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 April 22, 2008


Date:               April 14, 2008



A.                 OPENING


Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call



B.                 SPECIAL REPORT


Item 4 -           Report from KemperSports Management


At this time, a representative from KemperSports will make a report to Council regarding the Golf Club at Cypress Head.





Item 5 -           Elementary Schools Art Contest Winners


The Port Orange Police Department in cooperation with WalMart is promoting crime prevention in the City of Port Orange by sponsoring a Crime Prevention Art Contest at all six elementary schools in Port Orange, kindergarten through fifth grade.  First place winners from each of the six elementary schools will receive a certificate, a new bicycle, and a new bicycle helmet.


City Manager’s Comments:  This is an extremely good program.  It has been well received at each of the schools and by the students. 




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 -           Reject Bids for Concession Services at Causeway, Revise Specifications, and Re-Advertise for New Bids


Bids were solicited for concession services at the Causeway.  One bid was received.  Specifications outlined the minimum hours of operation at four days a week and six hours a day, with a minimum monthly starting payment to the City of $1,000.    The one bid received outlined their hours of operation from October through May of two days a week, seven hours a day.  During June and July, the hours of operation would be three days a week, seven hours a day and a payment of twenty-five percent (25%) of the gross receipts. Staff evaluating this bid determined that it not only did not meet the minimum hours and days of operation but the payment method would not be able to be audited.  Because of this, staff requests that the bid be rejected and staff be directed to revise the specifications and re-advertise.


Staff recommends that Council reject the bid received and authorize staff to revise specifications and rebid.


Item 8 -           Approve Ranking and Authorize Staff to Negotiate Contract with DMC, Inc., to Design and Permit ADA Ramp and Floating Dock at the Russell Property


Solicitations for qualifications for an Architectural/Engineering firm to design and permit an ADA ramp and floating dock at the Russell property were evaluated and ranked.  The Selection Committee comprised of Vice Mayor Mary Martin, Special Events Coordinator Peter Ferreira, Parks Maintenance Supervisor Steve Wolf, Community Development PE Mike Zaffuto, Grants Coordinator Kent Donahue, and Purchasing Coordinator Bobbi Palmer developed the ranking as follows:


1.                  Dredging & Marine Consultants (DMC Inc.)

2.                  PBS&J

3.                  Wade-Trim/Tomoka

4.                  CSI


Funding for this project is a 50/50 grant with funding in the 315 4100 572 6397, Project QPC028, in the amount of $22,000 grant funds and $22,000 City match.


Staff recommends that the City Council approve the ranking, authorize staff to negotiate a contract, and authorize signing of the contract with the number one ranked firm, DMC.


Item 9 -           Approval of Halifax Sport Fishing Club’s Annual Fishing Tournament to Benefit Mentally and Physically Challenged Children and Adults


The Halifax Sport Fishing Club is requesting permission to use the pier under the Port Orange Bridge and parking area on Saturday, May 3, 2008, from 9:00 a.m. to 1:00 p.m.  This annual fishing tournament benefits mentally and physically challenged children and adults.  Staff recommends approval.


City Manager’s Comments:  The Halifax Sport Fishing Club has been hosting this event for several years.  They do not require any support from the City of Port Orange.  Therefore, there is no cost to the City of Port Orange for staff.  They are using the pier under the Port Orange bridge for this event.  They will provide all of the supervision of the event and will be responsible for any clean up that is required.



F.                 TABLED ITEMS


Item 10 -        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) (Tabled 1/15/08) (Re-Tabled 4/15/08)


The City Council received an update on April 15 and placed the item on the table after receiving the staff update.  The developer has been proceeding to obtain all of the approvals as well as the meeting with City staff on a variety of issues.  The important issue is the construction of Yorktowne Boulevard through from Taylor Road to Dunlawton.  The staff updated the City Council related to this item on April 15 as well.



G.                FINANCE


Item 11 -        Second ReadingOrdinance No. 2008-11 – Refunding Bond Ordinance


We recommend approval.


Item 12 -        Monthly Financial Report


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





Item 13 -        Concurrency and Fair-Share Agreement for the Final Site Plan – Nova Bella Piazza


The Nova Bella Piazza site plan is for a mixed-use development located on the west side of Nova Road, south of Herbert Street.  The development consists of 20 multi-family residential units and 37,000 square feet of commercial and office space along with associated site improvements.  The fair share amount is $33,798, which will go toward the improvements of the Dunlawton Avenue/Clyde Morris Boulevard intersection and the I-95 interchange area.  Currently, this project is going through the City’s minor site plan process and is being reviewed at the staff level.


