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 April 25, 2006


Date:               April 17, 2006



B.                 SPECIAL REPORT


Item 4 -           Report from KemperSports Management


A representative of KemperSports Management will be in attendance to make a report to the Council.





Item 5 -           Proclamation – Building Safety Week


Attached is a proclamation concerning Building Safety Week. 



D.                BOARD APPOINTMENT


Item 6 -           General Employees Retirement Trust Fund (1 Term Expired on February 15, 2006


An appointment needs to be made to the General Employee Defined Benefit Retirement Plan Board.  This appointment is for the member of the public designee.  George Chatley has expressed a desire to be reappointed.



E.                 CITIZEN PARTICIPATION (Non-Agenda)

F.                 CONSENT AGENDA


Item 7 -           Project Managers’ Report


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


City Manager’s Comments:  All of the Project Managers have voiced concern over the rising cost associated with the various projects they are managing.  Although the ones we have under contract are not the major concern, the ones that we are preparing to bid and also the ones that are to be constructed in the future are of concern.  Next week, you will be seeing the first rough draft of the 5 Year Capital Improvement Plan for the City of Port Orange.  Over the next several months, we will be working to bring the plan into balance with a concentration on those items that are required to meet our Comprehensive Plan requirements.


Item 8 -           Approval of Halifax Sport Fishing Club’s 18th Annual Fishing Tournament


The Halifax Sport Fishing Club is requesting permission to use the pier under the Port Orange Bridge on Saturday, May 6, 2006, from 9:00 a.m. to 1:00 p.m.  This will be their 18th annual fishing tournament benefiting mentally and physically challenged children and adults.  They also ask permission to park a small delivery truck adjacent to the fishing dock for their refreshments and prizes, and it will be relocated after it is unloaded.


Staff recommends that Council approve the Halifax Sport Fishing Club’s 18th Annual Fishing Tournament to be held on May 6, 2006, on the fishing pier under the Port Orange Bridge from 9:00 a.m. to 1:00 p.m.



Item 9 -           Approve Fire Safety Act Grant


This grant proposal is for a 4 x 4 quick attack brush unit.  Under the terms of the grant, the Federal share is 90% with the City guaranteeing funding for the remaining 10%.  The Department’s brush trucks are in need of replacement due to continual mechanical problems and are out of service more than in service.  This grant will benefit not only Port Orange but all other agencies to which we provide either mutual aid or automatic aid.


Staff recommends that Council approve submittal of the Fire Safety Act Grant EMW-2006-FG-09559 for the purchase of a brush truck in the amount of $100,000.


Item 10 -        Replacement of Portable Radios


The Police and Fire Departments are requesting authorization to purchase the attached listed digital portable radio equipment to replace the current antiquated analog radios.  This quote also includes the programming of the new radios.  The sole source quote from Communications International is $210,006.50.  A copy of the quote from Communications International is attached.


Staff recommends that Council approve the sole source purchase of 75 portable digital Jaguar radios from Communications International to replace all remaining antiquated MPA analog 800 MHz radios.


City Manager’s Comments:  This is a sole source contract because of the County-wide 800 MHz radio system.  We will hold these radios in reserve to be used during major emergencies.  Although they are out of date, they do have usefulness to us.


Item 11 -        Bid Award – Design and Installation of Three (3) Floating Docks at Causeway Park


Two bids were received for the design and installation of three floating docks at Causeway Park (S.E. Cline Construction, Inc., - $58,325; Envirocare - $80,000).  Staff recommends awarding the bid to S.E. Cline Construction, Inc., in the amount of $58,325.  Funding of the design is from a Federal grant for the full amount.


Item 12 -        Change Order No. 3 – Increase Robert Hall Construction’s Contract for Construction of the Pavilion at the Amphitheater


Change Order No. 3 is being requested because the location of the transformer on the latest drawing is not in the location where it needs to be in order to best serve the needs of the pavilion and associated uses. The new location will result in a change order for extending conduit and wire to the desired location for main service of the pavilion at the Amphitheater.  This change order increases our total contract for Phase 1A to $951,350.56.  Staff recommends approval of this change order request.  The funds for the change order are in the project contingency.


