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

                        May 27, 2014


Date:               May 20, 2014





Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call



Item 4 -           Port Orange Elementary Schools Art Contest Winners


The Port Orange Police Department in cooperation with Wal-Mart is promoting crime prevention in the City of Port Orange by sponsoring a Crime Prevention Art Contest at all six elementary schools in Port Orange – kindergarten through fifth grade.  First place winners from each of the six elementary schools will receive a certificate, a new bicycle and a new bicycle helmet.


Item 5 -           Kent Sharples, CEO Business Alliance – Economic Development Project


Kent Sharples will provide information relating to upcoming economic development projects.


Item 6 -           Refunding Revenue Bonds, Series 2014 Finance Plan Overview


Toby Wagner, financial advisor to the City and First Southwest Company, underwriter on the planned refinancing of the 2014 Revenue Bond Issue will present the finance plan and schedule for the refunding.   


Item 7 -           Civility Month Proclamation


The Florida Bar requested a proclamation be adopted for Civility Month.



Item 8 -           Volusia Growth Management Commission (VGMC) Member Appointment – Debbie Connors


The Volusia Growth Management Commission as advised Staff that Debbie Connors’ term expires on June 30, 2014. Ms. Connors has agreed to continue serving.


Staff recommends re-appointing Ms. Connors to represent the City for the three year term beginning July 1, 2014.


Item 9 -           Code Enforcement Board Re-appointment – Luther Davidson


Luther Davidson has served on the Code Enforcement Board since 2008 and has expressed a desire to continue to serve the City. The new term will expire April 5, 2017.

Staff recommends the re-appointment of Luther Davidson to the Code Enforcement Board.

Item 10 -        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 11 -        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 12 -        Port Orange Baseball Club


At this time, the Port Orange Baseball Club will present their donation to Council for the baseball field.


Item 13 -        Scott Chesley – Festival Designs


Scott Chesley requested time on this agenda to discuss the Great Pumpkin Fest Days event.


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




Item 14 -        Comments/Concerns from Council Members


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




Item 15 -        Project Manager’s Report


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


Item 16 -        Interlocal Agreement with Volusia County School Board


The City of Port Orange has utilized school busses from the School Board of Volusia County in the past for transportation during the summer recreational programs as well as the Camp T-Rec programs.  The school board also provides certified licensed drivers in the agreement. 


It is necessary to enter into an Inter local Agreement with the School Board of Volusia County to continue contracted services and utilization of the school busses for the summer programs.  Funds to cover these services are budgeted under account 001 5106 572 4410.  This agreement is for two years.


Funding Account No.:  001 5106 572 4410 


Staff recommends approving the Interlocal Agreement between the City of Port Orange and the School Board of Volusia County allowing for continued use of school busses for summer camps and Camp T-Rec.


Item 17 -        Second Amendment to Agreement with Volusia County Fire Services for fire service coverage in certain unincorporated areas


In 1984, the City of Port Orange entered into an agreement with Volusia County to provide fire suppression and rescue services to the unincorporated areas in the southeast quadrant of the City.  Since this original agreement, there have been a series of amendments that have modified the agreed upon coverage area, and payment for services to the City from the County.  On October 1, 2012 the City of Port Orange entered into an agreement with Volusia County to provide fire services to certain unincorporated areas for the fee sum of $85,680.  On May 2, 2013 the City of Port Orange and Volusia County agreed to amend the October 1, 2012 agreement (First Amendment) to extend the terms of said agreement from February 28, 2013 to September 30, 2013. Since September 30, 2013 the City of Port Orange has continued providing fire services in accordance with the October 1, 2012 agreement.  Volusia County has continued to reimburse the city for these services on a quarterly basis. The monthly fee for this service is $7,140.00.  


Volusia County seeks to amend the First Amendment (October 1, 2012 agreement noted above).  This amendment (Second Amendment; attached) reduces the fee for services from the current ($85,680) to the following:


•           $25,000 in lieu of the monthly fee referenced above for fire suppression services into the service area for the six month period beginning April 1, 2014 and ending on September 30, 2014.  The total for the October 1, 2013 to September 30, 2014 contract period will be $67,840.00


•           $50,000 availability fee to provide fire suppression services into the service area beginning October 1, 2014 and ending September 30, 2015. 


Staff recommends approving the second amendment to the agreement between the City of Port Orange and Volusia County commencing on April 1, 2014 and ending on September 30, 2015, for the provision of fire services to certain unincorporated areas delineated in the attached map. 


Item 18 -        Change Order #1 to the current contract with Sunstate Meter & Supply, Inc. dated September 17, 2013


On September 17, 2013, City Council approved a contract with Sunstate Meter & Supply in the amount of $500,000 for the purchase of Neptune meters and associated parts. During the course of the year, staff inadvertently believed the contract amount to be $1,000,000 and continued to purchase needed inventory items for the meter change out program. This resulted in purchases that exceeded the initial contract amount by $411,510.11. Utilities staff was notified of the error by Purchasing and no further purchases with Sunstate have been made. Subsequently, all purchases with Sunstate were reviewed and it was determined that supplies in the amount of $131,211.10, while necessary, were for items not listed in the original contract. A detailed listing of items is attached. 


