To:                   Mayor Allen Green

                        Vice Mayor Donald Burnette

                        Council Member Bob Ford

                        Council Member Drew Bastian

                        Council Member Dennis Kennedy


From:              Gregory A. Kisela, City Manager


Subject:          Agenda Commentary for Regular City Council Meeting of

                        March 5, 2013


Date:               February 27, 2013





Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call




Item 4 -           Code Enforcement Board Appointment


There will be one vacancy on the Code Enforcement Board beginning April 6, 2013. The term is for three years and expires April 6, 2016. A copy of Mr. White’s application is attached for review. There have been no other applications received at this time.

Staff recommends appointment of Newton White to the Code Enforcement Board.

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




Item 5 -           Approval of Minutes


a.    February 19, 2013 –Regular City Council Meeting

b.    February 26, 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 6 -           Construction Activity Report


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


Item 7 -           Parks and Recreation Project Updates


Attached is the update on recreational facilities. Should you have any questions, please contact Susan Lovallo or me.


Item 8 -           2013 Legislative Program


Attached is a listing of key issues, important dates and information related to the 2013 Regular Legislative Session for the City Council’s review and discussion.  Throughout the regular session, we will provide City Council Members with issue briefings and additional background material.


Additionally, meetings with key legislators and committee chairs will be set for Council Members who are attending Volusia Day and/or the Florida League of Cities Legislative Action Day.


Staff recommends adopting the 2013 Legislative Program and authorizing staff to monitor and respond to key legislation applicable to the City, its operations and the community in general.


Item 9 -           Declaration of Public Right of Way along Herbert Street and Declaration of Utility and Sidewalk Easement along Ridgewood Avenue to Facilitate Roadway Intersection Improvements by FDOT


The Florida Department of Transportation (FDOT) will soon be undertaking turn lane improvements at the intersection of Herbert Street and S.R. 5/U.S. 1/Ridgewood Avenue.  To reinstall a public sidewalk and overhead utilities on the south side of Herbert Street at this intersection, an additional twenty (20) feet of right of way is required.   An additional area fifteen (15) feet by twenty five (25) feet along the west side of Ridgewood is required in the form of a public utility and sidewalk easement.   The property owner from which this easement and declaration of public right of way are being obtained is the City of Port Orange. 

Staff recommends approving the Declaration of Public Right of Way and Declaration of Utility and Sidewalk Easement as presented, and authorizing the Mayor to execute on behalf of the City.

Item 10 -        License Agreement with Halifax River Partners, LLC for Centennial Celebration Fireworks


On February 19, 2013, the City Council authorized the License Agreement and the execution by the City Manager, Gregory A. Kisela.  A copy is attached for your ratification and approval.

The City will hold its Centennial Celebration on March 17 in Riverfront Park from 4:00 p.m. until approximately 8:30 p.m.  Fireworks will be provided by the City’s vendor, Fireworks by Santore, Inc., and are scheduled to begin between 7:45 and 8:00 p.m.  In order to provide the required separation between people, structures and fireworks, the fireworks must be launched from the “point property” along Halifax Drive, owned by Halifax River Partners, LLC.  The attached license agreement provides authorization for the City to utilize the property for this specific event

E.   FINANCE (Wayne Saunders)


Item 11 -        Resolution No. 13-15 – Budget Appropriations


City council approved the commencement of a Centennial event. City staff has identified anticipated expenses and sponsorships.


Additional repairs have been identified as necessary to the fueling facilities at Cypress Head Golf Course and Public Works for the fueling system project.


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.


F.    CITY ATTORNEY (Margaret Roberts)


Item 12 -        City Attorney’s 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 13 -        Report on Christmas Tree Sales Event


Mr. James Kuespert, President, Volusia Motorcycle Training, Inc., P.O. Box 290122, Port Orange, requested and received approval of a License Agreement to use property owned by the Community Redevelopment Agency for Port Orange Town Center to sell Christmas trees during the 2012 holiday season. Additionally, Mr. Kuespert secured City Council approval of a Conditional Use Permit, as required by the City’s Land Development Code. When the Conditional Use Permit was approved, the City Council requested a report from Mr. Kuespert after the event concluded. Mr. Kuespert has been notified to appear to present his report. Attached are documents related to the Christmas tree sales activity conducted on the CRA’s parcel, including recent correspondence from Mr. Kuespert.


Item 14 -        Centennial Celebration Update


Staff will provide an update on the Centennial Celebration activities.


Item 15 -        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 16 -        Comments/Concerns from Council Members


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