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

February 6, 2007

 

Date:               January 31, 2007

 

 

A.                 OPENING

B.                 TOWN CENTER CRA MEETING

 

At this time, the CRA Board will elect a Chair and Vice Chair.

 

The City advertised for bids for the demolition and disposal of twenty-six (26) mobile home units in the City-owned Halifax Mobile Home Park.  Six (6) contractors participated in the mandatory pre-bid held on January 16, 2007.  Bids were received on January 23, 2007 from three (3) contractors.  As detailed in the attached summary, SET Materials, Inc. was the low bidder at $1,350 per unit, for a total bid of $35,100.   This bid price includes proper asbestos abatement procedures for all units by a properly licensed contractor for category 1 non-friable asbestos.  The duration of this demolition is estimated to be no more than 60 days from the issuance of the Notice to Proceed to the contractor.   Funding for this demolition will come from budgeted Port Orange Town Center Tax Increment Funds, Account No. 103-1000-580.34-14.

 

Staff recommends that Council award Bid No. 07-04 to the low bidder, Set Materials, Inc., in the amount of $1350 per unit, for a total bid of $35,100.

  

C.                INTERVIEW AND BOARD APPOINTMENTS

 

Item 4 -           Construction Regulation Board

 

One appointment needs to be made to the Construction Regulation Board to fill the unexpired term of William Culbertson with the term to expire on February 15, 2008.  Three appointments need to be made to the Construction Regulation Board with terms to expire on February 15, 2009.  Ron Martin and Gary Wisniewski have expressed a desire to be reappointed.  Brad Giles does not wish to be reappointed.  Attached are applications currently on file for individuals who have expressed interest in serving on this Board.

 

Item 5 -           General Employees Retirement Trust Fund

 

Mr. George Chatley has submitted his resignation as a member of the General Employees Trust Fund Board.  Mr. Chatley has moved from the City of Port Orange.  There is a residency requirement for the citizen member of this Board.  Mr. Chatley’s term expires on February 15, 2008.  Attached are applications from individuals who have expressed an interest in serving on this Board.

 

Item 6 -           Parks and Recreation Advisory Board

 

Two appointments need to be made to the Parks and Recreation Advisory Board with the terms to expire on February 15, 2010.  Mary Moorhouse and Leah Riddick have expressed a desire to be reappointed.  Attached is an application from another individual who has expressed interest in serving on this Board.

  

D.                CITIZEN PARTICIPATION

 

Item 7 -           Presentation by Port Orange Family Days Community Trust

 

The Port Orange Family Days Community Trust will be awarding $3,994.72 in mini-grants to Port Orange schools.  The Community Trust has asked that these presentations be made at a City Council Meeting.  Attached is a listing of the individuals who will be recognized and the amount of the grant that will be presented.

 

Item 8 -           Discussion Regarding Tree Removal – Michael Summers

 

Mr. Summer lives at 615 Touchstone Circle and would like to appear before Council to discuss tree removal at his property.

 

City Manager’s Comments:  Some months ago, the City received a letter from Mr. Summer with an attachment from Tom Antalek.  Mr. Antalek stated that the tree needed to be removed.  On several occasions, the City staff has looked at this tree to determine whether it was healthy or not.  It was their conclusion that the tree was in fact healthy.  I have requested that Margaret Momberger and Steve Edgar meet with Mr. Antalek to discuss his findings and make a determination on the health of this tree.  According to Warren Pike, this tree is located partially on the City’s right of way and partially on Mr. Summer’s property. 

 

As I recall, a few years ago, the City did remove a tree on Touchstone that was causing problems to the sidewalk.  As I recall, that tree was located in the public right of way.  I have instructed staff to determine if the tree is located on public property before Tuesday evening’s City Council Meeting.

  

E.                 CITIZEN PARTICIPATION

F.                 CONSENT AGENDA

 

Item 9 -           Approval of Minutes

 

Attached are the minutes of the Special Meeting and Regular Meeting of December 5, 2006.  If you have questions, please contact either Shirley Kelly or me.  We recommend approval.

 

Item 10 -        Update on Construction Projects

 

Attached is the Update on Construction Projects.  If you have questions, please contact Warren Pike, Mark Hampton, or me.

