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

                        December 8, 2009


Date:               November 30, 2009



A.                 OPENING


Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call




Item 4 -           Recognition of Donors for the Port Orange Fire-Rescue Community Sharps Disposal Program


Together, State Farm and their agents have given $500 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 of the generosity of State Farm and their agents, this will contribute to the cleanliness of the environment as well as the safety of individuals.  Staff would like Council to recognize State Farm and their local agents, Jose Castillon, Bill McCabe, John Long, Jeff Evans, and Carolyn Tucker, for their financial support for the Community Sharps Disposal Program.



C.                SPECIAL REPORT


Item 5 -           Discussion – Federal Ground Water Rule (GWR)


The Florida Department of Environmental Protection has recently conducted public workshops regarding the Federal Ground Water Rule (GWR), and provided guidance documents to help public water systems implement requirements for compliance associated with the new regulations, effective December 1, 2009. 


The primary goal of the GWR is to provide increased public health protection for consumers of water from public water systems that use ground water. A key aspect of the GWR is to identify public ground water sources that are susceptible to fecal contamination.  The rule is also intended to ensure the water system provider take corrective action to eliminate the source of contamination.


The Public Utilities department will provide a presentation summarizing the requirements of the new rule and explain the significant procedural impacts as it pertains to daily operations and communications through public notification.


City Manager’s Comments:  There are changes occurring related to Ground Water Rules. The purpose of the presentation is to provide information to the City Council and the public related to the changes and how it potentially impacts the community.  



D.                CITIZEN PARTICIPATION (Agenda)


Item 6 -           Free Tax Preparation Program (VITA) – Mike Miller


Mike Miller of the Campaign for Working Families and VITA Site Coordinator will make a presentation to Council regarding the free tax preparation service provided for Volusia and Flagler residents.



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

F.                 CONSENT AGENDA


Item 7 -           Audit Services – Final Ranking and Award of Audit Services Contract


A re-bid for Audit Services was conducted with a new Selection Committee performing the evaluation and final ranking.  Seven submittals were received, which were short listed down to four for oral presentations.  Upon conclusion of the orals, the Committee formulated their final ranking.  That ranking is as follows:


1.                  Brent Millikan & Company

2.                  Hoyman Dobson

3.                  James Moore & Company

4.                  McDirmitt Davis


Funding for this service is budgeted in the 401, 410, 412, and 001 funds.


Staff recommends that Council approve this ranking and that they further approve the engagement letter submitted by Brent Millikan & Company for this service of $48,000 for FY2009; $50,000 for FY2010; and $52,000 for FY2011.


Item 8 -           Bid Award – Concession Stand at Coraci Sports Park


Nine bids were received for the above-referenced project.  The lowest bid, which was received from Advanced Commercial Contractors in the amount of $214,919, was incomplete in its paperwork, leaving staff unable to evaluate them and their subs.  Additional time was afforded the contractor to submit the documents; however, the submittals were not received in the time allotted.  Therefore, staff deemed the bid as non-responsive.  The second lowest bid was received from Misiano Construction Company from New Smyrna Beach in the amount of $250,000.  All paperwork was submitted and was in order.  References were checked and results came back satisfactorily.  Staff recommends that Council award the bid for the concession stand at Coraci Sports Park to Misiano Construction Company for their bid as was submitted in the amount of $250,000.


City Manager’s Comments:  The lower bidder has submitted a protest.  A protest hearing has been scheduled.  I may ask the City Council to pull this item from consent in order to deal with the protest issue on December 8.



Item 9 -           Joint Participation Agreement with Volusia County for the Hazard Mitigation Grant Program (HMGP) – Spruce Creek Road Drainage Improvements Phase II Project


In 2007, the City, in partnership with Volusia County, administered an HMGP grant to design the drainage improvements.  That Phase I project is complete and the permits have been approved.  Because Spruce Creek Road is a county road, as such, Volusia County was the grant recipient.  A second HMGP grant for the construction of the improvements was applied for and received.


The attached agreement identifies the responsibilities of both Port Orange and the County, including the 25 % match requirement which is split between the two partners.  The City commits to a 12.5 % ($33,938.50) match of the total project costs. 


