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

                        August 16, 2005


Date:               August 8, 2005





4.       Civil Service Board (1 Term Expired on May 16, 2005)


The term for Wayne Wilcox expired on May 16, 2005.  Mr. Wilcox has expressed interest in being re-appointed to this board.  The term for the new appointment will expire on May 16, 2008.  Currently, there are no other applications on file for appointment to this Board.


5.       Library Advisory Board (1 Term Expires on July 18, 2007)


Jacquelyn Minnick has submitted her resignation from the Library Advisory Board.  Her term does not expire until July 18, 2007.  An appointment needs to be made to fill her unexpired term.  Attached is an application from Donald Needham.  Mr. Needham’s application is currently the only application on file for this board.



6.       Planning Commission (3 Terms to Expire on September 1, 2005)


Three appointments need to be made to the Planning Commission.  The terms for these appointments will expire on September 1, 2007.  Robin Lasky and Richard Barker have expressed an interest in being reappointed.  Scott Gutauckis does not wish to be reappointed.  Attached is an application from Shannon Booth who has expressed an interest in serving on this Board.


City Manager’s Comments:  Let me encourage the City Council to seek individuals who are interested in serving on Boards and Commissions.  Boards and Commissions provide an excellent avenue for citizens to influence policy and policy decisions.



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




7.       Ratification of Initiation of Forfeiture Proceeding


Staff recommends that Council ratify the filing of the forfeiture lawsuits and authorize the continued prosecution by the City Attorneys to effect the civil forfeiture of the property seized by the police department. These are civil actions for forfeiture of property due to its use in the commission of a felony in violation of the Florida Contraband Forfeiture Act. 


In Re:  Forfeiture of U.S. Currency in the Amount of $2,356.00, against James Wayne Aycock and Callie C. Aycock.  Case No. 2005-30749 CICI, Division 32.


In Re:  Forfeiture of U.S. Currency in the Amount of $1,176.00, against Latwanna Patrice Durden.  Case No. 2005-30807 CICI, Division 31


In Re:  Forfeiture of 1996 JEEP CHEROKEE LAREDO, VIN #1J4FT68S5TL296964, against James E. Hamack.  Case No. 2005-30771 CICI, Div. 31


In Re:  Forfeiture of U.S. Currency in the Amount of $38,522.11, Etc., against Jameel M. McLaury & Ima Yussuf Salmin Amour.  Case No.  2005-30772 CICI, Div. 32


In Re:  Forfeiture of 2003 Yamaha Motorcycle, VIN #JYARJ06EO3A00355, against Chad J. Tyler.  Case No. 2005-31310 CICI, Div. 31.


Staff recommends approval.


8.       Economic Development Incentives (Daytona Auto Tint)


Daytona Auto Tint is located at 3630 Ridgewood Avenue in the Town Center Redevelopment district.  They have requested assistance under the Chapter 20 LDC Program to expand their business.  Daytona Auto Tint management desires to make their new facility compatible with the adopted architectural themes in the CRA area.  This will, of course, cost additional dollars above the amount needed to renovate the facility.  This is one reason they are asking for assistance.  They will create two (2) new jobs with the expansion with an average wage of $15.00.  Under Chapter 20 guidelines, this request meets all the tests outlined in the chapter; and they are eligible for this assistance as well as fee waivers provided under Chapter 20.  Staff recommends approval to the request from Daytona Auto Tine for economic development incentive assistance for a Level 3 Grant in an amount not to exceed $15,000.


9. Discussion - Economic Development Incentive Relief (Bahrami)


This item is continued from June 28, 2005.  Mr. Bahrami is expanding his existing business (Light & Shade Warehouse) in Port Orange.  The new location will be on the south side of Commonwealth Blvd., east of and adjacent to the FED railroad.  The proposed project area falls just outside of the Eastport CRA area.  The project did not have industrial zoning until City Council authorized a change in late June, 2005, from residential mobile home (RMH) to Commercial/Industrial and involves a 3.6 acre parcel.  The new facility will be approximately 30,000 sq. ft. and employ 10 to 14 new persons with an average salary of the new positions at $8.00 to $10.00 per hour.  The average wage for Volusia County is $12.98 per hour.  Staff would like to discuss with Council the items regarding Mr. Bahrami’s request to be granted several economic development incentives under Chapter 20 of the Land Development Code.