Staff recommends that Council approve the Concurrency and Fair Share Agreement for the Nova Bella Piazza Final Site Plan.



Item 14 -        Second Amendment to the Phased Improvements Agreement for the Covenant United Methodist Church


The Covenant United Methodist Church requests approval of an amendment to the Phase Improvements Agreement (phasing agreement) for the Covenant United Methodist Church. If approved, the second amendment would extend the completion date of Phase II to March 1, 2012.  Phase II requires the roof of the old church building to be replaced with a metal roof or other approved roofing material that would compliment the roof of the new church building addition.


The church and the City entered into a phasing agreement in 2003 which allowed the church to spread out the site improvements related to the redevelopment of their site in two phases.  As of today, Phase I, which was the construction of the new sanctuary along with the associated site improvements, has been completed; however, due to the cost to repair the roof and interior of the new sanctuary, the church has not been able to complete Phase II.  Therefore, the church is requesting to extend the completion date for Phase II.  The church has stated to staff that they intend to re-roof the old building; however, their first priority is to address the repairs needed on the new sanctuary. 


Staff recommends that Council approve the Second Amendment to the Phased Improvements Agreement for the Covenant United Methodist Church.


Item 15 -        Change of Use – First United Methodist Church


This is a request to approve a Change of Use for 305 Dunlawton Avenue located in the “GPU” (Government/Public Use) zoning district.  If approved, the church intends to open a child care center for a maximum of 50 children ranging in age from infants to 5 year olds.  The recommendation of approval is subject to the following conditions:


  • A 6 foot high opaque fence or acceptable alternative is required on the side of the play area visible from the adjacent rights of way
  • A final inspection for the fence and landscaping must be scheduled as required per Building Permit No 07-3155
  • The hours of operation shall be limited to 7:00 a.m. to 6:00 p.m. Monday through Friday
  • The facility shall be limited to 50 children


Planning Commission Recommendation:      The Planning Commission recommends approval 5-0 (Commissioners Barker and Parker excused).


Staff Recommendation:   Staff recommends approval.



I.                    PUBLIC UTILITIES


Item 16 -        Resolution No. 08-15 - Amending Wetland Mitigation Bank Policies by Releasing Additional State Wetland Mitigation Credits for Sale to Private Development


In the spring of 2004, the City of Port Orange received a permit from the St. Johns River Water Management District to operate a state wetland mitigation bank.  The initial release of credits within the City-owned Mitigation Bank was 237.9 credits.  However, pre-existing mitigation obligations for City projects conditionally-permitted by the SJRWMD, including the 175-acre reclaimed water recharge reservoir, required an allocation of credits from the bank. The net result was an available credit balance of 188.7 state credits.  To effectively manage this asset, the City Council adopted a policy resolution 06-59 at the July 18, 2006 meeting.  The policy approved the release for “public” sale of up to 90 State Wetland Mitigation Bank Credits from the 188.7 credits held in the Port Orange Mitigation Bank. The balance of 98.7 credits was to be kept for City projects. 


By November 2007, all 90 of the “public” credits were either sold or reserved under specific Council actions.  Subsequently, via the November 17, 2007 Council-approved Resolution 07-117, an additional 41 state credits previously earmarked for City use were reallocated for “public” sale.  This brought the total credits available for “public” sale to 131 leaving 57.7 for City use.  Council action of December 4, 2007 committed these additional “public” credits to ICI as part of the proposed Woodhaven project.  Meanwhile, commitments of 15 credits had previously been authorized for various City projects (including the Eastport Business Park, SummerTrees Road Extension, the new Police and Fire Department sites, and the Port Orange Business Park on Williamson Boulevard), thereby reducing the available uncommitted credits to 42.7 of the 57.7 City-credits.


Now CBL, the developer of the Port Orange Pavilion, has requested to reserve and purchase up to an additional 25 state credits.  The attached resolution authorizes this release, and brings the total credits available for “public” sale to 156, leaving a balance of 32.7 credits designated for City projects (for a total of 188.7 credits). 


