To:                   Mayor Allen Green

Vice Mayor Donald Burnette

Council Member Bob Ford

Council Member Drew Bastian

Council Member Dennis Kennedy


From:              Kenneth W. Parker, City Manager


Subject:          Agenda Commentary for Regular City Council Meeting of

December 11, 2012


Date:               December 5, 2012



The City Council will be hosting a reception for Board and Commission members on Tuesday night at 5:30 p.m. in the Lakeside Center. 




Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call




Item 4 -           Port Orange/South Daytona Chamber of Commerce Quarterly Update


A member of the Port Orange/South Daytona Chamber will be present to provide Council with their quarterly update.


Item 5 -           Lighthouse Loop Half Marathon Success Report


Representatives with the Lighthouse Loop Half Marathon will provide a follow up report for their event.




Item 6 -           Marc & Laura Hazen – Baseball Facility


Marc Hazen has been working with a property owner in Eastport to use one of the vacant buildings for a baseball academy.  This is just to update the City Council on what they are proposing. 


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




Item 7 -           Board Appointments and Interviews

a.    Library Advisory Board – Shirley VanTassel


An appointment to the Library Advisory Board needs to be made. There is one applicant.




Item 8 -           Approval of Minutes


a.    November 13, 2012 – Special City Council Meeting

b.    November 13, 2012 – Regular 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 9 -           Change Order #1 to existing contract with Hazen Construction for Water System Replacement Project


During the past several weeks residents located mid-block on Oriole Avenue, between Egret and Heron in Volusia County, have been calling in to report low water flow and pressure issues at their points of use.  Public Utilities staff determined that the existing 2” water main and its related water services were in need of immediate replacement. This residential street is currently served by a very old 700’ section of 2” waterline and provides water to approximately 20 residential water customers. The City Manager authorized engineering and permitting to commence immediately to have this water system replaced.  Engineering and permitting are now in their final stages.


Public Utilities contacted Hazen Construction, and they have agreed to continue to honor their unit prices with the City for this recently identified additional work under Change Order #1 to their contract. This work totals $61,300 and is budgeted and available in the South Peninsula Sewer Extension Part 2 Project in accordance with the approved 5-Year Capital Improvement Plan.  Because of the condition of the line, staff recommends its immediate replacement.


Project No.:  UET018                     Funding Account No.: 405/421-0800-533-6397

Staff recommends approving Change Order #1 to the contract with Hazen Construction in the amount of $61,300 for water system replacement work on Oriole Avenue and authorizing the Mayor and City Manager to execute all necessary contract documents.


City Manager Comment: This is the Oriole water line project.  The City has an existing water contract with Hazen.  This is using those unit prices.


Item 10 -        Validate authorization of Addendum No. 27 with Quentin L. Hampton Associates, Inc. for Stormwater Utility Atlas & Composite Mapping


It is essential that the Public Works Department begin investing in a multi-year program to move the City’s drainage utility forward. The first step is to convert our existing “paper” maps into digital GIS maps. By involving long-term veteran employees in the creation and validation of the maps, “institutional knowledge” becomes accessible and transferrable to all employees, enhancing goals of succession planning.


Once the maps are created, they will serve multiple purposes. 1st, they become a training tool upon which Emergency Management plans can be documented, identifying critical drainage features and explicitly depicting key locations for staging of pumps. 2nd, the maps will enable GIS to readily quantify the drainage infrastructure (i.e. pipe material and diameter, inlets, manholes, etc.). 3rd, once the detailed drainage assets are quantified, Public Works can then methodically develop drainage maintenance and rehabilitation plans and estimate budgetary needs. 4th, capturing the mandated National Pollutant Discharge Elimination System (NPDES), enabling potential illicit discharges to be more readily tracked. 5th, the maps will become an essential tool for future updates to the City’s Drainage Master Plan, a requirement of the Comprehensive Plan. 6th, once the base mapping product itself is created, maps can be enhanced utilizing GPS technology to establish coordinates on key components. However, none of these benefits can be achieved until we first digitally map our drainage infrastructure.


Project no.: DIP 033             Funding Account No.: 412-1800-541-6397


Staff recommends approving Addendum #27 with Quentin L. Hampton Associates, Inc. for stormwater utility atlas & composite mapping, and authorizing the Mayor and City Manager to sign all required documents on behalf of the City.


City Manager Comment: Mapping is an important element in our stormwater management program. This is an important element in order to develop a good Master Plan for the drainage system. 


