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

                        June 21, 2005


Date:               June 13, 2005





Item 4 -  Request to Waive Building Permit Fees – Lonnie Freeman


Attached is a letter from Lonnie Freeman requesting that building permit fees be waived.


City Manager Comments:  Mr. Freeman’s home was damaged during the hurricanes last year.  However, there is no indication that Mr. Freeman pulled any permits to do any repairs on his home prior to the February 1 deadline for permit waiver.  The City Council has been consistent since that date in not waiving permit fees.



Item 5     Request from Bob Ford Regarding Halifax Drive and Riverside Drive


Bob Ford has asked to appear before Council regarding development along Halifax and Riverside Drives.


City Manager Comments:  The individuals living on Halifax/Riverside Drive are interested in preserving the nature of their neighborhood, which are primarily single family residential properties.  In determining lot size, our NP zone calls for a survey of the surrounding properties to determine the predominant size lot.  As you will recall, we had a case before the City Council sometime ago related to lot size.  They are requesting that we provide for a similar mechanism in our zoning ordinance to determine what type of unit can be built on a lot.  Currently, the zoning would allow for up to 8 units per acre.  Many of the property owners in this area are concerned about allowing that density in their neighborhood. 





Item 6  -  Firefighter Safety


I have asked Chief Weber to brief City Council on Tuesday night on a nation wide effort that Port Orange is participating in.  Over the next several days, the City will be emphasizing firefighter safety.  Nationwide there have been several firefighter deaths this year.  The Fire Chief Association and the Firefighter Unions nationwide have requested that Departments do a special emphasis on safety.  Although our Department incorporates safety procedures into all of our training, placing special emphasis on safety and safety procedures is an excellent way to re-enforce our commitment to safety and safe operations.


Item 7  -   Report from KemperSports Management


At this time, representatives of KemperSports will make a report to the Council regarding Cypress Head Golf Course.


Item 8  -   Audit Report – The Golf Club at Cypress Head


At this time, the audit report for Cypress Head Golf Course will be discussed.





Item 9 -    Bid Award  - Canalview Boulevard Guardrail


Staff advertised and received two bids to install guardrail along the east side of Canalview Boulevard, from Dunlawton Avenue to Nova Road.  This stretch of road has a very narrow roadside shoulder with a steep bank and drainage ditch and a guardrail would be additional safety for motorists.  As shown on the attached summary, R.J.P. Enterprises Inc. is low bid vendor with a bid of $102,001.00. Funds are available in Account # 00143005416300, Project # OMI011.


Staff recommends Bid No.B05-17, Canalview Boulevard Guardrail, be awarded to low bid vendor, R.J.P. Enterprises Inc. for a total cost not to exceed $102,001.00.


Item 10 -  Florida Detroit Diesel – Annual Preventative Maintenance on Generators


Staff has determined the need to have regular preventative maintenance tasks performed on the generators to ensure they will operate properly during emergency events such as hurricanes and storms.  Florida Detroit Diesel has provided an annual quote of $3,766.00 to perform quarterly, semi-annual and annual maintenance tasks on all eight (8) generators.  Florida Detroit Diesel has been called upon in the past to service generators when not operating properly and staff is satisfied with their performance.  The quote letter attached provides a detailed list of the services to be performed and at which interval.  Funding is available in Account # 001-1000-580-4611.


Staff recommends approval to have Florida Detroit Diesel perform annual preventative maintenance on the generators for an annual cost not to exceed $3,766.00.


Item 11 -  Request to Reject all Bids Received for Painting the YMCA


Staff solicited bids for the painting of the Port Orange YMCA. During the hurricanes last year the building suffered water intrusion, which was again highlighted during the bidding process.  At the prebid conference, it was determined that the electrometric paint alone would not suffice for coating and diverting the water problems.  At the time, an architect was retained to do an analysis of the building so that the City would have a better understanding of its problems.  The bids came in and were put on hold while that analysis was completed.  Since the analysis is now completed and it has been determined that the building is in need of repair, staff is now recommending that all bids be rejected and once the repairs have been completed, the painting be rebid.


Staff recommends rejecting all bids received for the painting of the Port Orange Y.M.C.A.


