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 22, 2007


Date:               May 14, 2007



A.                 OPENING


Item 1 -           Pledge of Allegiance

Item 2 -           Invocation

Item 3 -           Roll Call



B.                 SPECIAL REPORT


Item 4 -           Report from KemperSports Management


At this time, a representative of KemperSports Management will make a report to the Council on the golf course.


Item 5 -           Presentation of Audit Report


At this time, Alex Kish will present the City’s Audit Report. 


City Manager’s Comments:  The audit is complete.  I am pleased with it.  The auditor is willing to meet with each of you if you have not already met with him.  Please let Becky know so she can make arrangements.



C.                CITIZEN PARTICIPATION (Non-Agenda)

D.                CONSENT AGENDA


Item 6 -           Project Managers’ Report


Attached is the Project Managers’ Report.  If you have questions, please contact any of the Project Managers, Mark Hampton, or me.


Item 7 -           Change Order No. 1 – Masci Corporation – Cambridge Drainage Improvements, Phase II


A retention pond has been constructed off of Trailwood Drive as part of the drainage improvements for the Cambridge area.  Construction of the pond eliminated an FEC access road required for maintenance purposes.  Staff has determined the need to construct a bridge over the pond that will provide both a scenic walkway and access for FEC.  Masci Corporation has submitted a Contract Modification Sheet for Change Order No. 1 for the bridge construction for a total cost not to exceed $180,165 (see attached).  Total revised contract amount to Masci Corporation for the Cambridge Improvements Project, Phase II, is $5,293,100.  Funds are available in Account No. 41518005416397, Project No. DIP002.  Staff recommends that Council approve Change Order No. 1 for the additional amount of $180,165 to the contract with Masci Corporation for the Cambridge Drainage Improvements, Phase II.


Item 8 -           Legal Settlement with Brown & Brown


As part of a settlement agreement, Brown & Brown, Inc., has agreed to pay $1,800,000 to its Florida Government Entity Customers who were provided services between 1988 and 2005.  As the City of Port Orange is included with this group, we are entitled to share in the settlement proceeds.  In order to receive these proceeds, we must agree to release terms that are detailed in the attached Exhibit A.  Please see this exhibit for more information.  Staff recommends that the City accept this settlement as all fees paid to Brown & Brown, Inc., during this time period were done so in accordance with the City’s Purchasing Policy.


E.                 TABLED ITEMS


Item 9 -           First Reading – Ordinance No. 2007-17 – Annexation – Wal-Mart (Tabled 3/27/07)


We recommend that this item remain on the table.


Item 10 -        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 PCD (Tabled 3/27/07)


We recommend that this item remain on the table.



F.                 FINANCE


Item 11 -        Resolution No. 07-45 - Budget Appropriations


The City desires to acquire property for Cambridge Hazard Mitigation Drainage project.  The attached resolution changes the budget appropriations to fund the project.  Staff recommends approval.


Item 12 -        Monthly Financial Report


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



G.                PUBLIC UTILITIES


Item 13 -        Resolution No. 07-46 - Utility Agreement Associated with Brown’s Landing Authorizing City Cost Participation for Installation of Utilities



On August 15, 2006, Council authorized the City to cost participate with Spruce Creek Investments for the installation of a section of 12” water main and a 6” force main as part of the Brown’s Landing subdivision. The mains would traverse through the proposed development in lieu of installing the mains in the county-controlled ROW of Taylor Road.  The utility work was to be performed by the City contractor, who was already under contract to install other segments of water main as part of the Southwest Utility Reinforcements, more commonly referred to as the E-Loop. 


Regretfully, the Brown’s Landing project was delayed indefinitely.  Consequently, Spruce Creek Investments failed to execute the Council-approved contract.  Therefore, in order to complete the water main loop, the City reverted to its original plan, installing the main along the Taylor Road ROW. 


Because neither the resolution nor contract specified a time by which the agreement must be executed, a second resolution must be brought forward to formally rescind the City’s original offer.  However, it should be noted that at such time as Brown’s Landing develops, the City may entertain a cost participation agreement to upsize the water main through the project. 


Staff recommends that Council approve the resolution, rescinding Resolution 06-81 pertaining to the Brown’s Landing South Utility Agreement between Spruce Creek Investments, Incorporated and the City of Port Orange, which previously authorized City Cost Participation for construction of a utility main as part of Brown’s Landing, and to authorize the Mayor and City Manager to execute the resolution.



H.                 PUBLIC SAFETY


Item 14 -        Resolution No. 07-47 - The Hazard Mitigation Grant Program (HMGP)  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 Hazard Mitigation Grant Program 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.  The City has tentatively identified 25 homes and the owners will be offered the fund amount set by FEMA.  As the established value for these homes was set in 2005, there is an appeal process to appraise and then request FEMA to review and approve a higher value, if necessary.  If any of these homeowners decide not to sell their homes, the money not used will be returned to the State. 


