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

                        January 6, 2009


Date:               December 29, 2008




A.        OPENING


Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call

Item 4 –          Election of Vice Mayor

Item 5 -           Order of Business


The City Council has been using the same agenda format for a number of years.  It provides a mechanism to organize the agenda so that the materials are presented and considered in an orderly fashion.


The second document the City Council needs to review as part of the Order of Business is the City’s Citizen Participation Plan.  Several years ago, the City Council adopted a plan to set a procedure for citizen participation in City conducted meetings.  It has worked extremely well for the City of Port Orange. 


Item 6 -           Appointments to Council Committees


Below is a listing of the Boards and Commissions on which Council members either serve on the Board or serve as the Council Liaison to a specific group or organization.  Annually, the City Council determines whether to make modifications.  Let me point out that the Code of Ordinances establishes terms for the Police and Fire Pension Boards.  The terms on those Boards are 2 years.  Of course, a Council Member can request not to be appointed. 


At this time, Council will appoint representatives of Council to serve on the following committees:


  • Water Authority of Volusia
  • City Investment Committee
  • Metropolitan Planning Organization (MPO)
  • Library Advisory Board
  • Municipal Firefighters Pension Board
  • Municipal Police Officers Retirement Trust
  • YMCA
  • Volusia Council of Governments (VCOG)
  • Volusia League of Cities
  • ArtHaus
  • Port Orange-South Daytona Chamber of Commerce
  • Golf Course Board of Directors
  • Communications Interlocal Agency (CIA)




Item 7 -           Special Recognition of Retired City Employees


At this time, Council will recognize the employees who retired during 2008.  Those employees are:


Janet Bowey

Bob Breaks

Dennis Dearborn

Tom Dohmen

Kay Kincaid

Nan Milholen

Jack McNulty

Richard Ott

Billy Joe Potts

Bob Ray

Linda Sheridan

Tom Sheward

Rick Skeens

Michael Stefanick

Larry Turner


Beginning at 6:15 p.m., the City Council will honor the retirees and their families and friends with a reception in the lobby of Port Orange City Hall.  During the regular City Council Meeting, the City Council will present each employee who retired during 2008 with a special recognition proclamation.


Item 8 -           Special Recognition of Dan Weimer


During 2008, a ceremony was held to recognize citizens who have made contributions to the City of Port Orange.  The citizens’ names were to be added to the plaque at Memorial Park.  Dan was out of town at the time of the ceremony.  Council will recognize Dan at this time.





This is the annual organizational meeting of the Port Orange Property Development, Inc.  Separate agendas have been prepared for each of the meetings. 




This is the annual meeting of the Design Review Board of the Port Orange Property Development, Inc. 




This is the annual meeting of the City Center Corporate Park Property Owners Association.




This is the Annual Meeting of the Golf Club at Cypress Head, Inc.




Item 9 -           Board Appointments and Interviews


a.                  Code Enforcement Board (1 Term to Expire 4/5/09)


One appointment needs to be made to the Code Enforcement Board with the term to expire on April 5, 2009.  Attached are applications from those who are interested in serving on this board.


b.                  Construction Regulation Board (3 Terms to Expire 2/15/11)


Three appointments need to be made to the Construction Regulation Board with terms to expire on February 15, 2011.  Ronald Martin and Gary Wisniewski have expressed a desire to be reappointed.  Attached is the only application currently on file.


c.                  Environmental Advisory Board (2 Terms to Expire 5/7/09)


Two appointments need to be made to the Environmental Advisory Board with the terms to expire on May 7, 2009.  Attached are the applications from individuals that expressed interest in serving on this Board.


d.                  Parks and Recreation Advisory Board (4 Terms to Expire 2/15/11)


Three appointments need to be made to the Parks and Recreation Advisory Board with terms to expire on February 15, 2011.  Mark Bowling and John Cameron have expressed a desire to be reappointed.  Attached are applications from others who have expressed an interest in serving on this Board.


e.                  SHIP Board (Terms to Expire 1/6/11)


There was a change in the State Law related to the SHIP Board.  We need to reconstitute this Board so they can provide input in accordance with State law.  A minimum number of individuals must be appointed.  State law requires representation from certain groups.  However, there is no maximum number that the City Council can appoint to the SHIP Board as long as the representative groups are represented.  We have an excellent group of individuals who have indicated their willingness to serve on the SHIP Advisory Board.  I am recommending that the City Council appoint all the individuals who have applied to serve on this Board rather than restricting the membership to the minimum number.  I have spoken with staff.  They are confident that they can work with the larger number because of the quality of the applicants.



