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

                        April 17, 2012


Date:               April 11, 2012





Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call





Item 4 -         Eagle Scout – Richard C. Devins, Jr.


A proclamation will be presented to Richard C. Devins, Jr. in recognition of his achievement in attaining the rank of Eagle Scout. Richard was unable to attend the meeting on April 3, 2012 due to his school work.





Item 5 -           Police Recognition Awards


The police department would like to present one police officer with an Award of Merit, two police officers with an Award of Achievement and one citizen commendation.


Item 6 -           Audit Report


Tuesday night, Alex Kish from Brent Millikan & Company, P.A. will be in attendance to present the City’s Annual Audit.  If you have not had an opportunity to meet with Mr. Kish and would like to do so, please feel free to contact Cindy and she will arrange a meeting time and date with him.




This is the regular quarterly meeting of the Eastport CRA.  Both the annual and quarterly reports will be presented. 




There are a number of items on the Town Center CRA Meeting.  Both the quarterly and annual reports will be presented.  Additionally, the CRA will be asked to authorized the negotiation of a contract for the land swap as per the discussions on April 3. 


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




Item 7–        Approval of Minutes


a.    March 27, 2012 – Regular City Council Meeting

b.    April 3, 2012 – Special City Council Meeting (Police Pension)

c.    April 3, 2012 – Regular City Council Meeting


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


Item 8-         Appraisal Services – Riverwalk Properties


Quotes for appraisal services were requested from appraisers on the State of Florida’s list of qualified appraisers for State land acquisition.  Twelve (12) appraisers whose offices are located in Volusia County were invited to submit quotes.   Three (3) appraisers submitted quotes for appraising the sixteen (16) parcels that are the subject of RFP #12-2.  A map of the subject parcels or portions of parcels to be appraised is attached for reference. 


The bids received were $30,000; $29,600 and $21,000, submitted by Doyle Appraisal Services, Inc.; George Goodman Consulting, Inc.; and Pomeroy Appraisal Associates of Florida, Inc., respectively.  All three (3) firms indicated they could complete the job within 45 – 60 days.


City Resolution No. 12-9, approved by the City Council on February 2, 2012, appropriated $50,000 in FY 2011 Carry Forward Funds to account #001-1000-519-31-13 for these appraisal services.


Staff recommends waiver of the purchasing procedure for one (1) vendor with a cumulative total quote that exceeds the $25,000 bid threshold and to authorize the Mayor and City Manager to execute Agreements for Appraisal Services with the two (2) vendors that gave the lowest quotes.


City Manager Comments: Although I have placed this item on consent agenda, it might be good to consider this item at the same time as authorization to proceed forward with the land negotiations.  Normally, this would be something that would be on consent agenda.  However, the discussion about Riverwalk may influence whether you want to proceed forward with having the appraisal completed.  Our procedure requires appraisals of the property. 


Item 9 -        Validation of Purchase of Replacement Lift Stations from Smith & Loveless, Inc.


On October 18, 2011, City Council approved the purchase of (7) lift stations from the Sanders Company in the amount of $249,552.  Sanders Company is the regional supplier of parts and service for over 100 Smith & Loveless lift stations within the City’s wastewater collection network.

For more than 20 years, the Public Utilities Department has coordinated the purchase and replacement of lift stations with Sanders Company.  However the actual requisition and check has been issued to the manufacturer, Smith & Loveless, Inc.  Therefore the recommended motion and action should have been for the approval of a purchase order to Smith & Loveless, Inc. rather than Sanders Company.

Smith & Loveless lift stations have proven to be highly reliable and easily maintained.  They have been the City standard for more than 30 years. The City currently has a five-year purchase agreement with Smith & Loveless, Inc. through October 2014. Meanwhile service and procurement of parts is handled by Sanders Company, who also assists in setting contract prices for Smith Loveless.   

An initial purchase order was initiated in the amount of $249,552.  However the actual cost was $756 less as Public Utilities staff right-sized a pump and motor for one of the lift stations in order to increase its operational efficiency and reduce annual operating costs.    

