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 19, 2013


Date:               March 12, 2013





Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call




Item 4 -           Fire Pension Board Annual Report


Patrick Donlan will be present to provide Council with the annual report for the Fire Pension Plan.




•           Approval of Minutes

•           Authorization to Negotiate Contract Provisions – RFP #12-2 /Riverwalk Land Sale and/or Trade




Item 5 -           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 6 -           Board Appointments

a.    East Port CRA – Corey Berman and Ted Noftall


There are two (2) open positions on the Eastport CRA Board. Attached for your review and consideration are applications for Corey Berman and Ted Noftall, as well as Resolution No. 95-23 showing the criteria for appointment.

Corey Berman has advised Staff that he leases property on Dairy Court but has not established a business as of yet.

Ted Noftall owns and operates J&M Moving and Storage Specialists, Inc., which is within the Eastport CRA area.

Staff requests Council’s consideration of the appointment of Corey Berman and Ted Noftall to the Eastport CRA Board.



Item 7 -           Port Orange Blazers Organization


The Blazers organization has disbanded due to teams breaking off and lack of participation.  The Blazers are asking the City Council to release them from the co-sponsored contract and forgive the outstanding co-sponsorship fee of $4,000.00 as they are financially unable to pay the fees.  A representative from the Port Orange Blazers Organization will be present.


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




Item 8 -           Approval of Minutes


a.    March 5, 2013 – Regular City Council Meeting

b.    March 12, 2013 – Special City Council Meeting


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


Item 9 -           Staff Reports - Building Activity Report and Monthly Development Activity Report for February, 2013


The attached Staff Reports include the Development Activity Report and the Building Activity Report.


Item 10 -        Storm Drain Pipe Lining Bid Award #13-12, Project #DIP033


The pipe lining practice and procedures are for the reconstruction of existing storm drain pipes by inversion and curing of a resin-impregnated, flexible tube.

This extends the useful life of the pipe and improves storm system function.


This project was recently advertised for bid. A mandatory pre-bid meeting was held on January 24, 2013 with nine prospective contractors attending. Bids were publicly opened on February 12, and of the six bids received, five were determined responsive, with Layne Inliner, LLC the lowest bid.


Project No.: DIP033             Funding Account No.: 41518005416397


Staff recommends approving bid #13-12 award for Storm Drain Pipe Lining to Layne Inliner, LLC. in the amount of $445,111.00, and authorizing the Mayor and City Clerk to execute all required contract documents on behalf of the city.


Item 11 -        Lease Agreement with Palmer College Foundation


Palmer has requested the use of approximately 1,400 square feet of space in the former jail facility at the old police building on a month to month basis.  They plan to utilize the area for storage only (non-hazardous) and will access the building from the Sally Port.  The lease term is month to month with payment of $700 per month due in advance.  It is cancelable by either party with a 10-day notice and Palmer will carry insurance naming the City as an additional insured. The remainder of the building is secure and segregated from the leased area.


Staff recommends approving a lease agreement with Palmer College Foundation in the amount of $700 per month for storage space in a portion of the building currently owned by the City located at 1395 Dunlawton Avenue, Port Orange, Florida 32127 (formerly the City of Port Orange Police Department), and authorizing the Mayor and City Clerk to execute all associated documents.


Item 12 -        Change Order No. 2 – E.J. Ward, Inc. Vendor for the fuel system contract


During the initial site visit conducted by E.J. Ward and Norris & Samon of the city’s fuel facilities, it was noted that the Cypress Head Golf Course fuel pump island has settled, traffic bollards were damaged, and the fuel tanks were rusted. The initial bid included the listed repairs utilizing E.J. Wards’ Contractor (Norris & Samon). However, it was the intention of the original author of the contract to combine the needed repairs at the Cypress Head Golf Course fuel facility and the fuel holding tanks sumps at Public Work’s fuel facility to gain competitive quotes. Therefore, staff made several call outs to certified contractors to secure quotes, but were met with no response. These repairs are required to meet all safety and environment regulations prior to the installation of the E.J. Ward Fuel System.


Funds appropriation for repairs to Cypress Head Golf Course in the amount of $39,581.82 will be funded from the 451 Golf Course Capital Fund and $23,868.00 will be funded through the 503 Vehicle Maintenance Funds for the repairs to Public Works Fuel Facility. In addition, $2,500.00 project management will be funded through the 503 Vehicle Maintenance Fund. Initial Contract Price $158,961.82, approval of the budget resolution will increase contract price to $244,779.44.