Item 13 -        Change Order No. 4 – Southmass Construction


Southmass Construction, Inc., has requested Change Order No. 4 for changes and additions to their scope of work not included in their original bid price (Change Order No. 4 sheet attached).  The total cost of all items is $52,579, which will bring the total contract price to $329,530.


Staff recommends that Council approve Change Order No. 4 to Gamble Restoration’s Scope of Work in the amount of $52,579.


City Manager’s Comments:  With historical structures, when you remove a piece to repair, you always find something else that needs repairing.  I have told Glen Walker that this is the last change order to the Southmass Contract.  We will need to submit grants to the State of Florida and to Volusia County in order to continue the renovations of the historic properties at Gamble.


Item 14 -        Halifax Mobile Home Park Unit Purchase – 103 Fourth 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.  The proposed purchase has met the regulations outlined by the handbook.  Council approval is being sought for the purchase of 103 Fourth Avenue from Edward H. Perry in the amount of $6,000.00 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 103 Fourth Avenue from Edward H. Perry in the amount of $6,000.00.


Item 15 -        Deductive Change Order – Final Acceptance, Median Landscape S.R. 5/U.S. Highway 1, Niver Street to Fleming Avenue


The U. S. 1 median landscape project is complete and has received acceptance from FDOT.  Vila and Son Landscaping Corporation has submitted a final invoice in the amount of $34,467.  This amount is a deduction of $8,338 from the purchase order amount of $42,805.  The City received credit for 14 trees that were not installed due to sight visibility issues raised by FDOT.  Staff recommends that Council approve the final deductive change order and final acceptance of Median Landscape S.R. 5/U.S. Highway 1, Niver Street to Fleming Avenue.


Staff recommends approval of the final deductive change order and final acceptance of Median Landscape S.R. 5/U.S. Hwy 1, Niver Street to Fleming Avenue.


Item 16 -        R.F.S.Q. No. 06-05 – Architectural/Engineering Services for Development of the 36 Acre Park (Coraci Property)


Staff issued a Request for Statements of Qualifications for the 36 acre Coraci Park property development.  Seven firms submitted Letters of Interest.  The Selection Committee evaluated all seven submittals and short listed the field down to three firms.  The three firms short listed were:  Bellomo-Herbert; C. T. Hsu; and the RAM Professional Group.  The committee held oral presentations from the firms and then final ranked the three firms.  That final ranking is:  1 – Bellomo-Herbert; 2 – The RAM Professional Group; and 3 – C. T. Hsu.  Staff recommends that Council approve the final ranking and authorization to enter into contract negotiations with Bellomo-Herbert, the team ranked as number one.


Item 17 -        R.F.S.Q. No. 06-06 – Architectural Services for Police and Fire Facilities


Staff issued a Request for Statements of Qualifications for the Police and Fire (Public Safety) related projects that will be forthcoming.  The Selection Committee short-listed the firms down to three.  The Committee then heard oral presentations from all three.  The Committees’ final ranking is as follows:  C. T. Hsu number one; KZF number two; and ADG number three.  Staff requests approval of this final ranking and authorization to enter into negotiations with C. T. Hsu & Associates, the team ranked as number one.


Item 18 -        Monthly Development Activity Report and the Building Activity Report for February and March, 2006


The attached Staff reports include the Development Activity Report for March, 2006, and the Building Activity Report for February, 2006.  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 these reports.


G.                FINANCE


Item 19 -        Resolution No. 06-36 – Budget Execution Review


We have completed a review of the budget through the 6 month period.  We are making some adjustments in the budget, both in revenue and expense.  Overall, I am pleased with the budget execution by our Departments and our Finance staff.  They have done an extremely good job holding the line on expenses in very difficult times, especially with power and energy costs going the route they are going. 


