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

                        September 20, 2005

 

Date:               September 12, 2005

 

 

B.                 PUBLIC HEARING

 

Item 4 -           Discussion of Proposed Millage Rate FY05/06

 

This is the second public hearing related to millage.  This public hearing is scheduled to start at 7:00 p.m.  The first item of business is to discuss the proposed millage rate.  The City Attorney has produced an order of business that should be followed that meets the statutory requirements.  The preliminary discussion relates to the proposed millage rate of 4.80 mills which is a 10.76% increase above the rollback rate.

 

Item 5 -           Resolution No. 05-83  - Adopting the Millage Rate for FY05/06

 

In order to implement the millage rate, the City Council must adopt a Resolution.  The City Council has reviewed the budget, and the tax rate is necessary to fund the activities of the general fund.  The reasons for the increase are:  Fuel Cost, Energy Cost, additional police and fire personnel, pension cost, medical insurance cost, and general operating expenses.

 

Item 6 -           Resolution No. 05-84 - Adopting the Operating Budget for FY05/06

 

The City Council must adopt the specific operating budget.  The budget was reviewed in detail in July.  The City Council reviewed it again in a shortened session at the end of August to be sure that the items that had been discussed at the July session had been included.  The budget is ready for final adoption.

 

Item 7 -           Resolution No. 05-85  - Adopting the Capital Budget for FY05/06

 

This is the first year of the five year capital improvements program.  This includes the funding for major capital improvements for the upcoming year.  We recommend approval.

 

 

C.                SPECIAL REPORT

 

Item 8 -           Report from KemperSports Management

 

A representative of KemperSports will be present to make a report to the Council.

 

Item 9 -           I-95 Presentation  - Kent Black

 

The Florida Department of Transportation has requested time to make a presentation to the Port Orange City Council related to the study that is being done for I-95 from I-4 to the Brevard County line.

 

 

D.                CITIZEN PARTICIPATION (Agenda)

 

Item 10 -        Petition from Residents Regarding Dredging of Canals

 

Attached is a petition from the residents of Venetian Circle, Coral Way, Shamrock Drive, and Coconut Row.  The residents are asking City Staff to work with them on dredging of the canals in this area.  Staff recommends that Council authorize working with the residents in developing a plan related to the dredging of this canal system.

 

I am requesting permission to work with the residents to develop a plan to allow the dredging of the canal.  This would include a financing plan for the dredging of the canals in this neighborhood.  A plan as well as a financing plan would be brought back to the City Council for consideration.

  

Item 11 -        Special Event Request – Port Hole

 

The Port Hole is under new management.  The new owners did not meet the deadline for submittal of their documents.  The owners have asked that they be permitted to present their request to Council during the Citizen Participation portion of the meeting.

  

E.                 CITIZEN PARTICIPATION (Non-Agenda)

  

F.                 CONSENT AGENDA

 

Item 12 -        Project Managers’ Report

 

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

 

Item 13 -        Contract Extension with Chip’s Dozer, Inc., for Disposal of Lime Sludge

  

The City currently has a contract with Chips Dozer, Inc. for the disposal of lime sludge produced at the Garnsey Water Plant.  This contract has been in place for several years now, and has been mutually beneficial to both the city and the vendor.  In this contract is the option for a one (1) year extension if mutually agreeable to both parties.  The City has expressed their desire to exercise this option, and the vendor has agreed, in writing, to this extension.  Staff recommends you approve this one (1) year extension of the existing contract with all terms and conditions of the existing contract to remain in effect.  Funds will be available in account #40102005333411 once the FY05/06 operating budget becomes effective.

 

Staff recommends that Council approve a one (1) year extension of the current contract with Chips Dozer, Inc. for the disposal of lime sludge and authorize the Mayor and City Manager to execute contract extension documents.

