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

                        December 12, 2006


Date:               December 4, 2006



This is the last scheduled meeting of the year.  2006 has been a tremendous year for the City of Port Orange.  As we come to the close of 2006, we are already looking forward to the New Year.  From what we know now, 2007 will be an active year.


A.                 OPENING

B.                 CITIZEN PARTICIPATION (Non-Agenda)

C.                TOWN CENTER – 7:05 P.M.


The Town Center CRA will meet on Tuesday evening.  We have the opportunity to accept the assignment of a contract for the acquisition of the Bryant-Singletary property.  The acquisition price is within the limitations established by the City of Port Orange.  This property is located on Halifax Drive.  The purchase price is $1.1 million.  The second action that I need the CRA to take is to approve a promissory note to the City of Port Orange for $1.150 million.  The additional funds are for closing costs, survey, title searches, etc.  The City’s internal loan will provide the bridge loan for the property acquisition.  This would be a bridge loan.  I anticipate presenting to the CRA in January the necessary documents to issue TIF Bonds for the Town Center CRA.  We would repay all our internal loans from the proceeds as well as purchase this property.  There are other property options that have presented themselves to the CRA that we are exploring.  I would encourage you to speak with Donna about the options we are exploring. 



D.                CONSENT AGENDA


Item 4 -           Monthly Development Activity Report and the Building Activity Report for October and November, 2006


The attached Staff Reports include the Development Activity Report for November, 2006, and the Building Activity Report for October, 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 the Staff Reports (Monthly Development Activity Report and the Building Activity Report) for October and November, 2006.


Item 5 -           City Attorney’s Report


Attached is the City Attorney’s Report.  If you have questions, please contact Margaret Roberts.


Item 6 -           Bid Award – Emulsion Polymer for Use at the Reclaimed Water Plant



Bids were solicited for the purchase of emulsion polymer as used in the treatment process at the reclaimed water plant.  Sealed bids were opened on October 19, 2006 with five (5) bidders responding.  The low bid was submitted by the NALCO Company at $.953 per pound.  The term of the contract will be two (2) years.


At the direction of Council, additional tests were run on all of the products submitted in this bid request to determine the lowest annual cost.   Within the bid specs was a minimum requirement of 15% solids in the processed sludge.   All polymers were tested at the same feed and flow rates to determine performance.  Only two of the provided products met the 15% solids minimum requirement, NALCO and Atlantic Coast.   NALCO was the lowest bid unit price of all the submitted products, and met the minimum % solids requirement.  Therefore, staff recommends award to NALCO for supply of emulsion polymer to the reclaimed water plant.  Funds are available in the operating budget, account #40104005355219.


Staff recommends that Council award bid #B 06-21 for the purchase of emulsion polymer to the NALCO Company and authorize the Mayor and City Manager to execute documents on behalf of the City.


City Manager’s Comments:  This item was on the City Council Agenda a few weeks ago.  A question was raised about the concentration and whether the other product was really the lowest responsible bid.  I requested the City staff to review the products from that point of view.  The Public Utilities staff recommends that the bid submitted by NALCO be accepted.


Item 7 -           Purchase of New IBM AS400 Database Server


The proposed equipment will replace our current, aging, single CPU, AS/400 with a new mid-range computer. The current AS/400 was purchased in November 2002 and runs virtually all of the Cities’ main database applications. Our current unit is at 85% capacity and will not support critical future upgrades which are due in early 2007. The original system has gone through some minor software upgrades in the past six years, and the hardware has been stretched to its limit by the size of the database and the number of users.  We recommend replacing with a new IBM model i520 to be purchased from Clover Systems for $99,954.00. This price includes IBM 3 year hardware and software maintenance plus installation. This replacement is also called for in the 2004 -2009 Technology Improvement Plan. The recommended system will be purchased under a State of Florida contract already approved by Council. This purchase is subject to Council approval of the IT carry forward request of 12/05/06.


Staff recommends that Council approve the purchase of a new IBM AS400 database server under state authorized contract for the amount of $100,000.00 pursuant to the adopted City technology plan.


