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

                        February 20, 2007


Date:               February 14, 2007



I have scheduled two working meetings prior to the regular City Council Meeting.  The first is a Town Center CRA Meeting and the second is the City Council requested meeting where citizens can offer suggestions on budget issues.  It will provide the City Council with a forum also to discuss budgetary issues and items.  On February 27, I have scheduled a workshop session related to the budget and where we are financially.


A.                 OPENING



Item 4 -           Proclamation – Mac Griffith


Attached is a proclamation recognizing Mac Griffith.  Mac coordinated a project at Gamble Place to remove brush and improve the area.


City Manager’s Comments:  Mac is the son of Fred and Sue Griffith.  This project is Mac’s Eagle Scout Project.   As you know, his father, Fred, is the City’s Public Utilities Engineer.  The project that Mac and the Scouts did was a tremendous help to our crews who are responsible for maintaining Gamble.  It has made a difference in appearance and in the way the public is able to access areas of Gamble.


C.                SPECIAL REPORT


Item 5 -           Report from KemperSports Management


A representative of KemperSports Management will make a report to the Council at this time regarding the City’s golf course.





Item 6 -           Introduction of Program Director and Office Manager for ArtHaus


City Council Member George Steinedoerfer asked to have this item placed on the City Council Agenda.  This will be an opportunity for the City Council to meet the new Program Director and Office Manager for ArtHaus.




F.                 CONSENT AGENDA


Item 7 -           Change Order No. 6 to Increase Robert Hall Construction Contract


This Change Order to increase the contract with Robert Hall Construction is being requested to cover increased electrical expenses in the building.  Staff recommends that Council approve Change Order No. 6 to increase Robert Hall Construction’s contract by $1,500 for additional electrical work on the Lakeside Community Center.  The electrical work was for an additional circuit that was needed when the hot water tank was changed from natural gas to electric. 


Item 8 -           Change Order No. 7 to Decrease Robert Hall Construction Contract


This Change Order is to decrease Robert Hall Construction’s contract by $17,862.34 for the following items that were removed from the General Contractors contract:


1.         Landscaping                                                                          $10,000.00

2.         Kitchen Exhaust Hood                                                          $  7,682.34

3.         Six Re-inspection Fees                                                        $     180.00

During the course of the project, there were six re-inspection fees charged the contractor.  The contract has been reduced to reflect the re-inspection fees.

Staff recommends that council approve Change Order No. 7 to decrease Robert Hall Constructions’ contract for the Lakeside Community Center in the amount of $17,862.34.


Item 9 -           Approval to “Piggyback” State of Florida and Sheriff Contracts to Purchase Fleet Vehicles


Staff has reviewed vehicle needs for each Department.  The Fleet Purchase Summary sheet attached provides a breakdown of each vehicle requested, user Department, age of vehicle, and cost to maintain, mileage, and budget information.  Staff requests approval to “piggyback” State and Sheriff’s Department contracts in order to purchase the vehicles at the lowest cost possible.


Total cost for the fleet vehicles requested will not exceed $468,314; FY2007 budget is $1,605,000, resulting in a surplus budget amount of $1,136,686.  Funds are available in the Fleet Finance Account No. 50510005806400.  Staff recommends approval to purchase the fleet vehicles as shown on the Fleet Purchase Summary sheet for a total cost not to exceed $468,314.


City Manager’s Comments:  The City of Port Orange has a replacement program for vehicles and equipment.  There are a number of criteria used to determine when a vehicle is to be replaced.  The first criteria is age of the vehicle.  Each vehicle in our fleet has been assigned a replacement age.  When the vehicle reaches that age, then other criteria is used to determine if the vehicle should be replaced.  We look at mileage of the vehicle.  We look at the maintenance expenses associated with maintaining the vehicle.  We look at operating expenses.  We look at the job that the vehicle has been assigned and whether this is the most efficient vehicle in the fleet to accomplish the job assignment.  We look at other operating expenses associated with the vehicle.  We look at whether the vehicle can be assigned to another division or department that may have a lower demand or use of a vehicle.  Also, we look at the resale value of the vehicle. 


The Fleet Maintenance Manager sometimes brings to my attention a vehicle that is costing the City a lot of money but has not reached its age for replacement.  I do look at the vehicle to determine whether it is a candidate for replacement based upon the cost of maintenance and operation of the vehicle.



Item 10 -        Annual Paving Program (FY2007) Approval to “Piggyback” Volusia County’s Contract with Halifax Paving


Staff has identified the roadways in need of resurfacing for the 2007 Paving Program.  The spreadsheet attached lists the roadways to be resurfaced, condition, year originally constructed, and cost to resurface each.  Also included is the milling and resurfacing portions of Madeline Avenue and Central Park Boulevard.  Staff requests approval to “piggyback” Volusia County’s contract with Halifax Paving Inc. (Contract 06-B-252JG) in order to obtain asphalt at a cost not to exceed $85.00 per ton.  Total estimated cost to resurface roads as shown is $822,827 (includes $30,000 in contingency).  Funds are available in Account No. 30143005415363, Project POL023.


Staff recommends approval to “piggyback” Volusia County’s contract 06-B-252JG with Halifax Paving Inc. to resurface roads as outlined in the FY2007 Paving Program for a total cost not to exceed $822,827.


City Manager’s Comments:  The chips from the milling of Central Park Boulevard and on Madeline Avenue will be used on Pringle, Freida, and Overlook Trail.  A separate price will be provided to the City Council related to the preparation of the road surface, the oil, and the application of the material.  It is estimated that it will cost about $225,000 for those elements.  Those elements are not in the road program.  However, funds are available for those roads. 


