August 7, 2012


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 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

                                                                        Laura Tennant, City Clerk’s office




4.    KemperSports Management – Budget discussion


Michael Collins, GM for the Golf Course at Cypress Head, introduced Ricardo Catarina, Suzanne Snider and Dennis Pickavance. Mr. Collins presented the budget for 2012/2013. He said they are presenting about a 4 percent increase in total revenue over the prior year and about a 1.7 percent increase in rounds. There is growth from an increase in tournaments and banquets. He said they are working with third party groups to increase rounds. There will be a nominal increase in rates during peak times. Improvements have been made to the facility and landscaping.


Councilman Kennedy mentioned working on non-peak times to get more rounds. Vice Mayor Pohlmann asked about the nominal increase. Mr. Collins said it would be about a dollar and it would be competitive with other courses in the area. Councilman Burnette mentioned the goals are aggressive. Mr. Collins said they feel they can do it. Councilman Burnette feels Turnbull Bay Golf Course is more competition than the New Smyrna Beach Municipal Golf Course and wants to see more comparisons with them. Councilman Ford said it is a good revenue plan and hopes to keep to it. He said his concern with the revenue is developing monies for future investments. He would like them and Council to think of ideas for sparking revenue for repairs. Mayor Green agreed they need to be prepared. Councilman Burnette suggested using the Parks and Rec department and PAL with the marketing plan.


Motion to accept the budget presentation as presented made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote after no public comments.


Ken Parker, City Manager, added that this will be incorporated into the formal budget and will go to public hearing in September and will be part of the budget resolution and adoption before final approval.


Mr. Collins mentioned they are ahead of budget for revenue through August. Hosting functions and banquets is going well.




5.    Port Orange Baseball Club - Marc Hazen


Mr. Hazen thanked Council for allowing them to come forward representing the Port Orange Baseball Club. He said they are here to seek co-sponsorship with the City of Port Orange to bring competitive baseball back to Port Orange. He has met with Mr. Parker and the Parks and Rec department to discuss rules and regulations and they are willing to abide. One team already exists and they are putting together another. This will help bring tournaments and income to the City. Mr. Parker said he believes they have met all of the requirements and meet the same criteria other co-sponsored groups have met. Mayor Green wished them well and wants this to be successful.


Motion to accept made by Councilman Burnette, and Seconded by Councilman Ford. Motion carried unanimously by roll call vote after no public comments.


6.    My City My Pride – Dhilan Patel


Mr. Patel, 12th grader at Spruce Creek High School, presented his idea for starting a civic volunteer organization in Port Orange called My City My Pride. He is enrolled in the IB program which requires performing community service hours. This program will serve as a mechanism to help residents of all ages volunteer. The goal is to match volunteers to opportunities by acting as the middle man. This will allow for community involvement to be easier and will be beneficial to residents and the City.


Councilman Ford said this is an excellent idea to increase volunteerism and citizen involvement. He is impressed and looks forward to the City working with him. Councilman Burnette thinks we need to be taking advantage of social media. He mentioned the Mayors Corp as a volunteer program and feels this is an ideal way to promote it. Vice Mayor Pohlmann thinks this is great for high school kids to volunteer and commended him for the idea. Councilman Kennedy agreed this is great for high schools and any citizen.


Motion to allow publicizing in newsletters and on the sign board and any of the Cities media made by Councilman Ford, and Seconded by Vice Mayor Pohlmann. Motion carried unanimously by voice vote after no public comments.


7.    City Cost Participation – Elijah Newton (Eagle Scout Conservation Project)


Fred Griffith, Public Utility Engineer, said Mr. Newton was unable to attend the meeting. Mr. Newton has presented his bird and duck boxes previously and Council supported him. Mr. Newton has been out raising money to help preserve wildlife and Mr. Griffith feels this would be a good investment for the City to make.


Mayor Green said he cannot authorize using City money but said they could raise funds and asked how people can donate. Mr. Griffith said people can contact him at 506-5753 to donate.


