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

                        July 23, 2013


Date:               July 18, 2013





Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call




Item 4 -           Police Recognition Awards


The police department will present two Awards of Merit.


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.


Item 6 -           Ken Hooper – Water Report


Ken Hooper will be present to discuss the water report.




Item 7 -           Sunset Cove HOA – Susan O’Hanlon


Susan O’Hanlon requested to make a presentation to Council regarding Sunset Cove Drive speeding concerns.


Item 8 -           Volunteers at the golf course – Lance Green


Lance Green requested to discuss volunteers at the golf course with Council.


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




Item 9 -           Approval of Minutes

a.    May 4, 2013 – Budget Workshop

b.    June 11, 2013 – Joint Special Meeting with Town Center CRA

c.    June 18, 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 -        Project Manager’s Report


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


Item 11 -        Crime Report


The police department has provided a report which details criminal activity in the last quarter.

Item 12 -        Award of Bid #13-23 – Herbert Street Sidewalk (Golden Gate Circle to Nova Road)


The sidewalk improvements are a Local Agency Project (LAP) that is funded by the FDOT with a 10% cost sharing agreement with the City of Port Orange.


Four bids were opened and evaluated by the City on June 25th, 2013 and deemed responsive. Of the four bids, Sparks Concrete LLC submitted the lowest bid of $173,298.85; however, they have since withdrawn the bid due to their own error and omission in their bid. The second lowest bid was submitted by Sanderson Concrete Construction for $189,508.90; however upon Staff investigation, it was determined that they did not meet the required Contractor qualifications as specified in the bid documents. The third and fourth bids were for $232,057.43 and $282,691.00 by Tomoka Construction Services, Inc. and Barracuda Building Corporation respectively, in which both contractors are qualified. City staff and the City’s engineering consultant Zev Cohen and Associates have worked with Tomoka Construction Services, Inc. in the past and find their work to be competent and thorough with general knowledge in the areas of work associated with this project.  Based upon evaluation of the bids, it is recommended that the contract be awarded to Tomoka Construction Services, Inc. in the amount of $232,057.43.  In addition, the FDOT has provided their concurrence with the recommendation to award this project to Tomoka Construction Services, Inc.


Project No.: OMI008             Funding Account No.: 301-4300-541-6397 & Grants-301-4310-541-6397


Staff recommends awarding Bid No. 13-23 Herbert Street Sidewalk project to Tomoka Construction Services, Inc. in the amount of $232,057.43 and authorizing the Mayor and City Clerk to sign and execute all contract documents.


Item 13 -        Approval to use sole source supplier ETR, LLC for major repair on Fire Ladder Truck #1491 to replace ladder assembly and swivel


The Ladder Truck referenced above is a 1999 model that is scheduled to be replaced in FY 2015 at a cost of $950,000. It is the only Ladder in the City Fleet. It was determined that the purchase could be deferred for two years if the Ladder could be rehabilitated. The ladder apparatus on the truck now cannot be certified as it has certain structural weaknesses that necessitates this repair work. Staff recommends approval to make the repairs referenced above at a cost of $42,163.63


Funding Account No.: 50345005195220


Staff recommends approval to utilize sole source supplier ETR, LLC for replacement of ladder assembly and swivel for a cost of $42,163.63.


Item 14 -        Site Improvement Agreement for the O’Reilly Auto Parts Store Site Plan, 3720 Nova Road, Case no. 13-80000002


The O’Reilly Auto Parts Store will be located at 3720 Nova Road, on the west side of Nova Road, south of Samms Avenue. The proposed Site Improvements Agreement has been prepared in conjunction with the site plan for the O’Reilly Auto Parts Store and associated off-site improvements. The Site Improvements Agreement is for the extension of a public gravity sewer and water line from Nova Road to the western boundary of the subject property.  The Land Development Code requires the extension of the sewer and water lines to serve the adjacent, unserved property. These improvements will be constructed along with the site improvements for O’Reilly Auto Part Store.  The agreement is attached for review.


Staff recommends approving the Site Improvements Agreement for the O’Reilly Auto Parts Store Site Plan.


