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 21, 2008


Date:               October 10, 2008






Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call




Item 4 -           Report from Kemper Sports Management


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





Item 5 -           Discussion of Merger – YMCA


At this time, Mark Thornell, District Executive Director of the YMCA will bring Council up to date on the merger between the Greater Daytona Beach Area YMCA and the West Volusia YMCA.


City Manager’s Comments:  The press has reported the merger of the West Volusia and East Volusia YMCA’s into one corporate structure.  This is an opportunity for the City Council to be brought up to date on how this merger impacts and benefits users of the Port Orange Y.







Item 6 -           Approval to “Piggyback” State Contract and Federal Contract to Purchase Tires for Fleet Vehicles


Each year, Staff requests approval to “piggyback” various contracts in order to purchase tires for fleet vehicles.  Staff requests approval to “piggyback” State Contract No. 863-000-06-1 and Federal Contract No. CATL-1922 through approved vendors, McGee Tire Stores, Inc., and Boulevard Tire Center.


Item 7 -           Approval to Purchase Fuel


Each year, Council grants approval to “spot bid” fuel purchases as allowed by Section 8-26 of the Code of Ordinances.  This practice allows the City to purchase fuel at the lowest market price available on each shipment.  Staff also requests approval to issue two blanket purchase orders to Global Oil and Exum Energy so that fuel can be purchased immediately in preparation of emergencies, such as hurricanes.


Staff recommends Council approval to “spot bid” City fuel purchases as allowed by Section 8-26 of the Code of Ordinances.  Staff also recommends approval to issue blanket purchase orders to Exum Energy and Clay Oil for the amount of $50,000 each in order to purchase fuel during emergency situations, such as hurricanes.


Item 8 -           Request Approval of SHIP Program Down Payment Assistance for Mr. Youssef Ayad and Ms. Nancy Beshay


The State Housing Initiatives Partnership program is a grant that is funded by the State in an effort to assist low ad moderate-income individuals with housing needs.  Youssef Ayad and Nancy Beshay have been approved for assistance through the City’s contractor Mid-Florida Housing Partnership.  In addition to approval, Youssef and Nancy have attended classes on credit counseling and home ownership, as well as meeting 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 a loan up to $60,000 and acceptance of a second mortgage and promissory note for the purchase of real property for Youssef Ayad and Nancy Beshay.


City Manager’s Comments:  As you are aware, the City of Port Orange receives an allocation from the State of Florida each year to assist individuals with housing issues.  We have contracted with Mid-Florida Housing Partnership to pre-qualify applicants.  We are in the third year of the program.  Recently, there was a question raised at City Council about the number of Port Orange residents that were helped through the SHIP program.  It was found that more than 85% of the recipients were Port Orange residents when they applied for assistance through Mid Florida.  Because the program is a state funded program, the City cannot limit applications to existing Port Orange residents.  However, once approved by Mid Florida, all of the down payment assistance benefits Port Orange properties.  All of the individuals approved by Mid Florida and the City Council become Port Orange homeowners as well as Port Orange citizens. 


There are other activities in our housing program besides the down payment assistance program.  100% of the funds from those activities help Port Orange residents and are allocated for Port Orange properties. 


I have asked Becky to set up individual briefings for each City Council member about the SHIP program.  We have an individual on staff who is well versed in this program as well as with the Federal Community Development Block Grant Program.  


Our program is based on individuals meeting specified qualifications established by the State of Florida for the program.  The City Council’s role is the allocation of those resources from State allocation to help people acquire homes in Port Orange.  The Council’s role is not to determine eligibility or to choose from among those who have applied as to who will receive or not receive funding.  The City Council has established a process that meets the requirements of the State of Florida related to the program.   


Item 9 -           Addendum No. 23 to Contract with Quentin L. Hampton Associates, Inc.  Cambridge Basin Improvements/Trailwood Swale Replacement


Quentin L. Hampton Associates, Inc., is requesting approval of additional fees associated with the Trailwood Drive swale replacement.  Attached is a letter from Quentin L. Hampton Associates that provides details regarding the additional engineering fees requested.


If approved, this will be Addendum No. 23 to the contract with Quentin L. Hampton; Change Order No. 5 to the existing purchase order for the Cambridge Basin Improvements.  The total change order will not exceed $29,868 and funds are available in Account No. 412 1800 541 6397, Project DIP0012, upon approval of carry-over funds.


Staff recommends that Council approve Addendum No. 23 to the contract with Quentin L. Hampton Associates, Inc., for $29,868 for fees associated with the Trailwood Drive swale replacement (Cambridge Basin Improvements Project).


