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 26, 2007


Date:               June 18, 2007



A.                 OPENING


Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call


B.                 SPECIAL REPORT


Item 4 -           Report from KemperSports Management


A representative of KemperSports will make a report to Council at this time regarding The Golf Club at Cypress Head.




Item 5 -           Presentation from Daytona Dirt Riders


Each year, the Daytona Dirt Riders hold the Alligator Enduro on the City Wellfields.  After the event, they select a group to make a donation to.  They have selected the Police Athletic League to give a check to this year.



E.                 CONSENT AGENDA


Item 6 -           Project Managers’ Report


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


Item 7 -           Approve Final Ranking of Surveying Services


Staff issued an RFSQ for Surveying Services on a continuing basis as needed.  Sixteen submittals were received and evaluated.  Seven firms were short-listed and made oral presentations to the committee.  The final ranking was as follows:  Dyer, Riddle, Mills & Precourt (DRMP); Southeastern Surveying Inc.; CPH; Sliger Associates; and Tomoka/Trim-Wade.  Four of the firms have had previous contracts with the City for these services.  Funding for these services is on a project type basis as needed.  Staff recommends that the Council approve the final ranking and authorize staff to enter into contract negotiations with the five top ranked firms. 


Item 8 -           “Piggyback” Bid B-07-07 – Demolition of Homes (Cambridge)


Earlier this fiscal year, the Council awarded the above bid to Set Materials dba Chips Dozer Inc. who was the lowest responsible bidder on B07-07 in the amount of $3,260 per home.  To add, Set Materials already knows the requirements, etc., for the Department of Environmental Protection, etc.  Staff contacted Set Materials to inquire if they would hold that bid price for these additional homes.  Set Materials agreed.  Therefore, staff is recommending that Council award this “piggyback” bid of our own bid to Set Materials in the amount of $3,260 per home.  Funding for this is subject to budget approval and acceptance of above-referenced grants.


Item 9 -           Change Order No. 1 to Landscape Contracts with Tif-Jen, Inc. and Glenco Lawns


The landscaping work is now complete on the Nova medians and on two retention ponds along Nova Road.  These areas are currently maintained under contracts with Tif-Jen (medians) and Glenco Lawns (ponds) and both vendors have submitted proposals to include the additional maintenance tasks now required.  Both the medians and retention ponds were under contract for mowing services only and now they require edging, weeding, pruning, mulch, and spray applications for fertilizer, weed and pest control. 


As shown on Tif-Jen’s submittal attached, total revised annual cost for the medians is $41,188.  Glenco Lawns’ submittal is also attached and, as shown, the total revised annual cost for maintenance on the retention areas is $21,110.56.  If approved, change orders will be effective July 1 and funds are available in Accounts 001-4300-541-3420 and 412-1800-541-3420.  Staff recommends that Council approve Change Order No. 1 to the contract with Tif-Jen Inc. for the amount of $20,432.49 and Change Order No. 1 to the contract with Glenco Lawns Inc. for the amount of $19,180.07.


F.                 TABLED ITEMS


Item 10 -        First Reading – Ordinance No. 2007-17 – Annexation – Wal-Mart (Tabled 3/27/07)


I will be requesting that this Ordinance be removed from the table.  The City of South Daytona has revoked the de-annexation ordinance.  Therefore, there is no need for the passage of this ordinance.  I will recommend the Ordinance be voted down. 


Item 11 -        First Reading – Ordinance No. 2007-18 – Approving a Master Development Agreement and Conceptual Development Plan for the Port Orange Nova/Madeline Avenue Wal-Mart (Tabled 3/27/07)


This item, by rule, must be brought off the table on June 26.  The Council rule is that an item that has been on the table for 3 months must be brought off the table for review by the City Council.  Mike Disher has prepared an update on this item based upon a Wal Mart resubmittal.  Remember this is a PCD document, not a convenient zoning document.  As I recall, these were the items discussed by the City Council at the last meeting:  The City Council asked Wal Mart to evaluate the drainage by running models with characteristics of Jean, Francis, and Charley.   The City requested additional information on traffic issues.  The City Council asked Wal Mart to consider a smaller store on this property.  The City Council asked Wal Mart to consider reduced hours for this site rather than a 24 hour operation.  The City Council asked Wal Mart to consider a different left turn lane configuration for this site off of Nova Road.  At least one Council member asked about allowing access to the property only from Nova Road, not off of Madeline Avenue.   The City Council asked about security issues on the property, including how to keep carts on the property and provide security for the parking lot.  


