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 23, 2006


Date:               May 16, 2006





Item 4 -           Recognition of Employees Returning from Iraq


Three City employees have recently returned to City service after spending time in Iraq.  At this time, Mayor Green would like to recognize Willie Coco from the Police Department, Chris Green from Parks and Recreation, and Ed Velez from the Public Works Department. 





Item 5 -           Legislative Update – State Representative Dorothy L. Hukill


At this time, State Representative Dorothy L. Hukill will make a report to the Council on the recent Legislative session.



Item 6 -           Report from KemperSports Management


At this time, a representative of KemperSports will make a report to the Council regarding the golf course.






Item 7 -           Project Managers’ Report


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


Item 8 -           Approval of Contract for the Erosion Control at Causeway Park and Repairs of Seawalls Along Halifax Drive


Dredging and Marine Consultants was ranked and approved as the number one firm for RFSQ No. 06-08.  The contract for these services along with the cost associated for that work is attached for your review.  That cost is $61,100 and is funded in Account 315-5100-572-6397, Project No. QPC021.  Staff recommends that the City Council approve the contract for the above marine related services to Dredging and Marine Consultants Inc.  in the amount of $61,100.


Item 9 -           Approval to Purchase Grounds Maintenance Equipment for Public Works, Parks Department, and Golf Course


Staff has identified grounds maintenance equipment needed and those in need of replacement.  The equipment is needed for use by Public Works, Parks Department, and the municipal golf course.  The Fleet Summary sheet attached shows each piece requested (see shaded areas) and provides the function of each, age, hours, cost to maintain, estimated auction proceeds, budgeted amount, and cost new. Total budgeted amount is $109,000.  Some items have been deferred and other unbudgeted items were added.  The total cost for the equipment requested will not exceed $100,388.94 and funds are available in the Fleet Finance Account No. 505100058-6400.    Staff recommends that Council approve the purchase of the grounds maintenance equipment as outlined on Fleet Summary sheet for a cost not to exceed $100,388.94.


Item 10 -        Award Contract to Robert Hall Construction for Construction of Phase 1B of the Pavilion at the Amphitheater


This is the second part of the Robert Hall Construction’s contract.  This contract would allow Phase 1B (cost sheet attached) to be constructed in the amount of $796,367.74 for the construction of the pavilion at the Amphitheater.  Staff recommends approval of the contract for Phase 1B to  Robert Hall Construction.  Hall is the contractor for Phase 1A.  The amount of the contract for Phase 1B is $796,367.74.


City Manager’s Comments:  I have instructed Glen Walker to prepare a change order to the Phase 1B contract to remove the kitchen equipment and the generator from the General Contractor’s contract.  There is an allowance in the contract for each of these items.  The kitchen equipment allowance is $50,000 and the generator is $50,000.  The City will bid these items separately.  We will be bringing the change order to remove these items from the contract to Council at the June 6, 2006, City Council Meeting.


Item 11 -        Approval of Final Ranking for RFSQ Dredging and Marine-Related Services


The City issued an RFSQ for Dredging and Marine Related Services.  The Selection Committee appointed to evaluate and review this subject reached the final ranking of:  DMC, Moffatt & Nichols; Taylor Engineering; and HPA.  This project is for the erosion at Causeway Park and the seawalls along Halifax Drive.  Staff recommends that the City Council approve ranking of Dredging and Marine Consultants Inc. as number one.


Item 12 -        Authorization for City Attorney to Accept Settlement in the Case of Edward McGilloway vs. City of Port Orange


The City Attorney will provide Council with the information on this item prior to the meeting. 




Item 13 -        Monthly Financial Report


Attached is the Monthly Financial Report.  If you have questions, please contact either John Shelley or me.  We recommend acceptance of the report.




Item 14 -        First Reading – Ordinance No. 2006-16 – Small Scale Land Use Amendment – D. Andrew Clark


This is a request to amend the Future Land Use Map of the City of Port Orange Comprehensive Plan Update ’98 for property located at 5156 Riverside Drive from Urban Low Density Residential (4-8 Units/Acre) to Office/Residential Transition.


