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

March 20, 2007


Date:               March 12, 2007



Just a reminder to the City Council that there will be a shade meeting at 5:00 p.m. to discuss union negotiations.  This meeting will be limited to the PEA contract since that is the only contract that is open at this time.


A.                 OPENING


Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call


B.                 CITIZEN PARTICIPATION (Non-Agenda)

C.                CONSENT AGENDA


Item 4 -           Change Order No. 2 – Schuller Contractors, Inc. – Cambridge Drainage Improvements, Parts A, B, and C


In November, 2005, Council awarded Phase I, Areas A, B, and C to Schuller Contractors Inc.  This phase of the project is nearing completion and quantities have been adjusted to agree with those installed in the field and the result is a net deletion change order for the amount of $168,003.52.  A copy of the Contract Modification sheet is attached for your review.  The total revised contract amount for this phase of the project is $2,065,840.48.  Staff recommends that Council approve Change Order No. 2 to the contract with Schuller Contractors Inc. for the net deductive amount of $168,003.52.


Item 5 -           Change Order No. 2  and Final Pay Request – Saboungi Construction, Inc. – B-23 Canal, Phase II


Saboungi Construction Inc. has submitted Change Order No. 2 and final pay request for the B-23 Canal Phase 2 for approval.  Change Order No. 2 is for the net deletion amount of $7,052, a result of final field adjustments and reimbursement for mowing services provided by City crews.  The total revised contract amount is $1,210,063.  Quentin L. Hampton Associates, Inc., has reviewed and approved the request; and the Contract Modification and pay request which is attached for your review.  Staff recommends that Council approve Change Order No. 2 for the net deletion amount of $7,052 and final pay request of $60,503.15 to Saboungi Construction Inc. for completion of the B-23 Canal Phase II project.


Item 6 -           Replacement of Sludge Conveyors at the Reclaimed Water Plant


The City is currently in the process of performing a complete rehabilitation of the sludge processing equipment at the Reclaimed Water Plant.   The restoration of the presses is already well under way and continuing.


Another important element of the sludge processing is the auger style conveyor system that moves the processed sludge to the trucks for disposal.   A quote was obtained from Keller Sales & Engineering, the original equipment supplier and only known source for these units, for the complete restoration of the auger system.  The cost for this restoration is $52,723.80.


The conveyors are an essential part of the process and need to be addressed along with the rehabilitation of the presses.   Staff recommends approval of Keller Sales & Engineering as the sole source vendor for this work and authorization of a purchase order for this work in the amount of $52,723.80.  Funds are available in the current CIP, Project #SSP002, account #42104005356397.


Staff recommends that Council approve Keller Sales & Engineering as the sole source supplier for replacement of sludge conveyors at the Reclaimed Water Plant and authorize a purchase order in the amount of $52,723.80.


Item 7 -           Approve Sole Source of Vehicle Equipment for Patrol Vehicles


The Police Department is requesting authorization to purchase the attached listed vehicle equipment for new patrol vehicles.  This quote also includes labor to install said equipment into the new vehicles.  The sole source quote from Communications International is $54,511.28.  A copy of the quotation from Communications International is attached.  Funding is available in the Forfeiture Account No. 607-3200-521-6406.  Staff recommends that Council approve the sole source purchase of vehicle equipment for new patrol vehicles from Communications International.


Item 8 -           Authorization to Negotiate Contract – Municipal Parking Consulting Services


Earlier this year the City requested proposals from qualified firms to provide Municipal Parking Consulting Services to the City.  The initial Scope of Services will be the Feasibility Study for the multi-modal (parking) structures in Riverwalk. 


A total of 7 firms responded to RFSQ #07-03.  The seven (7) firms were evaluated and short-listed to four (4) firms.  The Selection Committee, consisting of Vice-Mayor Mary Martin, Chief Monahan, Mike Ulrich, Capital Facilities Projects Coordinator,  Wayne Clark, Community Development Director, and Donna Steinebach, Assistant to the City Manager,  heard oral presentations from the top four (4) firms.   At the conclusion of the oral presentations, the Selection Committee ranked the candidate firms as follows:


1)     Timothy Haas & Associates, Inc.; 

2)      Rich and Associates, Inc.,

3)      Integrity Parking Systems, LLC, and

4)      Carl Walker, Inc. 


