To:                   Mayor Allen Green

Vice Mayor Mary Martin

Councilman Dennis Kennedy

Councilman Robert Pohlmann

Councilman George Steindoerfer

From:              Kenneth W. Parker, City Manager

Subject:          Agenda Commentary for Regular City Council Meeting of

                        October 19, 2010

Date:               October 13, 2010


Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call


This is the quarterly meeting of the Eastport CRA. 


This is the quarterly meeting of the Town Center CRA.


Item 4 -           Discussion of Florida Hospital Patient Protection Act

The Florida National Nurses Organizing Committee and SEIU Nurses Alliance recently requested the Port Orange City Council adopt a resolution supporting the Florida Hospital Patient Protection Act.  This legislation was filed last year and died in committee.  It is expected that identical or similar legislation will be filed again during the upcoming regular session.  The Florida Hospital Association and Halifax Medical Center are opposed to this legislation.

A copy of SB1283 (HB1283-Identical), as well as material representing those agencies for and against the legislation, are attached for review.

This item is for discussion only.

E.           CITIZEN PARTICIPATION (Non-Agenda – 15 minutes)

F.            CONSENT AGENDA

Item 5 -           Building Activity Report and Monthly Development Activity Report for September 2010

The attached staff reports include the Development Activity Report and the Building Activity Report for September 2010.  These reports provide information on proposed development and projects under construction, commercial code enforcement activity, and monthly building permits and inspection updates.

Staff recommends that Council accept the staff reports (Building Activity Report and Monthly Development Activity Report).

Item 6 -           Interlocal Agreement with Ponce Inlet for Use of YMCA During Emergency Events

The City of Port Orange has provided administrative space to the Town of Ponce Inlet during emergency events through an Interlocal Agreement for several years.  The current agreement has expired and the Town of Ponce Inlet has requested the attached renewal.  The agreement provides for terms and conditions consistent with those agreed to in previous years as well as a fixed-cost reimbursement formula.  Staff recommends approval .

Staff recommends Council approve an Interlocal Agreement with the Town of Ponce Inlet to provide them room, board and an area for administrative functions during an evacuation or declared emergency event and authorize the Mayor and City Manager to execute all necessary documents.

City Manager Comments: The City of Port Orange received a grant from the State of Florida several years ago to harden the YMCA building.  In the grant the City received letters of support from South Daytona, Daytona Beach Shores, and Ponce Inlet.  The grant application provided that those cities could use the YMCA as an alternative EOC and to provide sheltering of their key personnel.  In 2004, the Town of Ponce Inlet actually used the Y during the hurricanes as their alternative EOC.  The City of South Daytona actually housed some of their critical employees at the Y.  This is renewing the agreement with the Town of Ponce Inlet.  The City of Port Orange is not responsible for supplying the cities with any support services while they are using this facility.  The Town of Ponce Inlet is responsible for their cost associated with operating out of the Port Orange Y.  This has been a very good arrangement and has served the communities well.


Item 7 -           Citizen Advisory Committee for TPO

A representative of the Citizen Advisory Committee for the TPO will make a report to Council at this time.

H.           COMMUNITY DEVELOPMENT (Wayne Clark)


Item 8 -           Second Reading – Ordinance No. 2010-28 – Rezoning – First United Pentecostal Church of Greater Daytona from “A” and “R-8SF” to “GPU” (1495 Herbert St.) 

Staff recommends approval.

City Manager Comments: The property owner has asked that this item be continued until December 14.  They are working on their site plan.  Based upon their request, the City Council would need to read the Ordinance on Second Reading, accept comments, and if the City Council as deems it appropriate, make a motion to defer second reading until December 14, 2010. Any expenses associated with the delay would be born by the applicant.

Item 9 -           Second Reading – Ordinance No. 2010-30 - Revised Comprehensive Plan Update (EAR-Based Amendments)/10-2 Comprehensive Plan Amendment Cycle Adoption

Staff recommends approval.

City Manager Comments: Some days ago, you received an email related to the FEMA and Volusia County map updates.  It appears that the map updates will be completed in 2011.  If the map that is in question needs to be updated based upon that data, we would bring it forward as an amendment to the Comprehensive Plan.  That memorandum contained information on what it would cost to update the map.  Since the County and FEMA are working together to update the maps for Volusia County, it seemed appropriate that we allow them to complete their work and simply use their maps since those would be the official FEMA maps.  The City would avoid the cost.  We are using the most recent FEMA maps. 

I.              ADMINISTRATION (Ken Parker)

Item 10 -        Second Reading – Ordinance No. 2010-25 – Water Conservation for Landscape Irrigation

Staff recommends approval.

Item 11 -        Second Reading – Ordinance No. 2010-29 – Amending Chapter 54, Article VI, Section 54-147 of the Code of Ordinances Relating to Membership

Staff recommends approval.

Item 12 -        First Reading – Ordinances No. 2010-31 – Authorizing the Issuance of Education Facilities Bonds on Behalf of Palmer College Foundation

The City of Port Orange has been requested by Palmer College Foundation to issue bonds on its behalf in the amount of $28,300,000.  These are special obligations solely secured by Palmer.  The bond ordinance specifically states that these bonds do not constitute a debt, liability or obligation by the City of Port Orange.  The Ordinance outlines the repayment obligation.  Also, the Ordinance authorizes PNC Bank to purchase the notes.

Section 5 outlines what the bonds will be used to pay or reimburse costs associated with the project; refund outstanding bonds, and to pay all costs associated with the bond issue.  The City will not be out any costs associated with the issue.  Section 17 is bold and in capital letters.  The lender does not have recourse on any revenue of the City of Port Orange and no revenue of the City is pledged.

Staff recommends Council approve Ordinance No. 2010-31- Authorizing the Issuance of Education Facilities Bonds on Behalf of Palmer College Foundation

City Manager Comments: Attached is the memorandum related to this bond issue on behalf of Palmer.  City staff, the City’s Financial Advisor, and City’s Bond Counsel has been working with Palmer, their attorneys and their bank on this issue.  The City is under no obligation, either legally or morally, to repay any of the funds.  These bonds are special obligation bonds that are solely the responsibility of Palmer to repay.  These are like Industrial Development Revenue bonds that are issued by local governments on behalf of industries. It simply allows them to have access to the tax exempt bond market to make qualified improvements.

Item 13 -        Resolution No. 10-91 - Support of Retaining the Daytona Beach Post Office Processing and Distribution Center

The City Council went on record a few months ago in support of retaining the Daytona Beach Post Office Processing and Distribution Center. Recently, a study was completed and recommended that the Processing and Distribution Center be relocated from Daytona Beach to a center located in Lake Mary.  The study pointed out that the Daytona Beach Center has a very high efficiency rating and processed the mail at a lower unit cost.

There is a concern from many local businesses that the relocation of the Processing and Distribution Center will have a negative impact on the businesses.  I talked with a business leader recently that discussed the impact that this move would have on one of his tenants.  The company that leases warehouse space is a large mail distributor.  He indicated the company was evaluating the impact this would have on their Volusia County Distribution Center.  If it resulted in delays in their customers receiving their product, then they would have to look seriously at locations closer to a mail processing center.

Staff recommends Council approve Resolution No. 10-91 – Support of Retaining the Daytona Beach Post Office Processing and Distribution Center.

City Manager Comments: A letter was provided from the City of Port Orange at last week’s meeting related to the Daytona Postal facility.  This is the formal Resolution that we stated would be brought forward for the City Council consideration.


Item 14 –       Comments/Concerns from Council Members

At this time council members may discuss various matters or concerns.