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

                         November 3, 2010



Date:               October 27, 2010



This Agenda is very short.  All items with the exception of the two reports from Boards and Commissions and Arthaus are on consent agenda.   The 5:30 p.m. workshop is on Police Services.


A.           OPENING


Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call




Item 4 -           Laurie Gomon Ring- Arthaus



C.           CITIZEN PARTICIPATION (Non-Agenda – 15 minutes)







Item 5 -           Approval of Minutes – September 7, 2010 – Regular City Council Meeting


Attached are the minutes of the September 7, 2010, Regular City Council Meeting.  Staff recommends approval.


Item 6 -           Update on Construction Projects


Attached is the update from Quentin L. Hampton’s.  If you have questions, please let me know.


Item 7 -           Update on Recreational Projects


Attached is the update on Recreational Facilities.  If you have questions, please contact either Susan Lovallo or me.


Item 8 -           Road Construction Report


Attached is the report from Public Works.  If you have questions, please contact either Warren Pike or me.


Item 9 -           Proposed License Agreement – Lot 13 and Part of Lot 12, Halifax Shores Replat Subdivision ( 3455 Shamrock Drive )


Will S. Harold and Virginia V. Harold, the owners of the subject property; have applied for a Right-of-Way License Agreement through the Department of Community Development. The application was made in connection with a proposal to reconstruct a driveway and a front entry sidewalk with decorative pavers.


The License Agreement Application has been reviewed for completeness and accuracy. The proposal was reviewed with respect to City Codes and possible effects to adjacent properties resulting in no outstanding concerns. The owners have submitted a building permit application for the proposal as described that has also been reviewed for approval by appropriate City staff.


The property owner has been advised of applicable requirements and advised of the License Agreement and permit review process. This agreement has the effect of requiring the property owner to maintain and, if necessary, replace these improvements with the accepted standard construction requirements of the City. Further, should the property owner fail to abide by this requirement, it provides the City with the ability to take necessary corrective actions at the expense of the property owner.


Staff recommends Council approve and authorize the Mayor and City Manager to act on behalf of the City to execute a License Agreement for Lot 13 and the westerly half of Lot 12, Halifax Shores Replat Subdivision.



Item 10           Proposed License Agreements – Part of Lot 12, Plantation Acres Subdivision (Nixon-Biro Stormwater Pond) for 760, 746, 740 and 720 Biro Drive


The below-listed residents of Biro Drive have requested license agreements from the Department of Community Development for the use and maintenance of the uplands beyond top-of-bank at the city-owned stormwater retention facility commonly referred to as the Nixon-Biro Pond.


The subject area is approximately 216 feet wide along the southwesterly bank of the pond and varies from 94 feet to 32 feet in depth as extended from the adjacent residential lots to the top of bank.  Overall, the subject area covers approximately 10,152 square feet and is beyond the mowing perimeter routinely maintained by Public Works.  The area is wooded and has become overgrown with brush, tall weeds, and tangled vines.  Additionally, this area is not visible from surrounding right-of-ways and lends itself to undesirable activity.


These four residential property owners have approached city staff and requested permission to clean the subject area of the vines, brush and weeds.  With the license agreements as proposed, the owners will agree to maintain the areas adjacent to their homes, promote the growth of native vegetation so as to enhance wildlife habitat, and to install approved fencing. Should any of these property owners fail to abide by the terms of the license agreements, the City has the ability to take corrective actions as necessary at the expense of the offending property owner(s).


This proposal has been reviewed by appropriate City Staff and approval is recommended.  


760 Biro Dr. – Parcel ID 6337-04-00-0121  Lewis and Shirley Rice

746 Biro Dr. – Parcel ID 6337-03-00-0050  Randy R. and Deborah J. Tapley

740 Biro Dr. – Parcel ID 6337-03-00-0040  Mark J. and Deborah A. Miller

720 Biro Dr. – Parcel ID 6337-03-00-0030  Adam C. Tapley


Staff recommends Council approve and to authorize the Mayor and the City Manager to execute the four License Agreements on behalf of the City for use and maintenance of the upland portion of Nixon-Biro Stormwater Pond adjacent to residential properties at 760, 746, 740, and 720 Biro Drive.


Item 11           Change Order to R&R Industries, Inc. Contract for Allen Green Center , City Hall and Fire Station 73 Reroofing Projects


Change Order #2

Item A.1. Allen Green Center. Gutters and downspouts $42,841.94+14days.

Item A.2. Allen Green Center. Re-roof NE area $45,283.27+12 days.

