AUGUST 3, 2010


THE REGULAR CITY COUNCIL MEETING of the City of Port Orange was called to order by Mayor Allen Green at 7:00 p.m.


Pledge of Allegiance


Silent Invocation


Roll Call:                                  Present:           Councilman George Steindoerfer

                                                                        Councilman Bob Pohlmann

                                                                        Councilman Dennis Kennedy

                                                                        Vice Mayor Mary Martin

                                                Mayor Allen Green


                        Also Present:   Kenneth W. Parker, City Manager

Margaret T. Roberts, City Attorney

Shirley M. Kelly, Deputy City Clerk

Glenda Leftwich, Recording Secretary


Mayor Green acknowledged the recent death of Tom McClellan.  His death is a loss to the community. 


Candidates present introduced themselves and gave an overview of their background and what District they are running in. Also present were former City Councilmen Jim Meadows and Ben Talluto.


Mayor Green commented on a recent meeting he had with a young professional group and their interest in serving the community. He encouraged them to stay involved in their community. They have a tremendous amount of knowledge that needs to be canned and distributed. 


The City Council recessed at 7:09 p.m. for a Town Center CRA Meeting, which minutes are under separate cover.


Recess:          7:09 p.m. 

Reconvene:  7:41 p.m. 




Mayor Green read a Proclamation in recognition of those who operate and maintain our drinking water, wastewater, and stormwater systems.  City employees Glen Whitcomb and Jim Smith were present representing the Florida Water & Pollution Control Operators Association. Steve Wolfson, student studying social Studies at Spruce Creek High School, introduced himself. He is present because of his interest in what is going on in Port Orange. He has been working with members of City Government and shadowing them the last few weeks. He spoke about projects planned for 2011 and working on a volunteer program that may relate to City government.  He is doing an internship and is part of a citizen leadership academy. Councilman Pohlmann commented that there is a move to bring back Civics back into the schools in Volusia County. That is a good way to learn about local government.




5.         Resolution No. 10-56 – FY 2011/2016 56-Year Capital Improvement           Program






Councilmen Pohlmann and Kennedy feel this is a well laid out plan. It was discussed in detail last week. Vice Mayor Martin supports it too.  Mayor Green said this subject came up in a forum held last night.  The City of Daytona Beach is far behind on their infrastructure program.  We need to reinvest and maintain what infrastructure now exist and into the future.


Motion made by Vice Mayor Martin, seconded by Councilman Kennedy, to adopt Resolution No. 10-56. Motion carried unanimously upon roll call vote.


CITIZEN PARTICIPATION (Non-Agenda – 15 Minutes)






6.         Approval of Minutes:

            a.  June 1, 2010 – Regular City Council Meeting

            b.  June 15, 2010 – Special City Council Meeting

            c.  June 15, 2010 – Regular City Council Meeting

            d.  June 22, 2010 – Special City Council Meeting

7.         Update on Construction Projects

8.         Update on Recreational Facilities

9.         City Attorney’s Report

10.       Road Construction Report

11.       Approve Public Employees Association (PEA) 2010-2011 Union Contract


Motion made by Vice Mayor Martin, seconded by Councilman Steindoerfer, to approve Agenda Item Nos. 6-10. Motion carried unanimously by voice vote.


11.       Approve Public Employees Association (PEA) 2010-2011 Union Contract


Mr. Parker, City Manager, said negotiations went smooth with employees and the City was able to arrive at an agreement after about three meetings. They were very supportive of the direction the City is going.  Councilman Kennedy said Council recognizes the effort made and the commitment to the City.  It speaks well of those employees. Councilman Pohlmann offered is thanks also.  The Council has not forgotten about the PEA employees. He asked are they the only ones who have signed off on the sick and vacation proposal for next year.  Mr. Parker said Civil Service and other unions were sent notices. Vice Mayor Martin agrees the PEA stepped up to the plat. She appreciates it. Councilman Steindoerfer said those employees are often the lowest paid, hardest working, and they have been terrific.  It is too bad the City cannot get cooperation from others.


