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 17, 2007

 

Date:               April 9, 2007

 

 

A.                 OPENING

 

Item 1 -           Pledge of Allegiance – Cub Scout Pack 448, Den 5

 

On Tuesday night, Den 5 from Cub Scout Pack 448 will be attending the City Council Meeting as part of a merit badge requirement.  They will be leading the pledge of allegiance. 

 

Item 2 -           Silent Invocation

Item 3 -           Roll Call

 

 

B.                 CITIZEN PARTICIPATION

C.                CONSENT AGENDA

 

Item 4 -           Bid Award – Lake Service Contract

 

Staff advertised and received six bids on the Lake Service contract.  This contract provides treatment for weed and algae control at retention ponds, ditches, and canals throughout the City and at the municipal golf course.  As shown on the bid tally sheet attached, All American Aquatics Company is low bid vendor with an annual cost of $37,090.  Funds are available in Account No. 41218005413414 ($27,190) and 45054005793414 (golf course portion - $9,900).  This contract is effective May 1, 2007, through April 30, 2008 and is renewable up to five years in annual increments provided both parties are agreeable.  Staff recommends the Lake Service contract be awarded to the low bid vendor, All American Aquatics Company, for a total annual cost not to exceed $37,090.

 

City Manager’s Comments:  We have begun seeing blind mosquitoes at Cypress Head.  We will be requesting a proposal from the spray company to treat the retention ponds that are the golf course’s responsibility at Cypress Head.  The golf course pays for the treatment of those ponds.  We do not want to allow this to get out of control.  A letter was sent to the City of Port Orange by the HOA concerning this problem. 

 

Item 5 -           Bid Award – Quarterly Newsletter

 

Staff followed bid procedures seeking qualified printers to bid on printing the City’s Quarterly Newsletter.  The bids for this turnkey contract were opened on March 27 and a total of 5 different bids were submitted.  The lowest bid was from Florida Graphic Printing for $2,895 per issue. Independent Printing followed with $4,282 per issue.  Staff recommends approving the bid results and awarding the City’s Quarterly Newsletter contract to Florida Graphic Printing in the amount of $2,895 per issue.

 

Item 6 -           Purchase Mowing Equipment and Lighting for Patrol Vehicles

 

Staff has identified mowing equipment needs for the golf course and Public Works and the accessories and lights needed for the new patrol vehicles.  By “piggybacking” various contracts, we can purchase these items at the lowest cost possible.  The Fleet Purchase summary attached shows each piece of equipment requested and detailed information regarding budget and cost.  Total cost will not exceed $92,192.15.  Staff recommends that Council approve the purchase of mowing equipment and light equipment for patrol vehicles for a total cost not to exceed $92,192.15.

 

City Manager’s Comments:  The golf course pays a monthly amount to the City’s Fleet Fund for the mowing equipment needed for the golf course.  As you know, the golf course is a self-funded operation.  The light equipment is needed for the patrol vehicles.  Funds are available in the Fleet Fund for these purchases.

 

 

Item 7 -           SHIP Service Contract with Mid-Florida Housing Partnership, Inc.

 

In 2006 the City became eligible for Florida Housing Finance Corporation’s State Housing Initiative Partnership (SHIP) funds to assist low – and moderate-income families and individuals with down payment and housing rehabilitation assistance.

 

To be eligible for the SHIP assistance individuals and families must meet certain income limits.  The City wishes to contract with Mid-Florida to conduct the income verifications as well as credit counseling, homebuyer education classes, and post-purchase counseling.

 

Mid-Florida provides these same services for SHIP programs administered by Volusia County, Flagler County and Daytona Beach.

 

Staff recommends that Council approve the contract for Mid-Florida Partnership, Inc. to provide income verifications for the City’s SHIP program.

 

Item 8 -           Monthly Development Activity Report and the Building Activity Report for February and March 2007

 

The attached staff reports include the Development Activity Report for March 2007 and the Building Activity Report for February 2007.  These reports provide information on proposed development and projects under construction, commercial code enforcement activity, and monthly building permits and inspection updates.  Staff recommends that Council accept the Staff Reports (Monthly Development Activity Report and the Building Activity Report) for February and March, 2007.

 

D.                REPORT FROM ADVISORY BOARD

 

Item 9 -           Citizen Advisory Committee for MPO

 

A representative of the Citizen Advisory Committee for the MPO will make a report to Council at this time.