Planning Commission Recommendation:  The Planning Commission Recommends approval 5-0 (Commissioners Atwood and Lasky excused), of an amendment to the Future Land Use Map of the City of Port Orange Comprehensive Plan Update ’98.  This map amendment is to change the designation of  0.39 acres located at 5156 Riverside, from Urban Low Density Residential (4-8 Units/Acre) to Office/Residential Transition. If approved, the applicant proposes to rezone this parcel to “PCD” (Planned Commercial Development) and incorporate it into the Clark Professional Center and Wedding Chapel PCD. The staff report is attached for your review.


The applicant is also seeking reimbursement of the $2,500 application fee associated with this future land use amendment.  The applicant’s reason for the reimbursement is based upon the assumption that the proposed amendment to change the future land use for 5156 Riverside Drive was originally reviewed with the original application submitted in December 2005.  However, this assumption only holds true for the basic research needed for the staff report.  In actuality, the report had to be rewritten in its entirety including the text, analysis, maps and other exhibits.


Staff Recommendation:   Staff recommends approval.


Second Reading:               This would be scheduled for second reading after Volusia Growth Management Commission review.


Item 15 -        Variance Appeal – Charles Pruitt


Charles Pruitt, owner, requested approval of a variance from Chapter 17, Section 27, of the City of Port Orange Land Development Code (LDC), pertaining to rear yard setbacks for the “R-8SF” (single-family residential) zoning district.  The purpose of the variance request was to reduce the rear yard setback from 25 feet to 19 feet to accommodate a proposed addition to the existing single-family home.


Planning Commission Action:  On April 27, 2006, the Planning Commission denied the variance request 3-2 (Commissioners Chatley, McMasters, and Booth voting “no,” Commissioners Lasky and Atwood excused).  The Commissioners that voted no did so because the request failed to meet the variance criteria required by Chapter 19, Section 1(g)(2), LDC, that would justify approval.


According to LDC Chapter 19, Section 1(f), the Council’s decision to reverse or uphold the Planning Commission’s decision shall be based on the facts of the case presented during the Planning Commission meeting, the review criteria established for variance requests, and the Commission’s decision on the requested variance.  No new evidence may be presented, heard, or discussed.  Please see the attached appeal request letter from the applicant.  Although the letter refers to new information being presented, the content of the letter reflects spoken testimony at the Planning Commission meeting and is not actually new.  The pictures referred to in the letter are not new either but rather are the same ones provided with the initial application and included with the staff report (see attached).


Staff Recommendation:   No staff recommendation is provided.




Item 16 -        Resolution No. 06-48 - Authorizing the Establishment of Health Savings Accounts


This Resolution allows the City of Port Orange to establish Health Savings Accounts whereby employees can contribute monies pre-tax and can remove monies from the account pre-tax.  This program is in addition to the City’s 125 Program.  The 125 Program is used to pay for medical and other expenses not covered under insurance and other programs.  The 125 Program can be used to pay for child care as well. 


These HSA accounts are set up to assist employees meet their health care needs after they complete their service with the City of Port Orange.  Primarily, they are set up to help employees during retirement.  However, we have used the statutory flexibility to allow an employee who is a participant in the HSA program to withdraw funds for medical and other eligible expenses at any time if they leave City employment prior to reaching retirement age. 


The City will not be making any contribution into these accounts on behalf of employees.  This will be a voluntary program open to all officials and employees of the City of Port Orange.  Paying for health care and health insurance is a major concern for retirees.  This is one way that employees during their working years can save to meet those future expenses.   


Item 17 -        Joint Use of Horizon Elementary School and Willow Run Park Site


The Volusia County School Board has requested permission to place portable classrooms on the Willow Run Park Site currently dedicated as a playground area for Horizon Elementary School.


The Horizon Elementary School site was a joint project of Volusia County School Board and the City of Port Orange.  Rather than both entities acquiring two sites, the School Board and the City came together to acquire and develop a common site.  The School Board outright owns the site where Horizon School is located.  The City owns the playground.  We have cross use of both properties.


Staff has met with the School Board representatives.  What is before you is an agreement that we have developed with them.  This agreement does not impact the tennis court area, restrooms, and picnic areas located at Willow Run.  Staff recommends approval.




Item 18 -        Comments/Concerns from Council Members


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


Item 19 -        City Council Committee Reports


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