Item 15 -        Deed of Dedication of a Portion of Samms Avenue for the O’Reilly Auto Parts Store Site Plan, 3720 Nova Rd, Case No.  13-80000002


Per the Land Development Code (LDC), the ultimate right-of-way width for Samms Avenue between Nova Road and Oak Cove Place is 50 feet. Currently there is a 30 foot right-of-way for Samms Ave. between Nova Road and Oak Cove Place. In the general area shown on the attached map (Exhibit “A” – Location Map); an additional 10 feet of land is to be dedicated to the City as right-of-way. The dedication of right-of-way is required by the LDC and 1st Amendment to the Nova Depot PCD Master Development Agreement for upgrades and improvements of Samms Avenue.


The property owner, All Aboard Storage, LLC, is providing the City half of the remaining required right-of-way (10 feet) for Samms Avenue as a condition for the approval of the O’Reilly Auto Parts site plan. The other 10 feet of right-of-way could be obtained from the property located across from the proposed O’Reilly’s if that property is redeveloped at some point in the future.


Staff recommends accepting the dedication of a portion of Samms Avenue right-of-way for the O’Reilly Auto Parts site plan.


Item 16 -        Change Order No. 2 to Standard Contract for Services with Diamond Quest Corporation


On June 26, 2013, the Cypress Head Pumping Station suffered non-repairable damage to its surveillance equipment due to a lightning strike.  $13,185.00 in replacement equipment is required to restore functionality and proper surveillance at this station.   An insurance claim for this damage has been filed through Risk Management.


The City’s original contract with Diamond Quest Corporation dated October 16, 2012 was for $39,312.00.  With the previously approved Change Order No. 1 ($13,918.00), and the requested Change Order No. 2, the new contract price will be $66,415.00. 


Project No.:    MME003                                Funding Account No.:       40302005336497


Staff recommends approving Change Order No. 2 to the Standard Contract for Services with Diamond Quest Corporation in the amount of $13,185.00 for the replacement of surveillance equipment at the Cypress Head Pumping Station, and authorizing the Mayor and City Clerk to sign all required documents.  


Item 17 -        Agreement between Quentin L. Hampton Associates, Inc. and the City of Port Orange for contract design, and construction phase assistance for Spruce Creek Ball Field renovations.


In order for the Parks & Recreation Department to do necessary renovations to the ball fields located within the Spruce Creek Road Park to accommodate ninety (90) foot High School Regulation fields for competitive and City co-sponsored baseball leagues it is necessary to expedite the contract so that Quentin L. Hampton can handle the design, and construction phase assistance for the renovations.  A new contract has been prepared and attached hereto for approval and signature by the City Clerk and Mayor.


This project is funded in account number:  317 1000 519 6397.


Project No.:                QPC 050        Funding Account No.:       317 1000 519 6397


Staff recommends approving the contract with Quentin L. Hampton Associates, Inc. for the design, and construction phase assistance for the renovations of the ball fields at Spruce Creek Road Park subject to City Attorney and City Manager’s approval of the contract documents and waiving purchasing policy for request for proposals, subject to review and approval of all contract documents by the City Manager and City Attorney.


F.    FINANCE (Wayne Saunders)


Item 18 -        Audit Recommendations Update


Finance will provide a progress update on Forensic and External Audit recommendations.


Item 19 -        Finance Report


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


Item 20 -        Resolution No. 13-36 – Budget Appropriations


City council approved application for a State EMS Matching Grant for purchase of heart monitors on March 19, 2013. Further, City Council authorized the City Manager to execute the agreement.


Council approved a Department of Health grant for replacement of hydroflouorisilic acid chemical feed system at the Garnsey Water Plant on June 25, 2013.


Further, additional sponsorships/donations were received and related expenditures identified for the Centennial event. In addition, a donation was accepted for a park bench.


Council approved a contract for the sale of dirt from the wellfield.


On March 26, 2013 Council approved the police Department to host a clandestine lab safety certification class.


The attached budget resolution provides for the recognition of the budget changes recommended to address the funding and related costs. Staff recommends approval of the attached Resolution.  Please see the attachments for the specific detail.


