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 22, 2013


Date:               January 15, 2013





Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call




Item 4 -           Local Business Spotlight


Cindy and Michael George, owners of Exit Realty, will be present to introduce themselves and their business.


Item 5 -           Report from Kemper Sports Management regarding Cypress Head Golf Course


At this time, a representative of KemperSports will make a report to the Council regarding the activities of the golf course.




The Port Orange City Charter requires that the Mayor annually give a State of the City Address.  Traditionally, the State of the City Address is given at the last City Council Meeting in January.  On January 22, Mayor Green will deliver the Annual State of the City Address.




Item 6 -           Board Appointments


a.    Parks & Recreation Advisory Board


An appointment to the Parks & Recreation Advisory Board needs to be made. Marc Campbell has agreed to serve another term.




·         Approval of Minutes

·         CRA Quarterly Report




·         Approval of Minutes

·         CRA Quarterly Report


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




Item 7 -           Approval of Minutes


a.    December 20, 2012 –Special City Council Meeting

b.    January 8, 2013 – Regular City Council Meeting


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


Item 8 -           Project Manager’s Report


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


Item 9 -           Crime Report


The police department will present a report which details criminal activity in the last quarter.


Item 10 -        Proposed License Agreement – Cedar Street Right-of-Way (11 Cedar St.)


The City Council has previously authorized License Agreements with homeowners abutting the B-23 Canal on Cedar Street, including this property. Mr. Brumenschenkel recently purchased 11 Cedar Street and is requesting a license agreement from the City.

The attached License Agreement requires the licensee to carry a $1,000,000 liability insurance policy naming the City as an additional insured.  A copy is attached.  The Agreement allows for one covered boat slip/lift and dock to be built according to the limitations set forth in the document.  The previous licensee constructed the boat lift; the current owner would be constructing a dock. Mr. Brumenschenkel would be responsible for all maintenance associated with the site. 

The Agreement does not inure to successors or assigns, so in the event the property is sold, the City has the option of requiring the improvements be removed, allowing them to remain, or entering into a new License Agreement with the subsequent property owner abutting the right-of-way.  Staff recommends approval of the License Agreement as attached.

Staff recommends approval of a License Agreement with Michael J. Brumenschenkel, Trustee, to utilize a portion of the right-of-way located adjacent to 11 Cedar Street, Port Orange, Harbor Oaks Unit 1 for access and construction of a dock and authorizing the Mayor and City Manager to execute the necessary documents.

Item 11 -        Wrap Around Agreement with Southeastern Archaeological Research, Inc. for archaeological services


Volusia County selected Southeastern Archaeological Research, Inc. (SEARCH) through a Request for Qualifications process (RFQ-10-SQ-16DS).  Based on SEARCH’s qualifications and previous work performance, the county agreed to a contract.  The City seeks to utilize Volusia County’s contract with SEARCH to perform limited Phase 1 survey work along the historic King’s Road trail and a proposed campsite on the Stanaki property, and uplands areas of the Russell property.  Conducting the survey work fulfills the City’s Management Plan objectives.  Artifacts found will be donated to the Port Orange Historical Trust.  SEARCH has performed similar work for the City in the past when partnering with the cities of Edgewater and New Smyrna Beach and Volusia County.


SEARCH’s proposal is attached.  Due to the length of the Volusia County agreement, it is not included herewith but can be obtained, upon request, from the City Attorney/City Clerk office. 


The contract will not exceed $9,600.00.  Funding Account Number:  401-0300-536-31-13.


Staff recommends approving a Volusia County agreement with Southeastern Archaeological Research, Inc.  to perform limited Phase 1 cultural resource survey work on the Stanaki and Russell properties.


Item 12 -        Wrecker/Towing Services


Bids were solicited for the Wrecker/Towing Services within the City of Port Orange.  Two bids were received – Fryer’s Towing Service and Universal Towing.  Fryer’s Towing Service had the highest proposed base monthly bid in the amount of $8,154.69.  Universal Towing’s monthly bid proposal was $6,700.00. 


Both businesses were inspected by the Police Department to include their facilities, equipment and personnel.  Both were deemed responsive to bid having met all the requirements specified in the bid documents.


It is staff’s recommendation the Wrecker/Towing Services contract be awarded to Fryer’s Towing Service in the amount of $8,154.69 per month.


Staff recommends approving Landau Enterprises, Inc. d/b/a Fryer’s Towing Services for wrecker/towing service subject to receipt of a fully executed contract and performance bond as attached.


