MAY 7, 2013


THE REGULAR CITY COUNCIL MEETING of the City of Port Orange was called to order by Mayor Allen Green at 6:30 p.m.


Pledge of Allegiance


Silent Invocation


Roll Call:                    Present:                     Councilman Bob Ford

                                                                        Councilman Drew Bastian

Councilman Dennis Kennedy

                                                                        Vice Mayor Donald Burnette

                                                                        Mayor Allen Green


                                    Also Present:            Greg Kisela, City Manager

                                                                        Margaret T. Roberts, City Attorney

                                                                        Robin Fenwick, City Clerk




4.    Environmental Advisory Board Quarterly Report


Suzanne Grubbs provided the quarterly report for the Environmental Advisory Board. The EAB voted to support a committee to be created to establish a community garden.



Mayor Green asked the student visitors to introduce themselves. Laural Melton introduced herself. Daniel Dietrich also introduced himself. Both students are from Atlantic High School Law and Government Academy.


Camden M. introduced himself. He is a Boy Scout from a local troop and is working on the Citizenship in the Community Merit Badge.  




5.    Report from KemperSports Management regarding Cypress Head Golf Course


Ricardo Catarino provided the report on the second fiscal quarter for the golf course.


Vice Mayor Burnette is disappointed in the results half-way through the year. He thinks food and beverage is weak. Mr. Catarino advised that a new chef has been hired. The quality of food has been upgraded. Vice Mayor Burnette is concerned they are not going to make enough to cover debt service.


Councilman Bastian is concerned with long range stability.


Councilman Kennedy agreed. There are maintenance issues as well.


Mayor Green advised that these concerns came up for discussion at the Saturday Budget Workshop on May 4, 2013.


Mr. Catarino advised the golf industry is not where it was a year ago. Regina Hunter provided details of the Mother’s Day Brunch from 10 a.m. – 2 p.m. on Mother’s Day.


Michael Collins provided flyers for school events and summer camps. 


Mark Schaefer believes it is sufficient for the golf course to break even and not raise rates to make a profit.   




6.    Friends Carving Club of Port Orange – John Carleton


John Carleton asked Council to consider co-sponsoring and waiving or reducing the fees at the Port Orange Adult Activity Center on January 18, 2014, so they can showcase their club. 


Mayor Green agreed with co-sponsoring the Club. They have been in the community for a long time and have agreed to participate in the costs.


Councilman Ford has no problem assisting community groups.


Vice Mayor Burnette wants to ensure the costs of the City are covered.


Councilman Bastian agreed with waiving or reducing the fees.


Councilman Kennedy also agreed with waiving the fees as long as the City’s costs are covered. 


Mayor Green asked Mr. Kisela to work with the Club to cover the costs.


7.    Oakbrook HOA – Lavona Bailey & Cindy Ferrara


Lavona Bailey addressed Council regarding the closure of the bridge between Willow Run and Oakbrook subdivisions. She reported that there are traffic issues, as well as increased crime due to the bridge. 


Warren Kurtz provided a petition of their subdivisions’ residents. 83% of the residents want the bridge closed, 17% do not. He advised that the crime rate has increased.


Mayor Green provided details of the history. He understands the concerns and believes it needs to be addressed.


Councilman Ford favors closed neighborhoods. He recommends an intensive police enforcement and would like a comprehensive study from the planning department with the pros and cons to closing the bridge.  


Vice Mayor Burnette had questions for Staff. The speed study did not substantiate the claims of speeding. He has heard from residents on the other side, who like that they can go through Willow Run without going through the school zone at Horizon.


Councilman Bastian would like more information of the pros and cons. He has heard from residents on both sides.


Councilman Kennedy is sympathetic and wants to hear more from Staff.


Jackie Quillen feels it is important to consider the impact on the students going to Horizon Elementary School. The bridge evens out the traffic flow.


Guy Sheckton advised that there are blind spots on the bridge.


Mayor Green asked Mr. Kisela to provide a study.


CITIZEN PARTICIPATION (Non-Agenda – 15 Minutes)


Ted Noftall asked Council if they will invite County Council members from Port Orange and the at-large members to attend a City Council meeting. Mayor Green said they can invite them. Some are receptive, others are not.


Mark Schaeffer spoke regarding his concerns from the Budget Workshop on Saturday, May 4, 2013. He suggested outsourcing the fleet maintenance and IT divisions. He was disturbed about the suggestion to use IT as a revenue source.


Newton White thanked Council for standing up for the citizens at the County Council meeting relating to the gas tax.