Item 8 -           Increase to Quentin L. Hampton Associates’ Contract


Currently, the City has a continuing contract with Quentin L. Hampton Associates for inspection fees.  That contract allows for an increase based upon the CPI index for the Southeastern Region.  The CPI used in 2005 was 192.5; and in August, 2006, the index was 197.1.  This comes out to a 2.4% increase, which, based upon the $45.02 rate, equals an increase of $1.08 per hour.  This would bring Quentin Hampton’s hourly rate to $46.10 per hour, exclusive of mileage.  The IRS has also increased the mileage rate effective January 1, 2007.  Accordingly, Quentin Hampton’s will also be increasing their mileage rate to $0.48 per mile.  Staff recommends that Council approve the annual increase to Quentin L. Hampton Associates, Inc., of $1.08 per hour, bringing the total hourly rate to $46.10 per hour plus mileage.


Item 9 -           Bid Award – Boardwalk, Two Footbridges, and a Floating Dock for Gamble Place


The City Staff issued a bid for the construction of a boardwalk, two (2) footbridges, and a floating dock at Gamble Place.  Ten bids were received.  The lowest responsive bid was received from Envirocare Inc., a local Port Orange firm, in the amount of $156,047.  References checked out fine; therefore, staff recommends that the City Council approve and award the contract for a boardwalk, two footbridges, and a floating dock for Gamble Place to Envirocare for their bid as submitted in the amount of $156,047.


Item 10 -        Approve Contract with CT Hsu and Associates for Architectural and Construction Administrative Services for Public Safety Facilities


This contract is for architectural and construction administrative services for design and construction of the public safety buildings.  Please see Exhibit A of the contract for detail on the scope of work.  Staff recommends that Council approve the contract between the City and C. T. Hsu and Associates and that the Mayor and City Manager be authorized to execute the contract as provided.


Item 11 -        Annual Renewal of Property Management Agreement – All Florida Realty Services, Inc.


In April, 2002, the City entered into a Property Management Agreement with All Florida Realty Services, Inc., of Holly Hill.  Since that time, All Florida Realty has provided property management services to the City for the Halifax Trailer Park and several other City-acquired properties in the Riverwalk area.  The original agreement was for a two (2) year period with annual one-year renewals upon approval of the Council and written notification to All Florida.  No changes or amendments to the Agreement are proposed.  Staff is very satisfied with the performance of All Florida Realty Services under this contract and, therefore, recommends the renewal of the subject contract for another one (1) year period.


E.                 FINANCE


Item 12 -        Resolution No. 06-131 - Budget Appropriations


Council approved the acceptance of grants from the U.S. Department of Justice, and Florida Inland Navigation District.  Also the City has been notified by the Florida Department of Environmental Protection that a $2 million grant for the Cambridge drainage retrofit project is forthcoming.   In addition the City has received revenue for various recreation programs. Also, there are funds included in the Resolution to provide the bridge financing for the property acquisitions from the FEMA Repetitive Flood Program grant.  The amount the City will potentially receive is $1.7 million to acquire the 7 homes that have experienced repetitive flood losses in the Cambridge area.  Also, there is a bridge loan of $1.150 million to acquire property in the Riverwalk area.


The attached resolution changes the budget appropriations to fund the grant projects and the various recreation programs.  Also this resolution provides for a temporary loan to the Drainage fund to facilitate property acquisitions.  This loan will be repaid by grant proceeds.  Staff recommends approval.


Item 13 -        Agency Funding Request


The City of Port Orange has received requests for funding from several non-profit agencies for the new fiscal year.  Staff recommends funding $40,000 of those requests, which was the amount that was set aside in the budget.


                                                                                    05/06              06/07         Staff

                                    Funding          Request     Rec.


Act Corporation                                                         -0-                   $28,776    $  8,500

*Alzheimer’s Association                                         $1,000            $  1,500    $  1,000

*ARC                                                                          $1,500            $  2,000    $  1,500

*Child Care Resource Network                               $4,000            $  5,000    $  4,000

*Children’s Advocacy Center                                  $3,000            $  5,000    $  3,000

*Children’s Home Society                                        $   500            $  2,500    $     500

Coalition for the Homeless                                      $1,000            $  2,500    $  1,000

*Council on Aging                                                     $3,500            $  5,000    $  3,500

Deaf & Hard of Hearing  Services                          $1,500            $  1,500    $  1,500

*First Call for Help – United Way                            $3,000            $  3,000    $  3,000

*Halifax Urban Ministries (Program

            Oversees several subsidiaries,

            Including Travelers Aid)                                $1,000            $  2,000    $  1,000

 Hospice of Volusia/Flagler                                      $4,000            $  5,000    $  4,000

SCORE                                                                      $-0-                 $  2,000    $  2,000

*Stewart Marchman Center                                      $1,500            $  2,000    $  2,000

*Travelers Aid (Subsidiary of

            Halifax Urban Ministries)                              $1,000            $  2,000    $  1,000

 Seventh Circuit City Mediation SV                        $1,000            $  1,000    $  1,000

*WORC/UCP                                                             $1,500            $  2,000    $  1,500


                        Total                                                    $30,000          $80,276    $40,000


Staff recommends funding these requests in the total amount of $40,000.


