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

                         April 5, 2011


Date:               March 30, 2011



The City Council will meet in a shade meeting on April 5, 2011 to discuss labor negotiations.  The meeting will be held in the City Manager’s Office Conference Room.  The meeting will begin at 5:30 p.m. 


A.           OPENING


Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call



Item 4 -           Water Conservation Month Proclamation


A proclamation regarding Water Conservation Month will be read.


Item 5 -           Port Orange Volunteer Month Proclamation


A proclamation regarding Port Orange Volunteer Month will be read.


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


Item 6 -           Board Appointments


Appointments need to be made to the Code Enforcement Board and the General Employees’ Pension Board.



Item 7 -           Approval of Minutes


Attached are the minutes of the following meetings:

a)         March 15, 2011 – Regular City Council Meeting

b)         March 22, 2011 – Special City Council Meeting (Pension Boards)

c)         March 22, 2011 – Regular City Council Meeting


Item 8 -           Construction Activity Report


Attached is the Construction Activity Report.  If you have any questions, please let me know.


Item 9 -           Extend Lake Contract with Clarke Aquatic Services, Inc.


The lake contract with Clarke Aquatic Services Inc., Bid 07-08, expires April 30th.  As allowed by contract, Clarke Aquatic Services is willing to extend the contract another year, without any increase in price, with the exception of the CPI rate increase.  This year, the rate increase will be 1.26% (see rate sheet attached).  Staff is satisfied with the performance of Clarke Aquatic Services and recommends approval of the rate increase and the one year contract extension.  If approved, this will be the fifth and final extension of this contract. 


Total annual cost will not exceed $44,178.62.  The spreadsheet attached provides a list of all areas treated and the maintenance cost associated with each.


Staff recommends approval of the CPI rate increase and one year extension to the lake treatment contract with Clarke Aquatic Services, Inc. for a total cost not to exceed $44,178.62.


Item 10 -        Final Change Order and Pay Request – Spruce Creek Road Drainage Improvements


Masci Corporation has completed work under Bid #B10-15, Spruce Creek Road Drainage Improvements and they have submitted the final change order, net deduct amount of $34,475.32, and pay request for approval.  As shown on the Change Order Form attached, the change order is a result of contract adjustments to match actual field quantities installed.  Quentin Hampton Associates and staff are satisfied with the work and recommend final payment.  Total revised contract cost is $216,209.68.


Staff recommends approval of final net deduct change order for the amount of $34,475.32; and final contract payment of $98,684.71 to Masci Corporation for work performed under Bid #B 10-15, Spruce Creek Road Drainage Improvements.

Item 11 -        Public Improvements Agreements for Barcelo Development, Inc.


Barcelo Development, Inc. has provided a Public Improvements Agreement for off-site public road improvements to Dubois Avenue, including grading and grassing of a swale. The improvements are part of the redevelopment of the site as a construction storage and garage facility for Masci Construction Inc. The agreement requires that this work is completed within one-year from the Development Permit issuance and that a one-year maintenance bond for the work be provided with the completion and final acceptance of the development


Staff recommends Council approve the Public Improvements Agreement for Barcelo Development, Inc.


F.            TABLED ITEMS

Item 12 -        Special Exception for a Game/Recreational Facility in the “CC” Zoning District for Allied Veterans of the World, Inc. Affiliate 49 (Tabled from March 15, 2011)


Staff recommends that this item remain on the table.



Item 13 -        Parks and Recreation Advisory Board Report


A member of the Parks and Recreation Advisory Board will present a report.


H.           COMMUNITY DEVELOPMENT (Wayne Clark)

Item 14 -        Second Reading – Ordinance No. 2011-7 – 5th Amendment to the Port Orange Gateway Center PCD Amended and Restated Master Development Agreement Case No. 11-40000001


Staff recommends approval.


Item 15 -        LAP Agreement Herbert Street Sidewalk


The FDOT has requested the City execute the attached Local Area Project (LAP) Agreement and Resolution for the design of a sidewalk along the south side of Herbert Street from Golden Gate Drive to Nova Road.  The FDOT has agreed to fund the estimated $16,000 design cost for this sidewalk and is planning to provide funding for the project construction upon completion of the design and acquisition of Right of Way as required.


Staff recommends Council approve the Local Area Project (LAP) Agreement and Resolution for design of the Herbert Street sidewalk, south side, from Golden Gate Drive to Nova Road and authorize the Mayor and City Manager to execute the Agreement and Resolution.


City Manager Comments:  One of the problems on Herbert Street between Nova and Silver Sands Middle School has been the right of way.  The study will determine exactly how much right of way there is and available for sidewalk construction.  From personal knowledge, very little if any right of way exists in some of the areas.  When we looked some years ago at this issue, the sidewalk would be extremely close to one of the homes along the route.  With that said, if you have traveled this section of Herbert Street during the walk periods when children are walking to and from school you know that it is extremely congested mixing bicycles, pedestrians and motor vehicles in a very narrow strip.  This area has seen accidents involving students and motor vehicles in the past.  This feasibility study would determine if a sidewalk could be constructed in this area. 


