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

                        June 18, 2013


Date:               June 13, 2013





Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call




Item 4 -           Local Business Spotlight


The Port Orange/South Daytona Chamber of Commerce will spotlight a local business.


Item 5 -           Port Orange/South Daytona Chamber of Commerce Quarterly Report


A member of the Port Orange/South Daytona Chamber will be present to provide Council with their quarterly update.


Item 6 -           External Audit Report


James Moore and Company will be present to provide the external audit report to Council.




Item 7 -           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.


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




Item 8 -           Approval of Minutes


a.    June 4, 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 9 -           Staff Reports - Building Activity Report and Monthly Development Activity Report for May, 2013


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.

Staff recommends accepting the Staff Reports.


Item 10 -        National Night Out


The Port Orange Police Department is requesting use of the City Center Circle from City Center Drive to City Center Boulevard for a National Night Out Against Crime event to be held on August 6, 2013.  This is a national event to promote Police/Community partnership.  This event would be from 11:30 am to 9:00 pm.

Staff recommends approval to use the City Center Circle for National Night Out Against Crime on August 6, 2013.

Item 11 -        Annual Pollution and Remediation Legal Liability Insurance Renewal


In order to provide the broadest financial protection for incidents arising from an environmental event involving pollution and remediation exposure, staff recommends the selection of the proposal provided by XL. Proposals were solicited through the City’s insurance broker, Brown & Brown of Florida, Inc. Three insurance companies provided a response and one declined to quote coverage.


Two insurance companies provided competitively priced programs: XL, the incumbent insurer at $30,463.95 per year and Nautilus Insurance at $30,483.24. The current premium is $32,123.88.


Staff recommends the selection of XL for the pollution liability insurance coverage for the policy term from June 21, 2013 to June 21, 2014, including the coverage for Federal Terrorism Risk Insurance Act (TRIA). XL is the current incumbent and has proposed the most competitive rate. Selecting XL will allow us to see a slight decrease over last year’s premiums. XL is rated A 15 by A.M. Best Rating Guide. Brown & Brown of Florida, Inc. recommend the selection of XL.


Funding Account No.:        504-1000-519-4510


Staff recommends approving the selection of the Indian Harbor (XL) to provide underground and above ground storage tank pollution liability plus a fixed site pollution legal liability insurance coverage for the one year period from June 21, 2013 to June 21, 2014.


Item 12 -        Contract for Joint Use with Volusia County School Board


The City of Port Orange has utilized school busses from the School Board of Volusia County in the past for transportation during the summer recreational programs as well as the Camp T-Rec programs.  The school board also provides certified licensed drivers in the agreement. 


It is necessary to enter into an Inter local Agreement with the School Board of Volusia County to continue contracted services and utilization of the school busses for the summer programs.  Funds to cover these services are budgeted under account 001 5106 572 4410. Inter local Agreement attached           


Staff recommends approval.




Item 13 -        Resolution No. 13-29 – 13-1 Comprehensive Plan Amendments/CC Woodhaven LLC Case no. 13-20000001


On May 23, 2013, the Planning Commission recommended approval, 5-0 (Commissioners Jordan and Barker absent), to transmit the 13-1 Comprehensive Plan Amendments (CPA) to the required review agencies.


In 2009, a CPA, related to the project referred to as Woodhaven, shifted an approximately 70-acre commercial node near the southern end of the subject property with adjacent residential land use at varying densities. Since that time, as part of the 2010 Comprehensive Plan Update, the city created a mixed-use Future Land Use (FLU) category to serve as an alternative to separate-use categories, and encourage efficient and flexible development patterns.

The applicant is proposing to change the commercial node and some of the area around it to this Mixed-Use Center category with an associated limitation on the overall density. The proposed amendment consists of two requests:


1.         Change the FLU designation of ±119 acres of the overall 730 acres from Commercial, Rural Transition, and Suburban Residential to Mixed-Use Center.

2.         Amend FLU Element Policy 3.2.3, that provides density/intensity limits for the overall property, to limit the maximum number of residential dwelling units to 1,338 for the portion of the property west of I-95, which is consistent with the density allowed by the currently adopted FLU map.


Staff recommends adopting Resolution No. 13-29, authorizing the transmittal of the 13-1 Comprehensive Plan Amendments to the required review agencies, as recommended by the Planning Commission.


Item 14 -        Oakbrook/Willow Run Bridge Discussion


At the May 7, 2013 City Council meeting, residents of Oakbrook and Willow Run spoke to Council about the bridge connecting the two neighborhoods.  Some residents favored closing the connection and others supported leaving it open.


The connecting bridge was constructed by the developer of Oakbrook Phase II because it was required by the City’s Land Development Code and the Master Development Agreement for the Oakbrook development.  Road connections between adjacent developments (residential and commercial) are standard requirements and provide travel options to improve the overall flow of traffic on the City’s road network.


Staff from Public Safety, Public Works and Community Development analyzed several factors including crime, traffic accidents, traffic speed, school access and others.  This information is summarized in the attached report.  The research did not indicate any notable problems with public safety related to the connection.  The route between Willow Run Boulevard and Yorktowne Boulevard that includes this connection is not direct and includes a number of stop signs and turns.  These items make the path an inefficient cut-through for anyone outside of the adjacent neighborhoods.  The connection provides more efficient alternatives for Horizon Elementary school traffic and those seeking to avoid the school during drop-off and pick-up times.


Staff recommends maintaining the connection consistent with past City policy requiring interconnection of developments to allow the most efficient use of the city’s road network.


G.   CITY ATTORNEY (Margaret Roberts)


Item 15 -        Daytona Beach Shores Utility Service Billing Dispute and Mediation


The City Attorney and Lonnie Groot, Esquire, City Attorney for Daytona Beach Shores are recommending the use of John J. Upchurch with the firm of Upchurch, Watson, White & Max to serve as the mediator for an hourly rate of $575.00 per hour for a half day mediation.  The City Attorney recommends that the cost of the mediator be shared equally by the parties. Several other mediators have been contacted who have similar experience and who have comparable rates.


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.




Item 17 -        Golf Cart Discussion


The City Council discussed the feasibility of a golf cart ordinance on June 22, 2010.  Attached is the material that was prepared and presented at that time by the Police Department.

Item 18 -        Volusia County letter regarding Votran


Vice Mayor Burnette asked that this item be placed on the agenda for discussion.


Item 19 -        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 20 -        Second Reading – Ordinance No. 2013-9 – Amending the Audit & Budget Advisory Board


As requested by City Council please find attached a proposed ordinance amending the Audit and Budget Advisory Board to provide for a seven (7) member board.

Staff recommends approving Ordinance No. 2013-9.


Item 21 -        Comments/Concerns from Council Members


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