In order to cure the situation, Change Order #1 in the amount of $1,000,000 has been prepared to cover the cost of the materials purchased to date and add an additional $500,000 for the remainder of the fiscal year.  In addition, Amendment 1 to the original contract has been prepared to increase the scope to include the items purchased that were not within the scope of the original contract


Project:  None                       Funding Account No.:  40100001415000 (Warehouse)


Staff recommends waiving the bidding procedures and approving Amendment #1 to the contract with Sunstate Meter & Supply, approve Change Order #1 in the amount of $1,000,000 for the meter replacement program and authorizing the Mayor and City Clerk to execute all required documents. 


H.   FINANCE (Wayne Saunders)


Item 19 -        Second Reading – Ordinance No. 2014-14 – Authorizing Issuance of Capital Improvement Refunding Revenue Bonds Series 2014


This ordinance will authorize the issuance of Capital Improvement Refunding Revenue Bonds, Series 2014 not exceeding $18,500,000, to refund the outstanding 2004 bonds, other debt and to provide funding for proposed capital improvements.  Please see the attached memorandum from Peter Dame for additional information.


Staff recommends approving Ordinance No. 2014-14.


Item 20 -        Resolution No. 14-24 – Budget Appropriation – Coraci Park Phase IV ECHO Grant


County of Volusia ECHO Grant Project 14-06 was approved by the City Council on 12-3-13 to fund the construction of a second multi-purpose field with lights at the Coraci Sports Complex and to install bleacher covers, batting cages and a pre-fab maintenance building at the same complex.  This resolution budgets the $300,000 in funding that will be provided by this grant along with the required City match of $300,000 which is being funded from General Fund Reserves.


Funding Account #:  317-1000-519-63-97


Staff recommends approving Resolution No. 14-24.


Item 21 -        Monthly Finance Report


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




Item 22 -        Resolution No. 14-25– Case No. 14-35000003/Proposed Partial Plat Vacation-Countryside Commercial Center Unit II


Staff has received a partial plat vacation application for a parking easement restriction noted on the recorded plat of the Countryside Commercial Center Unit II subdivision (MB 40 PG 13, Public Records of Volusia County, FL). Humphrey Associates, Inc., the property owner of platted Lot 3, has made this application in order to eliminate the easement restriction in connection with a pending sale of Lot 3. Lot 1 (Center State Bank) and Lot 2 (BB&T Bank) will not require Lot 3 for parking. Those lots have bank businesses that completed the development review process and meet minimum parking requirements for that use. The master development agreement for the Countryside PUD states that Lot 3 is permitted for commercial use development. Lot 3 has not been developed since the plat was recorded in 1984. The owners of Lot 1 and Lot 2 have provided release documentation for that easement right.


The partial plat vacation application submittal information has been reviewed for completeness and accuracy. City departments have reviewed this request and have no outstanding concerns.


Staff recommends approving Resolution #14-25, vacating a parking easement restriction noted on the recorded plat of the Countryside Commercial Center Unit II subdivision.


Item 23 -        Historic Tree Removal Request – Lamplighter Mobile Home Park – 20 Gindy Lane


The applicant, Lamplighter, is requesting to remove one 46-inch diameter live oak tree.  The tree in question is leaning to the west and has damaged the pavement and sidewalk of Gindy Lane (photos attached to the end of the arborists report).  A consulting arborist, Don Spence, hired by the City evaluated the tree and found it to be healthy and has advised that removal is not warranted at this time.  In his report he identifies that the roots that have caused damage to the road and sidewalk have been cut and that if the tree is to be retained, root pruning with sharp tools should be used to remove any additional roots that are undermining the road and sidewalk before new pavement is installed. The report goes on to say that there is one area of decay at the end of a large branch that was pruned off many years ago and that even with the decay, the tree’s canopy is healthy, full and intact. 


Lamplighter would like to remove the tree because of liability and property damage issues.  In addition to the damage to the sidewalk and road they continue to experience fallen limbs and branches despite trimming the tree periodically to remove dead branches.  The property manager has expressed concern that a home cannot be placed on the lot that the tree hangs over and that the neighboring homeowner is threatening to leave.  Lamplighter has postponed fixing the sidewalk and road until a decision is made on the tree. 


As stated in Dr. Spence’s report it is impossible to definitively say this tree will never fail, however based on the health of the tree, staff recommends denial of the historic tree removal request.  If City Council choses to approve removal of the historic tree staff recommends that the tree be mitigated pursuant to Resolution 02-71 resulting in a tree bank payment of $6,731  or the planting of (16) 4-1/2” caliper replacement trees within the Lamplighter community.


Staff recommends denying the historic tree removal request to remove one historic tree located in the Lamplighter Mobile Home Park adjacent to 20 Gindy Lane.


J.    CITY ATTORNEY (Margaret Roberts)


Item 24 -        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.


K.   CITY MANAGER (Greg Kisela)


Item 25 -        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.




Item 26 -        Council Committee Reports


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