Item 11 -       RFSQ #12-36/Construction Inspection Services, Environmental Services and Debris Monitoring Services


RFSQ #12-36 for Construction Inspection, Environmental Services and Debris Monitoring Services was issued on August 3, 2012.   A total of eight (8) firms responded with proposals.   The Proposal Evaluation Committee, consisting of Allen Green, Mayor, Roger Smith, P.E., Interim Public Works Director, Fred Griffith, P.E., Public Utilities Engineer, Mike Anderson, P.E., Community Development Engineer, and Donna Steinebach, Assistant to the City Manager, shortlisted the responding firms and invited four (4) firms for Oral Presentations.  After the Oral Presentations on November 29, 2012, the Committee found that all four (4) firms had particular strengths that could benefit the City through a continuing services contract. 

The Proposal Evaluation Committee unanimously recommends that contract negotiations be authorized with the four (4) firms of: Quentin L. Hampton Associates, Inc., Port Orange; Dredging & Marine Consultants, LLC, Port Orange; Bechtol Engineering and Testing, Inc., DeLand; and Eisman & Russo Consulting Engineers, Jacksonville.

Staff recommends accepting the recommendation of the Proposal Evaluation Committee and to authorize staff to negotiate contracts with the four (4) recommended firms.


Item 12 -        Authorization to Advertise Land Management RFQ for Mitigation Bank, Forestry, and Lake Management Services


Council and staff recently discussed the possibility of moving forestry management services in-house through the use of a part-time no benefit employee.  While the hourly labor costs could be reduced through this mechanism, the City would still have to make separate arrangements for the purchase or lease of several of pieces of heavy equipment and/or vehicles.  Because some of the equipment is specialized and only used a small fraction of the year, it would not be economical to purchase the items as a part of the City’s fleet.  Leasing and other contractual arrangements for the equipment would likely be done with the same individuals interested and qualified for the position or those firms who would otherwise be candidates for professional management services.  Staff does not recommend this arrangement outside of the competitive bidding process as it may not meet the intent of the City’s purchasing or hiring policies.

Because the services are no longer primarily directed at typical “forestry” activities, it is recommended that the City update the request for qualifications to incorporate all land management activities, including reclaimed lake management planning and implementation, wetland mitigation bank monitoring and reporting, gopher tortoise mitigation bank activities, timber sales and plantings, invasive species control, control burning, fire line maintenance, and other related activities and services required as a part of the City’s permit conditions and requirements.  The successful respondent would be required to furnish all necessary equipment and insurance as a part of the agreement.  It is recommended that these services be provided by one professional firm or company that is licensed and certified to perform all of the tasks.  The existing agreement with CPH Engineers expires on February 28, 2013.             


Staff recommends authorizing staff to prepare and advertise a Request for Qualifications (RFQ) for professional land management services including mitigation bank monitoring and reporting, lake management plan development and implementation and forestry management.


Item 13 -        Wrap Around Agreement with Florida N-Viro for Wastewater Residuals Management Services


Residual dewatered bio-solids generated by the treatment of wastewater at the City’s Reclaimed Water Treatment Plant. Through this agreement, Florida N-Viro would assume all responsibility for transportation, treatment, disposal of the bio-solids at the point in which they are delivered into their hauling equipment. The Contractor must process the bio-solids to meet the requirements of all state and federal standards at their Bio-solids Management Facility (BMF) located at the Volusia County Landfill. 

The City of Palm Coast competitively bid these services in ITB-PW-U-10-12 and the Contractor has agreed to allow the City to piggyback the contract under the same term and conditions; however, the Contractor has also agreed to discount the price by $9.00 per ton for the City due to its close proximity to the landfill.  The City has utilized Florida N-Viro in the past and has been please with their performance.  Staff anticipates generating up to 8,500 tons and has budgeted $320,000 for this purpose.


Funding Account No.: 401-0400-535.34-11


Staff recommends approving a wraparound agreement with Florida N-Viro, L.P. for wastewater residuals management services in the amount of $320,000 for the wastewater treatment plan and authorizing the Mayor and City Manager to execute all required contract documents as approved by the City Attorney.


Item 14 -        Sungard HTE annual software & Technical support maintenance


This the annual software and technical support maintenance agreement we purchase from Sungard HTE for support of the twenty nine (29) software modules the City currently uses throughout all departments including archived Public Safety operations. This support contract also entitles the City to any new enhancements or upgrades the vendor may make available. This agreement is $4077.80 less than last year although the amount of modules has increased. Each module is budgeted in account #50107005194636


Staff recommends purchase of annual support and maintenance agreement with Sungard HTE at a cost of $97,922.20.


