To:                   Mayor Allen Green

            Vice Mayor Mary S. Martin

                        Councilman Dennis Kennedy

            Councilman Robert Pohlmann

                        Councilman George Steindoerfer


From:              Kenneth W. Parker, City Manager


Subject:          Agenda Commentary for Regular City Council Meeting of May 3, 2005


Date:               April 28, 2005





Item 4 -           Special Recognition – Conrad Yelvington


At this time, Council will recognize Conrad Yelvington for his assistance in City pograms.


City Manager’s Comments:  Last fall, Mayor Green was looking for a unique way to bring Ryan Lochte into City Center.  As you recall, Ryan is an Olympic Champion.  Conrad Yelvington volunteered his helicopter to fly Ryan over City Center and to land at the soccer fields where young people had spelled out his name on the field.  The amphitheater was completely full to honor this young man for his achievement and for his spirit.  On Tuesday night, the Mayor and City Council will recognize Conrad Yelvington for his contribution and participation in the celebration.  Without his help and his effort, coming into the City Center complex would not have been the same.


Item 5 -           Recognition of Student Government Day Participants


The students that participated in the recent Student Government Days will be recognized at this time.








Item 6 -           LPGA Boulevard Extension Study


The Florida Department of Transportation (FDOT) is undertaking a Project Development and Environment, or “PD & E” study for the LPGA Boulevard Extension Project.  The project limits are from CR 415 (Tomoka Farms Road) south of the Volusia County Landfill entrance to its current terminus at US 92 (SR 600), a distance of approximately 3. 8 miles.  Jack Freemen, P.E., of Kittleson & Associates, Project Consultant for FDOT, will be making a special presentation on this study.  Two potential new alignment alternatives, as well as the No-Build alternative, are being considered.


No formal action is required, but the Council may elect to go on record in support of one of the alternative alignments.





Item 7 -           Concerns Regarding 5541 West Bayshore Drive


You have received a copy of a letter from residents near 5541 Bayshore Drive.  This is being placed on the Council Agenda.  Attached is the Code Enforcement Officer information on this property.



Item 8 -           Concerns Regarding Drainage Ditch Between Sleepy Hollow and Woodland


You have received a copy of a letter from residents of Sleepy Hollow.  This is a rim ditch.  It was designed into the Sleepy Hollow project when it was originally constructed to convey stormwater.  The City does have an easement.  However, the ditch is on private property.  The City has cleaned the ditch when residents have requested it to be cleaned.  Because of problems getting the trucks into the area, the materials have been placed in the yard.  Because the ditch is located in the rear yard of these properties, it does restrict their use of their land.  By filling the ditch, you may create flooding in other sections of Sleepy Hollow since this is a main drainage ditch.  This ditch does not serve the residents of Woodlake.  If it is piped, then the question becomes who pays for the pipe and its installation. 


Item 9 -           Request to Waive Permit Fees for Maplewood Estates Shelter – Doug Clark


You have a request from Mr. Clark to waive building fees for the clubhouse that he is constructing at Maplewood.  The new building will serve not only as a community gathering point for the park but will also serve as a hurricane shelter. 


City Manager’s Comments:  The Ordinance does not provide for a waiver of fees.  The City Council did for a period of time provide for a waiver of fees associated with the hurricane.  You made a finding and passed a resolution related to the fee waiver.  I am concerned that this would be construed as an unequal application and could lead to others wanting to claim that their buildings could serve as shelters, too, since they are being constructed to withstand a certain wind speed.  If you are inclined to provide a waiver of fees, I would strongly suggest that it be narrowly drawn so that it encourages shelters to be constructed in residential neighborhoods. 


Item 10 -        Petition from Residents of Halifax Drive and Riverside Drive


Attached is a petition that you have received from Halifax Drive and Riverside Drive residents.  They are requesting the City Council consider making a change to the land use regulations in the NP zone.  Currently, to determine lot size, the City looks at lot sizes within a certain circumference of the subject property.  They are recommending a similar method be used to determine the type of structure that would be permitted in the area.  They believe using a similar type of mechanism would preserve the neighborhoods rather than the current method.




Item 11 -        Approval of Minutes


Attached are the minutes of the following meetings: 


January 18, 2005 – Regular City Council Meeting

January 25, 2005 – Special City Council Meeting

January 25, 2005 – Regular City Council Meeting

February 1, 2005 – Special City Council Meeting

February 1, 2005 – Regular City Council Meeting


If you have questions, please contact either Shirley Kelly or me.  We recommend approval.