 

Item 14 -        Re-validation of Sole Source Authorization – Purchase of Water Meters from Invensys Metering Systems

 

For many years we have standardized the water meters within our system, utilizing only Sensus Technologies meters.  Sensus has now changed their name to Invensys Metering Systems, but provide the same high quality product we have come to expect.  This standardization eliminates the need to stock parts and replacements for several different types of meters, and provides for one price purchasing throughout the year.  We continue to be completely satisfied with the product and service provided by this company and feel it is in the best interest of the City to continue this standardization.  Attached is the 2005-2006 price quote from Invensys.  The quoted cost per unit reflects no increase over last year and includes touch read registers.  Staff recommends approval of Invensys Metering Systems as sole source supplier of water meters.  Staff also recommends that Invensys meters be approved as the required City Standard for all residential potable and reclaimed meter installations.  This City Standard includes the requirement for radio read devices on all new and replacement meter installations.

 

Staff recommends that Council approve revalidation of Invensys Metering Systems as sole source supplier of water meters, and approve Invensys potable and reclaimed water meters equipped with radio read and other components for the capacities as shown on the attached schedule pages 1 through 9 as City Standard. 

 

Item 15 -        Bid Award – Interior Painting of the Port Orange YMCA

 

Three bids were received for the interior painting of the Port Orange YMCA as follows:

 

                        Motta Painting                                               $18,000

                        Spensieri  Painting                                       $28,850

                        Weston Painting                                            $34,400

 

Staff recommends that Council award the bid for the interior painting of the Port Orange YMCA to Motta Painting of Venice, Florida, in the amount of $18,000.

 

Item 16 -        Purchase – Flu Serum

 

Sanofi-Pasteur is ready to ship the first shipment of 2,000 doses of vaccine as soon as authorization is received.  The other flu vendor, GIV, has informed us that they have not determined a shipping date, nor can they guarantee any shipment.  The cost for GIV’s serum is estimated at $114,000, making Sanofi-Pasteur the lower priced vendor.  Staff recommends that Council approve the purchase of 10,000 shots of flu serum from Sanofi-Pasteur (Aventis) in the amount of $107,000.

 

Item 17 -        2006 Critical Dates Calendars

 

Attached is the proposed 2006 Critical Dates Calendars.  The proposed changes to the calendars from previous years are as follows:

 

1.                  Elimination of the second application deadline on the Development Review Critical Dates Calendar to provide staff more flexibility in scheduling special meetings in order to accommodate any overflow of project submittals during months when submittals are excessive; and

2.                  Moving the November Planning Commission meeting date from the fourth Thursday of the month to the third and in December moving the meeting date from the fourth Thursday to the second in order to accommodate holiday dates during these months.

 

Planning Commission Recommendation:      The Planning Commission recommends approval 6-0.

 

Staff Recommendation:   Staff recommends approval.

 

Item 18 -        Approval to “Piggyback” State Contracts

 

Each year, staff requests approval to “piggyback” State contracts in order to purchase materials for the Sign Shop, such as pavement markers and tires for Fleet Maintenance.  Purchasing from State contracts allows us to obtain these items at the lowest price available.  The commentary attached provides a list of the contract numbers, commodity, and vendor under contract.  Staff recommends approval to “piggyback” State contracts in order to purchase materials for the Sign Shop and tires for Fleet Maintenance at the lowest price available.

  

Item 19 -        Fuel Purchases

 

Each year, Council grants approval to “spot bid’ fuel purchases as allowed by Section 8-26 of the Code of Ordinances.  This practice allows the City to purchase fuel at the lowest market price available on each shipment.  Staff also requests approval to issue two blanket purchase orders to Three D Oil and Clay Oil so that fuel can be purchased immediately in preparation of emergencies, such as hurricanes. 

 

Item 20 -        Monthly Development Activity Report and the Building Activity Report for July and August 2005

 

The attached Staff Reports include the Development Activity Report for August, 2005, and the Building Activity Report for July, 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 July and August, 2005.

