To:                   Mayor Allen Green

                        Vice Mayor Bob Pohlmann

                        Council Member Bob Ford

                        Council Member Donald Burnette

                        Council Member Dennis Kennedy


From:              Kenneth W. Parker, City Manager


Subject:          Agenda Commentary for Regular City Council Meeting of

                        February 28, 2012


Date:               February 21, 2012



Originally, we had scheduled a continuation of the Public Safety Workshop for this meeting.  However, I spoke with Shannon this morning about additional items that need to be in the presentation after hearing the questions raised by the City Council last night.  We will be scheduling the workshop session at a later date after additional materials are put together for the City Council.




Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call




Item 4 -           Local Business Spotlight


The Port Orange-South Daytona Chamber of Commerce will present the featured business of the month.




Item 5 -           Board Appointments


a.    Planning Commission

b.    Police Pension Fund Board


Appointments need to be made to the Planning Commission and the Police Pension Fund Board.



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.


E.   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 -           Historic Tree Removal Request – Residential Property, 6084 Summerlake Drive


This is a request from the property owner Ms. Norma Shupe, to remove one historic Live Oak tree pursuant to Ch. 9, Art. II, Sec. 16.5 of the Port Orange Land Development Code (LDC). The tree is 45 inches in diameter and is approximately 50 feet tall with a spreading canopy that encompasses most of the backyard.  Ms. Shupe would like approval to remove this tree to avoid incurring property damage to her pool and house foundation.

The tree is located 12 feet from the edge of the pool and 15 feet from the house foundation.  Ms. Shupe became concerned with the close proximity of the tree to the pool and house and hired a certified arborist to inspect and provide an assessment of the tree.  The arborist concluded that the tree is in good health and could tolerate limb and root pruning.  He suggested that the roots be exposed to determine where they are and how large a threat they pose.  He also suggested pruning the canopy to alleviate present and future conflicts between the tree and the house.  Ms. Shupe considered these recommendations and decided she would rather seek approval to remove the tree and avoid future problems instead of investing time and money towards what would be recurring conflicts with the tree and the house.  Staff concurs that the pool and the house are too close to the tree making conflicts with roots and limbs inevitable.

Pursuant to Chapter 9, Article II, Section 16.5 historic trees on single-family lots that are approved for removal by City Council shall be replaced whenever the proposed removal will result in fewer trees than required for single-family residences as outlined in Section 5.5, Chapter 13. Based on the foregoing criteria the property will not need replacement trees (4 shade trees are required and the property has 5 shade trees, 6 palms and 3 understory trees that will remain). 

Staff recommends approval of the historic tree removal request.

Item 9 -           Final (Deductive) Change Order #1 with Eden Site Development Inc. for the Nixon Lane Area Utility Improvements Bid No. B11-01


Eden Construction has now completed the Nixon Lane area improvements. Several project additions and deletions were included during the course of the construction. In addition, final quantities were measured and agreed to between the contractor and our engineering consultants. Final payments have now been calculated with cost adjustments computed in accordance with the contractual unit prices, actual work performed, and materials provided.

Overall the project in its entirety included 1) a new sewer collection system constructed along Nixon Lane, 2) a new upsized water system including all new services and meters along the entire length of Nixon Lane and Biro Drive, 3) replacement of a 30+ year-old sewage pump station, 4) reconstruction and overlay of existing roadways along Nixon, Biro Drive, and Sugar Grove Lane, and 5) storm water pipe replacements and headwall improvements.

It should be noted that the project exceeded the contract time.  Therefore, appropriate liquidated damage costs were assessed in accordance with the contract to offset expenses incurred by the City for Construction Management Services.

The collective project team from the engineer, the contractor, and the City has agreed on final unit pay quantities based upon actual construction.  The result is a Final Deductive Change Order #1 in the amount of $95,370.53 making the final contact amount $922,439.47.  We request your approval of this final deductive change order authorization in order to make final payment, contingent upon receipt and staff approval of all standard required contract close-out documentation. 

Staff recommends approval of the Final (Deductive) Change Order #1 to Eden Site Development Inc. for the Nixon Lane Area Utility Improvements for a deductive amount of $95,370.53, authorizing final payment contingent upon receipt of any and all final lien releases and claim settlements and other standard contract close-out documentation, and authorizing the Mayor and City Manager to execute the associated contract documents as necessary.


Item 10 -        Concurrency and Fair Share Agreement for Gateway Center Lot 6A – Multi Tenant Retail, Case no. 11-80000018


The proposed Fair-Share Agreement has been prepared in conjunction with the site plan for the development of a 10,500 square foot retail multi-tenant development located on the west side of Dunlawton Ave., south of Yorktowne Blvd., in front of the existing Lowe’s. The traffic impact analysis (TIA) completed by Lassiter Transportation Group, Inc., projects impacts to the Dunlawton Ave./Taylor at I-95 intersection and Summer Trees Road upon completion of this project.  The $54,874.00 fair-share mitigation payment will go toward the cost of the Dunlawton/Taylor and Summer Trees Road improvements (see Exhibit A-2 of the agreement).  The agreement has been executed by the property owners and is attached for review.


