To:                   Mayor Allen Green

                        Vice Mayor Mary 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 June 19, 2007


Date:               June 11, 2007



A.                 OPENING


Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call


B.                 TOWN CENTER CRA MEETING


There are several items on the agenda for consideration by the Town Center CRA.  Among those are to award a contract for the parking consultants.  Recently, Shannon Lewis attended a meeting where questions were raised about the fees the City was paying for parking, traffic consultants and park design consultants if the project was being delayed. 


Some of the items, such as the traffic consultants are needed to comply with the Comprehensive Plan conditions imposed by the State of Florida as a condition of their approval.  One of the questions raised is how much parking is really needed for the project and how should it be configured and what is the best method of financing the improvements.  The internal city staff does not have that expertise.  It is critical that parking be analyzed and designed properly.  The third component is the park design.  The City has received a grant from the Florida Inland Water Navigation District for the design of the boardwalk and park.  The boardwalk design is an important element of the project.  Although the residential component of Riverwalk is delayed, the Master Developer has indicated that they want to move forward with the commercial sector.  We are working on the Capital Facilities Agreement.


Should you have questions, please feel free to contact Donna.


C.                EAST PORT CRA MEETING


The CRA has received a request for waiver of certain fees.  The City cannot waive fees.  However, the CRA can evaluate the project and determine if fee waivers are appropriate and pay the fees as an incentive.  Our Economic Development Ordinance provides for this provision.  See Donna’s memorandum related to this project. 


Should you have questions, please feel free to contact Donna.


D.                BOARD APPOINTMENTS


Item 4 -           Code Enforcement Board Appointment – 1 Appointment


One (1) appointment needs to be made to the Code Enforcement Board with the term to expire on April 5, 2010.


Staff recommends that Council approve one (1) appointment to the Code Enforcement Board with term to expire on April 5, 2010.



Item 5 -           Library Advisory Board – 5 Appointments


Five (5) appointments need to be made to the Library Advisory Board with the terms to expire on July 18, 2010.


Staff recommends that Council approve five (5) appointments to the Library Advisory Board with the term to expire July 18, 2010.




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





Item 6 -           Approval to piggyback Volusia County’s Contract with GEL Corporation


Volusia County has renewed their recycling processing agreement with G.E.L. Corporation.  The City of Port Orange has piggybacked this contract in the past and staff wishes to continue doing so.  Under the agreement, G.E.L. Corporation agrees to accept and process recyclables collected within the City.  The agreement will be effective June 20, 2007 and continue for seven years unless terminated by either party according to terms in the agreement.


Staff recommends Council approval to piggyback the County’s contract with G.E.L. Corporation for recyclable materials processing and marketing services.



Item 7 -           Approve Pollution and Remediation Legal Liability Insurance


In order to provide the broadest financial protection for incidents arising from an environmental event involving pollution and remediation exposures, staff recommends the selection of the proposal provided by XL.  Proposals were solicited, through the City’s insurance broker, Brown & Brown Insurance, from insurance markets specializing in this type of coverage; two insurance companies submitted proposals and five companies declined to offer a proposal. XL has an A.M. Best’s Rating of A+, XV.


The premiums for the 07-08 policy term will be $34,304.65; the incumbent insurer submitted a proposal of $40,000.00. The proposal submitted by XL is $6,944.65 higher than the expiring policy premium, or about 25% higher than last year. The increase in premium cost is due to the City’s adverse claims experience during the past year.


Staff recommends the Council approve the selection of the Indian Harbor Insurance Company (“XL”) to provide underground and above ground storage tank pollution liability plus fixed site pollution legal liability insurance coverage for the period from June 21, 2007 to June 21, 2008.


Item 8 -           Amendment No. 1 to Increase Bellomo Herbert, Inc. Agreement for Professional Services for Site Design and Permitting of the Intersection Improvements for Coraci Park


Additional services are needed to design roadway plans for Road C extension per City of Port Orange requirements.  Services, site construction plans and calculations and fees for permits will generate and increase to the Bellomo Herbert Agreement in the amount of $13,500.00.  Funding is available in account 611 5100 572 6297 Project QPC025.


Staff recommends that Council approve Amendment No .1 to increase Bellomo Herbert’s agreement for Professional Services for Site Design and Permitting of the Intersection Improvements for Coraci Park in the amount of $13,500.00.