 

Item 21 -        Settlement Agreement with Volusia County

 

Staff recommends approval by the City Council of the Settlement Agreement with Volusia County, a copy of which is attached hereto for your review.

 

City Manager Comment:  This is an agreement that will allow the City of Port Orange to construct the water line improvements along Taylor Road.  It recognizes County Council action that would allow construction of the line along Pioneer Trail and Tomoka Farms Road.  This agreement is consistent with the City Council’s position as articulated during Shade Meetings.

Item 22 -        Christmas Lay-A-Way Storage Trailers – K-Mart Store, 3813 Nova Road

Michael Wininger, Manager of the K-Mart store at 3813 Nova Road, requests permission to park two (2) storage trailers for Christmas Lay-a-way and excess merchandise.  The trailers are requested from October 1, 2005, through January 15, 2006, and shall be located as shown on the attached site sketch.

 

Staff recommends that Council approve the request of Michael Wininger, Manager of the K-Mart Store, 3813 Nova Road, for two (2) storage trailers for Christmas Lay-a-way and excess merchandise from October 1, 2005  through January 15, 2006, subject to five (5) conditions outlined in the attached staff report.

 

City Manager Comments:  Rather than acting on each of the special events, I have placed them on consent agenda.  If there is a specific one that the City Council has questions about, they can be pulled from the consent agenda.  These are the standard agenda items with the standard conditions for each of the events.

 

Item 23 -        Minor Special Event Request – The Home Depot

 

The Home Depot, 1551 Dunlawton Avenue, is requesting a Minor Special Event.  The date and time for the proposed event is Saturday, October 1, 2005 from 9:00 a.m. to 2:00 p.m. There will be representatives from the Port Orange Fire Department and Police Department.  Vendors will set up interactive displays under the contractor’s canopy.  This event is part of the National Home Safety Event brought to the public by Home Depot. 

 

Staff recommends that Council approve the Minor Special Event request for The Home Depot, 1551 Dunlawton Avenue, subject to twelve (12) conditions outlined in the attached staff report.

 

City Manager Comments:  Rather than acting on each of the special events, I have placed them on consent agenda.  If there is a specific one that the City Council has questions about, they can be pulled from the consent agenda.  These are the standard agenda items with the standard conditions for each of the events.

 

Item 24 -        Special Event Request – Black Hills Saloon/Port Orange Flea Market, 5005 to 5009 South Ridgewood Avenue and Vacant Lot at 5001 Ridgewood Avenue

 

Mr. John Farah, lessee of the Black Hills Saloon/Port Orange Flea Market, 5005-5009 South Ridgewood Avenue, requests approval of a Special Event to be held during Biketoberfest 2005.  The proposed event is planned for a seven (7) day period from Monday, October 17 through Sunday, October 23, 2005.  The proposed hours for the event are from 10:00 a.m. to 2:00 a.m., daily.  This will be the second Special Event for the Black Hills Saloon/Port Orange Flea Market in 2005. 

 

Staff recommends that Council approve the Special Event Request for the Black Hills Saloon/Port Orange Flea Market, 5005-5009 South Ridgewood Avenue, subject to twenty-four (24) conditions outlined in the attached staff report.

 

City Manager Comments:  Rather than acting on each of the special events, I have placed them on consent agenda.  If there is a specific one that the City Council has questions about, they can be pulled from the consent agenda.  These are the standard agenda items with the standard conditions for each of the events.

 

Item 25 -        Special Event Request – Bootsie’s Hideaway

 

Joe and Dirk Wasserstrom, new business owners of Bootsie’s Hideaway, 3400 S. Nova Rd., are requesting approval of a Special Event to be held during Biketoberfest 2005.  The proposed event is planned for a six (6) day period from Tuesday, October 18 through Sunday, October 23, 2005.  The proposed hours for the event are from 8:00 a.m. to 2:00 a.m., daily.  This will be the second Special Event for Bootsie’s Hideaway in 2005. 

