JUNE 3, 2014


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.    Special Recognition Award – Police Department


Wayne Miller, Assistant Police Chief, recognized Officer Gregory Gaver, Jr. as “Gold Wing Road Riders Association, Chapter FL1-H, Daytona Beach, Motor Officer of the Year”.


Mayor Green and Council Members thanked Officer Gaver for his service.


5.    Get Fit Port Orange Recognition and Awards


Susan Lovallo, Parks & Recreation Director, provided recognition and awards to the Get Fit Port Orange winners. Ms. Lovallo thanked all of the sponsors for their support, as well as Kristy Brown and Peter Ferriera for their hard work on the program.




6.    Parks & Recreation Advisory Board Report


Jack Wiles, Chairman, provided the report of the most recent Parks & Recreation Advisory Board meeting. They believe the community needs a community center to provide activities and an exercise facility. The Board recommends selling White Place Park.


Councilman Kennedy believes the White Place Park could be a good field again. He would rather see the City retain it for youth sports. Mr. Wiles said the field is too small to be a usable sports field. There is not enough parking.


Councilman Bastian agreed the field is not large enough to be used as a sports field.


Vice Mayor Burnette doesn’t believe it can be used as an adequate field. Even if used as a practice field, it would be difficult with maintenance. He asked when the Board would be doing a needs assessment on parks. Mr. Wiles said their next few meetings will involve a needs assessment.


Councilman Ford believes in keeping children involved in sports. He asked the Board to provide their opinion on the direction of rec play vs. competitive teams with tournaments.


7.    Audit & Budget Advisory Board Report


Ted Noftall, Chairman, provided the report of the most recent Audit & Budget Advisory Board meeting. The Board discussed the FY 2015 Budget.


Councilman Ford is concerned with the internal controls issues. He asked if the Board is prepared to provide feedback to the Council to ensure internal controls are implemented. Mr. Noftall believes there is enough talent on the Board to assist but he’s not sure the information will be coming in time by Staff.


Vice Mayor Burnette is concerned with the warehouse procedures and inventories.  He wants to see the Board review the procedures on the warehouse. Mr. Kisela agreed. Staff will work with the Audit & Budget Advisory Board on the issue of internal controls. Vice Mayor Burnette wants information on purchasing procedures relating to inventories. Mr. Noftall believes it is important to balance inventory financially.


Councilman Bastian was more concerned because there were 16 different purchases that led to the $411,000+ over spending. He suggested a joint meeting to discuss recommendations.


Councilman Kennedy shares the concerns relating to internal controls. He is concerned with the Board receiving documents late in the week to review for a meeting on Monday. He asked the Board to provide a list of the “wants” that Mr. Noftall stated will not be met.


Mayor Green believes there is a way to color code items. He asked Staff to find out what other communities are doing relating to inventory controls. Mayor Green would like to investigate to work on a fix. Mr. Kisela advised that he is looking to the Board to help establish inventory controls. A report will be provided to Council.


Sonya Laney, member, addressed Chairman Noftall’s comments. She agreed that internal controls failed and needs improvement. She asked if it was fear that prevented the error from being reported. The tone at the top of the organization will determine employees’ actions. She stands firm with her comments about the audit comments.


Mark Schaefer, member, believes the current auditors can do the internal controls audit. He believes the Board can make the appropriate determination on employees’ qualifications.


Mr. Wiles cautioned Council with an internal controls audit at this time. He is favor of one but the expense and the time involved should be considered.


Councilman Ford has had bad experiences with thefts at the warehouse when he was Police Chief. Internal controls, in his opinion, help keeps employees straight. He is bothered that the internal controls were not working especially in that area. He wants employees to know Council understands mistakes will happen but deceit and cover ups are not acceptable. He wants the City Manager to hold the responsible party(ies) accountable.


Mr. Noftall wants closure and asked Council to set a timeframe.


Mayor Green asked for price, scope, and timeframe for an external audit on internal audits. Mr. Kisela will provide information.


The following candidates for Office introduced themselves: Bob Ford, District 1; Don Burnette, District 2; Scott Stiltner, District 4; Newton White, District 4; Sonya Laney, District 1; and John Junco, District 4.


CITIZEN PARTICIPATION (Non-Agenda – 15 Minutes)


Mr. Noftall doesn’t agree with selling White Place Park.


Dianne Gardner, citizen, addressed Council regarding the recent mistake of overspending $411,000+ by Public Utilities Staff.


Mike Gardner, citizen, addressed Council regarding the 2014 Refunding Revenue Bond. He urged Council to reconsider their approval of the refunding of the bond.