Item 9 -           Bid Award – SummerTrees Road Project


This project has been in the planning, design, permitting, and land acquisition stages for approximately two years. All of the required land, right-of-way and permits have been received.  Without the cooperation of Indigo Development Group, allowing us to use a portion of their property for storm retention, we would not have been able to build this project.  Property was also previously purchased from the SummerTrees HOA and New Hope Baptist Church in order to build this project.  We will be working very hard during the construction phase to protect all of these vested interests.


This roadway project will reconfigure and relocate the north entrance of SummerTrees Road onto Taylor Road from the south and will extend the new roadway northward to intersect with Williamson Blvd.  The northern terminus will then coincide with the future main entrance to the Pavilion Commercial Development, which is currently under staff review.  Volusia County has included the construction of the necessary traffic light at SummerTrees and Taylor Road with the Williamson Phase I Project at their cost, which is scheduled for County Council consideration on May 24, 2007.  The Pavilion Project will also be required to install an additional traffic light on Williamson Blvd. as part of their required project improvements.  Construction of SummerTrees Road will relieve much of the future traffic from the Williamson and Taylor Road intersection.


Our consultants, Quentin Hampton and Associates, in consultation with city staff, prepared construction documents.  Bids for construction of these improvements were publicly advertised and four bids were then opened on May 22, 2007.   After evaluating all of the bids received we have determined that Halifax Paving Inc. is the lowest responsive bidder.


We request your approval in awarding this contract to Halifax Paving Inc. in the amount of $1,960,679.75.  Funding for this project is currently available through a capital recovery agreement with D.R. Horton.  This road project will ultimately be funded through fair share agreements with developments needing this capacity improvement for concurrency approval.  Funds are currently available in CIP # POL019. 


Staff recommends Council to approve the bid award for the SummerTrees Road Project,

Bid # B07-11, to Halifax Paving Inc. in the amount of $1,960,679.75 and to authorize the Council to sign and execute all required contract documents.  


Item 10 -        Monthly Development Activity Report and Building Activity Report for April and May 2007


The attached Staff Reports include the Development Activity Report for May 2007 and the

Building Activity Report for April 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 Council to accept the Staff Reports (Monthly Development Activity

Report and the Building Activity Report) for April and May 2007.


Item 11 -        Request from Port Orange Police Department to use Kenneth W. Parker Amphitheater for National Night Out Against Crime on August 7, 2007


The Port Orange Police Department is requesting use of the Kenneth W. Parker Amphitheater for a National Night Out Against Crime event to be held August 7, 2007.  The cost for application fee, rental fee for use of the Amphitheater, personnel and miscellaneous items is $402.00 (Event cost estimate attached).  A fee wavier is requested by the Police Department.


Staff recommends Council to approve the use of the Kenneth W. Parker Amphitheater for National Night Out Against Crime on August 7, 2007.


Item 12 -        Increase to Contract with Quentin Hampton Associates for Design Construction of the Gymnasium & PAL Expansion/Renovation Project - $38,500.00


Quentin L. Hampton Associates, Inc. has incurred additional expense to the architectural

allowance for the Gymnasium and PAL Expansion/Renovation project.  $38, 500.00 is

needed to complete the project.


Staff recommends that Council approve the increase to Quentin L. Hampton Associates

contract for additional architectural allowance for the Design/Construction for the

Gymnasium and PAL Expansion/Renovation project in the amount of $38,500.00


City Manager Comments:  This project had to be redesigned and re-bid after the original structure was too expensive.  The amount the architect /engineer is requesting relates to those charges.  I would encourage you to speak with Mark Hampton or Susan Lovallo.


  1.      TABLED ITEMS



Item 13 -        First Reading – Ordinance No. 2007-17 – Wal-Mart (tabled 3/27/07)


This item will be required to be removed from the table on June 26.


Item 14 -        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 3/27/07)


This item will be required to be removed from the table on June 26.





Item 15 -        Citizen Advisory Committee for MPO


                        Ship Advisory Board


The SHIP Advisory Board is about to complete its work.  The SHIP Advisory Chairman, Pete Atwood will be reporting to the City Council on the Board’s progress.  Also, he will be asking the Council if there are items the Council desires the Board to pursue.


