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

                        October 18, 2005

 

Date:               October 11, 2005

 

 

B.                 BOARD APPOINTMENT

 

Item 4 -           Parks and Recreation Advisory Board (1 Term to Expire on February 15, 2006)

 

One appointment needs to be made to the Parks and Recreation Advisory Board.  Attached are applications from individuals interested in serving on this Board.

 

 

C.                SPECIAL JOINT ANNUAL MEETING – The Golf Club at Cypress Head, Inc.

 

This is the annual meeting that is required to elect officers for the Golf Course Board of Directors.

 

City Manager’s Comments:  Annually, the Board of Directors of the Golf Club at Cypress Head, Inc., must meet and elect officers.  Currently, the two officers are Allen Green and Kenneth Parker. 

 

 

D.                CITIZEN PARTICIPATION (Non-Agenda)

 

 

E.                 CONSENT AGENDA

 

Item 5 -           FDOT Emergency Relief Program Agreement Amendment

 

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 Frances.  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 Amendment for funding of Federal aid roads related to Hurricane Frances costs and expenses.  Upon approval by City Council, staff will process the agreement.

 

Item 6 -           Approval to “Piggyback” Daytona’s Electrical Contract

 

In the past, Council has granted approval to “piggyback” Daytona Beach’s electrical contract with Buchanan Electric for maintenance and service work as needed.  Buchanan Electric has the equipment (bucket truck, etc.) and manpower necessary to provide the services needed.  Buchanan Electric responds to our calls in a timely fashion, and they are very familiar with the electrical layout of our facilities.  Daytona Beach has extended their contract with Buchanan for another term, and we recommend doing the same.

 

Staff recommends approval to “piggyback” Daytona’s electrical contract, Bid No. 094-2040 with Buchanan Electric for electrical maintenance and service as needed.  This contract is effective October 1, 2005, through September 30, 2006.

 

City Manager’s Comment:  This has worked out well for the City of Port Orange rather than drafting our own specifications and soliciting bids.  We are recommending we continue using the services of Buchanan Electric.

 

Item 7 -           IBM Annual Maintenance Agreements

 

Information Technology purchases an annual hardware and software maintenance contract from IBM with additional discounts below Florida State contract pricing.  Maintenance on the equipment is billed annually and is due in October beginning each fiscal year.  Hardware maintenance and upgrades are on the IBM equipment, such as both AS/400’s, peripheral devices, and PC’s.  The on-site maintenance provides for IBM to repair the equipment at our location and save us time by not having to locate vendors to fix machines when needed.  The software maintenance is used to correct AS/400 operating procedures and helps us when programs fail.  The amount due is $31,305 and has been allocated in Account No. 501-0700-590-4610.

 

Staff recommends that Council renew the existing annual IBM Maintenance agreement for FY-06 in the amount of $31,305.

 

Item 8 -           HTE Annual Software and Technical Support Maintenance Agreement

 

This is the annual software and technical support maintenance agreement we purchase from HTE so that we can continue to receive their support and any new enhancements they may make to our eleven AS/400 software applications.  Each application is budgeted in account 501-0700-590-4636.  HTE’s billing cycle varies for each application throughout the fiscal year and exceeds the $25,000 authority limit.  The agreement supports the current and archived Public Safety system operations.

 

Staff recommends that the Annual Software & Technical Support Maintenance be purchased from HTE at a cost of $95,370 for FY-06.

 

Item 9 -           “Piggyback” State and County Bid Purchases

 

Each year, Information Technology purchases items that exceed $25,000 in value, each of which must be brought before Council for approval.  As in the past, we often desire to “piggyback” active State and County bid contracts and purchase direct from the State contract.  The commentary attached shows a list of these items by contract number, description, and expiration.  Evidence of State contract authorized vendors according to the attached list will be produced to the City Purchasing Coordinator during the requisition process.  This practice complies with the City purchasing policies once authorized by City Council.

 

Staff recommends that Council approve the “piggybacking” of State and County bid purchases and the use of defined State Contract equipment and supplies listed on the attached commentary for FY-06.

Item 10 -        Business Development Partnership (BDP) Contract

 

The BDP has been helpful to the City by providing business leads to staff on various economic development projects. Staff works closely with BDP to showcase the City and attract new jobs.  The Chamber supports this request.  Staff recommends that Council authorize the Mayor and City Manager to execute the attached contract with Business Development Partnership for FY-06 in the amount of $22,911.50.

 

City Manager’s Comments:  William and I meet monthly with representatives of the BDP to determine what business clients are being shown properties in our area.  BDP has introduced several businesses to the City of Port Orange during the past year.  Although the businesses may have decided to locate in other areas, the City was given the opportunity to talk with the businesses and showcase our City.

