To:                   Mayor Allen Green

Vice Mayor Robert 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

November 13, 2012


Date:               November 7, 2012





Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call




·         License Agreement for Christmas Tree Sales Lot




Item 4 -           Environmental Advisory Board Quarterly Report


Jim Meadows will provide Council with the quarterly report from the Environmental Advisory Board.


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




Item 5 -           Approval of Minutes


a.    October 17, 2012 –Special City Council Meeting

b.    October 30, 2012 – Special City Council Meeting


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


Item 6 -           Staff Reports - Building Activity Report and Monthly Development Activity Report for October, 2012


Attached is the Project Managers’ Report. If you have questions, please contact any of the Project Managers or me


Item 7 -           Utility Bill Printing Services Contract with Pinnacle Data Systems


Currently, the City is contracting with Pride to provide utility bill printing and mailing services. The City has experienced a myriad of problems with this vendor and has looked at other alternatives. The Okaloosa Gas District recently awarded a contract with Pinnacle Data Systems for utility bill printing and mailing services, RFP-CS2012-01.  The cities of Ormond Beach and Edgewater are also using this vendor and have been extremely pleased with their performance and product.  Pinnacle Data Systems is familiar with the HTE software platform that Port Orange uses and is capable of beginning implementation upon award.  They have agreed to extend the same pricing, terms and conditions included in the Okaloosa Gas District contract to the City of Port Orange.  The recommended contract award is based upon annual mailings of 264,000 regular bills and 48,000 late notices at $0.09 each, plus postage in the amount of $0.35 per piece. Funds are available in 401-0100-536-52-15 (postage) and 401-0100-536-31-13 (professional services).

Staff recommends approving a wrap-around agreement in the amount of $137,280 with Pinnacle Data Systems for utility bill printing and mailing services, consistent with Okaloosa Gas District RFP-CS20122-01, and authorizing the Mayor and City Manager to execute all necessary documents.

Item 8 -           Electrical Services Contract Addendum #2 with Economy Electric and Purchase Order Work Authorization


The City of Port Orange would like to continue to work with Economy Electric to provide a myriad of electrical services related to the continued operation and maintenance of our existing city’s utility infrastructure.


The proposed contract Addendum #2 includes electrical work required to keep electrical components functioning that are directly related to our public utility infrastructure. All of these future work efforts will help us to ensure that we will continue to provide safe reliable utility services to all of our utility customers throughout the coming years.


This current work authorization (Addendum #2) will provide replacement electrical panels and related electrical work in conjunction with our annual R & R Lift Station Replacement Project, as well as additional electrical items that will be required in the future at our potable water wells and reclaimed and potable water plants. We are in the process of planning the replacement of approximately 6 remote pumping stations where we will utilize Economy Electric to rehabilitate and replace needed electrical components for each of them. This particular work item is currently estimated to be $37,750. These 6 wastewater pumping stations are dispersed throughout our vast service area boundaries.  Based upon our historic use, an additional $15,000 is anticipated rehabilitation and repair work at various locations throughout the year.


With the current contract amount of $35,120, the additional $52,750 for addendum #2 will revise the total contract amount to $87,870.

Funding is currently available in our R & R Lift Station capital improvement project and the equipment maintenance operating account.


Project No.: SLS002            Account No: 40304015356397  &  40106005364610


Staff recommends approving Addendum #2 to the existing contract, and to authorize Economy Electric in accordance with the attached to perform additional required electrical services on our existing utility systems in the amount of $52,750, and to authorize the Mayor and City Manager to sign all required contract documents


Item 9 -           Change Order #1 to the Barney’s Pumps Inc. Contract for Pump Repair Service to the East Master Lift Station at the Reclaimed Water Treatment Plant


Currently we have 5 master pumps in place that share in the pumping rotation of all of the sewage; approximately 6.0 MGD into the headworks of the Reclaimed Water Plant.  Two of these pumps are located in the West Master Pump Station, and three in the East Master Lift Station. In order to insure proper redundancy to these critical pieces of equipment they are rehabilitated periodically on a defined set schedule.  The three existing pumps at the East Master Lift Station are scheduled for their normal rehabilitation to extend their useful life and to insure that they continue to operate in reliable fashion at a continuous high efficiency rate. 


