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

August 2, 2005


Date:               July 25, 2005





Item 4 -           Proclamation – Port Orange Firefighters Appreciation Week


Attached is the proclamation supporting the Port Orange Firefighters in their annual campaign for the Muscular Dystropy Association.


Item 5 -           Financial Planning Week


Attached is a proclamation for “Financial Planning Week.”  Rudi Hoffman will be in attendance to receive the proclamation.





Item 6 -           Approval of Minutes


Attached are the minutes of the April 19, 2005, Special Meeting and the April 19, 2005, Regular Meeting.  If you have questions, please contact either Shirley Kelly or me.  We recommend approval.


Item 7 -           Update on Water/Sewer Construction Projects


Attached is the report from Quentin L. Hampton’s.  If you have questions, please contact Rick Fernandez, Mark Hampton, Roger Smith, or me.


Item 8 -           Update on Recreational Facilities


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


Item 9 -           Approval of Agreement with Metropolitan Planning Organization


Attached is the agreement for the City’s membership with the Metropolitan Planning Organization.  The agreement outlines the fee that is due from the City of Port Orange in the amount of $5,322.  Staff recommends that Council approve the attached agreement and authorize payment.


Staff recommends that Council authorize the Mayor and City Manager to execute the attached agreement with the Metropolitan Planning Organization for FY05/06 and authorize payment of annual dues in the amount of $5,322.


Item 10 -        Re-Scheduling of September Council Meetings


I would like to recommend that the City Council meet Tuesday, September 6, and Tuesday, September 20.  Both William Whitson and Mr. Parker will be out of the City on September 27.  ICMA is meeting September 25 to 28.  As you know, William is the President of the Florida City-County Management Association and Mr. Parker is completing his term on the ICMA Board of Directors at this conference.  Both will be attending this conference. 





Item 11 -        Report from Environmental Advisory Board


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





Item 12 -        Site Plan Approval – CVS Pharmacy


This is a request to approve the Final Site Plan for CVS Pharmacy, as recommended by the Planning Commission. If approved, the developer intends to construct a 13,000 square-foot retail pharmacy with a drive-thru facility.


Planning Commission Recommendation:      At its June 30, 2005 meeting, the Planning Commission recommended approval, 6-0 (Commissioner Gutauckis excused), of the Final Site Plan for CVS Pharmacy. The Commission’s recommendation is subject to the following conditions:



On May 18, 2005, the Environmental Advisory Board (EAB) voted 4-0 to send a recommendation to City Council supporting the payment of $7,027.00 to the tree bank for mitigation of the 47-inch live oak tree that will be removed as part of this project.  Three of the seven EAB members were not in attendance at that meeting.  On June 28, 2005, the City Council voted unanimously at second reading to approve the 14th Amendment to the Countryside PUD MDA and CDP.  Approval of the 14th Amendment also included approval for the removal of the historic tree and the contribution of $7,027.00 into the City’s tree mitigation bank. 


Revised submittals were received from the applicant on July 1 and July 21, 2005, which addressed all remaining outstanding technical comments from the City Attorney’s office.  Therefore, all of the conditions of approval, as recommended by the Planning Commission, have been addressed.


Staff Recommendation: Staff recommends approval.






Item 13 -        Resolution No. 05-62 - Vaccine Program 2005-06


The Volusia/Flagler Flu Fighters Committee met on June 1, 2005, to discuss the upcoming flu season and associated costs.  The Committee, after reviewing the overall costs for the shots and the anticipated Medicare reimbursement, adopted the recommendation of the State Department of Health.  Staff recommends that Council approve the attached resolution for vaccine fees as established by the Volusia County Health Department and Volusia/Flagler Flu Fighters Committee.  Flu shots will cost the public $25 and pneumonia shots will be $40.


Item 14 -        Resolution No. 05-63 - Adoption of Policy Related to Use of Vaccination Revenue


Some weeks ago, I submitted a recommendation related to policy issues concerning the vaccination program.  The attached resolution adopts those policy recommendations.  Attached is the policy memorandum which the Council endorsed.


City Manager’s Comments:  Two months ago, I made a recommendation to the City Council related to the vaccination revenue policy.  Those are now being brought forward to the City Council for formal adoption.  On August 23, staff will review the vaccination budget for the year with the City Council.  This will be done prior to the budget public hearing.





