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 22, 2006


Date:               August 14, 2006



B.                 SPECIAL REPORT


Item 4 -           Report from Kemper Sports Management


A representative of KemperSports will make a report to Council on the golf course.




Item 5 -           Proclaiming Port Orange Firefighters Appreciation Week


Attached is the proclamation recognizing the Port Orange Firefighters for the participation in the annual Labor Day fundraiser.


D.                BOARD APPOINTMENT


Item 6 -           Appointments to SHIP


Attached are the applications of individuals who are interested in serving on the SHIP Board.  The State law establishes the occupations of the individuals who are required to serve on the SHIP Board. 


We are in need of additional individuals to serve on this Board.  We need your help in recruiting individuals who are willing to serve.  This is a 9 person Board.  I provided you an email several weeks ago related to this Board.  That email is attached as a reference.  In addition to the names listed in the email, we have received applications from Dexter Copp, Robin Lasky, and George Strell, Sr.



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.


Item 8 -           Victims of Crime Act (VOCA) Grant


Earlier this year, the Police Department applied for funding under the Victims of Crime Act (VOCA) Grant program and was successful.  The department was awarded $61,917.00 to assist victims of crime.  This is an increase from the previous year’s grant of $40,404.00.  Because the grant program requires a match, the department’s share is $15,479.00 (20%). 


Staff recommends that Council accept the FY 2006-07 Victims of Crime Act (VOCA) Grant in the amount of $61,917.00.


G.                FINANCE


Item 9 -           First Reading – Ordinance No. 2006-35  - Amending Section 2.263 of the Code of Ordinances Relating to Bidding Procedures


                  Currently, the City’s Purchasing Ordinance and Policies require the Purchasing Coordinator to advertise the invitation to bid a minimum of ten (10) days prior to the bids being received and opened.  The federal government and in particular CDBG Disaster Funding has a requirement that the advertisement be a minimum of twelve days prior to the bids received and opened.  In order for the City to obtain CDBG funds our time frame must coincide with this requirement.  Therefore staff recommends that the City revise this section of the purchasing ordinance and policy to be in sync with the time frame of the federal government so that our advertisement time is a minimum of twelve days prior to them being received and opened.


Staff recommends the City Council approve an amendment to Section 2.263 a. Bidding procedure to read:  Newspaper.  Notice inviting bids shall be published once in at least one newspaper published in Volusia County and having general distribution in the city, at least twelve (12) days preceding the last day set for the receipt of bids.


Second Reading:   September 19, 2006.


Item 10 -        Monthly Financial Report


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





Item 11 -        Discussion – Final Plat and Plans – Woodhaven Subdivision, Phase 1


This is a request to review the Final Plat & Plans, Subdivision Improvement Agreement, and Concurrency Fair-Share Agreement for Woodhaven Phase 1.  If approved, the subdivision will be developed with 131 individual single-family lots on approximately 109.07 acres, located adjacent to the western right-of-way boundary of I-95, east of Sterling Chase and Ashton Lakes.


Planning Commission Recommendation:  The Planning Commission voted 7-0 to approve the Final Plat and Plans for Woodhaven Phase 1.


Staff Recommendation:   The Concurrency Fair Share Agreement has been given back to the applicants at their request.  The Final Plat & Plans and the Subdivision Improvement Agreement (SIA) for this project are provided to Council for discussion purposes at the applicants’ request.  An update memo is also provided to explain a necessary minor adjustment in acreage.


City Manager’s Comments:  The attorney who represents Woodhaven has asked to discuss the Fair Share Agreement with the City Council.  There are certain improvements that have been included in the agreement.  First, there is the under I-95 improvements.  The City has issued debt to pay for those improvements.  The State of Florida is making a $1 million dollar contribution toward the construction of the project.  The balance is being paid for through fair share contributions.  The second improvement relates to the intersection of Clyde Morris and Dunlawton.  This intersection fails.  We are at 90% in the design of the project improvements.  This project should be ready for bidding in the near future.  The funding of the Clyde Morris intersection improvements is through a front-end agreement with D.R. Horton.  D.R. Horton is to be repaid from contributions based upon trips for new development. 


The attorney for the developer would like to discuss with the City Council the multiplier that is included in the fair share agreement.  Currently, the City requires a 200% multiplier.  That means the cost of the improvement is doubled.  If the funds are not needed to fund the project, the balance is returned to the developer.  With costs escalating and unpredictable, this is the safety measure installed to protect the city from raising costs.  A good example was the under I-95 Project.  The bid awarded to P&S Paving was almost double the initial cost.  The second item they would like to discuss with the Council is the fair shares on county roads.  We have advised that they can contact the County and provide the City with a certificate of concurrency or proof of fair share payment to the County.  The third item, as I understand it, is a request that the City pay interest on the funds the City is holding that may be refunded to the developer at a future time. 


There is a large issue for this development.  Because it is on South Williamson Boulevard and the City has been placed on notice by Volusia County that the South Williamson project in this segment will not be constructed until sometime in the future, I am of the opinion that the City cannot approve this development.  This road segment would not meet the concurrency test for South Williamson between Moody Bridge and Sabal Creek. 


There are trips that are already approved and vested on South Williamson that are ahead of this project.  It is my professional judgment that the only way this project could proceed is for a development that has vested trips to release those trips to this development. 


As I stated to the City Council last Tuesday night, we do not know how many vested trips have been committed by adjacent cities onto the South Williamson road network.  We have requested information on the number of vested trips from both the County and New Smyrna Beach.  The County has stated they have not vested any additional trips on to the South Williamson network.  We are still awaiting information from New Smyrna Beach.  We are attempting to get a handle on the magnitude of the vested trips, some of which are outside our jurisdiction. 



I.                     ADMINISTRATION


Item 12 -        Resolution No. 06-82 - Interlocal Agreement with Volusia County Establishing the Manatee Trust Fund


Attached is background information on this item.  Staff recommends that Council approve the attached resolution adopting the Interlocal agreement with Volusia County establishing the Manatee Trust Fund.


Item 13 -        Discussion – County Charter Amendments


I am preparing information on the County Charter Amendments.  We will provide you with an analysis of each amendment and the potential impact of each proposed amendment.


Item 14 -        Review of the City’s Operating Budget


At the conclusion of the meeting, we will review changes to the City’s operating budget.  This is the last meeting before the public hearing on September 5.  We will focus on the Building Division of Community Development. 


City Manager’s Comments:  I met on Wednesday with Finance and Community Development staff to review the revenue projections.  We went through each of the projects that are in the review process, either on the planning side or eligible to submit for building permits.  We will be updating the survey data on the building side to be sure that our costs are appropriate.  We will be looking at valuation issues to be sure the values we are using are right.  Second, we will be looking at the cost of providing inspections to the actual fees collected.  Third, we will be looking at the comparative fees charged within Volusia County. 


From a staffing standpoint, we will be looking at ways to preserve valuable employees who are assigned to the Building Division and other divisions of Community Development should a major construction downturn occur during the next year.  I will be looking at a variety of ways their talents can be utilized by the City of Port Orange. 


From an overall budget situation, we continue to look at cost to be sure that we have squeezed out as much of the expenses as possible without taking away the City’s ability to provide service.  As soon as the building information is finished, we will provide you a copy of the materials.



J.                  COUNCIL COMMENTS


Item 15 -        Comments/Concerns from Council Members


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


Item 16 -        City Council Committee Reports


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