To:                   Mayor Allen Green

                        Vice Mayor Bob Pohlmann

                        Council Member Bob Ford

                        Council Member Donald Burnette

                        Council Member Dennis Kennedy


From:              Kenneth W. Parker, City Manager


Subject:          Agenda Commentary for Regular City Council Meeting of

                        August 7, 2012


Date:               August 1, 2012






Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call




Item 4 -           KemperSports Management – Budget Discussion


KemperSports Management will be present to discuss the FY2013 budget.




Item 5 -           Port Orange Baseball Club – Marc Hazen


The Port Orange Baseball Club is requesting to become a co-sponsored group with the City.


Item 6 -           My City My Pride – Dhilan Patel


Dhilan Patel will be present to speak with Council about the My City My Pride program.

City Manager Comment: Volunteerism is a component of City pride. I have provided an outline of the program for Council review. This is an excellent approach to recruit additional volunteers to be involved with City.


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


This proposed City Cost Participation request from Elijah Newton is a follow- up to his recent presentation to our City Council back in May of this year.  Elijah has recently completed his planning phase and been granted approval of the project by the local Three Rivers District of the Boy Scouts of America and is now in the process of securing donations as well as funds to go forward. He has successfully organized fundraisers to assist him to cover a portion of the total estimated costs estimated at over $1000.00 in total value. 


He has requested that the City assist him in paying for a small portion of the total project costs ($252.00) for the 20 bird houses; 10 Eastern Blue Birds and 10 Wood Duck Boxes at this time. His original request letter and his cost estimate for a portion of the actual materials required have been attached for your consideration.  Elijah now plans to complete this project later this fall utilizing all volunteer labor.


If Council desires to assist with this project, which would be located on the wellfield property and provide a benefit to the City wildlife management program, funds are available in Project, # UCP 001 to assist him in reimbursement of these construction material costs. 


Project No.: UCP001                              Funding Account No.: 405-0400-535-6397


D.   CITIZEN PARTICIPATION (Non-Agenda- 15 minutes)




Item 8 -           Board Appointments

a.    Planning Commission




·         Extension of time for negotiations/RFP #12-2




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


The City of Port Orange has been identified to receive $262,942 for its FY 2012 CDBG allocation.  In order to receive these federal funds, the City must submit an Annual Action Plan for FY 2012.   Consistent with the City’s Five (5) Year CDBG Consolidated Plan approved by HUD last year, staff is proposing that the City’s FY 2012 CDBG allocation be expended on Public Infrastructure/Facility Improvements - Safe Routes to School Sidewalks ($210,354) and CDBG Planning & Administration ($52,588).  The sidewalk project is a continuation of the project currently being funded out of FY 2010 and FY 2011 CDBG funds. Over two (2) miles of sidewalks are targeted for design, permitting and construction. The latter item includes a required update to the City’s 2008 Analysis of Impediments to Fair Housing.  Federal requirements mandate that this plan be updated at least once every five (5) years in order to continue to receive CDBG funds. 

The proposed FY 2012 CDBG Annual Action Plan has been made available for public comment through the City’s CDBG webpage, and opportunity for public comment has been advertised in the Daytona News Journal in compliance with the City’s Citizen Participation Plan.

Staff recommends approval of the FY 2012 CDBG Annual Action Plan, and to authorize staff to submit this plan to the U.S. Department of Housing and Urban Development.




Item 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


Attached are the City Council meeting minutes from recently held meetings. Should you have questions, please feel free to contact Robin or me.


Item 11 -        Construction Activity Report


Attached is the update on construction projects from Quentin L. Hampton Associates, Inc.  Staff recommends acceptance of the report.


Item 12 -        Parks & Recreation Project Updates


Attached is the update on parks and recreation projects. Should you have any questions, please feel free to contact Susan Lovallo or me.


Item 13 -        Environmental Advisory Board Report


Attached is the quarterly report from the Environmental Advisory Board. Should you have any questions, please feel free to contact Margaret Momberger or me.


City Manager Comments: It may be necessary to remove this item from the consent agenda in order to allow a member of the Environmental Advisory Board to make a presentation to the City Council. We will let City Council know if a member of the EAB will be present to report to the City Council.




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


At its March 22, 2012 meeting, the Planning Commission recommended approval, 6-0, of an amendment to the Future Land Use (FLU) Map of the City of Port Orange Comprehensive Plan. This map amendment is to change the FLU designation of approximately 9.9 acres, located at 4116 S. Nova Road, from Conservation to Warehouse/Industrial. The amendment is being processed pursuant to the November 2011 Settlement Agreement. If approved, the owner intends to rezone the property to a category consistent with the FLU.