Staff recommends that Council approve the final ranking of the firms responding to RFSQ #07-03 as presented and to authorize staff to enter into contract negotiations with Timothy Haas & Associates, Inc.


City Manager’s Comments:  The CRA will pay for the consultant.  This is needed to size the parking garage correctly and to establish a revenue stream that can be used to finance and operate the structures once they are constructed.


Item 9 -           Monthly Development Activity Report and the Building Activity Report for January and February, 2007


Attached is the Development Activity Report for February, 2007, and the Building Activity Report for January, 2007.  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 Monthly Development Activity Report for February, 2007, and the Building Activity Report for February, 2007.


Item 10 -        Renew and Add Areas to the Landscape Maintenance Contracts


In March, 2006, Council awarded the Landscape Maintenance contract to three vendors:  Glenco Lawns Inc.; Tuff Turf; and Tif-Jen Inc.  These contracts are due to expire and each vendor is willing to renew without any increase in price except for the CPI rate adjustment as allowed by contract.  This rate adjustment will be 1.37% and is based on 75% of the Consumer Price Index of the Southern States.  Staff is also requesting to add the Police Department and Amphitheater expansions to the contract with Tif-Jen and to add a second pond to Area No. 3 on Nova Road under Glencoe’s contract.  The total annual cost for all maintenance, including the new areas, will not exceed $692,083.47 and the commentary provides detail as to funding and the cost of adding the new areas.  Staff recommends approval to add the areas as explained in the commentary and renew the landscape maintenance contracts with Glencoe Lawns Inc., for a total annual cost of $60,864.53; Tuff Turf for a total annual cost of $141,830.22; and Tif-Jen for a total annual cost of $489,388.72 for a combined total cost of $692,083.47.


Item 11 -        Contract for Emergency Food Preparation Services


Attached is a proposed contract with Amber’s Jewel Catering.  Amber’s Jewel has worked with the City for several years and has catered many functions held at the Complex.  This contract will give us another option for providing food service during emergency situations.  Staff recommends that Council approves a contract with Amber’s Jewel Catering for food preparation services during emergencies.


City Manager’s Comments:  When the City moves into emergency operations, the City operates a 24 hour per day food service program because of the shifts worked by employees.  We have an agreement with Cypress Head to provide food preparation services, but there is a need for an additional food service group to do food preparation during this time.  This agreement allows us to utilize Amber’s Jewel Catering to provide food service preparation services during emergency operations.


Item 12 -        Brighthouse License Agreement


Staff has been working on the overall technology plan for the City of Port Orange.  Part of that plan is to continue the expansion of fiber optic lines throughout the Municipal Complex.  Brighthouse has agreed to provide fiber optic service to the Port Orange Regional Library.  In turn, Brighthouse will provide the City with a credit of $150.00 per month on other high-speed services; and the conduit/fiber will become the property of the City should service ever be abandoned at the library. 


Staff recommends that Council approve the attached license agreement with Brighthouse to provide high speed internet access to the Port Orange Regional Library for a credit of $150 per month on the City’s high-speed services and for the City to retain ownership of the conduit/fiber




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.




Item 14 -        Second Reading – Ordinance No. 2006-51 – Small Scale Future Land Use Amendment – The Palms


We recommend approval.


Item 15 -        Second Reading – Ordinance No. 2007-7 – Rezoning and Approving a Master Development Agreement and Conceptual Development Plan – The Palms Planned Unit Development


We recommend approval.


Item 16 -        Second Reading – Ordinance No. 2007-9 – Amending Article III, Sections 14-48 and 14-54 of the Code of Ordinances Relating to Building Permit Fee Changes


We recommend approval.



Item 17 -        First Reading – Ordinance No. 2007-13 - Amending Chapter 18 of the Code of Ordinances Relating to Change of Occupational License Tax to Local Business Tax


The subject ordinance amends Chapter 18, of the Code of Ordinance, to be in compliance with State Statute change of name from the “Local Occupational License Tax Act” to the “Local Business Tax Act”. 


The nomenclature, “occupational license” may imply that the holder of the license possesses certain qualifications or competency in a profession.  In addition, it has provided some unscrupulous persons the opportunity to present a local occupational license to consumers as proof of competency to perform certain repairs and services.  Changing the name of “local occupational license” to “local business tax” may eliminate some misrepresentation and false reliance.