City Manager’s Comments:  For the City Council’s information, a number of the agencies that are appearing before the City Council are members of United Way. I received a request that I designate those agencies requesting funding from the City of Port Orange who receive funding from United Way.   I have placed an * beside those agencies.




Item 14 -        Second Reading – Ordinance No. 2006-19 – Annexation – The Linen Group (Bella Oaks)


We recommend approval.


Item 15 -        Second Reading – Ordinance No. 2006-20 – Rezoning – From Volusia County A-2 and MH-3 (Rural Agriculture and Rural Mobile Home) to R-3L (Low Density Multi-Family Residential) – The Linen Group (Bella Oaks)


We recommend approval.


Item 16 -        Second Reading – Ordinance No. 2006-46 – Ordinance Approving an Amendment to the Master Development Agreement- Scott CNB PCD 7th Amendment


We recommend approval.


Item 17 -        Second Reading – Ordinance No. 2006-47 – Annexation – Williams


We recommend approval.


Item 18 -        Second Reading – Ordinance No. 2006-49 – Annexation – Executive Homes by JDB Construction


We recommend approval.


Item 19 -        Second Reading – Ordinance No. 2006-50 – Rezoning and Approving the Master Development Agreement Conceptual Development Plan – Nova Depot PCD


We recommend approval.


Item 20 -        Second Reading – Ordinance No. 2006-53 – Adoption of Combined Fall 2005/Spring 2006 Comprehensive Plan Amendment Package


We recommend approval.


Item 21 -        Final Site Plan - Port Orange Communication Tower


This is a request to approve the Final Site Plan for the Port Orange Tower. 


Planning Commission Recommendation:      The Planning Commission recommends approval, 6-0 (Commissioner Barker excused) of the Final Site Plan for Port Orange Tower with the following being conditions of the Development Order and addressed on the “approved for construction” plans: indicate the proposed location of the generator pads within the tower compound, substitute the proposed white strobe light (as requested by the Spruce Creek Fly-In Airport Manager) with a red light to reduce visual glare; and to indicate that a back-up strobe light will be installed.   The Planning Commission’s recommendation for approval is subject to the conditions outlined in attached revised staff report, dated November 17, 2006.


Staff Recommendation:   Staff recommends approval.


Item 22 -        Modification of Council Motion – Final Plat and Plans, Subdivision Improvement Agreement, and Concurrency and Fair Share Agreement – Port Orange Plantation, Phase III


The Community Development Department has received a request from the developer, D.R. Horton, to begin construction of Phase III. This will require modification of the previous adopted motion, which required “clear right to build the bypass drainage system prior to the plans being stamped approved for construction”.  This identical motion was passed for Port Orange Plantation Phases III, IV & V and although Phases IV & V require the bypass drainage system be in place to construct, Phase III does not.  D.R. Horton intends to make the required Concurrency and Fair Share payment for Phases III-V in December. 

Staff recommends the motion be amended to delete Phase III from the bypass drainage system requirement.


Staff recommends that Council withdraw the condition for construction of the bypass drainage system prior to the plans being stamped approved for construction.


City Manager’s Comments:  Our staff has reviewed the request.  We need to separate Phase 3 from Phases 4 and 5.  Phase 3 does not require the bypass drainage system.  We are recommending that the motion previously passed by the City Council approving the three additional phases be modified so that Phase 3 can be constructed. 





