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

August 23, 2005

 

Date:               August 15, 2005

 

 

B.                 PUBLIC HEARING

 

Item 4 -           Resolution No. 05-70 - Adopting the Non-Ad Valorem Assessment Roll Related to Stormwater Drainage Utility Fee Collection

 

The attached resolution adopts the non-ad valorem assessment roll related to drainage utility fees.  A digital copy of this roll may be obtained from or viewed at the City Clerk’s office in City Hall.  Staff recommends approval.

 

City Manager’s Comments:  You can expect a number of people to be in attendance on Tuesday night.  This is the adoption of the assessment roll.  This is the first time the City has adopted the roll.  On Tuesday night, the Council is not adopting the fee.  What you are determining is whether the fee has been applied correctly to the property.  For each single family unit, the fee is $99 per year.  For commercial properties, the fee is $99 per each 3,050 square feet of impervious area.  Duplexes and triplexes are figured on each unit. 

 

The City Council adopted the fee amount last winter prior to the City issuing the drainage utility bonds.  It is important to remember that on October 1, the City will remove the drainage fee from the monthly utility bill.  Many of the questions that I have received concern whether there will continue to be a drainage fee on the monthly utility bill. 

 

What I would recommend is the following procedure:

 

1.                  Announce the purpose of the public hearing.  The City is changing the method of collecting the drainage utility fee.  Currently, the City bills each account on a monthly basis.  If the City Council approves the assessment roll tonight, the method of collecting the drainage utility fee will change from being collected on a monthly basis to being collected on an annual basis.  The purpose of the public hearing is to consider whether the adopted drainage utility fee has been correctly applied to each property. 

2.                  If a property owner wishes to address the City Council related to the application of the drainage utility fee, they need to state their name and address and the basis of their claim that the fee has not been applied correctly to their property.  If the Council believes that the property owner has a valid reason for objecting to the fee application, the City Council can make an adjustment to the roll based upon the data presented.  In the case of commercial properties, if the Council believes the property needs to be measured to determine whether the rate has been applied correctly, the Council can instruct staff to measure the property and to apply the correct rate to the property. 

3.                  When it comes time to adopt the roll, the City Council motion will be to adopt the roll.  If there have been modifications made or instructions given to the staff to check on certain properties and make the adjustments according to the measurements, it would be to adopt the roll as amended by the modifications and instructions.

 

 

C.                SPECIAL REPORTS

 

Item 5 -           Report from KemperSports

 

A representative of KemperSports will make a report to the Council regarding the Cypress Head Golf Club at this time.

 

 

D.                CITIZEN PARTICIPATION (Non-Agenda)

 

 

E.                 CONSENT AGENDA

 

Item 6 -           Project Managers’ Report

 

Attached is the Project Managers’ Report.  If you have questions, please contact any of the Project Managers or me.

 

Item 7 -           Victims of Crime Act (VOCA) Grant

 

Earlier this year, the Police Department applied for funding under the Victims of Crime Act (VOCA) Grant Program and was successful.  The Department was awarded $40,404 to assist victims of crime.  Because the grant program requires a match, the Department’s share is $10,101.  Staff recommends that Council accept the FY2005-06 Victims of Crime Act (VOCA) Grant in the amount of $40,404.

 

Item 8 -           Property and Liability Insurance – Policy Year 2005-06

 

In May 2005, the City issued a Request For Proposal soliciting property, liability and worker’s compensation insurance coverages and received two proposals: one from Brown & Brown Insurance Inc. and the other from Florida League of Cities, Inc.  

 

On August 3, 2005, the RFP Selection Committee reviewed the two proposals and selected the Property and Liability Insurance Program from Brown & Brown Inc.  The RFP Selection Committee made their decision based upon the evaluation criteria of qualifications, cost, coverage and financial stability. 

 

The proposed cost of the PGIT 2005-06 Property and Liability Insurance Program is $488,365.  Subsequent negotiations with Brown & Brown Inc. on the Uninsured Motorist coverage produced an additional savings of $5,369, for a final premium cost of $482,996.  The proposal from Florida League of Cities, Inc. was $56,617 higher. 

 

PGIT’s proposed property insurance rate is $0.21 per $100 of scheduled property (buildings, equipment and contents); the rate for 2004-05 was $0.23 per $100 of scheduled property.

 

PGIT also offered a rate guarantee only on the liability coverages, including Automobile Physical Damage, for the second and third year.  The second year rate would be flat if the five year loss ratio is less than 30% and no legislation and case law modifying Florida Statute 768.28; the third year rate would be no greater than 10% subject to the same conditions.