Also, I spoke with Bob Ford, President of the Homeowners Association located along Halifax Drive south of Dunlawton Avenue.  We are setting up a meeting of those residents to review options related to Halifax Drive.  When that resident meeting is set, we will let you know.


Item 11 -        Diesel Spill


Good Environmental was contacted to immediately assist the City with the diesel spill containment at Fire Station No. 4.  They have already performed the excavation, transportation, and disposal of approximately 75 tons of soil at a cost of $32,500 which fell under emergency conditions (see attached).  Being already mobilized at the site, familiar with the event, and the immediate need for site assessment, they were asked to submit a proposal for the Limited Site Assessment.  The proposal for this assessment is estimated at $20,650 (see attached).  Further, depending on the results obtained from the assessment, a remedial action plan (RAP) will have to be prepared.  The cost for the RAP is estimated at an additional $4,500.  At that point in time, the RAP will be bid out along with the additional corrective action outlined.  Staff recommends waiver of bid procedure and approval of Good Environmental for an amount not to exceed $20,650.  Funding for this action is from account 504-1000-580-4520.


City Manager’s Comments:  I spoke with you when the City Council last met about this diesel spill.  We are taking corrective action related to the spill.  The City must do a site assessment.  After completion of the site assessment, then a remediation plan has to be prepared.  It is after the remediation plan is finished that the City will actually bid out the work that is necessary to remediate all of the impacts of the spill.


Item 12 -        Monthly Development Activity Report and the Building Activity Report


The attached staff reports include the Development Activity Report for January 2007 and the Building Activity Report for December 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 acceptance of these reports.





Item 13 -        Citizen Advisory Committee for MPO


A representative of the Citizen Advisory Committee for the MPO will make a report to the Council at this time.



H.                 FINANCE


Item 14 -        First Reading – Ordinance No. 2007-6 - Amending Chapter 54, Article VI, of the Code of Ordinances Relating to the General Employees Retirement System Pension Plan


The attached ordinance outlines new definitions and pension plan changes as have been discussed by City Council, the Pension Board, and Pension Members.  These changes include:


1.                  Increasing the mandatory employee contributions from 5% to 5.9% of the participants’ basic compensation;

2.                  Bringing into parity early retirement options for the 25 and 30 year early retirement options with the base formula;

3.                  Increase the monthly supplement from $12 to $16;

4.                  Adding the Deferred Retirement Option program (DROP);

5.                  Giving the ability of employees with prior military service the option to “buy back” military service for periods of time prior to the date of employment with the City.


These changes will become effective immediately upon adoption of the attached ordinance.  Please see the attached ordinance for more detail.   Staff recommends approval.


Second Reading:   February 27, 2007



I.                     COMMUNITY DEVELOPMENT


Item 15 -        Second Reading – Ordinance No. 2007-2 – Issuance of Debt for Land Acquisitions and Infrastructure for Port Orange Town Center


We recommend approval.


Item 16 -        First Reading – Ordinance No. 2007-7 - Rezoning and Approving a Master Development Agreement and Conceptual Development Plan – The Palms Planned Unit Development


This is a request to rezone approximately 52.73 acres located at the southeast corner of Madeline Ave. and Clyde Morris Blvd. from Volusia County “A-2” (Rural Agriculture), Volusia County “BPUD” (Business Planned Unit Development), and City of Port Orange “PCD”  (Planned Commercial Development) to City of Port Orange “PUD” (Planned Unit Development). If approved, the applicant intends to develop the property with 451 multi-family units, 149,000 square feet of office and commercial and associated stormwater and infrastructure improvements.


Planning Commission Action: The Planning Commission recommended approval, 5-1, [Commissioner Lasky excused and Commissioner Atwood voting no].  The Planning Commission’s recommendation also includes approval of the Master Development Agreement (MDA) and Conceptual Development Plan (CDP) for The Palms PUD, subject to the five conditions, which are further discussed in the attached Staff Update Memo, and all of staff’s outstanding technical comments being addressing prior to scheduling this item for City Council approval.


Staff Recommendation:   Staff recommends approval.  The MDA and CDP have been revised and there are no remaining outstanding staff comments.  


Second Reading:   March 20, 2007


J.                  ADMINISTRATION


Item 17 -        First Reading – Ordinance No. 2007-8 Authorizing the Issuance of Not to Exceed $10,000,000 Capital Improvement Revenue Bonds, Series 2007


The City of Port Orange may have an opportunity to acquire and or participate with other units of local government in the acquisition of up to 488 acres of property located east of Interstate 95 and north of Pioneer Trail.  This property is part of the Stanaki tract.  It is located adjacent to the Spruce Creek Preserve.


The bond ordinance contains language that would allow the City to assist the County in matching the $8.5 million TRIP grant that will be used to widen South Williamson Boulevard from Moody Bridge south to Airport Road.  The County has indicated that without the City’s assistance, they will not be able to meet the local match for South Williamson Boulevard.  Although South Williamson is a County Road, it is the Port Orange residents who experience the traffic congestion in this area each day. 


Some years ago, the City of Port Orange offered to construct the entire South Williamson Boulevard expansion.  The City asked to be paid back, including principle and interest, when funds became available.  The County did not take the City up on its offer.  We would have approached the construction in a slightly different way.  Nevertheless, the City of Port Orange is once again being called upon to help get the project constructed.  As we know, the County does not have the resources to construct the roadway south of Moody Bridge.  It is important that this project be constructed now.


There are other items listed in the Ordinance that are eligible for expenditures should bond funds be available.  In order for the City to move forward, a contract or interlocal agreements would have to be approved by the City Council. 


In order for the bonds to be actually issued, the City Council would have to pass a Resolution authorizing the sale of the bonds. 


Second Reading: March 6, 2007



K.                 COUNCIL COMMENTS


Item 18 -        Comments/Concerns from Council Members


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