 

Item 11 -        Update on Recreational Facilities

 

Attached is the update on Recreational Facilities.  If you have questions, please contact either Glen Walker or me.

 

Item 12 -        Road Construction Report

 

Attached is the Road Construction Report.  If you have questions, please contact either Warren Pike or me.

 

City Manager’s Comments:  Work has started under I-95 on Dunlawton. 

 

Item 13 -        Neighborhood Investment Grant Program Awards for FY 2006-07 (Intracoastal Villas, Tree Top, SummerTrees South, Treasure Isle Estates, and Harbor Oaks Homeowners Association)

 

The Neighborhood Investment Program (NIP) supports partnerships between the City and neighborhood organizations/homeowner associations. The program provides eligible recipients with cash grants up to $5,000.00 for projects that improve the quality of life in the City and serve specific neighborhoods.

 

This year, the NIP Selection Committee reviewed and scored seven (7) applications submitted.  Five applications garnered the appropriate amount of points to be considered for NIP grant funding.  However, the NIP Selection Committee noted comments that require addressing before funding is awarded.  Attached is a breakdown of the applications and comments. Contingent upon the individual applicants fulfilling match requirements and the identified comments to the City’s satisfaction, Staff recommends awarding the following:

 

Intracoastal Villas   -           $1,329           

Tree Top  -                            $3,548

Summer Trees South  -     $3,840

Treasure Isle Estates -      $2,000

Harbor Oaks HOA  -           $1,960

 

Funding is available for the NIP grant awards in account # 001-1000-580-8300.  For review purposes, the application is attached. 

 

Staff recommends that Council authorize awarding grant funds to the selected FY 2006-07 Neighborhood Investment Program applications.

 

Item 14 -        Bid Award – Demolition of Mobile Homes

 

The City advertised for bids for the demolition and disposal of twenty-six (26) mobile home units in the City-owned Halifax Mobile Home Park.  Six (6) contractors participated in the mandatory pre-bid held on January 16, 2007.  Bids were received on January 23, 2007 from three (3) contractors.  As detailed in the attached summary, Set Materials, Inc. was the low bidder at $1,350 per unit, for a total bid of $35,100.   This bid price includes proper asbestos abatement procedures for all units by a properly licensed contractor for category 1 non-friable asbestos.  The duration of this demolition is estimated to be no more than 60 days from the issuance of the Notice to Proceed to the contractor.  

 

Funding for this demolition will come from budgeted Port Orange Town Center Tax Increment Funds, Account No. 103-1000-580-34-14.

 

Staff recommends that Council award Bid No. 07-04 to the low bidder, Set Materials, Inc., in the amount of $1,350 per unit, for a total bid of $35,100.

 

Item 15 -        Atlantic High School’s Request for the City to Co-Sponsor the Atlantic High School Key Club’s Ninth Annual Spring Music Fest

 

The Atlantic High School Key Club has requested the City to co-sponsor their Ninth Annual Spring Music Fest to be held at the Amphitheater on Saturday, February 24, 2007.  Fees associated with lighting, sound, power, and security for the event total $1,658.87 (cost estimate sheet attached).  The proceeds from the event will be donated to a local charity that helps the Children’s Cancer Foundation.  Staff recommends that Council approve the City’s co-sponsoring of the Atlantic High School Key Club’s Ninth Annual Spring Music Fest and the event scheduled for the following two years at City Center.

 

City Manager’s Comments:  The City has co-sponsored this event for the past several years.  The City has not charged the Atlantic High School Key Club for use of the facility. 

 

Item 16 -        Approval of Contract for Employee Group Life Insurance with New Carrier – Jefferson Pilot Financial Insurance Company

 

The City has accepted proposals for life insurance.  This one of the benefit packages offered to employees.  We were able to obtain more coverage at a lower unit cost.  Therefore, it is recommended that the proposal from Jefferson Pilot Financial Insurance Company be accepted.  Attached is their proposal.

