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

                        August 20, 2013


Date:               August 14, 2013





Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call




Item 4 -           Tyler Kameh – Certificate of Achievement


Councilman Bastian asked that Tyler Kameh be recognized for his community service work to bring clean drinking water to a Nicaraguan Village.




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 -           Parks & Recreation Advisory Board Quarterly Report


The auditors will be present to present the payroll audit report.




Item 7 -           John Saxton – Nova Oaks Affordable Housing Project


Mr. John Saxton, representing Arrington Developers, LLC, has requested $50,000 in local contribution from the City of Port Orange for a 72-unit affordable housing project proposed for 1040 Herbert Street.  This request is being made in pursuit of tax credit financing through the Florida Housing Finance Corporation during the FY 2014 application period.   During past City Council reviews of requests for this same purpose, the Council has pledged SHIP and CDBG funds for the local contribution.  The City no longer actively participates in the SHIP program, and a conditional pledge of future CDBG funds no longer meets application requirements.    If the Council wishes to support the application by Arrington Developers, the City may provide a $50,000 grant, a $50,000 low/no interest loan, $50,000 in fee waivers, or a $50,000 fee deferral (for a minimum of one year beyond the normal payment date).  Commitments must be valid through June 30, 2014, and all loan and fee deferrals must be calculated using net present value using a discount rate of 5.50.


Staff recommends approving a commitment of $50,000 (NPV) in local contribution for the application by Arrington Developers, LLC, to the Florida Housing Finance Corporation, for tax credit financing for the Nova Oaks project proposed for 1040 Herbert Street.


Item 8 -           Port Orange Soccer Club


Councilman Ford requested that the Port Orange Soccer Club be added to the agenda to address their concerns regarding soccer fields in Port Orange.


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




Item 9 -           Approval of Minutes

a.    June 25, 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 -        Staff Reports - Building Activity Report and Monthly Development Activity Report for July, 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.

Item 11 -        2014 Critical Dates Calendars – Planning Commission


On July 25, 2013, The Planning Commission recommended approval, 6-0 (Commissioner Laney absent/excused), of the proposed 2014 Critical Dates Calendars.  These calendars are structured similar to the calendars that were adopted for 2013.  The only significant changes to the calendars occur during the months of November and December due to Holiday scheduling conflicts. 

Staff recommends approving the calendar as recommended by the Planning Commission.


Item 12 -        Annual Flood Insurance Policy Renewal: Policy Year 2013-2014


The City currently is insured through Wright National Flood Insurance Co. (previously Fidelity National Indemnity Insurance Company) for flood insurance on twenty-nine (29) locations/buildings. Attached is a list of the properties and their renewal rates. These policies cover damage to the buildings along with damage to the contents inside the buildings. The amounts of coverage on each of these locations vary depending on their value. All of the plans have a $1,000.00 deductible.


Twenty-eight (28) locations are on a policy renewal term of September 14, 2013 to September 13, 2014. The renewal is being handled through the City’s insurance broker, Brown & Brown of Florida, Inc. The current rate for these 28 locations is $33,565.00. The renewal rate for policy year 2013-2014 is $36,114.00. Wright National Flood Insurance Co. is rated A- by AM Best Rating Guide for stability and performance.


Project No.:    n/a                              Funding Account No.:       504-1000-519-4510


Staff recommends approving the renewal of the Wright National Flood Insurance Co., in the amount of $36,114, for the Flood Insurance Program with coverage period from November 14, 2013 to November 13, 2014.

Item 13 -        Addendum #93 to the 1980 Quentin L. Hampton Contract for Engineering Design for Ridgewood Waterline Crossings


The Florida Department of Transportation has recently informed the City that they will be repaving portions of Ridgewood Avenue from Fleming to Harbor Road. FDOT will allow the City to replace waterline crossings by open cut method prior to the repaving without the normal permitting time and expense. The current design project entails 4 – 8” or 10” water main crossing at several major street locations.  Addendum #93 has been drafted for the purpose of formally adding this work to the existing contract Quentin Hampton and Assoc. has with the City. 