10.   Request for the City of Port Orange to be the 2006 Greater Halifax Walk America Site Sponsor

Kelley Harrell, Director of the Central Florida Division of the March of Dimes, is requesting the City of Port Orange to be a 2006 Greater Halifax Walk America Site Sponsor by allowing the use of the City Complex grounds as a staging area for the Greater Halifax WalkAmerica to be held Saturday, May 6, 2006.  The total cost for renting the facility would be $1,192.44 (event cost estimate attached).  Staff recommends that the City co-sponsor the event and waive all fees, with the exception of the $50.00 fee for City Center Plaza.


City Manager’s Comment:  This is the same program that we have provided to American Cancer Society and others who have used the City Center facility.  Our City WalkAmerica Team has consistently been one of the leaders in terms of participation and in raising money for the March of Dimes.  I need to disclose to you that the March of Dimes has asked me to serve as their honorary chair this year.  Therefore, I have not participated in preparation of this agenda item for your consideration.


11. Neighborhood Investment Grant Program for FY2005-06


The Neighborhood Investment Program (NIP) supports partnerships between the City of Port Orange and homeowner associations, neighborhood watch groups with identified leaders, or other neighborhood-based organizations. Eligible recipients can receive cash grants up to $5,000.00 for projects that improve the quality of life in the City and serve specific neighborhoods.


Over the last 5 years, the City has awarded approximately $56,781.00 in grant funds through the Neighborhood Investment Program (NIP) to 14 different Port Orange neighborhood projects.  Some of the past recipients are: Sleepy Hollow ($8,131), Deep Forest ($5,000), Oak Hammock ($2,100), Bennett’s Hammock ($2,700) and Dunlawton Hills ($825).  Each year the NIP application is revisited to improve the document to address needs in the community.  One improvement was to revise the scoring section by awarding points to neighborhoods that proposed hurricane damage related projects.


Staff recommends that Council authorize the City Staff to implement the 2005-06 Neighborhood Investment Grant Program on August 17, 2005.




12.   Request to Reimburse Galbreath Investments LLC for Rezoning Application Fee


This is a request to reimburse Brendan Galbreath for the $2,500 rezoning application fee, as recommended by the Planning Commission.  Staff met with the applicant prior to the scheduled Planning Commission meeting for the proposed rezoning to discuss staff recommendation of denial for the rezoning. After meeting with staff, the applicant decided to withdraw the rezoning application. Staff had recommended denial of the proposed rezoning since the rezoning would decrease the amount of land within the City of Port Orange zoned for commercial/office uses. 


On July 28, 2005, the Planning Commission recommended that City Council reimburse Brendan Galbreath’s $2,500 rezoning application fee. 


Staff recommends approval.


13.       City Attorney’s Report


Attached is the City Attorney’s Report.  If you have questions, please contact the City Attorney.


14. Monthly Development Activity Report and the Building Activity   Report for the Months of June and July, 2005


Attached are the reports for June and July, 2005.  If you have questions, please contact either Donna Steinebach or me.





15.    Second Reading - Ordinance No. 2004-34 - Small Scale Future Land Use Map Amendment - Port Orange Landings, LLC (tabled 2/15/05 and continued to date certain of August 16, 2005)


This item was originally scheduled for August 16, 2005.  Because of a glitch in the legal notice being published, it needs to be delayed until August 23.  Because the Council set this as a date for the item to be heard, the City Council will need to remove it from the table and ask for public comment.  However, because it has not been properly advertised, it needs to be placed on the table again to be heard on August 23.




16.       Citizen Advisory Committee for MPO


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





17. Discussion - Military Buy Back of Pension Benefits


This is a request to discuss with Council the optional purchase of pension benefits by City employees who have military service.  This would bring equity to this plan as the Fire and Police Pension Plans have this enhancement at this time.  Please see the attached for specifics.  In summary, because of lack of interest, the General Employees Pension Board did not believe it prudent to offer the benefit currently.  Also, financing of this benefit by the Pension Fund is not contemplated.


