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 for Regular City Council Meeting of January 22, 2008


Date:               January 14, 2008



A.                 OPENING

Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call


B.                 STATE OF CITY MESSAGE


On Tuesday evening, Mayor Green, Members of the City Council, and City staff will present the State of the City on video.  This video will become part of the City’s permanent record of accomplishments during 2007.  Mayor Green will share with the citizens the state of our financial affairs as well as state of our physical affairs.




Item 4 -           Presentation of Fireman’s Fund Heritage Grant


The City of Port Orange Fire Department was selected to receive the Fireman’s Fund Heritage Grant in the amount of $11,166. The money will be used to purchase wild land personal safety shelters.  Representatives from Brown and Brown and Fireman’s Fund Insurance Company will present the money to the City.

Item 5 -           Recognition of Larry Haines


Larry Haines was an advocate for Rose Bay and its restoration.  For the past 17 years, Larry and others in the community were the voice for the Bay’s restoration.  As an active member of the Rose Bay Task Force, a unique working group of the stakeholders that included citizens, federal, state and local governments, Larry was involved in all aspects of the 5 point plan to restore the Bay.  During his lifetime, 4 of the 5 elements were achieved.  Congress recently approved the final element.  Construction on the final element, silt removal, should be completed in about 2 years.  The community is indebted to Larry for his tireless effort to restore Rose Bay. 


Item 6 -           Recognition of John King


When John King moved to Port Orange, it became his home.  He became immersed in community life.  John King has been involved in all aspects of Port Orange.  That meant volunteering to head his homeowner association, maintaining the entrance into Willow Run, serving as one of the founding members of the Port Orange Homeowner Association Coalition, serving on City Boards and Commissions, volunteering in schools and at the Port Orange Library.   On Tuesday nights that meant being in the City Council Chambers.   John would often counsel City Council members on a variety of subjects drawing from his knowledge and past experience.  His focus was on making Port Orange the best community possible.  Although John is not able to regularly attend City Council Meetings, he continues to watch the proceedings on POG-TV.  He continues to provide valuable input to the City through emails and telephone calls. 


Item 7 -           Recognition of Tom Wright-Lamann)


When Tom Wright heard about the disabled veterans needing a van so they could be driven to Gainesville to receive medical attention, he called Vice Mayor Mary Martin to volunteer his assistance.  Recently, he presented a check to assist in making the van become a reality.  On Tuesday night, the City Council will pay tribute to Mr. Wright for his valuable contribution and when combined with others have made the van possible for those who served their country in military service.


Item 8 -           Recognition of IAFF 3118


The International Association of Firefighters Local 3118 heard there was a community needs to provide a van for the disabled American Veterans.  Local 3118 representing the Port Orange Firefighters, like Mr. Wright, wanted to be sure these dedicated Americans who had served their country in military service received the medical attention they need and deserved. They volunteered to make a financial contribution to the fund to acquire a new specially equipped van so these veterans could be driven to appoints in Gainesville and other communities.  On Tuesday night, the City Council will recognize Local 3118 for their contribution to making sure the van was provided for our veterans.


D.                SPECAIL REPORT


Item 9 -           Presentation by the Business Development Partnership


Mr. Sam Goodwin from Business Development Partnership will be presenting their annual update to the City Council.


City Manager Comments:  Annually, the Business Development Partnership reports to the City Council on their accomplishments.  The BDP is going through a transition.  Bob Turk recently announced that he would be leaving BDP as the executive.  Sam Goodwin, Development Specialist, will be at the Council meeting to provide the City Council with information relating to their activities during the past 12 months.  Shannon and I meet monthly with BDP representatives.  This lunch meeting is open to any City Council member who would like to attend.  Also, the City is involved in their working groups and committees.  Over the years, I have worked closely with their Executive Board as they have worked to increase the economic activity in our community.


E.                 CITIZEN PARTICIPATION (Agenda)


Item 10 -        Request from Sons of Italy


A representative from Sons of Italy will be requesting the City to become a sponsor of the Sons of Italy.


City Manager Comments:  This is a great organization.  We are proud to have them in our City and using City facilities.  In order to be consistent, I would not recommend waiver of fees for facility usage.


Item 11 -        Request from PurEnergy for City to Co-Sponsor a Youth Skateboard Event on March 15, 2008


A request from PurEnergy, a student empowerment program serving Volusia County, is requesting waiver of fees for the use of City Center, City Gym and Skateboard Park to put on a Youth Skateboarding Event on March 15, 2008.