8.    Approval of Minutes

a.    April 16, 2013 – Regular City Council Meeting

9.    Construction Activity Report

10. Parks and Recreation Project Updates

11. Change Order No. 1 to Contract with Thatcher Chemical of Florida, Inc. and Authorization to Purchase Additional Methanol for the Reclaimed Water Plant

12. 2013 COPS Hiring Program (CHP)

13. Reclaimed Water Plant Rehabilitation Project, Bid Award – Bid #13-16

14. Addendum No. 1 to Sparks Concrete Contract

15. Change Order No. 1 to Contract with Dredging & Marine Consultants for B-23 Canal Inspection Services

16. Final Deductive Change Order with Sieg & Ambachtsheer, Inc. for the B-23 Canal Seawall Restoration Project

17. Award of Bid #13-17 – Town Center Median Landscaping – S.R. 421/Dunlawton Avenue Segment

18. Award of Bid #13-18 – Town Center Median Landscaping – U.S. 1/Ridgewood Avenue Segment


Mayor Green asked that Item #12 be pulled from the Consent Agenda for further discussion.


Mr. Kisela asked that Item #13 be pulled for further discussion.


Councilman Ford asked that Item #14 be pulled for further discussion.


Motion to approve Consent Agenda Items #8-11 and 15-18 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.


Consent Agenda Item #12 – Ted Noftall asked that this grant be rejected. There are strings attached. He agreed officers are needed. He suggested Port Orange pull their police off of Dunlawton, Nova and Ridgewood since those are County roads. The County should be policing their roads. Jerry Monahan, Director of Public Safety, advised that those roads are County and some State roads; however, they are the Port Orange Police Department’s jurisdiction and responsibility. He advised that the Police Department needs more officers and however the Council would like to fund the officers is up to them.


Councilman Kennedy prefers to plan to add police officers without a grant. He doesn’t believe the City will receive the grant anyway.


Councilman Bastian agreed with applying for the grant.


Vice Mayor Burnette wants the police officers on the road now.


Councilman Ford also wants police officers. The grant money has worked in the past. He supports applying for the grant. He wants to see community policing put in place. He wants to begin discussing Community Service Officers for school zones and the like. He asked Mr. Kisela to work on the succession plan for the Police Department.


Chief Monahan advised that he has implemented some alternative models, including reserves.


Mr. Noftall suggested the Council reject the grant because the Federal Government doesn’t have the money either. Pension reform needs to be a top priority. Mayor Green agreed.


Suzanne Grubbs asked if the City has any ZIPTED certified officers.  Chief Monahan said there is no one certified but lighting, shrubbery and traffic safety are reviewed as they come through the process.


Mr. Schaeffer likes the concept of a comprehensive study of the plan for the Police Department. The citizens need to get involved in their neighborhoods.


Motion to approve Consent Agenda Item #12 was made by Councilman Ford, and Seconded by Vice Mayor Burnette. Motion carried unanimously by roll call vote.


#13 – Mr. Kisela advised that there is a bid protest on this item. Local preference can be applied which would award the bid to Danus Utilities rather than the low bidder, Wharton-Smith, Inc. Council has the authority to apply local preference. The bid protest from Danus was overturned by Mr. Kisela.


Mayor Green advised that he spoke to the owner of Danus, Attorney Jim Morris, and Mr. Kisela regarding this item.


Councilman Kennedy, Councilman Bastian, and Vice Mayor Burnette all spoke to Jim Morris. Councilman Ford did not.


Vice Mayor Burnette asked if local preference has to be done through a bid protest. Mr. Kisela said no. If there had not been a bid protest, Staff would have brought a recommendation showing the low bidder with details of the local preference.


Motion to approve Item #13 awarding local preference to Danus was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.


Ryan Phillips believes Wharton Smith is the only active, responsive bidder. Their position is Danus does not have the proper licensing to do the job. Wharton Smith is the low bidder and should be awarded the bid.

Jim Morris, Attorney for Danus Utilities, provided details of Danus’ position. Danus disagreed with Wharton Smith’s position. The contractors will be properly licensed.


Margaret Roberts, City Attorney, advised Council that she has reviewed this issue. The State of Florida makes the determination regarding licensing guidelines. She recommended seeking the State’s declaration as to Danus’ licensing restrictions.


Mayor Green discussed his license and the responsibility of the general contractor.


Councilman Kennedy asked to hear from the engineer regarding Danus’ qualifications to do the work.


Brad Blais, Quentin Hampton, agreed with Attorney Roberts that the Council should request a determination from the State regarding Danus’ licensing restrictions.


Councilman Bastian asked if the licensing requirement was the reason for Danus being deemed unresponsive. Mr. Blais said yes.


Vice Mayor Burnette asked if both companies are capable of doing the work, licensing aside. Mr. Blais said yes.


 Mayor Green has worked with both companies in the past and both are good companies.


Vice Mayor Burnette amended the main Motion to be contingent upon proper licensure as determined by the State of Florida. Motion carried unanimously by roll call vote.


Main Motion carried unanimously by roll call vote.  


#14 – Councilman Ford stated that he does not agree with the placement of the concrete plant location.


Motion to approve Item #14 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried by 3-2 roll call vote with Councilman Ford and Councilman Bastian voting no.


