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

                        December 13, 2005

 

Date:               December 7, 2005

 

 

B.                 CITIZEN PARTICIPATION

 

Item 4 -           Presentation – Business Development Partnership

 

Annually, a representative from the Business Development Partnership appears before the Port Orange City Council to report on their activities during the past year.  The BDP is a partnership between the private sector and the governmental sector working together to create better jobs for our residents.  Bob Turk has assumed his role as the executive of the BDP.  For some members of the City Council, this will be your first opportunity to meet Bob.  Port Orange meets monthly with representatives of the BDP to review the status of various projects and potential economic development clients.

 

C.                CITIZEN PARTICIPATION (Non-Agenda)

  

D.                CONSENT AGENDA

 

Item 5 -           Project Managers’ Report

 

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

 

Item 6 -           Development Activity Report for November, 2005, and Building Activity Report for October, 2005

 

Attached you will find the Development Activity Report for November, 2005, and the Building Activity Report for October, 2005.  If you have questions, please contact either Donna Steinebach or me.  We recommend that Council accept the reports.

 

Item 7 -           Bid Award – Wrecker Service

 

The City of Port Orange has received one bid in reference to the Wrecker/Towing Service Agreement.  The Port Orange Police Department has reviewed the bid received from A & A Automotive and Wrecker Services Inc.  A & A Automotive and Wrecker Services, Inc., has met the required bid specifications.  The Port Orange Police Department is recommending the Wrecker/Towing Service Agreement be awarded to A & A Automotive and Wrecker Services Inc.

 

Item 8 -           Change to Amendment No. 60 to Quentin L. Hampton Associates, Inc., Contract dated February 14, 1980, for Gymnasium and PAL Expansion and Renovations

 

Quentin L. Hampton Associates, Inc., will provide the design and recreation services to renovate the gymnasium.  The additional charge is to redesign the facility to meet new specifications for housing pre-school and the Police Athletic League areas.  Staff recommends that Council approve an increase to Amendment No. 60 of the Quentin L. Hampton Associates, Inc., contract dated February 14, 1980, for design and construction services for the gymnasium and Police Athletic League expansion and renovations in the amount of $86,900.

  

Item 9 -           Adjustment to Construction Inspection Changes – Quentin L. Hampton Associates, Inc.

 

The City contracts with Quentin L. Hampton & Associates, Inc. (QLH) for construction inspection services related to new subdivision and commercial site development within the City.  The current contract for these services was put into effect February 2002.  This contract allows for an annual adjustment of fees based on the Southeast Consumer Price Index (CPI).  The CPI Index has increased since the last adjustment was made in February 2005.  Due to rising costs, QLH has requested an increase effective January 1, 2006.   The computed hourly fee adjustment based on the requested increase will result in a $2.06/hr. increase in fees, bringing the new adjusted hourly fee rate to $45.02.  The adjustment for mileage reimbursement, which is based on allowable Internal Revenue Service (IRS) mileage reimbursement rates, will result in an increase of $0.08/mile.  The new adjusted mileage reimbursement rate will be $0.48/mile.  Both the hourly rate increase and mileage rates requested by QLH are in conformance with the provisions of the contract.

 

Staff recommends that Council approve the requested adjustment in construction inspection service fees and mileage reimbursement in accordance with the contract provisions between the City and Quentin L. Hampton & Associates, Inc.

 

Item 10 -        Award Deductive Change Order to Guardian Fueling

Technologies

 

Council awarded the removal and replacement of the fuel tanks, fuel island, and canopy to Guardian Fueling Technologies Inc. for their bid as was submitted in the amount of $327,027.82.  Staff since requested a price quotation from Guardian for downsizing the two 15,000 gallon tanks to two 12,000 gallon tanks.  That price quotation is a deductive change order in the amount of $29,027.82.  Staff recommends that Council approve the deductive change order to Guardian Fueling Technologies for $29,027.82 for the downsizing of the two 15,000 gallon fueling tanks to two 12,000 gallon tanks.