 

E.                 TABLED ITEMS

 

Item 10 -        First Reading – Ordinance No. 2007-17 – Annexation – Wal-Mart (Tabled 3/27/07)

 

This item will remain on the table.

 

Item 11 -        First Reading – Ordinance No. 2007-18 – Approving a Master Development Agreement and Conceptual Development Plan for the Port Orange Nova Road/Madeline Avenue Wal-Mart PCD (Tabled 3/27/07)

 

This item will remain on the table.

 

 

F.                 COMMUNITY DEVELOPMENT

 

Item 12 -        Second Reading – Ordinance No. 2007-13 – Amending Chapter 18 of the Code of Ordinance Relating to Change of Occupational License Tax to Local Business Tax

 

We recommend approval.

 

Item 13 -        First Reading – Ordinance No. 2007-20 - Amending Section 5 of Chapter 16 of the Land Development Code Relating to Special Setbacks for a Structure of Building Feature

 

This is an ordinance to amend the Port Orange Land Development Code to refer the special setbacks for LP (liquid propane) fuel storage tank locations to the NFPA (National Fire Protection Association) 58 requirements, create a new provision for emergency stationary generators referencing the NFPA 37 requirements, and establishing screening requirements for A/C units, LP fuel storage tanks, and stationary emergency generators in residential areas.

 

Planning Commission Recommendation:      The Planning Commission recommends approval 5-0 (Commissioners Barker and Booth excused).

 

Staff Recommendation:   Staff recommends approval.

 

Second Reading:   May 15, 2007

 

Item 14 -        First Reading – Ordinance No. 2007-21- Rezoning – From R-3L (Low Density Multi-Family Residential) to GPU (Government Public Use) – 4545 Clyde Morris Boulevard

 

This is a request to rezone approximately 7.147 acres located at 4545 Clyde Morris Boulevard from “R-3L” (Low Density Multi-Family Residential) to “GPU” (Government Public Use).  If the rezoning request is approved, the City of Port Orange intends to use the property as the site of a new police station.

 

 

Planning Commission Recommendation:      The Planning Commission recommends approval 5-0 (Commissioners Barker and Booth excused).

 

Staff Recommendation:   Staff recommends approval.

 

Second Reading:   May 15, 2007

 

City Manager’s Comments:  This is the location of the new Port Orange Police Facility.   

 

Item 15 -        First Reading - Ordinance No. 2007-22 - Amending Chapter 4, Sections 3 and 4 of the Land Development Code Relating to Concurrency

 

This is a request to amend Chapter 4 of the Land Development Code.  The Public Utilities Engineering Division, working in cooperative conjunction with the Planning Division of the Community Development Department, has overseen the preparation of revisions to the Land Development Code to make it consistent with the adopted City’s Comprehensive Plan.  These revisions include changes to the Level of Service Standards for the Public Utilities, Public Works, and Parks and Recreation Departments.  If the amendments are adopted, the Land Development Code will be revised to be consistent with these adopted level of service standards and facility specific requirements as per the City’s Comprehensive Plan as amended.

 

Planning Commission Recommendation:      The Planning Commission recommends approval 5-0.

 

Staff Recommendation:   Staff recommends approval.

 

Second Reading:   May 15, 2007

 

Item 16 -        Resolution No. 07-34 - Spring 2007 Comprehensive Plan Amendment Package

 

Attached is a resolution authorizing the transmittal of the Spring 2007 Comprehensive Plan Amendment Package to the Florida Department of Community Affairs and other review agencies.  The amendments include:

 

·        An administrative text amendment to the Future Land Use Element to add a Floor Area Ratio (FAR) of 0.2 as the intensity standard for the Public/Quasi-Public Future Land Use category;

 

·        A map amendment for property consisting of four (4) separate parcels totaling approximately 54 acres located east of Taylor Road and bordering the north side of Spruce Creek in unincorporated Volusia County adjacent to the City of Port Orange, to change the Future Land Use designation from Volusia County Environmental Systems Corridor and Urban Low Intensity to City of Port Orange Public/Quasi Public, Conservation, and Rural Residential/Agriculture (0-2 units per acre).

 

Planning Commission Recommendation:  The Planning Commission recommended approval 5-0 (Commissioners Booth and Barker excused).