This project was previously approved and funded in the current FY 2011-2012 Capital Improvement Program under R & R Lift Station Project, #SLS002. Public Utilities staff respectfully requests validation of the purchase of these lift stations from Smith and Loveless, Inc.

Staff recommends validation of the recent purchase of seven replacement lift stations from Smith & Loveless for the reduced and revised amount of $248,796 per existing pricing agreement.


City Manager Comments:  The City has used Smith and Loveless lift stations for more than 30 years.  When the purchase order was brought forward to City Council it was to issue a purchase the lift stations from Sanders for Smith and Loveless Lift Stations.  However, the purchase order should have been issued to Smith and Loveless, not Sanders.


Item 10 –     Acceptance of ECHO Grant for All Childrens Playground Phase II


Recently, the Volusia ECHO Grant Review Committee ranked the City’s All Children’s Playground Phase 2 application the second highest for 2012.  The grant amount is $125,000.00.  A match of $125,000.00 ($100,000 cash & $25,000 in-kind land value) is required. The Parks and Recreation Department account number is 315-5100-572-6397 (Project #QPC030).


In order to fulfill Volusia County Council meeting deadlines, the attached ECHO Grant Agreement was signed. 


Staff recommends acceptance of the Volusia ECHO Grant Award in the amount $125,000.00 to construct the Phase 2 Playground improvements at the All Children’s Park.  




Item 11 –      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.



Item 12-         Second Reading – Ordinance No. 2012-6 – Amendment to the Code of Ordinances of the City of Port Orange, Florida, Chapter 50, Sections 50-58 and 50-61, increasing the number of members of the Parks and Recreation Advisory Board from seven to ten, authorizing the chairman to break a tie vote and increasing the number of members required for a quorum to six, and removing a restriction on service on other city boards


Due to a recent vacancy on the Parks and Recreation Advisory Board, several applications for appointment and for re-appointment were considered at the February 21, 2012 City Council meeting.  City Council agreed that the number of board members established by Ordinance should be increased from seven to ten.  Staff recommends amending the City of Port Orange Code of Ordinances, Chapter 50, Sections 50-58 and 50-61, increasing the number of Parks and Recreation Advisory Board Members, authorizing the Chairman to break a tie vote and increasing the number of members required for a quorum to six, and removing a restriction on service on other city boards.

Staff recommends approval of Ordinance No.: 2012-6.

I.      PUBLIC SAFETY (Jerry Monahan)

Item 13 -        Crime Report


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




Item 14 –       Resolution No. 12-17 – Dissolution of the 623 Fund – Public Works Employee Savings Fund


The City Council received a report from the City Manager concerning the Public Works Employee Savings Fund, Fund 623.  It was recommended that this fund be dissolved.  Monies that were formerly deposited into this fund from vending machines and the sale of scrap materials are now deposited into the most appropriate operating fund.


The resolution authorizes the closure of the fund and the disbursement of any remaining proceeds into the 301 Capital Project Fund to be used for traffic signs, sign material, or traffic control devices as well as any other transportation related expenses.

As of March 31, 2012 there was $4,526.60 in the Public Works Employee Savings Fund.


Staff recommends approval of Resolution No. 12-17 dissolving the Public Works Employee Savings Fund, Fund 623, and to disburse any funds remaining to the Capital Projects Fund 301 to be used for traffic control items or transportation related expenditures.

Item 15 -      Recommendation from Proposal Evaluation Committee- RFP #12-2 Riverwalk Land Sale and/or Trade

RFP #12-2 for the Sale and/or Trade of specified City and CRA owned land within the Riverwalk Project Area was released on February 13, 2012.  By the response deadline of March 14, 2012, only one (1) proposal was received.  The respondent was Port Orange River Walk LLP, Port Orange River Walk LLC, Halifax River Partners, LLC.

On March 27, 2012 and April 3, 2012, the Town Center CRA, sitting as the Proposal Evaluation Committee for RFP #12-2, met to interview and rank the proposal received.   At the conclusion of the Committee’s review, the Committee voted 6-1 to recommend to the Town Center CRA and the City Council to authorize staff to negotiate a land sale/trade with the sole respondent. 