 

Staff recommends that Council approve the Special Event Request for Bootsie’s Hideaway, 3400 S. Nova Road, subject to twenty-three (23) conditions outlined in the attached staff report.

 

City Manager Comments:  Rather than acting on each of the special events, I have placed them on consent agenda.  If there is a specific one that the City Council has questions about, they can be pulled from the consent agenda.  These are the standard agenda items with the standard conditions for each of the events.

  

Item 26 -        Special Event Request – The Dock Bar, 5395 S. Ridgewood Avenue and Easterly Adjacent Lot Owned by Anthony Annatone

 

Mr. Anthony Annatone, owner of The Dock Bar, 5395 South Ridgewood Avenue, and the vacant property to the east of the bar, requests approval of a Special Event to be held during Biketoberfest 2005. The proposed event is planned for a six (6) day period from Tuesday, October 18, 2005 through Sunday, October 23, 2005. The proposed hours for the event are from 8:00 a.m. to 2:00 a.m., daily, with outdoor music to cease by 10:00 p.m. This will be the first Special Event for The Dock Bar in 2005.

 

Staff recommends that Council approve the Special Event Request for The Dock Bar, 5395 South Ridgewood Avenue, and the vacant property to the east of the bar, which is also owned by Anthony Annatone, subject to twenty-three (23) conditions outlined in the attached staff report.

 

City Manager Comments:  Rather than acting on each of the special events, I have placed them on consent agenda.  If there is a specific one that the City Council has questions about, they can be pulled from the consent agenda.  These are the standard agenda items with the standard conditions for each of the events.

 

Item 27 -        Special Event Request – First Turn Steakhouse & Lounge, 5236 South Ridgewood Avenue and 5204 South Ridgewood Avenue

 

Mr. Rick Hilliard, owner of the First Turn Steakhouse & Lounge, located at 5236 and the adjacent lot at 5204 South Ridgewood Avenue, requests approval of a Special Event to be held during Biketoberfest 2005.  The proposed event is planned for a six (6) day period from Tuesday, October 18  through Sunday, October 23, 2005. The proposed hours for the event are from 9:00 a.m. until 2:00 a.m., daily. 

 

Staff recommends that Council approve the Special Event request for the First Turn Steakhouse & Lounge located at 5236 & 5204 South Ridgewood Avenue, subject to twenty-four (24) conditions outlined in the attached report.

 

City Manager Comments:  Rather than acting on each of the special events, I have placed them on consent agenda.  If there is a specific one that the City Council has questions about, they can be pulled from the consent agenda.  These are the standard agenda items with the standard conditions for each of the events.

  

Item 28 -        Special Event Request – The Last Resort Bar, 5812 S. Ridgewood Avenue; Best Cars – 5816 S. Ridgewood Avenue; Vacant Property, 5796 S. Ridgewood Avenue

 

Mr. & Mrs. Al Bulling, owners of The Last Resort Bar, 5812 South Ridgewood Avenue, and agents for Best Cars, 5816 Ridgewood Avenue, and the vacant property at 5796 Ridgewood Avenue request approval of a Special Event to be held during Biketoberfest 2005. The proposed event is planned for a ten (10) day period from Friday, October 14 through Sunday, October 23, 2005. The proposed hours for the event are from 8:00 a.m. to 2:00 a.m., daily.  This will be the second Special Event for the Last Resort in 2005.

 

Staff recommends that Council approve the Special Event Request for The Last Resort Bar, 5812 South Ridgewood Avenue, Best Cars, 5816 South Ridgewood Avenue and the adjacent vacant property to the north, 5796 Ridgewood Avenue, subject to twenty-four (24) conditions outlined in the attached staff report.

 

City Manager Comments:  Rather than acting on each of the special events, I have placed them on consent agenda.  If there is a specific one that the City Council has questions about, they can be pulled from the consent agenda.  These are the standard agenda items with the standard conditions for each of the events.