Staff recommends that Council approve the Joint Participation Agreement between the City of Port Orange and Volusia County for the construction of drainage improvements on Spruce Creek Road and to authorize the Mayor and City Manager to execute the Agreement and provide a match.


Item 10 -        Appointment of Fifth Member to the Municipal Fire Pension Board


The Fire Pension Board has elected Frank Sheridan as the fifth member of the Fire Pension Board.  The Pension Board is seeking Council approval of the appointment of Frank Sheridan to the Fire Pension Board for a two-year term which will expire on December 31, 2012.


City Manager’s Comments:  The Pension Board has the responsibility to make a recommendation to the City Council on the fifth member of the Pension Board.  The options open to the City Council are:  accept the recommendation of the Pension Board or reject the recommendation to the Pension Board.  If the City Council rejects the recommendation of the Pension Board, it goes back to the Board to consider other potential nominees.  There is nothing in State Law that would prevent the Board from resubmitting the same name to the City Council again. 


With that said, Frank Sheridan has served the Fire Pension Board well over the years.  He has served as the Chair of the Board.  In my dealings with him, Frank has always looked at what is best for the Fire Pension System, not what is necessarily best for each individual member of the system.  Frank is a retired Port Orange Firefighter.



Item 11 -        Authorization to Execute SHIP Program Down Payment Assistance Loan for Ms. Mary Fowler


Mary Fowler has been determined eligible for assistance by the City of Port Orange. In addition to determination of eligibility, Mary has attended classes on credit counseling and home ownership, as well as met all State regulations for assistance.


Ms. Fowler was a victim of the July 2009 tornado.  Her home was destroyed and the insurance settlement issued by her homeowner’s insurance company was in an amount slightly more than the payoff of the mortgage on the home that was destroyed.  This left Ms. Fowler with extremely limited financial resources to purchase a replacement home. The City will use funds in this transaction to assist Ms. Fowler with the purchase of a new mobile home to be placed on her existing lot.


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 $60,000 and acceptance of second mortgage and promissory note for the purchase of real property.


Item 12 -        “Piggyback” of Clay County BidMusco Lighting – Coraci Phase II


Musco Lighting was installed at Coraci Sports Park Phase I.  In keeping with the same lighting throughout for both standardization and aesthetic reasons, Musco Lighting is requested for the Phase II fields.  Clay County has a Bid No. 08/09-3 for “Various Equipment and Amenities for Parks and Playgrounds” of which the lighting portion was awarded to Musco Lighting.  Staff is requesting to “piggyback” this bid for the Phase II lighting.  The quotation for these lights using this bid will cost $169,000 without the electrical installation.  Staff recommends that Council approve this piggyback and award the lighting to Musco Lighting in the amount of $169,000.


City Manager’s Comments:  This is the third field at Coraci.  The City Council awarded a contract to Musco for the other two fields.  It is the recommendation of staff that all fields have compatible lighting for ease of maintenance.


Item 13 -        Building Activity Report and Monthly Development Activity Report for October and November, 2009


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



Item 14 -        Confirmation of Youth Advisory Board Member


There are two vacancies for Silver Sands Middle School students on the Youth Advisory Board.  Jonathan Montes de Oca, 8th grade, has made application to serve on the Board.  Mr. Montes de Oca meets the qualifications and staff recommends his appointment to the Board.  


Staff recommends that Council confirm Jonathan Montes de Oca as a Youth Advisory Board Member for 2009-2010.


Item 15 -        SAFER Grant Application


Attached is a request from the Fire and Rescue Department for Council to approve a submittal to the United States Fire Administration for a SAFER Grant which will provide funding for six firefighter positions.  Staff recommends approval.


City Manager’s Comments: During the last budget process, the City Council reduced the number of fire positions by 4.  This a Federal competitive grant.  The grant would pay for the salaries and equipment for the new firefighters.  We are proposing to submit the grant application to the United States Fire Administration with the understanding that if at the end of two years that local funding is not available, then the City is under no obligation to continue the funding of the personnel.  Over the next two years, we have a number of firefighters who are in drop.  This would give us the opportunity to have experienced personnel on board as these individuals retire from active fire service.