Barney’s Pumps Inc. has provided highly reliable and dependable service under our agreements with them for many years. Staff has determined that the price quote attached is a fair price for the work involved. Change Order #1 increases the existing contract, which is in the amount of $19,000, by $38,250 resulting in a the new total contract amount of $57,250. This work has been planned for this fiscal year in accordance with the approved 5 Year Capital Improvement Plan. We request your approval of this additional work. Funds are currently budgeted and available in our Sewer Plant Replacement Project.       


Project No.:  SSP 002           Funding Account No.: 403-0400-535-6397


Staff recommends approving Change Order #1, to our existing contract with Barney’s Pumps Inc. in the amount of $38,250 for pump rehabilitation / pump repair work at the RWP East Master Lift Station, and to authorize the Mayor and City Manager to sign all required documents on behalf of the City.    


Item 10 -        Purchase of Replacement (5) Lift Stations from Smith & Loveless, Inc.


A portion of the continuing maintenance program, for the Public Utilities Department is the annual replacement of sewage lift stations. We currently have approximately 108 lift stations of the Smith Loveless type to maintain within our utility system.  Their typical useful life ranges normally between 15 - 25 years. 


We have identified five experienced lift stations; Summer Trees  (#24), Westport Square (#31), Sweetwater Hills (#37), Falcon Crest (#65), and Oakland Park (#69) that have now exceeded their useful life. They are now all in need of replacement at this time. These five lift stations are all currently ranging between 18 and 27 years of age. At project completion with these (5) replacement lift stations installed, there will remain approximately 11 of the 108 lift stations currently in service that are 15 years of age or older. These 5 replacement lift stations will be installed by our Public Utilities Department Field Operations and Maintenance Staff working cooperatively.  By their working together we will continue to save the City significant dollars in installation costs and therefore accomplish more with less.


These highly reliable and easily maintained lift stations have been the City standard for over 30 years.  The City currently has a five-year agreement with Sanders Company which sets  contract prices for Smith and Loveless lift stations and includes an escalation factor controlled by a Federal Producer Price Index Number for this type of equipment.  This agreement has allowed us to control costs for over ten years.  A price quote has recently been provided based on our existing agreement with them. Because of the benefit of standardizing all of the lift stations from a maintenance, training and cost standpoint, staff is recommending waiving the standard bidding requirements as provided in Section 2-267 of the City’s Purchasing Policy.


This project has been approved within the FY 2012-2013 Capital Improvement Program. Funds are currently available in the R & R Lift Station Project in accordance with the approved 5 Year Capital Improvement Plan. We therefore request your approval of this purchase at this time.


Funds for design are currently budgeted and available in our R & R Lift Stations Replacement Project. 


Project No.:  SLS 002          Funding Account No.:  40304015356397


Staff recommends waiving the standard bidding requirements and authorizing the purchase of five replacement lift stations with Smith and Loveless, Inc. in the amount of $177,252 and authorizing the Mayor and City Manager to sign all required documents on behalf of the City.  


Item 11 -        Large Meter Replacement Bid Award - Bid #12-50 to Danus Utilities Inc.   


During the reconstruction of water lines along Atlantic Avenue within the past few years, Public Utilities Staff has recognized the need to replace several large water meters along this corridor and other meters throughout our expanding service area. Some of these replacement meters will be installed by in-house forces. Those that are currently installed underground in concrete vaults, are difficult to replace, and involve extensive time and equipment will be installed by the private utility contractor. 

Meters in general that are old and worn out, which do not operate properly, are inconsistent in their metering of water flow and create lost revenue. Existing staffing has not allowed us to get this work done in a reasonable amount of time; however, the sooner these meters are replaced the sooner this lost revenue can reduced if not eliminated.

The proposed contract, design plans, and specifications have been prepared by in-house City staff. Bids were recently advertised and publicly opened on Oct. 25.  Of the four bids submitted three were determined to be responsive with Danus Utilities Inc. being determined to be the lowest responsive bidder. We are familiar with this local company and are confident that this company can complete this first phase of the contract successfully in a timely manner.  We therefore request your approval of entering into this contract and authorizing the replacement of this first grouping of large meters at this time.  

Funds are currently available in the Large Meter Replacement Project for this specific purpose as approved under our 5 Year Capital Improvement Plan.

Project  # MMM 101,      Account  # 42108005336397

Staff recommends awarding the Large Meter Replacement Bid # 12-50 to Danus Utilities Inc. and authorizing the first phase of work for the replacement of approximately forty large water meters along South Atlantic Avenue in the amount of $ 144,162.00, and to authorize the Mayor and City Manager to sign all required contract documents.  