  1.     FINANCE


Item 16 –       Resolution No. 07-52 – Budget Execution Review


The City staff has completed a review of the fiscal year 2007 Budget Execution through

March 2007.  The attached budget resolution provides for the recognition of the budget

changes recommended from this review.


Staff recommends Council approval of Resolution 07-52.


City Manager Comments:  We have reviewed the 2006-07 budget.  There are some changes that have been made in the budget to align it with our current spending and allocation of personnel.  We asked all of our Departments to look at their spending for the remainder of the fiscal year.  We have made adjustments and delayed projects in order to preserve cash.  However, this budget does reflect a change in funding for the Assistant City Manager.  Formerly, a portion of the Assistant City Manager’s salary was paid out of the IT Budget.  We have moved the position from the IT budget and aligned it totally in the City’s operating budget.  That change is reflected in both the City Manager’s budget and in the IT budget.




Item 17 -        Time and Attendance Software Purchase (Automated Payroll)


As per City of Port Orange Technology plan B.3.D. “Evaluate and implement a Time & Attendance system”. These systems simplify and streamline the burdensome task of recording time worked by City Employees. This newer technology provides for the use of swipe cards that can be integrated with security, employee identification and electronic card keys to address building and facility access requirements. The software will run concurrently with the City’s financial modules (HTE, Inc.) as staff has researched.  The City of Naples is a Florida Municipality that is operating in this scenario.  The software is sole source justified as being the only known application that runs concurrently with the HTE payroll system.  Attached is the Sole Source Justification Form.  Funds have been allocated for this project in the following account 505



Staff recommends Council approval to execute the attached software contract from Echelon3 Technologies in the amount of $55,000.


City Manager Comments:  For many months, we have been looking for ways to record time so as to make it easier and less expensive for the City’s operation.  Currently, employees use time clocks.  However, each Monday morning, Departments collect the time cards and then place the hours on a computer sheet for submission to Finance for payroll payment.  The time and attendance software is designed to make the operations more efficient and to reduce the amount of time each Department spends in time and attendance admission. 




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


Staff has received a letter from the Volusia County Growth Management Commission (VGMC) stating that the VGMC has not received any objection to the above-referenced application for a land use amendment.  A copy of the letter is attached. The application is to change the Future Land Use Map designation of + 4.88 acres, from Volusia County Urban Low Intensity (0.2 – 4.0 units/acres) to City of Port Orange Rural Residential/Agriculture (0 – 2 units/acre).  The subject property is located at 812 Airport Road.


The application is consistent with the criteria of Ordinance 87-24, Section 6, as amended, of the VGMC Comprehensive Plan Certification Rules, and no objections were received, therefore, the VGMC has certified the application without the need for a public hearing.


Staff recommends Council approval of the proposed amendment.


Item 19 -        Second Reading – Ordinance No. 2007-23 – Administrative Rezoning – From Volusia County R-4 (Urban Single-Family Residential) to City of Port Orange R-7SF East of Ridgewood Avenue, North of Winifred Place


We recommend approval.



Item 20 -        Second Reading – Ordinance No. 2007-24 – Administrative Rezoning – From Volusia County R-5 (Urban Single-Family Residential) to City of Port Orange R-7SF (Residential Mobile Home) South of Fleming Avenue North of Niver Street, Eats of Isabelle Avenue


We recommend approval.


Item 21 -        Second Reading – Ordinance No. 2007-25 – Administrative Rezoning – From Volusia County MH-1 (Mobile Home Park) City of Port Orange RMH (Residential Mobile Home) South of Commonwealth Boulevard, North of Niver Street


We recommend approval.


Item 22 -        Resolution No. 07-53 – Comprehensive Plan Amendments – Water Supply


This is an administrative amendment to the City of Port Orange Comprehensive Plan – Update ’98, relating to water supply.  Included are text amendments to the Future Land Use Element, Public Facilities Element, Coastal Zone Management Element, Conservation Element, Intergovernmental Coordination Element, and the Capital Improvements Element.   If approved, the subject amendments will strengthen the link between land use and water supply planning and establish water supply as a concurrency requirement, as now required of all local governments by the State of Florida.  Pursuant to Chapter 163.3177(6)(c), F.S., the subject amendments do not count toward the limitation on the frequency of adoption of Comprehensive Plan Amendments.