I.                    CITIZEN PARTICIPATION (Agenda)


Item 10 -        Presentation from Business Development Partnership


Sam Goodwin will make a presentation to the City from the Business Development Partnership.



I.                    CITIZEN PARTICIPATION (Non-Agenda – 15 Minutes)




Item 11 -        Approval of Minutes


Attached are the minutes of the following meetings:


November 11, 2008 – Regular City Council Meeting

December 2, 2008 – Regular City Council Meeting


Staff recommends approval.


Item 12 -        Update on Construction Projects


Attached is the update from Quentin L. Hampton Associates, Inc.  If you have questions, please contact either Mark Hampton or me. 


Item 13 -        Update on Recreational Facilities


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


Item 14 -        Road Construction Report


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


City Manager’s Comments:  Jerry Brinton will be attending the January 20 Council Meeting to update the Council on construction of South Williamson.  One note: there has been a change in the method that South Williamson will be constructed north of Taylor Road.  As you will recall, the County was going to let a change order to Masci to construct the lane improvements in front of the Pavilion.  However, the County has decided that it would be best if CBL constructed the improvements.  Recently, the County modified their agreement with CBL to accomplish that task.  The City is waiting on the final documents, including the bonding of the project, before releasing the DRI funds to CBL that were committed to the County for South Williamson road improvements. 


Item 15 -        Proposed Encroachment Agreement for Coraci Park


With the improvements to Coraci Sports Park, the Approved for Construction Plans proposes to fill the area located within the 30’ Utility Easement covering Florida Gas Transmission Company’s (FGT) gas pipe.  Therefore, FGT requires the City to enter into an Encroachment Agreement with them for the proposed improvements.


This agreement with FGT will approve fill placement in the area located within the easement approximately 2’ above the existing grade as identified on the enclosed drawings.


Staff recommends that Council approve and authorize the Mayor and City Manager to act on behalf of the City to execute the Encroachment Agreement with the Florida Gas Transmission Company.


Item 16 -        Palmer College of Chiropractic Lease Extension Request – Allen Green Center


Palmer College of Chiropractic has requested a one-year extension of their lease agreement for use of the Allen Green Center beginning April 1, 2009 and expiring on March 31, 2010.  Under the terms of the Second Amendment and Restatement of Lease Agreement, Palmer may request the extension under the existing terms and amendments, so long as they have met the requirements within the agreement.


Palmer is in good standing with the City and has requested the extension within the time limits prescribed in the agreement.  Staff recommends approval of the Second Amendment as attached.


Staff recommends that Council approve the Second Addendum to the Second Amendment and Restatement of Lease Agreement for the Allen Green Center with Palmer College of Chiropractic.


Item 17 -        Rose Bay Funding Agreement


The City Council previously authorized and appropriated $1 million toward the $4 million sponsor match shortfall to complete the Rose Bay Watershed Restoration Project.  A Memorandum of Understanding was also executed. The St. Johns River Water Management District (District) has requested the City formalize the partnership through the attached funding agreement.  Each partnering agency will adopt a similar agreement. The funding agreement limits the City’s contribution to no greater than $1 million.  Staff recommends approval.


Staff recommends that Council approve a Funding Agreement with St. John’s River Water Management District for disbursement and utilization of funds for the Rose Bay Restoration Project and authorize the Mayor and City Manager to execute necessary documents.


Item 18 -        Design-Build for All Children’s Park


A design criteria package prepared by Jim Wachtel from DJ Design was developed and staff placed the Design-Build out on the street for a Complete Design Build project.  The complete package includes demolition of the old structures as well as both the design and construction of the new park.  Participants were told that a memento from the old park was to be included in their design to represent the numerous hours and volunteer time spent on the original park.  Participants were also told that this was to be Port Orange’s signature “marquee” park. 


