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 May 6, 2008


Date:               April 28, 2008



The City Council will meet in the Shade related to Union negotiations at 5:30 p.m.  At 6:00 p.m. the City Council will meet in a workshop session to discuss the budget.  I have asked Tom Weber to be prepared to discuss the revisions, options, and alternatives to the Fire Service Fee.  In order for a fee to be used as a revenue source during the upcoming budget cycle, the City Council needs to provide direction to the staff.  I have attached an option that allocates the cost of service based on square footage for residential properties. This is in addition to the flat rate option that the City Council has already seen.  We will provide the City Council with the commercial materials as well. 


As we have discussed in the past, service fees are based on the cost of providing service and not based on property value.  Under fee systems, some users will pay more while some will pay less.  With the legislature discussing other methods of limiting ad valorem taxes, local governments need to be prepared to look at alternative methods of paying for services. 


The City Council will need to provide direction to the staff if this is an avenue the Council desires to pursue this budget year.  





Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call




Port Orange Riverwalk, LLP, has been successful in securing two (2) contracts for sale and purchase of the four (4) vacant Galbreath parcels located at the corner of Dunlawton Avenue and Halifax Drive (Property Parcel Nos. 03-16-33-11-02-0010; 03-16-33-11-02-0011; 03-16-33-11-02-0013; and 03-16-33-11-02-0020).  Combined, the subject parcels comprise an upland area roughly 96,000 sq. ft. (2.2 acres) in size.   Since the waterfront portion of the subject property is key to the design of the Riverwalk Boardwalk and Park, staff recommends that the CRA accept assignment of these contracts.  Funds for this property acquisition are available from the proceeds of the Series 2007 TIF bond issue (Acct. #318-1000-580-6100).  After the recent Oskandy (former Count’s Westernwear) purchase at U.S. 1 & Dunlawton, this account has a remaining balance of $2,615,166.50.


The contract purchase price for the Galbreath parcels is $2,500,000.  The appraised value, as determined by a CRA-hired appraiser in April 2008, was $2,500,000.   Total acquisition costs are not anticipated to exceed $2,510,000.   The closing on this purchase and sale must take place prior to the end of May 2008.   This assignment is offered under several provisions outlined in the Assignment Agreement.  These include that Port Orange Riverwalk, LLP, retains the right to repurchase the portion of the property lying west of Halifax Drive for twelve (12) months after closing.  Additionally, Galbreath is allowed to lease the existing parking lot for at least one (1) year after the real estate transaction.


Staff recommends that Council accept assignment of the contracts to acquire the four (4) Galbreath parcels located at Dunlawton Avenue and Halifax Drive, and to authorize the Chairman and City Manager to execute all necessary documents for this transaction.




Item 4 -           Special Recognition Award – Deborah Lanni and Sharron Ward


Deborah Lanni was named 2008 Victim Advocate of the Year for the Volusia/Flagler region of the Victim Advocates Coalition.  Deborah was recognized for her dedication to the work of helping those affected by crime.


Sharron Ward was also honored as Volunteer Victim Advocate of the Year.  Ms. Ward has been with the Victim Advocate Program since April, 2000, and continues to provide comfort and emotional support to victims of crime.





Item 5 -           Civil Service Board (1 Term to Expire on May 16, 2011)


The term of Wayne Wilcox will expire on May 16, 2008.  Mr. Wilcox has stated that he is interested in being reappointed to this Board.  There are no other applications on file for the Civil Service Board.





Item 6 -           Approval of Minutes


Attached are the minutes of the following meetings:


                                                March 28, 2008 – Special City Council Meeting

                                                March 18, 2008 – Regular City Council Meeting

                                                March 25, 2008 – Regular City Council Meeting

                                                April 1, 2008 – Regular City Council Meeting


Staff recommends approval.


Item 7 -           Update on Construction Projects


Attached is the report from Quentin L. Hampton Associates.  If you have questions, please contact either Mark Hampton or me.  We recommend approval.


Item 8 -           Update on Recreation Facilities


Attached is the report from Parks and Recreation.  If you have questions, please contact either Susan Lovallo or me.  We recommend approval.


Item 9 -           Road Construction Report


Attached is the report from Public Works.  If you have questions, please contact either Warren Pike or me.  We recommend approval.


Item 10 -        Change Order No. 1 – Coraci Park


This change order is the result of changing Reinforced Concrete (RCP) pipe to the less expensive High Density Polyethylene (HDPE) pipe.  Staff feels this change is justified based on the site conditions and the price differential between the pipes and has the approval of the Engineer of Record.  There is no change in contract time.


Staff recommends that Council approve Change Order No. 1 for a price reduction in the amount of $48,424.25 for the Saboungi Construction, Coraci Park contract and authorize the Mayor and City Manager to execute the associated contract documents.


Item 11 -        Request Approval of SHIP Grant Down Payment Assistance for Rick D. and Natasha Lonitz


The State Housing Initiatives Partnership program is a grant that is funded by the State in an effort to assist low and moderate-income individuals with housing needs. 


Ricky D. & Natasha Lonitz have been approved for assistance through the City’s contractor Mid-Florida Housing Partnership. In addition to approval, Mr. & Mrs. Lonitz have attended classes on credit counseling and home ownership, as well as met all State regulations for assistance.


All contracts and closing statements will be subject to approval by the City of Port Orange Legal Department prior to award of assistance and property closing.


Staff recommends that Council authorize loan up to $60,000 and acceptance of second mortgage and promissory note for the purchase of real property.


Item 12 -        Renew Contact with Sparks Concrete


Last year, Council awarded the concrete construction contract to low bid vendor, Sparks Concrete LLC.  This contract provides for the installation and repair of sidewalks, bike paths, and curbing as needed.  Sparks Concrete is willing to renew without any increase in price.  Staff is satisfied with their performance and wishes to extend the contract another year.  If approved, the contract will be extended through May 31, 2009.