Attached is an Event cost estimate for the use of City Center, City Gym and the Skateboard Park totaling $460.00.


Staff recommends charging PurEneggy the $460.00 for the use of the areas requested.


City Manager Comments:  A great event.  It will be an event that will draw students.  However, in order to be consistent, I support the staff’s recommendation.

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


G.                CONSENT AGENDA


Item 12 -        Project Manager’s Report


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


Item 13 -        Change Order No. 2, Final Close Out (Deductive) to Wright Construction for the Reclaimed Water Storage Reservoir Project, Phase III


The Reclaimed Water Storage Reservoir Project Phase III is now complete.  Wright Construction has addressed the few and minor punch list items remaining and the final close out change order (deductive) has been prepared.


Change Order No. 1 which was previously approved by Council was deductive in the amount of $100,573.00.   Change Order No. 1 also increased the contract time by 90 days to allow for the completion of the Halifax Canal Demo Project, which was requested by the SJRWMD.   All work on this portion of the project is now complete.


Change Order No. 2, the final close out, is also deductive in the amount of $34,118.58.  An additional 30 days to the contract time are also requested with this C.O., in order to provide the time needed to complete the close out paperwork.  This contract extension is at no additional cost to the City.


Staff recommends that Council approve Change Order No. 2, final close out, to Wright Construction in the deductive amount of $34,118.58 and authorize the Mayor and City Manager to sign documents on behalf of the City.


Item 14 -        Approving Operating and Capital Budget Calendar for FY 2008-2009


The operating and capital budget calendars are recommended date schedules

   for the preparation of the budget for fiscal year 2008-09.  Most of the dates are flexible, but some are legislated by City Ordinance or Florida Statute.  These are noted on the respective calendars.



Item 15 -        City Cost Participation Request for Miller-McCoy, Inc. to Construct an Off-Site Gravity Sewer Extension and Interconnect to the U.S. Foods Property in Conjunction with Pavilion (DRI) Project


The developer of the Pavilion (DRI) Project and their engineering team have been working with our Public Utilities staff to design and to propose for construction two separate sewer line extensions in conjunction with their project. The first sewer service extension extends gravity sewer service westward across Williamson Blvd. to a large undeveloped tract located immediately to the west of their project. Since including this into their utility design they have actually purchased this property and therefore will not be seeking city cost participation funding for this portion of the work, which has been valued at $90,000. 


The second sewer line extension that they however are now requesting city cost participation funding for is to extend gravity sewer service to the U.S. Foods property immediately to their north.  This sewer line extension has been designed to eliminate the future need for an existing City maintained non-standard pumping station, which is currently eight years old. Historically maintenance and replacement costs of pumping stations such as this have been very costly to the City. The developer’s engineer has provided supporting cost documentation, attached along with their formal request for cost reimbursement, attached.  We have also verified that these prices are fair and reasonable and in-line with current industry pricing.


Funds are currently available in City Cost Participation Project UCP001 to pay for this recommended capital improvement. We recommend approval of this funding request in an amount not to exceed $63,429.85 at this time. 


Staff recommend Council to approve the City Cost Participation request and issue a purchase order to Miller– McCoy, Inc. in the amount of $63,429.85 for construction of a gravity sewer line on the U.S. Foods property to the north which will eliminate the need for a city maintained pumping station, and to authorize the Mayor and City Manager to execute applicable contract documents, as necessary. 


Item 16 -        Bid Award – Bio-Solid Transportation and Disposal


Solicitation of bids was requested for the Transportation and Disposal of Bio-Solids from the Wastewater Treatment facility.  Two (2) were received.  The lowest responsive bid was received from Florida N-Viro, Inc. in the amount of $37.74/ton inclusive.  Florida N-Viro is a Volusia County facility. 


Staff recommends Council award the contract to Florida N-Viro for their bid in the amount of $37.74/ton.


 Item 17 -       Approve Sole Source Purchase for Police Vehicle Equipment


The Police Department is requesting authorization to purchase the attached listed vehicle equipment for new patrol vehicles, which completes the individual vehicle assignment program. This quote also includes labor to install said equipment into the new vehicles including the transfer of current communications equipment on two replacements police motorcycles.  The sole source from Communications International is $36, 024.50.  A copy of the quotation from Communications International is attached.  Funds are available in Account No 505-1000-580-6400.