Staff and the City’s insurance Consultant, Siver Insurance Consultant, recommend the selection of the Preferred Governmental Insurance Trust (PGIT), through Brown & Brown Inc., for Property and Liability Insurance Program with the initial coverage period from October 1, 2005 through September 30, 2006.  The term of the services with Brown & Brown Inc. will be an initial three-year period commencing October 1, 2005 followed by two one-year options to renew.  The terms and conditions are contained in the Brown & Brown Inc. proposal dated July 12, 2005 and the City’s RFP 05-05 Property and Casualty Insurance Agent and Brokering Services.

 

Item 9 -           Workers’ Compensation Insurance – Policy Year 2005-06

 

In May 2005, the City issued a Request For Proposal soliciting property, liability and worker’s compensation insurance coverages and received two proposals: one from Brown & Brown Insurance Inc. and the other from Florida League of Cities, Inc.  

 

On August 3, 2005, the RFP Selection Committee reviewed the two proposals and selected the Workers’ Compensation Insurance Program from Florida League of Cities, Inc.  The RFP Selection Committee made their decision based upon the evaluation criteria of qualifications, cost, coverage and financial stability. 

 

The cost of the FMIT 2005-06 Workers’ Compensation Insurance Program is $466,753, subject to the Final Premium Audit.  The proposal from Brown & Brown Inc. was $50,161 higher.

 

Staff and the City’s insurance Consultant, Siver Insurance Consultant, recommend that Council approve the selection of Florida Municipal Insurance Trust (FMIT), through Florida League of Cities, Inc., for Workers’ Compensation Insurance Program with a $25,000 per incident deductible and with the initial coverage period from October 1, 2005 through September 30, 2006.  The term of the services with Florida League of Cities, Inc. will be an initial three-year period commencing October 1, 2005 followed by two one-year options to renew.  The terms and conditions are contained in the Florida League of Cities, Inc. proposal dated July 6, 2005 and the City’s RFP 05-05 Property and Casualty Insurance Agent and Brokering Services.

 

 

 

Item 10 -        FDOT Emergency Relief Program Agreement

 

The Emergency Relief Program has been established by the Federal Highway Administration (FHWA) to provide emergency relief for costs and expenses incurred as a direct result from hurricanes, in this case, Hurricane Jeanne.  This emergency relief would cover debris removal from any Federal aid roads within the City of Port Orange.

 

Staff looks to City Council to approve the Emergency Relief Program Agreement for funding of Federal aid roads related to Hurricane Jeanne costs and expenses.  Upon approval by City Council, staff will process the agreement.  

 

Item 11 -        Support of the Fourth Annual 5K Run and Walk – Hospice of Volusia/Flagler

 

Attached is a request from the Hospice of Volusia/Flagler requesting support of their 4th annual 5K Run & Walk, which is scheduled for November 5, 2005.  In the past, the Port Orange Police Department has assisted with this event by providing traffic control.  The Hospice is again asking the Port Orange Police Department to assist them with traffic control for this event.  Staff recommends that Council authorize the Port Orange Police Department to assist with this event.

 

 

F.                 TABLED ITEMS

 

Item 12 -        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 23, 2005)

 

The City Council delayed this item until August 23.  This is a property located off of Hidden Lakes directly across the street from Horizon Elementary School.  This is a small scale land use change. 

 

This would increase the land use density for this property.  The adjacent neighborhoods have voiced concern about the type of housing that will be placed on the property.  They have voiced concern about the number of housing units and the impact to the road system and on the adjacent school. 

 

The development is not before the City Council tonight.  It is only the comprehensive plan amendment.

 

 

G.                FINANCE

 

Item 13 -        First Reading – Ordinance No. 2005-35  - Stormwater Drainage Fee Collection

 

This past June, 2005, the City extensively revised portions of Section 74 of the City Code of Ordinances.  During the administration of these revisions, some items were noted that could be deleted in order to gain better clarity and accurately state City practice.  Staff recommends approval.

 

City Manager’s Comments:  The changes are outlined in the body of the Ordinance.  The first change is on page 2 of the Ordinance in section c.  It deletes a sentence that defines the capital facilities charge.  In section d, a clearer definition is provided and the method of levying the capital fee is outlined as well as how credits will be determined.    On page 3 of the Ordinance, the fee amount is deleted.  The City Council levies fees by Resolution.  The last sentence confirms that the fee will be levied by Resolution.  Later in the agenda, you will be asked to make an adjustment in the capital fee amount from $2 to $3.  The adjustment is a reflection of the portion of the bill that is allocated to capital versus the portion that is allocated to operating.  On page 4, changes are made to paragraph f.  In June, the 2% was inserted in this Ordinance.  Because salaries and operating expenses are paid out of this fund as well as billing cost, insurance, and a variety of other items that could be considered administratively instead of capital, limiting those costs to 2% could create problems for this fund.  Therefore, it is recommended that the City Council continue to maintain the flexibility that it needs to meet the responsibility to provide drainage services to the community.