  

Item 11 -        Renewal of Service Contract with Halifax Humane Society

 

The service contract with Halifax Humane Society provides care, treatment, impound, and disposal of animals picked up in the City of Port Orange.  The contract establishes fees charged for impoundment, collection of redemption fee procedures, and billing procedures.  The 2006 contract has added Clause 9a, and the fees have increased as follows:

 

2005 Contract – rate of $31.88 plus $5.90 per day for the first three days and $7.35 per day thereafter

 

2006 Contract – rate of $34.50 plus $8.50 per day for the first three days and $10.00 per day thereafter

 

Staff recommends that Council approve the renewal of the service contract with Halifax Humane Society for January 1, 2006, through December 31, 2006.

 

Item 12 -        Approve Health Insurance Contract for 2006

 

The City of Port Orange will be offering three different plans for our employees this year.  The first is the traditional Florida Health Care HMO Program; the second is the Florida Health Care Triple Option Plan; and the third is a new program, Florida Health Care High Deductible Program.  Under the third option, employees are taking a higher deductible and a lower premium.  The City will continue to pay the same amount for all employees regardless of Plan Choice.  Those who choose the high deductible program will have the difference in their premium and the amount paid by the City for all employees placed into a Health Savings Account, less an administrative fee for managing the Health Savings Account by the City.  Unused contributions into a Health Savings Account  are carried over from year to year.  The maximum amount that can be contributed into this type of Health Savings Account is limited to the deductible amount.  We are looking at other types of Health Savings Accounts specifically designed for retirement.  Money being placed into a Health Savings Account goes in pre-taxed and comes out pre-taxed. 

 

We recommend approval of the insurance plans for the City of Port Orange beginning January 1.  The reason for the lateness of bringing this contract forward has been a delay in obtaining the new premium pricing to include the high deductible plan.

  

Item 13 -        Approve Contract with Bank of America to Administer the HSA Funds

 

Because of the newness of the Health Savings Account, we have only been able to obtain one quote to administer the accounts for our employees, Bank of America.  We recommend that we contract with Bank of America to provide services to administer the Health Savings Accounts.

 

Item 14 -        Request for Council to Authorize Demolition of Four City-Owned Structures

 

The City has advertised on two occasions to receive bids for the demolition of four city-owned structures located on Halifax Drive.  No bids have been received.  The developer of Riverwalk has offered to remove these structures at no cost to the City or the CRA.  Staff recommends approval.

 

Item 15 -        Retaining Legal Counsel – Tallahassee

 

Although William does a great job tracking legislation for the City of Port Orange, we have found that we are not as effective as we can be, especially with agencies and with legislative funding opportunities.  This year, we have the Cambridge Project as our legislative priority.  This one needs very special legislative language since we will have started construction on the project in advance of receiving the legislative appropriation.  We will need language that recognizes and authorizes us to be reimbursed for cost.  We are recommending the Pittman Firm be contracted to help us in this effort.  We have talked with other Volusia Cities who have legal counsel in Tallahassee helping them track legislation.  The range of payments is between $25,000-$50,000 annually.  We have been able to negotiate $40,000.  We believe this is a fair price for our City.

 

As I stated in our legislative program memorandum, we cannot have somebody in Tallahassee all the time.  We need to have somebody tracking our legislative priorities and meeting with people on our behalf.  Senator Lynn and Representative Hukill do an extremely good job for us.  However, they cannot track all the things we are interested in either. 

 

More and more cities and counties have firms representing them in Tallahassee on legislative and administrative issues. Should you have questions, please feel free to contact William or me.

  

E.                 PUBLIC HEARING

 

Item 16 -        Resolution No. 05-119 – Comprehensive Plan Amendment

Package – Riverwalk

 

The City of Port Orange is proposing a series of amendments to the Comprehensive Plan to help realize the goals and objectives of the Port Orange Town Center Redevelopment Plan.  Specifically, the City is proposing to amend the Future Land Use Element, Future Land Use Map, Transportation Element, Coastal Zone Management Element, and Capital Improvements element of the City of Port Orange comprehensive Plan – Update ’98.  Collectively, these amendments set the framework for redevelopment within the 35.4 acre Riverwalk Redevelopment Project Area, including the establishment of a Transportation Concurrency Exception Area (TCEA) for the entire Port Orange Town Center Redevelopment District.