 

Item 29 -        City Prosecutor for Animal Control

 

The City Attorney is requesting that Keith Broll be appointed as the City Prosecutor for Animal Control issues.

 

 

G.                REPORT FROM ADVISORY BOARD

 

Item 30 -        Report from Advisory Board – 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.

  

H.                 FINANCE

 

Item 31 -        Second Reading – Ordinance No. 2005-35 – Stormwater Drainage Fee Collection

 

We recommend approval.

 

Item 32 -        First Reading - Ordinance No. 2005-44 - Authorization for Issuance of Debt Not to Exceed $3.5 Million Dollars Pertaining to I-95 Overpass Improvements

 

Certain capital improvements to the I-95 overpass located on Taylor Road are required in order to maintain transportation capacity.   Included with these improvements will be the expansion of lane capacity, under deck lighting, and also landscape improvements.  It is expected that the repayment of this debt will occur from transportation impact fees, Florida Department of Transportation funding, and the amounts collected from developers through fair share agreements.  In order to secure this debt, the City has pledged gasoline taxes that will be collected.  Staff recommends approval of the attached ordinance authorizing issuance of debt not to exceed $3,500,000 pertaining to I-95 overpass improvements.

 

Second Reading:   October 18, 2005

 

City Manager Comments:  The cost will be recovered through a number of revenue sources.  They include funding from the State of Florida and Fair Share Agreements for new development.

 

Item 33 -        Monthly Financial Report

 

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

 

 

I.                     COMMUNITY DEVELOPMENT

 

Item 34 -        Second Reading – Ordinance No. 2005-33 – Rezoning – From A (Agricultural) to R-10SF (Single Family – Residential) – Ladd

 

We recommend approval.

  

Item 35 -        Second Reading – Ordinance No. 2005-36 – Amending Sections 14-54, 14-55, and Establishing Section 14-56 of the Code of Ordinances Relating to Building Permit and Related Fees

 

We recommend approval.

 

Item 36 -        First Reading - Ordinance No. 2005-45 - Annexation – Thollander, Robert (The Park)

 

This is a request to annex approximately 35.5 acres of land located south of Madeline Avenue and approximately 1,200 feet east of Williamson Boulevard, together with the adjoining right of way.  If the annexation request is approved, the application is proposing to develop the property as a single family housing development with approximately 29 units.

 

Staff Recommendation:   Staff recommends approval.

 

Second Reading:   October 18, 2005

 

Item 37 -        First Reading – Ordinance No. 2005-46 – Rezoning – From Volusia County R-1 (Suburban Single-Family) to City R-20SF (Single-Family Residential)

 

This is a request to rezone approximately 3.2 acres located at 895 Madeline Avenue from Volusia County R-1 (Suburban Single-Family Residential) to City of Port Orange R-20SF (Single Family Residential).  If the rezoning request is approved, the applicants plan to subdivide the property into 2 lots of approximately 1.5 acres each.

 

Planning Commission Action:  The Planning Commission recommends approval 6-0 (Bickel excused).

 

Staff Recommendation:  Staff recommends approval.

 

Second Reading:         October 18, 2005

 

Item 38 -        Resolution No. 05-86 - Building Permit Fee Schedule Change

 

The City Council reviewed the proposed fees at the last City Council Meeting.  This Resolution would implement the new fees effective on October 1, 2005.

  

Item 39 -        Subdivision Final Plat and Plans – Port Orange Plantation 1-A Replat

 

This is a request to approve the Final Plat and Plans for the Port Orange Plantation 1-A Replat.  The subject property was originally platted as common area and public right-of-way as part of Phase I of Port Orange Plantation.  If approved, the 1-A Replat will create two single-family lots on 0.79 acres at the end of a cul-de-sac that is to be vacated.  The site is located on the west side of Williamson Boulevard, north of Royal Palm subdivision.