The site plan has been reviewed by staff and found to be in compliance with the City’s development requirements. A Development Order will be issued upon City Council approval of the Fair-Share agreement and receipt of the fair-share mitigation payment. 


Staff recommends approval of the Concurrency and Fair-Share Agreement for the Gateway Center Lot 6A – Multi Tenant Retail Site Plan.

Item 11 -        Amendment 3 to Contract for Professional Engineering Services for Site Development with Zev Cohen & Associates for a Multi-Purpose Field at Coraci Park


The City has been working cooperatively with Pop Warner on the construction of a field at Coraci Park and has secured ECHO dollars to assist with the project.  As a part of this project, Pop Warner provided certain in-kind services related to design and was planning to provide additional assistance through volunteer construction labor and the procurement of goal posts and other amenities.  After additional consideration and analysis, Pop Warner is considering an alternative site for their field.  For the City to continue with the development of a multi-purpose field and competitively bid the construction, additional design services are needed to complete permitting, bid documents and construction administration.  Bobby Ball with Zev Cohen has already completed the majority of design work as an in-kind service, but the plans need to be finalized for bidding and construction purposes.

The City has $112,000 budgeted for the design and construction of the field which includes $25,000 from D.R. Horton and $87,000 from the remaining Coraci Park funds.  The additional design and permitting, bidding and construction administration with Zev Cohen is in an amount not to exceed $10,281.  Funds are available in the Coraci Park Phase II Project, QPC034, Account 611-5100-572-63-97.

If approved, the City’s Project Manager will be Susan Lovallo, Parks & Recreation Director; the Consulting Engineers and Construction Administrators will be Zev Cohen & Associates; the construction will be competitively bid and brought back to Council for approval; and the City Attorney’s Office has recommended utilizing a standard contract for services agreement due to the cost and limited amount of improvements.

Staff recommends approval of Amendment 3 to the Contract for Professional Engineering Services for Site Development with Zev Cohen & Associates for a multi-purpose field at Coraci Park and to authorize the Mayor and City Manager to execute the associated documents.

G.   FINANCE (John Shelley)


Item 12 -        Second Reading – Ordinance No. 2012-3 – Fire Impact Fees


Attached is the Fire Impact Fee Ordinance that will allow implementation of the new proposed rates by Resolutions. Current rates are established by Ordinance; however, this change will allow new rates, as directed by Council, to be implemented by Resolution.

The proposed subsequent Resolution to be presented later in February will temporarily reduce residential fire impact rates by $100 (from $270 to $170).   Recreation impact fees will also be reduced temporarily by $250 in the same Resolution.

Staff recommends approval of Ordinance 2012-3 regarding Fire Impact Fees.


Item 13 -        Resolution No. 12-10 - Establishing Fire Impact Fees


Ordinance 2012-3 removed fire impact fees from the City’s Code of Ordinances, so that they may be established by Resolution. This Resolution establishes the Fire Impact Fees at the rate previously established in the Fire Impact Fee Ordinance.


A proposed subsequent Resolution will be presented which temporarily reduces the fire impact fee, as well as the recreation development fee. Once the temporary fee reduction expires, the fees will go back to those put in place prior to the reduction.


Staff recommends approval of Resolution No. 12-10 Establishing Fire Impact Fees.


City Manager Comments: This is a procedural Resolution since the Fire Impact Fees were originally established by Ordinance.  2012-3 authorizes the establishment of the fee by Resolution.


Item 14-         Resolution No. 12-11 Fire and Recreation Impact Fees


City Council has had discussions regarding modifications of Fire and Recreation Impact Fees.  This month a City Ordinance was approved to allow change in these impact fees by Resolution.  The attached Resolution reduces these fees temporarily from March 1, 2012 to February 29, 2013.  Recreation impact fees on residential construction are reduced by $250 per unit ($1,525 to $1,275, etc.) and Fire impact fees are reduced by $100 for residential (from $270 to $170) and a proportionate amount for non-residential equaling 7 cents per square foot (from 20 cents to 13 cents).

Staff recommends approval of Resolution No. 12-11 Fire and Recreation Impact Fees.

City Manager Comments: This is the Resolution that establishes the reduction in fees for the period March 1, 2012-February 28, 2012.  In the Fire Impact Fee area, the reduction is the same percentage reduction that was granted to the residential users. 

Item 15 –    Monthly Financial Report


Attached is the Monthly Financial Report.  If you have questions, please contact either John Shelley or me.


H.   CITY MANAGER (Ken Parker)


Item 16 -        Discussion regarding roads and sidewalks in Willow Lake Subdivision


There is a conflict on the Springwood Plat (Willow Lake).  In the dedication is the normal street dedication.  However, the plat contains a note that the street is private.  In 1981, the City Council required the HOA to remove speed bumps from Moonstone Court.  The City has treated this as a public street. Before we tell them that the City will make the repairs to their sidewalks, I wanted the Council to be aware of the past interpretation and application.  For years, we have treated them as public streets.



Item 17 -        Comments/Concerns from Council Members


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


Item 18 -        City Council Committee Reports


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