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

March 18, 2014


Date:               March 12, 2014





Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call




Item 4 -           Toby Wagner – Financing Options for Riverwalk


Toby Wagner with Southeastern Investment Securities is the City’s Financial Advisor. The City currently has outstanding, a portion of an $18,800,000 Capital Improvement Revenue Bond, Series 2004 that may present a refinancing savings opportunity. We currently have outstanding $15,820,000 on this bond. It is callable on April 1, 2014. Mr. Wagner will present different options for the City Council to consider. Depending on the assumption you make refinancing this bond issue could provide the resources to fund a portion or all of the planned Riverwalk Park. (See attached)



Item 5 -           Comments/Concerns from Council Members


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




Item 6 -           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 7 -           Audit & Budget Advisory Board Report


Chairman Ted Noftall and other members will be in attendance to provide details of the Board’s recent meeting and answer any questions Council may have.




Item 8 -           Update from Florida Hospital by Regional CEO Daryl Tol


Daryl Tol, Regional CEO, will be present to provide information relating to Florida Hospital.


Item 9 -           Update from Alliance of Port Orange Homeowner’s Associations – Karen Koch


Karen Koch will provide an update relating to the Alliance of Port Orange Homeowner’s Associations.


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




Item 10 -        Approval of Minutes

a.    January 11, 2014 – Visioning Workshop

b.    February 18, 2014 – Special City Council Meeting

c.    February 18, 2014 – Regular City Council Meeting

d.    February 25, 2014 – 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 11 -        Staff Reports - Building Activity Report and Monthly Development Activity Report for February, 2014


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 12 -        Major Special Event Request – The John E. Mealy Memorial VFW 3282 open house and parade honoring all Vietnam Veterans


City staff has received a Special Event request from Mark Van Deventer, Senior Vice Commander, of the John E Mealy Memorial VFW Post 3282. The proposed hours of the parade are from 9:00 AM, until approximately 10:30 AM, on March 29, 2014. The celebration will continue at the hall until 5:00 PM.   The event is to honor all Vietnam Veterans and their families. The parade will begin at 9:00 AM in the parking lot of the Pavilion, west of Chuck E. Cheese’s, located at 5539 S. Williamson Blvd., and proceed generally south down Summer Trees Road, head east onto Taylor Road and finish at the VFW Hall located at 5810 S Williamson Blvd.


Staff recommends approving the request of the John E. Mealy Memorial VFW Post 3282, to hold a Special Event open house and parade honoring all Vietnam Veterans on Saturday, March 29, 2014, and waiving the fees as approved by City Council on January 21, 2014.


Item 13 -        Contract with


On May 28, 2013, City Council approved utilizing for disposal of bicycles, confiscated and/or obsolete property.  Staff is requesting approval to sign the attached service agreement/contract with for their services.


Staff recommends approving the contract with for disposal of bicycles and confiscated and/or obsolete equipment.


Item 14 -        Bid 14-03 Cambridge Canal Phase I Bank Armoring – Change Order No. 2 with P&S Paving, Inc. and Standard Contract for Services with Southeast Construction Products, Inc.


On December 10, 2013, council approved the award of the Cambridge Canal Phase I Bank Armoring contract to P & S Paving, Inc. in the net amount of $1,289,776.00.  It was determined at that time that Redi-Rock would be purchased directly by the City, thereby saving the City $27,624.00 in sales tax.  Staff now recommends deductive Change Order No. 2 in the amount of $424,998.00 for P & S Paving, Inc. be approved and that those funds then be applied to the purchase of Redi-Rock from Southeast Construction Products, Inc.


Project No.: DIP053                                    Funding Account No.:  412-1800-541.63-97


Staff recommends approving deductive Change Order No. 2 with P & S Paving, Inc. and Standard Contract for Services with Southeast Construction Services, Inc. for the purchase of Redi-Rock, and to authorize the Mayor and City Clerk to sign related contract documents.




Item 15 -        First Reading – Ordinance No. 2014-10 – Rezoning/Administrative Rezoning from NP and CI to CI, 619 Lemon Street, Case no. 14-60000001


At the February 27, 2014 meeting, the Planning Commission recommended approval to rezone ±1.19 acres at 619 Lemon Street from Neighborhood Preservation (NP) and Commercial Industrial (CI) to Commercial Industrial (CI).


The Future Land Use designation for the entire property is Warehouse/Industrial. This designation indicates that the planned type of development for this property is industrial. The CI zoning district is considered compatible with the Warehouse/Industrial Future Land Use designation by the Comprehensive Plan. The residential oriented NP zoning district is not consistent with the Warehouse/Industrial Future Land Use designation.


