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

                        November 5, 2013


Date:               October 30, 2013





Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call




Item 4 -           Port Orange/South Daytona Leadership 2013 Proclamation


Mayor Green will present a Proclamation to the 2013 Leadership participants.


Item 5 -           Environmental Advisory Board Appointment


There is a vacant position on the Environmental Advisory Board. Derek LaMontagne has agreed to serve on the Environmental Advisory Board. The new term is for three years and expires on May 7, 2015. A copy of Mr. LaMontagne’s application is attached for review.

Staff recommends appointment of Derek LaMontagne to the Environmental Advisory Board.

Item 6 -           Environmental Advisory Board Report


Suzanne Grubbs, EAB Chair, will provide the quarterly report for the Environmental Advisory Board.


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




Item 7 -           Approval of Minutes


a.    August 13, 2013 – Joint Meeting with Council & Town Center CRA

b.    October 1, 2013 – Regular City Council Meeting

c.    October 8, 2013 – Special City Council Meeting


Attached are the City Council minutes from the recently held meetings. Should you have questions, please feel free to contact Robin or me.


Item 8 -           Construction Activity Report


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


Item 9 -           Parks & Recreation Project Updates


Attached is the update on Parks & Recreation projects. Should you have any questions, please contact Susan Lovallo or me.


Item 10 -        Crime Report


The police department will present a report which details criminal activity in the last quarter.


Item 11 -        Tif Jen Annual Landscape Maintenance Contract Revalidation with CPI Rate Adjustment


In the Spring of 2011, a competitively bid contract was awarded to Tif Jen for landscape maintenance at specific locations.  While the contract is in effect until March 31, 2014, the terms provide for an annual CPI rate adjustment effective October 1.  For FY14, the adjustment is 1.64%.

Public Works is the primary Department facilitating this contract.  Based upon the initial budget, we are requesting authorization to encumber $247,911.16 for FY14. 


Funding Account Nos.:

001-4300-541-3420=$106,798.71; 412-1800-541-3420=$8,049.89, 001-4400-572-3420=$124,815.32; 401-0600-536-3420=$8,247.24


Staff recommends revalidating the annual contract with Tif Jen for Landscape Maintenance, approving a rate adjustment in accordance with the terms of the contract, approving a total annual contract amount of $247,911.16, and authorizing the Mayor & City Clerk to execute contract documents, as necessary.


Item 12 -        Renewal of Annual Contract for Construction of Concrete Sidewalks and Curbs with Sparks Concrete


On October 11 and November 2, 2011, Council awarded the reference contract(s) to Sparks Concrete. The contract term was for an initial period of one year with up to three one-year renewals. Staff recommends approval to renew the two existing construction of sidewalks and curbs contract with Sparks Concrete.


Project No.: OMI007 (PW only)


Funding Account Nos.

Public Works, 3014300541.5363, $100,000.00

Public Utilities, 4010800536.5300, $20,000.00

Parks and Recreation, 0014400572.3414, $8,000.00


Staff recommends approving the second one (1) year renewal contract(s) for Construction of Concrete Sidewalks and Curbs with Sparks Concrete, for a total annual cost of $128,000, and authorizing the Mayor & City Clerk to execute contract documents as necessary.


E.   FINANCE (Wayne Saunders)


Item 13 -        Resolution No. 13-71 – Budget Appropriation (Coraci lights)


This FY14 resolution budgets appropriated equity in the Recreation Impact Fee Fund 611 to fund the installation of lights at the recently built soccer field at Coraci Athletic Complex and to fund the design of a second soccer field with lights at the same complex. The cost for these services, which is considered Phase III of the Coraci Athletic Complex project, is estimated at $152,920. There is currently $40,008 of Recreation Impact Fee funds leftover from Phase II of this project, which will be transferred to Phase III, so this resolution appropriates the additional $112,912 needed. With this appropriation the projected reserves in the 611 fund will be approximately $212,000 at 9-30-2014. Additional funding will have to be identified in the future to fund the actual construction of the second soccer field with lights.


Project No.:    QPC055                                 Funding Account No.:    611-5100-572-63-97


Staff recommends approving Resolution No. 13-71.


