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

April 15, 2014


Date:               April 10, 2014





Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call




Item 4 -           Comments/Concerns from Council Members


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




Item 5 -           Police Department Recognition Awards


The police department would like to present six Awards of Merit and one Award of Achievement.




Item 6 -           Parks & Recreation Advisory Board Appointment – Patricia Barraco


There is currently one opening on the Parks & Recreation Advisory Board. Patricia Barraco has agreed to serve on the Board. The term is for three years and will expire on February 15, 2017. Her application is attached for your review.


There are no other applicants at this time.


Staff recommends appointing Patricia Barraco to the Parks & Recreation Advisory Board.


Item 7 -           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 8 -           Parks & Recreation Advisory Board Report


Chairman Jack Wiles will be in attendance to provide details of the Board’s recent meeting and answer any questions Council may have.




Item 9 -           Technology & Robotics Education, Creekside Middle School’s Team Green Grand Champion for the State of Florida


Team Green from Creekside Middle School will be present to discuss their recent competitions and their upcoming travel to Canada to represent the State of Florida at the World Championships, as well as demonstrate their robots.


Item 10 -        Thomas Radulewicz – 107 Barefoot Trail – Lien reduction request


Jim Morris, Attorney for Thomas Radulewicz, will be present to request a lien reduction for the property located at 107 Barefoot Trail.


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




Item 11 -        Approval of Minutes

a.    March 24, 2014 – Joint Special Meeting with Audit & Budget Board

b.    March 25, 2014 – Regular City Council Meeting

c.    March 31, 2014 – Joint Special Meeting with Parks & Recreation Board

d.    April 1, 2014 – Special City Council Workshop – Rate Study

e.    April 1, 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 12 -        Staff Reports - Building Activity Report and Monthly Development Activity Report for March, 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 13 -        Bike Week Report


The Port Orange Police Department will present a report that will detail the number of traffic violations, sound violations, activity and complaints that were investigated during Bike Week.


Item 14 -        Second Amendment to the Contract for Professional Engineering Services for Site Development with Kimley-Horn and Associates, Inc. for the design modification of the Town West Blvd. and Williamson Blvd. traffic signal


The scope of work contained in the Second Amendment provides professional services to update a traffic signal design for a fully operational signal with related features at a proposed 4-legged intersection of Williamson Boulevard and Town West Boulevard. The signal was initially designed in 2009 for the existing 3-legged intersection and revised in 2012 to an emergency traffic signal.  


Funds are budgeted and available for this purpose.


Project No.:                POL021         Funding Account No.:       306-4300-541-63-97


Staff recommends approving the Second Amendment to the Contract for Professional Engineering Services for Site Development with Kimley-Horn and Associates, Inc. in the amount of $23,900.00, and authorizing the Mayor and City Clerk to execute the Contract Amendment.


Item 15 -        Amended and Renewed Standard Contract for Services with Applied Aquatic Management, Inc.


In April, 2012, the City and Applied Aquatic Management, Inc. entered into a Standard Contract for Services pursuant to Bid No. 12-26.  The bid document provides for an initial contract term of one year, with five optional one-year renewals.  Contract extension will include change order to add new retention area at the Dunlawton Improvements project (additional $1260.00 per year).  Funding for the golf course portion (annual cost $5,700.00) is now funded from Public Works drainage account as shown below.


Funding Account Nos.:      41218005413414 - $36,444.00

                                                00144005723414 - $  2,688.00


Staff recommends approving the Amended and Renewed Agreement for Services with Applied Aquatic Management, Inc. for treatment of lakes, retention ponds, canals and ditches pursuant to Bid No. 12-26, total annual cost $39,132.00, and authorizing the Mayor and City Clerk to sign all required contract documents.


Item 16 -        Approval of Change Order #1 for YMCA Pool Deck Renovations Project with Artesian Pools, Inc, Daytona Beach, FL


On February 4, 2014, City Council approved the award of the YMCA Pool Deck Renovations project to Artesian Pools, Inc.  Construction proceeded on February 17 and recently concluded.  As part of “value engineering” a deductive change order was identified immediately prior to construction, but was not processed until now as there was potential for additive change orders once the old deck was removed.  Ultimately, approximately $10,000 in savings was offset by more than $24,000 in additions.  These items are identified below:


1.         Delete center foundation section for pool deck                         $  (5865.00)

2.         Change brick pavers at northeast to non-pervious                       (3900.00)

3.         Delete concrete slab planned for north elevation                           ( 684.00)

4.         Add acrylic coating over additional sidewalk (per YMCA)              2043.00

5.         Remove and replace 50 SF sidewalk on east elevation                   350.00

6.         Repairs to existing pool lights and electrical work per Code      12281.13

7.         Re-route water line to outside pool deck                                           3925.00

8.         Install new wood trim under gazebo for aesthetics                           138.00

9.         Install outdoor carpet on 14’ x 60’ slab (per YMCA)                        4300.00

10.       Install additional deck drain piping to tie into existing drainage      500.00

11.       Install steel strapping on scupper that was separating from beam 200.00

12.       Added incidental work from YMCA and project engineer              1010.00


Change Order Total                                                                                                   $14,298.38


The additional funds are available from the YMCA renovation project, and will reduce the funding available for the remainder of the project work.   


Project No.: QPC056                                 Funding Account No 106-1000-572-63-97


Staff recommends approving Change Order #1 to contract (Bid # 14-16) for the YMCA pool renovations in the amount of $14,238.98.


Item 17 -        Police K9 Retirement/Transfer


K9 Damon has to retire from the police force for medical reasons. K9 Damon is a full-service dog trained in both drug detection and apprehension. Thus, offering the animal for sale to the general public is simply not an option. Therefore, we are requesting authorization to donate K9 Damon to Sgt. Bird who possesses the necessary training to control the animal and who has already established a bond with the animal after working with K9 Damon for nearly four (4) years in the field.


The police legal advisor has prepared an agreement for transfer of the K9 which effectively releases the City and Police Dept. from liability for the animal’s actions once the transfer takes place. This type of transfer is consistent with procedures followed by other law enforcement agencies throughout the State.


Staff recommends approving the transfer of K9 Damon to Sgt. Bird pursuant to the Canine Transfer Agreement and authorizing the Mayor and City Clerk to execute said agreement on behalf of the City.


H.   FINANCE (Wayne Saunders)


Item 18 -        Resolution No. 14-20 – Budget Appropriation – YMCA pool renovations


This budget resolution appropriates fund equity in the 106 Recreation Facilities Fund to fund change order 1 to the contract with Artesian Pools for the YMCA Pool Deck Renovations – Phase 1 in the amount of $14,299.  This change order covers the pool lights as well.


In addition to the above change order, this resolution appropriates an additional $230,500 of 106 fund equity to cover the rest of the Phase I renovations which includes the pool heater, pool vacuum, pool blanket, lap lanes and pool furniture and Phase III which includes the remodel of the Men’s Locker Room, Ladies Lobby Restroom and architect fees.


This appropriation along with the previously approved appropriations for the pool deck and Phase II renovations total $716,549.  A total of $718,596 was previously identified as available for the YMCA in the 106 Recreation Facilities Fund.


Staff recommends approving Resolution No. 14-20.




Item 19 -        Second 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.


J.    PUBLIC UTILITIES (Jason Yarborough)


Item 20 -        Second 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.


K.   CITY ATTORNEY (Margaret Roberts)


Item 21 -        Second Reading – Ordinance No. 2014-12 - 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 -        Usage of the City Logo by Candidates


In the public participation portion of the April 1, 2014 City Council meeting, a candidate requested permission to use a blazer previously provided to the candidate when he served as a city council member.  The city logo was attached to the front pocket of the blazer.  After discussion, the City Council approved the use of the city logo by all qualified candidates.  City Ordinance (#2012-18, attached) prohibits the use of the City Logo by candidates.


An amendment to the ordinance would be required to implement the city council direction.  Discussion and direction are requested relating to the council’s desire to amend the ordinance.  The city attorney recognizes that city council has authorized another former city official to use clothing bearing the city logo after the official’s retirement.  The use of the logo on the blazer as requested by the former official would have been consistent with the past practice and the city ordinance.  However, as a candidate, the restriction on use should be applied consistently. The decision to allow use by all qualified candidates does not comply with the ordinance and is not recommended.  The city logo carries the implied authority of the city and associated liability for its use and the user’s representations.  A candidate for office has not been delegated any power or authority to act on behalf of the city.  Hence the use by all candidates may be confusing as well as create liability for the city.


Item 23 -        City Attorney 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.


L.    ADMINISTRATION (Greg Kisela)


Item 24 -        City Manager 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 to the City Council about ongoing city activities.