Item 12 -        Acceptance of Settlement in the case of Coleen Benson vs. City of Port Orange


As a result of injury sustained on November 11, 2011 relating to an automobile accident, the parties recommend a settlement and the release of all claims against the City for payment of $20,000.


Staff recommends authorizing the settlement of the Coleen Benson vs. City of Port Orange, Case No. 2012-31634 CICI, subject to receipt of a full and complete release of the City.



Item 13 -        Purchase Sensus Flex Net Metro50 Equipment (Metro TGB 50) that will read City Meters and transmit water consumption (Tabled October 16, 2012)


Staff has evaluated the Flex Net Metro50 pole mounted low power base station (Metro TGB 50) specifications from SensusSensus provides the equipment as a sole source vendor, in order to enhance a low signal area of our meter reading system.


The cost of the equipment is $25,196 and does not include installation. Staff recommends approval. 


The labor component of the base station installation is approximately $1,971and will be performed by another vendor.  Per the Building Official, all permitting will be included with the installation of the City pole.


Funding Account No: 401-0300-536-6400


Staff recommends approve of the purchase of the Sensus Flex Net Metro50 Base Station (Metro TGB 50) for $25,196.


City Manager Comments: This is not meters.  This is for an antenna to be placed on the tower that will be installed at Fire Station 75.  This should strengthen the signal for the automated meters in this general area.  We have the flex net system on other towers in Port Orange.  


G.   FINANCE (Stella Gurnee)


Item 14 -        Resolution No. 12-73 – FY2013 Budget Appropriation for Grant, Engagement, and other various budget review items


On September 25, 2012 City Council approved the acceptance of a Florida Department of Transportation grant funding for the E-Ticket Hardware project. On October 30, 2012 City Council approved the engagement with Moore Stephens Lovelace, P.A. City staff continues to work on utility billing and systems reviews additional resources have been identified. In addition various City Staff have been temporarily reassigned and additional temporary resources added to handle the audit review and correction of the utility billing functions.

The attached budget resolution provides for the recognition of the budget changes recommended to address the items noted above.

Staff recommends approval of the attached Resolution. 

Item 15 -        Resolution No. 12-74 – FY2012 Final Budget Execution Review


The City Staff has completed a review of the fiscal year September 30, 2012 budget execution. The attached budget resolution provides for the recognition of the budget changes recommended from this review.

Staff recommends approval of the attached Resolution. 


Item 16 -        Resolution No. 12-75 – FY2013 Budget Encumbrance & Project Carryover


At the City’s fiscal year ending September 30, 2012, budget appropriations lapse.  The attached Resolution re-establishes these appropriations for funding the open purchase orders and projects that were either not completed or started by the fiscal year end.  These carryover appropriations re-establish proper budget project funding and budgetary alignment of projects in fiscal year 2013.  The operating funds have the required equity balances after appropriation of this resolution.

Staff recommends approval of the attached Resolution. 



Item 17 -        Second Reading – Ordinance No. 2012-24 – 12-1 Comprehensive Plan Amendments/George Copp Case no. 12-20000002


On July 26, the Planning Commission recommended approval, 5-0, and on August 28, the City Council approved the transmittal of the 12-1 Large-Scale Comprehensive Plan Amendment Package to the state and local review agencies. The review process is now complete and none of the agencies objected to the proposed future land use amendments.


The amendments include a request to change the Future Land Use (FLU) designation of approximately 16 acres of land from Volusia County Rural to City of Port Orange Rural Transition (0-2 units/acre) with a text amendment to limit the density of the subject property to one unit per acre.


The subject property was annexed into the City of Port Orange in June 2012. The next step in the process is to change the FLU designation of the property from Volusia County to a City designation. The proposed amendment is a request to change the FLU to the City equivalent of the current Volusia County FLU designation, with no increase in allowable density. The staff report for this item is attached.


Staff recommends adoption of Ordinance No. 2012-24, amending the City’s Comprehensive Plan for Case No. 12-20000002, and authorizing Staff to send the adopted amendments to the required state agencies for final review.


Item 18 -       First Reading (Re-Read) – Ordinance No. 2012-25 – LDC Amendments/Chapter 17, PC-A Zoning District, Case No. 12-25000006


Planning Commission recommended approval (7-0).


