MEMORANDUM

 

 

To:                   Mayor Allen Green

            Vice Mayor Mary S. Martin

                        Councilman Dennis Kennedy

            Councilman Robert Pohlmann

                        Councilman George Steindoerfer

 

From:              Kenneth W. Parker, City Manager

 

Subject:          Agenda Commentary for Regular City Council Meeting of April 19, 2004

 

Date:               April 14, 2005

 

 

B.  SPECIAL REPORT

 

Item 4 -           Report from KemperSports Management

 

At this time, a representative of KemperSports will make a report to the Council.

  

D.  CONSENT AGENDA

 

Item 5 -           FEMA - Assistance to Firefighters Grant Program

 

The Fire & Rescue Department is requesting approval to submit a grant proposal to FEMA for the purchase of sixty sets of PBI bunker gear and 70 integrated voice communication systems.  This will allow us to fully outfit all personnel in PBI Kevlar bunker gear, bringing us in compliance with NFPA 1500.  The integrated voice system, which is part of the self-contained breathing apparatus (SCBA) face mask, greatly enhances firefighter safety by providing an effective means of clear and concise communications while operating at emergency scenes.  This is an 80/20 split, with FEMA covering $128,629.88 and the City’s portion being $32,157.47.  If approved, this will be budgeted in FY06.  Staff recommends that Council approve the submittal of an application to FEMA under the Assistance to Firefighters Grant Program in the amount of $160,787.35. 

 

City Manager’s Comment:  If this is authorized, the City would bring the grant award back to the City Council for confirmation should it be awarded through FEMA.

 

Item 6 -           “Piggyback” State, Municipal and Sheriff Contracts to Purchase Equipment and Police Motorcycles

 

Staff has the information needed to proceed with the purchase of equipment and police motorcycles as needed for our fleet.  The Fleet Purchase Summary sheet attached provides a breakdown of each piece of equipment and motorcycle requested and a cost summary.  By “piggybacking” State, Sheriff’s Department, and municipal contracts, we are able to purchase these items at the lowest price available.  The total cost for the items should not exceed $553,253.10 and funds are available in the Fleet Finance Account.  Staff recommends that Council approve the purchase of equipment and police motorcycles as shown on the Fleet Purchase Summary sheet for a total cost not to exceed $553,253.10.

 

Item 7 -           “Piggyback” St. Lucie County’s RFP for Marine/Dredging Engineering Site Design Services

Immediate repairs for the refurbishment of the Causeway Area along with miscellaneous seawalls are required.  Staff would like to “piggyback” St. Lucie County’s RFP for Marine Engineering Site Design Services to facilitate this engineering work.  St. Lucie County awarded their contract to DMC Engineers & Scientists.  DMC has provided staff with a scope of work for these projects with a cost in the amount of $100,000.  Staff recommends that Council “piggyback” St. Lucie County’s RFP for Marine Engineering Site Services to DMC Engineers for engineering services, bid documents, and construction inspection services for the Causeway Refurbishment and miscellaneous seawall repairs in the amount of $100,000.

 

Item 8 -           Sole Source Purchase - Vehicle Equipment

 

The Police Department is requesting authorization to purchase the following listed vehicle equipment.  This equipment will be installed in new patrol vehicles.  Also labor to switch equipment from existing vehicles to new vehicles.

 

7 each M7100 806-870 MHz 10-35w Mobile radios                    $  8,531.25

7 each EDACS & Conventional operation                                    $  5,748.75

7 each Control unit, system, remote mount                                    $  3,596.25

7 each Mobile mic                                                                            $     393.75

7 each Remote mount accessory kit                                              $  1,811.25

7 each Extended network 800 sys/grp, pro scan - profile            $  2,887.50

7 each 800 MHz trunk mount antenna                                            $     525.00

 7 each Siren & light controller SS2000                                          $  5,591.25

7 each Program above radios                                                        $     227.50

7 each Maxi fuse holders                                                                 $       10.00

7 each 100W Dynamax speaker                                                    $  1,548.75

7 each 3 Position power port (Able 2)                                            $     117.39

7 each Chargeguard timer switch                                                   $     472.50

6 each Extended panel armrest                                                      $     379.20

6 each Double cup holder                                                                $     307.20

6 each Little Lite (mount on console or computer tray)                 $     475.20

8 each 8” Motion attachment                                                           $     633.60

8 each Tilt & swivel attachment                                                       $     441.60