The Comprehensive Plan and Florida Statutes Chapter 163 require the Future Land Use and zoning of a property to be consistent. Specifically, Florida Statutes Ch.163.3194(1)(b) states, “all land development regulations enacted or amended shall be consistent with the adopted comprehensive plan, or element or portion thereof, and any land development regulations existing at the time of adoption which are not consistent with the adopted comprehensive plan, or element or portion thereof, shall be amended so as to be consistent”.


The Master Development Agreement and Concept Plan for the Atlantic Marine PCD, located on properties to the north of 619 Lemon Street, provides the regulatory framework for the planting and maintenance of a 40’ landscape buffer and 8’ vinyl privacy fence along the west and south property line at 619 Lemon Street. The developer will have to install the buffer and fence on 619 Lemon Street before a Certificate of Occupancy (C.O.) can be issued on the proposed Atlantic Marine PCD site. If a development is proposed on 619 Lemon Street before the Atlantic Marine site is built, the buffer and fence must be installed before a C.O. can be issued at 619 Lemon Street.


Staff recommends adopting Ordinance No. 2014-10, rezoning ±1.19 acres, located at 619 Lemon Street, from property with split zoning of Neighborhood Preservation (NP) and Commercial Industrial (CI) to a single zoning district of Commercial Industrial (CI), as recommended by the Planning Commission.


Item 16 -        Resolution No. 14-9 - Case No. 14-35000001/Proposed Easement Vacations – Lot 2, Block 1, Countryside Commercial Center Phase I Subdivision


Staff has received an easement vacation application for an access easement, an access, drainage and utility easement, two access and drainage easements, a drainage easement, and an access and utility easement that exist on Lot 2, Block 1, of the Countryside Commercial Center Phase I Subdivision development. Ryan Stahl of Dunlawton Investors, LLC, and agent on behalf of the current property owner, has made this application in connection with the proposed Wawa development at this location. The existing Joy Luck restaurant building will be demolished. The proposed Wawa building will be constructed to face Dunlawton Avenue on a different portion of the property. The proposed design necessitates the relocation of two water lines and two access drives on the property. Replacement easements will be provided for relocated utility lines, relocated access drives, and new drainage lines to be completed with the Wawa development.


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 with the proposed Wawa development. City departments have reviewed this request and have requested the preparation and recording of separate individual replacement easements prior to final development approval and the issuance of a certificate of occupancy for the Wawa building. If approved, vacation of the existing easements will be made conditional upon the payment of current property taxes by the property owner, receipt of required easement release letters from all franchise utility companies for the utility easement areas to be vacated, the City’s receipt of the executed Site Improvement Agreement prior to the start of public improvement construction, satisfactory completion of the relocated utility lines, the City’s receipt of the as-builts for the relocated utility lines, and the recording of the replacement easements.


Staff recommends approving Resolution #14-9, conditionally vacating various platted easements on Lot 2, Block 1, of the Countryside Commercial Center Phase I Subdivision (See Exhibits “A” – “F”) in connection with the proposed Wawa Development.


Item 17 -        Site Improvements Agreement for the Dunlawton Yorktowne Site Plan, Southeast Corner of Dunlawton and Yorktowne Blvd., Case no. 13-80000004


The Dunlawton Yorktowne site is located at the southeast corner of Dunlawton Ave. and Yorktowne Blvd. The proposed Site Improvements Agreement has been prepared in conjunction with the site plan for the construction of associated site improvements to serve future commercial buildings on the subject property. The Site Improvements Agreement is for the construction of a public water line and gravity sewer line to serve future commercial buildings.  The Land Development Code requires the extension of the sewer and water lines to serve future development within the subject property. These public improvements will be constructed along with other private site improvements (access driveway, Dunlawton Ave. driveway connection, and stormwater infrastructure) for Dunlawton Yorktowne Site Plan.  The agreement is attached for review.


Staff recommends approving the Site Improvements Agreement for the Dunlawton Yorktowne Site Plan.


I.      FINANCE (Wayne Saunders)


Item 18 -        Resolution No. 14-10 – Budget Appropriation – Fire Apparatus


This budget resolution would appropriate $780,000 of available fund equity in the 505 Lease and Replacement Fund for the purchase of a new 2014 75’ Quint Fire Truck to replace the existing 1999 65’ Telesquirt Fire Truck. 


