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

July 18, 2006


Date:               July 12, 2006





Item 4 -           Recognition of Bill Russell


At this time, Council will recognize Bill Russell for his many contributions to the City of Port Orange.


City Manager’s Comments:  Bill Russell has been active in Port Orange, both as a builder and as a resident.  Bill developed one of the first Planned Unit Developments in Port Orange, SummerTrees.  Bill had a philosophy about SummerTrees.  He called it working in harmony with nature and the site.  Bill worked extremely hard to save trees and place the homes he constructed within the natural landscape. 


About three years ago, Bill approached the City about his personal home.  His home was located on a pristine section of Spruce Creek.  It was approximately 17 acres of land with direct access to the Creek.  Working with Florida Community Trust, Trust for Public Lands, and Volusia County, Bill and his wife and the City of Port Orange were able to craft an agreement that would allow his 17 acre homesite to be preserved for the public.  Recently, the City of Port Orange was able to close on the property and is now the owner of a 17 acre parcel of land that fronts on Spruce Creek.  A bonus is the 5,000 square foot house, barn, workshop, and greenhouse that are located on the property. 


On Tuesday night, the Council will recognize Bill Russell and his wife for their contributions to the City of Port Orange.  Although the Russell’s are moving away from Port Orange, they leave a legacy behind, one that shows that quality development can occur without destroying the environment.  Also, the property that was their homesite will be preserved and used by the public. 



C.                BOARD APPOINTMENTS


Item 5 -           Library Advisory Board (2 Terms to Expire on July 18, 2006)


Two appointments need to be made to the Library Advisory Board with the terms to expire on July 18, 2009.  Dianne Gilpatrick and Malcolm Reed, Jr., have expressed a desire to be reappointed.  Currently, there are no other applications on file for service on this Board.


Item 6 -           Town Center (2 Terms to Expire on July 12, 2006)


The terms of Ann Smith and Ben Talluto will expire on July 21, 2006.  Both have expressed a desire to be reappointed.  Currently, there are no other applications on file for service on this Board.



D.                SPECIAL REPORT


Item 7 -           Report from KemperSports Management


At this time, a representative of KemperSports will make a report to the Council on the activities of the Golf Course.


City Manager’s Comments:  The City Council will review the Golf Course Budget in a special meeting before the regular City Council Meeting. Each of you should have received a copy of the proposed budget.


Item 8 -           Report from Municipal Police Officers’ Pension Actuary


The Police Pension Fund actuary will be present on Tuesday night to present their report to the City Council on the plan condition and funding requirements. 



F.                 CONSENT AGENDA


Item 9 -           Approval of Minutes


Attached are the Minutes of the May 2, 2006, Regular City Council Meeting; May 17, 2006, Special City Council Meeting; May 17, 2006, Regular City Council; and the May 23, 2006, Special City Council Meetings (5:30 p.m. and 6:30 p.m. meetings).  We recommend approval.


Item 10 -        Update on Construction Projects


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


Item 11 -        Update on Recreational Facilities


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


Item 12-         Road Construction Report


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


Item 13 -        Approve Contract for Architectural and Engineering Services for the Design of the New Public Safety Facilities


This contract is for the design, engineering, and construction administration of a new police station, a new fire and emergency services delivery station No. 72, and a new fire station no. 75.  Depending on funding, and at the city’s option, certain renovations to fire station no. 73 and renovations to the current police station to accommodate fire administration may be included.  The City’s total budget for the project is $17,000,000, including the architect fees of $1,769,000 for new construction and fess of $405,000, if the City elects all renovation projects.  Exhibit A to the contract describes more specifically the scope of the projects, compensation, and time for completion.  Staff recommends that Council approve the contract between C. T. Hsu and & Associates, P.A., and the City of Port Orange for the design of the police and fire stations and related public safety projects.


City Manager’s Comments:  Construction costs have continued to escalate.  We are concerned that there will not be enough bond funding to complete all of the projects that the voters approved a year ago.  We have made it clear to the architect that all we have is $17 million to spend on the projects.  We will have to do some value engineering and probably will have shell portions of the building that can be finished at a later date.


Item 14 -        Vendor Name Change – Solid Waste Collection Contract


Onyx Waste Services, the City’s contractor for solid waste collection and disposal, is changing their name to Veolia ES Solid Waste Southeast, Inc.  This change is in name only and does not affect ownership or the contracting entity.  Staff recommends that Council approve the name change on the Solid Waste Collection & Disposal contract from Onyx Waste Service Southeast Inc. to Veolia ES Solid Waste Southeast Inc. effective immediately.