Staff recommends that Council approve the attached ordinance amending Chapter 18, of the Code of Ordinance, City of Port Orange, Florida to be in compliance with State Statute change of name from the “Local Occupational License Tax Act” to the “Local Business Tax Act.” 


Second Reading:   April 17, 2007           


Item 18 -        First Reading – Ordinance No. 2007-14 – Small Scale Land Use Amendment – Bipin Rama


This is a request to amend the Future Land Use Map of the City of Port Orange comprehensive Plan-Update ’98 for 4.88 acres of property located at 812 Airport Road from Volusia County Urban Low Intensity (0.2 to 4.0 units/acre) to City of Port Orange Rural Residential/Agriculture (0-2 units/acre.  If approved, the owner intends on rezoning the property to “PUD” (Planned Unit Development) and subdividing the property into four single-family residential lots.


Planning Commission Recommendation:      The Planning Commission recommends approval 7-0.


Staff Recommendation:   Staff recommends approval.


Second Reading:   Will occur after review by Growth Management Commission



Item 19 -        Resolution No. 07-22 - Proposed Easement Vacation – Hidden Lake Phase IV-A Subdivision, Lot 72 (4717 Hidden Lake Drive)


The Community Development Department has received a request to vacate a portion of the easterly rear yard 10.00-feet wide Drainage and Utility Easement located on Lot 72 of the Hidden Lake - Phase IVA Subdivision. The property owner has made this request in connection with a proposed pool deck and screened pool enclosure to be constructed in to the easement. The easement vacation application and legal description have been reviewed for completeness and accuracy. Total allowable lot coverage has not been exceeded and enough easement area will remain for necessary drainage. City departments have reviewed this request and have no outstanding concerns. There are no currently planned drainage or utility improvements proposed for this area in the future. The easement may be vacated, as described in the attached Exhibit “A”, to the extent that it is not being used.

Staff recommends that Council approve the attached resolution vacating the westerly 5.00 feet of the easterly rear yard 10.00-feet wide Drainage and Utility Easement located on Lot 72 of the Hidden Lake - Phase IVA Subdivision, per the attached legal description.


Item 20 -        2006 Concurrency Management Report


This is a request to accept the 2006 Concurrency Management Report as presented by staff.  Although this report does not recommend any development moratoriums for the current fiscal year, it does recommend that Council not approve any new Future Land Use Amendments or zoning changes that would increase the allowable density of projects along Taylor Road, west of I-95 and along South Williamson Boulevard, south of Taylor Road.  This is the same staff recommendation that was included in the 2005 Concurrency Management Report.  This measure is recommended to manage the current pace of growth on these two corridors until the programmed road widenings are completed.


Planning Commission Recommendation:      The Planning Commission recommends 7-0 acceptance of the report.


Staff Recommendation:   Staff recommends approval.


City Manager’s Comments:  With the failure of Volusia County to construct South Williamson Boulevard south of Moody Bridge, essentially no new development can occur.  There are developments that have vested before Volusia County made the decision to not construct South Williamson Boulevard south of Moody Bridge.  We are working on an approach that would allow the South Williamson project south of Moody Bridge to progress with new development being charged to pay for the construction.  Since South Williamson is impacted by multi-jurisdictions, it will be important for us to develop a methodology that allows the project areas that are impacting it to assist in paying their share of the cost.  Taylor Road is a problem area.  It is a County road, too.  We will need to explore other options related to Taylor Road.  With Town West Boulevard opening, it may provide some relief to Taylor in the short term but not in the long term.  The City needs to be in a position to voice our opposition to any development that is occurring west of Port Orange that is impacting Taylor Road.  Also, it is important that SummerTrees is extended through to South Williamson so as to provide an alternative to going through the intersection of Taylor and South Williamson.  The improvements that are being made under Interstate 95 are a temporary solution to the traffic issues there.  Yorktowne will play a major role in improving the traffic circulation at this intersection.  It is extremely important that the City and the County work together to get the road constructed all the way through to Willow Run Boulevard. 