Item 12 -        Update on Water/Sewer Construction Projects


Included in the packet is the report from Quentin L. Hampton Associates, Inc.  If you have questions, please contact Rick Fernandez, Mark Hampton, Roger Smith, or me.


Item 13 -        Update on Recreational Facilities


Attached is the report from Parks and Recreation.  If you have questions, please contact either Glen Walker or me.


Item 14 -        Change Order No. 1 – Sale and Hauling of Fill Material



Halifax Paving currently has a contract with the City for purchase of 500,000 cubic yards of excess fill material.  The fill material is currently being excavated in conjunction with the construction of a 75-acre lake as part of the Reclaimed Water Recharge Reservoir and Pump Station.  The completed reservoir will ultimately include a companion 100-acre lake. 


Under the proposed change order, Halifax Construction will build the companion 100-acre lake itself (excluding the horizontal wells, piping, and mechanical and electrical systems).  Halifax will excavate and take possession of the excess fill material from the companion 100-acre lake.  Halifax will reimburse the City for the fill material in accordance with the terms of its existing contract at a cost of $2.10 per cubic yard.  Additionally, the contract acknowledges that the City has reserved 513,000 cubic yards of fill material as per the negotiated MOU for the Riverwalk area.  Ultimately, Halifax shall be responsible for the construction of the lake, the perimeter berm, and restoration of all disturbed areas, including Shunz Road.  Halifax will be paid $2.10 per cubic yard for this work, resulting in a zero cost change order.  In order to accomplish the work, the contract time will be extended to December 31, 2007.          

Subsequent evaluation of the change order conducted by the City’s Engineering Consultant, Quentin L. Hampton, found Halifax’s prices to be fair and consistent within current industry standards.  In addition, Halifax has successfully performed similar work for the City on previous occasions.   Therefore, we are requesting that Council approve the requested Change Order No.1 to the existing contract with Halifax Paving.


Staff recommends that Council approve Change Order No. 1 and waive formal bidding requirements, amending the contract with the firm of Halifax Paving for Bid B05-04 “Sale and Hauling of Fill Material,” to include excavation of fill material with no increase in contract price, and providing for a time extension for completion by December 31, 2007, and authorize the Mayor and City Manager to execute the associated contract documents.


Item 15 -        Memorandum of Understanding between the St. Johns River Water Management District and the City of Port Orange for Wetland Augmentation Demonstration Project


On November 2, 1999, Council authorized execution of an MOU with the St. Johns River Water Management District to conduct a wetland augmentation demonstration project.  Under that agreement, the City installed a potable water source used to rehydrate a wetland system adjacent to the City Wellfield properties.  In turn, the SJRWMD and its consultants conducted an ongoing evaluation of the effectiveness of this strategy to mitigate for water table impacts to the surficial aquifer.


Although this agreement expired on November 8, 2001, SJRWMD staff continues to visit the site to conduct monitoring; therefore, in order to allow the SJRWMD the time necessary to conduct its scientific research of this mitigation strategy, they have requested that a new MOU be executed with a termination date of December 31, 2009.


Staff recommends that Council approve the Memorandum of Understanding between the St. Johns River Water Management District and the City for a Wetland Augmentation Demonstration Project at the City of Port Orange Wellfield and to authorize the Mayor and City Manager to execute the agreement.


Item 16 –       Halifax Mobile Home Park Unit Purchase – 101 Second Avenue


The agreement established with residents in the Halifax Mobile Home Park in 1998 calls for an annual purchase of units from owners in the Park.  The purchase process is outlined in the Policy Handbook adopted by Council in February 2001.  This proposed purchase has met the regulations outlined by the Handbook.  Council approval is being sought for the purchase of 101 Second Avenue from Henry Coley in the amount of $3,500.00 less any fees owed to the Park.  Staff recommends that Council authorize the Mayor and City Manager to execute the contract for the purchase of 101 Second Avenue from Henry Coley in the amount of $3,500.00.





Item 17 -        Second Reading – Ordinance No. 2004-34 – Small Scale Future Land Use  Map  Amendment – Port Orange Landings, LLC (Tabled February 15, 2005)


This item remains on the table.  At the May 17 meeting, this item will need to be removed from the table for review by the City Council. 