CITIZEN PARTICIPATION (Non-Agenda – 15 Minutes)


Ted Noftall, citizen, said at the budget hearing it was mentioned that with last year’s finances, the pension was overpaid by about three quarters of a million. Mr. Parker corrected him that that would be the total amount paid at the end of the year. He said when they bring it back it would be if Council desires, if they do not it would be available for other things. Mayor Green said he never commits to a vote; his opinion is that they will reapply it correctly with the pension fund. Mr. Noftall asked if they are not following the advice of their actuary. Mayor Green said he would gather the data to make an informed decision.




8.    Board Appointments

a.    Planning Commission

Motion to approve the re-appointment of Lance Green made by Councilman Burnette, and Seconded by Vice Mayor Pohlmann.


Mayor Green asked Lance Green what he has accomplished and why he would like re-appointed. Mr. Green said he enjoys being on the Planning Commission and thinks they have a good group. He is currently the Vice Chairman and upon re-appointment would become the Chairman in January. Working with Staff has been a pleasure. He said they try to make every project better than the last. Mayor Green mentioned there have been three great losses in the last year and have had three great replacements. Councilman Kennedy supports giving him another chance. Vice Pohlmann agrees and thanked the members of the Planning Commission for doing a great job. Councilman Burnette supports the re-appointment. Councilman Ford does not have a problem with Mr. Green but would like to take a look at the Planning Commission and balance it. He feels it is the most important board and said it is very developer oriented and he would like a more balanced board that represents all citizens. Before they make additional appointments he would like to think about where they are going and what is needed to provide balance. Mayor Green agreed it needs balance. Vice Mayor Pohlmann suggested using the newsletter to ask for volunteers to serve on boards.

Motion carried unanimously by voice vote.


Mayor Green asked the candidates present to introduce themselves.


Drew Bastian introduced himself to Council and citizens and said he is running for City Council. He appreciates the support.


Ted Noftall introduced himself to Council and citizens. He said he loves Port Orange and is also running for City Council.


Jim Hathaway introduced himself to Council and citizens. He is running for County Council. He said he admires the Youth Advisory Board and his Commission is moving forward with their own youth advisory council. He has served for 18 years.


Bob Pohlmann introduced himself; he is running for re-election. He would like to keep up the innovation displayed over the last 30 years in the City.


Allen Green introduced himself; he is running for re-election. He would like to be a part of the future of this community.




The City Council Meeting recessed at 7:40p.m. A Town Center CRA Special Meeting was then held, minutes of which are under separate cover.


City Council reconvened at 8:26pm.





9.    Approval of FY 2012 Community Development Block Grant (CDBG) Annual Action Plan (Second Year)


Donna Steinebach, Assistant to the City Manager, said the annual plan is consistent with the adopted 5 year plan. She said the City is slated to receive a total of $262,942 for FY2012 and is recommending Council approve programming the funds into the safe routes to school sidewalk project. A feasibility study will be taken to public comment on September 20, 2012 and will bring back to Council the actual scope and fee for the final engineering and permitting of the project. There is some money available for administrative purposes. She is presenting the funds and asking for approval and authorization to send to HUD for its approval for the release of funds for FY2012. She said they have undertaken the public notice consistent with citizen participation plan; tonight is technically a public hearing so she advised the Mayor to ensure to offer for public comment. It has been advertised on the City website and in the News-Journal.


Councilman Kennedy asked if this addresses the sidewalks on Herbert Street. Ms. Steinebach said no, and that they must demonstrate that a majority of the money benefits low to moderate income persons and targeted areas. Mr. Parker added that funding is under the Transportation Planning Organization (TPO) and the preliminary engineering work has been finished and easements are being obtained. Councilman Kennedy mentioned tying them together. Mr. Parker said they may be able to but they are different processes. Vice Mayor Pohlmann asked where the money is going. Ms. Steinebach said it is going to the 12th sidewalk linkages providing safe routes to school for the Port Orange Elementary School. They are using multiple years for feasibility, design and permitting, and construction. Councilman Burnette had no comments. Councilman Ford said he is delighted and feels his district does need the sidewalks. Mayor Green mentioned looking at areas that are prone to flooding and suggested addressing that in the analysis. Ms. Steinebach said there has been a multidisciplinary team looking at each of the links. She added that she has discussed the possibility of bidding a utility project as an alternate to the sidewalk project with the Public Utilities department.