City Manager’s Comments:  This is closing the loop on this item with the City Council.  The General Employees Pension Fund Board submitted a number of items to the City Council for consideration a few months ago.  One of the items was the Military Buy Back option.  The City Council had several questions related to cost of the benefit.  In theory, the cost of the benefit is paid by the individual who would purchase the time and not the pension fund.  The General Employees Pension Board is not recommending the City Council include this option in the General Employees Retirement Plan. 





18.       First Reading - Ordinance No. 2005-30 - Small Scale Land Use Amendment - Woodhaven Subdivision (A.K.A. Stanaki PUD)


This is a request to amend the Future Land Use Map of the City of Port Orange Comprehensive Plan-Update ’98 for 9.99 acres of property located on the west side of Interstate 95, east of Cypress Head PUD, from Commercial to Suburban Residential (2-4 units/acre), as recommended by the Planning Commission.  If approved, the developer intends to develop the property with 64 town house units. 


Planning Commission Recommendation:      At its July 28, 2005 meeting, the Planning Commission recommended approval, 6-0 (Chairman Barker excused), of an amendment to the Future Land Use Map of the City of Port Orange Comprehensive Plan-Update ’98.  This map amendment is to change the land use designation of 9.99 acres of property located on the west side of Interstate 95, east of Cypress Head PUD, from Commercial to Suburban Residential (2-4 units/acre).  The property is part of the Stanaki PUD.  The Planning Commission’s recommendation of approval is conditioned upon the following:



Staff Recommendation:   Staff recommends approval.


Second Reading:   September 20, 2005


19.       First Reading - Ordinance No. 2005-31   - Small Scale Land Use Amendment - Florida Power and Light - Meier Wise


This is a request to amend the Future Land Use Map of the City of Port Orange Comprehensive Plan Update ’89 for an approximately 4.77 acre property located at 830 Canalview Blvd., Port Orange, from Suburban Residential (2-4 units/acre) to Warehouse/Industrial.


Planning Commission Recommendation:      The Planning Commission recommends approval 6-0 (Chairman Barker excused).


Staff Recommendation:   Staff recommends approval.


Second Reading:   September 20, 2005


20.       First Reading - Ordinance No. 2005-32 - Annexation - Northeast Corner of Williamson Boulevard and Madeline Avenue – Coraci


This is a request to annex approximately 69 acres of land located on the east side of Williamson Boulevard and the north side of Madeline Avenue.  If approved, the applicant is proposing to develop the property as multi-family housing under PUD zoning with a density of approximately 8 units/acre and to include a 5 acre City park site.


Staff Recommendation:   Staff recommends approval.



Second Reading:   September 20, 2005


City Manager’s Comments:  This property will fill in a block of land between Port Orange and Daytona Beach.  In the mid-80’s, Port Orange and Daytona Beach agreed on a division line between the two cities.  This property was designated to be in Port Orange and to be served by Port Orange utilities.  If annexed, it would establish our northern city limits boundary with Daytona Beach along Williamson Boulevard.


21.             First Reading – Ordinance No. 2005-33 – Rezoning – From A (Agricultural) to R-10SF (Single Family Residential) – Ladd


This is a request to rezone approximately 1.0 acre located at 6065 Gladys Street from “A” (Agricultural) to “R-10SF” (Single Family Residential).  If the rezoning request is approved, the zoning will be consistent with the future land use designation of the property.  This will be the third rezoning request for property along Renner Road this year.


Planning Commission Recommendation:      The Planning Commission recommended approval 6-0 (Commissioner Barker absent) to rezone approximately 1.0 acre located at 6065 Gladys Street, at the northeast corner of Gladys Street and Renner Road, from “A” (Agricultural) to “R-10SF” (Single Family Residential).


Staff Recommendation:   Staff recommends approval.


Second Reading:   September 20, 2005


22.       Resolution No. 05-66  - Proposed Drainage Easement Vacation - Countryside PUD, Phase II Subdivision, Lot 44 (815 Smokerise Boulevard)


The Community Development Department has received a request to vacate a portion of the northerly rear yard 50.00 feet wide Drainage Easement located on Lot 44 of the Countryside PUD, Phase II Subdivision.  The property owners have made this request in connection with a proposed wall to be constructed in to the easement.  The request the property owners have made is listed on the easement vacation application.