Staff recommends approving Resolution No. 13-36.


Item 21 -        FY2014 Budget – Millage Rate and Public Hearing motions


For the Fiscal year 2013-2014 budget the Council is required to establish a proposed millage rate and debt millage rate.  In addition the Council is required to establish public hearing dates for the adoption of the Fiscal year 2013-2014 budget. 


The attached exhibit outlines the recommended motions. 


Staff recommends approval.


Item 22 -        Resolution No. 13-31 – CIP approval


The Capital Improvement Program (CIP) is a spending plan for capital projects for FY14 through FY19. This plan is reviewed and adopted each year and the FY14 projects will become part of the proposed FY14 Capital Budget. The detailed plan was presented to the City Council at the May 4, 2013 meeting. The plan has been amended resulting in a budget reduction of $1,591,000. Attached is a CIP Summary sheet indicating the reduction in the Requested Funded Projects amount from $8,573,000 to $9,982,000. Also included is the CIP FY14 Funding Sources/Summary that shows the various funding sources. Please note that the $1,591,000 reduction is entirely in the Lease & Replacement Fund 505 that was reduced from $2,585,000 to $994,000. The CIP FY14-Fund 505 Lease and Replacement Detail is included showing how the savings impacted various funds.


Staff recommends approval of Resolution No. 13-31.





Item 23 -        First Reading Ordinance No. 2013-10 – LDC Text Amendment/Chapter 17 – Planned Unit Development (PUD) and Planned Commercial Development (PCD) Regulations Case no. 13-25000002


At its April 23, 2013 meeting, the Planning Commission recommended approval of the proposed amendment to allow commercial, office, recreation and government/public uses along with residential uses in a Planned Unit Development (PUD) and to clarify and update requirements for a Planned Commercial Development (PCD) and PUD.


As part of the ongoing effort to improve the aging Land Development Code (LDC), staff’s research found that sections of the code pertaining to PUD and PCD zoning districts had inconsistencies and requirements that needed updating.


1.         Allow a mix of uses in a PUD. The code currently limits PUDs to residential uses only. Since 1990 there have been a number of approved mixed-use PUD projects with substantial commercial components. This amendment will clarify the inconsistent application.


2.         Clarification of processes and past practices related to the required amount of open space and common open space for a project, modifications to a MDA or CDP based on revisions made by Council during the approval process, assignment of maintenance responsibilities, and applicability of variances.


3.         Remove duplicated procedural requirements from Chapter 17. In the fall of 2012, the City Council approved text amendments to the LDC to consolidate all procedural requirements for development review into Chapter 3. The duplicate language related to PUDs and PCDs was inadvertently not included with that clean-up amendment.


Staff recommends adopting Ordinance No. 2013 – 10, amending Chapter 17 of the Land Development Code (LDC), as recommended by the Planning Commission.


Item 24 -        Resolution No. 13-30 – Building Permit Fee Resolution Amendment


The proposed Building Permit Fee Resolution amendment will allow the Building Official authority to consider construction contract values when calculating building permit fees for all multi-family buildings and any other commercial projects where the value of any one building, or the cumulative value of all buildings in a unified project, is $3 million or greater.


Since 2000, City building permit fees have been based on a proportion of the estimated construction value of a project as determined by the International Code Council or Southern Building Code Conference International (SBCCI) Building Valuation Data (BVD).  The BVD information represents average construction costs per square foot and is updated twice each year to ensure current values based on variations in economic and other factors.  Using the BVD as the construction value component of permit fee calculations is common practice in Florida communities.


Under the current Port Orange Fee Resolution, the Building Official does not have authority to consider any other method to determine construction value for calculating building permit fees for new construction.  Over the years, the City has not had any major conflict using this approach.


However, in the past year as the economy has improved and more diverse construction projects have been submitted for review, staff believes there may be certain project types where using the BVD may not accurately represent actual construction costs and could result in estimates substantially higher than actual costs leading to high permit fees. 


