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

                        August 4, 2009


Date:               July 27, 2009




A.                 OPENING


Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call



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

C.                PUBLIC HEARING


Item 4 -           Resolution No. 09-50 - Five Year Capital Improvement Program


The Five Year Capital Improvement Program (CIP) is a spending plan for capital projects for FY2010 through FY2015.  This plan is reviewed and adopted each year and the FY2010 projects will become part of the proposed FY2010 Capital Budget.  Staff recommends approval.


D.                CONSENT AGENDA


Item 5 -           Approval of Minutes


Attached are the minutes of the following meetings:


                        June 18, 2009 – Special City Council Meeting

                        June 23, 2009 – Special City Council Meeting


Staff recommends approval.


Item 6 -           Update on Construction Projects


Attached is the Update on Construction Projects.  If you have questions, please contact any of the Project Managers or me.


Item 7 -           Update on Recreational Facilities


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


Item 8 -           City Attorney’s Report


Attached is the City Attorney’s Report.  If you have questions, please contact Margaret Roberts.


Item 9 -           Road Construction Report


Attached is the Road Construction Report.  If you have questions, please contact either Warren Pike or me.


Item 10 -        Final (Deductive) Change Order with Volusia County for Williamson Boulevard Phase I Related to the Joint Project Agreement with the City of Port Orange


The County of Volusia through a contract with Masci Construction over the past two years completed the construction of Williamson Boulevard, Phase I, a Joint City–County Project and also a Taylor Road Widening Project which was added sometime later.  By our City following through on this joint project agreement and these two roadway projects with the County, significant construction dollars and administrative costs have been saved.


This joint effort between the City and County over the past 2 years to widen both roadways has helped to improve traffic flow on Williamson Boulevard north of the Moody Bridge and along Taylor Road to the west. The County’s roadway plans consisted of constructing these roadways with storm water treatment systems and a joint use retention pond shared between the City and the County, as well as all related utility relocations.  Construction is now substantially complete. The County’s construction management staff worked quite effectively with City Staff and our engineering consultant team to add and delete work as required during the entire duration of the project.  The project team has now determined and is in agreement on final unit quantities such that this Final Deductive Change Order No. 2 can now be approved.  Your approval of this final deductive change order for a minimum amount of $250,000 to the County of Volusia is hereby requested at this time.


Staff recommends that Council approve the Final (Deductive) Change Order No. 2 to the County Project No. 4740-1 by the County of Volusia with Masco Corporation for the Joint Project Agreement between the City of Port Orange and the County of Volusia for Williamson Boulevard Phase I (Utility Improvements) for a minimum deductive amount of $250,000 and to authorize the Mayor and City Manager to execute the associated contract documents as necessary. 


Item 11 -        Approval of SHIP Program Utility Hook-Up Assistance for Andrew Carn, Jr.


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.  Mr. Andrew Carn has been determined eligible to receive assistance through the City’s Utility Hook-Up Program.  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 $4,000 and acceptance of a mortgage and promissory note for the costs associated with connection to the City’s Water and Sewer.


Item 12 -        Extension of the Term of the 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 the SHIP Program expired on June 30, 2009. 


Staff had intended to publish a request for quotes that appropriately complied with SHIP statute requiring a sponsor selection process.  However, as a result of elimination of the SHIP program allocation for Fiscal Year 2009-2010, the City will not require a new agreement for comprehensive sponsor service provision for Fiscal Year 2009-2010.  All required application processing can be accommodated by current staff.


Staff recommends that an extension of the term of this agreement be executed from July 1, 2009, to December 31, 2009.  This term extension will permit MFHP to continue to screen potentially eligible applicants for the City’s SHIP assistance strategies and allow MFHP to be of additional assistance as the City begins its administration and implementation of the Homeownership Opportunity Program.


Staff recommends that Council approve an extension of the term of the Agreement between the City of Port Orange and Mid Florida Housing Partnership, Inc., until December 31, 2009.