8 each Universal Notepad tray w/clips                                           $  1,721.60

7 each Gamber Johnson 9” console                                               $  1,842.40

4 each Gamber Johnson console base only                                  $     396.80

10 each Gamber Johnson Computer base

(no holes bored)                                                                    $     792.00

shipping and handling                                                          $     393.50

Labor to install all above                                                                  $  5,328.00

Labor to remove equip. from existing

vehicles/install in new vehicles                                                        $16,472.00

 

 

TOTAL                                                                                                $60,644.24

 

Funding Source:  Machines & Equipment Acct # 505-1000-580-6400

 

Staff recommends that Council approve the sole source purchase of vehicle equipment for new patrol vehicles from Communications International.

 

Item 9 -           Approval of Engineering Fees - Madeline Avenue Central Roadway and Utilities Improvements Project

 

Quentin L. Hampton Associates, Inc., has submitted an estimate of engineering costs associated with the construction phase of the Madeline Avenue Central Roadway and Utilities Improvements project.  Engineering fees associated with the roadway improvements portion should not exceed $42,288 and fees for the utility portion of the project should not exceed $88,691, for a total cost not to exceed $130,979.  Staff recommends that Council approve the engineering fees for Quentin L. Hampton Associates, Inc., for the Madeline Avenue Central Roadway and Utilities Improvements project for a cost not to exceed $130,979.

 

Item 10 -        Monthly Development Activity Report and the Building Activity Report for February and March 2005

 

The attached Staff Reports include the Development Activity Report for March, 2005, and the Building Activity Report for February, 2005.  These reports provide information on proposed development and projects under construction, commercial code enforcement activity, and monthly building permits and inspection updates.  Staff recommends that Council accept the Staff reports (Monthly Development Activity Report and the Building Activity Report) for February and March, 2005.

 

Item 11 -        Request to Hold 17th Annual Fishing Tournament - Halifax Sport Fishing Club

 

The Halifax Sport Fishing Club is requesting permission to use the pier under the Port Orange Bridge on Saturday, May 7, 2005, from 9:00 a.m. to 1:00 p.m.  This would be their 17th annual fishing tournament benefiting mentally and physically challenged children and adults.  They also ask permission to park a small delivery truck adjacent to the fishing dock for their refreshments and prizes, and it would be relocated after it is unloaded.  Staff recommends that Council approve the Halifax Sport Fishing Club’s 17th Annual Fishing Tournament to be held on May 7, 2005, on the fishing pier under the Port Orange Bridge.

 

Item 12 -        Approve Payment for Settlement of Under-Insured Motorist Claim

 

Staff recommends approval of the payment of $7,500 to PGIT to reimburse them for the settlement of the under-insured motorist claim.  A copy of the risk manager’s memorandum explaining the claim is available in the City Manager’s office.  Staff recommends that Council approve the payment of $7,500 to reimburse Preferred Governmental Insurance Trust for the settlement of an under-insured motorist claim involving a Port Orange employee who was injured on October 15, 2002.

 

Item 13 -        Minor Special Event Request - The Sunflower Group Representing “Mobil Oil”

 

Staff has received a request from Lori Johnson representing the Sunflower Group to set up a display in the Wal-Mart Supercenter parking lot at 1590 Dunlawton Avenue, Port Orange, where they will be handing out products, brochures, and consumer information for “Mobil Oil.”  The requested date for the event is May 8, 2005, from the hours of 10:00 a.m. to 4:00 p.m.  Staff recommends that Council approve the requested Minor Special Event for the Sunflower Group (Mobile Oil) to be held at the Wal-Mart Supercenter located at 1590 Dunlawton Avenue on May 8, 2005, according to the ten conditions outlined in the attached staff report.

  

E.  TABLED ITEMS

 

Item 14 -        Second Reading - Ordinance No. 2004-34 - Small Scale Future Land Use Map Amendment - Port Orange Landings, LLC (tabled 2/15/05)

 

This item was tabled at the February 15, 2005, Council meeting.  I recommend that this item remain on the table.

 

F.  REPORT FROM ADVISORY BOARD

 

Item 15 -        Citizen Advisory Committee for MPO

 

At this time, a representative of the Citizen Advisory Committee for the MPO will make a report to Council.

  

G.  COMMUNITY DEVELOPMENT

 

Item 16 -        Second Reading - Ordinance No. 2005-4 - Annexation - Port Orange Investments, Inc. (Waters Edge) 36.24 Acres

 

We recommend approval.