 

Item 11 -        Change Order No. 1 – B-23 Canal Phase II Stormwater Improvements Project – Environmental Research & Design, Inc.

 

Environmental Research & Design Inc. has submitted a proposal for the construction and observation phase of the alum facilities for the B-23 Canal Phase II Stormwater Improvements project.  As shown on the fee schedule attached, total cost for this portion of the project is $26,343 and funds are available in Account No. 41218005416397, Project DIP024.  Staff recommends approval of Change Order No. 1 to purchase order no. 046667 with Environmental Research & Design Inc. for an additional amount of $26,343 for the B-23 Canal Phase II Stormwater Improvements project.

 

Item 12 -        Atlantic High School Request for the City to Co-Sponsor and Waive Fees for the Atlantic High School Key Club’s Eighth Annual Spring Music Fest

 

The Atlantic High School Key Club has requested the City to co-sponsor their         Spring Music Fest of February 25, 2006.  They are requesting waiver of fees for the Kenneth W. Parker Amphitheater and costs associated with lighting sound, power, and security for the event.  The proceeds from the event will be donated to a local charity that helps children in need.  Fees for the event total $1,856.60.  Staff recommends that Council approve co-sponsoring the Atlantic High School Key Club’s Eighth Annual Spring Music Fest on February 25, 2006, and waive all fees with the exception of the application fee and Amphitheater rental fee in the amount of $275 (with the amount waived totaling $1,581).

 

Item 13 -        Monthly Development Activity Report and Building Activity Report for August and September, 2005

 

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

 

Item 14 -        Bid Award – Median Landscape S.R. 5/U. S. Highway 1, Niver Street to Fleming Avenue

 

Quentin L. Hampton Associates, Inc., advertised and received one bid submittal for the Median Landscape S.R. 5/U.S. Highway 1, Niver Street to Fleming project.  This project consists of the installation of trees and sod in the medians of U. S. Highway 1 from Niver Street to Fleming Avenue.  Contractors were asked to submit quotes on the base project as well as two credits.  Vita and Son Landscaping Corporation is the only bidder in the amount of $124,837.00.  Staff has determined the need to include both credits.  The value of credit “2” is unknown at this time; therefore, this credit is not being reflected in the recommended contract amount.  Credit “3” for the deletion of ornamental peanut sod is warranted to bring the project within budget and within the terms of reimbursement established in the Joint Participation Agreement with FDOT.  Combining Vila and son Landscaping Corporation base bid and Credit “3” results in a total amount of $42,805.

 

Staff recommends that Council award Bid No. B05-20, Median Landscape S.R. 5/U.S. Highway 1, Niver Street to Fleming Avenue, be awarded to bid vendor, Vila and Son Landscaping Corporation, for a total cost not to exceed $42,805.

 

Item 15 -        Purchase of Additional Flu Serum

 

Chief Russ Rafferty reserved vaccine with two vendors, to guarantee that we would have the necessary supply to meet the demand.  Council previously approved purchasing 10,000 shots from Sanofi Adventis Pasteur; the CDC is holding our next shipment until the 3rd week of the month.  GIV has (containing 10 shots each) ready to ship immediately.  Staff recommends that Council approve the purchase of 200 vials of flu serum from General Injectables Vaccine, in the amount of $21,400.

 

City Manager’s Comment:  I have authorized the delivery of the serum since the Port Orange Fire and Rescue Department was running low.  They gave the last shots from our current supply on Monday, October 10, 2005.  Sanofi Adventis Pasteur could deliver the serum quicker so that we could continue the program.  They were able to supply the serum on Tuesday, October 11, 2005.

  

F.                 REPORT FROM ADVISORY BOARD

 

Item 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.

  

G.                FINANCE

 

Item 17 -        Second Reading – Ordinance No. 2005-44 – Authorization for Issuance of Debt Not to Exceed $3,500,000 Pertaining to I-95 Overpass Improvement

 

We recommend approval.

 

City Manager’s Comments:  We have received financing proposals from banks to acquire the debt.  Currently, Finance and our Financial Advisor are reviewing the bids received.  They will be submitting a recommendation to the City Council.

  

H.                 COMMUNITY DEVELOPMENT

 

Item 18 -        Second Reading – Ordinance No. 2005-27 – Small Scale Future Land Use Amendment – City of Port Orange (Anthony Drive)

 

We recommend approval.

 

Item 19 -        Second Reading – Ordinance No. 2005-28 – Rezoning – From Volusia County A-2 (Rural Agricultural) to City of Port Orange R-10SF (Single-Family Residential)

 

We recommend approval.

 

Item 20 -        Second Reading – Ordinance No. 2005-45 – Annexation – Thollander, Robert

 

We recommend approval.