Recommend approval, 5-0 (Commissioners Lasky and Parker excused), to transmit the Water Supply Planning Comprehensive Plan Amendments and Water Supply Work Plan to the Florida Department of Community Affairs and other review agencies. The staff report on this item is attached for your review.


Staff recommends Council adopt Resolution No. 07- 53, authorizing the transmittal of the Water Supply Planning Comprehensive Amendments and Water Supply Work Plan to the Florida Department of Community Affairs and other review agencies, as recommended by the Planning Commission.


Item 23 -        First Reading – Ordinance No. 2007-27 – Amending the Land Development Code by Amending Chapter 17, Section 29, relating to Workplace District Dimensional Requirements in the Planned Community – Agriculture Zone


Recommend approval, 5-0 (Commissioners Parker and Lasky excused) to amend Chapter 17, Section 29(e) of the Land Development Code to include dimensional and setback requirements for the Workplace District in the City’s PC-A (Planned Community-Agricultural) zone.


Staff recommends Council to adopt Ordinance No. 2007- 27, amending the Chapter 17, Section 29(e) of the Port Orange Land Development Code to include dimensional and setback requirements for the Workplace District in the City’s PC-A (Planned Community-Agricultural) zone.


Item 24 -        Proposed License Agreement – Countryside PUD Unit XII-A


Countryside PUD Unit XII-A (Waterbridge) Homeowners Association is requesting permission to install palm trees and landscaping in the eyebrow cul-de-sac located along South Waterbridge Circle. Although there has been landscaping in the cul-de-sac before there is no record of a license agreement.  Previous plantings died off and the HOA would like to replant to beautify their subdivision.  The proposed landscaping is drought tolerant and will require very little maintenance.


The license agreement has the effect of requiring the HOA to maintain and, if necessary, to replace these improvements with the accepted standard construction requirements of the City.  Further, should the HOA fail to abide by this agreement, the City is provided with the ability to take the necessary corrective action at the expense of the HOA.


Staff recommends Council approve and authorize the Mayor and City Manager to act on behalf of the City to execute the License Agreement for Countryside PUD Unit XII-A Subdivision, subject to the amendment as shown in underlining in paragraph 11.




Item 25 -        First Reading -  Ordinance No. 2007-28 – Revising Reclaimed Water Protocol and Policy


In 2001 the St Johns River Water Management District issued a water shortage order restricting irrigation uses to two days per week for both Potable (drinking) water and private wells or alternate sources.   Public Access Reclaimed water was not addressed in this order, and has remained at three (3) days per week irrigation on an alternating schedule.


The current drought conditions and continued extreme demand for reclaimed water for irrigation, as well as the potential additional demand from future development, require that we now look at restricting the use of reclaimed water for irrigation to two days per week as well.  This restriction would be under “conservation” conditions and would not be continuous throughout the year.


Two schedules are proposed.  Schedule A, the current schedule, is a protocol for “environmental preservation.” This schedule encourages usage three days per week, thereby reducing discharge to the Halifax River.  Staff anticipates operating under this schedule the majority of the year, based upon current usage patterns and climatic conditions. 


Schedule B is a protocol of “conservation,” restricting usage to two days per week.  The conservation schedule would be implemented (as well as rescinded) solely at the direction and discretion of the City Manager, when recommended by the Public Utilities Department in response to drought conditions or demands upon the reclaimed system. 


In either case, Council must recognize that future expansion of the public reclaimed system will increase the need for active enforcement of tightening watering restrictions if we are to provide service to all potential customers.  Approval by Ordinance is required to supercede the existing ordinance and to provide for enforcement of watering use violations.


Staff recommends Council approve the referenced ordinance, defining hours and days of use for reclaimed water, authorizing the City Manager to restrict reclaimed usage from three days to two days per week as necessary, and replacing Ordinance No. 1999-18.


Item 26 -        Resolution No. 07-54 – Vesting a Portion of McDonald Road as a Public Right-of-Way


In 2006, the Public Utilities Department authorized Sliger & Associates to conduct a field survey of the McDonald Road area beginning at Madeline Avenue and extending southerly. The survey work was conducted as part of the future utility adjustments required by the proposed easterly extension of Madeline Avenue to US 1. 


