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 25, 2009


Date:               August 18, 2009



A.                 OPENING


Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call



B.                 SPECIAL REPORT


Item 4 -           Report from KemperSports Management


A representative of KemperSports will make a report to Council regarding the Golf Club at Cypress Head.




Item 5 -           Recognition of Donors for the Port Orange Fire-Rescue Community Sharps Disposal Program


Together, Port Orange Family Days Community Trust, Halifax Health Port Orange, and Port Orange Super WalMart have given $5,000 towards the establishment of a Community Sharps Disposal Program in order to offer residents a place to safely dispose of bio-hazard waste, such as used needles and syringes.  The program offers residents and visitors a site to be able to drop off filled sharps containers at any of Port Orange Fire & Rescue’s fire stations for disposal.  It also offers free replacement containers to Port Orange residents for in-home use.  A portion of the money will be used to cover the cost associated with safely disposing of the bio-hazardous waste, which was previously the responsibility of the individual using the containers.  As a result, the generosity of Port Orange Super WalMart, Halifax Health Port Orange, and Port Orange Family Days Community Trust will contribute to the cleanliness of the environment as well as the safety of individuals.


Staff recommends that Council recognize Super WalMart (represented by Lil Berard, Community Involvement Coordinator), Port Orange Family Days Community Trust (represented by Board Members Debbie Connors and Lil Berard), and Halifax Health Port Orange (represented by Salina Wang) for their financial support of the Community Sharps Disposal Program.





Item 6 -           Presentation on Floridians for Smart Growth – Jim Cameron and Rose Ann Tornatore


Jim Cameron and Rose Ann Tornatore have asked to be on the City Council Agenda to make a presentation related to Hometown Democracy.


Item 7 -           Discussion of Tree Carving at All Children’s Park


The Port Orange Family Days Community Trust has worked with a local artist to transform several of the large dead trees in All Children’s Park into art work.  Attached is a photo of one of the trees.  A representative of the Community Trust will update Council on this project at this time.


City Manager’s Comments:  The City Council will have to authorize the placement of the art in Spruce Creek Park. 


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

F.                 CONSENT AGENDA


Item 8 -           Project Managers’ Report


Attached is the Project Managers’ Report.  If you have questions, please contact any of the Project Managers or me.  Staff recommends acceptance of the report.


Item 9 -           Approve Additional Engineering Fees (QLHA) – Sleepy Hollow Drainage Improvements


In July, Quentin L. Hampton Associates presented Council and staff with a report on various options for drainage improvements in Sleepy Hollow.  After review, the decision was made to proceed with Alternate 1 which involves eliminating the existing ditch on the east and south sides of Sleepy Hollow with drainage pipe and a shallow swale on the east side.  In addition, a pond is now proposed on the south side.  The decisions made at this meeting changed the scope of the project; therefore, Quentin L. Hampton Associates have submitted a revised engineering fee proposal.  As shown on the attached, total estimated engineering fees for the design and permitting phase of this project is $44,211.  Funds are available in Account No. 412 1800 541 6397, Project No. DIP041.


Staff recommends approval of additional engineering fees to Quentin L. Hampton Associates, Inc., for the design and permitting phase of the Sleepy Hollow drainage improvements not to exceed $44,211.


City Manager’s Comments: Last week, the City had a preliminary wetlands study performed on the property between the existing FDOT retention pond and the properties located in Sleepy Hollow.  It appears that the wetlands located in this area may be significant enough to prevent the development of an additional retention area without the City incurring large mitigation cost.  Apparently, the wetlands are high quality wetlands.


Item 10 -        Approve Purchase of Mobile Storage Systems for New Police Department


The Port Orange Police Department is requesting the approval to purchase two Spacesaver high density mobile storage systems for the Evidence and Records Divisions of the new Police facility located at 4545 Clyde Morris Boulevard.  Patterson Pope, located at 4180 St. Johns Parkway, Sanford, Florida, has submitted a quote of $55,187 for the equipment, delivery, and installation of two manually operated mobile storage systems.  The Florida State Contract number is 420-420-07-1.  Funding source is Account No. 314-1000-580-6404, Machines and Equipment/Furniture and Fixtures.  Staff recommends that Council approve the purchase of two mobile storage systems for the new Police facility in the amount of $55,187 using a Florida State Contract vendor and pricing.


Item 11 -        Settlement Agreement on Coraci Park


The Settlement Agreement is intended to close out the contract with Saboungi Construction Company on Bid No. 08-07 for the construction of Coraci Sports Park and to resolve all outstanding claims among subcontractor, CrossRoad Site Development & Underground Utilities, Inc., the City of Port Orange, Saboungi Construction Co., and Halifax Paving, Inc.  Funding is in Account No. 611-5100-6397 - $87,723.75, Project No. QPC024; and Account No. 307-1000-63-97, $121,652.59, Project No. QPC024.


Staff recommends that Council approve the Settlement Agreement reached at mediation on August 3, 2009, and authorize the Mayor and City manager to execute any and all documents necessary to effectuate the Settlement Agreement.


G.                FINANCE


Item 12 -        Resolution No. 09-59 - City Council Review and Update of Debt Management Policy


The attached Resolution and Debt Management Policy have been revised in order to update bond rating information by reference to the City’s Annual Financial Comprehensive Report.  The purpose of this change is to minimize future changes and to accomplish our tri-annual review mentioned in the Debt Management Policy.  Staff recommends approval of the Resolution and Policy.




Item 13 -        Second ReadingOrdinance 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 (Continued to Date Certain of August 25, 2009)


It is my understanding that this item needs to be continued since we are still working on several issues related to signage.  Margaret will provide you with an update.  Since this is a second reading of the Ordinance, the City Council will need to take public comment.  Because of the delay in second reading, I recommend to the City Council that the item be tabled rather than continued if we do not have certainty on when the Ordinance will be ready for adoption.  Because of the delay in second reading, I recommend that the Ordinance be advertised again for second reading when it is ready to move forward.


Item 14 -        Second ReadingOrdinance No. 2009-15 – 13th Amendment to the Southwinds PUD Master Development Agreement


Staff recommends approval.


I.                     PUBLIC WORKS


Item 15 -        Resolution No. 09-60 - CPI Rate Adjustment – Veolia Environmental Services


The solid waste collection contract provides for an annual CPI rate adjustment to be applied October 1.  The rate adjustment is equal to seventy-five percent (75%) of the change in the cost of doing business as measured by fluctuations in the Consumer Price Index, Southeast Florida Urban Consumers, published by the U. S. Department of Labor, Bureau of Labor Statistics, for the preceding twelve (10) month contract period.  As shown on the rate sheets attached, the CPI rate adjustment to be applied this October is a negative 1.053%.  This rate adjustment is applied to the cost of collection only and the new rates will be effective October 1, 2009.


Staff recommends that Council approve the attached resolution granting a negative CPI rate adjustment to the cost of collection under the waste collection contract with Veolia Environmental Services.


J.                  ADMINISTRATION


Item 16 -        Dissolution of WAV


Attached is an email from Mary Swiderski related to WAV Board action.  The WAV Board voted to cease operations of WAV effective September 30, 2009.  In order to terminate the organization, the participating local governments must agree.  The WAV attorney has drafted suggested language that each local government would need to sign.  It is recommended that the City Manager be authorized to sign the termination letter.


K.                 COUNCIL COMMENTS


Item 17 -        Comments/Concerns from Council Members


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


Item 18 -        City Council Committee Reports


At this time, Council Members may report on various committees to which they have been assigned.