Item 14 -        Resolution No. 13-75 – Budget Appropriation (Spruce Creek Road Trail LAP Agreement)


Local Agency Program (LAP) agreement FPN 430079-1-38-01 to design the Spruce Creek Road Trail – South sidewalk from Taylor Road to Central Park Blvd. was approved by the City Council at the February 19, 2013 meeting and is ready to be budgeted.  The total cost for design is $32,077 with the FDOT funding $27,265 and the City funding $4,812.  The City’s portion is already budgeted in project OMI014 and account 312-4300-541-63-97.  The $27,265 of LAP funds will be budgeted in 312-4310-541-63-97 and project OMI014.


Project No.:    OMI014          Funding Account No.:   312-4300-541-63-97 (City Portion)


Staff recommends approving Resolution No. 13-75.   


Item 15 -        Resolution No. 13-77 – Budget Appropriation (Spruce Creek Baseball Fields)


At the City’s fiscal year ending September 30, 2013, budget appropriations lapse.  The attached Resolution re-establishes these appropriations for funding the Spruce Creek Baseball field project that was not completed by the fiscal year end.  These carryover appropriations re-establish proper budget project funding and budgetary alignment of projects.  The operating funds have the required equity balances after appropriation of this resolution.


In addition The City has received a pledge for a donation to fully fund the Spruce Creek Baseball project.  This resolution also provides for the recognition of the donated funds.


Staff recommends approving Resolution No. 13-77.


F.    PARKS & RECREATION (Susan Lovallo)


Item 16 -        Amendment No. 9 to Zev Cohen contract for Coraci Park Multipurpose Field


The third phase to Coraci Park will include a multipurpose field to accommodate both soccer and football. The field will be located adjacent the existing field at Coraci Park. Zev Cohen services are needed for design, permitting, bidding assistance and construction administration for the construction of the field.  Cost for these services shall not exceed $10,920.00.


Project No.:    QPC 055                    Funding Account No.: 611-5100-572-6397


Staff recommends approving amendment no. 9 to the Zev Cohen contract for multipurpose field design, bid package, permits, contract preparation and construction management. 


Item 17 -        Award purchase of sport field lighting to Musco


The Parks and Recreation Department is seeking council approval to award the purchase and installation of sports field lighting for the multipurpose field at Coraci Park to Musco Lighting based on a piggyback contract from Clay County.  The lighting system at Coraci is currently on this system and this would be an extension of that system.  The cost for the lights, poles and instillation is $142,000.00. 


Project No.:    QPC 055        Funding Account No.:       611-5100-572-6397


Staff recommends approving the purchase and installation of Musco lights based on the Clay County, Florida bid for the multipurpose field at Coraci Park.   


Item 18 -        Award bid 13-30 for Spruce Creek Road Park Baseball Field and to accept private donation for $100,000


Since discussion at Council on 10/22/13, the City has received an offer from a private donor in the amount of $100,000 to be matched by the City in an effort to complete the construction of the north field at Spruce Creek Road Park. Staff then went back and had discussions with the engineers, contractor and baseball club to see what could be valued engineered and what other donations could be secured to make the project move forward. Staff is requesting that Council approve to accept the $100,000 donation from a private donor and awrd bid 13-30 to A.G. Pifer in the amount of $470,183.30 and allow the Mayor and City Clerk authority to execute the contracts. In addition Staff is asking that Council approve the deductive change order in the amount of $128,381.50 making the total contract with A.G. Pifer $341,801.80. Please review the attached documents outlining the bid evaluation and award letter from QLH and the reduced scope of work and proposed project budget including the change order.


Project No.:    QPC 050                                Funding Account No.: 315-5100-572-63-97/317-1000-519-63-97


Staff recommends awarding the bid to A.G. Pifer for the construction of the North field, approve the deductive change order for the City to direct purchase the lights in the amount of $76,500 from Hunter Knepshield Company, and accept the $100,000.00 donation from donor; authorizing the Mayor and City Clerk to execute the contract and other documents for the awards to A.G. Pifer and Hunter Knepshield Company subject to A.G. Pifer approving the change order.  




Item 19 -        Resolution No. 13-72 – 13-2 Comprehensive Plan Amendment/Cypress Head (Continued October 15, 2013)


The proposed amendment is to change the Future Land Use (FLU) designation from Commercial to Urban High Density Residential (8-16 units/acre) for ±13 acres (amendment area) of an overall ±18.7-acre property. The ±13-acre amendment area is located on the southeast corner of Williamson Boulevard and Oakwater Lane. The remaining ±5.7 acres are not included in the proposed amendment and would retain the current Conservation designation.