There were seven (7) submittals received.  The Selection Committee short listed the submittals down to four (4) teams. The four teams that were short listed made oral presentations of their designs to the committee.  Upon conclusion of the oral presentations, the Selection Committee then determined a final ranking based upon the qualifications and design only.    That ranking was: 


                                    1.         Austin Outdoor;

                                    2.         DRP Dominica;

                                    3.         Playmore West; and

                                    4.         HDG


At that point, the price envelopes were opened.  The bid from the number one ranked firm, Austin Outdoor, bid was $295,486.97; 2.) Gametime DRP was $249,000; Playmore was $249,176.35; and HDG was at $246,768.00 and is the lowest bid.  Dividing the price by the score makes the higher the score the lower the relative price.  This then is the last and the final column of figures.  The Selection Committee’s final ranking is:


                                    1.         Austin Outdoor;

                                    2.         Gametime/DRP Dominica;

                                    3.         Playmore West; and

                                    4.         HDG


Therefore, staff recommends that Council approve this final ranking and allow staff to negotiate a successful contract with this number one ranked firm, Austin Outdoor, hopefully to bring their price more in line with the budget of $265,976.10. 


Funding for this park is from account 315-5100-572-6397, Project # QPC030.


City Manager’s Comments:  It has been 20 years since the All Children’s Playground was constructed.  Thousands of children have enjoyed the playground, and it continues to be very popular with children of all ages.  A second generation has begun playing at All Children’s Park.   Hopefully, this spring we can host a dedication of the new playground at All Children’s and invite all those who participated in the original playground construction back to the park. 


This past summer, we asked the more than 600 children who participated in our summer playground program to tell us what they would like to see in the new playground at All Children’s Park.  Many of their ideas will be incorporated into the new playground.  This will constitute a major park improvement. 



Item 19 -        Annual Paving Program (FY-2009) Approval to “Piggyback” Volusia County’s Contract with Halifax Paving


Staff has identified the roadways in need of resurfacing for the 2009 Paving Program.  The spreadsheet attached lists the roadways to be resurfaced, condition, year originally construction, and cost to resurface each.  Staff requests approval to “piggyback” Volusia County’s contract with Halifax Paving Inc. (Contract No. 06-B-252JG), in order to obtain asphalt at a cost not to exceed $85 per ton ($10 less per ton than last year’s contract).  The total estimated cost to resurface roads as shown is $678,363 (includes $38,241 in contingency).  Funds are available in Account No. 30143005415363, Project No. POL023.


Staff recommends Council approval to “piggyback” Volusia County’s Contract No. 06-B-252JG with Halifax Paving Inc., to resurface roads as outlined in the FT-09 Paving Program for a total cost not to exceed $678,363.


Item 20 -        One Month Contract Extension for A & A Automotive


The Annual Wrecker Service Bid was pulled from the December 9, 2008, agenda.  The City’s current contract expires December 31, 2008.  A & A Automotive Wrecker Service, the City’s current contractor, has agreed to extend their contract through to January 31, 2009, in order to maintain wrecker service until the new bid can be awarded and put into service on February 1, 2009.  Staff recommends that Council approve the contract extension for one month through January 31, 2009, to A & A Automotive.


Item 21 -        Adoption of the 2009 Legislative Program


Attached is a listing of important dates and information related to the 2009 Regular Legislative Session along with a listing of bills that were passed during the 2008 session.


Staff recommends that Council adopt the 2009 Legislative Program and authorize staff to monitor key legislation applicable to the City, its operations, and the community in general.


Item 22 -        Council Meeting Schedule for 2009


Following is the proposed schedule for Council Meetings for the year 2009:


                        January 6, 20, and 27

                        February 3, 17, and 24

                        March 3, 17, and 24

                        April 7, 21, and 28

                        May 5, 19, and 26

                        June 2, 16, and 23

                        July 14, and 21 (Regular Meetings);

July 25 (Saturday Budget Workshop)

                        August 4, 18, and 25

                        September 1, 15, and 22 (It may be necessary to adjust the September 1 or 15 meeting dates.  As you are aware, the City Council cannot hold a public hearing that conflicts with either the County or the School Board.  They have not set their meeting schedules yet.  As you will recall, we had to adjust the meeting schedule this year in order to comply with the TRIM meeting requirements of the State Statutes. 

                        October 6, 20, and 27

                        November 3 and 10

                        December 1 and 8


Staff recommends that Council approve the proposed schedule for 2009.