 

The Planning Commission is scheduled to review this package of amendments at a Special Meeting on December 8, 2005.  The Commission’s recommendation will be provided subsequent to the Council meeting.

 

Staff recommends that Council approve the attached resolution authorizing transmittal of the proposed Comprehensive Plan Amendments associated with the Riverwalk Redevelopment Project area, including the TCEA for the entire Port Orange Town Center Redevelopment District, to the State Land Planning and other agencies.

  

Item 17 -        Resolution No. 05-122 – Fall 2005 Large Scale Comprehensive Plan Amendment Package – Wellfield Property, Text and Map Amendments

 

This is a request to approve the attached resolution authorizing the transmittal of the Fall 2005 Large-Scale Comprehensive Plan Amendment Package to the Florida Department of Community Affairs and other state agencies for review, as recommended by the Planning Commission.

 

The subject amendment package contains two separate cases which were reviewed at two separate Planning Commission meetings, as described below. The staff reports for on these items are attached for your review.

 

Planning Commission Recommendation:      At its September 28, 2005 meeting, the Planning Commission recommended transmittal 6-0 (one seat vacant) of a City-initiated amendment for the City’s wellfield property. The purpose of the amendment is fulfill the City’s obligations from an Interlocal planning agreement with Volusia County, in which each jurisdiction changes its future land use map designations to support the uses permitted by the agreement.

 

At its October 27, 2005 meeting, the Planning Commission recommended transmittal 5-0 (Commissioners Parker and Atwood absent) of City-initiated amendments to the Future Land Use and Transportation Elements. The Future Land Use Element amendment revises the mix of uses allowed under the Office/Residential Transition category to require a greater mix of non-residential uses. The Transportation Element amendment changes the Future Transportation Networks maps and accompanying table to show westward extensions of Madeline Ave. and Willow Run Blvd., and changes the names of the collector and arterial roads west of I-95.

 

Staff Recommendation:   Staff recommends approval.

 

City Manager’s Comments:  This item will be transmitted to both the State of Florida and to the Volusia Growth Management Commission.  After the City receives comments back from both DCA and VGMC, we will bring the Comprehensive Plan Amendment forward for adoption by the City Council.  The City Council cannot amend the Comprehensive Plan until after the reviews have been completed.

  

F.                 FINANCE

 

Item 18 -        First Reading – Ordinance No. 2005-59 - Water/Sewer Development Fees

 

Since the implementation of Water and Sewer Development Fees, a variety of City Departments have been providing administrative services in order to calculate, collect, and provide overall administration of Recreational Facility Development Fees.  It has been determined that a 2% administration charge by the General Fund would fairly compensate the General Fund for staff time and cost incurred.

 

The attached ordinance establishes Article IV of Chapter 21 of the Land Development Code.  The Planning Commission voted to approve the amendment to the Land Development Code.  The City Attorney recommends that the Water and Sewer Development Fee regulations be relocated to the Land Development Code, as a result of statutory language classifying impact fees as land development regulations.  Staff recommends approval.

 

Second Reading:   January 16, 2006

 

Item 19 -        First Reading - Ordinance No. 2005-60 - Recreational Facility Impact Fees

 

Since the implementation of recreation impact fees, a variety of City Departments have been providing administrative services in order to calculate, collect, and provide overall administration of Recreational Facility Development Fees.  It has been determined that a 2% administration charge by the General Fund would fairly compensate the General Fund for staff time and cost incurred.

 

The attached ordinance establishes Article III of Chapter 21 of the Land Development Code.  The Planning Commission voted to approve the amendment to the Land Development Code.  The City Attorney recommends that the Recreational Development Fee regulations be relocated to the Land Development as a result of statutory language classifying impact fees as land development regulations.

  

Item 20 -        First Reading – Ordinance No. 2005-61 - Authorization for the City to Issue Water and Sewer Refunding Revenue Bonds not to exceed $10,200,000

 

During the City’s regular evaluation of outstanding debt, it was determined that the 1997 Water and Sewer Revenue Bonds could be refunded with new debt payable at a lower interest rate.  The net result would be a lower required annual payment and saving to the City.  The attached ordinance authorizes this transaction.  Staff recommends approval.