Item 15 -        First Amendment to the Contract for Professional Engineering Services for Site Development with Kimley-Horn and Associates, Inc. for the design modification and construction administration of the Town West Blvd. and Williamson Blvd. traffic signal


The scope of work contained in the First Amendment provides final engineering design and construction administration for an emergency signal to be constructed at the intersection of Town West Boulevard and Williamson Boulevard.   The Volusia County Traffic Engineering office completed a signal warrant analysis for this intersection in March 2012. The analysis indicated that a signal is not warranted for this intersection. A revised study indicated only an emergency signal is warranted. The previous design prepared in 2009 will be modified for an emergency signal with related features.

Funds are budgeted and available for this purpose.

Project No.:                POL021         Funding Account No.:       306-4300-541-63-97


Staff recommends approving the First Amendment to the Contract for Professional Engineering Services for Site Development with Kimley-Horn and Associates, Inc. in the amount of $24,969.14, and authorizing the Mayor and City Manager to execute the Contract Amendment.


City Manager Comments: The City original design completed in 2009 was compliant with the County’s plan for South Williamson Boulevard.  However, the County has requested that the design be revised to accommodate the expansion of South Williamson Boulevard.  This is the same requirement that occurred at Hockey and South Williamson when the traffic signal for Raydon was installed. 


Item 16 -        Eighth Amendment to the Contract for Professional Engineering Services for Site Development with Zev Cohen & Associates for the design, permitting, bidding and construction administration of the Southwinds Drive sidewalk from Tradewinds Land to Southwinds Blvd.


The scope of work contained in the Eighth Amendment provides final engineering design, permitting, bidding and construction administration for the installation of a segment of sidewalk located on the east side of the commercial area along and fronting the Southwinds residential subdivision.  With the proposed design and construction of the sidewalk, connectivity will be provided behind the complex to facilitate pedestrian access to these businesses without having to travel along the busy section of Clyde Morris Blvd.


An additional component of the scope of work is the evaluation of the recurring nuisance flooding that occurs within the localized vicinity of the project.  This evaluation includes surveying of the surrounding area which will help determine potential drainage improvements.  Funds are budgeted and available for this purpose.


Project No.:                OMI025          Funding Account No.:       01-1903-515-63-97 


Staff recommends approving the Eighth Amendment to the Contract for Professional Engineering Services for Site Development with Zev Cohen & Associates, Inc. (ZCA) in the amount of $17,355, and authorizing the Mayor and City Manager to execute the Contract Amendment.


City Manager Comment: There is a missing segment of sidewalk in Southwinds behind the commercial properties.  This project would design the sidewalk and provide the construction management services for the project. 


Item 17 -        2012 Concurrency Management Report


On November 15, 2012, the Planning Commission recommended to accept the 2012 Concurrency Management Report as presented by Staff.

Concurrency is the finding that public facilities and services necessary to support a proposed development are available, or will be made available concurrently with the impacts of a development. All Florida municipalities are required to adopt and implement concurrency management systems in accordance with State law. As indicated in the report, the public facilities and services subject to concurrency review are at sufficient levels for FY 2012/2013.


Staff recommends accepting the 2012 Concurrency Management Report, as recommended by the Planning Commission.


Item 18 -        City Attorney’s Quarterly Report


Margaret Roberts has provided her quarterly report.


Item 19 -        Renewal of Service Contract with Halifax Humane Society


The service contract with Halifax Humane Society provides care, treatment, impound and disposal of animals picked up in the City of Port Orange.  The contract establishes fees charged for impoundment, collection of redemption fee procedures and billing procedures.  There are no fee increases in the contract this year.

Staff recommends renewing the service contract with the Halifax Humane Society for October 1, 2012 through September 30, 2013.




Item 20 -        Purchase Sensus Flex Net Metro50 Equipment (Metro TGB 50) that will read City Meters and transmit water consumption (Tabled on October 16, 2012)


Staff has evaluated the Flex Net Metro50 pole mounted low power base station (Metro TGB 50) specifications from Sensus. Sensus 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 item is ready to be removed from the table and discussed.  We have received data from Neptune about the cost of doing a test with their transmitters and software. 


