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

                        June 3, 2014


Date:               May 28, 2014





Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call




Item 4 -           Special Recognition Award – Police Department


Each year the Gold Wing Road Riders Association recognizes a motorcycle officer in Volusia and Flagler County as “Gold Wing Road Riders Association, Chapter FL1-H, Daytona Beach, Motor Officer of the Year.”

Officer Gregory Gaver, Jr. is the Association’s choice for 2013.  Officer Gaver is recognized for his dedication to making our community a safer place to live by promoting traffic safety. 

Item 5 -           Get Fit Port Orange Recognition and Awards

Parks and Recreation Staff will be present to provide recognition and awards to the winners of the challenge.



Item 6 -           Parks & Recreation Advisory Board Report


At this time, Jack Wiles, Chairman of the Parks & Recreation Advisory Board will provide their report to Council.


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.


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




Item 8 -           Comments/Concerns from Council Members


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




Item 9 -           Approval of Minutes

a.    May 10, 2014 – Budget Workshop

b.    May 20, 2014 – Regular 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 10 -        Construction Activity Report


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


Item 11 -        National Night Out


The Port Orange Police Department is requesting use of the City Center Circle from City Center Drive to City Center Boulevard for a National Night Out Against Crime event to be held on August 5, 2014.  This is a national event to promote Police/Community partnership.  This event would be from 11:30 am to 9:00 pm.


Item 12 -        Approval of the sale certain fire-rescue department assets


This item is in follow-up to the April 14, 2014 Fire-Rescue Department City Council Apparatus Report.


1.         At the October 6, 2009 City Council meeting, City Council unanimously approved the purchase of a medium duty EMS transport unit in the amount of $225,026.00.  This ambulance was purchased to participate in the contingency EMS transport program offered by the County, and as well as an efficiency measure to run emergency medical calls as opposed to an engine apparatus.  This apparatus has not met the desired efficiencies when compared to an engine apparatus.  Additionally when the decision was made in 2010 for the City to enter into the contingency transport service, and to purchase this ambulance, EVAC (Volusia County primary EMS transport service) was a private corporation.  On October 1, 2011 EVAC became a County agency and is now funded in part through the County general fund budget. 


Since entering the contingency transport deployment model in 2011, the fire-rescue department has completed less than ten (10) transports. The fire-rescue department recommends the 2011 ambulance be deemed surplus for disposal and sold utilizing a formal bidding process established and managed by the city’s procurement manager. Should this recommendation be approved, the fire-rescue department will reduce the agency fleet inventory by one apparatus, reduce maintenance and fuel costs, and further reduce the department operating budget by reducing the fleet lease and replacement fund annual payment for this vehicle, which is $17,000 per budget year.  The fire-rescue department will continue to participate in the tiered EMS response system through the deployment of advanced life support Engine and Quint apparatus.


2.         At the March 24, 2009 City Council meeting, City Council approved the purchase of the ZIMEK Decontamination System.  This unit was to be utilized to treat rooms and vehicles that have been potentially contaminated with bacteria and viruses, and defend from a potential pandemic event.  Further this unit would be available to the community through a business plan to re-coup the cost of the program.  A rate structure was approved at the July 27, 2010 City Council meeting for the community-wide use.

In early 2011 the ZIMEK system was placed out of service after the fire-rescue department learned the United States Environmental Protection Agency (EPA) had issued a stop use and sale of the micro-misting disinfecting solution sold by ZIMEK Technologies, as it was likely to cause harm to humans.  The fire-rescue department ZIMEK unit has been out of service since.

In late January 2014, ZIMEK Technologies released a statement that Vital Oxide, a residential, commercial and hospital disinfectant has received an approved EPA label for use in the ZIMEK micro-misting system.  Further review however reveals that this system utilizing this disinfectant in the fogging and misting mode does not serve as a stand-alone system to disinfect and clean a potentially contaminated area.  This system can only be utilized on non-porous surfaces and as an adjunct to regular manual cleaning and disinfecting procedures. 

Although ZIMEK Technologies now has a disinfectant to utilize in its current system, the manual pre-cleaning that is required to insure a successful disinfecting of an object or area, that it can only be utilized on non-porous surfaces, and that the fire-rescue department does not have the staffing to fulfill the approved community-wide business plan to reduce/re-coup costs does not make this unit a sustainable asset of the fire-rescue fleet.  The fire-rescue department recommends the ZIMEK Decontamination System be deemed surplus for disposal and sold utilizing a formal bidding process established and managed by the city’s procurement manager.


3.         In February of 2011, the fire rescue department purchased a 30 gallon compressed air system with the appropriate accessories such as hose, hose reel and nozzle.  This foam system was procured to install on the squad vehicle already in service and operated by the fire-rescue department.  It was discovered after the unit arrived it could not be installed on the squad unit due to its size and weight, and incompatibility with the construction of the squad apparatus.  This unit is in “like-new” condition.  The fire-rescue department recommends the 30 gallon compressed air system with accessories be deemed surplus for disposal and sold utilizing a formal bidding process established and managed by the city’s procurement manager.


Staff recommends deeming the 2011 International 4300 Ambulance; the 2009 ZIMEK decontamination system; and a 2011 30 gallon compressed air foam unit and accessories surplus for disposal, and approving the sale of these assets utilizing a formal bidding process established and managed by the city’s procurement manager.