 

Second Reading:   January 3, 2006

 

City Manager’s Comments:  We have looked at creating savings within the various bond issues.  The last time we refunded water and sewer bonds, these maturities did not make sense to refund.  Today, the market conditions make it potentially a good candidate for refunding.  They have relatively short maturities.  I have asked Toby Wagner to look at these issues to determine the savings and whether we could structure to create even more permanent savings.  I will not ask the City Council to take cash out of the bond issue but rather to use any savings to reduce our debt service payments.  That provides us with income to meet our operating and renewal and replacement needs in the future.                 

 

Item 21 -        Resolution No. 05-123 - Interlocal Agreement between City of Port Orange and Daytona Beach Shores Regarding Wholesale Sewer Service and Retail Utility Customer Billing

 

The Cities of Port Orange and Daytona Beach Shores have been discussing the restructuring of wholesale sewer billing as offset by retail customer service charges for several months.  The attached agreement has resulted from these discussions.   In summary, Port Orange will incorporate Daytona Beach Shores utility billing (sewer, garbage) into the Port Orange water billing.  Instead of forwarding collections from this billing to Daytona Beach Shores, we will offset the wholesale sewer charges resulting in a net amount due from or to Daytona Beach Shores.  Please see the attached agreement for detail.  Staff recommends approval.

 

Item 22 -        Resolution No. 05-124 – Authorizing Declarations of Official Intent Under U.S. Treasury Regulations with Respect to Reimbursement from Note and Bond Proceeds of Temporary Advances Made for Payments Prior to Issuance, and Related Matters (Cambridge Reimbursement)

 

There is no written material in the packet.  Margaret is working on the Resolution, and the Resolution and agenda material will be sent to the City Council on either Friday or Monday. 

 

The Florida Department of Environment Protection (DEP) is requiring us to enact this Resolution prior to moving forward with our SRF loan application request related to the Cambridge Project.  This allows the recovery of certain expenditures from bond proceeds for advances made prior to issuance of bonds. 

 

Initially, the City thought DEP was talking about our own bond issue.  However, Quentin L. Hampton Associates, Inc., made contact with DEP.  They were told that DEP is considering issuing additional bonds to fund drainage projects in the State of Florida.  They want the ability to recover advances they may have made from sources.  This Resolution would allow them to do so without placing in jeopardy the tax exempt nature of their bonds. 

 

We have provided copies of this Resolution to Peter Dame, who serves as our legal advisor on bond and tax issues, and Toby Wagner, who serves as our Financial Advisor on bond related items.  Both have reviewed the Resolution and do not see a problem with its adoption by the City Council. 

 

We recommend approval.

  

G.                COMMUNITY DEVELOPMENT

 

Item 23 -        Second Reading – Ordinance No. 2005-4 – Annexation – Port Orange Investments (Waters Edge) 36.24 Acres

 

We recommend approval.

 

Item 24 -        Second Reading – Ordinance No. 2005-5 – Annexation – Port Orange Investments (Waters Edge) 10.01 Acres

 

We recommend approval.

  

Item 25 -        Second Reading- Ordinance No. 2005-3 – Adoption of Fall 2004 Comprehensive Land Use Amendment – Port Orange Investments (Waters Edge)

 

We recommend approval.

 

Item 26 -        Second Reading – ordinance No. 2005-30 – Small Scale Land Use Amendment – Woodhaven Subdivision (aka Stanaki PUD)

 

We recommend approval.

 

Item 27 -        Second Reading – Ordinance No. 2005-52 – Amending Article III, Section 58 of the Code of Ordinances Relating to Special Events

 

We recommend approval.

 

Item 28 -        First Reading – Ordinance No. 2005-58 – Establishing a Moratorium on Amendments to the Comprehensive Plan, Rezonings, Development Orders, and Building Permits in the Riverwalk Redevelopment Project Area

 

The proposed development moratorium would limit any new development in the Riverwalk area during the time the Comprehensive Plan is being considered and reviewed by the various agencies and departments.  It would be for a maximum of 1 year.  However, at any point during the 1 year period, the City Council could lift the moratorium.  This will give the City an opportunity for the Comprehensive Plan to be updated, prepare a revised Riverwalk Redevelopment Plan, and to do a variety of other items.  If adopted, the moratorium establishes what items can be done during this period.  Staff has discussed this item with the Master Developer and they are in agreement.