The City Council has requested certain data in additional to the upgrading the Flex Net System.  There appears to be 3 options available to the City Council:


Option 1:        Change out all of the meters and install a different type of software.  There are about 36,000 meters.  Additionally, there would have to be transmitters, antennas and other items changed out to make the system operational.  This is the highest cost option.  In the interim period while the change out is occurring, the City would still need to update the Flex Net system since the City would still have to use the system during the change out period.  There is concern about the servers because of their age and the capacity of the machines.  The City would not take advantage of the Sensus meter warranties.  One of the disadvantages of this approach is that in 10 years, all the warranties expire at one time and there would be the potential the City having to replace large numbers of the meters or transmitters all at one time.  One way the City could potential mitigate that potential is to set aside money each year into the loan pool, lease fund, or into a separate fund for meter replacement so that in 10 years the funds would be available to change out the meters after the warranty expiration.


Option 2.        The City would not take advantage of the Sensus warranties.  Immediately, the City would change out about 9,000 water meters.  There were 4,600 units that Sensus identified as covered by warranties and about 4400 units that are not covered by warranty.  The City would still have to upgrade the Flex Net software and servers and then run parallel systems with another vendor or use the Flex Net system to read the water meters regardless of vendor.  We know that the Flex Net system will read Sensus meters and Neptune meters.  You have to have the Sensus transmitter in order for the Flex Net system to read the Neptune meter.  The Neptune software will read the Sensus meter but only if it has the Neptune transmitter.   After these initial change outs, you could then replace 3,500 meters per year until the entire system was changed out. 


Option 3.        This is the current approach.  This approach allows Sensus to honor its warranties and replace the product that is covered by warranty.  Second, it would require Sensus to change out the 4,600 units, at no cost to the City, that they have identified as being covered by warranty.  Third, Sensus would contract for the labor to change out the 4,600 units.  Fourth, they would provide discount pricing for the upgrade to the Flex Net software upgrades and servers.  Fifth, they would extend their pricing for meters, transmitters, etc.  Sixth, the City would install about 4400 units that are out of warranty.  The City would be responsible for the labor related to the approximately 4400 units as well as the cost of the replacement meter, transmitters, etc.  Sensus has indicated that they believe that they could obtain a better pricing related to installation if the City allowed them to tell the contractor that the City wanted to contract for labor to replace approximately 4400 units at the same time.  The City has approximately 2500 Neptune meters in stock.  I know that we are replacing meters right now as failures are identified.  Under this option, it is contemplated that there would two installation contracts, one that would be executed by Sensus and one that would be executed by the City to install meters provided by the City of Port Orange to replace the 4400 units that are out of warranty.  The City would then begin replacing 3,500 units per year.  This approach would allow the City to evaluate and test Neptune software and transmitters.  We know that we would have to have more antennas because their transmitters transmit a lower wattage therefore requiring more towers.  We would evaluate whether small telemetry towers located at lift stations could be used to transmit meter data back to our computers.  This is the lowest cost option since it allows the City to maximize warranty and at the same time begin an orderly change out of meters using another manufacturer.  Also, it allows the City to fully evaluate how many transmitters and location of transmitters for a new manufacturer’s software.  If you use Sensus software, it only understands the data transmitted from the Sensus transmitter that is attached to the meter register.  The meter and register can be from another meter company.  If you use Neptune software, you have to have a Neptune transmitter connected to the meter register.  The meter and register can be from another meter manufacturer. 


H.   FINANCE (Stella Gurnee)


Item 21 -        Second 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 22 -        Resolution No. 12-77 – Budget Appropriations


On November 26, 2012 the Port Orange Professional Firefighters, IAFF Local 3118 voted in favor of ratifying the Union contract. City Staff has reviewed the estimated budgetary impact of these changes. In addition, in FY2012 City Council approved the appropriation of funds for City Manager search expenses and for accrual payouts. The amount needs to be re-appropriated in FY2013. Finance has reviewed the need for funding of additional staff member.

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.  Please see the attachments for the specific detail.




Item 23 -        Second 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


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 -        Second 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. 2012-34 – Rezoning/Planned Commercial Development (PCD) to Community Commercial (CC), Southeast Corner of Clyde Morris Blvd. and Reed Canal Road, Case no. 12-60000003


At the November 15, 2012 meeting, the Planning Commission recommended approval to rezone approximately 12.2 acres, located at the southeast corner of Clyde Morris Boulevard and Reed Canal Road, from Planned Commercial Development (PCD) to Community Commercial (CC).

