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

                        April 4, 2006

 

Date:               March 27, 2006

 

 

B.                 SPECIAL RECOGNITION AND PROCLAMATIONS

 

Item 4 -           Proclamation – Neurofibromatosis Awareness Month

 

Attached is the proclamation naming the month of May, 2006, as Neurofibromatosis Awareness Month.

 

City Manager’s Comment:  City Council Member Pohlmann asked for this item to be placed on the City Council Agenda.  The City of Pembroke Pines requested cities to adopt the proclamation in support of Neurofibromatosis Awareness.

 

C.                CITIZEN PARTICIPATION

 

Item 5 -           Presentation from Jan McCormack – Museum of Arts and Sciences Director

 

Ms. McCormack will make a report to the Council regarding Gamble Place.

 

City Manager’s Comment:  Gamble is scheduled to be opened to the public on the Saturday prior to Memorial Day.

 

D.                CITIZEN PARTICIPATION (Non-Agenda)

E.                 CONSENT AGENDA

 

Item 6 -           Approval of Minutes

 

Attached are the minutes of the meetings of October 18, 2005; October 25, 2005; November 1, 2005; November 15, 2005; and December 6, 2005.  If you have questions, please contact either Shirley Kelly or me.  We recommend approval.

 

Item 7 -           Update on Water/Sewer Construction Projects

 

Attached is the report from Quentin L. Hampton Associates, Inc.  If you have questions, please contact Roger Smith, Mark Hampton, or me.

 

Item 8 -           Update on Recreational Facilities

 

Attached is the report from Parks and Recreation.  If you have questions, please contact either Glen Walker or me.

 

Item 9 -           Road Construction Report

 

Attached is the report from Public Works.  If you have questions, please contact either Warren Pike or me.

 

Item 10 -        Sole Source Purchase – Vehicle Equipment for New Patrol Vehicles

 

The Police Department is requesting authorization to purchase the attached listed vehicle equipment for new patrol vehicles.  This quote also includes labor to switch equipment from existing vehicles to new vehicles.  The sole source quote from Communications International is $55,818.10.  a copy of the quotation from Communications International is attached.  Staff recommends that Council approve the sole source purchase of vehicle equipment for new patrol vehicles from Communications International.

 

Item 11 -        Approval of TV Production Arrangement with the Town of Ponce Inlet

 

Under the City’s cable franchise agreement and pogTV business plan, the City is allowed to seek grants from the community to sponsor programming.  Another aspect of the business plan is to perform production work for other municipalities or groups.  PogTV has negotiated a video production arrangement to create, film, and edit production pieces for Ponce Inlet to air on their government access channel.  Staff recommends that Council approve a video production working relationship between pogTV and the Town of Ponce Inlet for their Government Access Television Station per the terms of the attached agreement letter.  There are two prices in the agreement.  If Ponce In Let provides the disc, then the production cost will be one price.  However, if they do not provide the disc, then the price will be higher to cover the cost of the material.

 

Item 12 -        Approve the City Co-Sponsoring with the Museum of Arts and Sciences the Gamble Place Opening Day/Cracker Festival – May 27, 2006

 

Plans for Gamble Place Opening/Festival, which will be a fundraiser for the Museum of Arts and Sciences, is being scheduled by the Museum for Saturday, May 27, 2006, if approved by the Mayor and City Council.  There will be a charge of $10.00 for adults, $8.00 for Museum of Arts and Sciences members, and children 18 and under are free.  Events such as a bake sale, pie contest, children’s historic games and activities, Timucuan re-enactors, etc., are planned for the day, along with crafters and music by the Florida Strings.  Food for sale will be catered by Sonny’s BBQ and a Museum Guild bake sale.  The Museum of Arts and Sciences has proposed to split their proceeds 80/20 to cover the City of Port Orange parking fee.

 

Staff recommends that Council approve the City’s co-sponsoring of the Gamble Place Opening Day/Cracker Festival on Saturday, May 27, 2006.