 

Second Reading:  January 3, 2006

  

Item 29 -        First Reading – Ordinance No. 2005-62 - Annexation – Nautica Lakes PUD

 

This is a request to annex approximately 34.5 acres of land locate don the north and south sides of Willow Run Boulevard, west of Williamson Boulevard.

 

James S. Morris, applicant, on behalf of DSC of Newark Enterprises, Inc. and Humphrey Florida Corp., property owners, requests the annexation of approximately 34.5 acres into the City of Port Orange.  Concurrent with the annexation petition, an application has also been submitted to rezone the property to “PUD” (Planned Unit Development).  The property already has City of Port Orange Future Land Use designations.  This is due to the fact that much of the land in this area is governed by an interlocal agreement between the City and Volusia County.  The agreement anticipated the future annexation and development of this and other properties west of the City limits.  That agreement assigned a City Future Land Use designation to the property and thereby made it subject to the City’s Comprehensive Plan for planning purposes.  If annexed, the contract purchaser intends to combine the subject property with a separate 15-acre tract that is already within the City’s municipal boundaries.  This developer intends to develop the entire 49.5-acre tract as a mixed-use Planned Unit Development containing approximately 476 multi-family units, 50,000 square feet of commercial space and associated infrastructure improvements.  The rezoning request was heard by the Planning Commission at its November 17, 2005 meeting.  At the applicant’s request, the annexation petition was delayed until such time as it could proceed concurrent with the rezoning request to City Council.     

 

Staff recommends that Council approve the attached ordinance annexing approximately 34.5 acres of land located on the north and south sides of Willow Run Boulevard, west of Williamson Boulevard.

 

Second Reading:   January 17, 2006     

  

Item 30 -        First Reading – Ordinance No. 2005-63  - Rezoning and Approving a Master Development Agreement and Conceptual Development Plan – Nautica Lakes Planned Unit Development

 

This is a request to rezone an approximate 49.5 acre tract from Volusia County “A-2” (Rural Agriculture) and City of Port Orange “A” (Agriculture) to City of Port Orange “PUD” (Planned Unit Development) and to approve the Master Development Agreement (MDA) dated November 18, 2005, and the Conceptual Development Plan (CDP) dated November 21, 2005, for the Nautica Lakes Planned Unit Development.  If approved, the proposed PUD will consist of approximately 476 multi-family units; 50,000 square feet of commercial space and associated infrastructure and stormwater improvements.  The revised MDA and CDP were submitted to staff on November 21, 2005.  Based upon this revised submittal addressed, there are still six outstanding technical comments.

 

Planning Commission Recommendation:      The Planning Commission recommended approval 7-0.

 

Staff Recommendation:   Staff recommends approval.

 

Second Reading:   January 17, 2006

 

Item 31-         First Reading – Ordinance No. 2005-66 - Rezoning – From PO (Professional Office) and R-3L (Low-Density Multi-Family Residential) to R-3M (Medium-Density Multi-Family Residential) – David Stuart

 

This is a request to rezone approximately 2.65 acres located at 3500 and 3510 Clyde Morris Blvd. From “PO” (Professional Office) and “R-3L” (Low-Density Multi-family Residential) to “R-3M” (Medium-Density Multi-family Residential).  If approved, the applicant intends to develop the property with up to 32 multi-family units along with associated site improvements.

 

Planning Commission Recommendation:      The Planning Commission recommended denial 4-3 (Commissioners Atwood, Bickel, Booth, and McMasters voting no).

 

Staff Recommendation:   Staff recommends denial.

 

Second Reading: January 17, 2006

  

Item 32 -        First Reading – Ordinance No. 2005-67 - Rezoning – From A (Agricultural) and RR (Rural Residential) to RR (Rural Residential) – Coventry Partners, LLC

 

This is a request to rezone approximately 53.1 acres, from "A" (Agricultural) and "RR" (Rural Residential) to "RR" (Rural Residential), as recommended by the Planning Commission.  The property is located on the east side of Hensel Road north of Seminole Woods subdivision (Tax Parcel #6321-00-00-0071 [portion] and Tax Parcel #6321-00-00-0074), from "A" (Agricultural) and "RR" (Rural Residential) to "RR" (Rural Residential). If the rezoning request is approved, the applicants plan to request a major subdivision for the property to develop single-family detached housing.