Motion made by Vice Mayor Martin, seconded by Councilman Pohlmann, to approve the Public Employees Association (PEA) 2010-2011 Union Contract. Motion carried unanimously upon roll call vote.




12.       Report from Advisory Board 


Environmental Advisory Board


Jim Meadows, Chairman of the Environmental Advisory Board, updated Council on recent discussions.  Councilman Pohlmann commented on work done at Sleepy Hollow. Mr. Meadows said it was done very professionally. He commented on how well Warren Pike, Public Works Director, worked with everyone. Mayor Green commented on Massey having problems getting rid of dirt.  Mr. Parker said it could be trucked to the wellfield property but that is a long distance.  Mr. Meadows asked about rights to boat slips and the manatee trust fund.  He asked what happen after a project goes beyond an extension date and how many boats can be put at one dock. The Board reviewed the manatee protection ordinance and had some questions on it. He asked how many boats you can put at one dock. Mr. Parker spoke regarding a County slip dock and that they have a different definition. Ms. Lewis, Assistant City Manager, is reviewing this. Mr. Meadows asked what constitutes what type of vehicle can pull into a slip. Mr. Parker said the question is not the current owner but in successive owners. Some issues have to be monitored. They are trying to work through the logistics.


Phil Klema, Environmental Advisory Board Member, said the manatee regulations been around a long time. If the City starts parking boat trailers on CRA property, those begin to become slips. When you repaint at the causeway if you are not careful that adds to it. The City should reserve enough for the Causeway and Riverwalk and allow enough for individual property owners along the way.  There was some discussion regarding grouping slips together in a common area. That should help the manatees.  They also discussed stormwater discharge. It is recommended that the City advertise specifically who violations are to be reported to. He has tried to call and been routed around a lot.  Mayor Green spoke regarding where the City stands on Rosebay and restoration of oysters and who that would fall back on for follow-up, the Environmental Advisory Board? Mr. Parker said it could. The City can have a group make a presentation to the Board regarding this. Mr. Meadows asked about the old Causeway. Mr. Parker said that everything from the old Causeway they plan on removing has been. Mayor Green said the issue with Rosebay is crustation and environmental issues.




13.       Resolution No. 10-57 – Budget Appropriations






Motion made by Vice Mayor Martin, seconded by Councilman Kennedy, to adopt Resolution No. 10-57.  Motion carried unanimously upon roll call vote.




14.       City Vision Statement – 2010 Update


Mr. Parker said that Donna Steinebach, Assistant to the City Manager, headed up this project.  This product is the results of a two year series of workshops and input from citizens and other interested parties. Ms. Steinebach said the Vision Statement has all key concepts, ideas, and aspirations that came out of various input sessions. There was no one source or event that created it.  It is the culmination of all things discussed. Ms. Steinebach expressed her appreciation for everyone’s input.  It is a document of the people and not any one Department or elected officials. Mayor Green said everybody as a different perspective and that is okay.  When everything is put all together it is a great community. Councilman Steindoerfer is sorry that the City was unable to complete Riverwalk during his tenure as a Council Member.  Vice Mayor Martin is glad to see the Vision Statement updated. She is proud to be in a City that does a vision of where they want to go. Councilman Pohlmann said it is amazing the number of decisions that are made are done so based on this document. He commented to the Mayor that he should not cut himself short for what he has done while on the Council. No amount of education could replace what he has done for the City. Mayor Green said he has been fortunate in being surrounded by good and talented people.  Councilman Kennedy said even though some items do not get accomplished it always has the City moving forward.  Every citizen concern is important in its own way.