 

Item 13 -        Approve the Bill Flatt’s Memorial Children’s Fishing Derby – April 15, 2006

 

Attached is a request to hold Bill Flatt’s Memorial Children’s Fishing Derby at the northwest end of the Port Orange Causeway from 9:00 a.m. to 1:00 p.m. on Saturday, April 15 (with a rain date of April 29).  This event is for all children 12 years of age or under.  There will be free soda, hamburgers, hot dogs, and trophies and prices will be awarded (an event poster is attached).  The Port Orange Elks & Elkhearts Lodge No. 2723, Veterans of Foreign Wars Post 3282 and Auxiliary, and the American Legion Post 270 sponsor this event.

 

Staff recommends that Council approve the Bill Flatt Memorial Children’s Fishing Derby to be held at the Port Orange Causeway Saturday, April 15, 2006, from 9:00 a.m. to 1:00 p.m., with a rain date of April 29, 2006.

 

Item 14 -        Change Order No. 3 to Southmass Construction, Inc., for Additional Woodworking and Construction at Gamble Place

 

Additional woodwork and construction is needed for the restoration and public safety at the Gamble Place Project.  Staff recommends that Council approve Change Order No. 3 to Southmass Construction, Inc., in the amount of $29,051 for additional woodworking and construction at Gamble Place.

 

Item 15 -        Purchase – Halifax Mobile Home Park Unit – 108 Third Avenue

 

The agreement established with residents in the Halifax Mobile Home Park in 1998 calls for an annual purchase of units from owners in the Park.  The purchase process is outlined in the Policy Handbook adopted by Council in February 2001.  The proposed purchase has met the regulations outlined by the handbook.  Council approval is being sought for the purchase of 108 Third Avenue from Robert William Maunsell in the amount of $6,500.00 less any fees owed to the Park.

 

Staff recommends that Council authorize the Mayor and City Manager to execute the contract for the purchase of 108 Third Avenue from Robert William Maunsell in the amount of $6,500.00.

 

Item 16 -        Purchase – Halifax Mobile Home Park Unit – 107 Fourth Avenue

 

The agreement established with residents in the Halifax Mobile Home Park in 1998 calls for an annual purchase of units from owners in the Park.  The purchase process is outlined in the Policy Handbook adopted by Council in February 2001.  The proposed purchase has met the regulations outlined by the handbook.  Council approval is being sought for the purchase of 107 Fourth Avenue from Edwin G.  and Carol A. Slater in the amount of $4,100.00 less any fees owed to the Park.

 

Staff recommends that Council authorize  the Mayor and City Manager to execute the contract for the purchase of 107 Fourth Avenue from Edwin and Carol Slater in the amount of $4,100.00.

 

Item 17 -        Extension of Spraying Contract with Tru-Green Chemlawn, Inc.

 

The City presently has a contract with Tru-Green Chemlawn, Inc., for spraying services for 33 acres of parkland.  The City wishes to renew the agreement, piggybacking the City of Fort Pierce’s contract at a price of $46,129 until July 2006, at which time this contract will be renewed through the City of Fort Pierce.

 

Staff recommends that Council approve the extension of the contract for spraying services for the Bermuda Grass Park Areas, piggybacking the City of Fort Pierce’s contract No. 5420 at a price of $46,129 for our 33 acres of park areas until July, 2006.

 

Item 18 -        Rejection of Bids – Demolition of Assorted Mobile Homes

 

Staff solicited bids for the demolition of assorted mobile homes, most of which are located at the Halifax Mobile Home Park.  Because of the number of units and the age of the units, DEP was contacted, stepped in, and requested that an asbestos survey be performed.  The City did so and some asbestos was found.  The asbestos found was not used in the original construction of the unit but, rather, in the sealant of the roof in an apparent roof leak.  The random method was used in the testing so not every unit was tested.  The findings indicate that the asbestos found is a non-friable category I material which may be demolished using the wet demolition method.  This wet demolition method should be performed by a certified roof or flooring contractor with specific personnel and materials trained with the specific procedures which would be required.  The successful contractor would also be required to comply with accompanying OSHA regulations. 