 

Staff Recommendation:   Staff recommends approval.

 

 

G.                PUBLIC WORKS

 

Item 17 -        Discussion – Oak Tree – 615 Touchstone Circle

 

Attached is a copy of the survey requested on 615 Touchstone Circle in the Foxboro Subdivision.  It appears the oak tree in question is 70% on City right of way and 30% on private property.

 

City Manager’s Comments:  We have completed the survey to determine exactly on whose property the tree is located.  We have found that the tree is located both in the right of way and on private property.  The City Council determined that it preferred the tree be preserved and to work with the property owner related to the sidewalk issues and the location of the driveway so the tree roots do not continue to break the sidewalk and the driveway.  What are the City Council’s options:

 

1.                  The City Council could instruct staff to remove the tree at City expense.

2.                  The City Council could instruct staff to work with the property owner to remove the tree and share the expenses of tree removal.

3.                  The City Council could authorize the removal of the tree at the private property owner’s expense.

4.                  The City Council could instruct the staff to work with the property owner to move the driveway with the City paying for the sidewalk and the private property owner paying for the driveway portion of the project.  The City has a contractor that could do the work.

 

H.                 PUBLIC SAFETY

 

Item 18 -        Second Reading – Ordinance No. 2007-15 – Amending Section 54-138 of the Code of Ordinances Authorizing Third Party Payments as a Deduction from the Police Pension Benefits for Specific Purposes

 

We recommend approval.

 

Item 19 -        2006 Flu Shot Program Revenue and Expenditures

 

This is the follow up report requested by the Council at the completion of the 2006 Flu Shot season billing process.  These reports summarize all revenue collected during the 2006 Flu Shot season and the programs funded from the revenue generated, in accordance with Resolution No. 05-63.  Staff recommends acceptance of the report.

 

 

I.                     ADMINISTRATION

 

Item 20 -        Second Reading – Ordinance No. 2007-16 – Creation of a Capital Project and Related Services Assessment Ordinance

 

We recommend approval.

 

Item 21 -        Resolution No. 07-35 - Port Orange Business Park Assessment Area Initial Assessment Resolution

 

Pursuant to Ordinance 2007-16, which adopted the Capital Project and Related Services Assessment Ordinance, the City of Port Orange is authorized to establish assessment areas to fund capital improvements and project costs in certain areas, including the Port Orange Business Park.

 

The Initial Assessment Resolution sets forth the required legal requirements and information necessary to establish the Port Orange Business Park Assessment Area.  Specific information contained in the document includes a description of the proposed assessment area, a description of the local improvements and related services proposed for funding from the assessment, an estimate of the capital improvement and project costs, and the method of apportioning the cost among the properties.  It also describes provisions for acceleration and prepayment, provisions for reallocation upon future subdivision, and method of collection.

 

If approved, the Initial Assessment Resolution sets a public hearing date of May 22, 2007 for consideration of the Final Assessment Resolution to impose said assessments.

 

Staff recommends that Council approve the attached resolution providing for the creation of a special assessment area to fund capital improvements and project costs in the assessment area, and to authorize the Mayor and City Manager to execute all associated documents on behalf of the City.

 

Item 22 -        Resolution No. 07-36 - Florida Inland Navigation District (FIND) Grant (B-23 Canal Dredge & Seawall Construction)

 

The FIND program provides grant to assists with dredging and shoreline improvements.  Port Orange plans to submit a FIND application to secured funding assistance to dredge the canal and stabilize the canal’s shoreline.  The project area is the B-23 Canal east of the US 1 south to Rose Bay.

 

The construction costs associated with this project total $3,000,000.00.  The City is requesting $1,500,000.00 from the FIND program and matches the request with $1,500,000.00 in cash.   The City is in the process of establishing a Special Taxing District to fund these improvements.

 

The FIND program specifically requires that Attachment E-6 and its related language be approved. 

 

Staff recommends that Council approve the attached resolution authorizing the City Manager to submit a grant application to the Florida Inland Navigation District (FIND) grant program, provide a match, and authorize the Mayor and City Manager to execute any agreements or contracts.

 

City Manager’s Comment:  The dredging of the B-23 canal and the replacement of the seawalls in this area will cost about $2.7 to $3.0 million.  We are attempting to secure funds from as many agencies as possible in order to lower the assessment.  If this project had to be completely done with assessments, it would be cost prohibitive. 

