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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

                         January 17, 2012


Date:               January 11, 2012



A.           OPENING


Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call




Item 4-            Police Recognition Awards


The police department would like to present citizen commendation awards to selected citizens in Port Orange.


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




Item 5 -           Board Appointments

a.    Fire Pension Fund Board

 One appointment needs to be made to the Fire Pension Fund Board which must be filled by a public member appointed by the City Council. The term expires on February 15, 2014. Jim Reardon has expressed an interest in being reappointed. There are no other applicants.


Frank Sheridan has been elected by the Board to serve another term that will expire on December 31, 2013. Mr. Sheridan’s appointment must be ratified by Council.


Staff recommends appointment of Jim Reardon and ratification of the appointment of Frank Sheridan to the Fire Pension Fund Board.




Item 6 -           Approval of Minutes


a.    January 3, 2012 – Regular City Council Meeting


Attached are the City Council meeting minutes from the meetings held recently.  Should you have questions, please feel free to contact Robin or me.


Item 7 -           Staff Reports- Building Activity Report and Monthly Development Activity Report for December 2011


The attached Staff Reports include the Development Activity Report and the Building Activity Report for December 2011. These reports provide information on proposed development and projects under construction, commercial code enforcement activity and monthly building permits and inspection updates.


Staff recommends Council accept the Staff Reports (Building Activity Report and Monthly Development Activity Report) for December 2011.


Item 8 -           First Amendment to the Contract for Professional Engineering Services for Site Development with Zev Cohen & Associates for the design and permitting of the Herbert Street Sidewalk from Golden Gate Circle to Nova Road


Staff recommends that Council approve the first amendment to the existing contract with ZCA to design and permit a segment of sidewalk on Herbert Street in an amount not to exceed $22,000. A total of $22,000 will be reimbursed through the Local Area Program Agreement with FDOT. ZCA is one of three engineering services consultants previously selected under a continuing services contract pursuant to RFSQ 10-06. Funding is available from account #301-4300-541-63-97 under Project #OMI008.




Item 9 -           Approve an (IRC) identical requirements contract (formerly piggybacking) utilizing the existing open contract established by the County of Volusia for “Temporary Employment and Employee Leasing Services, Bid #09-B-86PW” through August 2012, with the option to renew twice for one year.


The purpose of this contract is to furnish Temporary Employment and Employee Leasing Services for the City of Port Orange Human Resources Department utilizing the County of Volusia Bid #09-B-86PW. Temporary Employment and Employee Leasing Services allows the City of Port Orange Human Resources Department to:


A. Handle seasonal, peak workloads or special projects

B. Reduce personnel overhead expenses

C. Fill in during temporary absences of permanent employees

D. Evaluate positions for permanency

E. Supply specialized needs


Funding is based on each departments needs as approved by the City Manager.


Staff recommends approval to enter into a (IRC) identical requirements contract with a selected vendor pursuant to the County of Volusia for “Temporary Employment and Employee Leasing Services, Bid #09-B-86PW” through August 2012, with the option to renew twice for one year. 


Item 10-         Annual Paving Program FY2012 – Approval to Utilize Volusia County’s Contract with P&S Paving, Inc.


Staff has identified the roadways in need of resurfacing for the 2012 Paving Program.  The spreadsheet attached lists the roadways to be resurfaced, condition, year originally constructed and cost to resurface each.  Staff requests approval to utilize a competitively bid contract through  Volusia County with P&S Paving Inc. in order to obtain asphalt at a cost not to exceed $80.28 per ton.  Total estimated cost to resurface roads as shown is $469,159.00.  Funds are available in Account #30143005416397,

Project #POL035.


Staff recommends approval to utilize a competitively bid contract with Volusia County, Bid# 09-B-137W, with P&S Paving Inc. to resurface roads as outlined in the FY2012 Paving Program for a total cost not to exceed $469,159.00.


Item 11-         Authorization to issue a Request for Proposals (RFP) for sale or exchange of property in the Riverwalk Project Area – RFP #12-2


To facilitate redevelopment in Town Center, staff has prepared a Request for Proposals (RFP) for the sale or exchange of select City & CRA lands within the Riverwalk Area of Port Orange Town Center.  The properties subject to this RFP are identified on the attached map.  This map also depicts the lands sought by the City & CRA to complete the land assembly for the Riverwalk Park.  

Since RFP#12-2 addresses both CRA and City-owned property, both bodies must approve issuance of the RFP.  Pending these approvals, RFP #12-2 will formally be issued and advertised pursuant to Florida Statutes.


Staff recommends approval to issue RFP#12-2, and to designate the Town Center CRA members as the Proposal Evaluation Committee.


