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 June 15, 2010


Date:               June 10, 2010



For the City Council’s information, I will be attending the City Council Meeting on June 15.  The group from the Florida League of Cities changed the Haiti travel dates to mid-July.  Because of the budget session planned for July 24, I have told the League that I will not be able to go to Haiti as part of the assessment team.


A.                 OPENING


Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call



B.                 CITIZEN PARTICIPATION (Agenda)


Item 4 -           Presentation by Bob Williams, Southeast Volusia Hospital District


Mr. Williams will make a presentation to Council regarding the Southeast Volusia Hospital District.



C.                CITIZEN PARTICIPATION (Non-Agenda)

D.                CONSENT AGENDA


Item 5 -           Award Hockney Court Road Repair to Halifax Paving


After the May rain event, a portion of Hockney Court failed and has been temporarily reinforced to allow continued use and now requires reconstruction.  Geotechnical investigation and analysis were performed by the City and The Briar Team; and a settlement agreement was approved by the City Council on May 25, 2010. 


The City sought repair quotes from qualified firms, including The Briar Team, Halifax Paving, and Cubert Paving, with the lowest quote received from Halifax Paving in the amount of $24,000.  Briar will be responsible for paying one half of the costs.  Staff recommends awarding the Hockney Court road repair project to Halifax Paving, Inc.


Staff recommends that Council award the Hockney Court road repair to Halifax Paving, Inc., and to authorize the Mayor and City Manager to execute any necessary documents.


Item 6 -           Building Activity Report and Monthly Development Activity Report for April and May, 2010


Attached are the reports for April and May, 2010.  If you have questions regarding any of the reports, please contact either Wayne Clark or me.  Staff recommends acceptance of the reports.


Item 7 -           Change Order No. 1 – Masci Corporation – Sleepy Hollow Drainage Improvements


Staff has decided to rework the swale rather than install pipe in the existing ditch at the northern edge of Sleepy Hollow.  Masci Corporation was awarded the original project, and they have submitted a quote for the additional swale work that is needed in the area.  As shown on the attached, total cost for the additional work will not exceed $47,840.75.  If approved, Masci’s total revised contract cost is $454,340.75.  This additional work will make it easier for the residents to maintain the swale area as well as keep the storm water flowing efficiently.  Funds are available in Account No. 41218005416397, Project No. DIP041 (BT in process).


Staff recommends approval of Change Order No. 1 for the additional amount of $47,840.75 to the contract with Masci Corporation for the Sleepy Hollow Drainage Improvements.



City Manager’s Comment: This section of the perimeter ditch at Sleepy Hollow is located on the north side of Sleepy Hollow.  This area was not in the original project.  Rather than designing and bidding it with pipe, it appears the best option in this area is to properly swale the ditch and sod it so that the adjacent owners can maintain the ditch.  Warren Pike is concerned that there is not enough fall between the western and eastern end to accommodate piping.  That is why he has recommended swales.


Item 8 -           Changes to City Employees Health Insurance


Through the annual negotiation process, the City and Florida Health Care have reached a tentative agreement for the renewal of the Health Insurance Plans for City employees for a July 1, 2010 effective date. 


This tentative agreement includes minor benefit changes to the 3 current plans which are detailed in the attachment.  Our most popular plan, the Premium Plus HMO, of which 84 percent of our employees are enrolled only has a $10 change to co-pays.  The agreement also includes adding a new High Deductible Health Plan (HDHP) accompanied by a Health Savings Account (HSA).


Also changed was the tier structure upon which the City previously offered these plans.  We have partnered with Florida Health Care to better align these tiers.  This means that the employee only premium will no longer subsidize the couple and family premiums as before resulting in a slight decrease in premiums for single coverage but a slight increase in couple and family coverage.  More than half of all benefit employees have single coverage on the Premium Plus HMO plan.  This would result in a cost savings to the City.


Staff recommends that Council approve changes to City employees’ current health insurance plan with Florida Health Care.


Item 9 -           Pollution and Remediation Legal Liability Insurance


In order to provide the broadest financial protection for incidents arising from an environmental event involving pollution and remediation exposures, staff recommends the selection of the proposal provided by XL.  Proposals were solicited through the City’s insurance broker, Brown & Brown Insurance, from insurance markets specializing in this type of coverage; only one insurance company (XL) submitted a proposal, and six companies declined to offer a proposal. XL has an A.M. Best’s Rating of A+ 15. 


The premium for the renewal proposal submitted by XL is $31,440.29.  The policy terms and conditions of the renewal policy are the same as the expiring policy.


Staff recommends the selection of XL for the fuel storage tank coverage for the one year policy term June 21, 2010, through June 21, 2011, including the coverage for Federal TRIA (Terrorism Risk Insurance Act).  The City’s insurance broker recommends the selection of the one year policy term.


Staff recommends that Council approve the selection of the Indian Harbor Insurance Company (“XL”) to provide underground and above ground storage tank pollution liability plus fixed site pollution legal liability insurance coverage for the one year period from June 21, 2010, to June 21, 2011.


Item 10 -        Claim Settlement with Alice Pelkey


The attached invoice in the amount of $10,000 from Preferred Governmental Insurance Trust represents the billing for a claim settlement.


A claim was presented to the City from Alice Pelkey who alleges that she tripped and fell on January 24, 2009, due to an uneven sidewalk. Ms. Pelkey incurred medical costs and lost wages due to the injury. The claim was given to our insurance company, Preferred Governmental Insurance Trust, who investigated and negotiated settlement of the claim in the amount of $10,000.  Staff recommends approval of the reimbursement of $10,000 to Preferred Governmental Insurance Trust.