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 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 recommends adoption of Ordinance No. 2012-34, rezoning approximately 12.2 acres, located at the southeast corner of Clyde Morris Boulevard and Reed Canal Road, from Planned Commercial Development (PCD) to Community Commercial (CC), as recommended by the Planning Commission.


Item 26 -        Resolution No. 12-78 - Proposed Easement Vacations – Lot 1, Westport Square P.C.D., Phase I Subdivision, Case no. 12-35000003 (Publix)


Staff has received an easement vacation application for a utility easement and a conservation easement on Lot 1 of the WestPort Square P.C.D., Phase I Subdivision development. Zev Cohen and Associates, on behalf of the property owner, made this application in connection with the proposed reconstruction to expand the Publix Supermarket. A replacement easement will be provided for relocated utility lines and replacement tree preservation easements will be provided for existing and replacement trees in the existing platted conservation easement.  The proposed site modifications include minor re-grading of the eastern and southern side slopes of the retention area.  A portion of existing vegetation will be removed to allow for re-grading. New plantings consisting of Pine and Cypress trees, Wax Myrtle and ornamental grasses will be planted in this same area to replace the removed vegetation with no net loss of vegetation. Replacement tree preservation easements will protect the existing and replacement trees, yet allow the continued manicured maintenance and replacement of plant material which is normal practice under the City’s commercial property maintenance program.


The easement vacation application and legal description have been reviewed for completeness and accuracy. The area has been inspected with respect to City codes and possible effects to adjacent properties resulting in no outstanding concerns with the proposed reconstruction of the Publix Supermarket. City departments have reviewed this request and have requested the preparation and recording of separate individual replacement easements prior to the issuance of a certificate of completion for the building expansion.


Staff recommends:


1)  approving alterations within the existing conservation easement pursuant to the landscape and grading plans submitted by the applicant and as summarized in the sketches attached hereto as Exhibits “A” and “B.”

2)  approving Resolution No. 12-78 conditionally vacating a conservation easement and a portion of the utility easement located on Lot 1 of the WestPort Square P.C.D., Phase I Subdivision development.


Item 27 -        Major Special Event Request - Thrive Community Church at Kangaroo Express – 1591 Dunlawton Ave.


Mr. Pete Keirstead, Lead Pastor for Thrive Community Church requests approval of a Major Special Event to be held on December 15, 2012 from 9:00 a.m. to 11:00 a.m., with an alternate date set for January 19, 2013.  Mr. Keirstead is requesting to hold a “gas buy down” event at the Kangaroo Express located at 1591 Dunlawton Avenue.  Kangaroo Express has agreed to lower the price of gas by up to fifty cents a gallon and then be reimbursed by the church for every gallon sold.  Bottled water will be distributed to participants who are waiting in line to purchase the gas.  No temporary structures, vendors or port o lets will be required or have been requested.


Staff recommends approving a Major Special Event Request for Thrive Community Church to hold a “gas buy down event” at the Kangaroo Express located at 1591 Dunlawton Avenue pursuant to the attached special conditions.


Item 28 -        Appeal of Planning Commission Decision for an off-site Sign and Zero Foot Setback Variances/John E. Mealy VFW Post 3282, Case no. 12-90000003


After discussion of the item at the September and October meetings, the Planning Commission approved a modification of the variance requests at the November meeting to allow the off-site sign. The Planning Commission reduced the height of the sign to a maximum of 4 feet and limited the sign area to 7.5 square feet and did not grant the variance to allow a zero setback.

According to LDC Chapter 19, Section 1(f), the Council’s decision to reverse or uphold the Planning Commission’s decision shall be based on the facts of the case presented during the Planning Commission meetings (September, October, and November), the review criteria established for variance requests, and the Commission’s decision on the requested variance. No new evidence may be presented, heard, or discussed. Any new information must be presented as part of a new variance request. Please see the attached appeal request letter from the applicant, minutes from the Planning Commission Meetings, and staff report and update memos.


Charles R. Husbands, representing the John E. Mealy VFW 3282, requested approval of variances from Chapter 15, Section 4 (a)(3)(b) and Chapter 15, Section 3 (b)(18) of the City of Port Orange Land Development Code (LDC), to allow an 22.5 square foot off-site free-standing sign with a zero foot setback from the Williamson Boulevard right-of-way. If the variance requests are approved, the John E. Mealy VFW 3282 located at 5808 Williamson Boulevard is proposing to construct a sign for the VFW on the retention pond tract adjacent to the site where the VFW Post is located.