City Manager Comments: The Town Center Community Development Agency met on Tuesday, January 10, 2012.  They have reviewed the Request for Proposals and have recommended that the RFP be advertised.  This is a land transaction, not a request for development proposals.  The RFP provides for the sale of City and CRA property or to swap properties with the private sector

in order to achieve CRA and City Council objectives in the Riverwalk District of the Town Center CRA.  The Town Center CRA decided that they wanted to act as the evaluation committee.  That change has been made to the RFP.  IF you have questions, please feel free to contact Donna, Wayne or me.


Item 12 -        Bidder selection of Cloud 9 Services, Inc., d/b/a Fender Marine Construction for Dock Repairs at Riverside Park and three Causeway Fishing Piers pursuant to Bid B12-03


Two bids were received for the required repairs to the dock at Riverside Park and three causeway fishing piers in response to Bid B12-03.  American Marine bid $36,000 and Fender Marine Construction bid $23,149.74.


Staff recommends selection of Fender Marine Construction.  


Project number:  QPC038

Funds are available in:  315-5100-572-6397


Staff recommends Council approve selecting Cloud 9 Services, Inc., d/b/a Fender Marine Construction as the lowest and best bidder to repair the dock at Riverside Park and three Causeway fishing piers pursuant to Bid B12-03, subject to the preparation and delivery of the legally approved contract documents; and to authorize the Mayor and Manager to execute the contract and any other necessary documents





Item 13 -        Citizen Advisory Committee for TPO


Bobby Ball will attend to bring you up to date on the activities of the Citizen Advisory Committee for the Transportation Planning Organization.

G.           FINANCE (John Shelley)


Item 14 -        Resolution No. 12-2 Budget Appropriations for Yorktowne


In February 2009, the City Council approved a Transportation Cost Allocation agreement with the Pavilion at Port Orange.  This agreement provides for funding for the south section of Yorktowne Blvd.  These funds have been held as a deposit in the Transportation Capital Project fund (#306).  The attached resolution appropriates budgets, revenues, and expenditures for the south section of the Yorktowne Blvd. project.  Staff recommends approval.





CASE NO. 11-80000011


Revised Public Improvements Agreement


Existing Projects Exhibits A-1 and A-2


Existing Projects Exhibits B-1 and B-2


Existing Projects Exhibits C-1 and C-2


Existing Projects Exhibits D-1 and D-2

Concurrency Agreement


The Altamira (Four Lanes, LLC) and Dunlawton Yorktowne (Dunlawton Yorktowne, LLC) properties are located on the east side of Dunlawton Avenue, between Taylor Branch Road and Yorktowne Boulevard.  The proposed development of these properties consists of 336,000 SF of retail/office along with associated site improvements.  The 336,000 SF includes the proposed Altamira project (205,000 SF) currently under review and development capacity for the Dunlawton Yorktowne property (131,000 SF). The traffic impact analysis completed by Lassiter Transportation Group, Inc., projects impacts to the Dunlawton Avenue/Clyde Morris Boulevard intersection, the I-95 interchange area, the Summertrees Road extension, and the Yorktowne Boulevard extension upon build-out of the sites. 


Upon completion of the Yorktowne Boulevard improvements the the City shall cost participate with the property owners in the construction of the Yorktowne Boulevard extension project. The maximum amount the City will put toward the project is $2,400,000 plus credits for fair share fees and transportation impacts fees and other certain contributions.


Funding # 301-4300-451.63-97, 312-4300-541.63-97, and 412-1800-541.63-97


Staff recommends Council approve Concurrency and Fair Share Agreement and the Public Improvement Agreement.


City Manager Comments:  I have added this item to the Agenda.  We are still working on the Public Improvement Agreement for Altamira.  You have seen the correspondence back and forth between the parties over the past several days.  The Altamira developer has agreed that the Taylor Road portion of the project should not be included in the cost since this is a County requirement, not a City requirement.  The improvements that are happening at the Dunlawton and Taylor Branch are eligible cost since those are related to the DRI funds.  From correspondence that I received from the County, it appears that the church access on Taylor Road has been addressed.  The County is awaiting re-submittal from the developer’s engineers making the modifications.  I have questioned the cost provided us concerning the lane improvement cost on Dunlawton Avenue.  It appears that we are close to having those finalized.  Margaret is finishing the document and it probably will be submitted to you Thursday.  If the item is not completed, then we will withdraw the item from the City Council Agenda and move it to the 24th


I.              COUNCIL COMMENTS



Item 16 –       Council Priorities


In December, Mayor Green requested that the City Council bring to the next Council Meeting their priorities for 2012.


City Manager Comments: Annually, the City Council states what it hopes to achieve in the upcoming year.  These priorities provide direction to the City staff. 


Item 17 -        Comments/Concerns from Council Members


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