Item 15 -        Approval to “Piggyback” Orange County Contract to Clean, Video, and Line Storm Pipe – Gregory Circle


Staff has determined the need to clean and install new lining in a section of storm pipe on Gregory Circle.  The metal pipe, which is partially under a mobile home, has collapsed in several places.  Staff requests approval to “piggyback” Orange County’s contract with American Water Services in order to clean, video, and install new lining in approximately 530 feet of pipe for a cost not to exceed $42,400.  American Water Services has worked for the City in the past on similar projects and staff is confident in their ability to perform the repairs needed in a timely and efficient manner.  Staff recommends that Council approve “piggybacking” Orange County’s contract with American Water Services to clean, video, and install new lining in the storm pipe on Gregory Circle for a total cost not to exceed $42,400.


 Item 16 -        Co-Sponsor and Waive a Portion of the Fees for a Christian Music Festival “Reaching Out Festival” to be Held at the Amphitheater


This festival is a non-admission community event for all ages.  There will be national speakers and support and involvement of many denominational churches throughout Volusia County at the event. The group will be charged $525 of the total fees ($1,619.44).  The event cost estimate sheet is attached.


Staff recommends that Council co-sponsor and waive $1,619.44 in rental fees for the Christian Music festival “Reaching Out Festival” to be held at the Kenneth W. Parker Amphitheater on November 4, 2006, and to charge the group fees of $525. 


City Manager’s Comments:  The total cost incurred by the City is $2,144.44.  Parks and Recreation is proposing a fee of $525 be charged.  Although I would like to recommend the City co-sponsor this event, I do not think it is appropriate for the City to be a co-sponsor of this event.  The City Council should be prepared to treat all similar groups in the same fashion should they desire to rent the amphitheater.  If the City Council desires to allow them to use the venue this time at a discounted rate, then the City needs to let them know that the City is not a co-sponsor of the event.  They will have to provide complete insurance for the event.  The City Council then should set an appropriate amount for the group to pay.  I am suggesting the amount this year be slightly higher than the proposed amount.  I would suggest something in the $800 to $1000 range.  Also, they would need to provide insurance. 


Item 17 -        Monthly Development Activity Report and the Building Activity Report for May and June, 2006


The attached Staff Reports include the Development Activity Report for June 2006, and the Building Activity Report for May, 2006.  These reports provide information on proposed development and projects under construction, commercial code enforcement activity, and monthly building permits and inspection fees.  Staff recommends that Council accept the Staff Reports (Monthly Development Activity Report and the Building Activity Report) for May and June 2006.


Item 18 -        Approve ArtHaus Lease Agreement


Attached is the renewal of the ArtHaus lease.  We recommend approval.




Item 19 -        Report from Environmental Advisory Board


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



H.                 PUBLIC HEARING


Item 20 -        Public Meeting to Receive Public Comment on the City’s Draft FY2006 to FY2010 Consolidated Plan and FY2006 Action Plan - Community Development Block Grant Documents


This meeting will serve as an official Public meeting intended to receive Public comment on the “FY2006 to FY2010 Consolidated Plan and FY2006 Action Plan”.  These documents are required for our Community Development Block Grant submittal to HUD.  The documents have been prepared by the City’s consultant and are in draft form as received from the consultant.



I.                     COMMUNITY DEVELOPMENT


Item 21 -        Second Reading – Ordinance No. 2006-18 – Amending Chapter 17, Sections 29(d) and 29(m) of the Land Development Code Relating to Building Coverage and Staff Mitigation Requirements


We recommend approval.


Item 22 -        First Reading – Ordinance No. 2006-19 - Annexation – The Linen Group

(Bella Oaks)


This is a request to voluntarily annex a county enclave of approximately 18.32 acres of land located on Carlisle Drive, west of Clyde Morris Boulevard into the City of Port Orange.  If the annexation request is approved, the developer is proposing to develop the property with residential townhomes.


Second Reading:   August 15, 2006


Item 23 -        First Reading – Ordinance No. 2006-20  - Rezoning – The Linen Group

(Bella Oaks)


This is a request to rezone approximately 18.32 acres located on Carlisle Drive, west of Clyde Morris Boulevard, between Madeline Avenue and Herbert Street from Volusia County “A-2” and “MH-3” to City of Port Orange “R-3L”.  If the rezoning request is approved, the owner intends to develop the property with residential townhomes, not more than 8 units per acre.


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


Staff Recommendation:   Staff recommends approval.


