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 27, 2006


Date:               June 21, 2006



B.                 SPECIAL REPORT

Item 4 -     Report from KemperSports Management


A representative of KemperSports will make a report to the Council on the golf course activities at this time.


Item 5 -     Actuary Report – Fire Department


Enclosed in your packet is the Fire Pension actuarial report. 




Item 6 -           Presentation – Bridges of Light


The City has received a request from Miltos Exarhou to make a presentation to the Port Orange City Council about the potential of doing some lighting changes to the Port Orange Bridge as it crosses the Halifax River.  Some of the bridges in Jacksonville have this decorative lighting option.  This may be something that the City Council may desire to do as part of the Causeway District of the Town Center Redevelopment District at some point in the future.  Before anything could be done on this bridge, should the Council desire to look at it as an option, the Council would need to seek approval from the Department of Transportation since the bridge is an FDOT bridge.



E.                 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.


Item 8 -           Change Order No. 1 – Saboungi Construction, Inc., - B-23 Canal Phase II


Saboungi Construction Inc., contractor for the B-23 Canal Phase II, has submitted Change Order No. 1 for approval.  As shown on the letter attached, additional amount requested is $62,150.  Total revised contract amount is $1,217,115.00.  Quentin L. Hampton Associates, Inc., has reviewed and approved the request and the contract modification sheet is attached for signature.  Staff recommends approval.


F.                 FINANCE


Item 9 -           Monthly Financial Report


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

Item 10 -        Capital Improvement Budget


The Departments have prepared their 5 year capital budget request.  Also, this year, I have required the Departments to identify those projects that are Comprehensive Plan required.  We are required to update the Capital Improvement Element (CIE) in the Comprehensive Plan.  This is the initial presentation.  The final adoption of the 5 year CIP will occur in August.  We will begin the adoption process of the CIE in August with the CIE being submitted to the DCA before November, 2006.  Annually, we will be required to update the CIE as well as the CIP. 




Item 11 -        Request for Reduction of Fees in Subdividing Property


At a recent City Council Meeting, Virgil Gieck contacted staff by telephone on July 14, 2005.   Mr. Gieck went to Community Development at a later date and picked up an application.  At that time, the application fee was $250.  For a variety of reasons, he did not file the paperwork with the City to subdivide the property until February, 2006.   However, by the time he completed the paperwork and turned it in, the fee had increased to $2,000. 


The City Council did find in one instance that an individual had started the rezoning well in advance but had not actually submitted the rezoning until December 15, 2005.  There were several issues that had to be worked out with Volusia County prior to the December, 2005, filing.  That applicant did not want to proceed without working out the procedures with all the governmental entities.  This case is slightly different.  The initial discussion occurred in July.  The application form was picked up, but there does not appear to be any contact with staff until February.


What occurred concurrently is that the City Council was discussing fee adjustments.  The adjustments were not approved by Council when the individual called; however, the application is filed approximately six months after the forms are picked up at the City.  Staff met with Mr. Gieck on several occasions during this time.  That is a major difference between this request and the one in which Council provided relief.


Staff speaks with numerous people.  Many pick up forms but never completed or return them.  Picking up forms and having a single discussion with staff does not constitute, in my opinion, starting the process.  When we have recommended reductions, I have found substantial evidence that staff has been involved in discussions and meetings as well as seeing there were factors that needed to be resolved before filing.  I concur with Mr. Wells and Mr. Burman that a verbal conversation should not be considered as evidence of starting the process; therefore, I can find no evidence in our records that would allow me to support this fee waiver.


Item 12 -        Discussion    Traffic  Concurrency  Measurements    and    Level-of-Service Standards


Traffic congestion and traffic concurrency are topics of frequent discussion in fast-growing communities like Port Orange.  With last year’s passage of Senate Bill 360, it is a topic that all local governments in Florida must address.  Problems arise, however, when communities adjacent to each other use different standards or when the maintaining agency for a road measure concurrency differently than the City through which that road runs.  These differences create inequities in congestion from place to place, with ripple effects for the timing of future development and the financial obligations that are necessary to address the anticipated impacts.  These issues are discussed further in two attached memo.


Item 13 -        Preliminary and Final Plat and Plans, Subdivision Improvement Agreement, and Currency Fair-Share Agreement – The Pinnacle PUD, Phase 2


This is a request to approve the preliminary and final plat and plans for The Pinnacle Phase 2, located south of Martin Dairy Road, west of I-95, and east of The Pinnacle Phase 1.  If approved, the 29.7 acre property would be subdivided into 67 single family lots.


The Fair-Share Agreement covers Pinnacle 2’s concurrency mandated traffic impacts on four road segments of intersections:  (1) Taylor-Williamson; (2) Dunlawton-Taylor at I-95; (3) Summertrees Road; and (4) Dunlawton-Clyde Morris.  Payment would be due prior to issuance of a Development Order for the project.


Planning Commission Recommendation:      The Planning Commission recommended approval 5-0 (Commissioners Barker and Bickel excused).


Staff Recommendation:   Staff recommends approval.


H.                 PARKS AND RECREATION


Item 14 -        Co-Sponsor and Waive a Portion of the Fees for the Atlantic Shores Velo Club’s 9th Annual Spring Criterium Bicycle Race at City Center


The Atlantic Shores Velo Club has requested the City co-sponsor their 9th Annual Spring Criterium Bicycle Race to be held on July 23, 2006.  They are requesting waiver of fees for the use of City Center and costs associated with electrical, bleachers, portable staging, set-up, supervision, and security for the event.  Staff is recommending a $225 charge to the Club for the use of City Center and the application fee, waiving the remainder of the costs amounting to $5,616 (list attached).  Staff recommends that the Cit co-sponsor and waive $5,616 in rental fees fro the Atlantic Shores Velo Club’s 9th Annual Spring Criterium Bicycle Race to be held around City Center on July 23, 2006, charging the Club only the rental and application fee of $225 for the use of the Circle.


City Manager’s Comments:  In the past, the City of Port Orange has allowed the Atlantic Shores Velo Club to use the City Center Complex for bike races.  The course has been very popular with cyclists.  Glen Walker has provided you with a detailed cost break down of regular pay and overtime as well as other items associated with the City providing support for the activity.  During the upcoming budget review, I have asked Glen to prepare a detail of what it costs, both directly and indirectly, to provide support for various activities at City Center.  Some of our costs can be reduced by changing work schedules, but that does take away from normal work assignments.  Although we are recommending that we allow them to use City Center this year, special events and the amount of costs recovered is something the City Council needs to review as part of the budgeting process.  For your information, the request to use the City Center Complex is increasing.  With the opening of the Lakeside Community Center, we can anticipate more requests to use City Center.  It is a great park venue.

I.                     ADMINISTRATION


Item 15 -        Resolution No. 06-55  - Dedication of Eastport Parkway Right of Way


The City is ready to bid out the construction of the Eastport Parkway extension from its current terminus to Commonwealth Boulevard.  Since this area has not yet been platted, it is necessary to establish the public right of way.  The platting of Eastport Business Park, Unit II, is projected to occur while the roadway construction is underway.  Staff recommends that Council approve the attached resolution dedicating a sixty (60) foot wide public right of way for the Eastport Parkway extension to Commonwealth Boulevard.


J.                  COUNCIL COMMENTS


Item 16 -        Comments/Concerns from Council Members


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


Item 17 -        City Council Committee Reports


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