 

Item 21 -        Second Reading – Ordinance No. 2005-46 – Rezoning – From Volusia County R-1 (Suburban Single-Family) to City R-20SF (Single-Family Residential) - McCutcheon

 

We recommend approval.

 

Item 22 -        First Reading – Ordinance No. 2005-47 – Rezoning – From Volusia County A-2 (Rural Agriculture) to City of Port Orange R-8SF (Single-Family Residential) – Thollander

 

This is a request to rezone approximately 33.9 acres located south of Madeline Avenue and approximately 1,200 feet east of Williamson Boulevard from Volusia County “A-2” (Rural Agriculture) to City of Port Orange “R-8SF” (Single Family Residential).  If the rezoning request is approved, the applicant is proposing to develop the property as a single family housing development with approximately 29 units.

 

Planning Commission Recommendation:      The Planning Commission recommends approval.

 

Staff Recommendation:   Staff recommends approval.

 

Second Reading:               November 1, 2005

  

Item 23 -        First Reading – Ordinance No. 2005-48 – Rezoning – From Volusia County R-S (Urban Single Family Residential) to City of Port Orange NP (Neighborhood Preservation) – John Sinclair

 

This is a request to rezone 0.3 acres located on the east side of Isabelle Avenue north of Howes Street from Volusia County “R-5” (Urban Single Family Residential) to City of Port Orange “NP” (Neighborhood Preservation).  If the rezoning request is approved, the applicant plans to request a minor replat for the property to create three single family building lots of 44’ x 100’ each so that two large live oak trees could be preserved during construction of three new houses.

 

Planning Commission Recommendation:      The Planning Commission recommends approval 6-0 (one seat vacant).

 

Staff Recommendation:   Staff recommends approval.

 

Second Reading:   November 1, 2005

 

Item 24 -        First Reading – Ordinance No. 2005-49 – Small Scale Land Use Amendment – Brad Vogel

 

This is a request to amend the Future Land Use Map of the City of Port Orange Comprehensive Plan-Update /98.  This map amendment is to change the future land use designation of approximately 3.5 acres locate don the west side of Spruce Creek Road south of Kokomo Circle from Urban Low Density Residential (4-8 units per acre) to Office/Residential Transition.  If the amendment is approved, the applicant anticipates requesting rezoning of the property to allow construction of a single occupant medical office building.

 

Planning Commission Recommendation:      The Planning Commission recommends approval 6-0 (one seat vacant).

 

Staff Recommendation:   Staff recommends approval.

 

Second Reading:   November 1, 2005

  

Item 25 -        Resolution No. 05-94 - Proposed Tree Conservation Easement Vacation – SummerTrees South PUD, Phase 1 Subdivision, Lot 45 (6039 Hickory Grove Lane)

 

The Community Development Department has received a request to vacate an 18.00 feet in diameter Tree Conservation Easement, center located on Lot 45 of the SummerTrees South PUD, Phase I subdivision.  The property owner has made this request to allow removal of the tree due to a large split along the main trunk.  Staff inspected the tree and determined that the tree cannot be pruned to remove the hazard and, therefore, should be completely removed.  Staff supports the applicant’s request to vacate the easement and pay into the tree mitigation bank in lieu of planting replacement trees.  The required amount is $399.  The lot owner will also be required to maintain the minimum number of trees on site per the Land Development Code (LDC) which, in this case, is four (4).  The number of trees on the lot exceeds the minimum amount.

 

The easement vacation application and legal description have been reviewed for completeness and accuracy.  City departments have reviewed this request and have provided the tree bank amount to the applicant.  The tree bank payment will need to be deposited prior to the recording the quit claim deed for the easement vacation.

 

Staff recommends that Council approve the attached resolution vacating an 18.00 feet in diameter Tree Conservation Easement, center located on Lot 45 of the SummerTrees South PUD, Phase I subdivision, per the attached legal descriptions.

 

Item 26 -        Resolution No. 05-95 - Proposed Tree Conservation Easement Vacation – SummerTrees South PUD, Phase 1 Subdivision, Lot 50 (6049 Winding Ridge Lane)

 

The Community Development Department has received a request to vacate a 32.50 feet in diameter Tree Conservation Easement and a 19.00 feet in diameter Tree Conservation Easement, centers located on Lot 50 of the SummerTrees South PUD, Phase I subdivision.  A portion of the 32.50 foot easement overlaps onto Lot 49 requiring the deed and signature of the adjacent property owners (attached).  The property owner of Lot 50 has made this request in connection with a proposed pool and screened enclosure to be constructed in the easement area.  Applications for these proposals have been received.  The two trees within the easement areas no longer exist.  The property owner contends the 32.5” Oak was removed by the homebuilder in 1996 and the 19” Hickory trees was destroyed by winds in 2003 and subsequently removed.  Tree removal permits were not obtained for either removal.