 

Planning Commission Action:  At its May 26, 2005 meeting, the Planning Commission recommended approval, 4-0 (Commissioners Barker, Lasky, and Bickel excused), of the Final Plat and Plans for Port Orange Plantation 1-A Replat, subject to the conditions listed above and resolution of all outstanding technical comments.  Staff received a revised submittal on July 27, 2005, which addressed all outstanding technical comments listed in the May 20, 2005 staff report.  The right-of-way vacation and utility and drainage easement vacation requests have not yet been scheduled for review by the City Council. 

 

The Planning Commission’s recommendation for approval is subject to the following conditions:

 

·        City Council approval of the right-of-way vacation and utility and drainage easement vacation requests; and

·        Review by the City Attorney as to final form and content.

 

The Commission’s recommendation of approval is also subject to resolution of the remaining outstanding comments included as Exhibit “B” in the attached staff report dated May 20, 2005.

 

Staff Recommendation:   Staff recommends approval.

 

City Manager Comments:  Although this is a very small number of lots, I have asked the Community Development Department to determine if a fair share agreement is required for the trips generated by the two additional lots.

  

Item 40 -        Change of Use – Our Savior’s Evangelical Lutheran Church

 

This is a request to approve a Change of Use for property located at 1715 Taylor Road, which will allow for the expansion of a house of worship in a “GPU” (Government/Public Use) zoning district.  If approved, the current Change of Use will allow the church to add a fellowship hall and offices to the site.

 

Planning Commission Recommendation:      The Planning Commission recommends approval 5-1 (Commissioner Barker excused; McMasters dissenting) of a proposed Change of Use for our Savior’s Evangelical Lutheran Church, subject to all site improvements being completed as required by the previous Change of Use in August, 2003, and condition outlined in the attached staff report.  A final re-inspection was held on August 12, 2005, and all site improvements required as part of the Change of use approved in August 2, 2003, have now been addressed. 

 

Staff Recommendation:   Staff recommends approval.

 

Item 41 -        Mast Arms and Parcel “K” at Williamson and Airport

 

The County is requesting that the City agreed to give up its easement interest to the triangle at the intersection of Airport Road and South Williamson.  This parcel of land is needed for retention for the South Williamson improvements as well as needed for the traffic signal at the intersection of South Williamson and Airport Road.  The County is scheduled to award the mast arm improvements during their October Council Meeting.

  

Item 42 -        Engineering Design Services for Improvements to the Dunlawton Avenue/Clyde Morris Boulevard Intersection

 

In reviewing several recent development proposals west of Clyde Morris Boulevard, it has become apparent that the trips generated by these developments will cause the intersection of Dunlawton Avenue and Clyde Morris Boulevard to exceed its adopted level of service standard.  Failure of the intersection is expected to occur within the next several years upon buildout of these development projects.

 

Dunlawton and Clyde Morris are under the jurisdictions of FDOT and Volusia County respectively.  Staff has held several meetings with FDOT and County engineers to discuss the nature and scope of necessary improvements.  Although neither jurisdiction has scheduled or funded improvements to this intersection on its own, they both recognize the problem and are willing to participate.  To expedite the construction, the City has asked its traffic engineering consultant, Kimley-Horn & Associates, Inc., to design the improvements.  Members of Kimley-Horn have also attended these meetings and have done the majority of the conceptual design work to date.

 

The attached scope of services from Kimley-Horn includes design of detailed engineering plans and specifications sufficient for permitting and construction, consistent with Port Orange, Volusia County, and FDOT standards.  The total cost of $119,555.60 also includes subconsultant fees for Sliger & Associates, Inc., and Universal Engineering Sciences, Inc.  Funding for both the design and construction will be provided by various developers in the form of Concurrency & Fair Share Agreements or other types of development agreements.  These agreements will be reviewed by the City in conjunction with the development plans for each project.

 

Staff recommends that Council authorize staff to execute the attached scope of work for Engineering Services to design necessary improvements to the intersection of Dunlawton Avenue and Clyde Morris Boulevard.