Staff recommends approval to extend the contract construction contract with Sparks Concrete LLC for one more year through May 31, 2009.





Item 13 -        Report from Advisory Board:


a.                  Environmental Advisory Board


At this time, a representative of the Environmental Advisory Board will make a report to the City Council.





Item 14 -        Resolution No. 08-16 – Adoption of City Wireless (Cellular) Telephone Policy


Recently, the Internal Revenue Service (IRS) has taken a harder line on cell phone usage and related documentation.  The City currently has an existing cell phone policy that addresses these issues; however, based on enhanced (IRS) restrictions and documentation procedures, the City must update its cell phone policy.  Attached is a proposed policy.


In summary, wireless cellular telephone issues fall into three categories:


1.                  A monthly allowance for personal cellular telephone used by employees for City business;

2.                  City owned cellular telephone assignments;

3.                  Emergency administrative team members are provided cellular telephone equipment for emergency or storm events.


The attached policy discusses these categories in detail, providing documentation guidelines, reimbursement rates, and disciplinary procedures for non-compliance.  Staff recommends adoption of the proposed policy.





Item 15 -        Second Reading – Ordinance No. 2008-9 – Adoption of Small Land Use Amendment – Jay Patel (Continued to Date Certain of May 6, 2008)


This item was scheduled because we anticipated the materials being returned from the Volusia Growth Management Commission.  To date, the material has not been received.  Should the material be received prior to Tuesday night, we will let Council know.


Item 16 -        Second Reading – Ordinance No. 2008-10 – Approving the First Amendment to the Master Development Agreement for the Peacock Way PCD (Continued to Date Certain of May 6, 2008)


This item was scheduled because we anticipated the materials being returned from the Volusia Growth Management Commission.  To date, the material has not been received.  Should the material be received prior to Tuesday night, we will let Council know.


Item 17 -        Second Reading – Ordinance No. 2008-13 – Amending Article IV of Chapter 42 of the Code of Ordinances Relating to Nuisances


Revisions were made after this item was presented on First Reading.  Attached is a memorandum from Community Development outlining those changes.  We recommend approval.


Item 18 -        Concurrency and Fair-Share Agreement for the Final Site Plan – Williamson Business Park


The Williamson Business Park site plan is for the development of infrastructure for the future development of an industrial/office park located on the east side of Williamson Boulevard, south of McGinnis Avenue.  The plan in question includes the construction of the McGinnis Avenue extension, a stormwater pond, and other associated site improvements.  The fair-share amount is $588,585.00, which will go toward the improvements of the Dunlawton Avenue/Clyde Morris Boulevard intersection, the I-95 interchange area, and the Summertrees Road extension.  The project has been reviewed; and upon payment of the fair-share payment, a Development Order will be issued.


Staff recommends that Council approve the Concurrency and Fair-Share Agreement for the Williamson Business Park Site Plan.





Item 19 -        Resolution No. 08-17 - Pertaining to the Reservation of Additional Wetland Mitigation Bank Credits for CBL & Associates Management, Inc.



CBL & Associates previously reserved and then purchased State wetland mitigation bank credits from the City mitigation bank for the Port Orange Pavilion project.  They are now seeking to expand the project and develop a second phase on adjacent property.  This will require additional wetland mitigation.


CBL is requesting to reserve an additional 25 State mitigation credits for an initial period of 12 months, with the option to extend the agreement for two (2) additional terms.   The current cost per State credit is $50,000.00, making the required non-refundable 10% deposit due on reservation $125,000.00.  Should extensions of this agreement be requested, and additional 10% fee would be required.   The balance of the total purchase price will be due upon closing of the sale of the credits.


Staff recommends that Council approve the resolution authorizing the reservation of 25 State mitigation bank credits for an initial period of 12 months, and authorize the Mayor and City Manager to sign documents on behalf of the City.





Item 20 -        Non-Exclusive Access Easement and Gate Installation – The Hammocks, Phase I


The Hammocks Homeowners Association is requesting City Council authorization to close Deer Springs Road, where it meets Long Branch Place, to through-traffic by installing a rolling gate on their property.  The road within the neighborhood is private, is not constructed to the City’s standards, and is being damaged by through-traffic.  Representatives from the Homeowners Association (HOA) approached the City last year about the road closure request and were provided with a list of staff concerns and conditions, including:


  1. Installation of a gate, on private property, at least 15 feet from the fire hydrant when opened;
  2. Access ability by emergency responders and utility crews;
  3. Adequate signage letting the public know there is no outlet;
  4. Adequate turn-around area; and
  5. HOA responsibility to fund all costs associated with the project.


With the closure at Deer Springs Road, two other routes remain available for ingress and egress from Madeline Avenue.  The HOA has agreed to the conditions set forward by staff.


The purpose of the easement is to provide for access, ingress, and egress within the described area for emergency vehicles and government services, including but not limited to franchise utilities and telecommunications providers.  Staff recommends acceptance.


Staff recommends that Council accept a permanent, non-exclusive access easement across and along Deer Springs Road, a 24-ft. ingress/egress private right-of-way in the Hammocks, Phase I, and permit installation of a rolling gate.


Item 21 -        Appointment to Volusia Growth Management Commission


We need the City Council ‘s assistance in identifying individuals who would represent the City of Port Orange on the Growth Management Commission.  This is an extremely important Commission.  It is important for the City of Port Orange to be represented on this body.  Donna Steinebach has requested not to be re-appointed to the Commission.





Item 22 -        Comments/Concerns from Council Members


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