Item 20 -        Resolution No. 06-37- Updating the City’s Purchasing Policy


The Community Development Block grant requires a certain modification related to ethics in our purchasing policy.  Although the City follows the policy, it was not a stated policy within our Purchasing procedure.


Item 21 -        Monthly Financial Report


Attached is the Monthly Financial Report.  If you have questions, please contact either John Shelley or me.





Item 22 -        Historic Tree Removal Request – Commercial Property – 5030 South Ridgewood Avenue – Top Drawer Custom Closets


This is a request from the property owner, Irene Lambert, to remove one historic live oak tree. The tree is 62 inches in diameter and is located in the rear of the property adjacent to the principle structure.  The building is fairly new.  It was completed in 2001 and designed to preserve the tree.  Ms. Lambert would like approval to remove this tree to construct employee parking and associated retention in the rear portion of the site.  Community Development has been reviewing plans for the parking modification showing the tree to remain.  During review, staff advised the applicant that the proposed retention pond encroached upon the critical root zone of the tree and requested that the stormwater design be modified.  No further site plan submittals have been received, and the applicant has requested and received approval for a 30-day extension on the site plan re-submittal to go through the historic tree removal process.


An arborist, Todd Antalek of Arbor Care Services, was consulted by the property owner to inspect the tree. During the initial inspection, Mr. Antalek found indications of decay and recommended the tree be bored with an IML Resistograph machine.  Attached is his report with his finding that the tree has heart rot and presents a “very serious liability to bodily and property damage.”  Staff concurs with this assessment.


Pursuant to Chapter 9, Article II, Section 16.5, approval to remove a historic tree on commercial property requires mitigation with replacement trees or by a contribution to the tree bank or a combination of the two, the amount of which is established in Resolution 02-71.  Pursuant to Resolution 02-71, a deteriorated 62” tree shall be mitigated with nine replacement trees, or $4,076.00 payment to the tree bank, or a combination of replacement trees and tree bank payment.  Due to the small size of the site and the limited green space, staff recommends accepting payment of $4,076.00 to the tree bank.  The Environmental Advisory Board will be discussing this item and making their mitigation recommendation on April 19th.  An update on their action will be reported at the Council meeting.


Staff recommends approval of the historic tree removal request conditioned on receipt of mitigation established in Resolution 02-71 as recommended by the Environmental Advisory Board.


Item 23 -        The Reserve at Port Orange PUD:  Final Site Development Plan; Improvement Agreement; Deed of Dedication for Right-of-Way; and Easements for Drainage, Utilities, Access, and Tree Conservation


This is a request to approve the final site plan for The Reserve at Port Orange, a PUD development consisting of 116 townhouse units on a 22.7-acre property; to approve the Improvement Agreement for The Reserve; to approve dedication of additional right-of-way on Spruce Creek Road; and to approve grants of easement rights in favor of the City for temporary, and ultimately permanent, access, ingress, egress, drainage, maintenance, and utilities and for perpetual tree conservation.  The subject 22.7-acre property is located on the west side of Spruce Creek Road, between Selin Circle and Little Town Road.


Planning Commission Action:  On December 15, 2005, the Planning Commission recommended approval, 6-0 (Commissioner Bickel excused), of a request to approve the final site plan for The Reserve at Port Orange. The Commission’s recommendation includes conditions as specified in the staff report and in the accompanying update memorandum dated April 10, 2006.


Staff Recommendation:   Staff recommends approval.