Item 13 -        Approval of Contract with Dredging & Marine Consultants, LLC, for Engineering, Permitting, and Construction Administration for City of Port Orange Waterway and Shoreline Protection (B-23 Canal)


On June 23, 2009, the City Council authorized staff to negotiate a contract with DMC for engineering consulting services related to the B-23 Canal project.  The attached contract sets forth the complete scope of services, including preliminary design and cost estimating, as well as standard terms and conditions.  Because there have been a variety of design and construction options recommended, staff believes it is in the City’s best interest to authorize preliminary design services in order to vet the options, determine feasibility and cost, seek residential input, and make a final recommendation to the City Council.  The method of design and construction desired will dictate the fee for full consultant to complete final design.  Once the City Council adopts the preferred method, staff would bring the fee proposal for final design back for authorization.  Data collected during the preliminary design will be utilized during final design as well.


Funds are available in Account No. 412-1800-541-63-97 DIP042.  Staff recommends approval of the contract and authorization to proceed with preliminary design in the amount of $16,360.


Staff recommends that Council approve the contract with Dredging & Marine Consultants, LLC (DMC) for engineering, permitting, and construction administration consulting services for City of Port Orange waterway and shoreline protection (B-23 Canal) and authorize the Mayor and City Manager to execute all necessary documents.



E.                 TABLED ITEMS


Item 14 – Second Reading – Ordinance No. 2009-4 – Repeal Ordinance No. 2008-19 Small Scale Future Land Use Amendment – Summit Golf Center (Tabled 4/28/09; re-tabled 7/28/09)


We recommend that this item remain on the table.





Item 15 -        Resolution No. 09-51 - Amendment to FY 2009-2012 Three Year SHIP Local Housing Assistance Plan


On November 11, 2008 the City of Port Orange adopted the three-year Local Housing Assistance Plan for use of SHIP funding for Fiscal Years 2009-10, 2010-11 and 2011-12. 


As a result of new state legislation, the City of Port Orange will receive an additional allocation of funding based on formula calculations for the SHIP program.  This special funding is entitled Florida Homebuyer Opportunity Program and requires that an additional separate strategy be outlined within the City’s Local Housing Assistance Plan.  This new strategy has been pre-approved by the state SHIP Review Committee but still requires official approval by Resolution.


In addition, clarifying language was approved through Senate Bill 360 that modifies the definition of eligible housing to include mobile homes and manufactured housing.  Florida Housing Finance Corporation recommends that SHIP entitlement communities technically revise their existing Local Housing Assistance Plans to include this new definition of eligible housing before funding can be expended for this purpose. 


Staff recommends that Council approve the attached resolution authorizing the amendment to FY 2009-2012 three-year SHIP Local Housing Assistance Plan



Item 16 -        Historic Tree Removal Request – Residential Property – 3908 Oak Crest Circle, Countryside Subdivision


This is a request from the property owners, Hans and Brigitte Werner, to remove one historic Live Oak tree pursuant to Chapter 9, Article II, Section 16.5 of the Port Orange LDC. The tree is 44 inches in diameter and is located in the side yard adjacent to the principle structure.  The Werners would like approval to remove this tree to avoid incurring additional property damage to their home.


As evidenced by the accompanying photographs, the tree is located a mere 4 ˝ feet from the exterior wall of the house.  The roots of the tree are interfering with the house foundation.  Cracks have developed in the concrete slab and exterior wall of the garage.  Future growth of the tree will result in further damage to the structure.  The heavy limbs of the tree overhanging the roof equally disturb the homeowners. 


In addition to the existing damage to the home, staff has identified a structural defect in the tree approximately five feet from ground level where the tree splits into three trunks.  The tree clearly presents a hazard to the Werner’s house and is a potential threat to the neighboring house at 3906 Oak Crest Circle.


Pursuant to Chapter 9, Article II, Section 16.5, historic trees on single-family lots that are approved for removal by City Council shall be replaced whenever the proposed removal will result in less trees than required for single-family residences as outlined in Section 5.5, Chapter 13. Based on the foregoing criteria, the property will need one replacement shade tree. 