G.                FINANCE


Item 12 -        CIP Workshop


The proposed Five Year Capital Improvement Program for Fiscal Years 2008 to 2013 is attached.  The first year of this program is incorporated in the proposed budget for this upcoming fiscal year.  The five subsequent years illustrate how the City will fund capital purchases using various sources of fund.  At this time, Council will review and discuss the Five Year Capital Improvement Program.


City Manager’s Comments:  You received a preliminary document some weeks ago.  This is the preliminary review of the Plan.  It will be brought forward for your final approval in August.  Also, we will be updating the Capital Improvement Element (CIE) to be submitted forward to DCA for their review.  There is a formal review process for the CIE that has to be followed in addition to the Capital Improvement Plan process. 


Item 13 -        Monthly Financial Report


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





Item 14 -        Discussion – 2007 Community Development Block Grant Action Plan


In accordance with the City’s HUD Consolidated Plan, including the Citizen Participation Plan, the City Council authorizes publication of proposed CDBG activities.  This action coincides with a thirty-day public comment period.  The public comment period includes a public meeting, letters to nonprofit organizations, and newspaper publication of proposed activities.  The City’s expected funding allocation is approximately $250,000.00. 


Currently Staff have identified one activity for the City’s 2007 Action Plan.  Property is to be purchased for affordable housing in accordance with HUD guidelines.  The property will be utilized in conjunction with State funding, through the State Housing Initiative Partnership, to provide land for affordable housing construction. 


Staff recommends that Council authorize staff to publish activities planned for the 2007 CDBG Action Plan.


I.                     PUBLIC SAFETY


Item 15 -        First Reading – Ordinance No. 2007-29  - Fire Pension Ordinance


The requested changes allow for all monies earned by firefighters to count toward the calculation of benefits.  The Fire Pension Board recommends approval.


City Manager’s Comments:  The actuary has provided a statement for the change in the definition of salary.  It is different than what is included in the current ordinance.  The definition of salary expands the definition to items not currently covered by the ordinance.  The actuarial valuation statement shows this change in definition of salary will cost an additional $11,000.  Probably, the State of Florida would agree with the definition of salary that is included in the proposed ordinance change rather than what is included in our current ordinance.  For your information the definition change is similar to the language in the Police Ordinance.  Please be aware that the City is responsible for keeping the Plan actuarially sound.  The other changes are caused by changes in the law.  They must be incorporated into the Ordinance.  Recently, you had to enact similar changes to the Police Pension Ordinance.  I will be talking with the Chair of the Fire Pension Board about the dollar change in the plan.  It makes no difference in the percentage of payroll contribution requirement for the City.


Second Reading:   July 24, 2007


J.                  ADMINISTRATION


Item 16 -        Resolution No. 07-40 – Issuance of Debt for Land Acquisition and Construction of Public Infrastructure – Port Orange Town Center (Continued to Date Certain of June 26, 2007)


The Council continued this item until June 26.  This Resolution would have actually sold bonds for the Town Center Project.  The delay in the bond sale was for the purpose of  allowing the City and CRA time to assess what the legislative special session did in terms of the Tax Increment Districts.  We are not sure we have all the questions answered yet.  Therefore, I would like to continue this item until the last meeting in July, July 24.


Item 17 -        Emergency Management Briefing


Annually, the City Council receives a briefing related to Emergency Management items.  Normally, we do this briefing at the beginning of hurricane season.  John Carleton or Tom Weber will be briefing the City Council on where we are in terms of preparation.


I will ask Shannon Lewis to brief the Council on our sister city program with Naples and Panama City.  Also, I will ask her to brief the City Council on the Florida Pre-form strike teams. 


Item 18 -        Designation of Voting Delegate for Florida League of Cities Conference



The Florida League of Cities will be meeting in August in Orlando.  The City is allowed one voting delegate.  The City is required to notify the League who will be exercising the voting delegate’s duties.  Normally, the City designates a primary and alternative.  Last year, Mayor Green was designated as the voting delegate with Vice Mayor Martin as the alternative. 



K.                 COUNCIL COMMENTS


Item 19 -        Comments/Concerns from Council Members


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


Item 20 -        City Council Committee Reports


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