Item 16 -        Request to Reduce a Portion of the Building Permit Fees and Approve a Five-Year Impact Fee Payment Plan for the Former Country Inn and Suites


Building permit fees are determined by Fee Resolution 07-16. The Fee schedule states that permits inactive for more than 180 days are expired and a full fee is required to reactivate the project. The last approved inspection was performed on September 23, 2009, activity on the project stopped shortly after. The permit expired on March 22, 2010. 


The applicant, T & T Management, requests that City Council consider reducing the estimated $68,968 permit fee for this project. Our Fee Resolution includes a sliding scale to reactivate permits that are expired less than 180 days. The amount of the fee is based on the amount of work completed at the time the permit expired. Using this scale would require that 50% of the original permit fees be paid to reactivate the permit. This is the calculation we have used for the proposed fees of $27,461.97.


The applicant also requests the City authorize a no interest five year deferral for the estimated $144,542 in impact fees.  The payments will be secured by a special assessment lien. The proposed fee schedule is as follows: Year 1 – 10%, Year 2 – 15%, Year 3 – 20%, Year 4 – 25% and Year 5 – 30%.


Staff recommends Council reduce the Building Permit fee to $27,461.97 to cover estimated costs for re-review and inspections and authorize the City Manager to establish a five-year payment plan for impact fees.


City Manager Comments:  Over the past several weeks, we have been in discussions with a potential purchaser of the hotel site and building that is incomplete located on Journey’s End Drive.  As you know, this building is in foreclosure.  The potential purchaser has requested two items.  The first is to pay the actual cost of the remaining inspections rather than paying the complete fee.  The same contractor will be doing the construction work.  Staff has calculated that if they had begun work on the building reactivated the permit within the required period of time, then the fee would be $27,461.97.  The company has requested that they be allowed to pay the impact fees over a five year period of time.  The fees would be secured by a lien on the property and I would concur with the Attorney that we should also secure the lien with a special assessment in order to guarantee collection.  Normally, we would not be recommending this type of agreement.  However, we believe that completing the building would eliminate a problem and would allow the project to be completed with little or no exposure to the City of Port Orange.  Also, it would add the building and its improvements to the tax roll.  Although we do not know what the exact amount of the property taxes, we have reason to believe that they would pay more than $10,000 annually in property taxes to the City of Port Orange.  There would be additional fees collected including water, sewer, reclaimed water, solid waste, drainage, and business licenses.


I.              PUBLIC SAFETY (Gerald Monahan)

Item 17 -        Resolution No. 11-16 – Traffic Enforcement Agreement for Cypress Head Residential Homeowner’s Association, Inc.


Staff has worked with the Cypress Head Residential Homeowner’s Association, Inc. to finalize the Traffic Enforcement Agreement that is required by Florida Statutes 316 and recommends the approval of the agreement with Cypress Head Residential Homeowner’s Association.


Staff recommends Council approve Resolution No. 11-16 authorizing the City to enter into a Traffic Enforcement Agreement with Cypress Head Residential Homeowner’s Association, Inc. and authorizing the Mayor and City Manager to execute the agreement.


J.            HUMAN RESOURCES (Rob Zicker)

Item 18 -        Approval of the Ranking of Health Insurance Proposers and Authorization to Proceed with Negotiations of a Renewal Contract with Florida Health Care/Blue Cross Blue Shield


Medical Proposal Comparison Spreadsheet

The City’s medical plan will renew on 07/01/11.  On 01/12/11, The City issued a RFP for fully insured medical and dental insurance quotes.  The City received three proposals.  A committee was formed to review and rank the proposals.  Florida Health Care/Blue Cross Blue Shield was ranked highest by the committee.  If Council is in agreement with the Committee’s ranking, the next step will be to begin negotiations with Florida Health Care/Blue Cross/Blue Shield.


Attached are the reports that were used by Siver Insurance Consultants and presented to the Health and Dental Selection Committee.  The additional extensive materials that were submitted by each provider are available to be viewed in the purchasing office.


Staff recommends approval of the ranking of health insurance proposers and to authorize the City Manager (or his designees) to proceed with negotiating a renewal contract with Florida Health Care/Blue Cross Blue Shield


City Manager Comments: The City used an insurance advisor to assist in preparation of the specifications and worked with the committee in evaluating the carriers.  The rates quoted by Florida Health Care/Blue Cross/Blue Shield would result in a rate increase.  However, the City staff desires to be able to negotiate with the company on the final rates.  Our renewal date is July 1, 2011.  After completing negotiations with the company on rates, the formal contract would be brought back to the City Council for their approval.



Item 19 -        Comments/Concerns from Council Members


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


Item 20-         City Council Committee Reports


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