Building permit fees are required to be reasonable to defer the City’s cost of permit processing, plan review, and inspections.  The proposed amendment will allow the Building Official to consider contract construction prices for limited new construction projects where the BVD average cost information may not be the best available to ensure reasonable fees.  Although this change could reduce future revenues in the Building Special Revenue Fund in an amount difficult to predict, it will allow fees to be reasonable related to the cost of services.


The limitation to multi-family buildings and large commercial projects is based on general research of past permits showing that discrepancies in BVD and contract construction value are more likely with these construction types or scale of buildings.  Staff will continue to monitor the fee calculations for appropriateness as the economy continues to improve and new projects are considered.


Staff recommends approving Resolution No. 13-30.


Item 25 -        Resolution No. 13-38 – Proposed Utility and Drainage Easement Vacation – Lot 81, Skylake Phase I Subdivision


Staff has received an easement vacation application for a 5.00 foot wide portion of a 10.00-foot wide utility and drainage easement located along the rear of Lot 81 of the Skylake Phase I subdivision development. Mary Jarvis, the property owner, has made this application in connection with a proposed pool and pool deck to be constructed in the easement area.


The easement vacation application and legal description have been reviewed for completeness and accuracy. The area has been inspected with respect to City codes and possible effects to adjacent properties resulting in no outstanding concerns. A building permit application has been received for the proposed pool. The pool and deck will not encroach in to minimum side or rear yard building setback areas and will not exceed total allowable lot coverage. City departments have reviewed this request and have no outstanding concerns. There are no drainage or utility improvements proposed for this area. Utility company release letters have been obtained for the area of the easement described in Exhibit “A”. This portion of the easement may be vacated since it is not being used.


Staff recommends approving Resolution #13-38, vacating a utility and drainage easement located on Lot 81 of the Skylake Phase I subdivision development per the attached legal description Exhibit “A”.


Item 26 -        Historic Tree Removal Request – 1031 Dunlawton Avenue, Proposed Wawa Gas Station


At its May 21, 2013 meeting, the Environmental Advisory Board (EAB) recommended approval (6-0 member Chapman absent) of the proposed historic tree removal request to remove trees #11, #12 and #15 as shown on plan SP-15 with a minor change to preserve tree #2. 


The Environmental Advisory Board met in April and again in May to discuss the tree removal proposed for this site.  Board members had the opportunity to visit the site between meetings with a full size plan for reference.  The development team consisting of the Project Engineer, a certified Municipal Arborist and representatives of the developer and Wawa presented the Wawa site plan and answered questions at the meetings. 


The intended re-use of the property would be difficult to achieve without the removal of trees #11 and #12 due to their location internal to the site.  In addition, these two trees have physical decay as noted in the arborist’s report and verified by staff examination.  The site plan can be adjusted to preserve tree #15; however the lean and signs of soil heaving and compression indicate a potential for failure. It is nearly impossible to determine when the tree will fail; however this tree overhangs an existing vehicular path.  In the interest of long-term public safety this tree should be removed.  Historic trees approved for removal on commercial property are to be mitigated pursuant to Resolution 02-71.  Mitigation for the three historic trees is tabulated to be (15) 4-1/2” caliper, 14’ tall replacement trees or a $5,031 tree bank contribution.  Staff recommends approval of the historic tree removal request to remove trees #11, #12 and #15 subject to mitigation outlined in Resolution 02-71, as recommended by the Environmental Advisory Board.


Staff recommends approving the historic tree removal request as shown on plan SP-15 with a minor change to preserve Tree #2, as recommended by the Environmental Advisory Board.


H.   CITY ATTORNEY (Margaret Roberts)


Item 27 -        City Attorney’s Comments


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 28 -        Resolution No. 13-37 – Palmer College Revenue Bond Amendments


See memorandum of Peter L. Dame, Esq., Bond Counselor for the City of Port Orange.


Staff recommends approving Resolution No. 13-37.


Item 29 -        City Manager’s Comments


This has been placed on the agenda so that the City Manager can bring items to the City Council attention and to provide information about ongoing city activities.




Item 30 -        Comments/Concerns from Council Members


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


Item 31 -        City Council Committee Reports


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