If Council approves the proposed release of 156 credits for “public” sale, then an uncommitted balance of approximately 17.7 of the City-designated 32.7 state credits remains available for future City projects.  This may restrict our ability to mitigate for any significant wetland impacts on large City projects, at least until such time as additional credits are released within our bank by the SJRWMD.


Staff recommends that Council approve the resolution, amending policies pertaining to the sale of credits from the City of Port Orange wetland mitigation bank, by authorizing the release for sale of additional State Wetland Mitigation Credits, bringing the total credits released for sale to 156.


Item 16a -      Approval of Bid Award by the County of Volusia for Williamson Boulevard , Phase II, Related to the Joint Project Agreement with the City of Port Orange



The County of Volusia recently advertised and solicited bids on the Williamson Blvd. Phase II Joint City–County Project.  We entered into this joint project agreement with the County to contract out this construction project jointly in order to save money and to avoid contracting and coordination conflicts.  In addition, the City committed, in that agreement, to assist the County by helping to pay for 25% of the bridge, roadway, and drainage improvements costs. The project was recently competitively advertised for bid and eleven bids were publicly opened on April 15th by the County, see attached bid tabulation. 


We have completed our review of the bid tabulation and have reached agreement with Volusia County staff that Stevens Counts Inc., with the bid amount of $11,109,225.43, is the lowest responsive bidder. Your action to approve the issuance of a purchase order to the County of Volusia is needed in order for us to fulfill the terms of our agreement and for the County to award this contract on May 1, 2008 to Stevens Counts Inc., from Ocala , Florida .


This joint effort between the City and County will widen Williamson Blvd. southward and across Spruce Creek to 4-5 lanes and improve traffic flow thru the area. Our proposed utility work includes the relocation of a 16” reclaimed water line, 16” sewer force main and 16” water line, and conduit for future fiber optic communication cable.  These will help to serve all of our existing and future utility customers south of the creek.  We will also be fulfilling our agreement with the County to pay for 25% of the roadway, bridge, and drainage costs. 


County staff has suggested that the City pay approximately 40% of the Performance and Payment Bond cost of $110,000 or approximately $44,000.  Since this cost item was not mentioned in our existing joint agreement with the County, we believe it to be appropriate for you to make a determination regarding our city’s cost participation percentage on this item.  The County will also serve as a project administrator, including securing the various bonds and insurance requirements, assisting in overseeing construction, and other administrative functions. Your approval of issuance of a purchase order to the County of Volusia , as stipulated in our agreement with them, is hereby requested.  Funds are currently available in the CIP Williamson Blvd. Phase II South Project,  #URL005.


Staff recommends that Council approve the bid award for County Project #08-B-86SR by the County of Volusia to Stevens Counts, Inc. under the Joint Project Agreement with the County of Volusia for Williamson Blvd. Phase II and to authorize the issuance of a purchase order to the County of Volusia for an amount not to exceed $4.452 million dollars. 




J.                  ADMINISTRATION


Item 17 -        First Reading   Ordinance No. 2007-14 – Brownfield Redevelopment Program


The City has the opportunity to participate in the Florida Department of Environmental Protection (FDEP) Brownfield Redevelopment Program.  The Brownfield program is a redevelopment tool to help local communities increase the economic viability of properties that are underutilized or that have remained idle for years due to environmental contamination or the perception of such contamination.   State tax credits, refund of state taxes for new job creation, sales tax credit on building materials and state loan guarantees are the primary benefits available for participants in this program.  State Statutes require the establishment of an Advisory Committee for the purpose of improving public participation and receiving public comment on rehabilitation and redevelopment of Brownfield sites and areas.  The subject Ordinance confers upon the City’s Environmental Advisory Board (EAB) the duties and responsibilities of the Brownfield Advisory Committee, as outlined in The Brownfield Redevelopment Act (Section 376.77 through 376.86, Florida Statutes).    The EAB is reviewing this item on April 16, 2008.   Their recommendation will be provided subsequent to that meeting.


Staff recommends that Council adopt the attached ordinance amending Section 2-117 of the Code of Ordinances to designate the Environmental Advisory Board as the City’s to designate the Environmental Advisory Board as the city’s Brownfield Advisory Committee.


Second Reading:   May 27, 2008





Item 18 -        Comments/Concerns from Council Members


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


Item 19 -        City Council Committee Reports


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