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

                        January 24, 2006


Date:               January 17, 2006



B.                 STATE OF THE CITY MESSAGE


At this time, Mayor Green will present the annual State of the City Message.



C.                SPECIAL REPORT


Item 4 -           Report from KemperSports


A representative of KemperSports will make a report to the Council at this time.





Item 5 -           Discussion Regarding Town Park Street Lights – Paul Francis


Some months ago, the Town Park Homeowners Association requested the City Council pay for the street lights in their neighborhood.  As you will recall, there is a differential in the size of light that was installed in Town Park by the developer.  Also, the poles are different from the standard FPL light poles. 


One of the options presented by the City Manager was to pay the same electrical cost for those street lights as we do for street lights in other residential neighborhoods.  The Association would be responsible for maintaining the poles, light bulbs, and other maintenance features.  These street lights are located on public streets, not private streets. 


I am recommending the City Council enter into an agreement with the Town Park HOA concerning street lights with the City paying the same electrical cost as we pay for standard street lights in other neighborhoods.  We would bring the final agreement back to the City Council for approval.




F.                 CONSENT AGENDA


Item 6 -           Project Managers’ Report


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


Item 7 -           Approve Operating Budget Calendar for Fiscal Year 2007


Staff recommends that Council approve the attached proposed Budget Calendar for the Fiscal Year 2007 budget.



Item 8 -           Request from Port Orange Family Days to Co-Sponsor the Event in 2006, 2007, and 2008


The Port Orange Family Days has requested the City to co-sponsor their event held in October for the years 2006, 2007, and 2008, waiving fees associated with the rental of City Center.  Staff recommends that Council approve the request from Port Orange Family Days for the City to co-sponsor their events in October of the years 2006, 2007, and 2008, waiving the estimated event costs totaling $24,100.98 with the exception of the rental fee of $1,025 and electrical costs of $1,050, for a total of $2,075.


Item 9 -           Request from Port Orange YMCA to Use City Center Circle for the Healthy Heart Run/Walk


The Port Orange YMCA has requested the use of the City Center Circle area for their Healthy Heart Run/Walk event to take place on March 4 from 7:00 a.m. to noon.  Staff recommends that Council approve the YMCA request for use of City Center Circle for their Healthy Heart Run/Walk on March 4, 2006, from 7:00 a.m. to 12:00 noon and to waive the estimated event costs totaling $576 (cost sheet attached) with the exception of the $100 rental fee.


Item 10 -        Award a Contract to Harcross Chemicals for the Acquisition of the City’s Annual Usage of Fluoride


Back several months ago, the Council awarded the Water and Wastewater Chemical Cooperative bid.  Since that time, the firm that was awarded the fluoride notified all the entities that they would be unable to provide this chemical.  Staff contacted several other firms to give the City price proposals on providing this chemical to us.  Of the other two firms, the lowest responsive quote was received from Harcross Chemicals out of Tampa with a price of $1.67 per gallon for loads of 3,000 and more.


Staff is recommending that the City Council approve the purchase of the remaining usage of fluoride to Harcross Chemicals.  We will require approximately 25 tons or 50,000 pounds for the remaining year, which is approximately $8,250.  While this dollar threshold doesn’t normally require Council approval since the original action was approved to another vendor this therefore required Council authorization as well.


Staff recommends that Council approve a contract to Harcross Chemicals to provide fluoride for a cost of $1.67 per gallon and allow the Mayor and City Manager to execute these contract documents.


G.                FINANCE


Item 11 -        Resolution No. 06-9  - Budget Appropriations


Council approved the acceptance of a State Revolving Loan for the construction of the Southwest Utility Reinforcements.  Also, a budget correction is necessary for Water/Sewer Projects due to an FY2005 audit adjustment.  Additionally, a temporary loan is requested to fund travel and other issue costs for the 2006 GO Bond Issue.  It should be noted that these costs will be reimbursable from the proceeds of the bond issue.  The attached resolution appropriates funds for these projects.  Staff recommends approval.


Item 12 -        Monthly Financial Report


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




Item 13 -        First Reading – Ordinance No. 2006-4  - Rezoning – From R-10 (Single Family Residential) to GPU (Government Public Use) – Brian Gorham, Florida Power & Light


This is a request to rezone approximately 4.8 acres located at 830 Canal View Boulevard from “R-10” (Single Family Residential) to “GPU” (Government Public Use).  If the rezoning request is approved, Florida Power & Light Company, owners, are proposing to expand their adjacent facility at the southwest corner of Spruce Creek Road and Canal View Boulevard.


Planning Commission Recommendation:      The Planning Commission recommends approval 6-0 (Commissioner Bickel absent).


Staff Recommendation:   Staff recommends approval.


Second Reading:   February 28, 2006   



Item 14 -        Second 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


At the January 17 City Council Meeting, the applicant was not present when the ordinance was read on second reading.  The applicant appeared at the end of the Council meeting requesting reconsideration since the Council approved the ordinance with a limitation of 21 units.  In reviewing the record of the December 13, 2005, City Council Meeting, the City Council approved Ordinance No. 2005-66 on First Reading with a limitation of 24 units.  Should the Council decide to authorize the 24 units as agreed upon at the December 13, 2005, meeting, a motion to reconsider would be appropriate.  If the Council moves to reconsider, the ordinance would be on second reading.  I have asked the City Attorney to provide us with a legal opinion related to proper notice and advertisement.  The City may have to re-advertise for second reading.  I will provide the Council with a copy of the City Attorney’s opinion as soon as it is provided.