  

Item 43 -        Historic Tree Removal Request – Residential Property – 5041 S. Palmetto Street

 

This is a request from the property owner, Ruby Clements, to remove a historic Live Oak tree pursuant to Ordinance No. 2002-36.  The tree is located in the front yard and measures 42 inches in diameter.  Mrs. Clements would like approval to remove this tree to allow reconstruction of the primary structure in compliance with current building codes, building setbacks, and FEMA standards.

 

The 42 inch tree is a nicely structured Live Oak with good branch arrangement and a full, healthy canopy.  The tree does not appear to have suffered any significant damage from last year’s storms.  In addition, the tree has been growing for decades in close proximity to the existing structure without suffering any apparent stress or stunted development.  This tree could continue to coexist with the use of the property indefinitely; however, the existing structure was extensively damaged last fall by the effect of Hurricane Jeanne and will be demolished and replaced by a new structure.  The applicant has provided a copy of the proposed house plan and staff has superimposed the footprint on the lot within the required setbacks to analyze the impact to the tree.  The proposed house could be located in such a way that the tree would not have to be removed; however, in order for the replacement structure to be constructed to meet current Building Code requirements (inclusive of EMA0, the finish floor elevation will need to be raised as much as 3 feet above the existing elevation.  The 42 inch tree will be impacted by fill to construct the house at the required elevation unless stem wall construction is utilized.  If stem wall construction is utilized, then the roots of the tree under the stem wall will be cut within 6 to 10 feet of the truck to excavate for the footing.  Both of these scenarios will lead to eventual decline of the tree, severely shortening its potential lifespan.

 

If the tree is removed, one replacement tree will be required in the front yard to meet minimum residential tree requirements.  Based on site limitations, the finish floor elevation of the replacement structure and the location of the tree in relation to critical elements, staff recommends approval of the historic tree removal request to enable the reconstruction of the Clements’ home.

  

J.                  PUBLIC WORKS

 

Item 44 -        Second Reading – Ordinance No. 2005-37 – Award Roll-Off Franchise Agreement – 4 Jays Management, Inc.

 

We recommend approval.

 

Item 45 -        Second Reading – Ordinance No. 2005-38 – Award Roll-Off Franchise Agreement – Halifax Wrecking, Inc.

 

We recommend approval.

 

Item 46 -        Second Reading – Ordinance No. 2005-39 – Award Roll-Off Franchise Agreement – Onyx Waste Services

 

We recommend approval.

 

Item 47 -        Second Reading – Ordinance No. 2005-40 – Award Roll-off Franchise Agreement - Samsula Landfill, Inc.

 

We recommend approval.

 

Item 48 -        Second Reading – Ordinance No. 2005-41 – Award Roll-Off Franchise Agreement – Set Materials

 

We recommend approval.

 

Item 49 -        Second Reading – Ordinance No. 2005-42 – Award Roll-Off Franchise Agreement – Waste Management Services, Inc.

 

We recommend approval.

 

Item 50 -        Second Reading – Ordinance No. 2005-43 – Award Roll-off Franchise Agreement – Waste  Services of Florida, Inc.

 

We recommend approval.

  

K.                 PUBLIC UTILITIES

Item 51 -        Resolution No. 05-87 - State Revolving Fund (SRF) Drinking Water Loan Application for Western Service Loop (aka Southwest Utility Reinforcements)

 

The City of Port Orange has previously obtained authorization and SRF funding from FDEP to design the extension of a potable water main along Pioneer Trail, Tomoka Farms Road, Taylor Road, and Shunz Road.  This project is more commonly known by several names including the E-loop, Western Service Loop, and the Southwest Utility Reinforcement Project. 

           

The northern leg of the E-loop along Shunz Road was previously installed as part of the Northwest Utilities Extension.   This project will complete the remaining portions of the E-loop.  At present, the project is aggressively targeted for bidding in October with Council award in December 2005. 

