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

May 1, 2007


Date:               April 25, 2007



A.                 OPENING


Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call



B.                 BOARD APPOINTMENTS


Item 4 -           Environmental Advisory Board


Three appointments need to be made to the Environmental Advisory Board.  The terms of Pete Atwood, Suzanne Grubbs, and Paul Minshew will expire on May 7, 2007.  All have expressed a desire to be reappointed.  The new terms will expire on May 7, 2010.  Currently, there are no other applications on file.




Item 5 -           Building Safety Week Proclamation


Attached is the proclamation for the week of May 6, which will proclaim that week as Building Safety Week.



D.                CITIZEN PARTICIPATION (Non-Agenda – 15 Minutes)

E.                 CONSENT AGENDA


Item 6 -           Approval of Minutes


Attached are the minutes of the following meetings: 


Regular and Special Meetings of March 6, 2007

Regular and Special Meetings of March 20, 2007

Regular and Special Meetings of March 27, 2007


If you have questions, please contact either Shirley Kelly or me.  We recommend approval.


Item 7 -           Update on Construction Projects


Attached is the report from Quentin L. Hampton Associates.  If you have questions, please contact Mark Hampton, Roger Smith, Warren Pike, or me.


Item 8 -           Update on Recreational Facilities


Attached is the report from Parks and Recreation.  If you have questions, please contact either Susan Lovallo or me.


Item 9 -           Road Construction Report


Attached is the Road Construction Report.  If you have questions, please contact either Warren Pike or me.


Item 10 -        Approve Impact Fee Assessment Services


The City staff issued a Request for Statements of Qualifications for providing Impact Assessment Fee Services for the areas of:  Transportation, Recreation, Fire, and to evaluate the potential of an additional Public Safety (law enforcement) Impact Fee.  The Selection Committee comprised of George Steindoerfer, Ken Parker, John Shelley, Gerald Monahan, Tom Weber, and Glen Walker short listed three firms.  They then heard oral presentations from those three firms.  The committee by consensus determined the final ranking of those short-listed firms as follows: 


1.                  MuniFinancial Services

2.                  Tischler-Bise

3.                  Tindale-Oliver


Staff requests that Council approve this final ranking and authorize the Mayor and City manager to sign the formal agreement with MuniFinancial for a contract amount not to exceed $26,000.


City Manager’s Comments:  MuniFinancial is a national firm who is involved in doing these types of studies.  We talked with them about their pricing strategy.  They have completed a few financial studies and impact analyzes in Florida.  At this point, they are not one of the big players.  They are still establishing their name in Florida.  This is the year to evaluate all our impact fees with the exception of Water and Sewer.  We reviewed water and sewer fees last year. 


Because of the need to revalidate our impact fees, I am recommending that we employ MuniFinancial Serivces to validate the fee structure for Port Orange fees.


Item 11 -        License Agreement for Irrigation and Landscaping Improvements on Orange Boulevard


This license agreement enables the City of Port Orange to grant the Licensee permission to enter upon and utilize the right of way known as Orange Boulevard for the purpose of installation, maintenance, repair, replacement, and removal of irrigation and landscaping improvements approved by the City as shown in Exhibit “A” of the agreement.  This agreement does not permit the Licensee to use the U. S. 1/Ridgewood Avenue right of way for any such purposes.  Staff recommends that Council approve the attached license agreement between James A. Lollich and the City of Port Orange to allow for the licensee to provide irrigation and landscaping improvements in the City right of way known as Orange Boulevard, a 100 ft. wide City right of way.


F.                 TABLED ITEMS


Item 12 -        First Reading- Ordinance No. 2007-17 – Annexation – Wal-Mart (Tabled March 27, 2007)


We recommend that this item remain on the table.


Item 13 -        First Reading – Ordinance No. 2007-18 – Approving a Master Development Agreement and Conceptual Development Plan for the Port Orange Nova Road/Madeline Avenue Wal-Mart (Tabled March 27, 2007)


We recommend that this item remain on the table.




Item 14 -        Report from Environmental Advisory Board


A representative of the Environmental Advisory Board will make a report to Council at this time.


H.                 FINANCE


Item 15 -        Monthly Financial Report


John Shelley will provide the monthly financial report.


I.                     COUNCIL COMMENTS


Item 16 -        Comments/Concerns from Council Members


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




At the conclusion of this meeting, I am requesting the City Council convene a shade meeting for the purpose of discussing the PEA contract and contract negotiations.  Those who will be present will be Port Orange City Manager, Ken Parker, Interim Human Resources Director, Glen Walker, and City Attorney, Margaret Roberts.  This will be for the purpose of providing guidance and negotiation strategy.   We estimate that the meeting will begin at 7:30 p.m. or immediately after the City Council Meeting concludes whichever is later.  It is estimated that the meeting will last for about 1 hour.