 

Second Reading:   September 20, 2005

 

Item 14 -        Resolution No. 05-71 - Budget Appropriations

 

Staff has reviewed various operating and capital projects.  The attached resolution appropriates funds for operating and various capital needs.  The resolution also provides for the correction of Water and Sewer Debt Service funding and other project budgets.  Staff recommends approval.

 

Item 15 -        Resolution No. 05-72  - Solid Waste Rates

 

Per our existing rate resolution, charges to Solid Waste customers are to change by the percentage change in the Consumer Price Index for the southern states.  This rate change is approximately 3.5% for the past year ending April, 2005, and is incorporated in the attached resolution.  Staff recommends approval.

 

 

Item 16 -        Resolution No. 05-73 - Defining the Capital Facility Portion of Stormwater Utility Fee

 

Now that the proposed budget has been established for next fiscal year (05/06), staff can define the capital facility portion of stormwater utility fee.  In summary, the proposed capital portion is equal to $3.00 per month or $36.00 per fiscal year, per Single Family Unit (SFU).  Staff recommends approval.

 

City Manager’s Comments:  There are two components to the drainage utility fee, the operating component and the capital component.  The Ordinance defines how a property is eligible for consideration for such credit.  Normally, if the water is being totally retained in the stormwater pond and released into the City stormwater system, then the property may be eligible for the credit.  If the stormwater is being released into the City system by any means, then the property is not eligible for credits.

 

Item 17 -        Monthly Financial Report

 

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

 

 

H.                 COMMUNITY DEVELOPMENT

 

Item 18 -        Second Reading- Ordinance No. 2005-4 – Annexation – Port Orange Investments (Waters Edge) – 36.24 Acres

 

We recommend approval.

 

Item 19 -        Second Reading – Ordinance No. 2005-5 – Annexation – Port Orange Investments (Waters Edge) - 10.01 Acres

 

We recommend approval.

 

Item 20 -        Second Reading – Ordinance No. 2005-3 – Adoption of Fall 2004 Comprehensive Land Use Amendment – Port Orange Investments (Waters Edge)

 

We recommend approval.

 

 

Item 21 -        Second Reading – Ordinance No. 2005-13 – Small Scale Future Land Use Amendment – Buttermilk Lane

 

We recommend approval.

 

Item 22 -        Second Reading – Ordinance No. 2005-14 – Rezoning – From Volusia County A-2 (Agriculture) to City of Port Orange R-10SF (Single-Family Residential) – Various Properties on Buttermilk Lane

 

We recommend approval.

 

Item 23 -        Resolution No. 05-74 - Update of Charges and Fees Authorized by the Land Development Code

 

Earlier this year the City engaged the services of an outside consultant to analyze the charges and fees authorized by the Land Development Code.  These fees were last updated in May 2003.  The consultant’s study gave primary emphasis to the fee-based services that account for well over 90% of staff time spent in development review activities.  The study evaluated contributions by twenty-four (24) individual staff members within five (5) City Departments that are directly involved in the development review process.  Historically, development fee reviews have largely focused on Community Development staff time, which only accounts for fifteen (15) of the twenty-four (24) staff members involved in the subject study. 

 

The objective of this current fee study is to bring the City’s primary development fees as close to full cost recovery as possible. The consultant also analyzed Port Orange’s development fees to other Central Florida communities with similar population, geography and growth rates.  This is to ensure that the City’s proposed fee structure falls within a “market range”.  The consultant’s Executive Summary is attached for review.   A complete copy of the study is also available for inspection.

 

The attached Fee Resolution implements most of the Consultant’s recommendations as noted in the Executive Summary.  It also contains a few additional modifications to the existing fee structure recommended by staff.  All of the proposed changes are outlined on the accompanying Schedule of Proposed Fee Changes prepared by staff.

 

Staff recommends that Council approve the attached resolution updating the charges and fees authorized by the Land Development Code.

 

City Manager’s Comments:  I will be providing a copy of the fee study for the Council’s information.