City Manager Comments:  We have received an engineering report on the building.  It is not simply painting the building that is needed according to the report.  There are roof repairs as well as siding issues that need to be addressed before painting.  We need to complete the analysis and put together a financial plan to make the building repairs.


Item 12 - “Piggyback” Purchase of Lift Station Bypass Pumps with City of Fort Lauderdale


On April 26, 2005, City Council approved the purchase of a single sewage lift station bypass pump.  Acquisition of this unit brings the Public Utilities Department inventory to a total of two pumps for its 102 sewage lift stations.


On June 7, 2005, the City Council directed the City Manager to seek to purchase additional units, as opposed to renting them.  Utilizing the same Ft. Lauderdale contract, Public Utilities recommends that the City acquire no less than three but no more than five additional pumps, depending upon the available funds and balancing similar needs for the Public Works Department.  The City Manager has indicated that acquisition of these units is to be funded out of the “fleet fund.”


The new pumps will be equipped with state-of-the-art sound dampening measures because it will be utilized in residential neighborhoods.  In addition to hurricane preparedness, these units can be of routine assistance when routine lift station pump failures occur.  Specifically, the unit can be set up and left to work unattended overnight.  (Presently, we address these types of emergencies by using employees on overtime to operate the vactor truck and keep the system from surcharging.)


Staff recommends that Council approve a purchase order to Thompson Pump and Manufacturing Company, Inc. in the amount not to exceed $151,485 for manufacture and delivery of five diesel-powered trailer-mounted lift station bypass pumps under terms from a “piggy-back” of Fort Lauderdale Bid No. ITB 442-9030.


Item 13-         Approve Engineering Fees, Preliminary Design for Bent Oaks, Raintree and Southport Drainage Improvements


During the past hurricanes, Bent Oaks, Raintree and Southport subdivisions experienced flooding.  Staff requests approval to have the engineering firm of Quentin Hampton Associates Inc investigate and prepare preliminary designs and recommendations for drainage improvements in these areas.  Quentin Hampton has provided a fee estimate of $26,340.00 and a copy of their letter is attached for your review.  Upon review of the recommendations from Quentin Hampton, the City may be able to incorporate the drainage improvements of these areas into or along with these associated with the Cambridge Basin project.  Funds for the preliminary design work are available in Account #41518005416397. Project  #DIP002.

Staff recommends approval to have Quentin Hampton Associates Inc. proceed with preliminary design work on drainage improvements for Bent Oaks, Raintree and   Southport subdivisions for a cost not to exceed $26,340.00


Item 14-         Emergency Aide Agreement – Halifax Paving, Inc.
Staff has determined the need to contract with outside vendors prior to disasters such as tropical storms and/or hurricanes for assistance in the clean up of debris.  By doing so, the City is guaranteed to services and equipment that will be solely dedicated to the City and the rates are set as per agreement.


Halifax Paving Inc. is willing to contract with the City and a copy of their rate agreement is attached for your review.


Staff recommends approval of the emergency aide agreement with Halifax Paving Inc. for the removal of debris following disasters such as tropical storms and hurricanes.


Item 15 -        Emergency Aide Agreement – Set Materials, Inc.


Staff has determined the need to contract with outside vendors prior to disasters such as tropical storms and/or hurricanes for assistance in the clean up of debris.  By doing so, the City is guaranteed to service and equipment that will be solely dedicated to the City and the rates are set as per agreement.


Set Materials Inc. is willing to contract with the City and a copy of their rate agreement is attached for your review.


Staff recommends approval of the emergency aide agreement with Set Materials Inc. for the removal of debris following disasters such as tropical storms and hurricanes.


Item 16 -   Storage Tank and Site Pollution Liability Insurance – 2005-2006 Coverage


In order to provide the broadest financial protection for incidents arising from an environmental event involving fuel storage tanks and three City facilities, staff recommends the selection of the proposal provided by Liberty.  Proposals were solicited, through City’s insurance markets specializing in this type of coverage; three insurance companies submitted five proposals and twelve companies declined to offer a proposal or imposed unacceptable conditions, which limited coverage.  Liberty has an A.M. Best’s Rating of A, XV.


