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

                        October 25, 2011


Date:               October 19, 2011


At 5:30 p.m., Wayne Clark will be making a presentation on two subjects.  The first subject is the Ridgewood Corridor Plan and the second is a discussion on the reuse of the former Police Headquarters building on Dunlawton Avenue. 




Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call




Item 4 -           Local Business Spotlight – Country Inn and Suites


The Port Orange-South Daytona Chamber of Commerce will present the featured business of the month, Country Inn and Suites.


Item 5 -           Recognition Awards – Police Department


The police department would like to present one Citizen Award and six police officers with an Award of Achievement.




Item 6 -           Report from KemperSports Management regarding Cypress Head Golf Course


At this time, a representative of KemperSports will make a report to the Council regarding the activities of the golf course.


D.   CITIZEN PARTICIPATION (Non-Agenda- 15 minutes)




Item 7-            Project Managers’ Report


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


Item 8 -           Affordable Housing Assistance – 1130 Herbert Street


Mr. Brian Parent, representing JPM Development, LLC, has requested assistance from the City of Port Orange in pursuit of affordable housing tax credit funding through the Florida Housing Finance Corporation (FHFC) for the 2011 application cycle.  The letter of application and associated materials describing the 60-unit senior apartment community proposed by JPM Development is attached for review.  The location of the proposed project is on a 3.78 acre vacant parcel at 1130 Herbert Street, immediately east of the 4.55 acre Nova Oaks site that was previously approved for local participation for this same purpose.  The current Future Land use designation and zoning of the property would allow the proposed development, although a detailed site plan has not been reviewed to assure that the maximum theoretical development of 60 units on this site can be achieved.

Since the Florida Housing Finance Corporation would not likely approve two projects adjacent to one another in the same community in the same application cycle, the $75,000 in CDBG funds committed for the Nova Oaks project could also be committed to this project.   If the Council wishes to grant financial support to this project, then staff recommends applying similar conditions to this applicant as was applied to the approval of the Nova Oaks application.   Those conditions are attached for review.


Staff recommends approving the request of JPM Development, LLC, for $75,000 in local participation in pursuit of affordable housing tax credit funding from the Florida Housing Finance Corporation in the 2011 application cycle, subject to the six (6) conditions recommended by staff.


Item 9 -           Award Bid Number 11-18 for Golf Carts for Cypress Head Golf Course


Staff recommends that E-Z-Go, a Division of Textron, Inc. be awarded Bid Number 11-18 for the purchase of 75 Golf Carts TXT 48 Volt Electric, 1 Carryall Unit MPT 800G, and 1 Beverage Cart MPT 1200 at a cost not to exceed $225,117.00.  Funds are available in Account No. 505-1000-580-64-00.


Staff recommends award of Bid Number 11-18 to E-Z-Go, a Division of Textron, Inc., for the purchase of Golf Carts for Cypress Head Golf Course and authorize the Mayor and City Manager to execute all of the necessary contract documents, subject to City Attorney review and approval of all contact documents.


City Manager Comments:  Only one bid was received for carts.  All of the major cart manufacturing firms were invited to bid.  The last time we accepted bids, we received two bids, one from E-Z-Go and the other from Club Car.  The bid specifications did not contain any unusual conditions that would have prevented the other manufacturers from bidding.  Only E-Z-Go attended the pre-bid conference.  KemperSports has indicated that the pricing is similar to what they have seen and received at other courses that they operate and manage.


Item 10 -        Change Order #2 – Quentin Hampton/City Hall Roof Inspection


Quentin Hampton Associates has submitted Change Order #2 for the additional amount of $14,375.00 for additional inspection hours needed on the roof project at City Hall.  As shown on their letter attached, total estimated additional hours is 250 and are required due to additional time it has taken the contractor to complete the work.  Funds are available in Account #31710005806397, Project AIO008.


Staff recommends approval of Change Order #2 for the additional amount of $14,375.00 to Quentin Hampton for additional roof inspection hours.


Item 11 -        Proposed License Agreement – Lot 14, River Oaks PUD Subdivision (6205 Oak River Terrace; Tax parcel #6327-03-00-0140)


Stephen W. Farney and Beryl Farney, the owners of the subject property, have applied for a Right-of-Way License Agreement from the Department of Community Development. The application was made in connection with a proposal to reconstruct the driveway and the right-of-way apron for their home with decorative pavers.


The License Agreement Application has been reviewed for completeness and accuracy. The area has been inspected with respect to City Codes and possible effects to adjacent properties resulting in no outstanding concerns. The applicant has obtained homeowner association approval for the proposal. A building permit application has been submitted for the proposal as described.


