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 21, 2009


Date:               April 13, 2009




A.                 OPENING


Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call


B.                 SPECIAL REPORT


Item 4 -           Volunteers at ArtHaus


Recently, a group of volunteers from Embry Riddle assisted in painting the ArtHaus facility.  At this time, Laurie Ring from ArtHaus would like to introduce those who assisted in the project.



D.                CONSENT AGENDA


Item 5 -           “Piggyback” St. Johns County for Mast Arm Installation to Traffic Control Devices


Traffic Signal/Mast Arms must be installed in front of the new Fire Stations to provide for their emergency access per State law.  St. Johns County has an existing continuing traffic signal construction contract with Traffic Control Devices, Inc. (TCD) of Altamonte Springs.  All unit prices for the two signals, except for two items, which are minor, are included and meet and are consistent with the design plans prepared for the City’s two sites by Kimley-Horn Associates.  St. Johns County as well as TDC have given the City permission to utilize this contract if approved by the City Council.  Under this contract, TCD has listed the first traffic control device to be installed will be at Fire Station No. 72 on Spruce Creek Road and will cost $108,603.86.  The second one located at Fire Station No. 75 will cost $113,700.98.  Staff and Quentin L. Hampton Associates, Inc., with their sub-consultant, Traffic Data Solutions Inc. (Mr. Fred Ferrell, formerly of FDOT) have recommended that the Council approve and award this contract to Traffic Control Devices for a grand total of $222,304.84.  Funding for these items is budgeted in 314-1000-580-6300, Project CNE004 and CNE005 respectively.


Staff recommends that Council approve to “piggyback” Bid B08-03 for Mast Arm Installation from St. Johns County for the installation of two Mast Arms to Traffic Control Devices.  The first mast arm to be installed at Fire Station No. 73 will be in the amount of $108,603.86 and the other at Fire Station No. 75 in the amount of $113,700.98, for a grand total of $222,304.84.


City Manager’s Comments: One of the signals will be installed on Spruce Creek Road and the other on Town West Boulevard.  This will allow the signals to be installed faster.  This will allow our fire apparatus to enter the roadway safely as well as protect motorist.


Item 6 -           Engineering Fees – Design Phase of Sleepy Hollow Ditch – Quentin L. Hampton Associates, Inc.


Quentin L. Hampton Associates, Inc., submitted a proposal for engineering fees associated with the design phase of the Sleepy Hollow ditch improvements.  As shown on the attached, fees for the design phase will not exceed $44,516.  Plans involve piping the ditch located between Sleepy Hollow and Woodlake and installing ten inlets.  Funds are available in Account No. 412 1800 541 6397, Project DIP014.


Staff recommends approval to have Quentin L. Hampton Associates, Inc., proceed with the design phase of the Sleepy Hollow ditch improvements for a total cost not to exceed $44,516.


Item 7 -           Building Activity Report and Monthly Development Activity Report for February and March, 2009


The attached Staff Reports include the Development Activity Report for March, 2009, and the Building Activity Report for February, 2009.  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 February and March, 2009.


Item 8 -           Request for Halifax Sport Fishing Club Annual Tournament


Attached is the request from the Halifax Sports Fishing Club to hold their annual tournament on May 2.  This is the 21st year that Halifax Sport Fishing Club has held this event on the Port Orange causeway.





Item 9 -           Citizen Advisory Committee for MPO Report


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



F.                 FINANCE


Item 10 -        Resolution No. 09-27 - Budget Appropriations


The City Staff has completed a review of the Fiscal Year 2009 Budget Execution through February, 2009.  The attached budget resolution provides for the recognition of the budget changes recommended from this review.  Staff recommends approval.




Item 11 -        First Reading – Ordinance No. 2009-9  - Amending Chapter 15, Section 8(e) of the Land Development Code Relating to Establishing Parameters for the Reconstruction of Non-Conforming, Off-Site Signs following a Catastrophe


This is a request to amend the Land Development Code.  The purpose of the amendment is to establish parameters for the reconstruction of non-conforming, off-site signs following a catastrophe, pursuant to Section 70.20, Florida Statutes.


Planning Commission Recommendation:  The Planning Commission recommended 7-0 (unanimous) to approve the proposed amendments to Chapter 15, Section 8(e) of the Land Development Code. A copy of the staff report, along with F.S. 70.20 and the draft ordinance, are attached for reference.


