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 27, 2013


Date:               August 21, 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 -           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 -           Audit & Budget Advisory Board Report


Chairman Ted Noftall and other members will be in attendance to answer any questions Council may have.




Item 7 -           Youth Advisory Board


Patrick Burnette and Katarina Figueroa have submitted an application to serve on the Youth Advisory Board.

Mr. Burnette is a 7th grader at Silver Sands Middle School. His application is attached.

Ms. Figueroa is a Junior at Spruce Creek High School. Her application is attached.

Staff recommends appointing Patrick Burnette and Katarina Figueroa to the Youth Advisory Board.

Item 8 -           Planning Commission


Richard Barker’s term is expiring in September, 2013. He has expressed an interest in being reappointed to the Planning Commission.

There have been two other citizens; Donald T. Traster and Richard (Dick) Smith, who have submitted applications for appointment to serve the City. Their applications are attached, along with Mr. Barker’s application from his original appointment in 2003.

The new term is for two years and will expire on September 21, 2015.

Staff recommends appointing one applicant to the Planning Commission.


Item 9 -           Parks & Recreation Advisory Board


There is one vacancy on the Parks & Recreation Advisory Board. The term is for two years and will expire on February 15, 2013. Mr. Collins’ application is attached for your review.

Staff recommends appointing Michael Collins to the Parks & Recreation Advisory Board.



Item 10 -        Youth Baseball Tournament - Steven Staudt


Steven Staudt requested to address Council regarding fees for a youth baseball tournament


Item 11 -        Richard Caton - Port Orange’s 1962 Land Annexation


Mr. Caton wanted to discuss a very important period of time in the history Port Orange.  During the course of two months in 1962, the future of Port Orange was determined with the annexation of 6,500 acres.  Prior to the annexation, Port Orange’s city limits measured no more than two square miles, and was much smaller in terms of land area than its neighbor to the north South Daytona. 

Port Orange’s annexation of the land west of the FEC Railroad tracks was initiated by then Mayor Wilbur Willis to block Daytona Beach’s annexation of Harbor Oaks and Allandale.  In February 1962, Daytona Beach had annexed the land between the Daytona International Speedway and the Samsula Airport (Spruce Creek Fly-In).   

Mr. Caton served on both to the Zoning Board and the Planning Board from 1961 to 1972. 

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




Item 12 -        Approval of Minutes

a.    July 16, 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 13 -        Project Manager’s Report


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


Item 14 -        Addendum No. 94 to the 1980 contract with Quentin L. Hampton Associates, Inc. for Preparation of the Reclaimed Water Plant FDEP Operating Permit Renewal Application


The Florida Department of Environmental Protection (FDEP) requires that the Operating Permit for the Reclaimed Water Plant (RWP) be renewed periodically. The current RWP Operating Permit #FL0020559 expires on May 31, 2014. Renewal applications and accompanying attachments must be received by the FDEP six months before the scheduled permit expiration date.  Significant work efforts and data collection are required in advance of the permit application submission to FDEP.


Over the years, QLHA has provided permit application renewal services to the City of Port Orange as well as many other public utility providers within the State of Florida.  Public Utilities RWP & Engineering staff recommend that QLH be authorized to provide the services as detailed in Addendum 94.  Funds are currently budgeted for this purpose in the Sewer Plant Replacement Project.


Project No.:  SSP 002                 Funding Account No.: 403-0400-535-6397      


Staff recommends approving Addendum No. 94 to the 1980 contract with Quentin L. Hampton Associates Inc. in an amount not to exceed $17,500, and to authorize the Mayor and City Manager to sign all required contract documents.       


Item 15 -        Request to Apply for the United States Fire Administration Assistance to Firefighter Grants Program-for Staffing for Adequate Fire and Emergency Response (SAFER) Grant


The Department of Fire & Rescue is seeking approval to apply for the United States Fire Administration Staffing for Firefighter and Emergency Response (SAFER) grants to request grant funding for 3 firefighter positions (1 additional  FTE per shift).  The grant guidelines have changed from previous requirements whereby the grant will fully fund salaries and like benefits for the 3 positions but, do not cover for the cost of personal protective equipment and uniforms. Moreover, there are no committals or promissory obligations to fund these positions once the SAFER funds sunset after the second year.  Fire-Rescue staffing cannot be reduced for the two year SAFER funding.  One main change to SAFER guidelines for the 2013 period is there are no third year funding commitments for the City of Port Orange to assume SAFER personnel in the event there are no vacancies available to fill.


The 3 firefighter positions we propose for 2013 SAFER would staff1 additional firefighter per shift assigned to an engine company. This will realize a reduction to overtime costs and will add an additional position on each 24/48 shift rotation.  The additional staffing assistance provided under SAFER will assure that fire and emergency medical responses are met with the adequate staffing resources for our customers.  The objective is to assure that our citizens are protected in as safe a manner possible with the most effective and efficient costs provided.


Staff requests authorization to apply for USFA AFG SAFER Grant to fund 3 additional firefighter positions for two years.  The additional resources will effectively staff fire apparatus realizing savings on overtime.  The proposed 3 positions will backfill vacant positions in the third year.


H.   FINANCE (Wayne Saunders)


Item 16 -        Resolution No. 13-40 – Budget Appropriations


The City has received insurance proceeds for the replacement of stolen equipment.


City staff has conducted a budget execution review of the various police trust funds.


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. 13-40.


Item 17 -        Resolution No. 13-41 – Amending Resolution 09-42 – Utility Rate Tables


This amendment to the City’s utility rate tables will correct gaps in the ranges for base usage for Motel, Hotel, Commercial and Industrial users with 8 in. and 10 in. meters found in Sec. 17 D. on page 17 of the resolution.  The current resolution indicates a range of 42,001-162,000 for the 8 in. and 60,001-180,000 for the 10 in.  leaving gaps between the base usage and excess ranges that start at 168,001 and 240,001 respectively.  The current 162,000 has been amended to 168,000 and the current 180,000 has been amended to 240,000 to close the gaps.  This issue was discovered during the recent forensic review by CRI.


Staff recommends approving Resolution No. 13-41.


Item 18 -        Audit Recommendations Update


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


Item 19 -        Monthly Finance Report


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


I.      POLICE DEPARTMENT (Jerry Monahan)


Item 20 -        First Reading – Ordinance No. 2013-13 – Noise Ordinance Amendment


This amendment is needed for consistency between the required noise meters currently used by the City and those required to be used by the Code. This amendment also increases the enforcement opportunities of this section by broadening the scope of individuals that may be held responsible for noise/light violations.


Staff recommends approving Ordinance 2013-13 amending Chapter 42, Article IV of the Code of Ordinances.



J.    CITY ATTORNEY (Margaret Roberts)


Item 21 -        Altamira update


The City Attorney will provide updates regarding the Altamira project, if any.


Item 22 -        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 23 -        YMCA Discussion


The Port Orange YMCA proposed a 7,500 square feet expansion to its existing facility.  This would be accomplished through a design-build arrangement administered by the City.  The current lease would be amended to include additional payments (see pro forma) and lease amendment proposal.


Item 24 -        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 25 -        Comments/Concerns from Council Members


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


Item 26 -        City Council Committee Reports


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