The applicant has been advised of applicable requirements and the License Agreement review process. The applicant has agreed to provide sufficient liability insurance and has submitted a certificate of insurance listing the City of Port Orange as an additional insured for the proposed pavers to be placed in the street right-of-way. The license 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 authorization for the Mayor and City Manager to act on behalf of the City to execute a License Agreement for Lot 14, River Oaks PUD Subdivision.


Item 12 -        Special Event Request for APCO International


Staff has have received a Special event request from Patricia Giannini, Events Manager for the Association of Public-Safety Communications (APCO) International, to hold a Major Special Event in Aunt Catfish’s Restaurant parking lot.  The proposed event is the 1st Annual “Run for 9-1-1” planned for January 14, 2012. The proposed hours for the event are from 8:00 a.m. until 10:00 a.m.  This will be the first Special Event for this location in 2012. Additionally, Ms. Giannini is requesting the use of the City-owned dirt parking lot at the northeast corner of Dunlawton Avenue and Halifax Drive.


Staff recommends approval of the Special Event request for APCO International at Aunt Catfish’s Restaurant, and to waive the $250 surety bond, subject to nine conditions on the attached staff report.


Item 13 -    City agreement with Four Lanes LLC; Dunlawton Yorktowne LLC; P&S Paving, Inc. and Volusia County relating to the grant of two easements for the B-19 Canal relocation


Easement Agreement


Four Lanes LLC and Dunlawton Yorktowne LLC (the “Developers”) have submitted draft plans to the Community Development Department for the relocation of the B-19 Canal as shown on the attached location map. The City owns two parcels: “Crosby”, a triangular parcel purchased in 2006 to facilitate the construction of the Yorktowne Blvd Extension at Dunlawton Avenue and “FDOT Pond”, the parcel lying to the east. In order for P & S Paving, Inc. to commence construction on the city’s property, the Developers have been required to obtain the easement agreement for Volusia County and the Developers/Contractor as attached hereto.

Staff recommends approval of the use of city property subject to the execution of the easement agreement as attached hereto and recording prior to commencement of construction.


City Manager Comments:  For several weeks, staff has been working with representatives of Four Lanes LLC and Dunlawton Yorktowne to complete the easements needed for them to be able to relocate the canal and begin construction of the canal improvements as well as the road improvements.  As you know, the canal is being relocated to the eastern edge of the property.  This easement crosses two pieces of City owned property, the Crosby piece and the FDOT retention pond piece. 


If approved, this will allow Altamira to move forward to construct the relocation of the B-19 canal portion of their project.  They are still working with staff concerning the final details of the Master Development Agreement.  That should be completed shortly and brought before the City Council.


F.    FINANCE (John Shelley)


Item 14 -        Second Reading – Ordinance No. 2011-28 – Authorization of the issuance of not to exceed $3,050,000 Stormwater Utility Refunding Revenue Bonds, and not to exceed $40,350,000 Water and Sewer Refunding Revenue Bonds to Refund City’s Outstanding Stormwater Utility Revenue Note, Series 2008, Water and Sewer Refunding Revenue Bonds, Series 2003, and certain Water and Sewer State Revolving Fund Loans, Providing for Payment of Such Refunding Bonds from the Funds Pledged to the Payment of the Refunded Debt


During the City’s evaluation of outstanding debt it was determined to be desirable to provide for the refunding of certain outstanding Debt pertaining to the following:


Some of all of the Stormwater Utility Revenue Note, Series 2008, some or all of the outstanding Water and Sewer Refunding Revenue Bonds, Series 2003, and some of the State Revolving Funds Loans (collectively, the “Refunded Debt”) in order to reduce debt service on the City’s outstanding debt, including the debt service on the Refunded Debt.

It is also necessary and desirable to provide for the issuance of not exceeding $3,050,000 Stormwater Utility Refunding Revenue Bonds, Series [to be designated] and not exceeding $40,350,000 Water and Sewer Refunding Revenue Bonds, Series [to be designated] collectively, the “Refunding Bonds” of the City to refund the Refunded Debt. The attached Ordinance authorizes this transaction. 


Staff recommends approval of Ordinance No. 2011-28.


City Manager Comments:  Our Code of Ordinances requires the City Council to enact an Ordinance prior to the issuance or refunding of bonds.  In recent days, our Financial Advisor, Toby Wagner, has identified potential bonds and State Refunding Fund loans that maybe candidates for refunding.  Interest rates are at historic low levels which may allow the City to lower its cost and/or shorten its term of the debt.  I have asked Toby to provide us with interest rate sensitivity computer runs in order to provide with an indication of the potential savings that could be achieved if refunding were accomplished.  If the City Council agrees to move forward, I will be recommending to the City Council competitive bids be received for the refunding of the bonds.  Not all the bonds or outstanding loans maybe a candidate to refund at this time.  By enacting the Ordinance, the City is positioned to take advantage of the market condition. If it does not produce the savings the City Council believes to be in the best interest of the tax and ratepayers, then the bonds don’t have to be issued. 