Premiums for the 04-05 policy term were $7,462.00 for coverage only for duel storage tank pollution liability.  The premiums for the 05-08 policy term will be $26,353.34 which includes all fuel storage tanks and three operating sites: Fleet Maintenance Facility, Garnsey Water Plant and Reclaimed Water Plant.  The increase in premium cost is due to: (1) the insurance companies reluctance to insure three underground tanks which will be removed during the upcoming policy year and (2) the broadening of the coverage to include three City facilities which have the potential for an environmental loss exposure.


Staff recommends the selection of Liberty for the fuel storage tank coverage for the policy term June 21, 2005 through June 21, 2006.  Further information can be obtained from Bob Newell, Risk Manager.


Item 17 -   Request to Hold Port Orange Family Days at Municipal Complex


Previously, the City Council approved the request from the Port Orange Family Days to hold their annual event at the Municipal Complex on October 6, 7, 8, and 9.  Due to scheduling changes, the group has requested that the event be held on September 29, 30, October 1 and 2.  Staff recommends that Council authorize Family Days to held at the Municipal Complex on September 29, 30, October 1, and October 2, 2005.


Item 18 -    Quentin L. Hampton Associates, Inc., Engineering Fees for Construction  Phase of B-23 Canal Phase II


Quentin Hampton Associates have submitted an estimate of engineering fees for services required for the construction phase of the B-23 Canal Phase II project.  As shown on the letter attached, fees should not exceed $97,709.00 and include costs associated with the post-construction water quality monitoring services.  Funds are available in Account #41218005416397, Project #DIP024.


Staff recommends approval of Quentin Hampton Associates engineering fees for construction phase of B-23 Canal Phase II for the total not to exceed $97,709.00.


Item 19 -   Development Activity Report for May 2005 and the Building Activity Report for April 2005


The attached Staff Reports include the Development Activity Report of May 2005 and the Building Activity Report of April 2005.  These reports provide information on proposed development and projects under construction, commercial code enforcement activity and monthly building permits and inspection updates.


Staff recommends that Council accept the Staff Reports (Monthly Development Activity Report and the Building Activity Report) for April and May 2005.



Item 20 -   Agreement with the Jefferson Group


Attached is material from the Jefferson Group.  Staff recommends that Council approve the agreement authorizing the Jefferson Group to represent the City in Washington, D.C., on matters concerning Rose Bay. 


City Manager Comment:  I am recommending that we employ the Jefferson Group “Piggybacking” the Volusia County agreement with the Jefferson Group.  They will be responsible for working with the Florida Legislative Delegation, Committee Staff, and the Corp of Engineers to obtain funding for Rose Bay.  They will be responsible for tracking the legislation and making sure that the City’s request for funding is properly handled next year if funding is not obtained this year.  We have learned in the past few weeks that things are different in how funding is being allocated for the 206 program.  As I have indicated to you, I authorized the Jefferson Group to begin work last week because the Senate is marking up the Water Resources Bill.  You have seen email from the group.  I am recommending approval subject to the City Attorney working out any legal issues that are particular to Florida in their standard agreement.





Item 21-    Citizen Advisory Committee for MPO


A representative of the Citizen Advisory Committee for the MPO will make a report to Council at this time.





Item 22 -    First Reading – Ordinance No. 2005-24 – Amending Section 74-161 and Section 74-164 of the Code of Ordinances Relating to Drainage Utility Fee and Collection


The attached ordinance provided authorizing to the City to collect Stormwater Drainage Utility Fees through the non-ad valorem tax collection process and still maintain traditional collection methods for those customers not subject to ad valorem tax.  Staff recommends approval.


Second Reading:   June 28, 2005




Item 23 -   Second Reading - Ordinance No, 2005-4-  Annexation –Port Orange Investments, Inc. (Waters Edge) 36.24 Acres (continued to certain of June 21, 2005)


We recommend approval.


Item 24-   Second Reading - Ordinance No. 2005-5- Annexation - Port Orange Investments, Inc. (Waters Edge) 10.01 Acres (continued to date certain of June 21, 2005)


We recommend approval.

Item 25-  Second Reading -  Ordinance No. 2005-3- Adoption of Fall 2004 Comprehensive Plan Use Amendment – Port Orange Investments, Inc. – Waters Edge (continued to date certain of June 21, 2005)


We recommend approval.