Motion to approve the budget presentation for CDBG funding for FY2012 made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy.


Mayor Green asked for public comments; there were none.


Motion carried unanimously by roll call vote.







10. Approval of Minutes

a.    July 17, 2012 – Special City Council Meeting

b.    July 17, 2012 – Regular City Council Meeting

c.    July 24, 2012 – Special City Council Meeting

d.    July 24, 2012 – Regular City Council Meeting

11. Construction Activity Report

12. Parks & Recreation Project Updates

13. Environmental Advisory Board Report


Motion to approve Consent Agenda items 10-12 made by Vice Mayor Pohlmann, and Seconded by Councilman Burnette. Motion carried unanimously by voice vote.


Councilman Burnette asked that Item #13 be pulled for further discussion.


Item 13 – Councilman Burnette asked that the EAB report be provided verbally rather than just written. Margaret Momberger, Senior Planner, read the report. Councilman Burnette said he does not like to see lawn contractors blow debris out on the road. He would like to see it blown back in the yard. Councilman Kennedy agreed that the City needs to do this as well. Mayor Green thinks the contract said to use mulching mowers. Mr. Parker said he would check on it. Councilman Burnette agreed with mulching mowers they would have to fertilize less. Councilman Ford asked about the Environmental Advisory Board taking a larger role. He expressed concerns for the well field properties and preserving space. He would like to see the Board more involved. Mr. Parker said when the City began acquiring well field property; the EAB monitored it for Council. This would be taking them back to that management plan. He mentioned looking at the management plan to see if it is still valid and bring it for recommendation. The EAB worked with Staff to bring that plan forward. Councilman Ford discussed Doris Leeper and does not want people to forget about it. He would like a body, like the EAB, to monitor it and other properties to keep Council apprised of what is going on and to help them do the right thing. Councilman Burnette said the EAB has an amazing amount of diversity and expertise.


Motion to approve Consent Agenda item 13 made by Councilman Burnette, and Seconded by Councilman Ford. Motion carried unanimously by voice vote.


Mr. Parker clarified that Council wants Staff to inform the EAB about an expansion of the scope and to involve them in looking at properties, monitoring and bringing recommendations. Mayor Green added they could benefit from the people with that knowledge.




14. Second Reading – Ordinance No. 2012-8 – Small-Scale Future Land Use Amendment/Summit Golf Center/Tim Peightal (Tabled July 17, 2012)


Mayor Green said Item 14 remains on table.


FINANCE (John Shelley)


15. Resolution No. 12-33 – Water and Sewer Energy Charges


Mayor Green read Resolution No. 12-33.






Motion to approve Resolution No. 12-33 made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy.


Councilman Kennedy mentioned the reclaimed would remain unchanged and the sewer drops. Vice Mayor Pohlmann feels it is fair for residents. Councilman Burnette pointed out the one cent increase and two cent decrease. Councilman Ford said he is delighted there is not an increase.


Motion carried unanimously by roll call vote after no public comments.


16. Resolution No. 12-34 – Capital Improvement Program (CIP) Adoption


Mayor Green read Resolution No. 12-34.






Motion to approve Resolution No. 12-34 made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy.


Councilman Ford said he does not have a problem with immediate spending; however he has concerns for spending on the out years. Mr. Parker mentioned they wanted to workshop that; they said yes. Councilman Burnette, Councilman Kennedy and Vice Mayor Pohlmann did not comment.


Motion carried unanimously by roll call vote after no public comments.




17. Ordinance No. 2012-18 – Regulating the Official City Seal


Mayor Green read Ordinance No. 2012-18.






Motion to approve Ordinance No. 2012-18 made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy.


Councilman Ford said it needs to be protected. He does not want to make it restrictive but understands it can be misused. Mr. Parker said the use of the seal is not Staff granted but Council granted. Councilman Burnette said we have to protect our brand. He asked about the penalty. Margaret Roberts, City Attorney, said it provides that it is a misdemeanor penalty punishable by a fine; we do not imprison but could if Council determines it is appropriate. Vice Mayor Pohlmann said we now have an official City seal. Councilman Kennedy did not have any comment.