 

Planning Commission Recommendation:      The Planning Commission recommends approval, 4-0 (Commissioners Atwood and Bickel absent, Commissioner Lasky excused), on Oct. 26, 2005, of a request to rezone two tracts of approximately 53.1 acres.

 

Staff Recommendation:   Staff recommends approval.

 

Second Reading: January 17, 2006       

 

Item 33 -        First Reading – Ordinance No. 2005-68 - Rezoning – From A (Agricultural) R-20 SF (Single Family Residential) Coventry Partners, LLC

 

This is a request to rezone approximately 29.2 acres, from "A" (Agricultural) to "R-20SF (Single Family Residential).  The property is located west of Bent Oaks subdivision and north of Seminole Woods subdivision (Tax Parcel #6321-00-00-0071 [portion]), from "A" (Agricultural) to "R-20SF (Single Family Residential). If the rezoning request is approved, the applicants plan to request a major subdivision for the property to develop single-family detached housing.

 

Planning Commission Recommendation:      The Planning Commission recommended approval, 4-0 (Commissioners Atwood and Bickel absent, Commissioner Lasky excused), on Oct. 26, 2005.

 

Staff Recommendation:   Staff recommends approval.

 

Second Reading:   January 17, 2006

 

Item 34 -        First Reading – Ordinance No. 2005-69 - Rezoning – From A (Agricultural) to PO (Professional Office) – Vogel

 

This is a request to rezone approximately 3.5 acres, located at 830 Selin Circle, Port Orange, from “A” (Agricultural) to “PO” (Professional Office.  The rezoning, if approved, would allow applicants to construct a chiropractic medical office building of approximately 5,000 sq. ft., along with parking, drainage facilities, landscaping, and other associated infrastructure.

 

Planning Commission Action:  The Planning Commission recommended approval, 7-0, on Nov. 17, 2005, to rezone approximately 3.5 acres, located at 830 Selin Circle, Port Orange (Tax Parcel #6309-01-01-0050), from “A” (Agricultural) to “PO” (Professional Office).

 

Staff Recommendation:   Staff recommends approval.

 

Second Reading:   January 17, 2006     

 

Item 35 -        First Reading – Ordinance No. 2005-70 - Amending Chapter 20, Section (b), of the Land Development Code Relating to Economic Development Incentives

 

There has been a change in the State Law related to waiver of building fees.  It is much like our impact fees--somebody has to pay the fees, either the development or the City.  Therefore, we are recommending the deletion of the fee waiver in our Ordinance.  If we have a project that needs fee waivers as part of the incentive program, we will bring that forward as part of the package, not an automatic waiver.  We are not finding that economic development fee waivers have been an enticement to create jobs within the community.   This would apply throughout the city, including the CRA areas.

 

Second Reading:               January 17, 2006

  

Item 36 -        Resolution No. 05-125 – Local Agency Program Agreement for the Spruce Creek Road Sidewalk Project with Florida Department of Transportation (FDOT)

  

The City intends to construct an 8-foot wide multi-use sidewalk along the east right-of-way of Spruce Creek Road from Commonwealth Boulevard to approximately 300 feet north of Eastport Parkway and from Oak Street to Dunlawton Avenue, including a pedestrian bridge over the Halifax Canal. The project also includes an 8-foot wide multi-use sidewalk loop through Buschman Park. In order to complete the sidewalk between Oak Street and 300 feet north of Eastport Parkway, the City must obtain sidewalk easements from five private property owners and construct this section of sidewalk at a later date. The Engineer’s preliminary estimate for this section of future sidewalk is $62,000.

 

The sidewalk will be constructed as part of the Sanitary Sewer System Extension Project (UET002) which is being advertised for bids to be received in January 2006 and is being coordinated by the Public Utilities Department.