Mr. Schaefer addressed Council regarding the 2014 Refunding Revenue Bond. He asked what the balance is for reserves and if they will be released. He was concerned with the memorandum from Peter Dame relating to the City Ordinance rather than the Florida Statutes and Constitution.


Larrie Green, citizen, addressed Council regarding the City’s Budget and property values. He doesn’t believe the increase can be justified at this time.


Mr. Wiles discussed the White Place Park. The Parks & Recreation Advisory Board worked hard to determine if the park would be a usable asset to the City. He doesn’t agree with Mr. Noftall’s comments about the park.




8.    Comments/Concerns from Council Members


Councilman Kennedy believes there is a value to maintaining sports fields on the east side of the City. He said the canal and the pond on Yorktowne Blvd. are in bad shape and needs attention. He asked for a neighborhood meeting relating to the Neighborhood Walmart proposed at Madeline Ave. and Clyde Morris Blvd.


Councilman Bastian asked what the plan is for the City employees cutting grass. Mr. Kisela said the timeline is still October 1, 2014 for the City to be out of the grass cutting business. Councilman Bastian asked if Staff is checking on FPL and the removal of trees. Mr. Kisela said Staff is monitoring the work. He said Staff will provide a sketch.


Vice Mayor Burnette asked for the sprinklers on Dunlawton leading toward the bridge be checked.


Councilman Ford discussed his concern relating to the plans of City projects. He believes the water meter project is being piecemealed. He wants to see long range planning. Mr. Kisela said Staff will provide a report. Councilman Ford advised that he has provided a copy of the Interlocal Agreement for Creation of the Metropolitan Planning Organization. Margaret Roberts, City Attorney, advised that comments will need to be provided to the City Manager before Friday, June 6, 2014. Councilman Ford said the name is changing and adds Palm Coast to the TPO.


Mayor Green would like to see water moved to low ponds rather than to the river. He mentioned the no U-Turn at the Target shopping center. Mr. Kisela said FDOT notified Staff that they will provide a two week notice. Staff is concerned with enforcement and with the traffic going to Yorktowne Blvd. light. There was a safety concern with FDOT with the U-turns at that area. The change will happen by the end of June. Mayor Green said Staff has done a good job with the grass mowing but he doesn’t want to be in the business.  


Peter Dame, Ackerman Law Office, advised that the State Constitution does not require referendum vote because property taxes are not being pledged. He advised that the City Ordinance is more restrictive; therefore, he addressed the question relating to the City Ordinance requirements. Parks have traditionally been provided by governments and fits within the language.


Councilman Kennedy believes the park is good use of the funds.


Councilman Bastian agreed with using the funds for the Riverwalk Park.


Vice Mayor Burnette asked if the memorandum is their legal opinion. Mr. Dame said it was written as a memorandum but it is their legal opinion.


Councilman Ford doesn’t know what a non-essential government function would be. He supports the refinancing but doesn’t know what the Council should do with the funds.


Mr. Schaefer asked if Chapter 132 applies. He believes it does. Mr. Dame said that is not their interpretation of the Statutes.


Mr. Gardner advised Council that he has asked a local bond attorney to provide a second opinion and asked Council to consider paying for the second opinion if the attorney doesn’t agree with Mr. Dame’s opinions. If the second opinion agrees with Mr. Dame, Mr. Gardner will pay the fees for the second opinion.


Mr. Noftall asked for an example of “non-governmental functions that are nonessential”. Ms. Roberts said she doesn’t have an example but there are functions. Mayor Green said the refunding is a business decision and what Council does with the funds is another discussion. He supports moving forward with Riverwalk Park. 


Mayor Green advised that there are three (3) openings on the Library Advisory Board.




9.    Approval of Minutes

a.    May 10, 2014 – Budget Workshop

b.    May 20, 2014 – Regular City Council Meeting

10. Construction Activity Report

11. National Night Out

12. Approval of the sale certain fire-rescue department assets

13. Approve donating City surplus property to Daytona State College and to waive the City’s surplus property and auction procedures

14. Partnering on a Florida Department of Economic Opportunity Technical Assistance Grant

15. City Attorney’s Quarterly Report


Councilman Bastian asked that item #12 be pulled for further discussion.


Ted Noftall asked that item #10 be pulled for questions.


Motion to approve Consent Agenda Items #9, 11, and 13-15 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.


Mr. Noftall asked when a comprehensive report would be forthcoming. Mr. Kisela advised that Donna Steinebach provided a report that he didn’t agree with. Mr. Noftall asked what the costs are tied up in the lakes. Mr. Kisela will provide that information. Councilman Ford would like Council to decide what to do with the lakes. Mr. Kisela suggested a workshop on the water system as a whole. There are a lot of pieces. Policy decisions are needed. Councilman Ford needs engineering opinions to help make policy decisions. Mr. Kisela said the Selection Committee is currently working on their recommendation to Council.  