The proposed amendment would add multifamily dwellings at a maximum of 16 units per acre as a permitted use in the Planned Community-Agriculture (PC-A) Workplace District. Currently, only commercial and industrial uses are permitted in the Workplace District. The applicant has included the following limitations to the multifamily use to ensure the district remains primarily an area for commercial development.


  1. Multifamily developments could only be developed on 10% of the total acreage of the Workplace District. 
  2. Multifamily developments would have to be located within ˝ mile of a commercial development or commercially zoned land that could provide services such as: grocery, entertainment, food, and retail for those living in the multifamily development.


The density and type of residential proposed, limitation on the number of multifamily units allowed in the Workplace District, as well as the locational criterion are consistent with and further promote the Planned Community goal of creating a mixed-used area that minimizes automobile trips by:


  1. Allowing multifamily developments within walking and biking distance of employment and shopping centers,
  2. Providing an opportunity for multifamily development to be a transitional use between the commercial and industrial uses allowed in the PC-A Workplace District and the single-family subdivisions on the west side of Williamson Blvd., and
  3. Further encouraging the development of additional employment and shopping centers within the Workplace District by allowing for a small percentage of the area to be developed with multifamily development, creating more housing options for customers and employees of these centers.


Staff recommends adoption of Ordinance No. 2012-25, amending Chapter 17 of the Land Development Code (LDC), as recommended by the Planning Commission.          



City Manager Comments: A meeting was held at Villages of Royal Palm with the residents in order to receive comments from them.  Some of the residents have meetings scheduled to meet with the developer related to their immediate concerns.  Also, it is my understanding that the developer will be submitting some changes for City Council consideration based upon the Monday meeting and the meetings with residents.  Some of the items that we heard at the meeting:


1.    Some of the residents voiced their opposition to multi-family housing being located adjacent to existing single family homes. 

2.    Some residents were concerned about the buffer between the multi-family project and the single family project.  There was discussion about chain link fencing, landscaping, berms, and other items. 

3.    Some residents were concerned about traffic issues and their ability to turn left off of the main entrance.  A signal is under design for South Williamson and Town West Boulevard.  Although initially it will be emergency activated, a some point it will become a full activated signal. 

4.    Some residents were concerned about the height of the buildings adjacent to their single family homes.  They wanted additional distance from the property line.  It was pointed out that the developer is proposing a larger distance between property line and the buildings than would be required for the commercial development.


Item 19 -        Second Reading – Ordinance No. 2012-26 – Ordinance Rezoning and Approving a Master Development Agreement & Conceptual Development Plan/Catfish Commons PCD


At its September 27, 2012 meeting, the Planning Commission recommended approval of the request to rezone +/- 1.52 acres, located at 4085 Ridgewood Avenue and 4108 Halifax Drive, from “RD” (Ridgewood Development) and “NP” (Neighborhood Preservation) to “PCD” (Planned Commercial Development). If the rezoning request is approved, the MDA and CDP will provide the regulatory framework for the development of a multi-use commercial project.


Staff recommends approval of Ordinance No. 2012-26 rezoning +/- 1.52 acres from “RD” (Ridgewood Development) and “NP” (Neighborhood Preservation) to “PCD” (Planned Commercial Development) and approval of the Master Development Agreement (MDA) and the Conceptual Development Plan (CDP) dated October 1st, 2012, as recommended by the Planning Commission.


Item 20 -        Second Reading – Ordinance No. 2012-27 – Land Development Code Text Amendments/Chapters 2 and 17, Case no. 12-25000005


At its September 27, 2012 meeting, the Planning Commission recommended approval of the request to amend Chapters 2 and 17 of the Land Development Code to revise the definition of “master development agreement” and to add language to allow any property owner within the Planned Community Riverwalk (PC-R) zoning district to submit an application for approval of a Master Development Agreement (MDA) and Conceptual Development Plan (CDP) for a defined area within the PC-R zoning district. The proposed MDA and CDP would require recommendations from the Planning Commission and the Port Orange Town Center Community Redevelopment Agency and a City Council decision to approve or deny the proposed MDA and CDP.


This proposed application and approval process for a MDA and CDP within the PC-R district would function similar to the MDAs and CDPs associated with Planned Commercial Development (PCD) and Planned Unit Development (PUD) zoning that has been common practice in Port Orange for the past couple decades.


