MEMORANDUM

 

 

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 20, 2010

 

Date:               April 12, 2010

 

 

This is a reminder that the quarterly meetings of the Community Redevelopment Agencies will be held on April 20, 2010, at 5:30 p.m.  At 6:00 p.m., I have asked the City Council to meet in a Shade Meeting to discuss labor negotiations.

 

A.                 OPENING

 

Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call

 

 

B.                 CITIZEN PARTICIPATION (Agenda)

 

Item 4 -           Information Regarding Solar Technology – Bill Gallagher

 

Bill Gallagher of Solar-Fit will make a presentation to Council at this time regarding solar technology.  Solar-Fit was the company that provided solar water heating systems for the two new Fire Stations in Port Orange.

 

 

C.                CITIZEN PARTICIPATION (Non-Agenda)

D.                CONSENT AGENDA

 

Item 5 -           Sole Source Bid Award to Playmore Recreational Products and Services for Purchase and Installation of Four Bleachers and Eight Benches for Coraci Park

 

Playmore Recreational Products is the only area distributor of the requested items; therefore, we are requesting approval of the sole source bid award to Playmore Recreational Products and Services for the purchase and installation of four bleachers at a cost of $24,719.28 and eight benches at a cost of $7,160.80 for a total bid amount of $31,880.08 for Coraci Park.  Funding for this project will be from Account No. 611-5100-572-6397, QPC 034.

 

Staff recommends that Council approve the sole source bid award to Playmore Recreational Products and Services for the purchase and installation of four bleachers and eight benches for Coraci Park at the cost of $31,880.08.

 

City Manager’s Comments:  I asked the question about why we are sole sourcing the bid to Playmore.  The response from Parks and Recreation was because we are currently using Playmore projects for bleachers and benches.  It allows them to standardize parts when the benches and bleachers need repair.

 

Item 6 -           “Piggyback” Palm Beach County Contract No. 08051 with Playmore Recreational Products and Services for Equipment and Installation of Four Dugouts at Coraci Park

 

Palm Beach County currently has a contract with Playmore Recreational Products and Services, Contract No. 08051 for playground equipment.  We wish to piggyback this contract for the purchase and installation of four dugouts for Coraci Park in the amount of $40,796.20.  Funding for this project will be from Account No. 611-5100-572-6397, QPC 034.

 

Staff recommends that Council approve piggybacking Palm Beach County’s Contract No. 08051 with Playmore Recreational Products and Services for equipment and installation of four dugouts at Coraci Park in the amount of $40,796.20.

 

Item 7 -           “Piggyback” Our Own Contract Bid No. B10-07 with Shoemaker Construction Company, Inc., to Build Fourth Softball Field at Coraci Park

 

We currently have a contract with Shoemaker Construction Co., Inc., to build the third softball field at Coraci Park.  Shoemaker has agreed to hold the same prices from the third softball field for construction of a fourth softball field.  We are requesting approval to piggyback our own contract Bid No. B10-7 with Shoemaker to build the fourth softball field at a cost of $93,627.64.  Funding for this project will be from Account No. 611-5100-572-6397, QPC 034.

 

Staff recommends that Council approve piggybacking our own contract Bid No. B10-07 with Shoemaker Construction Co., Inc., of Sanford, Florida, to build the fourth softball field at Coraci Park in the amount of $93,627.64.

 

City Manager’s Comments: The City has the opportunity to construct the fourth and final field at Coraci Park.  Shoemaker was the low bidder on the third field and has agreed to hold the unit prices good on field four.  The City has the funds available to construct the final field at this location.  The City will still need to award the lighting bid for this field.  Musco is working with the City on preparing the lighting quote for the final field.  They have the bid on the third field.  We will want to have standardized lighting at this park location.

 

Item 8 -           Building Activity Report and Monthly Development Activity Report for February and March, 2010

 

The attached staff reports include the Development Activity Report for March 2010 and the Building Activity Report for February 2010.  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, 2010.