After the appropriation of the above $780K, the projected fund balance in the 505 Lease and Replacement Fund will be $2.6M at 9/30/2014.


Funding Account No.:    505-1000-519-64-00  


Staff recommends approving Resolution No. 14-10.




Item 19 -        Purchase of a 75’ Quint Fire Apparatus


At the February 3, 1998 city council meeting, city council approved the purchase of one pumper and one Telesquirt fire apparatus (item 11 under consent agenda).  On February 18, 1998 a purchase order (#024677) was processed for one 65’ Telesquirt Pumper in the amount of $356,412.  The 65’ Telesquirt was constructed by Pierce Manufacturing, Inc. and delivered to the city of Port Orange in February of 1999.  This apparatus has been in service since March of 1999. 


On November 1, 2012 the ladder assembly of the Telesquirt waterway did not pass the required annual ladder test and examination. Emergency, Tactical, Rescue Vehicles, L.L.C.  (ETR, L.L.C.) a third party vendor, was contacted by fleet maintenance in early 2013 regarding repair of the ladder assembly.  ETR, L.L.C., located in Sanford, FL, in May of 2013 conducted an inspection of the ladder and waterway assemblies.  ETR, L.L.C. advised the city that the ladder assembly would have to be replaced.  An additional issue was discovered by ETR, L.L.C. during this inspection.  The center-post hydroelectric swivel was damaged and required replacement as well.  ETR, L.L.C. provided an estimate totaling $42,162.63 to make the repairs as noted herein.


At the July 23, 2013 city council meeting, city council approved $42,163.63 to utilize a sole source supplier (ETR, LLC) to replace the ladder assembly and center-post hydroelectric swivel.  These repairs were recommended by fire and fleet staff to the city manager to make the apparatus whole (function as a pumper and elevated waterway/ladder function).  Fire and fleet staff further recommended to the city manager the scheduled FY2015 replacement could be deferred until FY2017 once these repairs are made.


In January of 2014 fire department staff learned that the manufacturer of the ladder assembly (American La France-100 year history) is no longer in business, and that ETR, L.L.C. did not have the ladder assembly at their repair facility to make the necessary repairs.   Multiple attempts to contact the ladder assembly manufacturer have been unsuccessful.  Staff has determined, in conjunction with ETR, L.L.C., that the ladder assembly replacement cannot be completed. Further, as the ladder assembly cannot be replaced, the performance of the contract cannot be met by the third party vendor ETR, L.L.C.  The city has not received any repair or replacement services from, or has processed any payment to ETR, L.L.C. with regard to the July 23, 2013 contract.


The Telesquirt apparatus has remained in-service as a reserve pumper apparatus, although the elevating waterway and ladder assembly is out of service.  In January of 2014 the Telesquirt was placed out of service and sent to the city yards for exploration of and repair of a drive-line issue.  While at the city yards, the public works mechanic identified a drive-line issue that requires repair, as well as this unit is in need of rear tires and the fire pump seals need replacement.  Aggregately public works staff estimates this repair work is estimated to cost $8,000-$13,000.  The Telesquirt remains out of service as fire staff has determined it is not efficient at this point to continue to expend funds for repair on an apparatus that is not fully functional, and has maintenance concerns.  The current impact is: no elevated master stream/ladder capabilities within the Port Orange Fire-Rescue Department; reduction in number of reserve pumper apparatus to one.


In review of public works Telesquirt vehicle maintenance records, the life-to-date maintenance costs for the Telesquirt is $287,885.85.  In the past three calendar years the maintenance cost has been $71,234.54, or 25% of the 15 year maintenance cost history.


The Telesquirt, like other fleet vehicles has been amortized through FY2014.  These lease payments are designated each year into the fleet lease and replacement fund to assist in the replacement of this vehicle, which was originally scheduled for FY2015.   The total lease charge to replace this vehicle will be $478,166 at the end of the FY2014 budget cycle.


Comparatively both the Telesquirt and the Quint provide an elevated master stream waterway to combat fires from above, fire pump, hose, assorted hand tools, EMS equipment, and ground ladders.  The Quint provides the added capability of a full ladder assembly capable of effecting elevated emergency rescue of people through an increased ladder tip load and high wall construction.  In addition a Quint carries the full complement of ISO and NFPA recommended ground ladders further increasing capabilities on the emergency scene. 


Since the purchase of the Telesquirt, the city’s risk has increased.  Today the city has 66 structures over two stories that include fifty-five that are residential and two that are hotels.  There are 385 structures that are two or more stories with common attics, which present with fire spread complications should a fire occur, and typically require an elevated master stream to combat and extinguish more effectively, and a ladder assembly to move firefighters and equipment to and from upper levels and the roof. 


