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 March 18, 2008


Date:               March 11, 2008



The Agenda for the March 18th City Council Meeting is 17 items.  A Town Center CRA Meeting will be held inside the Regular City Council Meeting. 



A.        OPENING


Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call




On Tuesday, March 18 and again on Tuesday, March 25, the CRA will be meeting.  The March 18 CRA meeting has to do with the extension of the purchase option on the Bryant Singletary property.  In the original contract, their was an option by McGurn/LaCour to acquire the Bryant Singletary property back from the CRA.  Because we are still working on the agreement between the two parties, it is recommended that the CRA grant an extension until September 30, 2008. 





Item 4 -           Report from KemperSports Management


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





Item 5 -           Parks and Recreation Advisory Board (1 Term Expired on February 15, 2008)


The term for Jack Wiles expired on February 15, 2008.  Mr. Wiles has expressed an interest in being reappointed.  Attached is an application from an individual who has expressed interest in serving on this board.  The next term will expire on February 15, 2011.





Item 6 -           Request from Horizon Elementary PTA to Waive Fees for a Dinner and Fashion Show Fund Raising Event


The Horizon Elementary School PTA President, Edna Roberts, has requested that Council waive the rental fee for Lakeside Community Center in order for the PTA to hold a dinner and fashion show fund raising event on May 3, 2008.  The hours would be from 6:00 p.m. to 9:00 p.m.


Staff recommends that Council not waive the fee and that Horizon Elementary School PTA pay the rental fee of $350 for the use of Lakeside Community Center on May 3, 2008, for the Horizon Elementary PTA to hold a dinner and fashion show fund raiser.


City Manager’s Comments:  This is a great project for Horizon Elementary School.  However, the staff is recommending to the City Council that the fee be charged.  This is a consistency issue.  The Council has received a number of requests this year to waive fees for a variety of events at City Center.  The City Council has not granted any request for fee waivers from those that have made requests to use the City facilities during this year.




Item 7 -           “Piggyback” Volusia County’s Contract with Southeast Pavement Marking


Staff requests approval to “piggyback” Volusia County’s contract with Southeast Pavement Marking Inc. in order to stripe roadways at the lowest cost possible.  A copy of the pricing sheets is attached for your review.  Funds are available in Account No. 00143005415363, Project No. IMI002.


Staff recommends approval to piggyback Volusia County’s Contact (Bid 04-B-53PW) with Southeast Pavement Marking Inc. to stripe roadways as needed.


Item 8 -           Renewal of Property Management Agreement with All Florida Realty Services, Inc., for Halifax Trailer Park


On April 23, 2002, the City entered into a Property Management Agreement with All Florida Realty Services, Inc., of Holly Hill.  Since that time, All Florida Realty has provided property management services to the City for the Halifax Trailer Park and several other City-acquired properties in the Riverwalk area.  The original agreement was for a two year period with annual renewals upon approval of the Council and written notification to All Florida.  No changes or amendments to the Agreement are proposed.  As early closure of the park does not appear possible, this Management Agreement will be necessary to sustain park operations through May, 2010.


Staff is satisfied with the performance of All Florida Realty Services under this contract and, therefore, recommends the renewal of the subject contract for the remainder of the life of the Park through May, 2010.


Item 9 -           Change Order No. 2 – Masci Corporation – Cambridge Drainage Improvements, Phase II


Staff, along with Quentin L. Hampton Associates, has identified much needed  emergency improvements to the Cambridge Drainage Improvements project.  Proposals for the improvements were requested from the contractor, Masci Corporation, and Quentin L. Hampton Associates has submitted a letter with a summary of each improvement needed and the cost associated with each (see letter attached).  As shown, total cost for all improvements will not exceed $144,201.20.  If approved the total revised contract cost to Masci Corporation for the Cambridge improvements will be $5,437,301.20.  Funds are available in Account No. 41518005416397, Project No. DIP002.


Staff recommends that Council approve Change Order No. 2 for the additional amount of $144,201.20 to the contract with Masci Corporation for the Cambridge Drainage Improvements, Phase II.


City Manager’s Comments:  Now that the work has almost been completed in the Cambridge area, the Public Works Department has had an opportunity to evaluate the operational aspects of the improvements.  Each of the requested changes is designed to make the facility operate more effectively and efficiently.  It might be good for you to talk with Warren and actually visit the site to see where these changes are programmed and the reason for the changes. 


Item 10 -        Renew Landscape Maintenance Contracts


The landscape maintenance contracts are due to expire on March 31, 2008.  All three vendors (Glenco Lawns, Inc., Tuff Turf, and Tif-Jen Inc.) are willing to renew without any increase in price, with the exception of the CPI rate adjustment as allowed by contract. This rate adjustment will be 3.65% and is based on 75% of the Consumer Price Index of the Southern States.  Total annual cost to renew all three contracts will not exceed $759,336.71.  The spread sheets attached provide a detailed list of areas maintained, vendor providing service, and costs associated with each service.  Funding by account is shown on the commentary attached.


Staff recommends that Council approve the renewal of the landscape maintenance contracts with Glencoe Lawns Inc. at a total annual cost of $83,899.27; Tuff Turf at a total annual cost of $147,007.01; and with Tif-Jen at a total annual cost of $528,430.43; for a total combined annual cost of $759,336.71.


City Manager’s Comments:  This contract renewal is based on the current level of service.  If the City Council desires to reduce the level of service, we will need to revise this award.  Currently, the City’s contractors are mowing 39 times per year in the highly visible areas of the City.  They are mulching twice per year.  If the City Council desires to examine a reduction in service level, I recommend that the contract be renewed for a one month period and the City staff be given an opportunity to discuss with the contractors a reduction in the level of service. 