Limits of the McDonald Road roadway area that are publicly maintained were established in the field by Public Works and subsequently surveyed by Sliger.  Based upon an affidavit of Warren Pike dated 3/14/06, the survey shows the width of the maintenance.  The City Attorney indicates that the City can claim full rights to that portion of the right of way as of the date of the affidavit and as shown per the survey.  In addition, Community Development may use this survey for the limits of the City's rights in McDonald Road. 


Under this resolution, the width of the McDonald Road right-of-way will be established by the certified map and will vary based upon the width of the maintenance as depicted on the survey.


Staff recommends council to approve Resolution No. 07- 54 vesting a portion of McDonald Road as a public right-of-way.




Item 27 -        VCOG – Smart Growth Map A/B Lands


Enclosed is a revised Map A/B Lands.  Included on this disc is the entire map A/B lands as well as a section map.


Item 28 -        Resolution No. 07- 55 – Accepting Promissory Note from the Town Center CRA Re: Redevelopment Consulting Services


Earlier this year the City/CRA for Port Orange Town Center requested proposals from qualified firms to provide Municipal Parking Consulting services.  Tim Haahs & Associates was the top ranked firm of the seven (7) firms responding.  Staff has negotiated a contract for presentation to the CRA.  The first two tasks under this contract total $36,200.   By separate approvals of the CRA and Council, these funds can be made available to the CRA through issuance of a Promissory Note to the City of Port Orange and the City Council accepting this note.  This agenda item is the acceptance of the Promissory Note from the CRA. 


Funds are available in account 626-1900-515-31-63.


Staff recommends Council to approve Resolution No. 07-55, accepting a Promissory Note from the Community Redevelopment Agency for Port Orange Town Center in the amount of $36,200, and to authorize the Mayor and City Manager to execute appropriate documents for this transaction on behalf of the City.


Item 29 -        Contract Award – Tim Haahs and Associates, Inc. – RSFQ #07-03 – Municipal Parking Consulting Services


Earlier this year the City/CRA requested proposals from qualified firms to provide Municipal Parking Consulting Services.  Out of seven (7) respondents, Tim Haahs & Associates was the top ranked firm.  On March 20, 2007, staff was authorized to commence contract negotiations with the top ranked firm.  The attached contract is now being presented for formal approval.  


The initial tasks to be performed are the Supply/Demand Analysis and the Preliminary Financial Pro Forma for the multi-modal (parking) structures in the Riverwalk Project Area.  These tasks are detailed in Exhibit B to the contract.  The fees for these tasks are estimated at $23,800 and $12,400, respectively, for a combined total of $36,200.


Funds are available in account #626-1900-515-31-63. 


Staff recommends Council approve the contract with Tim Haahs & Associates, Inc., contingent upon acceptance of a Promissory Note by the City of Port Orange, and to authorize the Chairman and City Manager to execute appropriate documents on behalf of the CRA.


Item 30 -                    Neighborhood Investment Grant Program Award (Tree Top)


The Neighborhood Investment Program (NIP) provides eligible recipients with matching cash grants of up to $5,000 for projects that improve the quality of life in the City and serve specific neighborhoods.  The attached application from Tree Top was one of the projects that scored high enough to be eligible for funding.


The entrance signs for Tree Top are currently located half in the City right of way and half on private property.  The new signs would be built completely within the City right of way, leaving enough room for future sidewalks to be constructed.  Although the signs fall within the visibility triangle, they will be located behind the stop sign and stop bar and will not restrict a driver’s ability to see in either direction when stopped.  Staff recommends that the signs be allowed, but that they should be located as close to the private property line as possible, leaving sufficient room for a standard sidewalk to be properly constructed. A license agreement will be crafted to specifically mandate these requirements.


The grant amount requested is $3,700 for construction of the signs and landscaping.  In order to determine the location of the current signs, the neighborhood hired a surveyor.  Since a survey would be required as part of completing this project, staff recommends allowing this prepaid professional service be considered an eligible item of the project.  The total grant portion related to this item is $150.


Funding for the NIP grant awards is available in account No. 001-1000-580-8300.


Staff recommends Council approval to authorize the award of Neighborhood Investment Grant Program funds in an amount not to exceed $3,700 to Tree Top.




Item 31 -        Comments/Concerns from Council Members


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