In the review of the outstanding bonds, Toby did find additional drainage bonds where potential savings could be achieved.  Rather than amending this Ordinance and placing it back on first reading, an additional ordinance with the additional refunding bond authorization in order to achieve potential savings will be brought back to you. 




Item 15 –    Second Reading – Ordinance No. 2011-27 – Land Development Code Amendments/Miscellaneous Revisions and Improvements, 11-25000003


At the June 23, 2011 Planning Commission Meeting, the Planning Commission recommended approval (6-0) of the proposed amendments intended to improve the content of the existing code, as part of an ongoing code maintenance effort.


The amendments to the code are classified under two categories: 1) omissions, clarifications and minor changes and 2) code improvements. The first category consists of omissions and clarifications that are clean-up items that make the code more efficient to use but do not change the content. The code improvements sections includes changes to the content of the existing code that are intended to address problems or issues encountered when applying the code to actual developments.  Please see the attached staff report for more information.


Staff recommends approval of Ordinance No. 2011-27, adopting the proposed amendments to Chapters 2, 5, 6, 9, & 10-17 of the LDC, regarding miscellaneous revisions and improvements to the code.


Item 16 -     First Reading – Ordinance No. 2011-31 – Ratify Zoning of a 9 acre portion of 225 acre property (previously part of Woodhaven/Stanaki PUD)


On July 26, 2011, the City Council adopted Ordinance 2011-11 rezoning ±216 acres of a 225-acre property purchased by the City in 2007, lying east of I-95, west of the Spruce Creek Preserve, and south of Spruce Creek, from Planned Unit Development (PUD) (part of Woodhaven PUD, formerly Stanaki) to Government/Public Use (GPU).

This current ordinance ratifies Ordinance No. 2000-52 that the remaining 9-acres of the overall 225-acre property is zoned as Flood-plain Conservation (F-C).


Staff recommends adoption of Ordinance No. 2011-31, ratifying the zoning of ±9 acres, of a 225-acre property, as Flood-plain Conservation (F-C).


H.   PUBLIC SAFETY (Jerry Monahan)


Item 17-         Crime Report


The Port Orange Police Department will present a report which details criminal activity in the last quarter.




I.      PUBLIC WORKS (Warren Pike)


Item 18 -     Second Reading – Ordinance No. 2011-23 – Granting Exclusive Franchise for Collection and Disposal of Solid Waste, Yard Waste, and Recyclable Materials (CONTINUED FROM SEPT. 20, 2011)


The Ordinance grants an exclusive franchise to Veolia ES Solid Waste Southeast, Inc., for the collection and disposal of solid waste, yard waste, and recyclable materials within the City of Port Orange. Veolia, as Franchisee, has the necessary equipment, personnel, and experience to properly perform the work and has been awarded the contract pursuant to City Bid B11-08 and the proposal accepted by the City.


Staff recommends adoption of Ordinance No. 2011-23.


Item 19 –   Second Reading – Ordinance No. 2011-30 – Award Roll-Off Franchise Agreement with Southeast Container Service, Inc. (Bid #11-20)


Staff advertised and received responsive submittals for the Non-Exclusive Franchise for Roll-Off Containers (Bid #11-20). Under this agreement, vendors are allowed to contract services with various organizations, firms or entities within the City of Port Orange for the collection and disposal of construction/demolition debris.  In exchange, each vendor pays the City a flat monthly rate of $85.00 plus $20.00 based on “per pick-up” of each container placed in service.  Each vendor must also provide roll-off containers for City use as specified in the ordinance.  The agreement will be effective October 1, 2011 through September 30, 2012.


Staff recommends approval of Ordinance No. 2011-30 granting a Non-Exclusive Franchise Agreement for Roll-Off Containers to Southeast Container Service, Inc.


Item 20 -    Approval of the Solid Waste Contract with Veolia ES Solid Waste Southeast, Inc.,


Staff recommends approval of the attached contract.


City Manager Comments: Normally, this would have been on consent agenda.  The City Council cannot formally award the contract until after Ordinance 2011-23 is adopted.  We are working with Veolia related to the site plan and the improvements that will have to be made to the property because of the change of use on the property. 




Item 21 -        Comments/Concerns from Council Members


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



Item 22 -        City Council Committee Reports


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