Item 11 -        Second ReadingOrdinance No.  2007-19 – Rezoning and Approving a Master Development Agreement and Conceptual Development Plan – The Altamira Shopping Village Planned Commercial Development (PCD) (Tabled 1/15/08)


Staff recommends that this item remain on the table.


Item 12 -        Final Plat and Plans and Subdivision Improvement Agreement for the Kinara Village Subdivision (Tabled February 26, 2008)


Staff recommends that this item remain on the table.





Item 13 -        Citizen Advisory Committee for the MPO


A representative of the Citizen Advisory Committee for the MPO will make a report to the Council at this time.





Item 14 -        Ordinance No. 2008-11 - Refunding Bond Ordinance


As the Federal Reserve cuts interest rates, there may be an opportunity to refund some of the City’s outstanding bond issues and reduce our debt service payment.  Our City Charter requires all bonds to be authorized by ordinance.  The actual selling of the bonds and authorizing the Mayor and City Manager to sign the bond documents is done by separate resolution at the time of bond sale.


The municipal bond market is not reacting in typical fashion to the drop in the Federal rate. The unsettling condition caused by the sub-price mortgages has created a problem for many credit sectors, including municipal bonds.  Bond insurers have had problems maintaining their AAA bond rating because of their involvement in insuring mortgage backed securities.  This is an ordinance that will allow us to take advantage of market conditions to lower our debt service payment if and when the market produces those savings.   We would desire to see interest rates for municipal bonds fall so that we could achieve between 3 to 5 percent savings.  Unless we can achieve at least that level of savings, it is not cost effective to refund a bond issue.


In reality, we do not believe we will see a settled down market until summer or even later; however, being prepared is essential to taking advantage of the situation when and if it does present itself.  Sometimes there are very short windows of opportunity.


Second Reading:   April 1, 2008


City Manager’s Comments:  We will continue to monitor the bond market.  We are attempting to take advantage of a changing market to lower our cost of money.  At this time, it does not appear that it is cost feasible to refund the outstanding bonds.  As stated on the DF, we want to be in a position to take advantage of a changing market to gain maximum savings.  There are two approaches to take when refunding.  The first is not to change the debt service amount but receive the savings in cash and use that cash to construct additional public improvements.  We have used that technique in the past.  However, at this point, that is not the approach that I am recommending we pursue.  I am recommending we pursue a course that would result in actual reduction in debt service payments.  By reducing debt service payments, this will flow through our operating funds and result in smaller debt service payments. 


By passing this Ordinance, the City Council is not committed to issuing additional bonds.  The City Council is only reserving that option should market conditions improve and allow us to achieve real debt service savings.





Item 15 -        Second Reading – Ordinance No. 2008-8 – Adoption of the Fall 2007 Large Scale Comprehensive Plan Amendment Package


We recommend approval.


Item 16 -        Second Reading- Ordinance No. 2008-9 – Adoption of Small Land Use Amendment – Jay Patel


We recommend approval.


Item 17 -        Second ReadingOrdinance No. 2008-10 – Approving the First Amendment to the Master Development Agreement for the Peacock Way PCD


We recommend approval.




Item 18 -        Riverside Drive/Halifax Drive Linear Park Proposal


The Riverside-Halifax Neighborhood Preservation has recently approached the City with a proposal for development of a linear park along Riverside/Halifax Drive.  The neighborhood vision for this park is to turn Riverside/Halifax Drive into a one-way, southbound street between Meeker Place and Commonwealth Boulevard, and to devote the northbound lane of the existing roadway to pedestrian modes of travel.  Traffic calming features for the southbound lane and appropriate separation of the two travel lanes are also elements of the neighborhood’s proposal.


Robert E. Ford, President of the Halifax-Riverside Neighborhood Preservation Association, will be present at the City Council meeting to present their Association’s request in further detail.


Relevant materials excerpted from the July, 2004, Linear Park/Traffic Calming Study for Halifax Drive/Riverside Drive and the Volusia County 2006 traffic counts are attached for reference.


Staff recommends that Council accept the request of the Riverside-Halifax Drive Neighborhood Preservation Association to create a linear park from Meeker Place to Commonwealth Boulevard and to authorize staff to work on designs to accomplish this objective.


City Manager’s Comment:  We have discussed this for many months.  What is being proposed is for the staff to work with the residents to achieve the desired outcome of limiting traffic on Halifax/Riverside Drive to local residents.  As part of the design and evaluation, operational issues must be evaluated, such as garbage collection; response to fire and rescue calls; and police-related issues.  The City would work with the residents and businesses impacted by this traffic change to achieve the stated goal of the neighborhood as well as the expressed desire of the City Council to see this neighborhood area preserved as well as used as a pedestrian/bike/urban trail.  There are a number of issues that have to be addressed as we move forward. 


In recent discussions with the residents, we discussed a trial program.  A trial program would give both the City and the neighborhood an opportunity to experiment with various options before making a final decision related to the traffic patterns. 


Donna will be the City’s liaison with this group should the City Council authorize the staff to proceed.  She will include Police, Fire, Public Works, Public Utilities, City Attorney, and Community Development in the discussion with the neighborhood.  Because this potential impacts the Post Office, we would involve them in the discussion as well.  We would contact the franchised utilities as well to allow them to have input into the program since their utilities are running in the Halifax/Riverside corridor. 


We will use the material in the Halifax Drive/Riverside Drive traffic study that we did several years ago as our guide.  I would anticipate the implementation of the effort to be relatively inexpensive.  As we arrive at cost estimates, we will bring those back to the City Council for their final review and approval.  There is an opportunity to develop a true partnership with this neighborhood. 


Should you have comments, please feel free to contact me.





Item 19 -        Comments/Concerns from Council Members


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