To:                   Mayor Allen Green

                        Vice Mayor Dennis Kennedy

                        Council Member Bob Ford

                        Council Member Donald Burnette

                        Council Member Robert Pohlmann


From:              Kenneth W. Parker, City Manager


Subject:          Agenda Commentary for Regular City Council Meeting of

                         March 15, 2011


Date:               March 8, 2011



A.           OPENING


Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call





Item 4 -           Boy Scouts of America – Three Rivers District


A proclamation will be presented to the Boy Scouts of America – Three Rivers District.


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





Item 5 -           Approval of Minutes


Approval of Minutes:

a)    February 22, 2011 – Goals/Vision Workshop

b)    February 22, 2011 – Recognition of Police and Citizens

c)    February 22, 2011 – Regular City Council Meeting

d)    March 1, 2011 – Special Meeting (Innoprise Shade Meeting)

e)    March 1, 2011 – Regular City Council Meeting


Staff recommends approval.


Item 6 -           Staff Reports - Building Activity Report and Monthly Development Activity Report for January and February 2011


The attached Staff Reports include the Development Activity Report and the Building Activity Report.  These reports provide information on proposed development projects under construction, commercial code enforcement activity, and monthly building permits and inspection updates.  Staff recommends acceptance of the Staff Reports (Building Activity Report and Monthly Development Activity Report).


Item 7 -           Request for Approval to Submit Projects for the 2011 Transportation Improvement Program Priority List


Staff requests that the City Council approve and authorize submittal of applications for projects to be placed on the TPO’s 2011 priority list. This does not obligate the City to fund these projects only to include them on the TPO priority list. The proposed applications to be submitted this year include:

·         Victoria Gardens Boulevard Sidewalk –west side  (Bicycle/Pedestrian Facility),

·         McDonald Road sidewalk -east side (Bicycle/pedestrian facility)

·         Spruce Creek Road sidewalks (Bicycle/Pedestrian Facility).

·         Dunlawton Avenue walk light renovation & construction (Traffic Operations/ITS/Safety project), and

If the projects are selected and the City chooses to fund them, the projects will require a 10% local match, estimated at $140,315.  With these projects, the City pays for the project up front and is then reimbursed. Please see the attached memo for additional information.


Staff recommends Council to authorize City staff to submit applications for the 2011 Priority Project ranking for transportation improvements to the Volusia Transportation Planning Organization (TPO).


Item 8 -           Quentin Hampton Associates – Engineering Fees for Construction Phase of Spruce Creek Estates Drainage Improvements


Quentin Hampton has submitted an estimate for engineering fees for the construction phase of the Spruce Creek Estates drainage improvements. As shown on the attached, fees should not exceed $65,473.00.  Engineering fees for this phase include bidding, construction administration, Biological Consultant for Gopher Tortoise relocation allowance and inspection fees.  Funds are available in Account #41218005416397, Project #DIP046.


Staff recommends approval of the engineering fees for the construction phase of Spruce Creek Estates Drainage Improvements with Quentin Hampton for a cost not to exceed $65,473.00.


Item 9 -           “Letter of No Objection” for Samsula Farms Plat Abandonment requested by County of Volusia


The County of Volusia working in conjunction with the St. Johns River Water Management District acquired a large tract of undeveloped lands contained within the Samsula Farms plat.  This parcel is part of the County’s Longleaf Pine Preserve.  It is a standard practice of the SJRWMD to request the abandonment of plat and rights-of-way on undeveloped lands upon their actual acquisition. 


The lands in question are located entirely west of Tomoka Farms Road.  The parcel includes frontage on Tomoka Farms Road.  Additionally, the western parcel boundary abuts lands in joint ownership between the County of Volusia and the City of Port Orange.  Consequently, the County contacted the City as both a utility provider and as an abutting land owner seeking our concurrence with the County proposal to abandon the plat and associated rights-of-way of the undeveloped land contained therein.  


The City Manager and his staff met with County officials.  It was determined that the City has multiple other legal and existing developed access points to its wellfield property holdings, both from the south via Pioneer Trail, and from the north via Shunz Road.  There are no existing active or proposed City utilities crossing the Samsula Farms tract, so abandonment of the plat will have no impact on water, sewer, or reclaimed service.  Therefore, vacation of the plat and rights-of-way appears to have no adverse impact to the City.  As a result of the discussions, it was determined that the City has no objection to the County’s proposal to vacate the said plat and associated rights-of-way under the County’s ownership.


At this time, it is requested that Council authorize the City Manager to send to the County of Volusia the requested “Letter of No Objection” for the proposed abandonment of the Samsula Farms Plat for the property holdings under the control of the County of Volusia and its partner, the SJRWMD. 


Item 10 -        2010 Flu Program Revenue and Expenditures


This is the follow up report requested by the Council, at the completion of the 2010 Flu Shots Season billing process.  These reports summarize all revenue collected during the 2010 Flu Shots Season and the programs funded from the revenue generated, in accordance with Resolution 05-63.