I.                    PUBLIC WORKS


Item 15 -        Resolution No. 06-10 – Pertaining to a Clean Water State Revolving Fund (SRF) Loan Agreement No. SW725150 for the Cambridge Basin Stormwater Management



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 or improvements.  Construction of drainage improvements for Cambridge Canal Basin North Area Drainage Improvements; Cambridge Canal Basin South Area Drainage Improvements and Devonwood Drainage Improvements were identified in the plan.


Staff recommends that Council approve the attached resolution authorizing the City to enter into a Clean Water State Revolving Fund Loan Agreement No. SW725150 for Stormwater Management in the Cambridge Basin Areas B and C and Devonwood.


J.                  PUBLIC SAFETY


Item 16 -        First Reading – Ordinance No. 2006-5 – Amending Chapter 30, Article II of the Code of Ordinances Relating to Fire Codes


The amendments serve two objectives.  The first objective is to update the Code to incorporate by reference the Florida Fire Prevention Code, the current fire safety standards.  References to outdated fire standards or that are already incorporated into the Florida Fire Prevention Code are now deleted.  Definitions for Fire Chief, Fire Marshal, Office of the Fire Marshal, and Fire Inspector are added.  The second objective is a safety measure to ensure that all buildings in Port Orange can support the 800 MHz radio system utilized in Volusia County for emergency communications.  Some large buildings, particularly those that are built with non-combustible walls or framing, do not adequately provide radio coverage for fire rescue or the police occupying a building.  The ordinance requires that all new and existing structures that exceed 5,000 square feet and are built with non-combustible walls or framing provide adequate radio coverage.  Existing buildings that do not provide adequate radio coverage must come into compliance by January 1, 2007.  Staff recommends that Council approve the attached ordinance amending Chapter 30, Article II, Fire Code, Sections 30-26 and 30-27 of the Code of Ordinances, City of Port Orange, Florida.


Second Reading:   February 28, 2006


Item 17 -        Resolution No. 06-11 - Grant to Pre-Wire Critical Facilities


The City has a need to keep its critical facilities up and running during disaster or emergency situations.  During Hurricane Charley and Hurricane Frances in 2004, the City’s shelter and EOC lost commercial power and the building generators failed.  One failed due to a bad part, the other due to excessive water entering the exhaust system.  We were able to get portable generators, but the buildings were not wired to readily accept the portables.  We learned that redundancy is key in keeping critical facilities running during disastrous events.  The need to have these critical facilities pre-wired to accept portable generators is essential to maintaining our emergency response.  The City will provide $100,000 in matching funds for this grant as follows:  Cash – $28,791; In-kind funds - $71,079.  The in-kind funds are the cost of the portable generator purchased earlier this year.  Staff recommends that Council approve the attached resolution authorizing the City Manager or his designee to submit an application for financial assistance in the amount of $50,000 to the State of Florida Department of Community Affairs under the EMPA Municipal Competitive Grant Program for Electrical Wiring at Critical Facilities.


Item 18 -        2005 Vaccination Report


Fire & Rescue will present its annual report for the 2005 Flu Season.  The report will address the number of flu and pneumonia shots given as well as projected revenue and payment.


K.                ADMINISTRATION


Item 19 -        First Reading – Ordinance No. 2006-6 – Ordinance Providing for Acquisition of Property for Economic Development in the City


At the first meeting in January, the City Council authorized the staff to bring forward a bond ordinance that would authorize the issuance of bonds to acquire an economic development tract of land on South Williamson Boulevard.  This is part of a 74 acre parcel of land that is located immediately north of U.S. Foods.  It is estimated that the land will cost $2.96 million to acquire.  This land does include wetlands.  We are in the process of having the property appraised.


The second portion of the economic development bonds is the potential of acquiring additional land in Eastport.  Currently, the bond ordinance would authorize the issuance of bonds to acquire property in Eastport should the property be needed for economic development purposes.


Although it is anticipated that the City of Port Orange would recover much of the cost of the land from the outright sale of the properties to industrial users, the City will need a revenue stream to secure the debt.  The City is proposing to use one of the City’s non-ad valorem entitlement revenues to the extent that they are not already committed to secure the bonds for the 74 acre parcel.  The City would use its CRA tax increment to secure the bonds for the potential land acquisition in the Eastport Redevelopment Area. 


It is anticipated that the City would bring forward a contract for land purchase for the 74 acre parcel in early February. 


Staff recommends that Council approve the attached ordinance authorizing the issuance of one or more economic development revenue notes not exceeding $7,000,000.00 for the acquisition of property for economic development in the City.


Second Reading:               February 7, 2006


Item 20 -        Resolution No. 06-12 – Purchase of Property Located on Homier Road from DSC


There is no material included in the packet for this item.  The City Attorney will provide this information to the Council prior to the meeting.


Item 21 -        Resolution No. 06-13 – Purchase of Property Located at 3965 Ridgewood Avenue from Joy King, Charles D. King, Walter C. Nacelli, and Juanita Nacelli


Staff has negotiated the Contract for Sale and Purchase from Joy King, Charles D. King, Walter C. Nacelli, and Juanita Nacelli for the purchase or property located at 3965 Ridgewood Avenue, Port Orange.  This property is part of the Riverwalk Property Acquisitions.


Staff recommends that Council approve the attached resolution authorizing the Mayor and City Manager to execute all documents required to purchase the property located at 3965 Ridgewood Avenue as set forth in the Contract for Sale and Purchase.


Item 22 -        Discussion – Historic Mural Project 


Attached is a letter from Yuri Ivanenko concerning a project he is proposing for City Hall.  Mr. Ivanenko will be in attendance to discuss the project with Council.


L.                 COUNCIL COMMENTS


Item 23 -        Comments/Concerns from Council Members


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


Item 24 -        City Council Committee Reports


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