Staff recommends adoption of Ordinance No. 2012-8 amending the Future Land Use Map of the City of Port Orange, as recommended by the Planning Commission, and pursuant to the November 2011 Settlement Agreement with Summit Golf Academy Inc. and Timothy G. Peightal.


City Manager Comments: This item is to remain on the table until the applicant is ready to proceed or 90 days runs.


J.    FINANCE (John Shelley)


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


In January 2012, City Council agreed with Staff’s recommendation to maintain current energy fee rates, instead of implementing the rates calculated by our engineers QLH, since the calculated rates generated the nominal amount of about $100 per month over the next 6 months.

After a recent review by the City’s engineers in April 2012, the calculated energy fees are $0.58 cents per thousand gallons for water, $0.72 cents per thousand gallons for sewer and $0.15 cents per thousand gallons for reclaimed compared to the actual existing rates of $0.57, $0.74 and $0.15, respectively.  These calculated rates would represent a $0.01 cent increase per thousand gallons for water and a $0.02 cents decrease per thousand gallons for sewer.  Reclaim would remain unchanged.

If the calculated rates are implemented, the estimated net decrease in revenue for the City would be approximately $6,134 for the 6 month period beginning July 2012 or a monthly decrease of $1,022 or an estimated average decrease of $0.038 cents per customer per month. Should you have any questions pertaining to the attached analysis, John Shelley will be available.  The Finance Department has notified all utility customers of the proposed rate change. Staff recommends approval of Resolution No. 12 – 34

City Manager Comments: The adoption of the Rate Resolution will provide an overall reduction in rates based upon the energy charges. This is consistent with the adoption and implementation of the energy charge. As you know, energy charges are reviewed every 6 months with a report and recommendation being provided to the City Council on adjusting the energy component of the water and sewer rates. This allows for an orderly rate structure rather than an overall rate increase when energy charges increase rapidly as they have done in the past.


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

The Capital Improvement Program (CIP) is a spending plan for capital projects for FY13 through FY18.  This plan is reviewed and adopted each year and the FY13 projects will become part of the proposed FY13 Capital Budget.

Staff recommends approval of Resolution No. 12 – 34.

City Manager Comments: The City Council reviewed the Capital Improvement Program at its last meeting. The CIP has been advertised and is ready for City Council action.



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


The current City of Port Orange seal has been used by Staff since 1989 but was never officially adopted by City Council.  It has been the past practice of the organization to use the city seal in the operations of the city or as otherwise authorized by the city council.  State law permits the city to recognize the city seal by ordinance and to regulate its use.  The ordinance will clarify the proper and approved usage of the City’s Seal.


Staff recommends Council adopt the City’s seal pursuant to the provisions included in the attached Ordinance.


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


On April 17, 2012, the Community Redevelopment Agency for Port Orange Town Center (CRA) and the City of Port Orange City Council authorized negotiations with the sole respondents to RFP #12-2; Port Orange Riverwalk LLC & LLP and Halifax River Partners, LLC.  RFP #12-2 pertains to the donation, sale, buying, exchanging, leasing or otherwise transferring real property with the City and CRA in furtherance of the redevelopment objectives for the area within Town Center designated as the Riverwalk Redevelopment Project Area.  RFP #12-2 provides for negotiation of a contract within 120 days after the proposers are selected by the City Council and CRA.   The 120 day period expires on August 15, 2012.  

Staff recommends an extension of the negotiation period until December 1, 2012.         

Item 19 -        Discussion and direction for Doris Leeper/Spruce Creek Preserve


Doris Leeper/Spruce Creek Preserve presentation

Direction is being sought from the Council regarding the policy issues in the attached outline related to the implementation of the Management Plan for the Spruce Creek Preserve.    Also, on July 31, 2012, the County of Volusia provided the City with a copy of a Draft Buffer Plan for the 170 acres of the Martin’s Dairy tract of the Doris Leeper Spruce Creek Preserve.  The modified buffer plan attempts to provide a balance between the needed scrub restoration and the recreational users of the property.   The County’s draft buffer plan has been transmitted to the Florida Department of Environmental Protection (DEP) for review and approval.  The City has the opportunity to provide comments on the proposed draft plan to both the County and DEP.   Excerpts from the 2010 DLSCP Management Plan, as presented to the Volusia County Council on July 26th, are also attached for reference.


Item 20 -        City Manager Job Announcement


At the last City Council Meeting, you were provided the job announcement for the City Manager position.  The job announcement that was provided to you will be on the City's website.  It will be provided to several organizations for publication.  Does the City Council want to place a salary range in the job announcement?  Does the City Council desire to change anything in the announcement?  If so, what? 


Dick Kelton is ready to place the job ad as soon as the City Council approves.


Staff recommends Council accept the job announcement and authorize the advertisement for the position of City Manager.




Item 21 -        Comments/Concerns from Council Members


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