City Manager Comments:  The City of Port Orange began offering flu shots to our residents a number of years ago.  The program has been very successful for the City and our residents.  Over the years, we have seen private providers begin providing flu shots at various locations throughout the City.  In the upcoming budget, I will be recommending that the City of Port Orange no longer provide a flu shot program.  In Russ’ report, he suggested a modified flu shot program for the City Council’s consideration.  However, with Russ retiring on April 1, 2011, the individual who has successfully run the City’s program since its inception will no longer be with the City.  With the staffing changes, the City will be hard pressed to provide the oversight and coordination that is essential for the success of the program.


Item 11 -        Flu Serum Donation

We have 656 flu shots remaining in our program and we have ceased our delivery.  We are requesting to donate our remaining supply to a local clinic that provides vaccinations free of charge to local less fortunate citizens.  The clinic is called the Jesus Clinic and is run by Dr. Bill Gilmer.  I have spoken to him and they are very receptive to this, if we had any left over.  They would still be required to have the proper Flu Forms completed and retained on file for the required five years, but they accept full responsibility for the administration.  The value of the 656 shots is $6,888.00


City Manager Comments: The City of Port Orange has given the left over shots to the clinic in the past. 


Item 12 -        Request City Council waive 6 copies of the RFP requirement and regard the missing copy as “not a substantial deviation” regarding proposal from Reames


When Health and Dental Proposals were received last week all seemed to be in order except when opening the sealed proposal from Reames Employee Benefits Solutions, Inc., we noted that it contained 5 copies instead of the required 6.  We notified Mr. Reames of the missing copy.  He sent the City a request to regard this as “inadvertent” and accept his proposal as the missing copy was not a significant deviation from the requested number.  Please see the request attached.  All other items in his proposal were in order and in good form.


Staff recommends that the City accept the proposal from Reames Employee Benefits Solution, Inc. and regard the missing copy as “not a substantial deviation”.  Any further copies should be prepared by the City from the Master copy presented by Mr. Reames.


City Manager Comments:  Reames Employee Benefits Solutions submitted a proposal to the City for dental insurance.  The specifications required six copies be submitted to the City.  The company submitted only five.  All other documentation was completed.  However, because the company failed to supply the required number of copies, they do not qualify to have their proposal reviewed and evaluated.  The City Council does have the authority to deem this as a non-substantial deviation from the specifications.  The Finance staff has recommended that this be deemed a non-substantial deviation.  Although the Finance staff has recommended approval, I need to point out that the City Council in the past has not deviated from the specifications and requirements.  By granting this waiver, the City Council would be differentiating between bid items and simply leaving one copy out of the submittal package. 




Item 13 -        Citizen Advisory Committee for TPO


A representative of the Citizen Advisory Committee for the Volusia Transportation Planning Organization will make a report to Council at this time.


F.            FINANCE (John Shelley)


Item 14 -        Resolution No. 11-12 – Budget Appropriation


On March 15, 2011 the Council will be asked to approve SHIP grant awards for various SHIP eligible projects.  Also the Council has previously approved the cost participation agreement for Town West Blvd. The attached resolution appropriations budgets revenues and expenditures for these projects. Staff recommends approval.


Item 15 -        SRF Loan Repayment Proposal


The City currently has investments, in the form of T-Strips, with an estimated value of $5.2 million dollars.  Staff recommends selling these investments and using the proceeds to pay off SRF 5120 Allandale Rose Bay and to pay down SRF 3010 Garnsey Water Treatment Plant to the extent possible with the balance.  The future value savings of this transaction is approximately $357K and will require additional short term funding but we propose to use an appropriation of available fund equity in the Water & Sewer fund that is above our 15% required. 


Staff recommends Council authorize staff to sell T-Strip investments and use the proceeds to pay down current SRF loans to the extent possible.


City Manager Comments: At the last City Council Meeting, John presented options to the City Council to cash in some zero bonds and T-Strip Investments and use the proceeds to retire SRF debt.  Also, John presented an option to take funds above the 15% level in order to retire the debt. 


G.           COMMUNITY DEVELOPMENT (Wayne Clark)


Item 16 -        Second Reading – Ordinance No. 2011-4 – Adoption of the 2010 Capital Improvements Element Annual Update


Staff recommends approval.


Item 17 -        Resolution 11-13 - Supplemental LAP Agreement for turn lane at Willow Run/Clyde Morris Blvd.


The FDOT has requested the City execute the attached Supplemental Local Area Project (LAP) Agreement and Resolution for the right turn lane project currently under design supplementing the previous Agreement of 27 May 2010 and giving the City additional time, until June 30, 2011, to complete the Design Phase of these projects and to add E-Verify language to the contract requirements in accordance with the Governor’s Executive Order.  


Staff recommends Council approve Resolution No. 11-13 approving the Supplemental LAP Agreement for the turn lane on Willow Run Blvd at Clyde Morris Blvd.


Item 18 -        Resolution 11-14 – Supplemental LAP Agreement for turn lane at Dunlawton/Village Trail


The FDOT has requested the City execute the attached Local Area Project (LAP) Agreement and Resolution for the right turn lane project currently under design supplementing the previous Agreement of 27 May 2010 and giving the City additional time, until June 30, 2011, to complete the Design Phase of these projects and to add E-Verify language to the contract requirements in accordance with the Governor’s Executive Order.  