Staff recommends that Council approve the reimbursement of $10,000 to Preferred Governmental Insurance Trust for settlement of a trip and fall injury to Alice Pelkey.





Item 11 -        Citizen Advisory Committee for MPO


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





Item 12 -        Second Reading – Ordinance No. 2010-12 – Rezoning – From Volusia County “Conservation” (C), “Resource Corridor” (RC), and “Forestry Resource “FR” to City of Port Orange “Flood-Plain conservation” (F-C) – City Wellfield Expansion Area


Staff recommends approval.


Item 13 -        First Reading- Ordinance No. 2010-17  - Amending Chapters 2, 16, 17, and 18 of the Land Development Code Relating to Green Roofs and Community Gardens


Note:  This item will have to be continued to a date certain.  This ordinance has been advertised but is not ready for Council consideration.


In a continuous effort to promote a more sustainable future, the City will be reviewing the Comprehensive Plan and Land Development Code to remove barriers and to promote “green” development practices. As part of Phase III of the City’s Green Initiative, the City of Port Orange, applicant, requests approval of amendments to Chapter 2, 16, 17, and 18 of the Land Development Code, related to green roofs and community gardens. If approved, the subject amendments incorporate new definitions and establish requirements and incentives for green roofs and community gardens.


Planning Commission Recommendation: Recommended approval, 4-0 (One Seat Vacant; Commissioners Booth and Barker excused) on May 27, 2010.


Staff Recommendation:  Staff recommends approval of the attached ordinance amending Chapters 2, 16, 17, and 18 of the City’s Land Development Code for Case No. 10-25000005 regarding green roofs and community gardens.


Second Reading:              


Item 14 -        Final Site Development Plan – U. S. Foodservices, Inc. (5425 South Williamson Boulevard)


On May 27, 2010, the Planning Commission recommended approval, 4-0 (Commissioners Barker and Booth, excused and one seat vacant) of the Modification to an Approved Site Plan for U.S. Foodservices, Inc., subject to:


Ø      Yearly maintenance and water quality reports for the oil/water separator being provided to the City to ensure compliance with the National Pollutant Discharge Elimination System (NPDES) Regulations; and

Ø      Approval of the Concurrency & Fair-Share Agreement and payment of the fair-share contribution by U.S. Foodservices, Inc.


The subject property is located on the east side of South Williamson Boulevard, north of the Pavilion Shopping Center.  If approved, U.S. Foodservices, Inc., intends to expand the current distribution center by 243,800 SF and construct infrastructure improvements. Attached is a copy of the staff report.


Staff recommends that Council approve the Modification to an Approved Site Plan for U.S. Foodservices, Inc., as recommended by the Planning Commission. 



Item 15 -        Concurrency and Fair-Share Agreement for U. S. Foodservices, Inc.


The proposed Fair-Share Agreement has been prepared in conjunction with the site plan for a 243,800 square foot expansion of the U.S. Foodservices distribution center, located on the east side of South Williamson Boulevard, north of the Pavilion. The traffic impact analysis (TIA) completed by Kimley–Horn & Associates, Inc., projects impacts to the I-95 interchange area and the Summer Trees Road extension upon completion of this project.  The $43,085.00 fair-share mitigation payment will go toward the cost of the improvements for these two mitigation projects (see Exhibit A-2 of the agreement).  The agreement has been executed by the property owner and is attached for review.


A Development Order will be issued upon City Council approval of the Modification to an Approved Site Plan and Fair-Share agreement, and receipt of the fair-share mitigation payment. 


Staff recommends that Council approve the Concurrency and Fair-Share Agreement for the U.S. Foodservices, Inc.


Item 16 -        Reduction of Lien Request for 724 Nixon Lane (CEB08-870)


Kondaur Capital Corporation, property owner, is requesting a reduction or removal of liens against property located at 724 Nixon Lane.  A fine of $58,700 has accumulated against the property.  Nelson Valdes, previous owner of the property, was provided legal notice of the Code Board’s action and failed to appeal.  Code Board fines began to accrue after an inspection on September 24, 2008.  Fines continued to accrue on the property until an inspection confirmed compliance on May 4, 2010.


Kondaur Capital acquired the distressed mortgage from Wells Fargo Bank on December 23, 2009.  The certificate of title was issued to Kondaur Capital on March 22, 2010; and they became the owner of record.  Kondaur Capital corrected all violations by May 4, 2010, and set a maintenance schedule for the property.  While attempting to sell the property, Kondaur Capital discovered the liens that had been placed against the property by the City of Port Orange.  Said liens included a utility lien, lot mowing lien, and the on-going code enforcement fine of $100 per day while the property was in violation.  The City of Port Orange was contacted by Kondaur Capital in April, 2010, requesting the lien reduction or removal in order to sell the property.


G.                PUBLIC UTILITIES


Item 17 -        Second Reading – Ordinance No. 2010-10 – Amending Chapter 74, Article VIII, of the Code of Ordinances Relating to 2010 Manual of Cross Connection Control


Staff recommends approval.


H.                 ADMINISTRATION


Item 18 -        Resolution No. 10-40 - Brownfield Designation – Riverwalk Redevelopment Project Area


Please reference attached resolution, memorandum and associated documents.  Staff recommends that Council approve the attached resolution designating the approximately 35-acre area known as the Riverwalk Redevelopment Project Area as a Brownfield Area.



I.                     COUNCIL COMMENTS




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































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