 

Item 9 -           Business Associate Agreement for Brown & Brown

 

Brown & Brown is the Agent of Record for the City’s Employee Life Insurance with Lincoln Financial.  Under HIPPA, Brown & Brown is required to enter into a privacy/security agreement.  Staff recommends that Council approve the Business Associate Agreement with Brown & Brown.

 

Item 10 -        Subordination of SHIP Down Payment Assistance Second Mortgage

 

On October 6, 2008, the City of Port Orange executed a second mortgage and note in the amount of $10,500 with Mr. Jeffrey E. Culpepper to assist in his purchase of a home located at 45 Summer Trees Road.

                       

The City of Port Orange’s Down Payment Assistance is a deferred loan and encumbers the homeowner’s property as a second mortgage.  Bank of America is currently in first lien position.

 

Mr. Culpepper has requested that the City subordinate its second mortgage in favor of a new first mortgage provided by Bank of America.  This proposed new mortgage lowers the current interest rate on his first mortgage from 6.675% to 5.5%.  This decrease in interest rate provides a monthly savings of $196.

 

Staff has evaluated the information provided by Bank of America and has determined that Mr. Culpepper is not including payment of any consumer debt in this proposed new mortgage and he will not receive any cash upon the closing of this loan.  

 

Staff recommends that Council authorize the City Manager to execute subordination for a SHIP second mortgage loan in the amount of $10,500 to a new first mortgage for the purpose of reducing the monthly principal and interest payments on a home located at 45 Summer Trees Road (Applicant: Jeffrey E. Culpepper).

 

 

E.                 TABLED ITEMS

 

Item 11 -        Resolution No. 10-12 – Reimbursement of Grant Funds – Gamble Property (Tabled 2/16/10)

 

Staff recommends that this item remain on the table.

 

 

F.                 REPORT FROM ADVISORY BOARD

 

Item 12 -        Citizen Advisory Committee for MPO

 

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

 

G.                COMMUNITY DEVELOPMENT

 

Item 13 -        Resolution No. 10-20 - Comprehensive Plan Update (EAR Based Amendments) 10-2 Comprehensive Plan Amendment Cycle Transmittal

 

The State Growth Management Act requires that local governments periodically review and update their adopted Comprehensive Plans. City staff began the process of updating the Comprehensive Plan to meet State requirements in 2006.


The periodic amendment process, which occurs approximately once every seven years, is a two-phase process. It begins with the preparation of an Evaluation and Appraisal Report (EAR) and ends with the adoption of the EAR-based amendments to the Comprehensive Plan. The EAR evaluates the performance of the various Elements of the Comprehensive Plan. It assesses the successes and shortcomings of the various Goals, Objectives, Policies and programs included within the Plan, and it provides recommendations for necessary changes. Additionally, the EAR provides an opportunity to identify major issues in a community and evaluate how effective the Comprehensive Plan has been in addressing these issues. The City Council adopted the EAR, per Resolution No. 09-8, at a public hearing held on January 20, 2009.


The recommendations contained in the EAR become the basis of proposed amendments to the Comprehensive Plan. These EAR-based amendments, once adopted by the City Council and found in compliance with Florida Statutes, then become the new Comprehensive Plan until the next EAR is prepared in approximately seven years.

 

The evaluation of the Comprehensive Plan (the EAR), revealed that overall the Plan was substantially effective. Therefore, the EAR did not recommend any major changes to the Plan. A brief summary of the amendments proposed in each Element is attached as Exhibit A of the Staff Report (EAR-based Amendments Summary Matrix). The most significant changes are to address recent changes to Florida Statutes (i.e. House Bill 697, 2008; Senate Bill 360, 2009).

 

The proposed EAR-based Amendments are available for public review on the City’s website at:

http://www.port-orange.org/inside/inside23.php

 

Staff recommends that Council approve the attached resolution authorizing the transmittal of the 10-2 Large-Scale Comprehensive Plan Amendment Package to the Florida Department of Community Affairs and other review agencies.

 

H.                 COUNCIL COMMENTS

 

Item 14 -        Comments/Concerns from Council Members

 

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