G.                TABLED ITEMS


Item 16 -        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; re-tabled 10/6/09)


Staff recommends that this item remain on the table.





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.



I.                     FINANCE


Item 18 -        Resolution No. 09-105 - Budget Appropriations


This Resolution appropriates funds for the Coraci Park improvements.    





Item 19 -        Second Reading – Ordinance No. 2009-25 – Rezoning and Approving a Master Development Agreement and Conceptual Development Plan – Intracoastal Oasis Marina PCD


Staff recommends approval.


Item 20 -        First Reading – Ordinance No. 2009-27 - Approving the 14th Amendment  to the Southwinds PUD Master Development and Conceptual Development Plan


This is a request to adopt the 14th Amendment to the Southwinds PUD Master Development Agreement and Conceptual Development Plan.


Planning Commission Recommendation:  The Planning Commission recommended approval at the November 19th, 2009 regular meeting, 6-0 (Commissioners Parker excused), of the 14th Amendment for the Southwinds PUD Master Development Agreement and Conceptual Development Plan, subject to the following condition:


1.      City Council approval of the four policy considerations defined in the attached staff report.


If the 14th Amendment is approved, it will provide the regulatory framework for the development and establish the permitted uses for a portion of the subject property fronting on Clyde Morris Blvd. Please see the attached staff report for more information regarding the proposed amendment and the four policy considerations. 


Staff Recommendation:   Staff recommends approval.


Second Reading:               January 19, 2010



Item 21 -        Conditional Use Permit – Spruce Creek Partners, LLC, Owner/Applicant – RV & Boat Storage in the Light Industrial “LI” Zoning District


This is a request to approve the Conditional Use Permit request to allow the continuation of an existing RV and boat storage in the “LI” zoning district until December 8, 2012.


Planning Commission Recommendation:  The Planning Commission recommended approval, 5-1 (Commissioner Parker excused and Commissioner McMaster dissenting), of a Conditional Use Permit to allow the continuation of an existing RV and boat storage at 4465 Spruce Creek Road until December 8, 2012.  Please see the attached staff report for more information.


The applicant has also requested that the application fee be refunded. The City’s application fee for a Conditional Use Permit is $450 plus the actual cost of legal advertising. The cost for staff’s review and processing of this application was calculated at $719.00. A waiver of fees is at the sole discretion of the Council; therefore, there is no recommendation from the Planning Commission and Staff for the fee waiver.


Staff Recommendation:   Staff recommends approval.


Item 22 -        Accept the 2009 Concurrency Management Report


This is a request to accept the 2009 Concurrency Management Report as presented by Staff.  As indicated in the report, the City’s position with respect to concurrency is at sufficient levels for FY 09/10.


  • Traffic:           Traffic volumes within the City have increased on some segments and decreased on other segments over the past year.  Roads on the west side of I-95 likely will experience the most traffic growth in the near future.  Road improvements recently completed and under construction are increasing capacities in this part of the City.  Further improvements will be needed over the next several years to support anticipated development.
  • Sanitary Sewer and Potable Water:      These systems continue to have capacity to support additional growth within the City; however, the LOS for potable water must be monitored to ensure that permitted ground water withdrawal capacity per the Consumptive Use Permit (CUP) issued to the City by St. Johns River Water Management District (SJRWMD) is not exceeded.
  • Stormwater Drainage:      The City continues to implement and design drainage improvements, especially at the southern end of Spruce Creek Road and the Nova/Halifax Canal, to improve the overall stormwater drainage system.
  • Solid Waste:            Generation rates are within the adopted LOS standard as part of a trend of decreasing waste over the last several years.
  • Recreation and Open Space:     The service standards are being met consistent with the new standards adopted in 2008.
  • Public Schools:      Horizon Elementary School and Silver Sands Middle School currently exceed the level of service (LOS) standards; however, Silver Sands will meet the LOS standards by 2010, which is consistent with school concurrency requirements; however, Horizon has been identified as a backlogged facility and has until July 1, 2012, to meet the LOS standard for elementary schools.  The School District adjusted the school attendance boundary to address the LOS at Horizon.