 

City Manager’s  Comments:   We have received a letter from ICI concerning their willingness to wait two years before beginning development on this tract of land.  This will allow Volusia County to begin construction of South Williamson Boulevard and for Volusia County Schools to construct the new elementary school on South Williamson Boulevard.

 

I would fully expect during this two year period that ICI will continue to do its planning, design, and permitting of the new phases of Water’s Edge.  ICI understands the importance to the community for South Williamson to actually be constructed as well as the school being opened.

 

Item 17 -        Second Reading - Ordinance No. 2005-5 - Annexation - Port Orange Investments Inc. (Waters Edge) 10.01 Acres

 

We recommend approval.

 

City Manager’s Comments:  See comments above.

 

Item 18 -        Second Reading - Ordinance No. 2005-3 - Adoption of Fall 2004 Comprehensive Plan Use Amendment - Port Orange Investments, Inc. - Waters Edge

 

We recommend approval.

 

City Manager’s Comments:  See comments above. 

 

Item 19 -        Second Reading - Ordinance No. 2005-6 - Rezoning - From R-3L (Low Density Multi-Family Residential) to PO (Professional Office) Robert A. Weinberg, R.W. Contractors

 

We recommend approval.

 

Item 20 -        First Reading - Ordinance No. 2005-10 - Rezoning - From NP (Neighborhood Preservation) to PO (Professional Office) John Rue

 

This is a request to rezone approximately 1.62 acres located on the south side of Dunlawton Avenue, between Roselle Street and Locust Street from “NP” (Neighborhood Preservation) to “PO” (Professional Office).  If the rezoning is approved, the applicant intends to develop the property with a professional office building and associated site improvement.

 

Planning Commission Action:  The Planning Commission recommends approval,7-0, to rezone approximately 1.62 acres located on the south side of Dunlawton Avenue, between Roselle Street and Locust Street from “NP” (Neighborhood Preservation) to “PO” (Professional Office).  If the rezoning request is approved, the applicant intends to develop the property with a professional office building and associated site improvement.

 

Staff Recommendation:   Staff recommends approval.

 

Second Reading:   May 17, 2005

 

Item 21 -        Resolution No. 05-33 – Proposed Easement Vacation – Lot 68, Foxboro Phase II Subdivision (615 Ispwich Lane)

 

The Community Development Department has received a request to vacate a portion of the easterly rear yard 5.00 feet wide Drainage and Utility Easement located on Lot 68 of the Foxboro Phase II Subdivision.  The property owners have made this request in connection with a variance for setback encroachments of an existing pool, pool deck, and screened enclosure.    The Planning  Commission  approved  the variance on March 24, 2005.  If the easement vacation proposal is approved, a permit for the reconstruction of the storm damaged screened enclosure can be approved.

 

The easement vacation application and legal description have been reviewed for completeness and accuracy.  City Departments have reviewed this request and have no outstanding concerns.  There are no currently planned drainage or utility improvements proposed for the area of the easement described in Exhibit “A.”  The easement may be vacated to the extent that it is not being used.

 

Staff recommends that Council approve the attached resolution vacating the easterly rear yard 5.00 feet wide Drainage and Utility Easement located on Lot 68 of the Foxboro Phase Ii Subdivision, per the attached legal description.

 

Item 22 -        Resolution No. 05-34 – Proposed Easement Vacation – Sugarmill Subdivision – Lot 18 (3566 Sugarplum Lane)

 

The Community Development Department has received a request to vacate a portion of the southeasterly rear yard 10.00 foot wide Drainage and Utility Easement and a portion of the northwesterly side yard 7.50 feet wide Drainage and Utility Easement located on Lot 18 of the Sugarmill Subdivision.  The property owners have made this request in connection with a proposed pool, future deck, and possible future screened enclosure to be constructed in to the easement.  The easement vacation application and legal description have been reviewed for completeness and accuracy.  Total allowable lot coverage has not been exceeded and enough easement area will remain for necessary drainage.  City departments have reviewed this request and have resolved drainage concerns through Public Works.  There are no currently planned utility improvements proposed for this area in the future.  Utility company release letters have been obtained for the area of the easement described in Exhibit “A.”  The easement may be vacated to the extent that it is no being used.