Item 13 -        Authorization of Addendum No. 90 with Quentin L. Hampton Associates, Inc. for Engineering Design and Construction Management Services for Wilbur-by-the-Sea South Atlantic Avenue Water Main Improvement Project


On December 2012, City received design plan for review from Volusia County pertaining to their South Atlantic Avenue sidewalk and roadway project at Wilbur-by-the-Sea from Major Street to Marcelle Avenue.  Based upon City staff review and assessment of this sidewalk and roadway project, there appears will be significant impact to the City 40+ years old 6” water main along South Atlantic Avenue.  Recently, City and Volusia County staffs met and conceptually agreed to a Joint-Project Agreement (JPA) for the City to improve and upsize the aging 6” water main to an 8” water main and replace 100+ water services.  The final JPA will be brought forth for City Council approval in March, with bidding targeted for May and construction in August 2013. 

This addendum authorizes the firm of QLHA to perform utility engineering design and construction management services associated with the 8” water main upsizing and relocation.  It is our intent to design the utility relocation and improvement plan concurrent with the sidewalk and roadway design and to construct the improvements as part of a JPA.

Addendum #90 formally grants your approval of these engineering services to be completed. We request your work authorization at this time.   

Funds for this effort is currently budgeted and available in our South Peninsula Sewer Extension Part 2 Project in accordance with the approved 5 Year Capital Improvement Plan.

Project No.:  UET018                 Funding Account No.: 405/42108005336397


Staff recommends approving Addendum #90 with Quentin L. Hampton Associates Inc. (QLHA) for engineering design work and construction management services associated with Wilbur-by-the-Sea South Atlantic Avenue Water Main Improvement as outlined and authorizing the Mayor and City Manager to sign all required documents on behalf of the City.    


Item 14 -        Addendum No. 4 between Economy Electric Company and the City of Port Orange to increase contract amount not to exceed $15,000 for Parks & Recreation Electrical Services for Facilities


Parks & Recreation currently uses Economy Electric Company as one of the approved electrical contractors with the City of Port Orange.  The City currently has exceeded the approved contract amount.  The Parks & Recreation department utilizes this vendor on a blanket purchase order for various projects and facility repairs and is asking to increase the contract amount not to exceed $15,000.00.  Historically, Parks & Recreation needs for electrical services included but not limited to the following: ball field lights, lamp replacements, conduit, timers, breakers, replacing fuses, lenses replacements, camera installation, irrigation pumps, and use of boom truck.  A new Contract Addendum has been prepared and attached hereto for approval and signature by the City Manager and Mayor.  Funding is available under Parks & Recreation Account 001 4400 572 3414. 


Staff recommends approving Addendum No. 4 with Economy Electric Company in an amount not to exceed $15,000 for electrical services provided for the Parks & Recreation Facilities, subject to executed contract and construction bond requirements.


I.      FINANCE (Wayne Saunders/Stella Gurnee)


Item 15-         Resolution No. 13-3 – Budget Resolution


The budget for the City Manager’s office has been reviewed.  Costs for the remainder of the year have been projected based on the new City Manger’s contract and pay outs for the current City Manager.

The attached budget resolution provides for the recognition of the budget changes recommended to address the items noted above. Please see the attachments for the specific detail.

Staff recommends approval of the attached Resolution. 

Item 16 -        Finance Report


Attached is the Monthly Financial Report. If you have questions, please contact Stella Gurnee or me.


City Manager Comments: Stella Gurnee has changed the format of the monthly Financial Report.  We have listened to the City Council and in an attempt to provide you with more information related to the City’s financial position, Stella has made several changes to the report.  We look forward to your review of the report.  I know that it will need some adjustments. 


As you know Wayne Saunders has agreed to be the Interim Finance Director.  He will be coming on board on Monday, January 21.  This will be a great help to both Greg and Stella.




Item 17 -        Second 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 18 -        Second 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 the 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 19 -        Second Reading – Ordinance No. 2013-1 – LDC Amendment/Chapters 17 and 18, Case no.: 12-25000009


At its December 20, 2012 meeting, the Planning Commission recommended approval of the request to amend Chapters 17 and 18 of the Land Development Code, to allow health/exercise clubs as a permitted use with special development requirements in the Light Industrial (LI) zoning district.


In addition to meeting the special development requirements, a tenant or property owner would not be able to obtain a Certificate of Occupancy (C.O.) if the site was deficient in terms of the number of parking spaces or the tenant space did not meet the Florida Building Code and Fire Code requirements for the proposed use.


Staff recommends approval of Ordinance No. 2013-01, amending Chapters 17 and 18 of the Land Development Code (LDC), as recommended by the Planning Commission.