Item 26 -   Second Reading – Ordinance No. 2005- 19 – Rezoning – From A (Agricultural) to PO (Professional Office) – Bartos


We recommend approval.


Item 27 -   Second Reading – Ordinance No. 2005-20 – Rezoning – From A (Agricultural) to R-10SF (Single Family Residential) – Dalford and White


We recommend approval.


Item 28 -    First Reading – Ordinance No. 2005-25  - Small-Scale Future Land Use Amendment – Eugene Heldreth, Jr.


The purpose of this map amendment is to change the land use designation of 1.42 acres located at 969 Alexander Avenue from Urban Low Density Residential (4-8 units/acres) to Warehouse/Industrial.  If approved, the applicant proposes to rezone the northern portion (0.90 acres) of the property to “CI” (Commercial Industrial).  Currently the property has split zoning with the northern portion (0.90 acres) zoned “NP” (Neighborhood Preservation) and the southern portion (0.52 acres) zoned “CI” (Commercial Industrial).  The staff report is attached for review.


Please note that the subject amendment must be reviewed by the Volusia Growth Management Commission between the first and the second reading.


Planning Commission Recommendation:      At the May 26, 2005 meeting, the Planning Commission recommended approval, 4-0 (Commissioners Barker, Bickel and Lasky excused) of an amendment to the Future Land Use Map of the City of Port Orange Comprehensive Plan-Update ’98.


Staff Recommendation:   Staff recommends that Council approve Ordinance No. 2005-25 amending the Future Land Use Map of the City of Port Orange Comprehensive Plan-Update ’98, for property located at 969 Alexander Avenue, from Urban Low Density Residential (4-8 units/acre) to Warehouse/Industrial, as recommended by the Planning Commission.


Second Reading:  This Ordinance will be scheduled for second reading when Volusia Growth Management Commission has completed its review.


Item 29 -   First Reading – Ordinance No. 2005-26 - Rezoning – From NP (Neighborhood Preservation) to CI (Commercial Industrial) – Eugene Heldreth, Jr.


The purpose of this amendment is to rezone approximately 0.90 acres located at 969 Alexander Avenue from “NP” (Neighborhood Preservation) to “CI” (Commercial Industrial).  The property is also subject to a Future Land Use Map amendment (Case File # 05-20000003). The rezoning application cannot be finalized until City Council approves the Future Land Use Map amendment.  If the rezoning request is approved, the applicant intends to maintain the property at its current state.


Planning Commission Recommendation:  At the May 25, 2005 meeting, the Planning Commission recommended approval 4-0 (Commissioner Barker, Bickel and Lasky excused), to rezone approximately 0.90 acres located at 969 Alexander Avenue from “NP” (Neighborhood Preservation to “CI” (Commercial Industrial).


Staff Recommendation:  Staff recommends to adopt Ordinance No. 2005-, rezoning approximately 0.90 acres located 969 Alexander Avenue from “NP” (Neighborhood Preservation) to “CI” (Commercial Industrial), as recommended by the Planning Commission.


Second Reading:  Second Reading of the Ordinance will occur concurrent with the Small Scale Land Use Amendment Second Reading.



Item 30 -  Lot 2 Gateway Center Roof Tile Color – Determination of Compliance with Port Orange Gateway Center MDA


The Port Orange City Council approved the site plan and architectural elevations for Gateway Center development at its meeting on March 16, 2004.  The Master Development Agreement for Port Orange Gateway Center PCD requires the outparcel buildings to match the appearance of the Bob Evans building, with respect to architectural style, colors, and materials.  Recently, however, staff has noticed that the roof tiles now being installed are a different color than what had been represented to the City by the contractor.  Staff met with the developer and contractor on June 8, 2005, to discuss the issue.


Staff and the developer are asking the Council to determine if the blue tiles now installed meet the intent of the Gateway Center Master Development Agreement and fulfill the developer’s obligation in this regard.  This is the same process that was used to approve the Target building roof tiles.  Samples of the Bob Evans tile, Staff-approved roof tile, and roof tile now installed will be provided at the Council meeting.  Please see the attached memorandum dated June 9, 2005, for more information.