Pierce manufacturing will have three 75’ Quints available beginning in March of 2014 with the last to be completed in May of 2014.  The city of Port Orange is able to access these units by piggy-backing the Florida Sherriff’s Association contract for fire-rescue vehicles.  The fire department pumper fleet is currently all Pierce.  Staff recommends the city remain with Pierce for consistency in cab operation, compartmentation of equipment, close proximity of the dealer for warranty and other technical repair work, as well as future repair and commonality of repair parts. The city has successfully accessed and utilized the Florida Sherriff’s Association contract on its most recent fire apparatus purchase, which occurred in FY2013.


The approval of this vehicle will add an additional $12,000 to the FY2015 fire-rescue fleet financing budget line.  This is in addition to the programmed $68,000 increase scheduled for the FY2015 operating budget based on FY2015 programed vehicle replacements.


Staff recommends approving the appropriation of $779,453.00 for a 75’ Quint fire apparatus to replace the 65’ Telesquirt.


K.   PUBLIC UTILITIES (Jason Yarborough)


Item 20 -        First Reading – Ordinance No. 2014-11 – Amending Reclaimed Water System Protocol


At the request of the City Council, Ordinance No. 2014-11 amends Section 74-202(c) of the reclaimed water system protocol by authorizing the City Manager, under the prescribed conditions, to suspend reclaimed water system user chargers other than the minimum monthly charges to all users in the current rate resolution.


Staff recommends approving Ordinance No. 2014-11 amending Section 74-202(c) of the reclaimed water system protocol and to authorize the Mayor and City Clerk to execute all related documents.


L.    CITY ATTORNEY (Margaret Roberts)


Item 21 -        Electronic Information System utilized by City Board Members


Adopting Ordinance No. 2014-12 providing for records management and standards for Board Members’ use of the electronic information system.

Staff recommends approving Ordinance No. 2014-12.


Item 22 -        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 23 –       Second Reading – Ordinance No. 2014-3 – Amending the Port Orange Fire and Rescue Pension Fund, Chapter 54, Article IV


Ordinances 2010-26, 2012-19 and 2012-36, which were all approved by the City Council, made a variety of changes to the Port Orange Fire and Rescue Pension Fund.  Ordinance 2010-26 was not sent to Municipal Code Corporation for codification after its adoption. Subsequently, additional ordinances were adopted and codified before the changes made by Ordinance 2010-26 were documented.  The attached ordinance amends Chapter 54, Article IV of the Code of Ordinances relating to the Fire and Rescue Pension Fund so that all adopted amendments are appropriately acknowledged and documented.  This ordinance has been reviewed by the City’s pension attorney as well as the Fund’s pension attorney.  Municipal Code Corp. has been contacted and they are prepared to correct the published Code accordingly.


Staff recommends approving Ordinance No. 2014-3 amending the Port Orange Fire and Rescue Pension Fund to incorporate changes made by Ordinances 2010-26, 2012-19 and 2012-36 and authorizing the Mayor and City Clerk to execute and codify the document.


Item 24 -        Second Reading – Ordinance No. 2014-7 – Amending the Port Orange Fire and Rescue Pension Fund, Chapter 54, Article IV, Sec. 54-80


The Port Orange Fire Rescue Pension Fund Board has requested changes to Chapter 54, Article IV, Sec. 54-80 of the Code of Ordinances to allow the board to invest in real estate directly or through an appropriate investment vehicle.  Additionally, they have requested changes in the aggregate of their investments in common stock, capital stock and convertible securities from 60% at cost to 70% at market.  The board has provided a letter of no impact from Foster & Foster.  The City’s pension attorney, Jim Linn, indicated that the ordinance is legally permissible, but recommended the City consult with its financial advisors.  The City’s financial advisors have requested additional information, as attached, in order to provide a formal determination.  The Board has requested an opportunity to address the City Council and plans to have a representative present to respond to PFM’s concerns.  If approved, second reading will be scheduled for March 18, 2014.


Staff recommends approving Ordinance No. 2014-7 amending the Port Orange Fire and Rescue Pension Fund to make changes to Chapter 54, Article IV, Sec. 54-80, Finances and Fund Management, and authorizing the Mayor and City Clerk to execute and codify the document.


Item 25 -        City Manager’s Evaluation


Mayor and Council Members will provide their annual evaluation of the City Manager’s performance.


Item 26 -        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.