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

                        January 15, 2013


Date:               January 8, 2013


As my tenure is drawing to an end, I thought it would be good to allow Shannon to gain experience in handling the City Council Meeting.  She will be sitting with City Council on Tuesday nights, January 15 and 22.  She will be handling City Council briefings and discussions during the two meetings.  The City Council meeting is scheduled for 6:30 p.m.  Also, Greg Kiesla will be attending the City Council meeting as well.  As you know he is scheduled to begin work on Monday, January 14.  




Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call




Item 4 -           Keith Norden, Team Volusia

 Team Volusia Powerpoint Presentation

Keith Norden will be present to introduce himself to Council.


Item 5 -           Project Manager’s Water Meter Update


Ken Hooper will be present to provide Council with an update on the water meter project.


City Manager Comments: As you know, I have asked Ken Hooper to become the Project Manager for the Meter and Meter Component Replacement Program.    I would encourage you to talk with Mr. Hooper about his findings and his recommendations.  He has extensive public and private sector experience. 




Item 6 -           Board Appointments


a.    Youth Advisory Board


An appointment to the Youth Advisory Board needs to be made.


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




Item 7 -           Approval of Minutes


a.    January 5, 2013 –Special 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 8 -           Staff Reports - Building Activity Report and Monthly Development Activity Report for December, 2012.


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


Attached are the monthly reports from the Community Development Department. Should you have questions, please feel free to contact Wayne Clark or me.


Item 9 -           Change Order #1 to Contract with E.J. Ward, Inc. for the Fuel System


After review of FY 2012 and FY 2013 vehicle inventory for existing and incoming vehicle, it was determine that additional 60 (each), W4 Canceivers Kits and 60 (each), W4 Tag Kits are needed to properly fuel the vehicles utilizing the new fuel system.

In addition, cost of the additional W4 Canceivers Kits and W4 Tag Kits are based on original contracting pricing of $301.13 for the W4 Caneivers and $30.00 for the Tag Kits. Initial Contract Price $158,961.82, approval of the budget resolution will increase contract price to $178,829.62.

Project No.:    OMI020          Funding Account No.: 503-4500-519-6400


Staff recommends approving additive Change Order No. 1 to the contract with E.J. Ward, Inc. in the amount of $19,867.80 for the fuel system contract, project OMI020 and authorize the Mayor and City Manager to execute contract documents.


Item 10 -        Laundering/Dry Cleaning Service for Police and Fire Personnel


The laundering/dry cleaning services for the Police and Fire Departments personnel uniforms were bid out.  The City received one (1) bid.  The bid was from Castle Cleaners, Inc., as outlined in the attached bid summary.  Therefore staff recommends that Council award this bid to Castle Cleaners, Inc. Port Orange, FL.

Funds for this item are budgeted in each of the two departments operating budgets.

Staff recommends approving the award of the laundering/dry cleaning services for the Police and Fire Department personnel uniforms to Castle Cleaners, Inc.

Item 11 -        Interlocal Agreement for Williamson Blvd. Extension between the City of Port Orange and the County of Volusia

 Item 11 - Revisions

On October 2, 2012, the City Council agreed to provide the County with 12.5 mitigation credits for South Williamson Boulevard between Airport Road and Pioneer Trail.  The agenda form referenced that an interlocal agreement was being prepared and would be presented to the Council at a later date.  Attached is the interlocal agreement. 


Staff recommends approving the Interlocal Agreement for Williamson Blvd. Extension between the City of Port Orange and the County of Volusia


City Manager’s Comments: Last fall, the City Council approved providing 12.5 wetland mitigation credits for the South Williamson Boulevard extension.  It was noted that an Interlocal Agreement would be drafted and presented to the City Council at a later date.  This is that Interlocal Agreement.


Item 12 -        Subornation of SHIP Down Payment Assistance Second Mortgage


On September 12, 2008, the City of Port Orange executed a second mortgage and note in the amount of $10,000 with Kimberly Will n/k/a Kimberly Arnold to assist in the purchase of a home located at 1987 Yellowfin Drive.

The City of Port Orange’s Down payment Assistance is a deferred loan and encumbers the homeowner’s property as a second mortgage.  Bank of America issued the first mortgage in September 2008.

