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

October 23, 2007


Date:               October 16, 2007



A.                 OPENING


Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call



B.                 TOWN CENTER CRA MEETING

C.                SPECIAL REPORT


Item 4 -           Report from KemperSports Management


At this time, a representative of KemperSports Management will make a report to the Council regarding Cypress Head Golf Course.



D.                CITIZEN PARTICIPATION (Agenda)


Item 5 -           Annual WalkAmerica Event Request


Kelley Harrell, Senior Community Director of the Central Florida Division of the March of Dimes, is requesting the City of Port Orange to be a 2008 Greater Halifax Walk America Site Sponsor by allowing the use of the Kenneth W. Parker Amphitheater grounds as a staging area for the Greater Halifax WalkAmerica to be held on Saturday, May 3, 2008, and also the 2009 and 2010 events.  The total cost for renting the facility would be $1,116.25 (cost estimate attached).  Staff recommends that Council approve the City being a site sponsor for the 2008 Greater Halifax Walk America to be held on Saturday, May 3, 2008, and for future events in 2009 and 2010 at the City Hall Complex and that Council not waive the event cost of $1,116.25.


City Manager’s Comments:  As you know, this has been one of the major charitable organizations the City employees have supported over a number of years.  I have served as the Honorary Chair of the WalkAmerica event in Volusia County for the past two years.  I am not serving in that capacity this year.  Last year, the City Council required WalkAmerica to pay $1,000.  Although Parks and Recreation staff has recommended the City co-sponsor the event, I must recommend the City Council require the cost to be recovered.  This would be consistent with the City Council’s directives.


E.                 CITIZEN PARTICIPATION (Non-Agenda)

F.                 CONSENT AGENDA


Item 6 -           Annual Contract – Piggyback State and County Bid Purchases


Each year, the Information Technology Department will purchase items that exceed $25,000 in value, each of which must be brought before Council for approval.  As in the past, we often desire to piggyback active State and County bid contracts and purchase direct from the State contract.  The commentary attached shows a list of these items by contract number, description, and expiration.  Evidence of State contract authorized vendors according to the attached list will be produced to the City Purchasing Coordinator during the requisition process.  This practice complies with the City purchasing policies once authorized by City Council.  Staff recommends that Council approve the piggybacking of State and County bid purchases and the use of defined State contract equipment and supplies listed on the attached commentary.



Item 7 -           Amendment to Architectural Contracts with C. T. Hsu & Associates, Inc.


C. T. Hsu has provided a proposal for additional services for drawings, specs, pre-bid, and bid items as well as engineering work for voice, data, telecom, and other systems as noted in their proposal.  Proposed cost increases are as follows:


Police Station:           Increase of $72,341, bringing contract total to $905,841

Fire Station 72:         Increase of $4,857, bringing contract total to $233,750

Fire Station 75:         Increase of $9,249.61, bringing contract total to $237,750


Staff recommends that Council approve the amendment to the contract with C. T. Hsu & Associates to provide additional services and work for the new Police Station and Fire Stations 72 and 75 in the total amount of $86,447.61.


City Manager’s Comments:  There are several items included in this requested change order.  The first relates to the additional civil engineering cost for Fire Station 72.   The Civil Engineer is requesting $3,907.10 associated with the City’s decision to bid the site contract separate from the overall contract.  The Civil Engineer indicated that they incurred additional travel cost and meeting cost associated with the City’s decision to bid the site work separate from the general contract.  In fact, there were several questions at the recent fire station pre-bid meeting related to the site work that is currently being performed by others.  The Civil Engineer had to respond to the questions raised by the General Contractors.  The coordination is somewhat more complicated than dealing with one General Contractor as was originally contemplated when the original contract was brought forward for City Council consideration.  The second request for Fire Station 72 relates to the design of the telecommunications system for the building.  This includes the design for wiring the building for computers as well.  This is not part of the electrical design.  The amount is $950.


The third item is a change order for Station 75.  The amount requested is $9,249.61.  The first amount relates to the additional work required by the engineer when the City decided to bid the site work separate from the general contract.  Additional meetings were required as well as additional coordination.  The amount for the early site work package is $3,907.10.  The second component is $950 to the electrical engineer for telecommunication design including computer wiring.  The final component is $4,392.51 related to a bad survey.  The City is attempting to recover the funds from the survey firm for the incorrect survey. 


The fourth component relates to changes at the Police Station.  The first is $11,800 related to the telecommunications system to include the voice/data/telecom and audio visual systems for the Police Station.  The second component is $51,383 for the design of the security systems associated with the Police Department.  The final component is the cost related to the site work packaging.  The cost associated with breaking out the site work into a separate bid package is $3,907.10 to the engineer and $5,250 to the architect.