Staff recommends Council approve the sole source purchase and installation of vehicle communications equipment (radio, radar, etc.) for new patrol car vehicles and the transfer of said equipment on two new police motorcycles from Communications International.


Item 18 -        Neighborhood Investment Grant Program Award (Harbor Oaks)


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 Harbor Oaks was one of the projects that scores high enough to be eligible for funding.


New signage and landscaping is proposed on City property at the intersection of Ridgewood Avenue and Farmbrook and along the south side of Nova Road past the Rose Bay Travel Trailer Park.  The total project cost is $4,260.  The homeowners association will be responsible for a cash match of $2,000 and an in-kind match for labor in an amount equal to $130, which represents 50% of the project cost.  In addition, one of the families is donating the landscaping materials.  These figures represent an update to the original grant request based on the sign quotes. The homeowners will be responsible for the maintenance of the signage and landscaping.  Funding for the NIP grant awards is available in Account No 001-1100-511-8300.


Staff recommends Council approval of the Neighborhood Investment Program funds for Harbor Oaks signage in and amount not to exceed $2,260 and authorize the Mayor and City Manager to execute all necessary documents including the License Agreement.


City Manager Comments:  This is a carryover project from last year.  Because of the location of the sign, it took longer to obtain all of the approvals for this signage.  One of the signs will be located at the retention pond site next to the Harbor Oaks Baptist Church and the other will be located adjacent to one of the new retention ponds on Nova Road adjacent to Rose Bay Travel Trailer Park. 


Although the City was unable to provide funding for the Neighborhood Improvement Grant Program in 2007-08, it is hoped that in future years that funds will be available to provide matching grants to neighborhood associations to assist in improvements in their neighborhoods. 


Item 19 -        Legislative Support Contract – Pittman Law Group, P.L.


Staff has completed work on our 2008 Legislative Program for 2008.  The attached agreement would be to support our efforts in Tallahassee.  Because a good portion of the firm’s time would be spent in acquisition of funding the B-23 canal, we recommend that a portion of the funding related to drainage come from Account No 412-1800-541-3113 with the remainder from Account No 001-1000-580-3113.


Staff recommends Council to employ Pittman Law Group to track legislation on the City’s behalf and to work in support of our legislative priorities, including project funding.  The contract will be in an amount not to exceed $40,000.00 annually.


City Manager Comments:  This upcoming legislative session will be a challenge.  We have one major legislative initiative, Rose Bay and the B-23 canal project.  Sean has already been working on our behalf.  He is working with the administrative agencies to identify funding sources for Rose Bay.  There are dedicated sources of revenue that can be used to complete the work.  However, the competition this year will be intense in these program areas as the financial resources of the state are strained.  The news continues to be bad out of Tallahassee for the State Budget.  That means the Legislature will probably take up the budget even earlier this year than ever before.  There is talk that the Legislature will take up the budget the first week of session.  That is extremely early.  Sean has worked for the City for the past two sessions.  He has been extremely effective.  In our meetings with the delegation over the past two months, the delegation has mentioned on how hard he has worked for Port Orange and Port Orange’s interest.  Because we cannot be in Tallahassee to work with agencies and walk the halls of the Capitol on a daily basis to advocate our interest to other members of the legislature, it is my opinion that we need to have representation.  It is difficult for me to recommend that we renew this contract.  However, as money becomes in short supply, it requires us to have individuals who can work with no only the administrative agencies but work with the legislature as well.  What Sean brings is the ability to talk across party lines and to members outside our legislative delegation.  He is able to communicate with our delegation and provide them with guidance on how to help Port Orange achieve our legislative goals.


Item 20 -        Adopt the 2008 Legislative Program


Attached is a listing of important dates and information related to the 2008 Regular Legislative Session along with the legislative programs of the Florida League of Cities, Florida City and County Management Association, Florida Police Chiefs Association and the Florida Government Finance Officers Association.  Also, included is a listing of bills that were passed during the 2007 session.


Staff recommends Council to adopt the 2008 Legislative Program and authorize staff to monitor key legislative applicable to the City, its operations and the community in general


Item 21 -        Temporary Construction Easement and Access Drainage and Utility Easement for Port Orange Business Park


Motion to accept the Temporary Construction Easement and Access, Drainage and Utilities Easement including the Indemnity provision and to approve the amendment to the Purchase Agreement providing for the extension of time.