FINANCE (Wayne Saunders)


19. Resolution No. 13-25 – LAP Agreement for Herbert Street Sidewalks


 Mayor Green read Resolution No. 13-25.






Motion to approve Resolution No. 13-25 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.


Wayne Saunders, Finance Director, provided details of the budget amendment.


Motion carried unanimously by roll call vote.




20. Appeal of Planning Commission Decision Denying a Variance to Allow Speed Bumps within Parkwood Mobile Home Park/Michael Belanich Case No. 12-90000005 (continued from March 19, 2013)


Tim Burman, Planner, provided details of the item. The Planning Commission voted 7-0 to not allow speed bumps in the Parkwood Mobile Home Park.


Councilman Bastian asked if the speed bumps were placed without permission from the City. Mr. Burman said yes, it was referred to code enforcement recently, which led to the application for a variance.


Vice Mayor Burnette asked if Council allows the speed bumps, will they be circumventing the LDC. Attorney Roberts advised that there are items that will allow a variance. Allowing one variance may open up for others to apply for similar variances. Vice Mayor Burnette is concerned and doesn’t want to support a variance but would rather change the ordinance, as long as the code is clear.


Mayor Green disagreed. There are other calming methods that can be done without changing the code.


Councilman Ford asked if the speed tables would be allowed in the current code. Mr. Burman said calming devices are allowed but must be reviewed with fire personnel.  Councilman Ford is concerned with speed bumps because of his experience with vehicles going out of control after hitting speed bumps. He believes they are dangerous. He suggested using speed tables instead.


Mayor Green suggested Council review the calming devices used in Daytona Beach.


Michael Belanich, Managing Member of Parkwood Mobile Home Park, asked Council to allow a variance to allow speed bumps in Parkwood Mobile Home Park. He advised that the speed bumps have been in Parkwood for over 30 years.


Councilman Bastian asked Chief Monahan if the police will issue tickets on Parkwood streets. Chief Monahan said they are private roads but an agreement could be entered into much like Cypress Head and other subdivisions in the City. Currently, there is no agreement with Parkwood.  Mr. Belanich said they looked into an agreement about five years ago but the City required a large surety bond and they deemed it impractical.  


Mayor Green provided historical details of Parkwood. It was not in the City limits when it was developed.


Motion to approve the Planning Commission’s decision to deny a variance was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried 4-1 by roll call vote with Vice Mayor Burnette voting no.         


PUBLIC SAFETY (Jerry Monahan)


21. Feral Cat Program update


Chief Monahan introduced Pat Mihalic. Ms. Mihalic provided a report to Council. She asked Council to expand the program from commercial to include residential properties. Chief Monahan thanked Ms. Mihalic and the Concerned Citizens for Animal Welfare for their efforts. He reminded Council that $40,000 was funded for the program with only $12,895 being spent so far. Cheryl Robel said they have received several phone calls after a news article from citizens feeding feral cats and requesting help.


Mayor Green, Councilman Kennedy, Councilman Bastian, Vice Mayor Burnette, and Councilman Ford agreed with expanding the program to include residential areas.


Mr. Noftall encouraged Council to expand the program. He believes it has worked.


Mayor Green thanked the group.


CITY ATTORNEY (Margaret Roberts)


22. City Attorney’s Report


Attorney Roberts doesn’t believe ordinances are “her” ordinances as Mr. Noftall suggested. The City Attorney prepares ordinances as directed.




23. Second Reading - Ordinance No. 2013-7 – Audit and Budget Advisory Board


Mayor Green read Ordinance No. 2013-7.






Motion to adopt Ordinance No. 2013-7 on second and final reading was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote. 


24. City Manager’s Report


Mr. Kisela advised that a Special Meeting is being planned for June 14, 2013, relating to Riverwalk.




25. Comments/Concerns from Council Members


Councilman Ford is concerned with traffic issues. He requested a traffic analysis at Altamira and Yorktowne. He would like to have a code enforcement workshop relating to U.S. 1 blight. Mayor Green suggested finding a funding mechanism to help with the litigation with the extension of Yorktowne.


Vice Mayor Burnette is frustrated about some code violations that were reported, particularly a pop-up tent being used as a temporary carport. He talked about littering issues in the City and suggested enforcement efforts.


Councilman Bastian asked about the walk lights on Dunlawton. He’d like it to be included in the budget to make sidewalks safer.


Councilman Kennedy thanked all involved in the recent Budget Workshop.


Councilman Bastian asked where the Wawa is being built. Wayne Clark, Community Development Director, advised that a site is not set yet. There have been no site plans submitted yet. They are having initial discussions with the Environmental Advisory Board first and then possibly with Council before they spend a lot of money.


Mr. Kisela reminded Council of next week’s Special Meeting relating to sick and vacation leave and flex time.


ADJOURNMENT:  8:53 p.m.




                                                                                    Mayor Allen Green






Robin Fenwick, City Clerk