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 July 27, 2010


Date:               July 19, 2010



On Tuesday night, July 27, 2010, I am asking the City Council to conduct a Shade Meeting to discuss labor negotiations.  The meeting will convene at 6:00 p.m. in the City Manager’s Conference Room. 


A.                 OPENING


Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call



B.                 CITIZEN PARTICIPATION (Non-Agenda)

C.                SPECIAL REPORT


Item 4 -           Review of Golf Course Budget


At this time, a representative of KemperSports will make a report to the Council regarding the Golf Club at Cypress Head.


City Manager’s Comment: KemperSports Management will present the 2010-11 proposed Operating Budget for your consideration.  Each member of the City Council has received a copy of the proposed budget materials.  The Golf Course Board will be reviewing the budget at 4:30 p.m.  They will be providing the Council with their recommendation.


Item 5-            Review of the Five Year Capital Improvement Program (CIP)


The City is required by the State of Florida to present a Capital Improvement Program to the City Council each year.  This is a five year plan. 





Item 6 -           Environmental Advisory Board (1 Term to Expire 5/7/13)


One appointment needs to be made to the Environmental Advisory Board with the term to expire on May 7, 2013.  Paul Minshew is interested in being reappointed to this Board.  There are no other applications on file for this Board.


Item 7 -           Library Advisory Board (1 Terms to Expire on 7/18/13)


Two appointments need to be made to the Library Advisory Board with the terms to expire on July 18, 2013.  Roz Crotty and Shirley Shook have expressed an interest in being reappointed to this Board.  There are no other applications on file for this Board.


Item 8 -           Planning Commission (1 Term to Expire 9/1/12)


One appointment needs to be made to the Planning Commission for a term expiring September 1, 2012.  Attached is the application from Tom Jordan for service on this Board. No other applications have been received.


Item 9 -           Town Center CRA (2 Terms to Expire 7/21/12)


The terms of Tom Jordan and Ben Talluto are scheduled to expire. Tom Jordan has advised Staff that he is not interested in being reappointed to this Board.  Ben Talluto has expressed an interest in being reappointed.  The only other application on file is from Sonya Laney.  Staff is checking with her to see if she is still interested in being appointed.


E.                 CONSENT AGENDA


Item 10 -        Project Managers Report


Attached is the Project Managers Report.  If you have questions, please contact any of the Project Managers or me.


Item 11 -        Approve Public Employees Association (PEA) 2010-2011 Union Contract


The City has negotiated a contract with the PEA bargaining unit.  The PEA voted to approve this contract.  Staff recommends approval of the 2010-2011 PEA contract.


City Manager’s Comments: The Union and the City have reached tentative agreement.  The Union is scheduling a vote on the contract.  If the Union ratification vote is not completed by Tuesday night, I will ask the City Council to move this forward to the August 3 City Council Meeting.  This contract would begin on October 1.


Item 12 -        Accept Proposal from Sensus Water Meter Company


Staff has been working with Sensus to correct some meter equipment failures in some of the older meters.  Some are warranty issues and some related to equipment already out of warranty.  This proposal is positive for the City, and Staff recommends approval.



F.                 FINANCE


Item 13 -        Resolution No. 10-52 - Energy Charges


Attached to this agenda form is a resolution adopting specific amounts for the energy usage charge related to water, sewer, and reclaimed water.  It should be noted that the attached rate resolution does not change the energy rate per thousand galls for water, decreased by 4 cents per thousand gallons for sewer energy, and decreases by 1 cent per thousand gallons the energy charge for reclaimed water.  Staff recommends approval.


Item 14 -        Monthly Financial Report


Attached is the Monthly Financial Report.  If you have questions, please contact either John Shelley or me.




Item 15 -        First ReadingOrdinance No. 2010-19 - Rezoning and Approving a Master Development Agreement and Conceptual Development Plan – Colony in the Wood


This is a request to rezone ±83 acres located at 4000 S. Clyde Morris Blvd. from Volusia County MH-1 to City of Port Orange Planned Unit Development (PUD). The property has recently been annexed into the City, and a large-scale future land use amendment has been adopted to change the future land use designation on the property to City Urban Low Density Residential and Office/Residential Transition. The PUD rezoning is intended to allow for the continued operation of the existing mobile home park, but also provide the opportunity to plan ahead for a possible future mixed-use redevelopment of the property, as consistent with the City’s Comprehensive Plan. There are no specific redevelopment plans at this time.


The Master Development Agreement (MDA) recognizes the current development conditions of the existing mobile home park and requires future MDA and conceptual Development Plan (CDP) amendments prior to any redevelopment.


Planning Commission Recommendation:      On June 24, 2010, the Planning Commission recommended approval, 5-0 (Commissioner Parker excused; one seat vacant).