Staff recommends denial of the request as Resolution No. 00-40 provides for an alternative mechanism that would result in similar if not continued utilization of the area yet still preserve the original dimension of the easement.  Please see the attached memorandum from Community Development for further details.



23.       Final Site Development Plan, Easements and Concurrency and Fair Share Agreement - Walgreens at Taylor Road


This is a request to approve the Final Site Plan for Walgreens Pharmacy, as recommended by the Planning Commission.  The Planning Commission’s recommendation is subject to the conditions outlined in the attached staff report, dated June 24, 2005.  Staff is also recommending City Council accept the Access and Drainage Easement; Permanent Sanitary Sewer Utility Easement; Sidewalk/Bikepath Easement and Concurrency and Fair Share Agreement.


Planning Commission Recommendation:      The Planning Commission recommends approval, 6-0 (Commissioner Gutaukis excused), of the Final Site Plan for Walgreens Pharmacy. If approved, the developer intends to construct a 14,748 square-foot retail pharmacy with a drive-thru facility. The Commission’s recommendation is subject to the following conditions:



A revised submittal was received from the applicant on July 18, 2005, addressing all remaining outstanding technical comments from the Planning Division and City Attorney’s office.  Executed copies of the easements have been received along with executed copies of the Concurrency and Fair Share Agreement.  The attorney for the developer has requested that the City escrow the easements and concurrency agreement until certain benchmarks are met on the developer’s side.  Once the developer completed these items, the easements and concurrency agreement may be recorded.  Only after the easements and concurrency agreement have been recorded may the City issue a Development Order for the site plan.  Copies of the executed easements, the executed Concurrency and Fair Share Agreement, as well as the letter from the project attorney requesting these items be escrowed, are included with this package.


Staff Recommendation:   Staff recommends approval and that Council accept the agreements as outlined above.



24.  Subdivision Variance - Ralph Roberts


This is a request to approve a subdivision variance request to waive the platting and review process for the property located at 3697 Jackson Street.  If the subdivision variance is approved, the applicant intends to construct a single-family home on a 1.02-acre parcel of land that was unlawfully subdivided from an original 5-acre parcel.


Planning Commission Recommendation:      On July 28, 2005, the Planning Commission recommended approval (6-0), for a subdivision variance request to waive the requirement for a subdivision plat, subject to the following conditions:


1.                  The applicant must submit a minor subdivision application for a formal review by City staff.  The City will not accept or approve any building permits for the unlawfully subdivided lot until the minor subdivision has been approved. 

2.                  Further subdivision of this 5-acre parent tract will not be allowed unless done in accordance with City codes and processes.


Staff Recommendation:   Staff recommends approval.





   25.    Resolution No. 05-67   - CPI Rate Increase - Onyx Waste Services, Inc.


As allowed by contract, Onyx Waste Services of Florida Inc. has requested a CPI rate adjustment to their contract.  The rate adjustment is equal to 75% of the change in the cost of doing business as measured by fluctuations in the Consumer Price Index, Southeast Florida Urban Consumers, published by the U.S. Department of Labor, Bureau of Labor Statistics, for the preceding 12 month contract period.


As shown in the attachments, the rate adjustment is 2.01%.  This rate adjustment is applied to the cost of collection only; and the new rates will be effective October 1, 2005.


Staff recommends that Council approve the attached resolution granting a CPI rate adjustment to the cost of collection under the contract with Onyx Waste Services of Florida, Inc.




   26.    Resolution No. 05-68  - Adopting the National Incident Management System (NIMS)


In Homeland Presidential Directive (HSPD-5), Management of Domestic Incidents, the President directed the Secretary of Homeland Security to develop and administer a National Incident Management System to provide a comprehensive national approach to incident management, applicable to all jurisdictional levels across functional disciplines.  NIMS provides a consistent nationwide approach for federal, state, and local governments to work efficiently and effectively together.  All agencies are requested to adopt this stand in order to remain eligible for federal preparedness funding.  Staff recommends that Council approve the attached resolution adopting the National Incident Management System (NIMS).





