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

                        February 17, 2009


Date:               February 9, 2009




A.        OPENING


Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call




Item 4 -           General Employees Retirement System (1 Term to Expire 2/15/10)


One appointment needs to be made to the General Employees Defined Benefit Retirement Plan which must be filled by a public member appointed by the City Council.  The term expires on February 15, 2010.  Attached are applications from Ray Pinkley and Daniel Tran who have expressed an interest in serving on this Board and will be in attendance at the meeting on Tuesday evening.




City Manager’s Comments:  Both of these individuals are familiar with the City of Port Orange.  Ray Pinkley served for a number of years as a member of the Port Orange General Employees Pension Board.  Daniel Tran is a former employee who is now in business in the Financial Investment area. 



C.                SPECIAL REPORT


Item 5 -           Update on South Williamson – Gerald M. Brinton, Volusia County


Gerald Brinton from Volusia County will be in attendance to provide Council with an update on the South Williamson construction project.



D.                CITIZEN PARTICIPATION (Agenda)


Item 6 -           Request for the City to Co-Sponsor and Waive Fees for Family Days community Trust’s Two Events – Family Days and Kidz Dayz – and to Renew the Co-Sponsorship for Five Years for Both Events


Attached for your information is the contribution list of Family Days Community Trust as well as fees to be waived for the two events.  Also, staff is asking for a decision on continuing to allow jet skis in the lake for these two events and any other events requesting jet skis in the lake and to co-sponsor five movie nights to be held at the amphitheater.


Staff recommends that Council approve Port Orange Family Days Community Trust’s request for the City to co-sponsor and waive fees for their two events – Port Orange Family Days and Kidz Dayz and extend the sponsorship for five years to 2014, as well as sponsor five movie nights.


City Manager’s Comments:  For many years, the City of Port Orange has worked extensively with Port Orange Family Days in conducting special community-wide events.  During the last renewal, Family Days took on more responsibility for certain aspects of the event, relieving the City of some of the expenses.  As we look at renewing our relationship, it will be even more critical for them to take on additional responsibilities because we simply will not have the people to handle many of the functions that the City has previously provided. 


The residents have benefited from these two annual events.  We will continue to work with them to identify projects and ways that Family Days can assist the community with the funds raised through these two major activities at Port Orange City Center. 


The sound system improvements around the City Hall lake were made by Family Days as part of their contribution the last time we renewed this agreement.



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

F.                 CONSENT AGENDA


Item 7 -           Police Dry Cleaners Contract


A copy of the assignment is attached.  If you have any questions, please contact Margaret Roberts.  Staff recommends that Council approve assignment of contract for the Police Dry Cleaners Contract to Su-So, Inc., a Florida corporation d/b/a/ Corner Cleaners.


Item 8 -           Acceptance of Settlement in the Case of Wendy Calder vs. City of Port Orange


This accident arises out of a trip and fall which occurred on or about July 7, 2007.  On that date Plaintiff, Wendy Calder was boating with husband, sister-in-law and brother-in-law at Disappearing Island which is located south of the Port Orange Causeway in Port Orange, FL.  After boating the Plaintiff entered the public restrooms located at the boat ramp area at which time she slipped and fell suffering a fractured left wrist/hand.  Plaintiff denies consuming alcohol on the date of the incident. 


A copy of the settlement agreement is attached.  The agreement provides payment of $7,000.00 to Wendy Calder.  It is the City’s position that there is no liability as the accident was likely caused by the act of Plaintiff; 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 Margaret Roberts, City Attorney, a call.


Staff recommends that Council authorize the settlement of the Wendy Calder vs. City of Port Orange, Case No. 2008-30503-CICI pursuant to the terms set forth in the settlement agreement.


Item 9 -           Award Design Engineering Contract for the Center Section of Yorktowne Boulevard to Zev Cohen & Associates, Inc.


City Council previously approved the final ranking of the Selection Committee for Engineering Services for the design of the center section of Yorktowne Blvd. (from Hidden Lake Drive north to the south side of the B-19 Tributary No. 1 Canal) and authorized staff to negotiate with Zev Cohen & Associates, the number one ranked firm.  Zev Cohen & Associates has proposed to provide design services for a lump sum fee of $129,500, including engineering and environmental design and permitting, topographic survey, and geotechnical exploration costs, plus reimbursable expenses estimated at $10,000 that includes prints, mileage, postage, and permit application fees for a total of $139,500.  Staff recommends that Council award the Design Engineering Contract for the center section of Yorktowne Blvd. to the firm of Zev Cohen & Associates in the amount of $139,500.


Item 10 -        Approval of Changes to Solid Waste Collection Contract with Veolia ES Solid Waste Southeast, Inc.