It is estimated that the City saved 38% by bidding the site work separate from the building package itself.  It appears that the cost savings from bidding the site work separate from the building will more than cover the additional engineering cost associated with separating the bid into two components.


We are disputing the engineer’s request for additional compensation for design related to the sewer design for the Police Station.  They have requested an additional $11,783.72 in design fees associated with the design of the sewer system.  We have provided them with an alternative approach that should eliminate this request.


Item 8 -           Piggyback of Volusia County Contract – Backflow Device Testing and Certifications


Per FAC 62-555.360, the City is required to maintain a cross connection program.  The program includes annual testing and inspection of all backflow prevention (BFP) devices.  BFP’s are typically installed immediately after the meter on potable water services.  Their purpose is to protect the city’s drinking water system from potentially being contaminated by pollutants that may be injected into the drinking water plumbing after the point of connection to the City system. City policies place the responsibility of testing and maintaining BFP’s on the owner.  In the case of commercial and multi-family developments, the parcel owner must provide the required annual testing.  However, the City itself bears this responsibility on single family residential connections. 


In April 2006, Volusia County competitively bid and awarded a BFP testing contract to the firm of 24/7 Construction, Inc., and County staff have indicated that they have no objections to their bid being “piggybacked.”  Subsequently, after a meeting with City staff, the firm of 24/7 Construction, Inc. has supplied a letter indicating their willingness to perform the same services for the City of Port Orange under the terms of their agreement with Volusia County. 


We are requesting that Council approve a “piggyback” contract to the firm of 24/7 Construction, which lists the price of testing as $17.50 per device.  As of September 2007, the City has 6320 individual BFP’s located on single family residential properties utilizing reclaimed water for irrigation.  This makes the annual testing cost $110,600 (assuming no additional devices are installed).


Resolution 07-90 approved September 18, 2007 provides for collection of monthly fees in an amount of $1.70 to offset the cost of outsourcing the BFP testing.  Fee collection is to begin January 1, 2008.  At the time of this writing, the Finance Department is preparing a budget resolution for Council consideration on October 16, 2007, increasing both the 401 revenue and the operating budget Professional Services account 40108005333113 for this purpose. 


The Public Utilities Department is requesting Council approval of the “piggyback contract”, and an approval of an initial purchase order to 24/7 Contractors in the amount of $90,000.  


Staff recommends Council approval to “piggyback” of Volusia County, Florida Contract #06-B-49PW Backflow Device Testing and Certifications awarded to 24/7 Construction, Incorporated, to authorize an initial purchase order in the amount of $90,000, and authorize the Mayor and City Manager to sign contract documents of behalf of the City.


City Manager’s Comments:  As you are aware, this is a requirement of the State of Florida. We will begin charging a fee related to the testing of the backflow devices.  This fee will be charged only to those individuals and businesses that have the device and an annual inspection is required.


Item 9 -           Request for Special Council Meeting to Discuss Pending Litigation


The City Attorney desires advice concerning pending litigation in the case of Lamar vs. City of Port Orange, Case No. 2004-31518 CICI.  The subject matter of the meeting shall be confined to a strategy session related to litigation expenditures and settlement negotiations.  This suit involves Lamar’s claim for compensation for billboard structures damaged in the 2004 hurricanes. 


Staff recommends that Council approve the City Attorney’s request regarding Lamar v. City of Port Orange to schedule a Special Council Meeting on November 13, 2007, at a time noticed by the City Manager to be held at City Hall convening initially in the Council Chambers for an attorney-client strategy session.



G.                TABLED ITEMS


Item 10 -        First Reading – Ordinance No. 2007-32 – Amending Chapter 16, Section 5(b) and Chapter 2, Section 2, of the Land Development Code relating to Special Setbacks and Requirements for Sunrooms (Tabled July 17, 2007) (Re-Tabled October 16, 2007)


We recommend that this item remain on the table.



H.                 FINANCE



Item 11 -  Resolution No. 07-101 - Budget Appropriations


The City authorized acceptance of an interlocal agreement with Volusia County regarding a joint drainage project.  The attached resolution appropriates a reserve for future funding of this project.  Staff recommends approval.