  

Because there are residents still living in the Park and because the regulatory forms, requirements, procedures, etc., are more cumbersome than first thought, staff recommends that the Council reject all the bids at this time and that this subject be revisited at a later time when perhaps all units are going to be demolished.  Such an approach will lower our potential risk and be more cost effective. 

 

Item 19 -        Request for Off-Site Signage – March of Dimes

 

This year, the March of Dimes WalkAmerica Walk will be staged here at City Hall, as you have previously permitted.  Staff is requesting that off-site directional signs along with corporate sponsors signs and mission statement sign be allowed along the walk route for this half-day event, provided they comply with the items listed below.  The walk route map is attached for your review.

 

1.                  a temporary sign permit with fees waived shall be obtained from the Community Development Department;

2.                  the signs shall be erected for a period of no more than two (2) days;

3.                  any sign remaining after 5:00 p.m. on Saturday, May 6, 2006, shall be removed by the City.

 

Staff further recommends that the subject request be granted in subsequent years, providing it is held at the City Center Complex and that future requests comply with the above conditions.

 

Staff recommends that Council approve the off-site directional signs, corporate sponsor signs, and mission statements for the March of Dimes WalkAmerica Walk.

 

F.                 BOARDS AND COMMISSION

 

Item 20 -        Report from Environmental Advisory Board

 

A representative of the Environmental Advisory Board will make a report to the Council at this time.

 

G.                COMMUNITY DEVELOPMENT

 

Item 21 -        Second  Reading – Ordinance No. 2050-32 – Annexation – Northeast Corner of William Boulevard and Madeline Avenue

 

We recommend approval.

 

Item 22 -        Second Reading- Ordinance No. 2006-11 – Rezoning – From Volusia County A-2 (Rural Agriculture) to City of Port Orange PUD (Planned Unit Development); Approval of Master Development Agreement and Approval of Conceptual Development Plan – Villa Park PUD

 

We recommend approval.

 

Item 23 -        First Reading – Ordinance No. 2006-12 - Building Code Update

 

This is an ordinance amending Chapters 7 and 8 of the Port Orange Code of Ordinances providing for the update to the 2004 Florida Building Codes as mandated by Florida Statute 553 and became effective on October 1, 2005.  Removing redundant sections from the Code of Ordinances that has been included in the 2004 Florida Building Code or that have become obsolete.  Adopting the Building Officials Association of Florida Chapter 1 Model Administrative Code provisions and adopting appendixes as recommended by the Volusia Flagler Counties Unified Code Committee.  This received unanimous recommendation for adoption by the Construction Regulation Board and Planning Commission.  Staff recommends that Council approve the attached resolution amending Chapters 7 and 8 of the Code of Ordinances.

 

Item 24 -        Discussion - New Application Fees for Minor Subdivisions and Rezonings, and Construction of Single-Family Homes in the RMH Zoning District

 

At its February 21, 2006, meeting, the City Council heard from Mike Pryor who wished to know why the fees for minor subdivisions and rezonings have increased.  Attached is a memorandum with more information on this topic.

 

Item 25 -        Dedication of Right-of-Way Along McDonald Road

 

The property owners, Victor and Michelle Vanlancker, are giving the City half of the remaining required right-of-way (31 feet) as a condition to the approval of a requested minor subdivision.  Attached is an executed copy of the Deed of Dedication, prepared by the City Attorney’s Office, along with a survey showing the area to be dedicated.  The total area measures 31 X 203.22 feet.  According to Chapter 12, Section 9 of the Land Development Code, the ultimate right-of-way width for McDonald Road, between Sixth Street and Sauls Road, is 80 feet wide; currently there is only 18 feet of right-of-way.  The additional right-of-way is required by the LDC for future expansion or upgrades to McDonald Road.  Staff recommends that Council accept the dedication of right-of-way along McDonald Road.