Motion to approve item #10 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.


Item #12 – Councilman Bastian thanked Joe Pozzo, Fire Chief, for the report. He asked for details of the equipment being surplused and sold. Chief Pozzo advised that the term “surplus” is needed for Staff to move to the next step to receive fair market value for the piece.


Motion to approve Consent Agenda item #12 was made by Councilman Bastian, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.  




16. Final Plat & Plans and Subdivision Variance, Subdivision Improvement Agreement (SIA), and Amendment to an existing Concurrency Fair-Share Agreement/Port Orange Plantation Phase IV-Village C, Case No. 13-50000003 (Continued on 5/20/14)


Motion to approve was made by Vice Mayor Burnette and Seconded by Councilman Kennedy.


Councilman Ford asked what the original need was for this area. Tim Burman, Planner, explained the original use. When the first three phases were designed the second source of irrigation was not a requirement. This is the final piece to loop the first phases together based on their work with Staff. Councilman Ford questions whether there should be a requirement for new subdivisions to provide reclaimed water.


Motion carried unanimously by roll call vote.



PARKS & RECREATION (Susan Lovallo)


17. Alcohol Sales and Consumption at Special Events


Ms. Lovallo provided details of the current Code, as well as the recent and previous requests relating to alcohol sales and consumption at special events held at the City Center Complex.  She provided recommended practices that would allow for the sales. She is asking for direction from Council before proceeding any further with legal review.


Mayor Green believes the City Center Complex is more family oriented.


Councilman Ford supports allowing alcohol at City Center for special events.


Vice Mayor Burnette would like to see more festivals. He asked way it is limited to non-profits. Ms. Lovallo advised that her understanding is the State of Florida limits a for-profit organization from selling alcohol off premises.


Councilman Bastian agreed with Vice Mayor Burnette that it should be allowed and not limited to non-profits.


Councilman Kennedy supports Staff moving forward with more details.


Tom Menocal, 985 Countryside, cautioned Council regarding liability concerns.


Mr. Stiltner believes the culture has changed within the community. He supports controlled sales at special events.


Mr. White supports the alcohol sales at City Center Complex for special events.


Mr. Junco has had this discussion on the Board of Directors for Family Days. Family Days Board does not want beer and wine at the Family Days events except at the Thursday Food Truck event possibly.


Council supports Staff moving forward with guidelines and ordinance/resolution changes.


Mayor Green asked about putting up poles and banners. He’d like Staff to find out how to get permits.


CITY ATTORNEY (Margaret Roberts)


18. City Attorney Comments


Ms. Roberts advised that the pumpkin festival contract will be brought to Council. She provided and read a proclamation from Governor Rick Scott for Paralegals Week.


Mayor Green and Council Members thanked them for their work.




19. Proposed License Agreement Along B-23 Canal (Oak Street Right-of-Way)


Shannon Lewis, Assistant City Manager, provided details of the request. Council discussed entertaining additional License Agreements north of Main Street in November, 2013. She asked Council if they would like to approve a dock and boat lift. Normal permitting process is required. Ms. Roberts asked that one sentence be added to the License Agreement that indicates the use of the upland and waterway is a non-exclusive use.


Mayor Green asked if there is a limit to the size of the structure. Ms. Lewis yes, it can be limited in Exhibit 1.


Councilman Kennedy supports the request for option two with restrictions as is listed in the LDC.


Ms. Roberts encouraged Council to think about the view from the dock and not just for a boat lift.


Councilman Bastian is in agreement with the request.


Mayor Green asked if the seawall is stable. Beth Bazemore, applicant, said the seawall is wonderful and seems to be very stable.


Vice Mayor Burnette is concerned with visibility and engineering. Mayor Green believes it can be engineered properly.


Councilman Ford has a concern with the dock going out too far into the center of the canal. He supports the request as it meets LDC requirements.


Motion to approve the License Agreement with the language: “the use of the upland and the waterway being a non-exclusive use”, being included was made by Councilman Ford and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.


20. City Manager Comments


Mr. Kisela advised that the Cambridge Canal project has been approved. It appears the City’s match will be $600,000+. Staff met with Moody’s relating to the bond rating. He advised that the preliminary numbers on real property shows a 10% increase.


ADJOURNMENT: 9:39 p.m.




                                                                                    Mayor Allen Green





Robin Fenwick, CMC

City Clerk