J.    HUMAN RESOURCES (Rob Zicker)


Item 29 -        First Reading - Ordinance No. 2012-36 – Revision for Fire Pension Ordinance in accordance with 2012-2014 Port Orange Professional Firefighters Association (IAFF) Collective Bargaining Agreement (CBA)


Pension Board Attorney, Jim Linn, has made revisions to the Fire Pension Ordinance in accordance with the 2012-2014 IAFF CBA.


Staff recommends approval.


City Manager Comment: These are the changes that were approved in the Collective Bargaining Agreement.  The second reading will occur on December 20.  This will be a special meeting for one purpose only to adopt the changes to the pension ordinance. 


K.   PARKS & RECREATION (Susan Lovallo)


Item 30 -        Skate Park Design Review

Submitted to Council for review of Design Build Package for the Skate Park Renovations and ask Mayor and Council to review the design package and provide any feedback. 


The Construction Engineer is Brad Blais of Quentin Hampton Associates, Inc.  and the project manager will be Susan Lovallo. 


Project Description, Scope of Work, and Outline Specifications attached.




Item 31 -        First Reading - Ordinance No. 2012-35 - Amendment to Chapter 9, Article II, Section 21 of the Land Development Code, Creating an Exemption for the Doris Leeper Spruce Creek Preserve Habitat Restoration Plan


The subject ordinance amends Chapter 9, Article II, Tree Preservation, Section 21 Exemptions, by adding a subsection (e) that allows removal of trees, except historic trees, within State of Florida owned lands as authorized by the State approved Land Management Plan and Habitat Restoration Plan for the Doris Leeper Spruce Creek Preserve.    A copy of the staff report and background materials on this issue are attached.


The City’s Environmental Advisory Board reviewed and elected to take no action on this item at its November 13, 2012 meeting.  The Port Orange Planning Commission reviewed this item at its October 25, 2012 and November 15, 2012 meetings, and voted unanimously in support of the proposed LDC amendment.


Staff recommends approving Ordinance No. 2012-35, amending Chapter 9, Article II, Section 21 of the Port Orange Land Development Code.


Item 32 -        De-obligating funds for the middle segment of Yorktowne Blvd.


For a number of years, the City Council has carried forward funds to construct a segment of Yorktowne between Tributary One of the B-19 and School House/Hidden Lakes.  The private developer of Nautica Lakes had committed to construct the segment between Willow Run Blvd. and Tributary One.  The City has a total of $1,725,000 allocated for the middle segment project. $ 725,000 is from the Gas Tax fund.  $238,280 is from the Transportation Impact Fund and $761,720 is from the Drainage Utility Fund.

In the spring, I sent a letter to Sam Owens notifying them that the City could not continue to allocate the funds for this project if there was no prospect for the road to be constructed immediately.  The Nautica Lakes developer has received a copy of the summer letter as well.  The requirement to perform by constructing the road between Willow Run and Tributary One was in the real estate contract between the Coraci Family and the developer of Nautica Lakes.  The requirement to construct the road from Willow Run to Tributary One was included in the Nautica Lakes PUD documents.

The City had reached an agreement with the property owner between Tributary1 and School House that the City could special assess to recover the City’s investment if the City constructed the road.  The City does have the right-of-way on the property.  We had asked for the right-of-way off the Nautica Lakes property but were not given that land nor the approval to assess if the City constructed the road before the development was ready to proceed. 


Although the road would provide an excellent north/south connection to South Williamson Boulevard, it does not make sense to hold the funds when there are areas that the Council could invest these resources.


Staff recommends de-obligating funds reserved for the middle segment of Yorktowne Boulevard.


City Manager Comments: It is my understanding that representatives will be present on Tuesday night to discuss with the City Council to allow additional time to work out the details for the construction of Yorktowne Boulevard.  As you know there is litigation on going related to Nautical Lakes. 


Item 33 -        Utility Billing and Water Meter Update


I will provide an update to Council relating to these issues.


Item 34 -        City Manager Selection Process Update


Shannon will provide an update to Council relating to the background checks.


Item 35:         City Attorney Report


The City Council asked that the Agenda format include an agenda item that would allow the City Attorney to report and update City Council members.


Item 36:         City Manager Report


The City Council asked that the Agenda format include an agenda item that would allow the City Attorney to report and update City Council Members. 




Item 37 -        Comments/Concerns from Council Members


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