The final road segment that needs to be addressed is South Williamson Boulevard north of Madeline Avenue.  With the proposed development that Daytona Beach is proposing in the area, it is essential that the trips being generated on South Williamson Boulevard be looked at carefully.  Our analysis is already showing the need to add lanes in the section north of Madeline.  It will not be long before we will need to add lanes down to Willow Run Boulevard.  Last year, we initiated a study with New Smyrna Beach, Edgewater, and the County looking at the transportation issues south of Taylor Road.  We may need to enter into a similar study for areas north of Taylor Road with the County and Daytona Beach.  Although we have not looked at the transportation issues empirically, it may be time to do so since the County is proposing several changes in the airport area as well as Embry-Riddle’s planned research park.  We do not want to be in a position of opposing these economic development projects.



F.                 PUBLIC UTILITIES


Item 21 -        Resolution No. 07-23 - Westport PCD Agreement for Construction of a Joint Use Retention Pond Required for the Construction of SummerTrees Road



We are now in the final stages in coordinating all of the necessary parts of this very complicated Summertrees Road (aka Homier Road) Project.  Our roadway design plans are completed and we are also in the final stages of negotiating with Volusia County, St. Johns River Management District, and the Army Corp of Engineers in the permitting process.  Our current roadway / stormwater treatment design, however is based on cost effectively utilizing a shared-use pond to treat the stormwater run-off from the Summer Trees Road Project and the Westport Shopping Center Phase II Development. The City has worked with the Westport P.C.D. representatives and their engineering consultant on the design details and terms of this design, and drainage easement for many months. The proposed agreement, as drafted, will allow for the joint sharing of a future retention area by the City with the present and future owners of Westport Shopping Center Phase II. 


By signing this agreement, the City is committing to completing the stormwater design and permitting of the joint use pond.  We are also agreeing to construct and to pay for all costs and related damages due to the construction and wetland mitigation of the City’s share of the pond.  No direct financial compensation to Westport P.C.D. for the use of their property and the dedication of the drainage easement is currently anticipated. Language has been included to obviously protect them, should future construction, permitting, or legal problems occur, since the drainage easement must be dedicated to the City prior to the subsequent construction activities occurring on their property.


We request Council approval of this agreement, so that the necessary drainage easement may be recorded and construction of Summertrees Road and the retention pond on the Westport P.C.D. property may proceed. 


Staff recommends that Council approve the attached resolution regarding an agreement with Westport P.C.D. for the construction of a Joint Use Retention Pond, and to authorize the Mayor and City Manager to execute the Resolution and associated agreement documents.




Item 22 -        First Reading – Ordinance No. 2007-15 - Amending Section 54-138 of the Code of Ordinances Authorizing Third Party Payments as a Deduction from the Police Pension Benefits for Specific Purposes


Recent changes in Federal law governing public pension plans for public service employees, specifically the Pension Protection Act of 2006, permits the pension recipient to authorize the Board of Trustees to withhold from the monthly benefit those funds necessary to pay for health care and long-term care insurance premiums up to $3,000 annually tax deferred.  The proposed amendment attached hereto also provides for the disbursement of child support and alimony payments as authorized and requested by the pension recipient.  The Police Benevolent Association has furnished an opinion that the revision does not require a vote of the Union membership.  The actuary has provided an actuarial impact statement to the effect that there is no impact to the cost of the plan as a result of the suggested revision of the existing ordinance.  The proposal does not increase the benefit level or cost of the plan.  Staff recommends that Council amend the existing ordinance to authorize third party payments as a deduction from their benefits for specific purposes.


Second Reading:   April 17, 2007





Item 23 -        Second Reading – Ordinance No. 2007-10 – Amendments to the Port Orange Town Center Community Redevelopment Plan


We recommend approval.


Item 24 -        Second Reading- Ordinance No. 2007-11 – Amending Chapters 4, 17, and 18 of the Land Development Code to Create a New Zoning District Entitled Planned Community – Port Orange Riverwalk (PC-R)


We recommend approval.


Item 25 -        Second Reading  - Ordinance No. 2007-12 – Rezoning – From Current Zoning to PC-R (Planned Community Port Orange Riverwalk)


We recommend approval.


Item 26 -        First Reading – Ordinance No. 2007-16  - Creation of a Capital Project and Related Services Assessment Ordinance


The City has several projects that may be funded by special assessment.  The projects under study and consideration include the Port Orange Business Park on Williamson Boulevard, the Transportation Concurrency Exception Area in Riverwalk, Yorktown Boulevard extension, Riverwalk capital improvements, B-23 Canal, and Halifax Shores Canal.