Second Reading:   August 15, 2006


Item 24 -        First Reading – Ordinance No. 2006-21 – Amending Section 12 of Chapter 3, Article III of the Land Development Code Relating to the Construction Regulation Board


This is an ordinance revising the general function and duties of the Construction Regulation Board to allow cases against specialty contractors; state registered and certified contractors covered by the Interlocal agreement to go directly to the County for disciplinary action.  This will save the citizens of Port Orange that are effected by improper actions by licensed contractors a great deal of time in getting their cases processed and resolutions to their problems.  By taking these cases directly to the County Board, it will not only save the effected parties from 30 to 90 days or more but will also make the action taken on the contractor Countywide in lieu of just in the City of Port Orange.  This received unanimous recommendation for adoption by the Construction Regulation Board and the Planning Commission.


Staff recommends that Council adopt Ordinance No. 2006-21 amending Section 12 of Chapter 3, Article III, of the Land Development Code relating to the Construction Regulation Board.


Second Reading:   August 15, 2006


Item 25 -        Resolution No. 06-56 – Revised Interlocal Agreement with Volusia County for Centralized Contractor Licensing and Disciplinary Actions


This updated Interlocal agreement will allow for the County to centralize and provide a uniform system for local regulation and discipline of specialty contractors and listing and discipline of State Registered and Certified contractors.  This received unanimous recommendation for approval by the Construction Regulation Board and the Planning Commission.


Staff recommends that Council approve the attached resolution approving the revised Interlocal agreement with the County of Volusia for Centralized Contractor Licensing and disciplinary actions.


Item 26 -        Resolution No. 06-57  - Transmittal of Spring 2006 Large Scale Amendment Package


a.                  Case No. 05-20000011 – Williams – Old Florida Pioneer Village

b.                  Case No. 06-20000001 – Woodhaven/Stanaki

c.                  Case No. 06-20000003 – Thomas Valley


I am recommending the transmittal of the Comprehensive Plan amendments to DCA for their review.  The Planning Commission has reviewed them and has recommended them for transmittal. 


Item 27 -        Request from Fee Reduction for Minor Subdivision (Continued from June 27, 2006, Council Meeting)


At the last City Council Meeting, the City delayed action on this request until the applicant could be present.  I have included the materials from the last City Council meeting.  Staff recommends that the fees not be waived and were charged appropriately. 


Item 28 -        Variance  Appeal – Reilly


Timothy Reilly, owner/applicant, requested approval of a variance from Chapter 16, Section 39b)(2)(f) of the City of Port Orange Land Development Code (LDC) pertaining to the maximum height of a fence within a secondary front yard abutting a local road right-of-way.  The purpose of the variance request was to reduce the setback requirement for a six foot fence proposed within a secondary front yard.  If approved, the owner intends to install a six foot fence within a secondary front yard.


Planning Commission Action:   On June 23, 2006, the Planning Commission denied the variance request 4 to 2 (Commissioner Barker excused).  The Commissioners that voted no did so because the request failed to met the variance criteria required by Chapter 19, Section 1 (g)(2), LDC, that would justify approval.


According to LDC Chapter 19, Section 1(f), the Council’s decision to reverse or uphold the Planning Commission’s decision shall be based on the facts of the case presented during the June 23, 2006, Planning Commission meeting, the review criteria established for variance requests, and the Commission’s decision on the requested variance.  No new evidence may be presented, heard, or discussed.  Any new information must be presented as part of a new variance request.  Please see the attached appeal request letter from the owner.



J.                  PUBLIC UTILITIES


Item 29 -        Resolution No. 06-58 - Sale of Wetland Mitigation Bank Credits to D. R. Horton for the Port Orange Plantation, Phase II



Developer D.R. Horton through its project engineer, Harpster Engineering and Surveying, has requested to purchase state wetland mitigation bank credits for the Port Orange Plantation Phase II located within Port Orange.  The developer has requested to purchase 22.0 wetland bank state credits at a unit cost of $37,500 each, making the total purchase in the amount of $825,000.   


At the direction of the City Manager, a “Letter of Intent to Issue Credits” has already been provided to the developer to assist them in addressing outstanding concerns against their SJRWMD development permit application No. 4-127-92263-3.  It should be noted that the developer’s SJRWMD application requested a total of 23.8 credits.  The additional 1.8 mitigation credits are for wetland impacts on a future city park site located within the development. 


The city’s wetland mitigation bank currently has an available balance of 188.7 state credits.  If the sale is approved, then the available balance of state credits will be reduced to 164.9 credits.  