Staff Recommendation:   Staff recommends approval.


Second Reading:   August 17, 2010



H.                 PUBLIC UTILITIES


Item 16 -        Resolution No. 10-53  - Joint Project Agreement with City of Daytona Beach Shores for South Atlantic Avenue Improvements Project (Dunlawton to Marcelle Avenue)


The City of Daytona Beach Shores and their consulting engineers, Kimley Horn,  have been working with Public Utilities Staff and our consulting engineers, Quentin L. Hampton Associates, Inc., over the past year to prepare joint design plans and construction documents to provide for the construction of a 12’ wide bike path along the east side of Atlantic Avenue right-of-way. The complete project will require the relocation of the existing County roadway (Atlantic Avenue) westward and the relocation of several utility systems. 


The City of Port Orange has decided that, since we have been given this opportunity, we will upsize our existing water system generally from 6” to 12” in accordance with our Utility Master Plan. This JPA project is quite similar to other projects that we have recently undertaken successfully with the County of Volusia. We currently anticipate that the City of Daytona Beach Shores will be placing this approximate 180 day duration project out for bid in July - August, 2010, with a bid award anticipated in  the August-September 2010  timeframe.                

This Joint Project Agreement will enable our water line mains and water service lines to be included in the Daytona Beach Shores contract bid documents and installed under a contract which will include potable water and sanitary sewer work hereby avoiding many contractual complications. This project will therefore be performed under a joint County Use Permit and a joint Maintenance of Traffic Plan. This is similar to what has been successfully undertaken with the County on various other joint projects completed recently.  A purchase order issued directly to the City of Daytona Beach Shores will be accomplished upon bid opening, evaluation, and awarding and just prior to the City of Daytona Beach Shores signing of the construction contract. The City of Daytona Beach Shores will therefore serve as a project administrator, including the securing of the various bonds and insurance requirements, and will assist in the overseeing of construction activities and various other administrative functions.


This JPA project is currently estimated to cost $1,300,000 of which approximately $800,000 is related to our proposed relocated water system. Utility Improvement Funds are currently budgeted under CIP Project # URL009 to cover this anticipated work.  Prior to final contract award, we will be bringing to you the actual cost reimbursement request by the City of Daytona Beach Shores as determined by the actual bid award amount of our cost share.


Staff recommends that Council approve the attached resolution pertaining to a Joint Project Agreement between the City of Port Orange and the City of Daytona Beach Shores for construction of roadway and utility improvements on South Atlantic Avenue and to authorize the Mayor and City Manager to execute the agreement and all other necessary related documents.



I.                     ADMINISTRATION


Item 17 -        Resolution No. 10-54 – Perpetual Easement to FDOT for Parcel 806 Required for Interstate 4 Widening Project


The FDOT has completed designing a future 6-laning improvement for I-4 between SR44 and I-95.  The design includes stormwater ponds and wildlife crossings.  Additionally, the project features a 10-foot high animal safety fencing along the corridor, which has the added benefit of enhancing homeland security for our property holdings and central wellfield.  Some of the planned improvements require procurement of lands abutting the existing right-of-way.           

Specifically, Parcel 806 is located on Central Wellfield lands.  As a matter of policy, the City generally prefers to maintain rights and usage of its wellfield property holdings for a variety of uses, which include hunting leases, wetland mitigation banking, and billboard leases. 


The City previously granted a perpetual easement to FDOT abutting this location for the same purpose.  However, the area was determined to be insufficient to construct the improvements as designed.  Because the design requirements cannot be altered without sacrificing federal funds necessary to construct the project, FDOT elected to contact the City to request an additional easement. 


Therefore, an additional perpetual easement is necessary to accommodate the wildlife crossing at this location.  The expanded easement as proposed does not conflict with the existing use of the land for hunting or billboards.  FDOT negotiated with Port Orange for the additional perpetual easement.   Staff recommends approval of the agreement.  


Staff recommends that Council approve the attached resolution authorizing to the FDOT a perpetual easement across 21,900 square feet of land, and authorizing the Mayor and City Manager to execute the associated contract documents.


Item 18 -        Resolution No. 10-55 - Amending Section 14.10 of the Purchasing Manual Policy and Procedures


The proposed amendment to the City’s Purchasing Manual Policies and Procedures, Section 14, Article 14.10, authorizes the City Manager to delegate hearing and determination of a bid protest. 


Staff recommends that Council approve the attached resolution amending the City of Port Orange Purchasing Manual Policies and Procedures, Section 14, Article 14.10 relating to Bid Protest.



J.                  COUNCIL COMMENTS


Item 19 -        Comments/Concerns from Council Members


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


Item 20 -        City Council Committee Reports


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