Item 23 -        Repetitive Flood Claim (RFC) Grant from FEMA and the Florida Division of Emergency Management for the Purchase of Homes in the Cambridge Basin Area


In 2004, the City of Port Orange was struck by 3 hurricanes in a 6-week period.  As a result of those storms, several homes in the Cambridge Basin were damaged by floodwaters.  Since that time, the City has been seeking ways to eliminate or reduce future flood damage in the entire Cambridge Basin area.  The purchase of damaged homes is but one phase of a much larger goal.  The City applied for a Repetitive Flood Claim grant with the sole purpose of obtaining funds to purchase previously flooded homes and demolish them to prevent future flooding in the homes.  The purchase of these homes is strictly on a voluntary basis by the homeowner and no eminent domain will be used.  FEMA has appropriated the stated funds to Florida who, in turn, has agreed to a contract with Port Orange to purchase previously damaged homes in this area.  This grant is a 100% match by FEMA and FDEM with no match requirement on the City’s part. 

Page 8

The City has tentatively identified 7 homes and the owners have been offered the fund amount set by FEMA.  If any of these homeowners decide not to sell their homes, the grant allows us to apply the money to other homes in the area with whom an agreement can be reached.  A copy of the State contract that includes the initial homes identified for purchase is the supporting documentation.


Staff recommends that the City Council accept the RFC grant awarded by the Florida DEM in the amount of $1,743,034 for the purpose of purchasing homes damaged by flooding as a result of the hurricanes in 2004.  The homes will be demolished and the land will be restricted in perpetuity to open space uses as outlined in the grant.


City Manager’s Comments:  Both John Carleton and I have told each of the property owners that we have contacted about acquisition that the City will not pay more than the funds we have available in this grant.  If the City goes beyond the amount that has been allocated for each unit, then it must be out of our own resources.  The administrative fee is available to remove the unit, restore the lot, and to pay for audit and other items required by the grant.  The City could choose to pay out of its resources the demolition, restoration of the lot, and the audit expenses out of its own resources and give the administrative fee to the property owner.  It is my recommendation that that option not be exercised. 


As I understand the program, we cannot move money from one property to another.  The amount available to acquire each property has been identified and can only be spent on that property.  Should any of these homes refuse to sell, the City will request a modification to the grant and make additional offers to properties in the Cambridge area.  The decision to sell is totally and completely up to the property owners.  This program operates slightly different from the other programs in that no appraisals are required.  The way the City determined the value of each home was to review the property appraisals records, look at the sales in the area, and look at the cost benefit ratio that is required in this program.  Values sometimes had to be adjusted to make the cost benefit ratios work on individual properties.  In no case were the property values less than the property appraiser’s values on the property or sales history.  We were aware of some appraisals on properties within the area, too.  Those were taken into consideration when applying for the grant.  We understand that some property owners want additional monies for their properties.  What I have indicated to them is if the City has money available from the administrative fee, then we would include those dollars in the grant.  I do not expect the City to have additional monies in the administrative fees after we pay the required cost of demolition and restoration.  We would have to know those figures for each property.  Therefore, we would be given the authority to utilize all of the dollars in this program to acquire, demolish, restore, survey, title search, and pay those necessary administrative expenses required for the City to take possession of the properties.




Item 24 -        Resolution No. 06-110 – Expressing an Intent to Use the Uniform Method for Collecting Non-Ad Valorem Special Assessment for Capital Improvements in the Transportation Concurrency Exception Area


The City is preserving its right to use the non-ad valorem assessment collection method for the Transportation Exception Area.  In our approved Comprehensive Plan Amendment, the City agreed to established this District to pay for transportation related improvements associated with the redevelopment of the Town Center area.  By December 31, the City must notify the Property Appraisers Office our intent to create the District and that the City Council has preserved the right to collect any assessments on the property tax bill should they be levied.  There is a lot of work that remains to be done before the City Council can take final action.  There are several notifications that will have to be mailed and hearing dates in June/July and again in September that will be required should the City Council decide to create the District and collect the assessment.


Item 25 -        Resolution No. 06-111 – Expressing an Intent to Use the Uniform Method for Collecting Non-Ad Valorem Charges for Solid Waste, Recycling, and Yard Waste Collection and Disposal


Attached is a resolution authorizing the intent to use the uniform method for collecting non-ad valorem charges for solid waste, recycling, and yard waste collection and disposal.  Staff recommends approval.


City Manager’s Comments:  In our survey last year, property owners indicated a willingness to examine an annual collection of the solid waste fees on the tax bills if it meant a reduction in solid waste fees and rates.  This preserves the right to use that method but does not commit the City to use the method.  We continue to have discussions with our hauler about the savings that could be achieved through the use of this method.  There are several steps that must be taken before the City Council needs to make a final decision on whether to use this method.  That decision does not have to be made until June.