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


Staff recommends approving additive Change Order No. 2 to the contract with E.J. Ward, Inc. in the amount of $65,949.82 for the fuel system contract (Reference Budget Resolution No. 13-15), project OMI020 and authorizing the Mayor and City Clerk to execute contract documents.


Item 13 -        Request for Approval to Submit Projects for the Volusia Transportation Planning Organization’s 2013 Transportation Improvement Program Priority List


Staff requests City Council approval and authorization to submit applications for projects to be placed on the TPO’s 2013 Project Priority List. This does not obligate the City to fund these projects only to include them on the TPO priority list. The proposed applications to be submitted this year include:


•     Victoria Gardens Blvd. Sidewalk – design/construction on the east/south side  (Bicycle/Pedestrian Facility),

•     McDonald Road sidewalk – design/construction on the west side (Bicycle/Pedestrian facility)

•     Spruce Creek Road (mid-section) sidewalks- design/construction on the east and west sides (Bicycle/Pedestrian Facility).

•     Dunlawton Avenue Phase 1 walk lights - design/construction improvements from Ridgewood Avenue to Spruce Creek Road (Traffic Operations/ITS/Safety project), and

•     Doris Leeper Preserve Trail Feasibility Study (Bicycle/pedestrian facility).


If the projects are selected and the City chooses to fund them, the projects will require a 10% local government match, estimated at $148,092 total for all five projects.  With these projects, the City pays for the project up front and is then reimbursed. If projects are accepted, it is anticipated that the 301 Capital Projects Fund will be the initial funding source.


Staff recommends authorization to submit applications for the 2013 Priority Project ranking for transportation improvements to the Volusia Transportation Planning Organization (TPO).




Item 14 -        First Reading - Ordinance No. 2013-4 – Ordinance Approving the First Amendment to the Master Development Agreement for the Nova Depot Planned Commercial Development, Case No. 12-40000002


At its January 24th, 2013 meeting, the Planning Commission recommended approval (7-0), of the 1st Amendment to the MDA. If the amendment is approved, it will create the regulatory framework for a three lot commercial subdivision on 3.64 acres of vacant land. The listed permitted uses include retail, office, personal services and restaurants. The size of each of the three lots will each be slightly over one acre. The lots will share one driveway and have cross connections in order to limit access points to Nova Road. The staff report is attached for more information.


Staff recommends approving Ordinance No. 2013-4, the 1st Amendment to the Nova Depot Planned Commercial Development Master Development Agreement (MDA) dated February 15th, 2013, as recommended by the Planning Commission.


Item 15 -        First Reading – Ordinance No. 2013-5 – LDC Text Amendments/Chapters 2, 12, 17, and 18 (Ridgewood Corridor Plan Implementation), Case No. 13-25000001


On February 28, 2013, the Planning Commission recommended approval of the subject Land Development Code (LDC) Amendments.


On January 15, 2013, the Ridgewood Corridor Plan (RCP) was adopted by the City Council (Resolution 13-2). The main objectives of the RCP are to improve the corridor by making it more attractive, improving its economic position, and minimizing activities that discourage investment. 


The proposed amendments are one of the initial steps in the implementation of the RCP. The first three amendments were identified in the short-term strategies section of the RCP:

1.         Remove “construction contractor’s yard and storage” and “motel” as permitted uses in the RD zoning district;

2.         Allow alternative surfaces for parking lots south of Dunlawton Avenue; and

3.         Allow drought tolerant landscape material in the Ridgewood Avenue landscape buffer.


In addition, there are two other proposed amendments to clarify regulations for residential uses in the Ridgewood Development (RD) District and to prevent inconsistency between the Comprehensive Plan and the LDC.


Staff recommends adopting Ordinance No. 2013-5, amending Chapters 2, 12, 17 and 18 of the Land Development Code (LDC), as recommended by the Planning Commission.


Item 16 -        Resolution No. 13-16 – Update to Standard Construction Details M-4, M-5, M-10, M-11, M-12, M-13, M-15, M-16, M-17, and M-24


On February 28, 2013, the Planning Commission recommended approval of the subject Standard Construction Detail (SCD) update.