Staff recommends adoption of Ordinance No. 2012 - 27, amending Chapters 2 and 17 of the Land Development Code, as recommended by the Planning Commission.


Item 21 -        Second Reading – Ordinance No. 2012-28 – Code of Ordinances Text Amendment/Chapter 82, Case No. 12-25000005


At its September 27, 2012 meeting, the Planning Commission recommended approval of the request to amend Chapter 82 of the Code of Ordinances to remove language prohibiting a business being conducted on a watercraft docked in any publicly dedicated waterway in the city.


If the amendment is approved, the requirement in Chapter 9, Article III, Section 29(b) of the LDC would still prohibit the use of a watercraft docked on a waterway as a business unless a Master Development Agreement is approved by the City Council or a variance is approved by the Planning Commission. The Land Development Code (LDC) is a chapter of the Code of Ordinances; therefore, the requirement would still be in the Code.


Staff recommends adoption of Ordinance No. 2012-28, amending Chapter 82 of the Code of Ordinances, as recommended by the Planning Commission.


Item 22 -        Second Reading – Ordinance No. 2012-29 – Ordinance Approving a Master Development Agreement & Conceptual Development Plan/Riverwalk Marina & Riverboat, Case No. 12-45000001


At its September 27, 2012 meeting, the Planning Commission recommended approval of the MDA and CDP that will modify the adopted Planned Community-Riverwalk (PC-R) Macro Plan, establish the boundary of the “Project Area Property”, and provide the regulatory framework for the development of a 38-slip marina, a marina support building with a restaurant, a riverboat restaurant, and parking. The proposed MDA and CDP regulations will only apply to the “Project Area Property” and no other parts of the PC-R zoning district. The “Project Area Property” is +/- 4.79 acres and located on the east and west side of Halifax Drive, south of Ocean Avenue.


Staff recommends adoption of Ordinance No. 2012-29, approving the Master Development Agreement (MDA) and the Conceptual Development Plan (CDP) dated October 2nd, 2012, as recommended by the Planning Commission.


City Manager Comments:   In September, the concept of the Marina, restaurant, and parking lot was discussed in a joint meeting with the Town Center CRA and the City Council.  There was much discussion at that meeting on the location of the parking lots.  One of the parking lots is on the east side of Halifax Drive and the other parking lot is on the west side of Halifax Drive.  The second policy question relates to payment for the parking lot itself.  The MDA has the parking lots being paid for by the developer.  The parking lots are available for use by the public as well as individuals going to the restaurant and the marina.  What was not clear from the discussion is whether the parking lot construction on the east side of Halifax Drive would be eligible for reimbursement.  The way the MDA , the developer would pay for the improvements and would not be reimbursed when and if the City purchased the property and elected to move the parking lot.  The eastern parking lot is needed to meet the parking requirements for the restaurant and marina.  The City will need a public easement over the parking lot to be sure that the public can use the parking lot should a property trade/exchange not be completed.   


Item 23 -        First Reading – Ordinance No. 2012-16 – LDC Amendments/Subdivision and Site Plan Regulations, Chapters 2, 3, 5, 6, 7, 9, 10, 13, 16, and 17, Case no. 12-25000004 (Continued from October 23, 2012)


The proposed amendments in this package are intended to improve the content of the existing code, as part of the on-going Land Development Code (LDC) maintenance effort. The proposed code improvements include two categories: 1) clarifications and minor changes and 2) code improvements. The first category consists of clarifications and minor changes that are simple clean-up items that make the code more efficient to use. The code improvements section includes changes to the content of the existing code that are intended to address problems or issues encountered when applying the code to actual developments.


Clarifications and Minor Changes

1)         Consolidate procedural requirements for development review into one chapter

2)         Remove the preliminary plat process

3)         Clarify the subdivision plat exemptions and minor subdivision procedures

4)         Model Home site parking lots


Code Improvements

1)         Residential subdivision perimeter fence, wall or berm

2)         Three foot setback for fences and walls between commercial residential developments

3)         Commercial cross-access easements

4)         Provide defensible spaces in wildland-urban interface areas


Staff recommends adoption of Ordinance No. 2012-16, amending Chapters 2, 3, 5, 6, 7, 9, 10, 13, 16 and 17 of the Land Development Code (LDC), as recommended by the Planning Commission.      