Kimberly Will n/k/a Kimberly Arnold has requested that the City subordinate its second mortgage in favor of a new first mortgage provided by Bank of America.  This proposed new mortgage lowers the current interest rate on his first mortgage from 6.500% to 3.750%.  This decrease in interest rate provides a monthly savings in the amount of the mortgage payment.  The mortgage commitment will expire January 28, 2013.

Staff has evaluated the information provided by Bank of America and has determined that the homeowners is not including payment of any consumer debt in this proposed new mortgage and they will not receive any cash upon the closing of the loan.

Staff recommends authorizing the Mayor and City Manager to execute subornation for a SHIP second mortgage loan in the amount of $10,000 to a new first mortgage for the purpose of reducing the monthly principal and interest payments on the home located at 1987 Yellowfin Drive. (Applicant: Kimberly Will n/k/a Kimberly Arnold)



Item 13 -        Citizen Advisory Committee for TPO


Bobby Ball will provide an update to the City Council related to the Citizen Advisory Committee for the TPO activities.




Item 14 -        Second 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 15 -        Resolution No. 13-02 – Ridgewood Corridor Plan Adoption


On December 20, 2012, the Planning Commission unanimously recommended approval to adopt the Ridgewood Corridor Plan.

The main objectives of the Ridgewood Corridor Plan are to improve the corridor by:

·         Making it more attractive,

·         Improving its economic position, and

·         Minimizing activities that discourage investment. 


The Draft Ridgewood Corridor Plan was provided to the City Council, the Planning Commission, the Chamber of Commerce, and the corridor plan e-mail group and was posted on-line for public review in August 2012. A workshop on the draft plan was held with the City Council on September 25, 2012 and the Planning Commission on September 27, 2012. The City Council held another meeting on the draft plan at the Riverside Pavilion on October 30, 2012.

Revisions based on the input at these meetings have been included in the Plan presented for adoption (see Exhibit A – Plan Revisions from Draft to Final Plan). Some of these revisions include new strategies expanding the proposed grant programs to include landscaping and demolition; on-going maintenance of public facilities; and expanding the use of CDBG funds. New performance measures that correspond to the strategy additions, two new appendices related to CDBG eligible areas and existing Ridgewood Development District Incentives, and various grammar, spelling and syntax revisions have also been included.

Staff recommends approving Resolution No. 13-02, adopting the Ridgewood Corridor Plan, as recommended by the Planning Commission.

Item 16 -        12-97500004/Proposed Right-of-Way License Agreement – Halifax Health Wellness Walk

Robert Williams, the Director of Business Development for Halifax Health and agent on behalf of the Halifax Hospital Medical Center District, has applied to the Community Development Department to enter upon and to utilize certain segments of the sidewalk rights-of-way known as North Swallow Tail Drive, Woodbriar Trail, and Dunlawton Avenue, as shown on the Plat of Halifax Medical Center Port Orange, recorded in Map Book 44, pages 76 and 77, of the Public Records of Volusia County, Florida, for the purpose of installation, maintenance, repair, replacement and removal of directional signage on the sidewalk for a one-mile wellness walking path around the Halifax Health Port Orange Campus (hereinafter collectively referred to as the "lmprovements") as depicted in Exhibit "A". The lmprovements shall consist of 6" x 8" heat applied slip resistant graphic vinyl decals.

The License Agreement Application has 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. The applicant has agreed that the graphic decals will not be installed until after the notification that all current sidewalk repairs have been completed. The applicant has provided an executed License Agreement document. The Licensee assumes all responsibility for the maintenance and, if necessary, replacement of all lmprovements depicted in Exhibit "A". The City reserves the right to remove or cause to be removed the lmprovements without any liability to the City or obligation to replace same upon completion of any City project requiring removal or repair of the sidewalks. The Licensee agrees to routinely inspect the sidewalks and lmprovements and shall notify the City in writing of any condition that would constitute a hazard to pedestrians. Should the property owner fail to abide by requirements in the agreement, it provides the City with the ability to take necessary corrective actions at the expense of the Licensee.

Staff recommends approving and authorizing the Mayor and City Manager to act on behalf of the City to execute a License Agreement for the Halifax Health Wellness Walk.

City Manager’s Comment: The City has scheduled repairs to be made to the sidewalks before Halifax Health can actually install the decals.  The sidewalk work is schedule at the end of the month.  Halifax is aware that they cannot apply the decals until after the walk repairs are made.