Item 31 -   Second Reading – Ordinance No. 2005-21 - Transportation Impact Fee


We recommend approval.


City Manager Comments:  On Monday, June 13, we had a conference call with Volusia County.  We are attempting to work out the details to avoid any ordinance conflicts.  Margaret and I are recommending that we continue this Ordinance allowing us an opportunity to resolve any potential conflicts.





Item 32 -  Approve Wrecker Service Contract (Continued to date certain of June 21, 2005)


This item was continued until the meeting of June 21, 2005.





Item 33 -  Town Park HOA Street Lights


I am still attempting to obtain information from FPL.  We will provide the Council with a report on Tuesday.



Item 34 -    Economic Development Incentive Relief – Mohammad Bahrami


Mr. Mohammad Bahrami is initiating the development of a new expanded business on the south side of Commonwealth Blvd., east of and adjacent to the FEC railroad.  The proposed project area is just outside the Eastport CRA area.  The project will involve 3.6 acres and a 30,000 sq. ft. warehouse for “Shade & Light” Inc.   The current business is located in the Dunlawton Industrial Business Center, Samms Avenue.  The attached letter application represents that current staffing will be increased by 10 to 14 new jobs.  The average wage for the new positions will be approximately $8 to $10 per hour.  The average wage for Volusia County is over $12 per hour.


The applicant is seeking to take advantage of the industrial development incentives, including a re-imbursement of all development-related fees as outlined in Chapter 20 of the Land Development Code.  Fee waivers and incentives would amount to approximately $5,000, plus various additional incentives based on the value of construction.  Port Orange development incentives are very narrow and targeted by design.  Since the project falls outside the designated incentive area of Eastport, staff recommends denial of the request.  Should Council request staff to review Chapter 20 of the Land Development Code and provide more flexibility for adjacent areas, we will be happy to do so.


Staff recommends denial of this request for a development incentive.


Item 35 -   Removal of Disaster Related Debris – FEMA


As many of you are aware, FEMA has determined that removing debris from privately maintained streets is not reimbursable.  It is the City’s position that removal of material from streets and neighborhoods is required under our solid waste ordinance. Many of the private streets are located in private mobile home parks, primarily senior adult parks.  Requiring them to remove the debris to a public right-of-way creates an extreme hardship on the residents.  The City could argue that it is the responsibility of the owners to remove the debris from the streets, not the City.  That is the argument that FEMA is using.  What they are saying is that this is private property and the owner is responsible for cleaning the private property. 



Since FEMA will not reimburse the City for removal of the debris, the City has the following options:


1.                  The City can continue to collect the debris from the private roads under provisions of the current solid waste ordinance.  The City would bear 100% of the cost associated with the collection of the debris off these streets.

2.                  The City could notify the private property owners that they will be required to remove the debris from their property.  The City could designate a collection point where the debris could be removed to or the City could tell the property owners that they would be responsible for the disposal of the debris.

3.                  The City could notify the private property owners that they will be assessed 75% of the cost associated with the collection of storm debris off their streets.  The 75% is the reimbursement amount that the City receives from FEMA.

4.                  The City, working with VCOG and other cities and counties, could petition Congress to have the rule changed.  This is the first storm event that we have had private roads questioned by FEMA. 


City Manager Comments:  On June 28, we will be discussing with the City Council policies that we adopted last year during the storm.  Many of the policies were adopted pursuant to Emergency Management Policies and procedures.  This is an opportunity for us to discuss with the Council the rationale and to receive input and direction from the City Council related to the policies.  This briefing will occur at 5:00 p.m.


Item 36 -   Discussion - Flu Shot Program


Fire & Rescue will be giving their final report on the 2004 Vaccine Program, which will cover the flu and pneumonia shots, revenue generated and associated expenses.  Also, there is a memorandum in the packet from me related to changes that I have proposed in the flu shot program.  I think it is very important that we have a formal policy related to the program expenses.  Also, there is a memorandum from Russ Rafferty concerning the proposed fee structure for this fall.  If there is no objection, we will be bringing the fee resolution to the City Council in July.  We are proposing that the City charge the same amount that all other public agencies participating in the Volusia Flu Fighter Program charge. 





Item 37 -  Comments/Concerns from Council Members


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


Planning Commission Minutes