           

The resolution under immediate consideration authorizes the City Manager to execute the SRF Drinking Water Loan Application to secure funds for the project.  It should be noted that a separate loan agreement will be forthcoming for council consideration later this year.  The loan agreement requires Council approval via ordinance.  

           

Additionally, bids will be guaranteed for a period of 90 days.   This will allow time for the loan agreement Ordinance to be considered.  Additionally, it will enable Finance to prepare supplemental budget adjustments that reflect the actual dollar value of the loan (which cannot be determined until bids are received).  These budget adjustments will also require Council approval. 

 

Staff recommends that Council approve the attached resolution authorizing the City Manager to execute an SRF Drinking Water Loan application for submittal to the Florida Department of Environmental Protection in conjunction with the Western Service Loop project, and for the Mayor and City Manager to execute the Resolution.  

 

L.                  PUBLIC SAFETY

Item 52 -        Resolution No. 05-88 - Vaccine Program 2005-06

 

The Volusia and Flagler Health Departments have lowered the price they are charging for a pneumonia shot from $40 to $35.  On August 2, Council approved the higher fee through Resolution 05-62.  Since that time, the health departments have obtained the serum at a lesser cost and subsequently are lowering their fee.  Staff recommends that Council approve the attached resolution lowering the cost charged for a pneumonia shot to $35.

Item 53 -        Resolution No. 05-89 - Fire Rescue Contract with Volusia County

 

In 1984, the City entered into an agreement with the County to provide fire suppression and rescue services to the unincorporated areas in the southeast quadrant of the City.  This amendment extends the term of the agreement to September, 2006.  Staff recommends that Council approve the attached resolution authorizing the second amendment to the contract between Volusia County and the City of Port Orange to provide fire suppression and rescue services to the unincorporated areas of the County and authorize the City Manager to approve amendments to the annual payment amount.

  

M.                ADMINISTRATION

 

Item 54 -        Resolution No. 05-90 - Pollutant Load Reduction Goal

 

In an effort to continue the strides Port Orange has made to improve the water quality of local water bodies, such as Rose Bay, Spruce Creek, and the Halifax River, the City proposes to establish a Pollutant Load Reduction Goal.  A key component of the City’s Vision Statement is water quality and conservation.  Tangible efforts include the restoration of Rose Bay, construction of many different stormwater water facilities like Ken-Bern and Buschman parks, and the implementation of the Reclaimed Water program.

 

Reducing suspended solids of the City-owned discharges by 15% from the baseline year of 2000 is a realistic and attainable goal.  Besides, improving the environment, this pollutant load reduction goal allows the City to increase its scoring abilities when applying for grants. 

 

Staff recommends that Council approve the attached resolution authorizing the establishment of a Pollutant Load Reduction Goal of 15% in the local water bodies by 2015, and provide an effective date.

  

Item 55 -        Capital Recovery Agreement – D R Horton

 

Information on this item will be provided to Council prior to the meeting.

  

N.                 COUNCIL COMMENTS

 

Item 56 -        Comments/Concerns from Council Members

 

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

  

O.                DESIGN REVIEW BOARD FOR PORT ORANGE PROPERTY DEVELOPMENT BOARD

 

The City Council will recess and convene as the Design Review Board of Port Orange Property Development Board.  In the agreement with Palmer, there is a requirement for public art.  Palmer is scheduled to receive their Certificate of Occupancy for the second building in late October or early November.  The requirement for public art had to be agreed upon before the second building received its Certificate of Occupancy.  Palmer is proposing to add a sculpture and landscaping garden to their property to meet this requirement.  I have reviewed the proposal with Palmer.  In my opinion, it meets the requirements of the agreement.  There are some technical and building requirements that need to be worked out before the sculpture can be installed and the landscaping completed. 

 

Before they can proceed, the Architectural Review Board must approve the public art and garden design.  I am recommending approval.

 

 

Kwp/rlg