Staff recommends acceptance of the recommendation of the Proposal Evaluation Committee for RFP #12-2, and to authorize staff to negotiate with the selected respondent.

City Manager Comments: The Town Center CRA recommended that the staff be authorized to negotiate a contract for trading of land.  The RFP was for trading or selling of land between Ocean Avenue and Dunlawton Avenue.  The goal of the City Council and the  CRA was to trade land with the private sector so that the private sector had land that it could develop and the City had the riverfront land that could be developed into a riverfront park. 

The proposal that was received from the private sector had conditions.  The CRA Evaluation Committees motion was to negotiate a land swap consistent with the Request for Proposal. 

Let me pose some policy questions for the City Council and the CRA.  Because there have been decisions made by the previous City Council and CRA that will affect the contract negotiations, staff needs City Council and the CRA to provide additional policy guidance. 

1.         Does the City Council and CRA desire the contract to be negotiated consistent with the RFP?

2.         The CRA and the City Council on February 24, 2009 approved the park concept plan developed by Gladdening Jackson.  The concept plan was developed in cooperation with the private land owners’ representative.  The purpose of the concept plan was to establish the “hard edge” for the park.  It was realized that private sector elements could change.  However, what the City Council and CRA decided that it was important to have the boundary set for the park so that both the private sector and the public sector would know the boundaries for development of the park and the private elements.  Does the City Council want staff to negotiate the land contract consistent with the “hard edge” that was established in the Gladdening Jackson Park concept plan?  Are there lands that were included in the concept plan that the City Council and CRA desire to exclude?   For example, the marina land site is considered as part of the parkland.  In their proposal, they have excluded this parcel from consideration. 

3.         Prior to obtaining appraisals on the property, does the CRA and City Council desire to have title work provided by the private sector showing ownership of their riparian rights, submerged land leases, and submerge land deeds?  At the last session, there were parcels that were shown on the map that were to be transferred to the City that were submerged lands.  Are there public or private submerged lands, riparian rights that should be excluded from negotiations?

4.         It is not unusual for a real estate contract to contain a requirement that zoning/land use changes be enacted prior to closing. The landowner has to sign the application authorizing the potential purchaser to act as the agent to pursue changes to the zoning/land use.  There are two elements to this policy question.  The first element, does the City Council and CRA want staff to sign the authorization for the proposed purchaser to pursue zoning and land use changes that maybe necessary.  Signing of the letter authorizing them to pursue zoning and land use shall not be construed as a guarantee of change in land use or zoning.  The Planning Commission and the City Council would act in their independent roles to review and make a decision related to zoning and land use.  The second element relates to the closing.  The RFP had a provision that the land contract negotiations be completed within 120 days.   Should the City Council and CRA establish an outside date for closing?   For example, closing should occur by April 30, 2013 unless mutually extended.

5.   As part of the property negotiations are there properties located south of Ocean that would be transferred to the City and CRA that the City Council and CRA would not consider leasing back to the private sector for an interim use?

Item 16 -        Voluntary Notice of Dismissal of the cross-claim brought by City of Port Orange in mortgage foreclosure case number: 2010-30388 CICI

The City holds a second mortgage on the homestead property of the Defendants pursuant to a SHIP funded down-payment assistance loan provided in 2007 in the amount of $60,000. In 2010, the first lender filed a notice of default for non-payment of the first mortgage and the City answered with a cross-claim on the second mortgage. Defendant asserts protection under the Servicemembers Civil Relief Act and the first lender voluntarily dismissed the foreclosure action. The City’s cross-claim is still pending in the Court. This voluntary dismissal is without prejudice and forbearance of the City’s rights on default of the mortgage is not a bar to a later prosecution of those rights, if and when the first lender recommences an action to foreclose.

Staff recommends approval of the Voluntary Notice of Dismissal in the matter of Case 2010 30388 CICI and to authorize the City Attorney to prepare and file documents with the Court necessary to effectuate the dismissal of the City’s cross-claim.



Item 17 –       Comments/Concerns from Council Members


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