City Manager’s Comments:  About a year ago, we met with residents on the lower end of Trailwood Drive concerning the swales that were constructed as part of the Cambridge Project.  When the swales were constructed, it made it very difficult to maintain the areas.  The residents were plagued by water standing in the swales even after long periods of no rainfall.  Prior to the construction of the swales, the property owners were able to mow right up to the edge of pavement and to maintain the areas in front of their homes.  They requested that we approach St. Johns River Water Management District about making a design change that would allow the piping of this area instead of the swales.  We have done that.  It appears that the piping can be permitted. 


Item 10 -        Building Activity Report and Monthly Development Activity Report for August and September, 2008


The attached Staff Reports include the Development Activity Report for September, 2008, and the Building Activity Report for August, 2008.  These reports provide information on proposed development and projects under construction, commercial Code Enforcement Activity, and monthly building permits and inspection updates.  Staff recommends that Council accept the Staff Reports (Building Activity Report and Monthly Development Activity Report) for the months of August and September, 2008.


Item 11 -        Daytona Campground – Fiber Optic Easement


The easement for Access and Underground Utilities will be used for fiber optic and other utility purposes primarily serving the Police Station located on Clyde Morris Blvd.  Staff recommends that council approve and accept the easement granted by NHC-FL 120, LLC, with indemnity covering the City’s use of the easement.





Item 12 -        Proposed Write-Off of Bad Debts


During the past few weeks, City Staff has evaluated the potential of collecting certain accounts receivable.  During this process, we have concluded that $51,475.39 utility account receivable and $15,945.01 miscellaneous receivables, totaling $67,420.40, are proposed for write off.  These accounts range in age from 1 to 6 years, including some penalties on miscellaneous accounts receivables and represent accounts that were not able to be secured by property, businesses, or other entities.  We will continue to attempt collection of these accounts.  Please see the attached memorandum for more detail.  Specifics of these accounts are maintained by the City Clerk.


Staff recommends City Council authorization for Staff to write off utility accounts receivable and miscellaneous accounts receivable balances that have been deemed uncollectible.


City Manager’s Comments:  Staff hates to recommend writing off any bad debts.  However, our losses are very minimal when compared to the amount of revenue collected each year.  Although the staff requests that the debts be reduced from our books, we continue our collection effort.  A listing of the accounts is available in the City Clerk’s Office.




Item 13 -        Second ReadingOrdinance No. 2008-19 – Small Scale Land Use Amendment – Summit Golf Center – Tim Peightal


Staff recommends approval.


Item 14 -        First ReadingOrdinance No. 2008-36 - Adoption of the Spring 2008 Comprehensive Plan Amendment Package (DCA 08-2)


On April 24, 2008, the Planning Commission recommended approval, 7-0, to transmit the Spring 2008 Large-Scale Comprehensive Plan Amendment (CPA) Package. On May 20, 2008, the City Council authorized the transmittal of the subject amendments to the Florida Department of Community Affairs (DCA) and other review agencies. 


Upon review of the City’s proposed amendments, DCA did not have any objections; however, there were three comments. Comments are advisory in nature and do not affect determination of non-compliance. Nonetheless, staff has prepared responses to these comments, which include a revision to one of the proposed policies. The City has also received the Volusia Growth Management Commission (VGMC) Certification and is now prepared to adopt the Spring 2008 CPAs.


Please note that the applicant for Item 1 (New Port) has requested that the size of the amendment area be reduced by ± 9.9 acres (from ±42 acres to ±32 acres). A discussion of this change, and summary tables that show how the elimination of the subject 9.9 acres impacts public facilities, is included in the City’s response to DCA’s comments.


Please find attached for your review:

  1. The adoption ordinance and exhibits;
  2. The City’s response to DCA’s comments and a Summary of Changes to the Original Transmittal Package;
  3. The DCA Objections, Recommendations, and Comments (ORC) Report;
  4. The VGMC Certification letter; and
  5. The original staff reports for each case.


Staff recommends that Council approve the attached ordinance amending the City’s Comprehensive Plan Update ‘98 for Case Nos. 07-20000012 and 08-20000002, and authorize staff to transmit the adopted amendments to the Department of Community Affairs for final compliance review.   





Item 15 -        Second Reading – Ordinance No. 2008-35 – Amending the City Charter to Allow the City to “Opt Out” from the Uniform Election Act and to Amend City Charter Sections 3.02, 3,03, 5.02, and 5.04 Relating to the Election Dates, Qualifying Periods, and Terms of Office as Necessary to Implement the election Date Change


Staff recommends approval.





Item 16 -        Comments/Concerns from Council Members


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