Item 18 -        Reports from Advisory Boards


a.      Environmental Advisory Board


A representative of the Environmental Advisory Board will make a report to the Council at this time.


    1. Parks and Recreation Advisory Board


A representative of the Parks and Recreation Advisory Board will make a report to the Council at this time.




Item 19 -        Resolution No. 05-37- Budget Appropriations


Staff has reviewed the budget for the Mayor and Council  and the City Manager’s Office. The attached resolution provides for adjustments to these budgets based on projected needs.  Increases in communications and travel costs are the major factors contributing to this request.  Also this request provides for two summer intern positions in the City Manager’s office.  This resolution appropriations revenue and expense for these operations.


 Staff recommends approval.




Item 20 -        Second Reading – Ordinance No. 2005-7 – Amending Section 70-6 Code of Ordinances Relating to Removal and Impoundment of Vehicles


We recommend approval.


Item 21 -        Second Reading – Ordinance No. 2005-8 – Amending Section 6.1 Code of Ordinances Relating to Hours of Sale of Alcoholic Beverages


We recommend approval.


Item 22- Second Reading – Ordinance No. 2005-9 – Amending Section 70-36 Code of Ordinances Relating to Vehicle Parking">Item 22 -        Second Reading – Ordinance No. 2005-9 – Amending Section 70-36 Code of Ordinances Relating to Vehicle Parking


We recommend approval.





Item 23 -        Discussion – Gymnasium Expansion


Staff has new information that will allow us to expand the gymnasium without major expense to reinforce the foundation or the existing structure.  Rob Hall, Architect, has submitted his recommendations to the Port Orange Building Officials; and they have agreed with his design specifications.


Staff recommends that Council approve the expansion of the Port Orange Gymnasium to include a partnership with PAL and the YMCA.


Item 24 -        Discussion – Location of the New Parks Maintenance Facility


Enclosed is a site plan developed by Quentin L. Hampton Associates, Inc., for a new Parks Department maintenance building to be built on the site of the existing facility.  Staff anticipates operating out of the gymnasium during the construction of the new facility.


Staff recommends that Council approve the advertisement of the RFP’s on the design/build for the new Parks Maintenance facility.


City Manager’s Comment:  Why would staff recommend that we keep a maintenance facility at City Center?  The facility is located in the geographic center of the community.  The site is constrained and has no room for expansion.  However, it is in the right location.  It is estimated that this site would provide us adequate space for the next 10 to 20 years.  Because of the events that we host at City Center, having the maintenance facility at this location is a plus for the Department.  We are in need of the facility, now. 

Our insurance provider reviewed the building and indicated the City needed to move immediately to make certain improvements.  The building housing our maintenance crew was a portable building Mayor Green was able to secure from Embry Riddle about 15 years ago.  It has served the City well, but it is time to replace it.  We will have to design around some issues such as the roadway.  That will require full wall treatment as well as landscaping.  We will have architectural issues that will have to be addressed.  The buildings will have to be architecturally compatible with the other buildings on the complex.  Expansion of the facility is limited.  If the City desires to expand at this location, it will require moving the skateboard park to another location.  Is there other property located near City Center?  The answer is yes, but it is not available within the time frame that we need to move. 




Item 25 -        First Reading – Ordinance No. 2005-12 - Transportation Impact Fee (Continued to Date Certain of May 3, 2005)


This item was continued to a date certain of May 3, 2005.  The City Attorney has advised that this ordinance will be ready for first reading on May 17, 2005.


Item 26 -        First Reading – Ordinance No. 2005-18  - Calling for a General

Obligation Bond Election


This ordinance calls an election on October 11, 2005, for the purpose of considering issuing up to $17,000,000 in bonds to construct Police and Fire facilities.  Currently, the plans, if approved by voters, are to construct a new Police Station, 2 Fire Stations (reconstructing Fire Station 2 on a new site and constructing a new Fire Station off of Williamson Boulevard), and Fire Administration space.  Staff recommends approval.


Second Reading:    May 24, 2005


Item 27 -        Appointment to the Volusia Growth Management Commission


Attached is a letter from the Volusia Growth Management Commission notifying the City that the term for Ms. Donna Steinebach on the Volusia Growth Management Commission will expire on June 30, 2005.  We recommend that Ms. Steinebach be reappointed to the Volusia Growth Management commission.




Item 28 -        Comments/Concerns from Council Members


At this time, Council Members may discuss various matters of concern.