Staff recommends approval of the historic tree removal request.  If approved, a tree removal permit will be issued with a condition that one replacement shade tree be installed to meet requirements of Chapter 9, Article II, Section 16.5 and Chapter 13, Section 5.5.



G.                PUBLIC UTILITIES


Item 17 -        Resolution No. 09-52 - Sale of 0.6 State Wetland Mitigation Bank Credits to the County of Volusia for Taylor Road Widening Project No. 5518



The County of Volusia has requested a purchase of 0.6 State wetland mitigation credits for the widening of Taylor Road between Forest Preserve Blvd. and Summer Trees Road.  The credits are required to mitigate wetland impacts associated with the widening construction of 1.019 miles of roadway.


The County has agreed to the terms of the Reservation Agreement for the purchase of mitigation credits in the amount of $30,000 per existing City policies. The City has sufficient credits available to sell to the County for this project. 


Staff recommends approval of the resolution and reservation agreement for the sale of 0.6 State mitigation credits to the County of Volusia.  Upon execution of the agreement and payment received in full, the City shall take formal action to officially record the sale in its mitigation bank ledger and notify the St. Johns River Water Management District of this project allocation.


Staff recommends that Council approve the attached Resolution and Reservation Agreement for the sale of 0.6 State wetland mitigation bank credits from the Port Orange Mitigation Bank in the total amount of $30,000 and authorize the Mayor and City Manager to sign documents on behalf of the City.



H.                 ADMINISTRATION


Item 18 -        Resolution No. 09-53 - U. S. EPA Water Infrastructure Sustainability Grant Application for Halifax Canal Stormwater Design


Researching recent American Recovery and Reinvestment Act funding opportunities, staff identified this very competitive grant program.  The PHPWIS program seeks new and innovative research applications that link opportunities to advance public health protection with improvements in the condition and function of the water infrastructure, including stormwater, and projects that demonstrate an integrated, multi-disciplinary approach that lead to advances in design, operation, and management.


The City’s intent is to seek design funds to capture stormwater from the Halifax Canal and utilize it as a resource.  The resource will be diverted to the 175-acre Western Storage Lake instead of the Wastewater Plant.  Benefits include adopting “green” infrastructure practices, utilizing the resource to recharge the aquifer, reclaimed water irrigation, and expanding our research knowledge on how to, in the future, convert stormwater into potable water.  Additionally, benefits are flood protection and water quality treatment.


The program supplies 100% of the project funds.  Accordingly, there is no match requirement.  The City seeks $600,000 from U.S EPA’s Advancing Public Heath Protection through Water Infrastructure Sustainability Grant program.


Staff recommends that Council approve the attached resolution authorizing the Mayor and City Manager to submit a U.S. Dept. of Environmental Protection Agency, Advancing Public Heath Protection through Water Infrastructure Sustainability (PHPWIS) Grant application and execute any agreements.


Item 19 -        Resolution No. 09-54 – Supporting Legislation to Require All Elected Officials to Operate Under the Same Sunshine Laws


The City of Winter Springs has adopted a resolution asking that all cities across Florida support legislation to require all elected officials to operate under the same Sunshine Laws.  Attached is the proposed resolution as prepared by our City Attorney.  If adopted, a copy of the resolution will be provided to the Governor and our local legislative delegation as well as the Florida League of Cities.


Staff recommends that Council approve the attached resolution.


Item 20 -        Resolution No. 09-55 – Utility Billing Exemption Pertaining to Uninhabitable Structures that Resulted From the July 24, 2009, Tornado


Several homes in the Laurelwood and Lighthouse Pointe Mobile Home Parks have been deemed uninhabitable by the Chief Building Official.  Staff requests that City Council determine whether to provide utility billing relief for the uninhabitable structures that will not be utilizing water or other utilities.


Staff recommends providing utility billing exemptions for homes that are uninhabitable resulting from the July 24, 2009 tornado.  This Resolution has a sunset provision of January 1, 2010.



I.                     COUNCIL COMMENTS


Item 21 -        Comments/Concerns from Council Members


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