Item 23 -        Acceptance of Settlement in the Case of Michael Doddridge vs. City of Port Orange


On July 14, 2004, Mr. Doddridge was working with his father as a landscaper in the area of 1000 Grassy Ridge Street, Port Orange.  While edging, he stepped onto a partially open storm water grate causing him to fall into the storm water drain.  There were two sections of iron grates covering the drain.  The grates were chained and locked together by Public Works to prevent theft.  Eight days prior to the incident, a resident notified Public Works that the grates were hanging down into the storm drain by its chain.  Public Works immediately corrected the alignment of the grates.  However, approximately one week later, the incident occurred as one of the sections of grate was again hanging down into the storm drain by the chain.  Mr. Doddridge stepped backwards onto the drain and fell through the opening.  He fell approximately 12 feet.  From the City’s post accident investigation, it appears that juveniles had been tampering with the grates.  The City has no prior incidents where a person has fallen into a drain due to a misaligned grate.  Mr. Doddridge was extracted from the drain by Fire/Rescue.  He sustained approximately $25,0000.00 in medical expenses due to the accident. 


A copy of the settlement agreement is attached.  The agreement provides payment of $30,000.00 to Mr. Doddridge.  It is the City’s position that there is no liability as the accident was likely caused by the act of third persons; however, the defense cost of trying the case before a jury would exceed the settlement cost regardless of whether the City prevails. Further, there is always a risk of trying a case before a jury regardless of the strength of your legal position.  If you have any questions regarding the case, or the recommendation of approval of the settlement, please give Ann-Margret Emery, Assistant City Attorney, a call.


Staff recommends that Council authorize the settlement of the Michael Doddridge vs. City of Port Orange, Case No. 2006-32099 CICI,  pursuant to the terms set forth in the settlement agreement.





Item 24 -        Report from Advisory Boards: 

                        Youth Advisory Board


City Manager’s Comments:  This is the first report from the Youth Advisory Board. 



L.         FINANCE


Item 25 -        Resolution No. 09-1 - Pertaining to City’s Right to Establish Fees for the Delivery of Water, Sewer, and Reclaimed Water Services, Including Surcharges


At present, the State Legislature is considering prohibiting municipal utilities from charging surcharges to customers of the City water and sewer utility.  The City of Port Orange has been working in conjunction with other cities to formally object to this proposed initiative. 


Staff recommends that Council approve the attached resolution re-authorizing the City’s right to establish fees for the delivery of water, sewer, and reclaimed water services including surcharges and authorizing the Mayor and City Manager to sign documents on behalf of the City opposing legislative initiatives that would prohibit and restrict the collection of such fees.



City Manager’s Comments:  This piece of legislation is coming out of South Florida.  It is supported by the Miami-Dade County Commission as part of their adopted legislative program.  John Shelley and I attended a meeting earlier this past fall related to the proposed legislation.  Currently, the City charges an inside-outside differential.  If the legislation is adopted, the City would have to adopt new rates. 


By adopting this Resolution, Port Orange would be joining other cities in the State of Florida who have similar rates in opposing a change in the State Statute.  Opposition to changing the law is part of our legislative program as well.


Item 26 -        Development Impact Fees Public Hearing Discussion


State law changed.  The City Council must conduct a public hearing 90 days in advance of implementing changes to our development fees (impact fees).  The City Council has already adopted the fees by Resolution.  On April 1, 2009, the adopted Water and Sewer Impact Fees will be implemented.  Legal notice has been provided as required by law.  Individuals may appear at Tuesday’s meeting to discuss with the City Council the new impact fees.  The only item to be discussed will be Impact Fees for Water and Sewer.  No other impact fee changes are being proposed at this time.  A copy of the legal ad is included as part of your agenda packet.




Item 27 -        Resolution No. 09-2 - Adopting an Affordable Housing Advisory Committee and Terms for the State Housing Initiatives Partnership Program (SHIP)


Upon initial receipt of SHIP funding, the City was required to appoint an Affordable Housing Advisory Committee for the purpose of reviewing and recommending possible incentives that would provide additional encouragement of the development of affordable housing in Port Orange.


The original Advisory Committee members’ terms have expired.


Consequently, in 2007, the Florida Legislature enacted a ruling that required all SHIP entitlement communities to re-convene their Affordable Housing Advisory Committees, with the inclusion of two newly defined members, to once again review housing incentives that the City may elect to adopt to encourage new affordable housing development.


The attached list identifies interested citizens from the statutorily designed areas of expertise, along with their indication of willingness to participate in this Committee.


Staff recommends that Council approve the attached resolution to appoint the attached, statutorily defined members of the SHIP Affordable Housing Advisory Committee


City Manager’s Comments:  The appointments to the SHIP Advisory Committee will be made under Board and Commission Appointments. 