K.   PARKS & RECREATION (Susan Lovallo)


Item 20 -        Resolution No. 13-4 - Amend Fee Resolution 12-58 Establishing Revised Fees for City Ball Field Rentals to match those of Volusia County during peak and non-peak hours; and to include a fee to recover the direct cost for field chalking and painting


Per City Council’s request of January 8, 2013 we are revising our current ball field rentals during peak and non-peak time to match Volusia County’s rates. Also included is a fee to recover the direct cost for field chalking and painting.  This Amended Resolution will supersede prior Resolution 12-58.  Revised Exhibit C is attached outlining the new fees to match those of Volusia County as:


Decrease field rental fee without lights and considered non-peak hours from $15 per hour to $10 per hour;


Decrease field rental fee with lights and considered peak hours from $25 per hour to $20 per hour.  


The field set up fee (chalking and painting) would change from a one-time blanket fee of $35 per field to direct material cost recovery charge of $10 per occurrence. 


Staff recommends approval of Resolution 13 – 4 amending Resolution 12-58 to revise City fees for City Ball Field Rentals to match those of Volusia County during peak and non-peak hours and adjust rates accordingly to revised Exhibit C, attached including a recover fee for the direct cost of chalking and painting the fields.




Item 21 -        Forensic Audit Services RFP #13-9


On Tuesday evening, January 22, I have asked Robin to hold agenda space that will allow the council to discuss the Forensic Audit proposals.  Staff anticipates delivering the proposals to the City Council on January 17.  The City Council will need to determine who will be interviewed and when the interviews will be conducted.


There are five Tuesdays in January.  January 29 is one potential date.  Normally the Council has allocated about 30 minutes per presenter with a question period.  That normally means about 45 minutes per presenter.  Even if you limited the total time per presenter to 30 minutes including questions, the Council should plan for a 3.5 to 4 hour meeting if there are five firms to be interviewed.


Item 22 -        Street Sweeping Discussion


Recently, City Council Member Ford and I attend a neighborhood meeting in Commonwealth.  One of the comments made by the residents was that they had not seen the street sweeper in the neighborhood in a long time.  Street sweeping was one of the services that was curtailed several years ago in order to keep the solid waste rates from having to be increased.  Today, no residential streets are being swept.  The street sweeping is confined to the major thoroughfares.


Street sweeping along curbed streets helps keep debris out of catch basins.  Many cities see street sweeping as one of their water quality efforts.  Some cities see street sweeping as an integral part of their sanitation program.  Port Orange traditionally has seen street sweeping as part of the sanitation program.  It is funded out of the solid waste fund.


Many years ago, we contracted out street sweeping.  Street sweepers themselves are very expensive to maintain and are constantly down for maintenance.  It was far less expensive for the City to contract out this service.


Attached are the alternatives for street sweeping in residential neighborhoods.  When we were sweeping in residential areas, the City was on a 90-day sweep cycle.


Does the City Council desire to reinstitute the neighborhood street sweeping?  Our current sanitation rate reflects only the current level of service and may have to be adjusted if an additional level of service is implemented by the City.  Attached is a spreadsheet that quantifies each service level change.


Item 23 -        Clear Channel Lease Payments Discussion


Clear Channel has been talking with the City for some time about adjusting their lease payments for billboards located on the wellfield property.  Clear Channel has requested rent reduction for the boards from $6,137 per year to $2,500 per year.  They have stated that they would provide the City with one vinyl panel to be installed on one board at any time the board is not leased.  The thought process was that the board would advertise the Golf Course at Cypress Head.


The City is under no obligation to reduce the rental payment for these three signs.  Clear Channel entered into the lease arrangement with the City for these boards.  They agreed to pay the City a fixed amount each year for the term of the lease.  There was a rent increase clause in the document as well.


In reviewing the construction along I-4, it may create certain obstacles that may be removed once construction is completed.


Although they have requested a 48-month rental fee reduction, the period of time will be much less.  I would not suggest that the period be 48 months but rather 36 months at the most should the City Council even consider a fee reduction.


They are proposing reducing the rental payment to $2,580 per board per year.  Any reduction would probably be accepted by them.  Also, I think two vinyl panels promoting Port Orange is possible.  You might have one that is general Port Orange and a second that is Cypress Head.


Would the City Council entertain a rent reduction on the I-4 boards for a period of 36 months?  Would the City Council entertain a lease payment of $4,500 per board per year plus two vinyl sign coverings, one for Cypress Head and one for general Port Orange to be placed on boards when they are not leased by Clear Channel?  Clear Channel would pay all expenses associated with the vinyl signs and the installation on the boards when not in use.


Item 24 -        Utility Billing and Water Meter Update


This has been placed on the agenda so that City Staff anager can bring the City Council up to date on the utility billing and water meter issues.


Item 25 -        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 26 -        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 27 -        Comments/Concerns from Council Members


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


Item 28 -        City Council Committee Reports


At this time, Council Members may report on various committees to which they have been assigned.