City Manager’s Comments:  This relates to the joint acquisition of the retention pond on Sunglow’s property that is needed for South Williamson.  About two years ago, I approached the City Council about participating in the construction of the retention pond.  As you will recall, our participation was related to meeting the higher stormwater standards for stormwater discharge into Spruce Creek.  We thought the right time to meet those standards was during the construction of South Williamson by Volusia County.  As we proceed through the condemnation process, the City, since we are the lead governmental agency, will need to have money ready to deposit with the Court after the hearing.  A date has not been set for the hearing.  This appropriation will provide the funds to make that initial deposit when the amount is set by the Court.  Volusia County will be providing funding for their share of the pond acquisition.



I.                     COMMUNITY DEVELOPMENT


Item 12 -        Second Reading – Ordinance No. 2007-19 – Rezoning and Approving a Master Development Agreement and Conceptual Development Plan – The Altamira Shopping Village Planned Commercial Development (PCD) (Continued to Date Certain of October 23, 2007)


This item was continued at the October 16, 2007, City Council Meeting.


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 PCD (Continued to Date Certain of October 23, 2007)


Attached is a letter from Karl Sanders regarding the Wal-Mart project.  Mr. Sanders is asking that this item be continued until January 15, 2008.


City Manager’s Comments:  The applicant has requested additional time to provide answers to questions raised by the City of Port Orange.  It is my understanding that the City of South Daytona is having additional traffic studies performed that will need to be considered by all parties.  Therefore, this delay will provide additional time for the questions to be addressed related to all of the outstanding comments.  It is essential for the City Council to have all the information before making a final decision.


Item 14 -        Final Site Development Plan/Wal-Mart NE Corner of Madeline Avenue and Nova Road


This item needs to be considered at the same time as Item 11.  I request that this item be continued to January 15, 2008.


Item 15 -        Conditional Use – RV & Boat Storage – 4465 Spruce Creek Road


This is a request to approve the Conditional Use request of Spruce Creek Partners, LLC, to allow the continuation of the existing RV and boat storage at 4465 Spruce Creek Road until March 22, 2011. 


The applicant has also requested that the application fee be refunded.  The City’s application fee for a Conditional Use is $450 and the actual cost of legal advertising.  A waiver of fees is at the sole discretion of the Council; therefore, no Commission or staff recommendation is provided.


Planning Commission Recommendation:      The Planning Commission recommended approval, 7-0, of a Conditional Use Permit to allow the continuation of the existing RV and boat storage facility at 4465 Spruce Creek Road until March 22, 2011.


Staff Recommendation:   Staff recommends approval.


City Manager’s Comments:  The City Council needs to be aware that costs were incurred for publication and for review of the application.  Those costs do not go away simply by waiving the fee.  In reality, if the City Council waives the fee, it means that it is simply being paid in a different way by the City of Port Orange’s General Fund.  An option that the City Council may desire to pursue is to request the Eastport CRA to reimburse the City for the fee. 


Item 16 -        Request for Re-Consideration of the Scheduling of the SummerTrees Plaza PCD


The City Attorney and the special counsel for eminent domain, Ken McIntosh, are recommending that the City Council reconsider its motion regarding the scheduling of the Summer Trees Plaza PCD.  Upon Council’s determination to reconsider the motion, the attorneys are recommending that the first reading for Summer Trees Plaza PCD be scheduled for November 6, 2007.


Staff recommends that Council approve the scheduling of the first reading of the Summer Trees Plaza PCD on November 6, 2007.


City Manager’s Comments:  This is extremely important that this item be placed on the City Council Agenda.  The motion that was originally passed by the City Council placed the PCD in an indefinite time table based upon the property owner doing certain things.  The motion to reconsider simply places the item back in the status it was when it was originally considered. 


Item 17 -        Final Site Development Plan and Public Improvements Agreement – LaQuinta Inn & Suites


This is a request to approve the Final Site Plan and Public Improvements Agreement for the LaQuinta Inn & Suites, as recommended by the Planning Commission.  The proposed development is a 72-room hotel on 1.82 acres, with associated site improvements.


Planning Commission Recommendation:      In August 2007, the Planning Commission recommended approval, 6-0 (Commissioner Parker, excused), of the Final Site Plan for the LaQuinta Inn & Suites. The Planning Commission’s recommendation for approval is subject to the conditions outlined in the attached staff report. 


Staff Recommendation:   The two outstanding technical comments from Staff relate to executing a Public Improvements Agreement and providing a temporary off-site construction easement, as well as a 20-foot wide easement to cover the proposed fire hydrants and water lines.  



J.                  ADMINISTRATION


Item 18 -        Second Reading – Ordinance No. 2007-52 – Petition to Establish a Community Development District


Staff recommends approval.



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 may report on various committees to which they have been assigned.