Planning Commission Recommendation: The Planning Commission recommended 6-0 (Commissioner Parker excused) to accept the 2009 Concurrency Management Report.


Staff Recommendation:   Staff recommends that Council accept the 2009 Concurrency Management Report.


Item 23 -        Technical Appeal for Work Without a Permit Penalty Fee – Teovar Bidula218 Windsor Drive


The Building Division issued a stop work order for 281 Windsor Drive after City Inspectors determined that the carport of the building/structure was being enclosed and no permit had been obtained. A stop work order was issued and posted on the property. The applicant subsequently obtained a permit for the work and paid the applicable permit fee as well as the $500 penalty fee for work commenced without a permit. The applicant has appealed the penalty fee indicating that he was not aware a permit was required for the work. 


Construction Regulation Board Action:  On November 18, 2009, the Construction Regulation Board voted unanimously 5-0 to uphold the Building Official’s determination that work was commenced prior to the issuance of a permit and upholds the $500 penalty fee imposed but recommends the Council consider reducing the $500 penalty fee for work without a permit.


Staff Recommendation:   Staff recommends that Council uphold the Building Official’s determination that work was commenced at 281 Windsor Drive prior to the issuance of a permit and consider reducing the penalty fee, as recommended by the Construction Regulation Board.



Item 24 -        Appeal of Planning Commission Decision – Patricia Williams


Patricia Williams, owner/applicant, requested an after-the-fact variance from LDC Chapter 9, Article III, Section 27(b), pertaining to the dimensional requirements for a dock at 4134 Halifax Dr. The request was to allow the dock – constructed wider than allowed by Code and contrary to the building permit – to remain at its five-foot width, in lieu of the four-foot width allowed by Code.


Planning Commission Recommendation:  At its November 19, 2009 meeting, the Commission denied the variance request. The motion to approve failed, 2-4, with Commissioners Arminio, Barker, Green, and McMasters voting no (Commissioner Parker excused).


Ms. Williams is appealing the Planning Commission’s decision of denial pursuant to LDC Chapter 19, section 1(f)(2). The applicant’s letter of appeal, staff update memo, and staff report are attached.



K.                 PUBLIC WORKS


Item 25 -        Second Reading- Ordinance No. 2009-26 – Releasing Beckman Paving, Inc., from Roll-Off Franchise Agreement


Staff recommends approval.



L.                  PUBLIC UTILITIES


Item 26 -        Resolution No. 09-106 - Sale of 2.0 State Wetland Mitigation Bank Credits to the County of Volusia for Pioneer Trail at Turnbull Bay Road Intersection Improvements Project No. 5011


The County of Volusia has requested purchase of 2.0 State wetland mitigation credits for the purpose of curve re-alignment and intersection improvements at Pioneer Trail and Turnbull Bay Road. The credits are required to mitigate wetland impacts associated with the planned safety related improvements at the intersection. 


Per their action on November 19, 2009, the Volusia County Council agreed to the terms of the Reservation Agreement for the purchase of mitigation credits in the amount of $100,000 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 2.0 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 2.0 State wetland mitigation bank credits from the Port Orange Mitigation Bank in the total amount of $100,000 and authorize the Mayor and City Manager to sign documents on behalf of the City.



M.                PUBLIC SAFETY


Item 27 -        Resolution No. 09-107 - Special Detail Rates to be Charged by Police Department


The Port Orange Police Department contracts with various organizations and businesses to provide law enforcement officers for extra duty activities such as traffic and pedestrian control, crowd control and routine law enforcement for public agencies.  Extra duty details are billed to the contracting agency or business at $27.00 per hour with a three hour minimum. After reviewing the current rate and surveying surrounding agencies, it has been determined the rate should be increased to $40.00 per hour. 


The Port Orange Police Department is requesting approval to increase the current rate from $27.00 per hour to $40.00 per hour for off duty details.


Staff recommends that Council approve the attached resolution establishing the special detail rate of $40.00 per hour to be charged by the Port Orange Police Department for off duty details.


Item 28 -        Biketoberfest Report


The Port Orange Police Department will present a report that will detail the number of traffic violations, sound violations, activity and complaints that were investigated during Biketoberfest 2009.