 

Staff recommends that Council approve the attached resolution vacating 5.00 feet of the northeasterly rear yard 10.00 feet wide Drainage and Utility Easement and 2.50 feet of the northwesterly side yard 7.50 feet wide Drainage and Utility Easement located on Lot 18 of the Sugarmill Subdivision, per the attached legal description.

 

Item 23 -        Naming Two Roadways in Planned Community #1

 

Three (3) new City roadways west of I-95 in Planned Community #1 are either under construction or slated for construction in the near future.  Roadway "A" is the east-west collector road that extends from Williamson Boulevard to Tomoka Farms Road. This roadway is under construction, and by previous action of the City Council, has been named “Town West Boulevard”. 

 

Road "B" is also a collector road that extends west of S. Williamson Blvd. for a short distance, then curves to the north, paralleling I-95.  This roadway terminates at the Madeline Avenue extension at the northern end of the town center area.   Road "C" is a local collector road that runs north and south, bisecting the area west of I-95.  Road “C” extends from our northern city limits down through the road right of way reserved on the west side of Crane Lakes, through Forest Lakes Preserve and the Hyatt Brown tract, ultimately connecting to Taylor Road. 

 

When the City Council named “Town West Boulevard”, staff was directed to bring back additional road name suggestions for Roads “B” and “C”.  The Council asked for names that have Native American or Spanish origins.  The list of names presented by staff was rejected.  The Council further directed staff to provide name suggestions that reflect individuals or families that have made positive contributions to the community.  The attached list of names has been cleared through Volusia County 911 and reserved for Port Orange’s use.  

 

Staff is asking Council to select the names for the subject roads.

 

City Manager’s Comment:  We are at the point where these streets need to be named.  One of the streets provides one of the entrances to one of the residential areas. 

 

Item 24 -        Preliminary and Final Plat & Plans, Along with Subdivision Improvement Agreement and Concurrency Fair-Share Agreement - Coquina Cove Subdivision, Phase I

 

This is a request to approve the Preliminary and Final Plat & Plans for the Coquina Cove Phase I Subdivision, as recommended by the Planning Commission and to approve the Subdivision Improvement Agreement (S.I.A.) and Concurrency Fair-Share Agreement for this project.  The 85-acre site is located on Townwest Boulevard, west of Port Orange Plantation and north of Royal Palm Subdivision.  The subdivision consists of 332 lots along with associated utility improvements.  Staff had recommended approval of the project and the staff report is attached for your consideration.  A number of technical comments remain outstanding.

 

Planning Commission Action:  The Planning Commission recommends denial, 4-3 (Commissioners Gutauckis, Atwood, McMaster and Bickel voting no), of the Preliminary and Final Plat and Plans for the Coquina Cove Phase I Subdivision and the Subdivision Improvement Agreement and Concurrency Fair-Share Agreement, as described on the attached staff memo.

 

Staff Recommendation:   Staff recommends approval.

  

City Manager’s Comment:  We are still needing some documents pertaining to road C and for the sidewalk.  Margaret is working with the developer’s attorney and with the Coraci attorney to obtain those documents.  I received an email from Margaret indicating that Mr. Riggio, attorney for the Coraci Family, indicated that it might be as late as Friday before he would have certain legal documents to the City.  This is not the first time that the City Attorney has requested these documents.

 

This development meets the minimum requirements as provided for in the Land Development Code.  This project is not a PUD.  It is being developed under the chapter concerning the PC-A District.  This District is its own district in the Code of Ordinances.  What is being included in this development meets the requirements.

 

  1. PUBLIC SAFETY

 

Item 25 -        First Reading – Ordinance No. 2005-11 - Fire Impact Fees

 

In addition to Recreational and Water/Sewer Impact Fees, Staff recommends implementation of Fire/Rescue Impact Fees.  The purpose of this fee is to accommodate the cost of the City Fire Rescue System through the City’s future growth and development outlined in the City of Port Orange Comprehensive Plan.  Staff recommends that Council approve Fire Impact Fees on new construction.

 

Second Reading: May 17, 2005

 

City Manager’s Comments:  For some time, staff has been working on developing fire impact fees for new development.  On Tuesday night, staff will present this ordinance for Council consideration.  It would levy impacts beginning October 1, 2005 for all new development.  I have met with the Homebuilders Association concerning impact fees.  I will be meeting with them again on Tuesday, April 12, 2005.  The reason that I am recommending an October 1 date is two fold.  First, it is the beginning of a new fiscal year.  This allows us time to budget for the impact fee receipts and expenditures.  It provides us time to determine exactly how to administer the fees.  Second, it provides builders with ample notice of the change as well as ample opportunity to get plans submitted before the deadline.