For the past several months, staff, along with consulting group RCG Inc., has been in negotiations with Veolia ES Solid Waste Southeast Inc. in an effort to avoid sudden and/or substantial rate increases to our residents for collection services.  All parties have agreed to the following changes which will reduce the monthly rate Veolia is paid by the City:  eliminate monthly office rental, .09 cent reduction in rate; reduce bond requirement from 100% to 50%, .11 cent reduction in rate; eliminate liquidated damages (6 month trial basis), a .17 cent reduction in rate.  All total, this results in a .37 cent rate reduction.  Current rate is $22.53; with approved reduction, $22.16 per month.  This rate reduction will not change or reduce the monthly residential rate ($22.05 per household) charged to customers, but it does eliminate the immediate need to increase the rate.  Once approved, these changes will be effective February 1, 2009.  Staff recommends approval of changes to the Solid Waste Collection Contract (Bid No. B06-07) with Veolia ES Solid Waste Southeast Inc. effective February 1, 2009.


Item 11 -        Bid Award – All Children’s Park


Designs and bids have been evaluated and the ranking approved for All Children’s Park.  The number one ranked team was Austin Outdoor whose bid was $295,486.97.  Austin Outdoor was unanimously ranked as the number one team by each of the Selection Committee members and their final ranking was previously approved by Council.  Staff recommends that Council approve the bid received from Austin Outdoors, the number one team, for All Children’s Park in the amount of $295,486.97


Item 12 -        Change Order No. 1 – All Children’s Park


Austin Outdoor’s bid of $295,486.97 exceeded the current budget for this project.  Austin Outdoor has made several suggestions that the City can take upon themselves to assist with and that will allow them to realign their figures accordingly.  Some other suggestions were made that can be accomplished without interfering with the design (i.e., providing the fill dirt ourselves, etc.).  These changes are a deduction in the amount of $29,741.57.  This will bring the total for the first phase of this project in at $265,745.40.  Staff recommends that Council approve this deductive change order No. 1 in the total amount of $29,741.57 to Austin Outdoor for the All Children’s Park.  Funding for this service is found in Project QPC030 001-4400-572-6200.


City Manager’s Comments:  In order to get the project into the budget, it is essential that the contract be awarded first and then the change order be considered. 


Item 13-         Concurrency and Fair-Share Agreement for the National City Bank Site Plan


The proposed Fair Share Agreement has been prepared in conjunction with the site plan for the development of a 3,213 square foot National City Bank building located on the south side of Taylor Road, east of Summer Trees Road.  The traffic impact analysis (TIA) completed by Traffic Planning & Design, Inc., projects impacts to the I-95 interchange area and the Summer Trees Road extension upon completion of this project.  The $53,804.77 fair share mitigation payment will go toward the cost of improvements at those locations shown on Exhibit A-2 of the agreement.  The agreement has been executed by the property owner and is attached for review.


The site plan has been reviewed by staff and found to be in compliance with the City’s development requirements.  A Development Order will be issued upon City Council approval of the Fair-Share agreement and receipt of the fair-share mitigation payment.


Staff recommends that Council approve the Concurrency and Fair-Share Agreement for the National City Bank Site Plan.


Item 14 -        Bid Award – One (1) 30,000 GVWR Truck


Staff advertised for bids on a new or used 30,000 GVW Crew Cab Truck to be utilized by the drainage, road, grounds, and vehicle maintenance divisions.  This truck will have several uses and can serve as both a hauler for heavy equipment and vehicles, roll-off truck, and flatbed hauler.  Of the five bids received, only two were qualified and provided or met all bid specifications (see Bid Summary attached).  Of the two qualifying bids, A &C Land Development Inc. was low bid vendor with a quote of $79,500 for a 2008 Ford F750 Crew Cab.  This truck meets or exceeds all items in the bid specifications and is available for immediate delivery.  Funds are available in Account No. 50510005806400.  Staff recommends that Council approve the purchase of a Ford F750 Crew Cab (Bid No. B09-10) from low bid vendor A & C Land Development Inc. for a total cost not to exceed $79,500.


Item 15 -        Approval to “Piggyback” State, County, and Sheriff Department Contracts for Fleet Vehicle Purchases


Staff has reviewed vehicle needs for each department.  The Fleet Purchase Summary sheet attached provides a breakdown of each vehicle requested, those which have been deferred, user department, age of vehicle, and cost to maintain, mileage, and budget information.  Staff requests approval to “piggyback” various contracts, each listed on spread sheet next to vehicle to be purchased, in order to purchase the vehicles at the lowest cost possible.


Total cost for the fleet vehicles requested will not exceed $508,209.72; FY 2009 budget is $1,160,500 resulting in a surplus budget amount of $652,290.98.  Funds are available in the Fleet Finance Account No. 50510005806400.


Staff recommends Council approval to purchase the fleet vehicles as shown on the Fleet Purchase Summary Sheet for a total cost not to exceed $508,209.02.


City Manager’s Comments:  The Police vehicles that are being replaced are being replaced with vehicles that have higher mileage ratings.  One of the areas we emphasized this past year is ways to increase the vehicle mileage.  We have looked at vehicles that are needed to do the various jobs and functions and have attempted to make sure that the vehicle selected is the best vehicle for the job.