Item 24 -        First Reading – Ordinance No. 2012-30 – 2012 Capital Improvements Element (CIE) Annual Update/Adoption Case no. 12-27500001


On October 25, 2012, the Planning Commission recommended approval to adopt the 2012 Capital Improvements Element Annual Update. 


Every year local governments are required to update their Capital Improvements Element (CIE), including the Five-Year Schedule of Capital Improvements (Schedule). The purpose of the CIE and the Schedule is to identify the capital improvements needed to implement the Comprehensive Plan and ensure the adopted level-of-service standards are achieved and maintained for concurrency-related facilities. These facilities include water, sewer, stormwater, solid waste, roads, parks, and schools.


The amendments to the CIE include the updated Schedule and other text amendments to update data related to the Schedule and other statutorily required information, such as excerpts from the Transportation Planning Organization’s (TPO) Transportation Improvements Program (TIP) and the Volusia County School District Five-Year Work Program.


All of the required public facilities meet the City’s adopted level of service standards. Therefore, these proposed amendments to the CIE primarily include improvements that will help maintain the level of service standards into the future.


Staff recommends adoption of Ordinance No. 2012-30, amending the Capital Improvements Element of the City’s Comprehensive Plan, in accordance with Florida Statutes.


Item 25 -        First Reading - Ordinance No. 2012-31 - Rezoning/Former Port Orange Six Theater From PCD to CC, 3780 Nova Road, Case No. 12-60000002


At the October 25, 2012 meeting, the Planning Commission recommended approval, 6-0, to rezone ±4.97 acres, located at 3780 Nova Road, from “PCD” (Planned Commercial Development) to “CC” (Community Commercial). 

The subject property is currently zoned PCD but it does not have an adopted Master Development Agreement (MDA) and Conceptual Development Plan (CDP) to provide specific development requirements. The property is one of six properties throughout the City formerly zoned “C-1” (Shopping Center) that were rezoned to PCD with the adoption of the City’s 1985 Zoning Code (Ordinance No. 1985-7). The subject property was the former Port Orange 6 Movie Theater which existed prior to the 1985 zoning change.

The rezoning request is a shift from the negotiated PCD zoning district to a conventional commercial zoning district that uses the Land Development Code (LDC) to provide specific development regulations.

Staff is currently reviewing a site plan for limited upgrades to the landscaping, the irrigation system, the parking lot and utility lines. The property owner also has an active building permit to modify the building façade. These improvements can be made with the existing zoning.  However, the proposed zoning change will need to be completed before staff can approve any modifications to the building footprint or additional buildings for potential future tenants.

Staff recommends adoption of Ordinance No. 2012-31, rezoning ±4.97 acres, located at 3780 Nova Road, from “PCD” (Planned Commercial Development) to “CC” (Community Commercial), as recommended by the Planning Commission.


Item 26 -        Proposed Conditional Use Permit for an Interim Use (Christmas Tree Sales) in the Planned Community – Riverwalk (PC-R) Zoning District – Case no. 12-30000001


At its October 25, 2012 meeting, the Planning Commission recommended approval of the request to allow a Christmas tree sales lot as an interim use in the “PC-R” zoning district (Riverwalk). If the Conditional Use is approved, James Kuespert, the applicant, is proposing to operate a Christmas tree sales lot on property owned by the Community Redevelopment Agency of Port Orange Town Center (CRA) from November 14 until December 31, 2012.  The applicant is also requesting the conditional use be approved for each Christmas season (Friday before Thanksgiving to December 31) through 2014. The applicant would still be required to renew the License Agreement with the CRA each year.


Staff recommends approval of a Conditional Use to allow a Christmas tree sales lot as an interim use in the “PC-R” zoning district (Riverwalk), as recommended by the Planning Commission. 


I.      ADMINISTRATION (Ken Parker)


Item 27 -        First Reading – Ordinance No. 2012-32 – Amending the Fire Pension Plan to comply with various provisions of the Internal Revenue Code


There are technical changes to bring the Fire Pension Ordinance into compliance with Federal and State regulations.  There are no benefit changes included in this Ordinance.  Jim Linn, the City’s Consulting Pension Attorney, has prepared the Ordinance that is before you.  Mr. Linn was installed by the City to only include items in the Ordinance that were required to bring the Plan into compliance. All benefit changes are subject to negotiations between the two parties. 