N.                 PARKS AND RECREATION


Item 29 -        Review Proposed Design for Veterans Park


Staff has been working with local veterans groups to design a “new” Veterans Park.  Staff is asking Council to provide feedback and direction in order to complete the final design.


City Manager’s Comments:  The design changes proposed at Veterans Park are focused on changing the design so that it truly honors Veterans year round, not just 2 days per year.  The proposed plaza would be pavers which could have names inscribed on them.  There would be medallions on columns that would honor each of the service branches.  New memorial trees would be planted in the area.  Already, 13 trees have been donated in honor of or in memory of Veterans.  We have been working with Veterans organizations on the design.  We are proposing to bid the project with the projected date of completion in May prior to Memorial Day.  Previously, you received a memorandum on how the improvements would be funded. 



O.                ADMINISTRATION


Item 30 -        Resolution No. 09-108 – Resolution Expressing Doubt as to the Validity of Proposed Volusia County Resolutions Impacting CRA’s


On Thursday morning, December 10, the Volusia County Council will be considering modifications to the Delegation of Authority to CRA’s.  In reviewing the County’s Resolution, the items under Section 2 could have been accomplished by simply asking.  Currently, we provide the County with copies of our budget, an annual report, and notice of meetings.  When the delegation was given by the County to the City of Port Orange, they did not ask that their name and logo be placed on all signage and on publications.  That is not a problem, either.  We have a concern about Sections 3 and 5. 


These two Sections add a level of uncertainty to the redevelopment process.  Already, Buddy LaCour has stated to the County Council that the proposed Resolution creates an additional level of uncertainty from their perspective.  We have talked with Toby Wagner and with Peter Dame.  From an existing bond holder standpoint, the Resolution provides protection. It is the revocation language that makes future financing uncertain. 


The Resolution that will be presented to the County Council on Thursday, December 10, is much milder than the original Resolution.  The County has made several modifications to the Resolution after meeting with the Cities.  If it is the reporting the County desires to receive, we can live with those since those are reasonable requests that we would have done if they simply asked.  However, the ability to revoke or change the process after it has begun is a problem.  This is the second time the County Council has modified the conditions on existing CRA’s.   The first was to establish a duration time for a CRA that did not have an ending date included in their delegation Resolutions.  The duration date is 2036 for Port Orange. 


Item 31 -        Harbor Oaks - B-23 Canal Dredging Project


On August 4, 2009, the City Council approved a contract with DMC for preliminary design engineering consulting services related to the B-23 Canal project.  In conjunction with City staff and applicable permitting agencies, DMC analyzed the available options, determined feasibility and estimated costs.  The design options that were considered, along with their pros and cons and costs are attached.  In summary:


  1. Hydraulic dredging is the recommended methodology due to the significant cost savings, particularly with regard to spoil disposal;
  2. Dredging to the same depth as the Army Corps of Engineers is desirable;
  3. A sediment trap at the mouth of the canal is not recommended because DEP indicated that it did not work in their pilot projects and that they would not permit it; and
  4. Redi-rock seawalls are not recommended for the public seawall reconstruction because they are more costly and do not provide any greater protection under the conditions found in the canal.


A meeting with the Harbor Oaks residents was held on November 17, 2009 to review the options and seek their input.   While all affected residents were not present, the consensus from those in attendance was that if they were going to provide hold harmless agreements, they believed the maximum amount of spoil should be removed from the canal.  They asked that the City provide them with a copy of the legal agreement and the conceptual design to assist in their review and final decision making.  They asked that they be protected from gross negligence of the selected contractor and that we provide a mechanism for the contractor to remove any structures from the canal, on behalf of the property owner, if they have fallen down and impede the project.  Those in attendance were not in favor of the option of filling in the canal north of Main Street.


In order to proceed with final design and permitting for dredging, staff recommends securing hold harmless agreements from all of the property owners.  Without the agreements, the City opens itself to risk and liability.  Staff recommends replacing the City-owned seawalls and dredging only if agreements can be obtained from the neighboring residents.