Item 28 -        Resolution No. 09-3  - Amending Wetland Mitigation Bank Policies Providing for Reservation Payment Time Period Extension and Additional Deposit Requirements



On July 18, 2006, City Council adopted Resolution 06-59, establishing policies and fees for the City of Port Orange Wetland Mitigation Bank.  On April 22, 2008, the City Council amended the policy to allow reservation agreements up to one year for projects that are not Developments of Regional Impact (non-DRI) and up to three years for projects that are Developments of Regional Impact (DRI).


Taking into account the downturn in residential housing activity, it is considered in the best interest of the City to establish additional policy provisions for the Wetland Mitigation Bank as follows: 


1.      Authorize up to (2) one-year extensions for wetland mitigation credit reservation agreements for non-DRI projects.

2.      Require additional monetary deposit of 10% of the total reservation payment for each one-year extension requested by a developer.


These policy provisions provide developers additional time to advance their projects as well as protect City interests by preventing developers from inadvertently “tying-up” valuable wetland mitigation credits that could be otherwise utilized for other active development projects with more aggressive time frames for completion. 


Staff recommends that Council approve the resolution, allowing for up to (2) one-year extensions and instituting additional deposit requirements for projects that are not Developments of Regional Impact.     



Item 29 -        Resolution No. 09-4  - Revising Sale of Wetland Mitigation Credits to Centerline Homes for the Coquina Cove Project



On August 28, 2007, the City Council approved the initial sale of 42.8 State wetland mitigation credits to Centerline Homes in the amount of $1,624,500.  On December 11, 2007, the City Council approved a 1-year extension through December 27, 2008, at the current rate of $50,000 per credit, or $2,140,000.  Currently, the City maintains a reservation deposit in the amount of $214,000.


Recently, Centerline Homes modified its site plan design for Coquina Cove resulting in reduced overall impacts to the surrounding wetland areas.  With this modification, only 23.0 credits will now be needed instead of the original total of 42.8 credits.  Consequently, Centerline Homes has requested its reservation payment be revised to accept the purchase of 23.0 credits with the remaining 19.8 credits returned to the City’s mitigation bank ledger for future sale. Additionally, the developer has requested a one-year extension.


Staff recommends approval of the attached resolution allowing for a one-year extension and reducing the authorized sale of State wetland mitigation credits from 42.8 to 23.0 credits.  The current non-refundable deposit amount of $214,000 will remain on the City’s ledger and will be applied against the eventual purchase of credits.  The total cost of wetland mitigation credits shall be based on the per mitigation credit rate at the time in which the developer elects to make payment in full.


Staff recommends that Council approve the resolution, revising the authorized sale of State wetland mitigation credits from 42.8 to 23.0 credits, providing for a 1-year extension, and authorizing the Mayor and City Manager to sign documents on behalf of the City. 





Item 30 -        Resolution No. 09-5  - Traffic Enforcement Agreement with the Sanctuary on Spruce Creek Homeowners Association, Inc.


The City of Port Orange and the Sanctuary on Spruce Creek Homeowners Association entered into a Traffic Enforcement Agreement on September 26, 2006, and extended the term of the agreement to September 30, 2008.  The Association desires to renew the term of the Agreement for an additional two year period expiring on September 30, 2010.


Staff recommends that Council approve the attached resolution authorizing approval to renew the Traffic Enforcement Agreement with the Sanctuary on Spruce Creek Homeowners Association Inc. for an additional two years and authorizing the Mayor and City Manager to execute the agreement.


Item 31 -        Awarding of the Wrecker Service Contract


City Manager’s Comments:  At our last meeting in December, we received a bid protest from one of the bidders.  After reviewing the Ordinance, it was determined that the bid protest was not filed in a timely manner in accordance with the City’s Purchasing Procedures.  Attached is the letter that was sent to the bidders related to the protest. 


Let me encourage you to speak with Chief Monahan prior to Tuesday’s meeting concerning questions you might have related to the wrecker service bid.  We are not recommending the firm that provides the largest amount of revenue.  Staff has concerns about their ability to perform the service as well as meeting the specifications. 


Chief Monahan will be present on Tuesday night to answer your questions related to the Department’s review of each aspect of the qualifications of the bidders.  Bobbi Palmer will be present also to discuss the bidding process should there be any questions about the specifications and the bid itself.





Item 32 -        Comments/Concerns from Council Members


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