FEBRUARY 1, 2012


THE SPECIAL CITY COUNCIL MEETING of the City of Port Orange was called to order by Mayor Allen Green at 5:30 p.m.


Pledge of Allegiance


Silent Invocation


Roll Call: Present: Councilman Bob Ford

Councilman Donald Burnette

Councilman Dennis Kennedy

Vice Mayor Bob Pohlmann

Mayor Allen Green


Also Present: Kenneth W. Parker, City Manager

Margaret T. Roberts, City Attorney

Robin Fenwick, Deputy City Clerk




4.    Concurrency and Fair-Share Agreement & Public Improvement Agreement for the Altamira Final Site Plan & for the Dunlawton-Yorktowne Property Case No. 11-80000011 (CONTINUED FROM JANUARY 17, 2012 and JANUARY 24, 2012)


Mayor Green advised that the only item on the agenda is the Altamira item continued from January 17, 2012 and January 24, 2012.

Mr. Parker gave the history of the property since 1971, including the zoning, land uses, intersection changes, and the B-19 canal. Mr. Parker advised Council of the options available to them as listed on the memorandum from Ken Parker to Mayor and Council dated January 31, 2012, which is attached hereto and incorporated into these minutes.

Kimberly Buck, Engineer, answered Mayor Green's questions regarding buffers and lane widths. Mayor Green would like to see the center median removed and natural vegetation placed on both sides of the wall to help fight noise.

Councilman Kennedy likes the natural vegetation idea. He prefers a two lane road, but wants to know if a two lane road would handle the traffic.

Vice Mayor Pohlmann asked about the speed limit on the road. Ms. Buck advised that the speed limit would be posted at 30 mph.

Councilman Burnette feels the two lane road would work because it is similar to the Clyde Morris Blvd. extension by Walmart and Spruce Creek High School.

Councilman Ford doesn't like the project at all. He believes Council and Staff should meet with those residents before making changes when the residents will be affected. He doesn't want the road built or the canal relocated.

Mayor Green asked for public comments.

Mike Stefanick, 5961 Marville Circle, addressed Council regarding the canal relocation and asked if there were any changes to the canal on the south side of Taylor Road (down Boggs Ford into Skylake). Mayor Green said no, nothing is planned now.

John Garsea addressed Council regarding the project. He agrees with Councilman Ford. He thinks if the road is built, it should be four lane for future growth.

George Spivey asked Mr. Parker about the northern section of Yorktowne-Willow Run extension. He agrees with Councilman Ford.

Derek Valentine, Sweetwater Collation, addressed Council regarding tree mitigation. He doesn't feel the project is necessary.

Joanie Gonzalez addressed Council regarding the animals in and near the canal. She doesn't agree with the project.

Mayor Green addressed the public regarding the animals being native and the traffic problems in the area. He believes Council has done due diligence on this project.

Shahla Evans asked about the traffic flows. Mr. Parker explained the changes.

Richard Eskew doesn't believe there has been a big effort to inform residents of this project. He thinks there needs to be something done on Taylor Road.

Katherine Degreeny agrees with Councilman Ford. She agrees with Mr. Eskew about the traffic on Taylor Road. She would like to see some of the road deleted. She'd like to see the wall built higher. She has a petition with signatures of the residents against the project.

Ted Noftall asked about language in the concurrency agreement. Mayor Green explained.

Mark Watts, Esquire, Cobb Cole, addressed Council as to the options presented by Mr. Parker. Mr. Watts addressed several of the public comments and questions.

Vice Mayor Pohlmann addressed the public about growth and the fact that the developer has rights to develop their property. He wants to reach a compromise with the developer and the residents. He supports the project as the Mayor proposed because he feels it is the least intrusive. He supports a higher wall; he supports natural vegetation; and he supports lessening the extra footage for the sidewalk, median, etc.

Councilman Burnette asked if FDOT could come in and remove that light. Mayor Green said they can do whatever they want, but he doesn't think so. He reminded the public and Council that the businesses will add jobs and add to the tax base for Port Orange. He doesn't see a need for a four lane road.

Motion to approve Concurrency and Fair Share Agreement and Public Improvements Agreement as recommended by Staff and amended by the developer to allow 120 days for payment by Dunlawton-Yorktowne and 30 days for Four Lanes to make payment made by Vice Mayor Pohlmann and Seconded by Councilman Burnette from the meeting held on January 24, 2012 and left open for this special meeting was withdrawn by Councilman Burnette (as to the Second) and by Vice Mayor Pohlmann (as to his Motion).

Motion to approve Concurrency and Fair Share Agreement and Public Improvements Agreement as presented with the amendments as follows: take out the center median on Yorktowne extension, raise the wall to 10 ft., reduce the size of the bike path to 5 ft., reduce the grass strip on the west side of Yorktowne extension to 3 ft., transfer the vegetation buffer to the east side of the right of way, improve vegetation on both sides of the road for sound reduction, made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy.

Sans Lasiter explained the wall issue because of the canal. Mayor Green disagrees and feels the developer can make the wall 10 ft.

Attorney Roberts advised that the site plan is under review and has not been approved. Attorney Watts advised that the site plan is scheduled to be resubmitted on the 10th and will include these changes.

Councilman Burnette agrees with Councilman Ford about the flow of information to the residents. He feels it needs to start with the City and include the developer so that residents and business owners affected know what is happening earlier.

Motion carried by 4-1 roll call vote, with Councilman Ford voting no.



Mayor Allen Green




Kenneth W. Parker, City Manager