Staff recommends approval of the sale of these mitigation credits.  Once the contract is executed and payment received in full, then the City will take formal action on its mitigation bank ledger, and apply the mitigation bank credits to DR Horton’s Plantation development. 


Staff recommends that Council approve the resolution, authorizing the sale of 22.0 state wetland mitigation bank credits in the amount of $825,000, and authorizing the Mayor and City Manager to execute the associated contract documents. 


Item 30 -        Resolution No. 06-59  - Establishing Wetland Mitigation Bank

Policies and Fees



The City, with the aid of its contract forester Steve Edgar, has obtained permits to operate a wetland mitigation bank on portions of the central wellfield properties.  The bank is located on approximately 5,000 acres of land in sole-ownership by the City of Port Orange.  The St. Johns River Water Management District (SJRWMD) initially granted 237.9 state wetland mitigation credits.  Because credits have previously been issued for various city projects, the bank has an available balance of 188.7 credits remaining.  Meanwhile, the Army Corps of Engineers (ACOE) is currently processing the city’s federal wetland mitigation bank application, which could yield 72.526 credits. 


The resolution under consideration proposes to establish policies and fees pertaining to the sale of state and federal mitigation bank credits.  Staff recommends that the sale of mitigation credits be prioritized for and restricted to the following uses:  (1) the City’s own projects, (2) economic development projects that benefit Port Orange, and (3) private projects located within the Port Orange city limits.  In addition, it is recommended that sales be restricted to specific active projects, thereby deterring the sale of mitigation bank credits to “brokers.” 


In order to establish fees for the sale of mitigation credits, Steve Edgar compared the rates of other banks operating in central and northeastern Florida.  It should be noted that federal mitigation banks are more difficult to create than state banks.  With that in mind, for cases where the credits are purchased separately, staff recommends a fee of $37,500 per state credit and $50,000 per federal credit. In addition, staff suggests revisiting these rates twice a year.   When warranted, adjustments to the rates will be presented for council consideration.


Other noteworthy policy recommendations include requiring a 10% down payment prior to issuing a “Letter of Intent to Issue Credits.” These “letters” are commonly required by the SJRWMD and ACOE as part of their site development approval process.  Thereafter and following the issuance of the “Letter of Intent,” staff recommends that a formal “Contract for Sale of Credits” be approved by City Council and payment received in full within a set time prior to the formal issuance of the credits themselves.


Funds derived from the sale will be utilized in part for the perpetual operation and maintenance activities required by the original mitigation bank permit. 


Staff recommends that Council approve the resolution, establishing policies and fees for the sale of credits from the City of Port Orange wetland mitigation bank.


City Manager’s Comments:  I am recommending the City hold half of them for City projects and then sell one half of them for projects located within the City of Port Orange.  There are only two banks operating in Volusia County today.  Ours is the second.  If all of the state and federal credits were sold that are available to the City of Port Orange, the value of the credits is about $14 million.  These funds are used to manage the property; to acquire properties; and to preserve the properties in their natural state.  Port Orange has a good preservation record.


Item 31 -        Resolution No.  06-60 - Contract for Sale and Purchase Agreement- Summer Trees Homeowners Association, Port Orange, Florida, for SummerTrees Road and Taylor Road


City staff and their consultant, Quentin Hampton and Assoc. in conjunction with Volusia County staff are in the process of completing the design and realignment of Summer Trees Road south of Taylor Road, with the Homier Road (Summer Trees Road) project northward from Taylor Road to Williamson Blvd.  We believe this project will help to alleviate some of the existing traffic congestion at Williamson and Taylor Road and will also serve as an alternative route during the upcoming widening of Williamson Blvd. 


In order to construct this project it was necessary to obtain the cooperation of the Summer Trees HOA as well as New Hope Baptist Church.  The City has already acquired the New Hope Baptist Church property.  In order to purchase the required additional property we have met with the Summer Trees HOA’s representatives over the past few months, completed an appraisal of the property to be acquired, and negotiated an appropriate selling price with them.  The HOA conducted a special vote on June 17th accepting the terms of the attached sales agreement. Since then, the President and Secretary/Treasurer have executed the contract for the City’s consideration and approval.


A majority of the property that is being acquired in this transaction is to be reimbursed at a later date by Volusia County to the City, since the property is ultimately needed by the County for the widening of Taylor Road and the bike path construction along Taylor Road.  We request your approval of this purchase agreement as prepared and agreed to by the Summer Trees HOA. 


Funds are currently available in the Capital Improvement Bond Fund #307, Project #POL019.