Item 26 -        Resolution No. 06-112 – Expressing an Intent to Use the Uniform Method for Collection Non-Ad Valorem Special Assessment for Capital Improvements in the Riverwalk Project


To ensure adequate revenues to cover the higher maintenance costs in the Riverwalk area, the Memorandum of Understanding with McGurn & LaCour identified the use of a Special Assessment District specifically for maintenance and repairs in the Riverwalk Project Area.  This special assessment is limited to no greater than 0.025 percent of the property value, as assessed by the Volusia County Property Appraiser, for the first ten (10) years after the issuance of the first Certificate of Occupancy.  The subject resolution places the Volusia County Property Appraiser on notice and preserves the City’s right to use the uniform method of collecting non-ad valorem special assessment revenues in 2007 and thereafter for maintenance and repairs in the Riverwalk Project Area.


Staff recommends that Council approve the attached resolution expressing the City’s intent to use the uniform method of collecting non-ad valorem special assessment for maintenance and repairs in the Riverwalk Project Area.


City Manager’s Comments:  This was included in the City’s MOU for the Riverwalk Project.


Item 27 -        Resolution No. 06-113 – Expressing Intent to Use the Uniform Method for Collecting Non-Ad Valorem Special Assessment for Capital Improvements in the Williamson Boulevard Industrial Park Development


A Special Assessment for capital improvements in the Williamson Business Park Project Area may be necessary as a secondary pledge to Tax Increment Financing (TIF) revenues.  The subject resolution places the Volusia County Property Appraiser on notice and preserves the City’s right to use the uniform method of collecting non-ad valorem special assessment revenues in 2007 and thereafter for capital improvements in the Williamson Business Park Project Area (see attached map).


Staff recommends that Council approve the attached resolution expressing the City’s intent to use the uniform method of collecting non-ad valorem special assessment for capital improvements in the Williamson Business Park Project Area.


Item 28 -        Resolution No. 06-114 – Expressing an Intent to Use the Uniform Method for Capital Improvements for Yorktowne Boulevard Extension Lying East of Dunlawton Avenue


Staff recommends that Council approve the attached resolution expressing the City’s intent to use the uniform method for collecting non-ad valorem special assessment for Capital Improvements for Yorktowne Boulevard Extension lying east of Dunlawton Avenue.


Item 29 -        Resolution No. 06-115 – Expressing an Intent to Use the Uniform Method for Collecting Non-Ad Valorem Special Assessment for Capital Improvements in the B-23 Canal Lying East of Ridgewood Avenue


Staff recommends that Council adopt the attached resolution expressing an intent to use the uniform method for collection non-ad valorem special assessment for capital improvements in the B-23 canal lying east of Ridgewood Avenue.


Item 30 -        Resolution No. 06-116 – Expressing an Intent to Use the Uniform Method for Collecting Non-Ad Valorem Special Assessment for Capital Improvements to the Canals Lying in Halifax Shores Replat Per Map Book 23 at Page 218 of the Public Records of Volusia County, Florida


Attached is a resolution expressing an intent to use the uniform method for collecting non-ad valorem special assessment for capital improvements to the canals lying in the Halifax Shores Replat.  Staff recommends approval.


Item 31 -        Resolution No. 06-132  - Acceptance of Property Donation from Lighthouse Landings, Inc. – Glades Court


We are recommending the acceptance of the property on Glades Court.  The City would provide a letter to the property owner related to the value of the donation.  The City would pay $3,000 in taxes due for the property.  This is property located in the Eastport area.  It provides one of the final parcels of land that is needed for the sidewalk along Spruce Creek Road.


Item 32 -        Discussion of SHIP Program Implementation


The SHIP Board has held two meetings during the month of November.  From those meetings, recommendations have been developed on how to implement the City’s SHIP program.  For the purpose of this discussion, attached are the materials for review. 


Item 33 -        Discussion – Manatee Special District


Attached is a memorandum outlining the proposed procedure for establishing a Manatee Protection Trust Fund.  Staff recommends approval.


Item 34 -        Discussion – 2007 Legislative Program


Attached is the 2007 Legislative Program.





Item 35 -        Comments/Concerns from Council Members


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