Ted Noftall asked about the current legal status of the seal. Attorney Roberts said it was recognized years ago, an ordinance was not issued at that time making it official by law. Council has controlled the use of the seal through their permission to others. Past practice of Council is the legal status. Mr. Noftall asked if others are using the seal. Attorney Roberts said officials of the City are using the seal. This takes effect upon passage of the ordinance, which is not tonight; passage will be in September. Mr. Noftall asked if this was an oversight. Attorney Roberts said it is not a requirement.


Motion carried unanimously by roll call vote.


18. Extension of time for Negotiations/ RFP #12-2


Motion to approve the extension of time for 45 days as recommended by the CRA made by Councilman Burnette, and Seconded by Councilman Kennedy. Motion carried 4-0, 1 by roll call vote with Mayor Green abstaining.


19. Discussion and direction for Doris Leeper/Spruce Creek Preserve


Mr. Parker said roller-chopping is on hold to give time for discussions with the State and County. An update on the status was given at the budget hearing and Council provided some direction then.  He discussed the Doris Leeper property. He said the City of Port Orange, along with the City of Daytona Beach, City of South Daytona, and City of New Smyrna Beach came together to acquire the property. The local groups that did the acquisition then said they would turn the property over to the state of Florida and it will become part of the state Spruce Creek Preserve. The State asked the County to manage the property on their behalf. There have been plan updates; the 2010 plan update is what is current. From a Port Orange perspective, the primary emphasis can be clarified to three areas; 1. Recreational use, consistent with CARL and Florida Forever and the plans; 2. The preservation of historical items on the property; 3. Environmental elements, concerns relating to Spruce Creek and the Spruce Creek ecosystem. There are items Staff would like Council to look at as they relate to policy and for having discussions with the State and County to be sure they are representing what the City of Port Orange believes are essential. He said he, Attorney Roberts, and Ms. Steinebach worked on this with input from others, including the Friends of Spruce Creek.


Ms. Steinebach gave a Power Point presentation. She discussed local government’s involvement in the Doris Leeper/Spruce Creek Preserve (DLSCP). She reviewed items that were discussed at the Volusia County Council meeting, including the concept of a compromise related to the trails and recreation use; the compromise being a proposed buffer plan. The plan was transmitted to the Florida Department of Environmental Protection on July 31, 2012. Receipt was acknowledged and the plan will be reviewed on their time-table. Once DEP reviews it and responds to the County, the County will be obligated, as the management entity, to prepare the restoration component of the DLSCP management plan within 90 days. Ms. Steinebach discussed the buffer plan.


Councilman Kennedy asked for clarification for zones A and B and if the areas have trees over 30 feet that are being removed. Ms. Steinebach said the buffer would be for the edge where it adjoins Zone C; there are trails along the edge. There is no removal within that area. He said he feels better about those areas.

Vice Mayor Pohlmann asked about Zone C having a buffer of 50 feet and if there is public use in that area. Ms. Steinebach said it would be 25 feet on either side of the trail and it would depend on the width of the trail. Attorney Roberts said there is an existing trail that cuts through the zone. Ms. Steinebach discussed the trail that would be maintained with a buffer and that the rest would be put into scrub habitat. He asked about wildlife and when it is expected that the scrub habitat would renew itself. Attorney Roberts said she has spoken with biologists who say the scrub is up to 300 years old and there is regrowth in the first year about one or two meters. Ms. Steinebach said locations of gopher turtles would be flagged prior to roller chopping; however she is unsure about how they handle the controlled burns but believes the turtle’s borough.

Councilman Burnette asked if the state is exempt from the protection requirements. Attorney Roberts said not to her knowledge. He does not have a problem with controlled burns for fire control but this is unacceptable.

Councilman Ford said he is in awe.

Mr. Parker expressed concerns for the controlled burn and the fire not knowing when to stop. He feels this should be a focus and if there are alternatives.

Attorney Roberts said they are working on gathering data for issues on the fire side.


Ms. Steinebach continued with her presentation and discussed policy issues. Councilman Ford did not have any comments on this item.