Item 15 -        Resolution No. 05-64 - St. Johns River Water Management District Stormwater Cost Share Agreement


In an effort to improve the water quality of Rose Bay and alleviate drainage issues in the Cambridge Basin, the City plans to make application to the St. Johns River Water Management District Cost-Share grant program seeking funding assistance.  The request will help construct the North, South and Central elements of the overall Cambridge Basin stormwater drainage plan.    The total project cost for the construction, engineering, land acquisition, and inspection services are $11,000,000.  Port Orange requests $5,500,000 (50%) from St. Johns and the City matches that request with $5,500,000 (50%).   The City’s match derives from the 2005 Drainage Bond.  If you have any questions, contact Kent E. Donahue or Andrew Giannini (Quentin L. Hampton, Associates


Staff recommends that Council approve the attached resolution authorizing the City Manager to submit a grant application to the St. Johns River Water Management District Stormwater Cost-Share grant program, authorize the Mayor and City Manager to executed any contracts or agreements, and provide a match.


City Manager’s Comments:  The St. Johns River Water Management District has a grant program for drainage improvements.  The City has been very successful in working with the District.  We are submitting this grant application to the Water Management District to request funding for Cambridge.  Although there is not a specific limit on the amount of funds St. Johns can award, there is a budget limit at St. Johns.  Realistically, the most we could expect to receive from St. Johns this year is between $300,000 to $500,000.  We believe we will be able to receive additional funding next year from St. Johns for this project.


In order to obtain additional monies from St. Johns, we will need to keep this project before the Legislature.  We will need a waiver from the State in order to obtain funding for Cambridge in the future if construction is already started before the project is funded at the State level.  We will be asking for a letter from St. Johns to incur cost on the project awaiting it coming forward on the State’s priority funding list.  Cambridge is a Surface Water Improvement Program (SWIM) project.  It is on a priority list prepared by St. Johns. 


Item 16 -        Economic Development Incentive Relief – Mohammad Bahrami (Continued to Date Certain of August 2, 2005)


Attorney Robert Riggio has asked that this item be continued until August 16, 2005.


Item 17 -        Word of Faith Church


Attached is a contract with Word of Faith Church.  There are two variations of the contract.  The first is an agreement that would give the City a purchase price of $3,200,000 if we closed within 45 days.  The other would give the City a purchase price of $3,300,000 with a three-month closing period.  We have several meetings set up over the next few weeks.  It is a great property but there are a lot of uncertainties.  In fairness to the Church, both of us have negotiated the contract. The Council needs to make a determination on whether to submit the contract to the Church for the property.  Although we will have to pay now, I do not see any way we can meet the 45 day closing that they have proposed

I have not worked out the financing plan for the acquisition.  I have been working with John Slavens at Capital Development Group in Orlando.  Mr. Slavens’ group often acquires properties such as this one and does a sale/lease back.  This has potential and possibilities.  Another option is for the City to acquire the property with bonds and lease it out or sell a portion of the building to others.  A third option is to create a third entity who would be composed of VCOG, MPO, VWA, and the City of Port Orange.  These four entities would be the owners of the building.  A lease revenue stream from the entities would be used as the security pledge for the property.  There are several iterations of this option.


I would like to have in the contract a provision that the City can assign the contract.  That would give us total and complete flexibility.  Be aware that the City has not budgeted any money for this building acquisition, nor are there any funds budgeted for any renovations to the building.  We do have interest in the building from others but no commitments. If the City moves forward with the contract, it will require a maximum effort on everyone’s part to close the deal.  It will require decisions to be made by groups other than Port Orange.  CDG has looked very preliminarily at the building.  They think it has the potential of being expanded to 45,000 square feet; however, that would take more analysis of the building and structure itself before a final determination could be made.


City Manager’s Comments:  At this point in time, I do not have a solid funding plan in place for the project.   I cannot guarantee the City Council that we can put together a funding plan that would meet the church’s deadlines.  CDG has told me that without tenants they would not close on the project.  It is prime property and a lot of people are interested in acquiring the property.   It is difficult for me to put together a funding plan at this point.  An option is to notify the church that we cannot meet their deadline and continue to work with CDG and other groups.  If we can put together the workable funding plan, then we can make an offer on the building and close quickly.


Item 18 -        Resolution No. 05-65 - Florida League of Cities – 2005 Florida Cities of Excellence Awards Program – Mayor of the Year


The Florida League of Cities has established the 2005 Florida Cities of Excellence Award Program to acknowledge the many things cities and city employees contribute to the quality of life in Florida.  The City proposes to submit an award nomination under the Mayor of the Year Award category to recognize Port Orange’s Mayor for his judgment, initiative, integrity, innovation, professionalism, commitment, and citizen relations.


Staff recommends that Council approve the attached resolution authorizing the City Manager to submit a Mayor of the Year Award nomination to the Florida League of Cities under their Florida Cities of Excellence Awards Program and to authorize the Mayor and City Manager to execute any contracts or agreements.





Item 19 -        Comments/Concerns from Council Members


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

























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