John Junco, Council candidate, said regardless of the results of the elections he will continue to work with the City and volunteer his services.  He said a resident had brought to his attention working with other agencies regarding concerns relative to health issues and the issue with Bert Fish Hospital and taxes paid.  He has met with Mr. Parker regarding this and he advised him what will have to be done to reevaluate borders. He asked Council’s position on putting together a packet of materials for lobbyists.  Mayor Green said they met with their representative in Tallahassee and that issue was brought up.  He has spoken to Morri Hoessini regarding this.  What is needed is current legislation to support the City’s position. Councilman Kennedy commented he knows that Halifax Hospital is working diligently on this issue and lots of efforts are being made to resolve it. It is good to hear there is support from the citizens. The lines referred to were drawn in the 50's and the population was much different.   


Motion made by Vice Mayor Martin, seconded by Councilman Pohlmann, to adopt the City of Port Orange Vision Statement – 2010 Update, as presented.  Motion carried unanimously by voice vote.

15.       Approval of Memorandum of Understanding between Coastal Public         Employees Association (PEA) and City of Port Orange


Margaret Roberts, City Attorney, asked any motion for approval being subject to the City Manager being advised in writing that the union members have voted to ratifying. Mr. Parker said Randy May signed the documents last Wednesday and indicated the membership is in agreement.  Councilman Kennedy reiterated his former remarks thank the PEA for working with the City. Councilman Pohlmann agreed.  He is glad they understand the economic conditions.  Vice Mayor Martin agreed.  Mayor Green commented on Randy May’s contributions and interest in the City.


Motion made by Vice Mayor Martin, seconded by Councilman Kennedy, to approve the Memorandum of Understanding between Coastal Public Employees Association (PEA) and City of Port Orange, subject to the City Manager being advised in writing that the union members have voted to ratify.  Motion carried unanimously upon roll call vote.




16.       Comments/Concerns from Council Members


Councilman Steindoerfer commented on the abandoned church building on Williamson Boulevard.  Mayor Green said he received a call today from a lady who has an interest in creating an educational theater type program.  Mr. Parker said the building is owned by a bank. Discussion followed among Council Members and Wayne Clark, Community Development Director, regarding condition of the building, it being brought up to code, and what information the City may have on it in their files.  There is some question about final inspection and it never being signed off on. John Junco said he was told it had so many code violations it would have to be condemned and any interested party would have to start over. He is not sure about the mechanical side of it. Mr. Parker said since we do not have certifications that it meets code a CO cannot be issued.  It is thought that block grants may be able to be used to remove the building. The building has not arrived at a point yet to where it could be condemned.   Mr. Junco talked about how older buildings can be made to comply by having a local engineer or architect come up with a plan of how you can remodel to bring it up to current code. Mayor Green feels the biggest problem is going to be structural.  It is a pre-engineered metal building.  It is not a simple series of testing and is not inexpensive. Mr. Clark also brought Council up to date on what information he has on the building on Clyde Morris Boulevard that was formerly an exercise gym. He believes the property has been sold. The City is also looking at it as a violation of the property maintenance code. The same things apply to the church property. There are steps the City can now take with a newly adopted property maintenance code that previously they could not. Mayor Green commented the old gym property has a parking problem. Councilman Steindoerfer commented on a residence on Spruce Creek Road and something on top of the roof. Mr. Clark will follow up on that. Vice Mayor Martin announced she will not be attending the League of Cities annual meeting as previously planned. 


Mr. Parker said that Mary Swardorski has asked Cities to partner in submitting a grant application for sustainability communities. The City’s match would be through in-kind contributions. The City of DeLand has secured a firm that will help write and submit the grant application. If awarded we will be under no obligation to use that to use that firm to prepare plans, etc. Mayor Green said that    Larry Arrington has asked for a commitment of $4,500. He would not do without

Regular City Council Meeting Minutes

August 3, 2010

Page 8


checking with Council first. He feels more information is needed. Mr. Parker will put this on the August 17th Council Agenda. Mayor Green spoke regarding volunteers and the importance they can play in the City. A list of some 34 different grouping of things that people can volunteer for has been put together. Persons interested in any type of volunteer work are asked to contact the City.