Staff recommends Council approval of the reference easements for the Port Orange Business Park.


            H.        FINANCE


Item 22 -        Monthly Financial Report


Attached is the Monthly Financial Report.  If you have any questions, please

contact John Shelley or me.




Item 23 -        Second Reading – Ordinance No. 2008-2  - Comprehensive Plan Amendments – School Concurrency


We recommend approval.


Item 24 -        Second Reading – Ordinance No. 2008-3 – Amending Chapters 2 and 4 of the Land Development Code Regarding School Concurrency


We recommend approval.


Item 25 -        First Reading – Ordinance No. 2008  - 4 - Administrative Rezoning – From GPU (Government/Public Use) to R-8SF (Single-Family Residential)


Recommended approval 6-0 (one seat vacant), to rezone approximately 0.72

acres located at 115 Trails End Drive from “GPU” (Government/Public Use) to

“R-8SF (Single-Family Residential).  The purpose of this administrative request is to correct an error on the City’s official Zoning Atlas.  The proposed ordinance would restore residential usage to a privately held property.  If the request is approved the property owners intend to build a garage according to the requirements of the “R-8SF” zoning district.


Staff recommends Council to adopt Ordinance No. 2008 - 4 -, rezoning approximately 0.72 acres from “GPU’ to “R8SF”, as recommended by the Planning Commission.


Second Reading:   February 26, 2008


Item 26 -        First Reading – Ordinance No. 2008 - 5 - Approving the Amendment and Restatement of the Master Development Agreement – Nautica Lakes


At the December 20, 2007 meeting, the Planning Commission recommended approval 6-0 (one seat vacant), of the amendment and restatement of the Master Development Agreement for the Nautica Lakes Mixed-Use PUD.


The Planning Commission approval was subject to the deletion of text requiring the City to construct a specific segment of Yorktowne Boulevard, which was brought forward as a policy issue.  The proposed amendment has since been revised as requested.  The policy has been resolved and there are no technical comments.


If approved, the subject amended and restated MDA will incorporate a missing architectural elevation, provide flexibility in the roofing material to be used, allow for the development of either a condominium or rental development, provide additional time for development to occur due to changing market conditions, and correct various typographical errors.


Staff recommends Council to approve Ordinance No. 2008 - 5 - approving the amendment and restatement of the Master Development Agreement for the Nautica Lakes Mixed-Use Planned Unit Development, as recommended by the Planning Commission.


Second Reading:  February 26, 2008    


Item 27 -        First Reading – Ordinance No. 2008 -  6 - Annexation  - Cracker Creek


A request to annex approximately 56.02 acres into the City of Port Orange.  If approved, the owners intend to amend the future land use and zoning of the property to a City future land use and zoning, with the goal of creating an environmentally sensitive recreation facility that would operate in cooperation with Gamble Place.


This annexation was previous heard on November 13 and December 11, 2007; however, it is being reheard due to a technical error in the legal description that has now been corrected.  There have been no changes to the original staff report, which is available for review as item # 19 on November 13, 2007 City Council electronic agenda on the City’s website.


Staff recommends Council to adopt Ordinance No. 2008 - 6 -, annexing land consisting of four (4) separate parcels totaling approximately 56.02 acres, located east and south of Taylor Road, along the north bank of Spruce Creek.


Second Reading:  February 26, 2008


Item 28 -        First Reading – Ordinance No. 2008 -  7 - Rezoning  - From Volusia County RC (Resource Corridor) and A-2 (Rural Agriculture) to the City of Port Orange PUD (Planned Unit Development) and Approving the Master Development Agreement and Conceptual Development Plan – Cracker Creek PUD


At the December 20, 2007 meeting, the Planning Commission recommended

approval 6-0 (one seat vacant), of the rezoning and the Master Development Agreement (MDA) and Conceptual Development (CDP) for the Cracker Creek PUD.  The Planning Commission approval was subject to the resolution of all outstanding technical comments.  The proposed MDA and CDP have since been revised and there are no outstanding technical comments.


If approved, the owner intends to develop the property as an environmentally sensitive recreation facility, as well as a family residential compound including five single-family lots.


Staff recommends Council approve Ordinance No. 2008 -  7 -, approving the rezoning of the property from Volusia County “RC” (Resource Corridor) and “A-2” (Rural Agriculture) to City of Port Orange “PUD” (Planned Unit Development) and approving the Master Development Agreement and Conceptual Development Plan for the Cracker Creek Planned Unit Development, as recommended by the Planning Commission.