Item 26 -        Concurrency and  Fair Share Agreement for the Final Site Development Plan – Arya Center

 

Arya Center, which is located near the southwest corner of the Clyde Morris Blvd./Willow Run Blvd. Intersection, is a proposed 6,500 square foot office building going through the City’s minor site plan process and being reviewed at the staff level.  Due to roadway and intersection level-of-service problems within the City, concurrency improvements are being planned at locations where these problems exist.  All new development in the City is required to pay for its impacts to those level-of-service problem locations through a Concurrency and Fair-Share Agreement.  Arya Center’s fair share amount is $38,694, which will go toward the improvement of the Clyde Morris Blvd./Dunlawton Avenue intersection.  The subject agreement must be approved by the City Council, in addition to having the fair-share amount paid, before a Development Order can be issued for this project.  For more information, please see the memorandum prepared by Melissa Booker, Senior Planner.  Also included is a copy of the Arya Center Site Plan and architectural elevations for the Council’s information.  Staff recommends that Council approve the Concurrency and Fair-Share Agreement for the Arya Center Final Site Plan.

 

H.                 PUBLIC SAFETY

 

Item 27 -        Bike Week Report

 

The Port Orange Police Department will present a report that will detail the number of traffic violations, sound violations, activity and complaints that were investigated during Bike Week.

 

I.                     PARKS AND RECREATION

 

Item 28 -        Resolution No. 06-31 - Interlocal Agreement with Daytona Beach Leisure Services and Ormond Beach Leisure Services for Special Needs Individuals with Disabilities

 

This is a request to approve the Interlocal Agreement for the reciprocal use of Municipal Recreation Facilities and Provision for Therapeutic Recreation Program for Special Needs Children with Disabilities, establishing a five year agreement between the City of Port Orange Parks and Recreation Department; the City of Daytona Beach Leisure Services Bureau and the City of Ormond Beach Department of Leisure Services to work together to provide a special needs summer camp.  Staff recommends that Council approve the attached Interlocal agreement.

 

Item 29 -        Resolution No. 06-32 - Revise Registration Fees for City Sponsored Youth and Adult Athletic Programs, Playground and Pre-School Programs, Clubs and Classes

 

Staff has eliminated the fees for the pre-school program because the State of Florida pre-k program pays all of the fees for the pre-k participants.  The summer program fee will remain.

 

Staff encountered several construction projects at our usual playground sites.  Staff had to change two locations for the elementary program and increase the age limit to allow 12 year olds.  The 12 year old participant will have a choice of participating in the elementary program or the new travel camp.  Staff is adding a teen (12-13-14) travel camp fee to the summer program.  The new program will be 7 weeks in length; meet only 4 days (Monday to Thursday) with the hours 7:30 a.m. to 5:30 p.m.; however, most trips will be from 9:00 a.m. to 4:00 p.m.  The travel camp will leave from a base site at Silver Sands.  The fee for this travel camp will be $325 for Port Orange residents and $340 for non-residents.  The fee is inclusive for entry to every venue on our itinerary; it even provides lunch at several locations.  The teen travel camp will be limited to 70 participants due to bus seating restrictions.  Staff recommends approval.

 

 

J.                  ADMINISTRATION

 

Item 30 -        First Reading – Ordinance No. 2006-13 - Establishing the City’s State Housing Initiative Program (SHIP)

 

Based on the City’s eligibility for CDBG Entitlement status, Port Orange also become eligible for State Housing Initiatives Program (SHIP) entitlement status.  Port Orange received its letter of invitation to participate in SHIP from the Florida Housing Finance Corporation (FHFC) in January.  Under the current population numbers and availability of funds, Port Orange’s SHIP allocation for FY 2006/07 is $258,332.

 

As our community continues to grow, the need for affordable housing has become apparent. To address this need within our community, Staff recommends establishing the SHIP.  In order to participate, the City must create the program as well as the housing assistance trust fund, a housing advisory board, and an assistance incentive plan, Staff recommends that Council approve the creation of the Port Orange’s State Housing Initiatives Program, Housing Assistance Trust Fund, Housing Advisory Board, and Assistance Incentive Plan via Ordinance.