 

G.                BOARDS AND COMMISSION

 

Item 17 -        Report from Advisory Boards:

 

a.                  Environmental Advisory Board

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

 

b.                  Parks and Recreation Advisory Board

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

 

H.                 FINANCE

 

Item 18 -        Resolution No 07-10  - Revenue Policy

 

Generally accepted budgeting standards require municipalities to adopt a formal revenue policy.  This revenue policy should be comprehensive and allow the City to operate and fund activities as prescribed by City Council.  This policy should also be able to evolve and meet the expectations of economic conditions and, at the same time, provide a conceptual framework for overall fiscal management of City revenues and other receipt of funds.  Staff recommends approval.

 

City Manager’s Comments:  The City’s budget has been recognized by the Governmental Finance Officers Association for a number of years for its ability to adequately communicate the City’s budget to our residents.  One of the areas that was pointed out this past year was the need to have a stated revenue policy.  The policy guidelines as adopted by the City Council will be implemented through administrative policy issued by the City Manager. 

 

Item 19 -        Resolution No. 07-11 - Debt Management Policy

 

It has been determined based on recommendation from the City’s Financial Advisor that the City of Port Orange should adopt a Debt Management Policy.  The purpose of this policy is to formalize the view point of City Council, provide guidance to Staff regarding debt limitations, issuance and monitoring, and inform the general public and bond holders of the specific debt administration policies followed by the City of Port Orange.  Staff recommends approval.

 

City Manager’s Comments:  From our various bond rating meetings over the past several years, it has been determined that the City needs to have a formal debt policy.  This policy would serve as guidance to both staff and Council on debt related issues. 

  

I.                     COMMUNITY DEVELOPMENT

 

Item 20 -        First Reading – Ordinance No. 2007-3 - Approving a Rezoning and Third Amendment and Restatement of the Master Development Agreement and Conceptual Development Plan – Crane Lakes PUD

 

This is a request to approve the attached ordinance which will approve the Rezoning and Third Amendment and Restatement of the Master Development Agreement and the Conceptual Development Plan, dated January 19, 2007, for the Crane Lakes PUD.  The subject property, which was annexed into the City in September 1997, was developed under Port Orange jurisdiction via a previously approved Volusia County Residential Planned Unit Development (RPUD) agreement.  The subject property has been developed with 810 leasable manufactured home spaces, private roadways, a private clubhouse and an 18-hole golf course with support facilities.  The subject property is being rezoned from Volusia County “RPUD” (Residential Planned Unit Development) to City of Port Orange “PUD” (Planned Unit Development). The rezoning and related amendments are to rezone the property to a City PUD, to revise the format of the existing MDA to a City MDA format, and legitimize existing setbacks.

 

Planning Commission Action:  The Planning Commission recommended approval, 6-0, of the Rezoning and Third Amendment and Restatement of the Master Development Agreement (MDA) and Conceptual Development Plan for the Crane Lakes PUD.

 

Staff Recommendation:   Staff recommends approval.

 

Second Reading:               March 6, 2007

 

Item 21 -        First Reading – Ordinance No. 2007-4 - Small Scale Land Use Amendment – Gateway Market Place

 

This ordinance will amend the Future Land Use Map of the City of Port Orange Comprehensive Plan Update ’98 for the property located on the east side of Dunlawton Avenue, north and south of Taylor Road and less and except city owned property.  The map amendment would change the future land use designation of approximately 9.95 acres located on the east side of Dunlawton Avenue, north and south of Taylor Road as follows: 5.02 acres of Conservation to Commercial, 0.17 acres from Conservation to Office/Residential Transition, 2.36 acres from Commercial to Conservation, 1.65 acres from Agricultural/Residential (0-2 units/acre) to Office/Residential Transition, and 0.75 acres from Office/Residential Transition to Conservation.

 

If approved, the developer, Gateway Marketplace, LLC, intends to relocate a portion of the Sweetwater Branch (a tributary of Spruce Creek) to facilitate the development of a proposed “PCD” (Planned Commercial Development). The proposed development will consist of six commercial lots and up to +/-167,000 square feet of commercial and office space.  Please note that per discussion with the City Manager, via the City Attorney, the proposed change of 0.75 acres from Office/Residential Transition to Conservation, which is currently owned by the City, has been removed from the proposed map amendment.

 

Planning Commission Recommendation:      At its December 14, 2006 meeting, the Planning Commission recommend approval, 6-1 (McMasters dissenting), of an amendment to the Future Land Use Map of the City of Port Orange Comprehensive Plan – Update ’98.

