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

                        April 2, 2013


Date:               March 27, 2013





Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call




Item 4 -           Environmental Advisory Board Re-appointments

a.    Paul Minshew

b.    Suzanne Grubbs


Paul Minshew’s term on the Environmental Advisory Board is expiring on May 7, 2013. Mr. Minshew has served since 2007 and has expressed a desire to remain on the Board.

Suzanne Grubbs’ term on the Environmental Advisory Board is expiring on May 7, 2013. Ms. Grubbs was appointed in 2010 and has also expressed a desire to remain on the Board.

Both new terms will expire on May 7, 2016.

Staff recommends reappointing Paul Minshew and Suzanne Grubbs to the Environmental Advisory Board.

Item 5 -           Youth Advisory Board Appointment

a.    Scott Kelley


Scott Kelley has submitted an application to serve on the Youth Advisory Board. Mr. Kelley is a student Silver Sands Middle School. His application is attached for review.

Staff recommends appointing Scott Kelley to the Youth Advisory Board.



Item 6 -           Team Volusia Quarterly Update


A member of Team Volusia will be present to provide their quarterly update to Council.


Item 7 -           Water/Sewer Meter Update


Ken Hooper's report


Ken Hooper, Project Manager, will provide Council with an update on the water meter project.  Shannon Lewis, Assistant City Manager, along with appropriate staff will provide an update on the County sewer meter.




Item 8 -           Port Orange Camera Club Presentation


A member of the Port Orange Camera Club will be present to provide the City with a donation from Artist, George Cataldi.


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




Item 9 -           Approval of Minutes


a.    March 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 10 -        Construction Activity Report


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


Item 11 -        Parks and Recreation Project Updates


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


Item 12 -        Start-up Funding for Alliance of Port Orange Homeowner’s Association


At the February 5, 2013 regular meeting, the City Council expressed its support for the Alliance of Port Orange Homeowner’s Association.  Staff was asked to provide Council with a funding option for the Alliance’s request.  Rather than providing a cash contribution, fee waiver for the Lakeside Pavilion and laptop as originally requested, staff recommends providing a straight $2,500 appropriation.  This contribution, along with the $2,500 they have already received from the Police Forfeiture Fund will bring the total City contribution to $5,000, which is what was initially requested. The Alliance would be able to utilize these funds for relevant and needed startup costs. It is recommended that this amount be funded from Other Grants and Aids.


Project No.: n/a                                 Funding Account No.: 001-1000-519.83-00                 


Staff recommends authorizing a $2,500 appropriation to the Alliance of Port Orange Homeowner’s Association for startup related costs.



Item 13 -        First Reading – Ordinance No. 2013-5 – LDC Text Amendments/Chapters 2, 12, 17, and 18 (Ridgewood Corridor Plan Implementation), Case No. 13-25000001 (Continued on March 19, 2013)


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 14 -        Resolution No. 13-21 – Approving Support to Re-apportion Membership & Amend the Boundary of the Volusia TPO


The VTPO requests that the City approve Resolution 13-____ supporting the proposed expansion of the metropolitan planning area boundary and the reapportionment of the voting membership of the VTPO to include the urbanized areas of Flagler County, including portions of the City of Palm Coast and the City of Bunnell. The membership is being reapportioned and the boundary expanded to include contiguous urbanized areas within the boundary of the VTPO. The name of the VTPO likely will change as a result of the inclusion of the Flagler County communities. The name of the urbanized area is now the Palm Coast-Daytona Beach-Port Orange Urbanized Area. The VTPO Reapportionment Subcommittee, the Citizens Advisory Committee, the Technical Coordinating Committee and the VTPO Board have approved the proposed expansion plan. Attached is a copy of the proposed Reapportionment and Boundary Plan.


Staff recommends approving Resolution 13-21 supporting the proposed expansion of the metropolitan planning area boundary and the reapportionment of the voting membership of the Volusia Transportation Planning Organization (VTPO).


Item 15 -        Resolution No. 13-22 - Volusia County & Municipality Floodplain Management Plan


Volusia County enlisted the East Central Regional Planning Council (ECRPC) to prepare an update of the Volusia County Floodplain Management Plan (FMP) in alignment with the Community Rating System (CRS) guidelines.  Port Orange has been asked to be a part of the team participating in the planning process. Five of the fourteen other municipalities that are currently participating in the planning process have already approved a Resolution of Support.

The FMP is designed to encompass a snapshot of floodplain hazards throughout the county, set goals to reduce risk to people or property from flooding and its effects, and also provide separate jurisdictional plans developed as appendices of the main plan. 

The FMP update is currently being drafted and is anticipated to be finalized by the summer of 2013.  Once the FMP has been finalized it will be brought forward for adoption by City Council. Once adopted, Port Orange will be eligible for mitigation grant funding for projects identified in the FMP, in addition to complying with CRS guidelines and activities that help to reduce flood insurance premiums for residents and businesses within the Special Flood Hazard Areas. Port Orange will receive CRS credits for planning, development and adoption of the updated FMP.

Staff recommends approving Resolution No. 13-22, supporting the planning process for the development of the “Volusia County & Municipality Floodplain Management Plan”.


H.   CITY ATTORNEY (Margaret Roberts)


Item 16 -        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.


I.      ADMINISTRATION (Greg Kisela)


Item 17 -        Resolution No. 13-20 – Amending Resolution No. 13-7 ICMA-RC City Manager 401(a) Retirement Plan


The attached Retirement Plan and Administrative Agreement have been amended consistent with the employment agreement for City Manager, Gregory Kisela. Pre-tax contributions to the plan are permitted pursuant to the amendment. Exhibit A, paragraphs XV.2 and XVI.2 have been revised, see pages 7 and 8.


Staff recommends approving Resolution No. 13-20 for the ICMA-RC City Manager, Money Purchase Retirement Plan and Administrative Services Agreement.


Item 18 -        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 19 -        Comments/Concerns from Council Members


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