  

Item 31 -        Resolution No. 06-33 – Authorizing Issuance of a Capital Improvement Revenue Note Serial 2006A in an amount not to exceed $3,500,000

 

The attached resolution supplements Resolution No. 2006-06 authorizing the issuance of a Capital Improvement Revenue Note Series 2006A between the City of Port Orange and Wachovia Bank in the amount not to exceed $3,500,000.  The purpose of this debt is to acquire land for economic development west of I-95.  It is expected that this debt be repaid from various sources including proceeds from sale of acquired land, public service taxes, and communication service taxes.  Please see the attached resolution, loan agreement, and proposal from Wachovia Bank documenting specifics of this financing.   Staff recommends approval.

 

Item 32 -        Resolution No. 06-34 – Contract for Sale and Purchase – Yorktowne Extension from Dunlawton Avenue to Taylor Road (Crosby, Davis, Philbrick, & Crosby)

 

The subject contract for sale and purchase involves a triangular shaped parcel of land approximately 1.2 acres in size at the intersection of Dunlawton Avenue and Yorktowne Boulevard.  This parcel is being acquired to assure the proper alignment of the intersection of Yorktowne Boulevard and Dunlawton Avenue as Yorktowne is extended to Taylor Road.  Staff is presently working on a Special Assessment District proposal as the vehicle for funding the construction of the Yorktowne Boulevard extension.  FDOT funding is also being pursued through the MPO process.  Additionally, since Yorktowne Boulevard is part of the Volusia County Thoroughfare Plan, the ability to obtain County Road Impact Fee credits or other County contributions is also being explored.

 

Funds for this land acquisition are available in account # 307-1000-580-6100 PNC006.

 

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 Yorktowne Boulevard and Dunlawton Avenue, as set forth in the Contract for Sale and Purchase.

  

Item 33 -        Resolution No. 06-35 – Waiver of Title Defect – Nacelli/King Property

 

On January 24, 2006, the City Council approved Resolution No. 06-13, providing for the purchase of the Nacelli/King property, located at 3965 Ridgewood Avenue (Parcel Nos. 6303-11-02-0021 and 6303-11-02-0030).  The boundary survey prepared in anticipation of the purchase identified the westerly 15 feet of the parcels as lying in the Ridgewood Avenue right-of-way.  Subsequently, Columbia Title Research Corp. discovered warranty deeds filed of record conveying the westerly 10 ft. of Lot 3 (in 1930) and the westerly 15 feet of Lot 2 (in 1927) to FDOT.   These conveyances together with the established right-of-way boundary effectively reduced the usable area of the parcels from 155 feet in depth to 140 feet, and title insurance cannot be issued for the 15 feet occupied by the right-of-way.  This represents a 9.68% reduction in the overall land area to be acquired.  In speaking with the sellers, they remain firm in their asking price of $422,000, in spite of the title defect.  The seller’s asking price, with the lesser land area, still falls within the price range for acquisitions in the Riverwalk area, based upon the recently appraised valuation of the property. 

 

Staff recommends that Council accept the title defect and 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 34 -      Request from Volusia County for a Skeet Range

 

Attached is an agenda item that was presented to the Volusia County Council on March 2, 2006.  County staff met with the City staff in February to discuss locating a skeet range on the southern portion of the Vargal property.  If approved, the Police Department’s shooting range could be relocated to a 6 acre parcel adjacent to this site.  The City will have to relocate the Police range when the retention pond is constructed at the existing Fire Station 2 site.  Staff recommends approval.

 

Staff recommends that Council authorize staff to work with the County to develop a skeet range and to relocate the Police Department’s Shooting Range to the Vargal tract.  We will need to develop a proper legal agreement between the City of Port Orange and Volusia County in order to implement this program.

 

K.                 COUNCIL COMMENTS

 

Item 35 -        Comments/Concerns from Council Members

 

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

 

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