27. Second Reading - Ordinance No. 2005-21 - Transportation Impact Fee (continued to date certain of August 16, 2005)


We are recommending that this Ordinance be withdrawn.  It will be replaced by the next item on the City Council Agenda. We have completed the amendments that are necessary to address a variety of issues that have been raised by others.  Although we did not think there was a conflict between the Port Orange and the County Ordinances, we have removed those items that potentially could have created a conflict.  


  28.    First Reading - Ordinance No. 2005-34  - Transportation Impact Fee



City Staff has been working with Jim Shira of B & H Consultants, Inc., to establish the Transportation Impact Fee.  In this process, we have worked toward eliminating inconsistencies while applying a fee that is fair and equitable.  In staff’s opinion, we have accomplished this goal.  Staff recommends that Council approve the attached ordinance.


City Manager’s Comment:  As you will recall, there were several questions raised concerning the Ordinance and study.  The first question related to whether county roads were included in the formula.  The Ordinance had a provision that allowed City road impact fees to be spent on the County system if there was a reimbursement agreement in place with the County for them to repay the City.  That has been removed from the Ordinance.  The City road impact fees can only be spent on City roads.  A second question was raised concerning the generation formula.  We asked Jim Shira to review the percentage of vehicle miles on the city network.  This is an important factor in the formula since it establishes the trip generation percentage.  The percentage of trips that are allocated to the City network is refined to 24.7%.  The third issue related to road construction cost.  We provided Mr. Shira with local information.  Although the construction number is a little higher than what was included in the original study, we are recommending that the road construction amount that was used in the original study be used as the construction cost factor.  Fourth, there was a question about the fee amount, when the trip generation percentage on street roads is applied to the construction cost, and then generating a revised fee.  All of those items have been taken into consideration, and a new fee schedule has been generated. 


We have met with the Homebuilders Association.  We have responded to their questions.  We have received an email from them stating that they no longer have a problem with the methodology that we have used to generate the fee.  We have told them and they have told their members that our plan is to implement the fee on October 1, 2005.  We will begin posting the implementation date if the Council adopts this Ordinance on first reading.  We want to give all builders notice that impact fees are being adjusted and what date the adjustments will occur. 


Second Reading:   September 6, 2005


   29.    Resolution No. 05-69  - Florida League of Cities - 2005 Florida Cities of Excellence Awards Program (Council Member of the Year - Mary Martin)


The Florida League of Cities has established the 2005 Florida Cities of Excellence Award Program to acknowledge the many things cities and city employees contribute to the quality of life in Florida.  The City proposes to submit an award nomination under the Council Member of the Year Award category to recognize Vice Mayor Mary Martin for her judgment, initiative, integrity, innovation, professionalism, commitment, and citizen relations.  Staff recommends that Council approve the attached resolution authorizing the City Manager to submit a Council Member of the Year Award nomination to the Florida League of Cities under their Florida Cities of Excellence Awards Program, authorize the Mayor and City Manager to execute any contracts or agreements.


30.       Appointing a Canvassing Board for the October and November City Elections


The City Canvassing Board is appointed by the City Council.  I would recommend the following members be appointed by the City Council as the Canvassing Board:


1.                  Kenneth W. Parker, City Manager/City Clerk

2.                  Shirley Kelly, Deputy City Clerk

3.                  A member of the City Council whose name does not appear on the ballot  (Mayor Green or City Council Member Pohlmann)


City Attorney Margaret Roberts would serve as the City’s legal advisor to the Canvassing Board.  An alternative is for the entire City Council to sit as the Canvassing Board.  In the past, the City Council has chosen to have a smaller group serve as the Canvassing Board, thereby eliminating the need for the entire Council, Clerk, Manager, Deputy Clerk, and City Attorney to travel to the Elections Office in DeLand. 


The City Council will have to meet to ratify the results of the election.  That meeting would be a special meeting.  The Canvassing Board is responsible for counting the absentee ballots and handling any ballot challenges or any problems with ballots. 





31. Comments/Concerns from Council Members


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