Staff recommends that Council approve the resolution for the purchase agreement with the Summer Trees Home Owners Association for the purchase of approximately .33 acres in exchange for  $45,000 and a .025 acre parcel fragment, as outlined, and to authorize the Mayor and City Manager to execute the required contact documents as required in order to execute all terms of the agreement.


Item 32 -        Resolution No. 06-61 - Interlocal Agreement Between the City of Port Orange and the County of Volusia Defining Management and Usage of Jointly-Owned Wellfield Property



The City was recently approached by the County of Volusia requesting to establish a Trap and Skeet range on approximately 125 acres of jointly owned wellfield property.  The range would then be leased to a Trap and Skeet Club.   During discussions it was noted that the City of Port Orange is in need of relocating the Police Qualifying Range as well, and it was determined the location would be suitable for both ranges.


It was determined that the best action would be for the City and the County to take control of the management and operation of their respective ranges.   The City Attorney has prepared a draft Interlocal Agreement that defines a total of 62.5 acres be divided equally between the City and the County.  The County would establish a Trap and Skeet range on their parcel and the City, a Police Qualifying Range on their parcel.   Each parcel would be under the sole jurisdiction of the managing Government.  This arrangement simplifies the management and control of each parcel and removes the City from the liability of a joint lease to the Trap and Skeet Club.    This also places the development of each site under the control of the managing entity.  A general location for the ranges has been determined and access identified.


Staff recommends that Council approve the attached resolution and authorize the Mayor and City Manager to execute documents on behalf of the City.


K.                 PUBLIC SAFETY


Item 33 -        First Reading – Ordinance No. 2006-22 - Amending Section 6.1 of the Code of Ordinances Relating to Hours of Sale, Service, and Consumption of Alcohol


The purpose of this change is to establish an extended hours of operation permit for establishments dealing in alcoholic beverages after 12:00 a.m.  The extended hours of operation permit will be required for any establishment dealing in alcoholic beverages desiring to remain open for business for the purposes of selling, offering for sale, delivering, serving, or permitting consumption of alcoholic beverages after 12:00 a.m.  Staff recommends approval.


Second Reading:   August 15, 2006


Item 34 -        2005 Flu Shot Program Revenue and Expenditures Report


This is the follow up report requested by the Council at the completion of the 2005 Flu Shot Season billing process.  These reports summarize all revenue collected during the 2005 Flu Shot Season and the programs funded from the revenue generated, in accordance with Resolution No. 05-63.


Item 35 -        Sexual Offender Accountability Program Report


The Police Department will present a report on the Sexual Offender Accountability Program.  The Sexual Offender Accountability Program was established to verify the registered address of sex offenders living within the City of Port Orange on a monthly basis.  The program has been in operation since August of 2005 and has achieved its goal of improving the accuracy of offender address information providing a more reliable investigative resource.


L.                  ADMINISTRATION


Item 36 -        Resolution No. 06-62 - Accept HMGP Grant Funds to Complete the Design, Engineering, Permitting, and Environmental for the Spruce Creek Road Drainage Improvements on Spruce Creek Road from Commonwealth Boulevard to Nova Road to Prevent Repeated Flooding Along this Stretch of Road


The City wrote an HMGP grant to obtain funds to install drainage pipes along Spruce Creek Road to prevent future flooding in this area.  This section of road is a County road and the grant had to be submitted by the County under technical grounds.  We have been advised that the State has approved the grant and is issuing a contract for the design and engineering phase of the project.  Volusia County Public Works will defer the project to us as a subrecipient, which will allow the project to proceed quicker.  John Carleton will act as the project manager and complete all paperwork associated with the grant for the City and County.  The grant calls for a 25% match by the recipient, which will be split with the County equally.  The State is authorizing $20,000 to complete the design, engineering, permitting, and environmental phase of the grant; and we must meet a 25% match.  The cost to the City should not exceed $2,500 with the County matching the other $2,500.


Staff recommends that Council approve the attached resolution to accept the State HMGP contract funds and amend the contract with Quentin L. Hampton Associates, Inc., to include completion of the design, engineering, permitting, and environmental for the Spruce Creek Road drainage improvements from Commonwealth Boulevard to Nova Road, with the amended contract not exceeding $20,000 for this additional work.


Item 37 -        Resolution No. 06-63 - Charges and Fees Relating to Municipal Golf Course for Residents and Non-Residents Relating to Start-Up Trail Fees


The Golf Course Advisory Board has recommended revising the charges and fees for the Municipal Golf Course relating to the Start UP Trail Pass.



M.                COUNCIL COMMENTS


Item 38 -        Comments/Concerns from Council Members


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