  

I.          PARKS AND RECREATION

 

Item 26 -        Discussion - Pre-School Program

 

As of April 1, there is no information available from the State of Florida on the requirements for a fall pre-K program.  We must decide if the City program should become a part of the Volusia County School Board pre-K program.  We need to know how the registration requirements will affect our residents and what the reimbursement rate per student will be.

 

City Manager’s Comments:  The real policy question is whether to continue offering this program.  On July 1, 2005, one of our pre-school instructors will be retiring.  If we are going to offer a pre-school program this fall, we must begin accepting applications to fill the slots as well as advertising for a teacher to fill the vacancy.  If the City continues to offer the program, I would suggest that the teacher meet the same educational requirements that will be imposed upon the School Board.  That means the salary will be commensurate with what the School District will be paying the pre-school teachers.  Secondly, because of the impending redevelopment on Halifax Drive within the next two years, we must begin looking for and developing adequate space for the program, too.   A separate policy question: is it time for the City of Port Orange to follow the lead of several Florida cities in exploring charter schools?  A number of cities in Florida, including the City of Kissimmee, have charter schools. 

  

J.         ADMINISTRATION

 

Item 27-         First Reading - Ordinance 2005-12 - Transportation Impact Fee           Part II

 

Several months ago, the City Council authorized the City to employ a consultant to conduct the necessary transportation impact fees.  Transportation Impact fees are one way the City can help in the funding of improvements that are future growth related.  The Ordinance will establish the legal framework for the fee.  The actual fee will be adopted by Resolution. 

 

You have received the final study that was completed by our consultant.  I have included the emails from the Homebuilders Association as well as the consultant’s response to the emails.  Mr. James Shira, the City’s consultant, will be present on Tuesday evening, to present testimony regarding the fee ordinance.  A fee resolution will be brought forward for the City Council consideration as part of the budget process.

 

I am recommending approval of the Ordinance.

 

Second Reading:  May 17, 2005

 

City Manager’s Comments:  The effective date of the Ordinance would be October 1.  This would give us ample notice to effected builders of this change.  It would give us an opportunity to work out the administrative details before the effective date of the Ordinance.  Finally, it would give us time to develop the budget for this fee source.

 

Item 28 -        Resolution No. 05-35 - Interlocal Agreement between Halifax Hospital Medical Center and City of Port Orange

 

Attached is an Interlocal Agreement between Halifax Hospital Medical Center and the City of Port Orange.  This Interlocal agreement provides that the City of Port Orange shall work with Halifax Hospital Medical in providing health care services and facilities within the City of Port Orange. Staff recommends approval.

 

City Manager’s Comments:  As you know, we have partnered with Halifax Medical Center.  I think there are a number of things we can do together to provide quality service to the residents of Port Orange.  This interlocal agreement was prepared by Halifax and has been reviewed by staff.  I am recommending that we enter into this interlocal agreement.

 

Item 29 -        Policy Discussion Regarding Concrete Utility Poles

 

The City has received a request from a resident on Halifax Drive to cost participate in the replacement of a wood utility pole with a concrete utility pole.  The City’s portion would be approximately $900.  The standard replacement pole is wood.  Concrete utility poles are placed at an additional cost.  The policy issue is not simply replacing one wooden pole with a concrete pole.  The policy issue is whether the City will replace all wood poles with concrete poles.  There are several thousand wood poles located throughout the City.  Not all residents will be willing to cost participate.  A better option for Halifax Drive may be to incorporate underground utilities as a part of a street calming linear park project.  Although the Council has not approved or authorized the street calming linear park, it has been discussed extensively by Council and the residents. 

 

Item 30 -        Consideration for Additional Funding for Florida International Festival

 

The Florida International Festival has requested the Council consider a contribution of an additional $4,000.  At the last City Council meeting, the Council approved $1,000.   The Festival had requested $5,000.   The Festival is hosting two events in Port Orange and is contemplating a third.  Should the Council desire to include an additional allocation for the Festival, I will bring an appropriations resolution forward. 

  

L.  COUNCIL COMMENTS

 

Item 31 -        Comments/Concerns from Council Members

 

At this time, Council Members may discuss various matters of concern.

 

 

 

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