Second Reading:  February 26, 2008


Item 29 -        Assignment of the Concurrency and Fair Share Agreement, Assignments of the Subdivision Improvement Agreement Approval of License Agreement and Release of Easement for Port Orange Landings Phase II Subdivision


The Port Orange Landings Phase II subdivision was approved by the City Council on March 21, 2006.  Since that time, the property has been sold twice: first by the original developers, Port Orange Landings, LLC (a.k.a. Olson & Associates) to Centerline Homes at Port Orange Company, LLC (a.k.a. Holiday Builders).  Because these sales have occurred before recordation of the plat, it is now necessary to transfer the legal development obligations to the new owner before development can commence.  The transfer must occur for each separate owner to reflect the multiple changes in ownership.  Specifically, the Concurrency and Fair Share Agreement and Subdivision Improvement Agreement between Olson & Associates and the City must be assigned to Centerline Homes, and then from Centerline Homes to Holiday Builders.


The License Agreement will allow installation of landscape and hardscape features within roadway medians in the right of way.  The Release of Easement pertains to a Stormwater, Drainage, Roadway, Construction, Repair, Maintenance, Access, and Utility Easement previously recorded by separate instrument.  This easement was to allow construction of temporary cul-de-sacs on the Phase II property at the terminus of roads in Phase I.  With the construction of Phase II, the roads will be extended, meaning the cul-de-sacs will not be needed.  The easement may therefore be released, conditioned upon recording of the plat.


Staff recommends that Council approve the Assignments of the Concurrency and Fair Share Agreement, the Assignments of the Subdivision Improvement Agreement, the License Agreement, and the Release of Easement for Port Orange Landings Phase II subdivision.


J.                  PUBLIC UTILITIES


Item 30 -        Second Reading – Ordinance No. 2008- 1 – Amendment No. 1 to State Revolving Fund (SRF) Loan Agreement WW72514S for the South Peninsula Wastewater Collection System, Part I


We recommend approval.


K.                 ADMINISTRATION


Item 31 -        Resolution No. 08 - 4 - Support of the Florida League of Cities (FLC) 2008 Legislative Priorities


The Florida League of Cities (FLC) Board of Directors adopted an initiative to enhance the Legislature’s awareness to support those key issues, which were recently adopted by the membership.  Staff recommends supporting the League’s priority issues and incorporating them into the City’s 2008 Legislative Program.


Staff recommends Council to adopt Resolution No. 08 - 4 -, urging members of the Florida Legislative to support the FLC priorities during the 2008 Legislative Session.


Item 32 -        Resolution No. 08 - 5 - Revise and Establish City Fees for Public Records Requests


City staff has reviews current practices regarding public records requests and

determined that a resolution updating our policy and fees needs to be revised and established.  The policy and proposed fees are reasonable and consistent with current State Statues, Chapter 119.


Staff recommends Council to approve Resolution 08 - 5 -, revising and establishing City fees for public records request.


Item 33 -        Determination by City Council if Port Orange will continue in WAV


The City Council, some weeks ago, provided City Council Member Steindoerfer direction related to WAV.  That direction was based upon the financial feasibility of WAV.   Attached is a letter from the Chair of the organization, Jack Hayman.  He has requested an earlier determination on participation.  Initially, it was requested by April, now they would like an indication by the end of February.  There is value to participating in the organization, but at what cost.  Meeting and discussing an item has great value, but does that have to be a separate organization?  VCOG was created to be that forum.  Is it to be a planning organization, much like the MPO?  What happens to the plans once they are developed?  What WAV was originally created to accomplish is no longer the mission of WAV.  With that said, that does not mean the City should withdraw from participation.  I think the dues must be substantially reduced to reflect the limited mission that has been put in place for this organization.  A clearly defined work program must be put together along with the viable financial plan.  In order for WAV to continue, it must have the largest utilities involved.  Without their involvement, we will continue to work in an uncoordinated fashion. 


As you know, I am an advocate for WAV and its mission.  However, I have to seriously question its viability as an organization.


L.                  COUNCIL COMMENTS


Item 34 -        Comments/Concerns from Council Members


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


Item 35 -        City Council Committee Reports


At this time, Council may report on various committees to which they have been assigned.