Staff recommends Council approve Resolution No. 11-14 approving the Supplemental LAP Agreement for the turn lane on Dunlawton Blvd at Village Trail.


Item 19 -        Special Exception for a Game/Recreation Facility in the “CC” Zoning District for Allied Veterans of the World, Inc. Affiliate 49


Planning Commission Action:  February 24, 2010   

Recommended approval (4-2), subject to the following conditions:

·   The property owner will install 40 shrubs along the rear property line behind the proposed tenant space and extend the irrigation line prior to issuance of the business tax for the proposed use;

·   The Special Exception use is limited to 3510 Nova Rd., Units 119 & 120;

·   The Special Exception is limited to the applicant, Allied Veterans of the World, Inc.: Affiliate #49, only. If the applicant should abandon the units or allow the business tax to expire, the Special Exception shall become void; and

·   Hours of operations shall be limited to 7am to 11pm.


At the Planning Commission Meeting, the attorney representing the applicant indicated that the facility would be open 24 hours a day, which is allowed by the Code of Ordinances. The attorney stated that she would need to speak with her client about limiting the hours of operations from 7am to 11pm, as recommended by the Planning Commission.  The applicant recently informed staff that her client is proposing to limit the hours of operation to 8 am to 1pm.


City Manager Comments: Because of the technical and legal nature of a Special Exception, it would be good for each of you to speak with Margaret and Wayne prior to Tuesday night’s meeting.  The Game/Recreational Facility is allowed in the CC District as a Special Exception.  Although the City Council has enacted a moratorium on this type of business in Port Orange, this organization began the process before the City Council adopted the moratorium.  Therefore, they would be allowed to proceed to open their business. 



H.           ADMINISTRATION (Ken Parker)


Item 20 -        SHIP Down payment Assistance for Mr. Danny Lee Sloss/5134 Pineland Ave


The State Housing Initiatives Partnership (SHIP) Program is a State grant funded effort to assist low and moderate income individuals with housing needs.  Mr. Danny Lee Sloss has been approved for assistance through Mid-Florida Housing Partnership.  As part of Mr. Sloss’ approval, he has attended classes on credit counseling and home ownership.  Mr. Sloss has a contract to purchase a home at 5134 Pineland Avenue and would like to close prior to the end of March 2011.


All contracts and legal documents will be subject to approval by the City Attorney’s Office prior to property closing.  Funds for this loan were identified prior to reporting the amount to be remitted back to the State with the termination of the City’s SHIP program.     Staff recommends approval of this request.


Staff recommends Council authorize a SHIP funded loan up to $40,000 and acceptance of a second mortgage and promissory note for the purchase of a home in the City of Port Orange by Mr. Danny Lee Sloss, subject to approval of all legal documents by the City Attorney.


Item 21 -        Authorization to Issue a Request for Proposals (RFP) for a Redevelopment Project in the Riverwalk Area – RFP #11-14


To facilitate redevelopment in Town Center, staff has prepared a Request for Proposals (RFP) for a development project on City & CRA lands within the Riverwalk Area of Port Orange Town Center.   A preliminary draft of the subject RFP was previously reviewed with the CRA on January 11th and February 22nd.   The RFP accompanying this agenda form incorporates all of the changes requested by the CRA, as well as modifications to ensure compliance with City Purchasing Policies and Procedures and proper legal form.


Pending approval by the CRA and City Council, the RFP #11-14 is scheduled to be issued on March 23, 2011.  Proposals will be due into the City by 2:30 p.m. April 22, 2011.  A six (6) member Proposal Evaluation Committee comprised of a Representative from the City Council and the Town Center CRA, CRA Staff, the City’s Finance Director, Community Development Director and Purchasing Coordinator will review and rank all proposals and provide recommendations to the City Council and CRA.


A summary of key content of RFP #11-14 has been provided for discussion purposes.

Staff recommends Council authorize staff to issue RFP #11-14, and to appoint _________ to serve on the Proposal Evaluation Committee representing the City Council.



City Manager Comment: In the past, the City Council and the CRA have delegated the initial evaluation of proposals to a committee composed of a representative from the Council Member and city staff.  The initial evaluation includes evaluating the initial proposals, conducting interviews, and submitting a final ranking to the City Council and the CRA.  The City Council and CRA could interview the top candidates or accept the recommendation of the evaluation committee. Although the RFP contemplates using the same process as the City has used in the past, the City Council and the CRA could decide that it would be the evaluating body.  That would mean the City Council and the CRA would rank the proposals and conduct the interviews.  Rather than delegate this to a Committee, it might be good for the City Council and the CRA to be the evaluation committee.  Because of the nature of the RFP, there is a “no contact” provision in the specifications meaning that proposers cannot contact Council and the CRA during the process. 


I.              COUNCIL COMMENTS


Item 22 -        Comments/Concerns from Council Members


At this time council members may discuss various matters or concerns.


Item 23 -        Budget Workshop – Mandates


Attached is a listing and discussion of Mandates performed by City Staff.  These Mandates include identified services, programs, functions, and other activities.


Please see attached for details.