Item A.3. Allen Green Center. Roof & insulation at metal roof area $22,646.26+3 days.

Item B.1. City Hall. Replace expansion joint $11,484.90+ 5 days.

Item B.2. City Hall.

Item C.1. Fire Station 73.


Staff recommends Council approve Change Order #2 with R&R Industries in the amount of   $122,256.37 plus 34days for work required in addition to the original contract requirements to complete the re-roofing of the Allen Green Center and City Hall.


City Manager Comments: After the bids were received on the three roofs, there were a number of items that were discovered that led to this change order.  At the Green Center, it was originally thought that the roof on the newer of the two buildings would not need to be replaced.  Upon further examination, we found that there was extensive bubbling on the roof that meant that the roof needed to be replaced.  At City Hall, we found that an expansion joint needed to be installed.  The original roof design here at City Hall had an expansion joint between each of the pods.  Over the years, as repairs had been made to the roof, that expansion joint was covered.  When examining the roof area where the metal roof materials are being used, it was found that one half inch decking had been used.  There is a requirement for 5/8 inch material to be used.  Also, the design of the Green roof requires guttering and downspouts to be installed on the building in order to make sure the building does not leak.  We do anticipate that there may be change orders because of rotted wood that will have to be replaced.  Because of the complexity of the roof systems at City Hall and at Fire Station 73, the contractor may find areas that require our attention.  Even with this change order, we are within the budget that was set for all three roofs. 


Quentin Hampton is using a retired General Contractor, Frank Flagg, as their inspector on this job.  We have assigned Bob DeFilippo to inspect the three roofs.  Bob has been extremely valuable in his review of the roofs, the roof drawings, and working with the contractor to identify problem areas.


We expected change orders after the contractor uncovered the roof.  However, these items were discovered before they actually started on the project.  This would not have changed the bid order.


Item 12           Authorization to Advertise Local Bill Regarding Southeast Volusia Hospital District Board Membership


When the Southeast Volusia Hospital District was created, Spruce Creek was utilized as a geographic boundary.  At that time, the District included residents from New Smyrna Beach, Edgewater, Oak Hill and unincorporated Volusia County.  The enabling language requires that the Board be comprised of two residents each from New Smyrna Beach, Edgewater and unincorporated Volusia County and one representative from Oak Hill.


Through time and annexations, the District now includes Port Orange residents as well; however, Port Orange residents are prohibited from serving on the Board.  The local bill that the City is drafting proposes that the language be amended to provide Port Orange residents living within the District an opportunity to serve on the governing body beginning with the next opening in one of the unincorporated seats. All appointments are made by the Governor.


In order to file a local bill in the Legislature, the City must request sponsors, present to the local delegation and advertise such intent 30 days in advance.  The Volusia County Delegation meets December 10, 2010 in DeLand so advertising would have to occur on or before November 10.


Staff requests authorization to advertise in order to preserve the City’s ability to file a local bill in the upcoming legislative session that would provide an opportunity for a Port Orange resident living in the Southeast Volusia Hospital Taxing District to serve as a future Board Member.


Staff recommends that Council authorize the City Manager to advertise the City’s intent to request a local bill that would amend the membership of the Southeast Volusia Hospital District Board.


City Manager Comments: In order for the delegation to consider a local bill at its meeting on December 10, 2010, it must be advertised.  As you know, there is a substantial population of Port Orange residents living in the Southeast Volusia Hospital District.  In a recent newspaper article that described the District, it stated that a small sliver of Port Orange is in the District.  That small sliver is everything south of Spruce Creek.  There are several thousand homes in this area occupied by several thousand Port Orange residents.  Under current law, only residents in Oak Hill, Edgewater, New Smyrna Beach and the unincorporated area of Volusia County are eligible for appointment to the Hospital District Board.   The unincorporated area has two seats.  What we are proposing is to insert wording in the unincorporated area that would allow Port Orange residents an opportunity to serve on the Hospital District Board.  We have Sean Pittman working on the language.  It does not change the total number of members on the Board.  It does not take away representatives from New Smyrna Beach, Edgewater, or Oak Hill.  It does allow Port Orange residents to be considered on par with the residents in the unincorporated areas.  We think this is fair since our residents are paying taxes into the District and should have the same opportunity to be appointed to the governing board of the District as any of the other residents living in the District.




Item 13 -        Environmental Advisory Board


A representative of the Environmental Advisory Board will make a report to the Council at this time.


Item 14 -        Parks and Recreation Board


A representative of the Parks and Recreation Board will make a report to the Council at this time.





Item 15 -        Comments/Concerns from Council Members


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