 

Staff Recommendation:   Staff recommends approval.

 

Second Reading:   Second Reading will occur after Growth Management Commission review and their approval is obtained.

 

City Manager’s Comment:  The City has been working on this project for a number of years.  The City’s interest in the project is the extension of Yorktowne Boulevard through to Taylor Road.  In order to accommodate the project as designed, the canal is being proposed for relocation.  That requires a change in the Comprehensive Plan.  Initially, there was thought the City’s property needed to be in the Comp Plan change.  However, it is was determined that placing our land in the Comp Plan revision was not required.  Therefore, we are not recommending the City’s land be included.        

 

Item 22 -        First Reading – Ordinance No. 2007-5 - Amending Chapter 2 of the Land Development Code Relating to Definitions and Interpretations and Chapter 15 of the Land Development Code Relating to Signs

 

This is a request to amend the Land Development Code, Chapter 2 (Definitions and Interpretations) and Chapter 15 (Signs).  If the amendments are adopted, language will e added addressing commercial vs. non-commercial speech, content neutrality, severability, and billboards.

 

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

 

Staff Recommendation:   Staff recommends approval.

 

Second Reading:   March 6, 2007

 

J.                  PARKS AND RECREATION

 

Item 23 -        Resolution No 07-12  - Revise Resolution No. 06-65 Relating to Lakeside Community Center Fees and Guidelines and Providing an Effective Date

 

Attached is a proposed revised Lakeside Community Center Fee Worksheet.  The new rates provide a better listing of charges either by room, the complete facility, or just the concession.  Staff recommends approval.

 

Item 24 -        Request from Alzheimer’s Association to Waive Fees for their Education Program

 

Staff received a request from the Alzheimer’s Association to waive fees for the rental of the Lakeside Community Center for their educational program to take place on Tuesday, March 20, 2007.  Attached is the cost estimate sheet.

 

Item 25 -        Request from Port Orange YMCA for the City to Co-Sponsor the Healthy Heart 10-K and 5K Run/Walk 2007, with an Additional Two-Year Commitment

 

Council looked at this request on January 9 and did not assign fees or decide to waive fees.  Staff received a request from the Port Orange YMCA to co-sponsor their Healthy Heart 10K and 5K Run/Walk to take place on Saturday, February 24, 2007.  The YMCA will publicize our participation by including the City in items including t-shirts, banners, and registration materials.  The YMCA is asking the City to schedule police officers, road closings, safety, security, and offer the City the opportunity for city personnel to sit on or head up a planning committee.  Attached is the event cost estimate – Rental items - $125; Service items - $150; Personnel - $402.51; Patrol Officers - $360; for a total of $1,037.51.  This is a fundraising event to create scholarships that benefit the children, adults, and families in the Port Orange area.  Staff is asking for an additional two-year commitment for 2008 and 2009.

 

Staff recommends that Council approve the City’s co-sponsoring of the YMCA Healthy Heart 20K and 5K run/walk and the event for the following two years at City Center.

 

City Manager’s Comments:  Two weeks ago, the City Council approved this event.  However, we failed to obtain clarification from the City Council as to whether the fees were to be waived or not.  Traditionally, the City Council has not charged the Y for this event.

 

 

K.                 ADMINISTRATION

 

Item 26 -        Review of Cell Tower Locations by City Council

 

Staff has been reviewing the sites owned by the City of Port Orange that could potentially be used by cellular telephone companies for cell tower locations.  We have prepared documents designed to receive proposals from cellular providers.  The companies would propose on all or a portion of the city owned land.  The City would be able to place its equipment on the towers at no cost.  Further, the cellular companies would pay an annual lease fee to the City of Port Orange for leasing public land.   We have talked with some cellular providers about their interest.  There is some interest but we cannot measure the amount of interest in leasing land for tower location.  The City already has two sites on city owned property leased to cell providers and is constructing an additional tower on city owned property near the maintenance barn at Cypress Head. 

 

Staff is recommending to the City Council that we put out a request to solicit proposals from interested companies. 

 

 

L.                  COUNCIL COMMENTS

 

Item 27 -        Comments/Concerns from Council Members

 

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

 

 

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