Councilman Burnette said stakeholder participation is job one; lack of that is the cause of this mess. He feels the buffer is not much of a compromise and would like to look at the possibility of scrub habitat on the Stanaki property and other alternatives.

Vice Mayor Pohlmann asked if this is in City limits and the turnaround time for the addendum getting to Tallahassee. Attorney Roberts said predominately yes. The addendum was submitted to the state in spring 2012. It contains matters that on quick review, appear to be in conflict with the management plan that was conditionally approved in 2011 and is in conflict with the Stanaki management plan that was approved in 2009. This is a serious concern. In the Stanaki plan, prescribed burns appear to be prohibited. There did not appear to be any provision for scrub restoration. If the City chooses to utilize that land for restoration the plan would need to be amended and approved. The State and County do not anticipate any further roller chopping until the restoration plan has been completed. The State did approve the addendum on July 31, 2012 and issued their letter accordingly; which provides for burn units in Stanaki and on the Stanaki tract. This appears to be in conflict with the prescribed burn plan in the management plan. She said the purpose for roller chopping first is to take the height of the fire down and to protect from lightening. She said they need to do more research on the burn plan and on the scrub area. With the addendum, if there is a point of entry, they must act before the next Council meeting. She said she is in consultation with an appropriate attorney and is prepared to proceed at Council’s direction. Mr. Parker recommended Council stay within the timeline. Vice Mayor Pohlmann discussed the plan and wants to get facts straight on what Council wants them to do. Ms. Steinebach said the original plan sent to the State was conditionally approved and the addendum process was already in place. The buffer plan is what has been transmitted recently which is what is under review.


Mr. Parker said Senator Lynn was in discussions with DEP and that DEP said this is high priority and they are open to suggestions from Port Orange. The State side is in favor of the buffer plan. He said City standards may be higher than County.

Councilman Kennedy said they need to continue to identify scrub habitat land alternatives and have room for compromise.

Mayor Green thinks it will be simpler to go where there are no trails, where it is isolated; he understands the need for the controlled burn. Councilman Kennedy thinks they need to keep this on the table. Mr. Parker said they will look at land west of Tomoka Farms Road as well. Attorney Roberts said the turtles like the scrub land.


Donna Steinebach continued with her presentation; she discussed tree preservation and protecting Spruce Creek. Mr. Parker said tree preservation slide only applies for compromising the trails. Attorney Roberts discussed what is County owned. Ms. Steinebach discussed archeological sites, the Stanaki tract, and stakeholder goals. Mr. Parker said from a Staff perspective, it starts with the first bullet: Magnitude of 2010 Plan Modifications and Amendments necessitates additional Public Process that includes all stakeholders as members of the Management Plan Advisory Group. Keep the process open so the plan reflects the stakeholders view and everything falls into place.


Council took an 8 minute break.


Council reconvened at 9:51p.m., and continued with the Doris Leeper/Spruce Creek Preserve item.


Mayor Green introduced a kid from Sanford who spoke at the County meeting.


The kid introduced himself and presented his speech on scrub jays. He said he is there to show his support for Volusia County’s efforts for the restoration of scrub jay habitats. He thanked Volusia County for excellent outdoor education program classes. He discussed scrub jays and their habitats and issues of restoration of habitats. He said he cannot bear to see trees torn down if there are large amounts of space in Volusia County that can be artificially restored. Mayor Green thanked him for coming.


Clay Hendersen, resident of New Smyrna Beach, said he was here 28 years ago to ask for help in buying the land. He thinks if it is framed around policy issues it will get resolved. He feels there should be a joint stakeholder committee and supports following the outlined goals. Mayor Green thanked him for all the time he has put into the community. Mr. Parker suggested using a facilitator to bring various groups together and making sure it is an open process.


Mayor Green said they are glad to listen to ideas however; they are going to establish a methodology that has a public process for the stakeholders.