Additionally, along the east side of the B-23 Canal and south of Main Street, the City owns a park parcel that ranges from approximately 70 feet in width at the north end to 7 feet in width at the south end.  Multiple private improvements have been constructed on this property over the years, some properties have been assessed for the water-related improvements and one property owner has produced a permit from Volusia County.  In addition, there are two private improvements located on the Oak Street right-of-way.  The City required all non-structural elements and property be removed in June 2008, but the docks and boat houses were allowed to remain until a final determination of use was considered by the City Council.


Several of the property owners who have been utilizing public property on Cedar and Oak Streets have expressed interest in purchasing, leasing, or otherwise being provided with City approval for use of the park lands abutting the canal.  Neighborhood residents have expressed interest in seeing a passive park, linear walkway, boat ramp or other passive recreation. Not everyone was in agreement with the boat ramp due to lack of parking and location within the residential area.


The City has the following options:


    1. Require homeowners with encroachments to remove the structures (docks, boat houses, driveways, etc.) from the public lands.
    2. Sell the property to the homeowners if a legal right to sell could be verified.
    3. Lease the property to the homeowners.
    4. Provide the homeowners with a license agreement to utilize the property.


Six of the eight property owners with improvements on these lands have agreed to remove the structures at their cost.  The other two have not responded to two requests for information.  Another dock exists along the Oak Street right-of-way that is not being claimed by anyone and is neither permitted nor recorded in the public record.  Some private properties have been assessed for their water-related miscellaneous improvements while others have not.  Staff is seeking policy direction from City Council on the options listed above.


Staff recommends that Council approve dredging and seawall reconstruction design concept and authorize staff to secure hold harmless agreements, in a form acceptable to the City Manager and City Attorney, with the affected property owners.



Item 32 -        Discussion of the Existing Police Department Building on Dunlawton Avenue


Attached you will find options on how the existing Police Department could be reused after the Department is relocated to its new facilities on Clyde Morris Boulevard.  The options are:


1.                  Offer the property for sale. 

2.                  Use the Building for Fire Administration, IT, EOC, and RCC.

3.                  Use the Building for Fire Administration, Public Utilities Administration, EOC, and RCC. 


There are other options.  However, the options of moving either IT or Public Utilities Administration to the existing Police Department facility would free space at City Hall for Community Development and for Finance.  There are limitations in the existing building.  For one, there is a jail.  The walls are solid making renovations of the building extremely difficult.  That is why I have selected Departments who could use the existing facility without making major modifications.   In order for Fire Administration to use the building, we would need to do some painting and replace the carpeting.  Although this is the best location for IT, it will be more expensive since we would have to physically relocate our servers and AS 400 from City Hall. 


I am not proposing to move the EOC or RCC from this building. 


If the City Council selected Option 1, we would have to move RCC from the building to another location.  We do have potential space at the new Police Department for RCC.  We would have to move the EOC from its existing location to a new location.  We potentially could move it to the new Police Department as well.  Funds from the sale of the property could be used to construct new facilities for Fire Administration and for IT and to make the improvements at the new PD to support the EOC and RCC. 


I have recommended that we continue to use the existing facility and locate Fire Administration, IT, EOC, and RCC to the existing PD.  It may take time to make the total move since we have not allocated any funding for IT to move to a new location.  This would give the City flexibility at existing locations as well. 



Item 33 -        Settlement Agreement on Cambridge Canal


The City of Port Orange employed Quentin L. Hampton Associates, Inc., to design improvements on the Cambridge Canal.  In May, 2009, the seawall in a section of the canal failed.  After inspecting the wall, an insurance claim was filed.  The insurance company has made a determination that the failure was covered by insurance.  The insurance company has agreed to pay $209,550 to make the necessary repairs.  The contractor is prepared to perform the work.


The City Attorney has not completed her review of all of the legal documentation.  We are still waiting on a third party engineering review of the design and calculations.  This review is essential in the final approval of any release.  That is why the motion is conditioned upon final review by the City Attorney before the Mayor and City Manager sign the receipt, release, and indemnity agreement.


The City needs the repairs to be expedited and completed before the summer rains begin.



P.                 COUNCIL COMMENTS


Item 34 -        Comments/Concerns from Council Members


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