 

This sidewalk is the second project to receive FDOT funding through the MPO’s Pilot Bicycle-Pedestrian Program funding. Through this Local Agency Program Agreement (Exhibit A), the FDOT will reimburse the City 50% of the construction costs of the sidewalk and pedestrian bridge up to a not to exceed amount of $168,000. The Engineer’s preliminary estimate for the sidewalk and pedestrian bridge is  $388,000, which would leave the City’s share of the cost at $220,000, which would be funded under the Sanitary Sewer Extension Project.

 

Staff recommends that Council approve the attached resolution authorizing the Local Agency Program Agreement with FDOT for the construction of a concrete sidewalk along Spruce Creek Road between Dunlawton Avenue and Commonwealth Boulevard (Exhibit A), and to authorize the Mayor and City Manager to execute said agreement on behalf of the City (Exhibit B).

  

H.                 PUBLIC UTILITIES

 

Item 37 -        Resolution No. 05-126 – Pertaining to a Drinking Water State Revolving Fund (SRF) Construction Loan Agreement DW6413030 for the Southwest Utilities Reinforcements

 

This is a request to authorize the City to enter into a Drinking Water State Revolving Fund (SRF) Construction Loan agreement for the Southwest Utilities Reinforcements, and to authorize the Mayor and City Manager to execute the resolution and loan agreement.

 

The Florida Department of Environmental Protection previously accepted the City’s Water Facility Plan, which identified various planned improvements, thereby making them eligible to receive SRF Loans to assist with design and construction of improvements.  Drinking water mains along Taylor Road, Tomoka Farms Road, and Pioneer Trail were identified in the Facility Plan.  The project is currently being bid and is targeted for council award in January 2006.

 

Staff recommends approval.

 

I.                     ADMINISTRATION

 

Item 38 -        Second Reading – Ordinance No. 2005-56 – Southwest Utilities Reinforcement for Water Main Improvements Along Taylor Road, Pioneer Trail, and Tomoka Farms Road – Bonds

 

We recommend approval.

 

Item 39 -        Second Reading – Ordinance No. 2005-57 – Cambridge Canal Basin Drainage Improvements – Bonds

 

We recommend approval.

  

Item 40 -        2006 Legislative Program

 

This year, the Florida Legislature will begin meeting on March 7, 2006, for their annual legislative session.  The issues that may face the new legislature beyond the hurricane disaster, the budget, and growth management are difficult to anticipate; however, the staff recommends Council supporting the issues listed on the attached 2006 Legislative Program.

 

City Manager’s Comments:  We will be tweaking the program.  The recommendations that are being made are to our City Council.  Once the Council approves the Program, we will make the changes to the document and make sure that it is worded similarly to the Florida League of Cities Policy Program with words such as “the Port Orange supports legislation that…..”

 

Item 41 -        Hurricane Katrina – Sister City, Long Beach Recovery Assistance Project Update

 

Attached is a report regarding the assistance provided to the City of Long Beach.  William will present the report.

 

Item 42 -        Presentation on Uniform Method of Collecting Non-Ad Valorem Special Assessments for Certain Roads and Related Improvements

 

This preserves the City’s right to use the non-ad valorem collection method as allowed by State Law.  State law requires the City to notify the Property Appraiser of our intent to use the non-ad valorem method to collect assessments prior to December 31.   There are several steps that must occur prior to actually being able to establish the assessments.  We are in the study process currently. In May, we will be bringing forward the list of properties that will be included in the special assessment process for the City Council’s review.  A decision would have to be made at that time whether to proceed or not.   I presented to the City Council last year a proposal that would allow the City of Port Orange to use special assessments to construct streets in advance of development and assess the properties to pay the cost.  This was an attempt by the City to make sure that development has the ultimate infra-structure in place.  We have faced the situation this year where intersections and roads were failing.  By constructing the roads to the ultimate width, the City would save disruption on the system as well as making sure that all growth related infra-structure is there.

 

Also, the City Council discussed including Halifax Drive’s traffic calming and underground electric in the list.  We are preserving the right to include this road system in a special district, too.  This one needs study and an agreement from the residents and the Council on the scope of work.

 

J.                  COUNCIL COMMENTS

 

Item 43-         Comments/Concerns from Council Members

 

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

 

Item 44 -        City Council Committee Reports

 

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

 

 

Kwp/rlg