Suzanne Kosmos, resident of New Smyrna Beach, said she has served as a representative of the area. She stated her concerns. She said she is acting as an individual and as a member of the Friends of Spruce Creek. She thanked the City for their proactive stance in stopping the roller choppers.  She asked the City to continue conversations with the County and State and to consider legal actions necessary to ensure this does not go forward. She also supports the policy initiatives. She wants Council to represent them and their opinion. Mayor Green said the next meeting of the stakeholders will be how to put it together. Ms. Kosmos added that she thinks the conflict Attorney Roberts mentioned is serious. Mayor Green expressed the need for a forum.


Tom Frank, resident of New Smyrna Beach, discussed history and feels they should let it keep growing the way it is and everyone can enjoy it. He submitted a management plan to Council. Mayor Green expressed the need to have stakeholders, they must have input to win the battle not the individual fights. He wants people to be players and to work this out.


Mayor Green asked if there were any other public comments; there were none at this time.


Councilman Ford wants to move ahead with their plan. Councilman Burnette discussed the buffers getting close to the creek and feels that is dangerous. Vice Mayor Pohlmann supports where the City is going. Councilman Kennedy agrees. Mayor Green thanked citizens for their comments.


Attorney Roberts said she will proceed with extending funds for legal resources and will call a special meeting before she has to file anything in a legal proceeding.


Bill Coe, citizen, discussed tree removal. Mayor Green said that would be part of the meeting. Mr. Coe said what is there works and feels not hacking would be the best thing. He discussed recreational uses, fire and natural conditions. He submitted his information to Council. Mayor Green said this is very scientific and they need to get all players in the room to go through this. He thanked him for his input.


Mayor Green said they are going to be a player and they want citizens to be involved.


20. City Manager Job Announcement


Mr. Parker said this is the announcement that will be seen on the website and that the ad would connect back to the site. He said Council needs to have a compensation discussion.


Councilman Burnette discussed the data provided. The mean salary was $130,593 and the median was $129,979. He said he took a range of what 15 and 20 percent in either direction would be to get $110,500-$149,500 and $104,000-$156,000. He suggested using one of those ranges. Councilman Ford discussed salary and benefits and combining them. He looked at how much a person earns and how much it costs the City with the total package. Mayor Green agrees he wants to know how much it costs the City not how much a person makes. Vice Mayor Pohlmann agrees with total cost not just a salary range. Councilman Kennedy said he is adamant there is no defined benefits in this; he wants them to stand firm on this. He thinks the 15 to 20 percent range is a good place to start. Mayor Green said benefits will add another 20 percent. Councilman Burnette said in terms of benefits like a car and phone he would rather give allowances to give them control over the total cost and compensation. Councilman Ford said he would like to have it open to negotiation. Mr. Parker clarified they want it to have the total compensation range, including all benefits. He said they are probably looking at $150,000 to $160,000. Attorney Roberts suggested broadening the range to open it up to people with less experience. Councilman Ford suggested a $125,000 to $160,000 range. Mayor said lower the bottom but leave the top where it is. Attorney Roberts agreed it would be based on experience and compensation.


Ted Noftall discussed the information for the ideal candidate. He would like to add to comparable size to say or equivalent private sector experience. He would like it to also be open to any current employee of the City. Mr. Parker said they may not want to specify as it may suggest they have already preselected. Council could say from an internal side that they will accept applications from all City employees. Council agreed they do not have a problem adding the private sector suggestion.


Attorney Roberts discussed the experience section. Councilman Burnette said this is an advertisement that says the ideal candidate and it is not a job description. Mr. Parker agreed that is correct. Mr. Parker discussed the description.


Stan Hetrick, citizen, discussed the ideal candidate having knowledge of the Sunshine Law. Mayor Green said they previously discussed them having knowledge of Florida law. Councilman Ford said he does not want to constrain it.




21. Comments/Concerns from Council Members


Councilman Ford had no comments.

Councilman Burnette reminded everyone next week is the election and that a representative from FPL will be present at the last meeting of the month.

Vice Mayor Pohlmann had no comments.

Councilman Kennedy reminded everyone to vote.

Mayor Green agreed everyone should vote. He said to look at what makes a team and what makes Council successful. The idea is to move progressively forward.


ADJOURNMENT:    10:37p.m.



                                                                                    Mayor Allen Green





Kenneth W. Parker, City Manager