Item 24 -        License Agreement, Assignment to the Concurrency and Fair-Share Agreement, and Joinder and Consent to the Concurrency and Fair-Share Agreement for Port Orange Landings, Phase I Subdivision


The Port Orange Landings Phase I development has been sold by the original developers, Port Orange Landings, LLC (a.k.a. Olson & Associates), to Centerline Homes at Port Orange Landings, LLC (a.k.a. Centerline Homes). Because this sale has occurred before recordation of the plat, it is now necessary to transfer the legal development obligations to the new owner. Specifically, the License Agreement and the Concurrency and Fair Share Agreement between Olson & Associates and the City must be assigned to Centerline Homes. Attached please find three documents, prepared by the City Attorney, to accomplish this. The first document is a new License Agreement to allow installation of landscape and hardscape features within roadway medians in the right-of-way. The second is the Assignment of the Concurrency and Fair Share Agreement, which transfers the concurrency obligations to the new owner. The third is the Joinder and Consent to the Concurrency and Fair Share Agreement, by which Centerline acknowledges its obligations under the original fair share agreement.  Staff is requesting that the City Council approve and execute all three documents.


I.                     PUBLIC SAFETY


Item 25 -        Resolution No. 06-38 - Second Amendment to Interlocal Agreement for the Establishment of the Local Government Fire-Rescue and Emergency Medical Services Automatic Aid and Closest Unit Response System


The cities of Daytona Beach, Edgewater, Holly Hill, New Smyrna, Ormond Beach, Port Orange, South Daytona, and Daytona Beach Shores entered into an Interlocal Agreement for the establishment of the East Volusia Local Government Fire-Rescue and Emergency Medical Services Automatic Aid and Closest Unit Response System, which was recorded in the Official Records Book 5261, Pages 3947-57, Public Records of Volusia County, Florida.  The parties and the City of Ponce Inlet and County of Volusia desire to modify and amend the Interlocal Agreement to include Ponce Inlet and Volusia County as participating local governments.  Staff recommends approval of the attached resolution.


J.                  ADMINISTRATION


Item 26 -        Second Reading – Ordinance No. 2006-13 – Establishing the City’s State Housing Initiative Program (SHIP)


Staff recommends approval.


Item 27 -        First Reading – Ordinance No. 2006-14 - Amending Article I, Sections 42-2 and 42-3 of the Code of Ordinances Relating to the Nuisance Tree Ordinance


Currently, the Nuisance Tree Ordinance is limited to removal of sand pines that are leaning 45 degrees or more or sand pines that are diseased, damaged, or otherwise a hazard to public rights-of-way or public property.  The amendment expands the enforcement to all tree species that are such a hazard.  Staff recommends that Council approve the attached ordinance amending Sections 42-2 and 42-3, Article 1, of the Code of Ordinances.


Second Reading:   May 16, 2006



Item 28 -        Resolution No. 06-39 - Dawnview Square Florida Communities Trust Grant Application


The Dawnview Square FCT application will include homes that were damaged during the 2004 Hurricanes.  Measuring roughly 6 acres and situated on the north side of All Children’s Park, the City seeks funding assistance from FCT to acquire and remove the identified homes and expand All Children’s Park into the project area to create open space for recreational and drainage purposes.


Currently, there is no appraisal information available.  A total project cost estimate of  $3,200,000.00 was developed based upon recently purchased property within the Woods subdivision.  The City requests $1,600,000.00 (50%) from the FCT program.  The City commits to a cash match of $1,600,000.00 or 50%.  Contingent upon subsequent budget appropriations, potential match funding would derive from Recreational Impact Fees and the Drainage Fund, as well as the City’s FEMA Hazard Mitigation grant application submitted in 2005 that is still under review. 


Staff recommends that Council approve the attached resolution authorizing the City Manager to submit a Florida Communities Trust (FCT) grant application and to authorize the Mayor and City Manager to execute any agreements or contracts and provide a match.


Item 29 -        Discussion – Affordable Housing


At the last City Council Meeting, I had this scheduled for discussion at the end of the meeting.  Because of the late hour, we delayed the discussion until the April 25 meeting.  Included in the packet are the materials related to the types of projects that are being done in other communities.



K.                 COUNCIL COMMENTS


Item 30 -        Comments/Concerns from Council Members


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


Item 31 -        City Council Committee Reports


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