Item 16 -        Building Activity Report and Monthly Development Activity Report for December, 2008, and January, 2009


The attached Staff Reports include the Development Activity Report for January, 2009, and the Building Activity Report for December, 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 acceptance of the reports.





Item 17 -        Citizen Advisory Committee for MPO


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



H.                FINANCE


Item 18 -        Second Reading – Ordinance No. 2009-1 – Amending Chapter 54, Article VI, of the Code of Ordinances Entitled 2003 General Employees Retirement System


Staff recommends approval.



I.                    COMMUNITY DEVELOPMENT


Item 19 -        Second Reading – Ordinance No. 2009-2 – Amending Ordinance No. 2006-13 to Increase Appointed Membership in the SHIP Program


Staff recommends approval.


Item 20 -        First Reading – Ordinance No. 2009-3  - Water Supply Work Plan and Comprehensive Plan Amendments


On May 24, 2007, the Planning Commission recommended approval, 5-0 (Commissioners Lasky and Parker excused), to transmit the Water Supply Comprehensive Plan Amendments and Water Supply Work Plan to the Florida Department of Community Affairs (DCA) and other review agencies.  On June 19, 2007, the City Council approved the transmittal of the water supply plan amendments and work plan per Resolution No. 07-53.


Upon review of the City’s proposed amendments, DCA did not have any objections; however, they did have two recommendations that we have addressed. The delayed adoption was due to concerns the County raised through the Volusia Growth Management Commission (VGMC) process regarding the City’s Water Service Area. These concerns have now been resolved through our Water Planning Area Interlocal Agreement with the County. The City has now received VGMC certification and is ready to adopt the subject amendments and work plan.


Included are text amendments to the Future Land Use Element, Public Facilities Element, Coastal Zone Management Element, Conservation Element, Intergovernmental Coordination Element, and the Capital Improvements Element. If approved, the amendments will strengthen the link between land use and water supply planning and establish water supply as a concurrency requirement, as now required of all local governments by the State of Florida.  Pursuant to Chapter 163.3177(6)(c), F.S., the subject amendments do not count toward the limitation on the frequency of adoption of Comprehensive Plan amendments.


The adoption ordinance, the City’s formal response to DCA, DCA’s Objections, Recommendations and Comments (ORC) report, the VGMC Certification Letter, and a copy of the original staff report on the subject amendments are attached for your review.


Staff recommends that Council approve the attached ordinance amending the City’s Comprehensive Plan Update ‘98 for Case No. 07-20000005, and authorize staff to transmit the adopted water supply related amendments and water supply work plan to the State review agencies for final compliance review.


Second Reading:               March 17, 2009


Item 21 -        Resolution No. 09-14 - Volusia Growth Management Commission (VGMC) Revision to Consistency Certification Rules


The VGMC was created in 1986 by referendum for the purpose of determining whether comprehensive plan amendments are consistent with the plans of adjacent jurisdictions. The cities are concerned that the VGMC is exceeding the purpose for which it was created by:  (1) reviewing comprehensive plan amendments when no consistency dispute exists between local governmental entities;  (2)  not limiting its review to issues that deal with the consistency between the proposed comprehensive plan amendment and the adjacent local governments’ comprehensive plans;  (3) placing conditions on findings of consistency which amount to site planning criteria, such as building heights, densities and setbacks; (4) placing conditions on findings of consistency requiring future VGMC review of rezonings and other development orders, which is not within the purview of VGMC’s charter role;  and (5) granting party status to individuals who are not local governmental entities nor the property owners whom the amendment is directly applicable.


The attached resolution recommends that the Volusia County Council adopt the attached revised rules of procedure for the VGMC. This resolution will be on the February 23rd Volusia Council of Governments (VCOG) agenda.  VCOG is requesting that all cities adopt this resolution to show complete solidarity on this matter. 


On November 11, 2008, the Port Orange City Council discussed the VGMC process and it was the consensus of the Council that the VGMC is not a “super planning agency,” and must hold to its original purpose and that party status should be limited to affected local governments.


Staff recommends that Council approve the attached resolution recommending that the Volusia County Council adopt the revised VGMC Consistency Certification Rules, as recommended by VCOG.


Item 22 -        Subdivision Variance – Centerline Homes


This is a Subdivision Variance request to allow a minimum lot frontage of 20 feet in lieu of the required 35 feet for the proposed lots, subject to tapering the 18’ wide driveways to 14’ at the street frontage for all lots located on a curve.  If the requested variance is approved, Centerline Homes intends to develop 150 duplex lots as part of a new residential subdivision located on the south side of Town West Blvd., between Tomoka Farms Road and Royal Palm Subdivision.  The requested variance will only pertain to duplex lots developed within this subdivision.  Please see the attached memorandum for more information.


Planning Commission Recommendation:      The Planning Commission recommends approval 5-1 (Commissioner McMaster dissenting and Commissioner Lasky excused).


Staff Recommendation:   Staff recommends approval.



J.                  COUNCIL COMMENTS


Item 23 -        Comments/Concerns from Council Members


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