Staff Recommendation:  Staff recommends approving the attached ordinance amending Chapter 15 of the Land Development Code, as recommended by the Planning Commission.


Second Reading:   May 19, 2009           


Item 12 -        Resolution No. 09-28  - Extension and Modification of Agreement between the City of Port Orange and Mid Florida Housing Partnership, Inc., for Services Related to SHIP Program Client File Processing


The agreement between the City and Mid Florida Housing Partnership, Inc. (MFHP) for services related to SHIP Program expired on March 31, 2009. 


Staff recommends that an extension of this agreement be executed from April 1, 2009 to June 30, 2009.  This short-term extension allows the City to align the agreement with the state’s fiscal year, permitting both the City and MFHP to more appropriately report on expected outcomes according to SHIP program years.  The attached acknowledgement, signed by MFHP indicates their willingness to extend their current agreement with the City from April 1, 2009 to June 30, 2009. 


Upon expiration of this extension, the City will publish a request for quotes that appropriately complies with SHIP statute requiring a sponsor selection process.


Staff recommends that Council approve the attached resolution authorizing an extension and modification of Agreement between the City of Port Orange and Mid Florida Housing Partnership, Inc. in the amount of $3,750.00.


Item 13 -        Approving the Release of Phased Improvements Agreement for Our Savior’s Evangelical Lutheran Church


Our Savior’s Lutheran Evangelical Church, located at 1715 Taylor Road, requests to be released from the phasing agreement it entered into with the City in 2007. Since signing the agreement, the church has been able to demonstrate to staff that they have obtained sufficient funding to complete the improvements in a timely manner without the need for phasing. Therefore, the phasing agreement is no longer needed for the development of this property.


The church has begun construction of a 7,583 SF sanctuary/fellowship hall along with the associated site improvements and estimates the project being completed within the next two months.


Staff recommends approval of the attached Release of Phased Improvements Agreement.


Item 14 -        Proposed Public Improvements Agreement – Dollar General – 5420 South Ridgewood Avenue


Dollar General has provided a Public Improvements Agreement for off-site public road improvements to Niver Street and Dubois Avenue including paving, drainage, and associated facilities. The agreement requires that this work is completed within one year from the Development Permit issuance and that a one-year maintenance bond for that work will be provided with the completion and final acceptance of the Dollar General development.


Approval of the Public Improvements Agreement is conditioned upon the recording of the document after ownership is conveyed to the developer (D’Argent Properties, LLC). Staff must receive proof of recordation prior to 90 days from the April 21, 2009 City Council meeting.


Staff recommends that Council approve the Public Improvements Agreement for Dollar General, subject to conditions outlined below.


Item 15 -        Concurrency and Fair Share Agreement for the Summer Trees Plaza, Site “B”


The proposed Fair Share Agreement has been prepared in conjunction with the site plan for the development of a 7,588 square foot multi-tenant 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 $16,700.54 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 Summer Trees Plaza – Site “B” Site Plan.



H.                 ADMINISTRATION


Item 16 -        IAFF Commander’s Contract


The City Manager:


1.                  City negotiated in good faith with the Commanders;

2.                  The City Manager reached a tentative agreement with them which included changes in the pension plan that the rank and file unit tentatively agreed to as well with the understanding that the Retirement Article had to be the same for both units;

3.                  The IAFF unit representing the firefighters did not agree to the pension changes that had been agreed to by the Commanders; and

4.                  The City Manager was advised by the City’s pension attorney that the two groups cannot be legally treated separately under the plan; therefore, he has no choice but to recommend against ratification at this time.


Options available to the City Council:


1.                  Approve the contract as presented.

2.                  Table the contract until such time as an agreement is reached with the other bargaining unit and then make a decision related to the Commander’s contract.  The City needs to be negotiating the retirement article at the same time in order to have consistent language.

3.                  Reject the contract as presented since the language in the two contracts related to the pension article must be the same.


City Manager’s Comments:  Both management and the union negotiated in good faith to reach agreement.  However, the retirement issue must be resolved by both bargaining units and must be the same.  There is an alternative approach that would give the City Council the ability to change the retirement article without having to impact bargain the changes or making the retirement changes subject to amending the contract.  Therefore, I must recommend rejection of the contract and negotiate the retirement changes consistent with the other bargaining unit.


I.                     COUNCIL COMMENTS


Item 17 -        Comments/Concerns from Council Members


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