Of the above projects, the Port Orange Business Park will be the first project to come before the City Council.  It is wholly owned by the City of Port Orange, and consists of approximately 78 acres including four developable lots of about 40 acres located west of I-95 and east of Williamson Blvd.  The creation of a special assessment district will spread the capital and related services costs associated with the project over those properties which derive a special benefit.


Approval of this Ordinance on first reading is the first step in the process of creating the special assessment area.  If approved, second reading of the Ordinance and consideration of the initial Assessment Resolution for the Port Orange Business Park will be presented to the City Council on April 17, 2007.  The public hearing date for the Special District and adoption of the Final Assessment Resolution would occur on May 22, 2007.


Staff recommends that Council approve the attached ordinance providing for the creation of a capital project and related service assessment ordinance to fund project costs of local improvements and operating costs of related services, and to authorize the Mayor and City Manager to execute all associated documents on behalf of the City.


Second Reading:   April 17, 2007           


Item 27 -        Resolution No. 07-24 - Grant of Easement to FPL for Eastport Business Park, Unit II Utility Installation


To facilitate the installation of electric power in Eastport Business Park, Unit II, Florida Power & Light has asked the City to grant a permanent non-exclusive easement for the construction, operation, and maintenance of underground electric utility facilities at the northwest corner of Eastport Parkway and Commonwealth Boulevard.   Since the property upon which this easement is required is City-owned but not part of the plat of Eastport Business Park, Unit II Subdivision, it is necessary for the City to provide this easement by separate instrument.


The subject utilities are to be installed by directional bore in a diagonal manner.  Granting this easement is not viewed as limiting the use of the impacted property  since the property is low-lying and not suited for or planned for development.


Staff recommends that Council grant Florida Power & Light a permanent non-exclusive underground utilities easement over a City-owned parcel at the northwest corner of Eastport Parkway and Commonwealth Boulevard.


Item 28 -        Transfer of Airport Road Property to Volusia County


Recently, the City Council approved the sale of the frontage of the storage tank site on South Williamson.  This was needed for right of way.  When it was before the County Council, there were questions about why the City was charging the County for the land.  This land is owned by the Water and Sewer Fund.  Since it is an asset of the fund, the City cannot simply give it to the County.  There are several options available to the City.  The first option is for the General Fund to acquire the strip of land from the Water and Sewer Fund and then the General Fund could make the land donation to the County for right of way.  The second option is for the Water and Sewer Fund to retain the underlying ownership of the land and grant the County an easement to use the land for construction of South Williamson.  The third option is to request that the County pay for the land.  The easiest way is for the City to acquire the land from the Water and Sewer Fund and then make a donation of the right of way to Volusia County.  The cost of the land is $44,000.  We do not need to haggle with the County over $44,000 that potentially delays the construction of South Williamson.


Item 29-         Second Amendment and Restatement of Lease Agreement between City of Port Orange and Palmer College Foundation, Inc.


Palmer Chiropractic Florida has leased the Allen Green Center since May, 2002.  The attached amendment will continue that lease through March 31, 2009.  Staff recommends that Council approve the extension of the Lease Agreement with Palmer Chiropractic Florida for use of the Allen Green Center through March 31, 2009


City Manager’s Comments:  We have changed some of the provisions in the lease.  First, Palmer needs additional parking at the Green Center.  The City needs additional parking for special activities here at City Center, too.  When the property was master planned by the church, they designed and designated future parking areas.  Those are the areas that will be incorporated into the new parking plan at the Center.  Second, we will provide a connection between the upper west parking lot to the Green Center that can be simply opened during special events at City Center so that we can utilize the full parking areas at Green.  Palmer will pay for the parking lot improvements.  They will receive a rent  credit of up to $330,000 for making the improvements.  However, the rent credits will not start until the parking lot is actually completed.  This is the same type of arrangement that we used when we expanded the building by 10,000 square feet about 6 years ago.  Third, we have changed some of the maintenance responsibilities.  Under the current contract, the city is responsible for the janitorial services and certain maintenance activities at Green.  This lease agreement places those responsibilities with Palmer.  Finally, there is a payment of $50,000 due at the end of the lease period to pay for any replacement of carpet, painting, etc., that will need to be done to the building when it reverts back to the City. Palmer has been a good partner with us.  Therefore, I am recommending approval.  The City gets the improvements that it will need when the Center eventually reverts to the City of Port Orange.




Item 30-         Comments/Concerns from Council Members


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