 

Item 24 -        Resolution No. 05-75 - Proposed Easement Vacation – Lot 1, Daniel Healthcare Center Subdivision (Shoppes at Yorktowne, 1665 Dunlawton Avenue)

 

Glenn Greiner of the Performance Group, applicant on behalf of GBP Investments, LLC, the property owner, requests approval to vacate a 20.00 feet wide sanitary sewer easement, a 30.00 feet wide cross access and drainage easement, a 50.00 feet wide conservation easement, and a 5.00 feet wide conservation easement located on Lot 1 of the Daniel Healthcare Center plat.  The applicant is proposing to substitute the easements by separate instrument.  The proposed easements will be located in appropriate locations for the Shoppes at Yorktowne development, currently under construction.

 

The easement vacation application, proposed easement documents, and legal descriptions have been reviewed by City departmental staff and by the office of the City Attorney.  There are no outstanding concerns or conditions.  Utility company release letters have been obtained for their appropriate easement areas to be released.  The easements may be substituted to the extent that the existing easements are not being used.

 

Staff recommends that Council approve the attached resolution authorizing the release of a 20.00 feet wide sanitary sewer easement, a 30.00 feet wide cross access and drainage easement, a 50.00 feet wide conservation easement, and a 5.00 feet wide conservation easement on Lot 1 with substituted new easements to be located on Lot 1 of the Daniel Healthcare Center plat.

 

Item 25 -        Conceptual Agreement for Joint Use Stormwater Detention Pond – Westport Square Phase II and SummerTrees Road Extension

 

The City is currently designing the realignment and extension of Summertrees Road (formerly known as Homier Road) northward from Taylor Road to Williamson Blvd.  This new roadway will help alleviate traffic congestion at Williamson Boulevard and Taylor Road and is slated for construction in advance of the Williamson Blvd. Widening to provide an alternative travel route during that construction.  To meet this objective, the City needs to quickly finalize the design of the stormwater detention pond and secure the land necessary for this facility.

 

 Coincidentally, a contract purchaser for Westport Square Phase II recently approached City staff with their development concept.  In review of the preliminary shopping center plans, it appears there may be an opportunity to create a larger joint stormwater detention pond to serve both the City’s roadway and shopping center’s needs.  This larger pond would then be suitable sized for amenitizing for passive public use.  Some minor isolated wetlands would need to be mitigated to create the joint pond, but it is believed that these could be successfully mitigated within the City’s existing Wellfield mitigation bank.  The joint development concept that has been discussed is for the developer to construction and maintain the amenitized pond and the City to provide wetland mitigation.  Drainage and public access easements would be provided to the City in exchange for the City assuming liability.  This is similar to the City’s former agreements with DOT concerning their stormwater detention ponds.

 

City staff is seeking Council approval to pursue this joint development concept.  The final design plans and appropriate agreements will be brought back to the Council for formal consideration later this year.

 

Item 26 -        Variance Appeal – Emory and Cathy Smith, Owners,  Betty Martin, Appellant

 

Emory and Cathy Smith, owners, requested approval of a variance from Chapter 17, Section 27, of the City of Port Orange Land Development Code pertaining to setbacks for the R8SF (Single Family Residential) zoning district.  The purpose of the variance request was to legitimize the location of a 17.1 ft. x 19 ft. non-conforming accessory structure in their backyard in lieu of the setbacks required by code.

 

Planning Commission Recommendation:      On July 28, 2005, the Planning Commission approved (5-1) the variance for Emory and Cathy Smith.  The Commissioners that voted yes approved the legitimacy of the accessory structure with the condition that the owners construct a six foot tall privacy fence along the north property line, screening the accessory structure from their neighbor’s yard, within 30 days and with a proper building permit.  The commissioner that voted no felt the owners/applicants should have obtained a permit for the construction of the accessory structure in the first place and complied with the required setbacks.  On August 4, 2005, staff received the appeal request from Betty Martin.  Ms. Martin attended the Planning Commission Meeting and has standing to make this request.  Her appeal letter is attached.

 

 

According LDC Chapter 19, Section 1(f), the Council’s decision to reverse or uphold the Planning Commission’s decision should be based on the facts of the case presented during the Planning Commission meeting, the review criteria established for variance requests, and the Commission’s decision on the requested variance.  No new evidence may be presented, heard, or discussed.

 

Staff Recommendation:   No staff recommendation is provided.

 

 

I.                     COUNCIL COMMENTS

 

Item 27 -        Comments/Concerns from Council Members

 

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

 

Item 28 -        City Council Committee Reports

 

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

 

 

 

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