Item 28 -        Resolution No. 12-76 – Ratifying City Elections


The attached Resolution ratifies the election results for City Council District 3 for the General Election held on November 6, 2012.


Staff recommends adoption of Resolution No. 12-76.


Item 29 -        Feasibility Study – CDBG Funded Safe Routes to School Sidewalk Construction Project


In February, 2012, City Council approved a contract with Zev Cohen & Associates to conduct a feasibility study for construction of sidewalks to fill existing gaps near Port Orange Elementary School.  Twelve (12) missing links, representing over two and one-half (2 1/2) miles of needed sidewalks, were identified several years ago as part of the Safe Routes to School analysis conducted by the Volusia Transportation Planning Organization (TPO).

A public meeting was held on September 20, 2012 at the Adult Activity Center, 4790 Ridgewood Avenue, to present the preliminary results of the Feasibility Study.   Over five hundred (500) property owners within the study area were direct mailed invitations to this meeting.  Eleven (11) individuals, representing eight (8) properties in the study area, attended this meeting.  Overall, eight (8) individuals, representing seven (7) properties in the study area, provided written comments.  All written comments are included with the materials for this agenda item.  Although objections were expressed by five (5) property owners, the public benefit of sidewalks must be weighed against objections by less than one percent (1%) of the area property owners. 

All proposed sidewalk construction will take place in public right of way.  No easement or right of way acquisition from private property is proposed.   Staff is seeking City Council authorization to move forward on all twelve (12) links.

Project Number:  CDBG02                   Account No. 110-1904-554.63-97 

Staff recommends acceptance of the Feasibility Study for the CDBG funded Safe Routes to School Sidewalk Construction Project prepared by Zev Cohen & Associates dated October 19, 2012, and to authorize staff to proceed with all twelve (12) links south of Port Orange Elementary School.

Item 30 -        Staffing Levels and Fire Services Discussion


The attached memos outline options that are available to City Council regarding staffing levels in the Port Orange Fire and Rescue Department.


City Manager Discussion: This report examines various options related to staffing levels for the Port Orange Fire and Rescue Department.  There has been concerned voiced by Council related to the overtime expenditures associated with the Port Orange Fire and Rescue Department.  Deputy Director Burgman has prepared an analysis of various options related to staffing.  What the report does not evaluate is the risk factor associated with each option. 


Item 31 -        Odyssey Bid Protest Hearing – Palm Coast Co-Op Bid #ITB-PW-U-12-13


The City of Palm Coast released bid ITB-PW-U-12-13 for Chemicals on 7/9/12.  Once the bid tabulation was posted, the City of Port Orange Public Utilities department recommended an award to Odyssey, who was the second low bidder, for the purchase of bleach. Allied, who was the low bidder, filed a protest and this protest was heard by the City Manager on 10/19/12.  After reviewing all of the documentation, the City Manager upheld Allied’s protest and planned to recommend to the City Council that Allied’s bid price be accepted for bleach.  He was to further recommend to Council that Allied Universal’s proposal to guarantee their product with a money back guarantee by accepted.

Odyssey Manufacturing Co. is now protesting the City Manager’s decision and appealing to the City Council to overturn it.

Staff recommends Council either uphold the City Manager’s (CM) decision to recommend an award to low bidder Allied Universal (Allied) for the purchase of liquid sodium hypochlorite (bleach) or to overturn the CM’s decision and award the contract to Odyssey Manufacturing Company (Odyssey) who was the second lowest bidder.

Item 32-         Agreement with Allied Universal Corporation for Liquid Sodium Hypochlorite

If the City Council upholds the City Manager’s determination, then the City Council will need to award the contract to Allied Universal to provide the Liquid Sodium Hypochlorite.  If the City Council overturns the City Manager’s determination and awards the contract to Odyssey, then this item will be withdrawn. 

Item 33 -        Approval of RFP for Audit Services


Attached is the RFP for Audit Services.  The RFP was prepared by the City Attorney with assistance by others.  If the City Council authorizes the RFP, it will be advertised immediately with responses being received by the City of Port Orange in early December.  The City Council has decided it will interview the proposers and rank them.  A Special City Council Meeting will be needed in order to conduct those interviews. 


Item 34 -        Utility Billing and Water Meter Discussion


The spread sheet has been updated.  The draft is attached for your information.  You also received it in your email.  It is posted with the read file and with the documents related to the investigation. 




Item 35 -        Comments/Concerns from Council Members


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