These engineering design and survey services will allow  this project to be constructed immediately. Public Utilities Staff plans to incorporate this construction project into the previously approved bid package for Water Line Replacements on Atlantic Avenue also prepared by Quentin Hampton and Assoc. This will help the City achieve cost savings in bidding these two projects jointly.


Funds are currently budgeted in our Water System Replacement and Water System Reinforcement Projects respectively.   


Project No.:  URP 001                 Funding Account No.: 421-0800-533-6397    $6,682

                     URF 001                 Funding Account No.: 405-0800-533-6397    $6,682


Staff recommends approving Addendum #93 to the 1980 contract with Quentin L. Hampton Associates Inc. in the not to exceed amount of $13,364 and authorizing the Mayor and City Clerk to sign all required contract documents.




Item 14 -        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 (Continued from July 23, 2013)


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 15 -        First Reading – Ordinance No. 2013- 15 - Ordinance Approving the 1st Amendment to the Master Development Agreement (MDA) and Conceptual Development Plan (CDP) for the Bermuda Village Planned Unit Development (PUD), Case no. 13-40000001


At its July 25, 2013 meeting, the Planning Commission recommended approval (6-0) of the proposed 1st amendment to the MDA and CDP for the Bermuda Village PUD. The subject property is located at the northwest corner of Katherine Street and Palmetto Street (location map provided in the attached staff report).


The proposed 1st amendment provides the regulatory framework to create a 4-lot single-family infill development along with the dimensional requirements for the lots, permitted uses, and renames the PUD from Bermuda Village to Riverbank Properties.


The development proposal is to reconfigure four existing lots of record into four lots that front onto Katherine Street. The proposed new lots will be accessed from Katherine Street and developed with single-family homes, along with associated subdivision improvements as required by the Land Development Code (LDC).


Staff recommends adopting Ordinance No. 2013 – 15, approving the 1st Amendment to the Master Development Agreement (MDA) and Conceptual Development Plan (CDP) for the Bermuda Village PUD, as recommended by the Planning Commission.


Item 16 -        First Reading – Ordinance No. 2013-16 – Code of Ordinances Amendment/Special Events, Case No. 13-25000004


The proposed amendments to the Special Events regulations are intended to encourage more local events, which can boost the local economy and help revitalize older commercial areas, while maintaining an effective review process. Some business owners and citizens indicated that the current special event temporary merchant fees are a deterrent for small-scale weekend events, and the unclear definitions of “major” and “minor” events create confusion.


The proposed amendments to Chapter 58, Article III, of the Code of Ordinances relating to the special events process create more clearly defined special event categories, eliminate the temporary merchant (vendor) fees except for special events held in conjunction with regional events (bike weeks, race weeks, etc.), and establish a reduced permit fee for repeat events in good standing with the City (i.e. no violations or issues with previous event).


PLANNING COMMISSION ACTION: Recommend approval - July 25, 2013


Staff recommends adoption of Ordinance No. 2013-16, amending Chapter 58, Article III, of the Code of Ordinances relating to the special events process, as recommended by the Planning Commission.


Item 17 -        Request by Winston James Development to Reduce the Minor Subdivision Application Fee for the Review of a Minor Subdivision


On October 3rd, 2013, Winston James Development Inc., applicant/property owner, submitted a Minor Subdivision/Exemption Application to shift lot lines between four established lots within Phase III of the Royal Palm Subdivision.  The lot line shifts were requested to accommodate the placement of a single-family home on each of the lots. Staff has reviewed and approved the request.


The applicant is requesting that the City Council reduce the $2,000 Minor Subdivision/Exemption Application fee (see attached letter) to match the actual staff cost for review.  Due to the simplicity of this application, significantly less staff review time was required, as would be typical for a Minor Subdivision/Exemption Application.  The cost for staff’s review of this application is estimated to be $1205. 


The applicant (Winston James Development, Inc.,) is requesting the City Council reduce the $2,000 Minor Subdivision/Exemption Application fee to the actual staff cost for review.


H.   CITY ATTORNEY (Margaret Roberts)


Item 18 -        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 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 -        Comments/Concerns from Council Members


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