A copy of the State contract that includes the initial homes identified for purchase is the supporting documentation.  Further, the HMGP grant provides for 75% of the cost for each home.  The remaining 25% will be paid by the City, except as otherwise approved by FEMA.  Staff recommends that Council approve the attached resolution authorizing the execution of the hazard mitigation agreement for $4,715,753 with the Department of Emergency Management and authorizing the Mayor and City Manager to execute contracts for sale and purchase of individual homes consistent with the attached template and subject to budget appropriations for the contracts.



I.                     ADMINISTRATION


Item 15 -        First Reading – Ordinance No. 2007-26 - Amending Chapter 17, Section 25.5 of the Land Development Code Relating to Riverwalk Overlay District


The subject ordinance is an administrative request to amend the City of Port Orange Land Development Code relating to the Riverwalk Overlay District.  The proposed ordinance clarifies that developments that were legal conforming uses preceding the creation of the Riverwalk Overlay District may continue as legal conforming uses.


Planning Commission Recommendation:      The Planning Commission unanimously recommended approval.


Staff Recommendation:   Staff recommends approval.


Second Reading:   June 26, 2007


Item 16 -        Resolution No. 07-48 - Port Orange Business Park Assessment Area Final Assessment Resolution


Pursuant to Ordinance 2007-16, which adopted the Capital Project and Related Services Assessment Ordinance, the City of Port Orange is authorized to establish assessment areas to fund capital improvements and project costs in certain areas, including the Port Orange Business Park.


The Initial Assessment Resolution, approved by the City Council on April 17, 2007, set forth the required legal requirements and information necessary to establish the Port Orange Business Park Assessment Area. 


The Final Assessment Resolution specifically creates the Port Orange Business Park Assessment Area, imposes special assessments and establishes the maximum annual amount for each tax parcel, approves the assessment roll, amends the Initial Assessment Resolution to provide more favorable financing rates to the City, and provides for the collection of the assessments.  This item has been advertised as a public hearing and affected property owners have been noticed as required. 


Staff recommends that Council approve the attached resolution providing for the creation of a special assessment area to fund capital improvements and project costs in the assessment area, and to authorize the Mayor and City Manager to execute all associated documents on behalf of the City.


Item 17 -        Resolution No. 07-49 - Countryside PUD Phase IV-C Homeowners Association, Inc., Transfer of Private Streets to City


The private streets known as Pendelbury Court, Mori Court, Sandlebury Court, and Smokerise Boulevard, being generally a part of the Steeple Chase residential area, area set forth on the plat for Countryside PUD, Phase IV-C, recorded in Plat Book 43, Page 88, Public Records of Volusia County, Florida.  Residents petitioned the City Council for the transfer of the private streets to the City.  The ownership records have been reviewed and approved, subject to City Council’s acceptance of the dedicated streets.  Public Works and Community Development have reviewed the proposed transfer and have found no objection.  Street improvements by the City will not be required for the transfer.  Staff recommends that Council approve the attached resolution for the dedication to the public of existing private streets known as Pendlebury Court, Mori Court, Sandlebury Court, and Smokerise Boulevard and for acceptance by the City of Port Orange.


Item 18 -        Determination on Whether the City of Port Orange Will Remain Part of WAV


On May 25, the City of Port Orange will need to let the members of the Water Authority of Volusia know if the City will exercise its option of withdrawing from WAV.  The City of Port Orange has paid its dues for the entire year.  The budget proposal that is before the organization would not require dues to be paid during the upcoming fiscal year.  Included in the WAV Budget for the upcoming year is the Water Conservation Program.  This is a program that the City of Port Orange has participated in for many years.  Deborah Green has headed up this effort.  A conservation program is a requirement in our CUP. 


If the City of Port Orange decides to withdraw from WAV, we should explore contracting with WAV to provide conservation services.  I reviewed the budget document a few weeks ago.  My major concern with the budget is that it has no program.  It has dollars but no outcomes are placed in the document for many of the line items.  I told the group that I could not recommend to Council Member Steindoerfer to vote for the budget in its current condition since it did not have a work program attached.


Item 19 -        Brush/Tanker Apparatus


The current brush truck is 21 years old and the tanker is 23 years old.  Both vehicles are out of service for repairs and not available for response a high percentage of the time.  We are recommending the purchase of an ACT Wildland Ultra XT.  The vehicle price is $399,165, with associated equipment estimated at $11,741, for a total project cost of $410,906.  Funding has been designated in the Lease/Finance Wetland Mitigation Fund and the General Fund will pay the lease rate at 80% and 20% respectively. 


Staff recommends that Council approve the purchase of a 6 x 6 BrushTanker Apparatus from S&S Fire Apparatus Company under GSA Contract GS-30F-1033D for a total cost of $399,165.


City Manager’s Comments:         We have talked with the Forestry Division of the State and our Forester.  This truck will meet the needs of our Forestry Management Program.  Also, we examined multiple types of vehicles, and this one has foam capacity as well as carrying its own water tank.  Some of the alternatives would have to have a tanker as an additional piece of equipment.  Funding would come from the mitigation bank since we are responsible for providing fire control in that area.



J.                  COUNCIL COMMENTS


Item 20 –       Comments/Concerns from Council Members


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


Item 21 -        City Council Committee Reports


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