The proposed FLU amendment is generally consistent with the City’s Comprehensive Plan policies, such as the locational criteria for the Urban High Density Residential designation, public facilities have adequate capacity to accommodate the proposed amendment, no change to the Conservation FLU designation on wetland areas within the overall property, and it is compatible with adjacent land uses. However, the proposed amendment is not consistent with the policies in the Comprehensive Plan regarding the retention of the existing commercial acreage already designated on the FLU map.


PLANNING COMMISSION ACTION: recommended approval, (7-0) on 9/26/13.


Staff recommends adopting Resolution No. 13-72, authorizing the transmittal of the 13-2 Comprehensive Plan Amendments to the required review agencies, as recommended by the Planning Commission.


Item 20 -        Residential Urban Chickens discussion


As requested by Council, please find attached research regarding urban chickens. Staff needs Council direction on this matter.


H.   POLICE DEPARTMENT  (Jerry Monahan)


Item 21 -        Resolution No. 13-76 – Local Facility Giving Program – Walmart grant


The Walmart Foundation and Facility #582 have selected the Port Orange Police Department to receive a grant through the Local Giving Program in the amount of $750.00.  These funds will be used to purchase fingerprint supplies used by the Crime Prevention Office to fingerprint children at certain events throughout the year.


Staff recommends approving Resolution No. 13-76 accepting grant funds from the Walmart Foundation in the amount of $750.00.


I.      PUBLIC UTILITIES (Jason Yarborough)


Item 22 -        First Reading – Ordinance No. 2013-23 – Suspension of Reclaimed User Charges


Staff is recommending that the City Council give the City Manager the authority to suspend reclaimed water user charges other than the minimum monthly charges for all reuse customers during exceptional times. Suspending this charge will remove the financial barrier for customers and encourage them to increase their use of reclaimed water.


It is anticipated that suspending these charges would reduce revenue by $30,000 to $50,000 a month depending on time of year.


Staff recommends approving Ordinance No. 2013-23, amending Code of Ordinances, Section 74-202(c).


J.    CITY ATTORNEY (Margaret Roberts)


Item 23 -        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 24 -        First Reading – Ordinance No. 2013-24 – Fire Pension Amendment


During the FY14 budget workshop, the City Council authorized the City Manager to re-establish the position of Fire Chief and provide a mechanism for reducing associated pension costs.  The position was advertised with two salary ranges depending upon which pension plan the candidate chose—the defined benefit pension plan or the ICMA-RC 401A defined contribution plan.  All four finalists were interested in the ICMA-RC 401A plan.

After consultation with the City’s labor attorney and pension attorney, the attached ordinance was prepared to amend the Port Orange Fire and Rescue Pension Fund to allow the Fire Chief position, only, to opt out of membership.  Second reading has been advertised for November 12, 2013. An actuarial impact statement has been requested and will be available prior to second reading.

Staff recommends approval of Ordinance No. 2013-24 amending the Fire and Rescue Pension Fund to allow the Fire Chief to opt out of membership and to authorize the Mayor and City Clerk to execute appropriate documents.


Item 25 -        License Agreements for Properties along the B-23 Canal


The City Council has authorized License Agreements with homeowners abutting the B-23 Canal on Cedar Street south of Main Street in Harbor Oaks. There are currently four active agreements which allow the property owners to construct docks and/or boat lifts in accordance with land development regulations.


The City has recently been approached by a property owner north of Main Street who has inquired whether the City Council would authorize a license agreement to construct manual boat davits for a small boat along Oak Street in the City right-of-way.  A map of the area is attached for the City Council’s review.


There are 8 properties that face the canal on Oak Street as well as 7 properties that face the canal on East Bayshore Drive. Additionally, there are 2 to 3 properties whose side yards face the canal; it is one of these owners who has inquired about the potential for a license.


Item 26 -        Consideration of Daytona Beach Shores’ offer


The City of Daytona Beach Shores has responded to the City’s request for a joint meeting.  (See attached letter.)

Item 27 -        Volusia County Safe Harbor Transitional Shelter


Please see information attached to the agenda form.


Item 28 -        City Manager’s Report


The City Manager will bring items to the City Council’s attention and to provide information to the City Council about ongoing city activities.




Item 29-         Comments/Concerns from Council Members


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