 

Due to our past experience with the ineffectiveness of tree conservation easements on private lots, staff supports the applicant’s request to vacate the two easements conditioned on payment into the tree mitigation bank (Exhibit B).  The applicant is requesting a waiver from mitigation requirements for the 32.5” Oak tree based on the assertion that the builder removed the tree prior to his residence.  Staff does not support waiving the mitigation requirements for the 32.5” Oak based on past policy and the basic intent of establishing a tree conservation easement to protect trees and provide for their replacement.  The lot owner will also be required to maintain the minimum number of trees on site per the Land Development Code (LDC), which in this case is four (4).

 

The easement vacation application and legal description have been reviewed for completeness and accuracy.  City departments have reviewed this request and have provided the tree bank amount to the applicant.  The tree bank payment will need to be deposited prior to the recording of the quit claim deed for the easement vacation.

 

Staff recommends that Council approve the attached resolution vacating a 32.50 feet in diameter Tree Conservation Easement and an 19.00 feet in diameter Tree Conservation Easement, centers located on Lot 50 and overlaps onto Lot 49 of the SummerTrees South PUD, Phase I subdivision, per the attached legal descriptions.

 

Item 27 -        Resolution No. 05-96 - City of Port Orange Standard Construction Detail Update

 

Updates to the types of materials, approved manufacturers, methods of installation, methods of inspection, contact telephone numbers, and minimum wind speed requirements are needed in an ongoing effort to ensure that work performed in the City of Port Orange meets the highest workmanship standards and applicable standards. 

 

Planning Commission Recommendation:      The Planning Commission recommended approval 7-0 on February 24, 2005.

 

Staff Recommendation:   Staff recommends approval.

Item 28 -        Conditional Use – Robert and Helen Bilotta – 4465 Spruce Creek Road

 

This is a request to approve a five year extension of a Conditional Use Permit which allows a temporary motor vehicle and boat storage facility to operate in a “LI” (Light Industrial) zoning district.

 

Planning Commission Recommendation:      The Planning Commission recommends approval 5-1 (Commissioner McMasters dissenting, one seat vacant) of a Conditional Use Permit to allow a temporary motor vehicle and boat storage facility to continue operating in a “LI” (Light Industrial) zoning district as an interim use.

 

Staff Recommendation:   Staff recommends approval.

 

Item 29 -        Request for Fee Reimbursement – Ronnie Lee and Dave & Lisa McCutcheon

 

The applicants wish to be reimbursed for their $2,500 rezoning application fee.  They contend that, since the property’s Volusia County zoning is obsolete due to its annexation, they are requesting action that would eventually be taken by the City in any case.  Please see the attached letter from the applicants for additional information.

 

City Manager’s Comments:  There are two items.  First, what they are requesting is an administrative rezoning.  The City is required by Florida law to place a land use on the property after annexation and to rezone the property to the nearest compatible zoning classification to what the property was in the County.  They have paid the fees.  Since the City is required by Florida law to do the rezoning, they are requesting the fee be returned.  Second, the property owner has agreed to provide certain right of way to the City.  If the City Council returns the fee, then it should be conditioned upon the right of way dedication being made at the same time.

 

Item 30 -        Subdivision Variance – Lee

 

This is a request to approve a subdivision variance for property located at 895 Madeline Avenue to allow it to be subdivided into two lots with access to one lot provided by an unpaved street.  The recommendation includes conditions of approval concerning dedication of right of way, license agreement, restrictions on future replatting, and required plat details.  If the variance is granted, the applicants propose to subdivide the property into two lots of approximately 1-1/2 acres each, one of which would be access from an unpaved portion of Jackson Street.

 

Planning Commission Recommendation:      The Planning Commission recommends approval 5-0 (Chairman Barker not present, one seat vacant).

 

Staff Recommendation:   Staff recommends approval.

 

I.                     ADMINISTRATION

 

Item 31 -        Resolution No. 05-97 - Joint Participation/Interlocal Agreement Between the County of Volusia and the City of Port Orange for the Russell Property

 

Staff has worked with the County to finalize the Joint Participation/Interlocal Agreement for the Russell property and recommends the City Council approve and execute the Joint Participation/Interlocal Agreement for the Russell Property.

 

City Manager Comments:  The County has agreed to pay the City 25% of the purchase price of the Russell Property.  The City will pay 25% of the purchase price.  The Florida Community Trust will pay the remainder.  The City Council had set aside the total funds to acquire the property two years ago when the City Council issued additional General Fund Bonds.

 

J.                  COUNCIL COMMENTS

 

Item 32 -        Comments/Concerns from Council Members

 

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

 

 

 

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