Item 17 -        Discussion regarding Curbside Debris pick up


The City Council asked for a report on lawn services placing their debris on the curb for collection by the solid waste collector.  It is difficult to impossible to quantify the impact on the solid waste volume.  It is believed that the impact is minimal on the volume since Port Orange residents have unlimited yard waste collection.  Unless a complaint is filed or the code officer sees a lawn service placing the items on the curb, it is assumed that the property owners place the items on the curb. 

The report provides the City Council with options ranging from leaving the ordinance as is; to amending the ordinance to allow lawn services to place their debris on the curb; to providing an exemption for persons who are physically unable to place items on the curb.

Staff recommends amending the ordinance to allow lawn services to place their debris on the curb seems to be the most logical approach.

Item 18 -        Renovation and Expansion of the YMCA Facility at City Center Discussion and Direction


The City of Port Orange owns and leases a building to the YMCA.  The City entered into this arrangement in 1989.  The arrangement calls for the YMCA to pay all operating costs associated with the facility and to pay a lease payment to the City of Port Orange.  The payment has two components.  One that is transferred to the General Fund to offset the debt service and the other is set aside for renewal and replacement.

The facility has been expanded on two occasions.  Each time the facility has been expanded, the lease payment has been increased to cover the non-grant portion of the expansion.  The YMCA facility is the main emergency shelter to house City employees and families during hurricanes.  In 2004, the City used the YMCA for sheltering city employees and their families.  The town of Ponce Inlet, City of Daytona Beach Shores, and the City of South Daytona are able to use a portion of the building during a hurricane as an alternative EOC.  Those cities have to pay for their costs if they use the facility.  Attached is a plan that the YMCA would propose constructing.  Each time we have expanded the building, it has been done as a design-build.  The City worked with the YMCA on the design criteria package.  Proposals were then accepted from design-build teams.  A committee composed of representatives from the YMCA and the City reviewed the submittals and made a recommendation to the City Council.

The City required a financial pro forma to be done to be sure the YMCA had the financial ability to pay the increased lease payment.  The original project had a ramped schedule meaning that the YMCA ramped up their payments with smaller payments in the earlier years and larger payments in the later years.  The City required a large renewal and replacement payment in the later years knowing that certain items would have to be replaced eventually.

Does the City Council desire to work with the YMCA to expand and renovate the existing YMCA facility?  Does the City Council desire to work with them on a lease modification that would amortize the funds from the internal loan fund and the recreation facilities fund?  Does the City Council desire to use a design build concept in expanding and renovating the building?  Does the City Council desire to form an evaluation committee composed of Parks and Recreation Advisory Board members, YMCA Board members and City Council members to review the design-build proposals and make a recommendation to City Council?

Item 19 -        Fire Service/Paramedic Discussion


In 2011, the City Council established the staffing levels for paramedics at 22.  Recently, there have been questions raised about the number of paramedics that are receiving paramedic pay or paramedic supplemental pay.  At the time the City Council established the staffing levels at 22, the City had 26 individuals who were being paid either as a paramedic or were drawing paramedic supplemental pay.  The City Council made the decision that the number would be reduced as people either decided that they did not want to be a paramedic any longer or retired or left employment with the City for some reason.


The second question that is raised in the memorandum is the Paramedic Scholarship Program.  This program was instituted many years ago to encourage members of the Port Orange Fire and Rescue Department to become paramedics.  This program was placed on hold until the City and the Fire Union reached an agreement.  Does the City Council desire to reopen to members of the Fire and Rescue Department the Paramedic Scholarship Program?  In the memorandum, I discuss compensation methods.  Since the City has authorized only 22 positions to receive paramedic pay, from a budget standpoint, that is all I am authorized to pay.  If the City Council desires to allow additional paramedics to receive either supplemental pay or paramedic pay then you will have to raise the number of authorized positions.  The second method discussed in the memorandum relates to only paying paramedics above the 22 when they are used in as the paramedic.  This would have to be discussed with the Union.


Item 20 -        City Attorney’s Report


This has been placed on the agenda so that the City Attorney can bring items to the City Council attention and to provide information to the City Council about ongoing legal activities.


Item 21 -        City Manager’s Report


This has been placed on the agenda so that the City Manager can bring items to the City Council attention and to provide information to the City Council about ongoing city activities.




Item 22 -        Comments/Concerns from Council Members


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