Item 13 -        Approve donating City surplus property to Daytona State College and to waive the City’s surplus property and auction procedures


Staff recommends donating the books to Daytona State College for a silent auction to raise money for their Student Paralegal Association.  The books have no value to the City and the City Attorney’s Office has used electronic library services since 2000.


Item 14 -        Partnering on a Florida Department of Economic Opportunity Technical Assistance Grant


The Florida Department of Economic Opportunity (FDEO) has funding available to support a Blueways Master Plan for the Halifax River and associated waterways in Volusia County with no local match.  The partnering communities are: Daytona Beach, Holly Hill, New Smyrna Beach, Ormond Beach, Ponce Inlet and South Daytona.


The partners are willing to support of a comprehensive assessment that addresses issues common to all.  The Halifax River and smaller creeks and canals provide waterway access for residents, business owners, visitors and marine life.


Staff recommends authorizing the City Manager to partner with local communities to submit a Florida Department of Economic Opportunity Technical Assistance grant to conduct a Blueways Master Plan.


Item 15 -        City Attorney’s Quarterly Report


Attached is the City Attorney’s Report. If you have questions, please contact either Margaret Roberts or me.




Item 16 -        Final Plat & Plans and Subdivision Variance, Subdivision Improvement Agreement (SIA), and Amendment to an existing Concurrency Fair-Share Agreement/Port Orange Plantation Phase IV-Village C, Case No. 13-50000003 (Continued from May 20, 2014)


At its November 21, 2013 meeting, the Planning Commission recommended approval of the Final Plat & Plans for the Port Orange Plantation Phase IV – Village C Subdivision. The +/-15.7 acre site is located north of Town West Boulevard, between Coraci Boulevard and McGinnis Avenue. If approved, the property will be subdivided into 49 single-family lots along with associated infrastructure, stormwater improvements, and the extension of McGinnis Avenue. The staff report is attached for more information.


The Subdivision Improvement Agreement (SIA) is for the construction of public water and sewer infrastructure, sidewalks, stormwater, landscaping, street lighting and roadway improvements.  The Land Development Code requires the construction of these improvements to serve the proposed development. These public improvements will be constructed along with other private subdivision improvements for this phase of the subdivision. The agreement is attached for review.


The amendment to an existing Concurrency Fair-Share Agreement is to document the number of vested trips being used by the proposed 49 single-family lot subdivision. The City has already received the fair-share payment for the impacts on the City’s roadway network generated by the traffic associated with the proposed 49 single-family lot subdivision. In 2006, the property owner (D.R. Horton) entered into a Concurrency Fair-Share Agreement with the city based on the traffic generated for a 346 unit multi-family development (Villas of Port Orange Plantation, Ph I and II). The fair-share payment went to pay for portions of the improvements to Dunlawton/Taylor at I-95, Dunlawton/Clyde Morris intersection, Town West/Williamson signal, and Summertrees Road. D.R. Horton paid the fair-share payment in December 2006. The amendment to the Fair-Share Agreement is attached for review.


Staff recommends approving the Final Plat& Plans for the Port Orange Plantation Phase IV – Village C Subdivision and the subdivision variance to allow this phase to be developed without a backup source for irrigation water as recommended by the Planning Commission and to approve the Subdivision Improvement Agreement (SIA), Amendment No. 1 to the Concurrency Fair-Share Agreement and the Temporary Construction Easement for McGinnis Avenue.


H.   PARKS & RECREATION (Susan Lovallo)


Item 17 -        Alcohol Sales and Consumption at Special Events


The Parks & Recreation Department has received inquiries and comments from the public in reference to alcohol sales and consumption at special events occurring at City Center.  Our current code of ordinance (6-3) allows for consumption at the Lakeside Center, Riverfront Park, golf course, adult center and annex and Palmer College.  Under Florida Statute 561.422 a nonprofit can be permitted to sell alcohol at special events.  Staff has prepared a short slide presentation to discuss some the requirements of the state permit as well as suggestions from staff on the event management in terms of public safety.


Staff requests discussion and direction on alcohol consumption and sales at City Center during special events.


I.      CITY ATTORNEY (Margaret Roberts)


Item 18 -        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.


J.    ADMINISTRATION (Greg Kisela)


Item 19 -        Proposed License Agreement Along B-23 Canal (Oak Street Right-of-Way)


In November 2013, the City Council indicated that it was willing to enter into license agreements along the B-23 Canal for properties north of Main Street along Oak Street for the purpose of constructing boat davits on the upland property. Instead, Ms. Bazemore is requesting permission to construct a boat lift.  A letter and photographs are attached.


The attached License Agreement requires the licensee to carry a $1,000,000 liability insurance policy naming the City as an additional insured.  A copy is attached.  The Agreement allows for one boat lift or davits (based on City Council’s decision) to be built according to the limitations set forth in the document as Exhibit “C”.  Two Exhibit “C” documents are included in the packet for review—one for a boat lift, which mirrors the land development regulations and one for the boat davits. Ms. Bazemore would be responsible for all maintenance associated with the site. 


The Agreement does not inure to successors or assigns, so in the event the property is sold, the City has the option of requiring the improvements be removed, allowing them to remain, or entering into a new License Agreement with the subsequent property owner abutting the right-of-way. 


Staff recommends approving a License Agreement with Beth Ann Bazemore to utilize a portion of the right-of-way located adjacent to 12 Oak Street, Port Orange, Harbor Oaks Unit 1 for access and construction of a boat lift or boat davits and authorizing the Mayor and City Clerk to execute the necessary documents in a form acceptable to the City Attorney.


Item 20 -        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.