Standard Construction Details (SCD) M-4, M-5, M-10, M-11, M-12, M-13, M-15, M-16, M-17, and M-24 are being updated in order to make them consistent with the 2010 Florida Building Code (FBC). On March 15, 2012 the 2010 FBC became effective, which contains all laws and rules that pertain statewide to govern the design and construction of buildings. The 2010 FBC includes regulations for accessibility and minimum design wind speed for structures, which is a change from previous editions. The City’s SCDs must be consistent with these state requirements and cannot be more or less stringent. The proposed changes are to provide consistency between the City’s SCDs and the FBC regulations regarding terminology (e.g. “handicap” replaced with “accessibility”), dimensional requirements for improvements required for accessibility, and the FBC change in minimum design wind speed for certain structures from 120 mph to 130 mph.


Staff recommends approving Resolution No. 13-16, adopting revised Standard Construction Details M-4, M-5, M-10, M-11, M-12, M-13, M-15, M-16, M-17, and M-24, as recommended by the Planning Commission.


Item 17 -        Appeal of Planning Commission Decision Denying a Variance to Allow Speed Bumps within Parkwood Mobile Home Park/Michael Belanich Case No. 12-90000005


At the January 24, 2013 meeting, the Planning Commission denied the variance (7-0) to allow the speed bumps to remain.


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 meeting, the review criteria established for the variance request, 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. The appeal request letter from the applicant, minutes from the Planning Commission Meetings, and staff report are attached.


Michael Belanich, Managing Member of Parkwood Mobile Home Park, requested approval of a variance from Chapter 12, Section 6(g)(3) of the City of Port Orange Land Development Code (LDC) to allow speed bumps on private roadways within Parkwood Mobile Home Park. The LDC prohibits speed bumps on any public or private roadway or drive. The code requirement was adopted in Ordinance 1990-33 to ensure emergency response vehicles were not delayed or damaged while responding to emergency calls. The speed bumps within Parkwood were installed without prior City approval. According to the applicant, the speed bumps ensure the safety of the park residents. If the variance request is approved, speed bumps that were previously installed throughout the park will be allowed to remain.


I.      PUBLIC SAFETY (Jerry Monahan)


Item 18 -        Resolution No. 13-17 - State of Florida EMS Matching Grant for new heart monitors


Our 9 current heart monitors range in age from 8-13 years with 8 units being 12 years or older. They all have outdated technology, and are not upgradable. Due to the age of these units, we are experiencing deterioration and frequent malfunctions. We had 10 services call from February of 2011 through February 1, 2013; this does not include the regular maintenance calls.  These units are no longer manufactured as newer technology is available. This matching grant is a 75/25% grant, our cost for 9 new heart monitors would be $77,331.34 the state would give use $213,994.01 for a total cost of $ 309,325.35.

In the current capital budget the department has $ 54,000 for new monitors; we have $36,000 for Auto Pulse replacement. We can move $23,331.34 from the Auto Pulse project.

Staff recommends approving Resolution No. 13-17.

J.    CITY ATTORNEY (Margaret Roberts)


Item 19 -        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 20 -        Second Reading - Ordinance No. 2013-3 – Amending Code of Ordinance Chapter 54 Personnel


Ordinance No. 2013-3 has been prepared consistent with the employment agreement for City Manager, Gregory Kisela.

Staff recommends approval.


Item 21 -        Authorization to Negotiate Contract Provisions – RFP #12-2/Riverwalk Land Sale and/or Trade


RFP #12-2 for the Sale and/or Trade of specified City and CRA owned land within the Riverwalk Project Area was released on February 13, 2012.  On April 17, 2012, the City Council and Community Redevelopment Agency for Port Orange Town Center (CRA) agreed to enter into negotiations with Port Orange River Walk LLP, Port Orange River Walk LLC, and Halifax River Partners, LLC.  On August 17, 2012 and again on October 23, 2012, extensions were granted by both the City and CRA to allow for a continuation of negotiations under RFP#12-2.   On October 23, 2012, the City Council delegated authority to negotiate to Vice-Mayor Burnette.  In past CRA action, the City Manager and City Attorney were authorized to negotiate on behalf of the CRA.   This current authorization will supersede previous delegations and will result in both the City and CRA authorizing the Vice-Mayor and City Manager to negotiate contract provisions, reserving all decision making authority regarding the Land Sale/Exchange Contract to the City Council and CRA.


Staff recommends authorizing the Vice-Mayor and City Manager to negotiate revisions to the September 15, 2012 draft contract with Port Orange River Walk LLP, Port Orange River Walk LLC, and Halifax River Partners, LLC, reserving all decision making authority regarding said contract to the City Council and Community Redevelopment Agency for Port Orange Town Center.


Item 22 -        City Manager’s Report


Letter from the City of Ormond Beach

Council Chairs

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 23 -        Comments/Concerns from Council Members


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