Mr. Parker spoke regarding Airport Road and Pioneer Trail and copies of correspondence from the Department of Community Affairs received. The County Council approved a comprehensive plan amendment that would change the corner of Pioneer Trail and Airport Road to commercial.  The City Council had authorized the City Manager to submit a letter opposing the change.  The change is being sent to DCA.  The amendment has been returned by DCA to Volusia County and they have to go through a different process for adoption.  DCA feels because the 9.7 acres includes a text amendment it makes it a major amendment.  Ms. Roberts, City Attorney, said if the City wishes to they may want to submit a letter to DCA reserving our rights as it relates to that item. We may join with other parties to reserve our right to object if there should be an appeal.  She is filing a petition with the Division of Administrative Hearings.  After that we may not have to go the full course on a hearing if the comments from DCA is sustained and not altered by something the County may file.  You can not do text amendments for small scale, it is defective. If the City wants to preserve its ability to object we have to do it in a formal fashion.  James Morris, Attorney, has offered to allow the City of Port Orange to join in a petition. The exact costs are not known. She would like the opportunity to discuss that with Mr. Morris.  She asked that she be allowed to speak to him regarding this, and subject to her and the City Manager talking with Mr. Morris about how the complexion on the case has changed, they engage his services.  Mr. Parker asked that the Mayor be included as a part of that discussion.  Mayor Green said this issue has been discussed many times.  An overhead location made was shown and Council discussed square footage of a Publix, discussion with adjacent property owners and what they would agree to, how proposed developers propose to meet traffic conditions, reasons for water being extended to the area, and how the City has been used.  Mayor Green asked if a failing party could ask for reconsideration.  Mr. Parker said they would have to do like this Council did regarding the driving range, back off and come back through in a different way. Ms. Roberts read the letter received from DCA.  Consensus of the City Council authorizing the City Attorney, City Manager, and Mayor, to discuss with James Morris, Attorney, the engagement of his services for filing a petition and representing the City’s challenge to the County’s comprehensive plan amendment adopted July 8, 2010, in an amount not to exceed $4,500.


Other Items


 Mr. Parker reminded Council of the 6:00 p.m. workshop on Wednesday with Sheriff Ben Johnson regarding police services. City staff will make a presentation on this August 10th.  There are some costs not in the Sheriff’s proposal that City Council needs to look at. Discussion followed regarding taking public input at the meeting with the Sheriff. Mr. Parker said that typically the Council takes comments.  Mayor Green said it is, however, limited. Mr. Parker said on August 10th there is a workshop with the YMCA.  Inside the regular meeting Mike Mellon will discuss emergency transportation services. There is no meeting on August 24th.  Traditionally, Council the Tuesday before the public hearing on the budget the Council will review it for the final time and give staff final instructions. That will be on August 31st. Mayor Green led a discussion regarding the proposed millage rate, rollback rate, and how you can best answer questions from residents who say you are raising their taxes. Mr. Parker said for many years discussion was the rate as compared to rollback rates. That has changed today.  Generally they are rolled forward. Now the discussion is let us compare tax rates not as it relates to anything else.  The dialogue is changing now. People that generally would see a change in taxes are the ones that have built up some savings in save our homes.  Unless you know the specifics of their property and look at their values you cannot answer their question.  Vice Mayor Martin commented on TABOR.  There is a candidate that is promoting freezes until something can be worked out on that, whether he gets elected or not. The Senate and House leadership groups are going forward with the same thing, the freeze and working toward TABOR. The millage rate that Council adopts this year may be all they will get for a few years. She wants the public to be award of this.  Councilman Pohlmann commented on the savings the City will see from the buyback on the new policy for the next fiscal year regarding vacation and sick leave will be substantial. He asked when Council will see some numbers on this.  Mr. Parker said before the last meeting on the budget.






                                                                                    Mayor Allen Green






Kenneth W. Parker, City Manager