 

Item 23 -        Resolution No. 07-37 - Florida Inland Navigation District (FIND) Grant (Causeway Park Boat Ramp & Restroom Construction)

 

The City seeks assistance from the FIND grant program to extend the North Side Boat Ramp Boardwalk to protect the ramp from wave action that has eroded the river bottom.  In addition, the City plans to construct a new restroom under the Causeway Bridge.

 

The construction costs associated with this project total $120,000.00.  The City is requesting $60,000.00 from the FIND program and matches the request with $60,000.00 in cash.

 

The FIND program specifically requires that Attachment E-6 and its related language be approved. 

 

Staff recommends that Council approve the attached resolution authorizing the City Manager to submit a grant application to the Florida Inland Navigation District (FIND) grant program, provide a match, and authorize the Mayor and City Manager to execute any agreements or contracts.

 

City Manager’s Comments:  Last year, the City Council set aside money for restroom repairs and replacement.  Those dollars are still available to be used as the match for this project.

 

Item 24 -        Resolution No. 07-38 - Florida Inland Navigation District (FIND) Grant (Russell Launch & Ramp Design – Phase 1)

 

The City seeks assistance from the FIND grant program to design and permit a canoe launching facility and ADA walkway ramp at the Russell property.  The design and permit costs associated with this project total $44,000.00.  The City is requesting $22,000.00 from the FIND program and matches the request with $22,000.00 in cash.   The FIND program specifically requires that Attachment E-6 and its related language be approved. 

 

Staff recommends that Council approve the attached resolution authorizing the City Manager to submit a grant application to the Florida Inland Navigation District (FIND) grant program, provide a match, and authorize the Mayor and City Manager to execute any agreements or contracts.

 

City Manager’s Comments:  When the City acquired the Russell property, it was to be accessed from Spruce Creek.  This requires the rebuilding of the dock at the Russell property.  The match is Recreation Impact Fee eligible.  We will be approaching Volusia County either through its ECHO program or its Port Authority Program for funding, too.

 

Item 25-         Discussion Item - Continued Participation in WAV

 

Council Member Steindoerfer requested that this item be placed on the Council Agenda for discussion purposes and to provide direction to him as the Council’s representative on the WAV Board. 

 

Recently, WAV changed the agreement between the parties.  It changed from a potential operating entity whose role was to provide for the future water needs within Volusia County to one whose focus is on planning.  The interlocal agreement was not supported by Port Orange at either the WAV Board or at the Manager’s Advisory Committee (MAC).  Although there were areas that Port Orange believed should be changed, it was Port Orange’s position that the overall direction established by the original WAV agreement was proper and would meet the long term water needs for the County. 

 

What has been created is an organization that mirrors one of the other iterations that we have tried in the past.  Planning and conservation are essential elements that need to be done.   I fully support the conservation program that has existed for several years under the direction of Debra Green.  She has done an extremely good job.  Each CUP issued by St. Johns requires a conservation program.  We found several years ago that it could be done better collectively rather than each individual governmental entity undertaking it separately. 

 

Annually, the budget was prepared by the organization.  The studies that were needed that year were included in the budget and the assessment was then made based upon the budget requirements for the individual year.

 

In 1988, when the first regional water planning organization was formed, the Board at that time contracted with VCOG for administrative services.  Although the water board hired the individual who headed up the water organization, the employee was an employee of VCOG.  VCOG’s Executive Director was responsible for supervising the employee.  Even today, the Administrative Assistant and the Conservation Coordinator are employees of VCOG.  The only true employee of WAV is the Executive Director.  The Executive Director supervises both employees. 

 

One of the suggestions is to return to the first administrative model of VCOG being the administrative agency that handles regional water planning issues.  Many COG’s throughout the country have a water planning section rather than having a separate organization doing water planning.

 

The Board could continue to operate independently and contract with VCOG for administrative and technical services.  VCOG would then provide those services for a fee.  Another option is to merge the two Boards into one with the VCOG Board being the governing body for water planning issues.  The second option would require a change to the interlocal agreement.

 

The question before the City Council is whether to provide notice to the WAV Board on the status of our membership.  Does the City Council see value in continuing our membership in the organization?  We were the originator of the original regional water effort in Volusia County.  We have supported each entity that has been created.  We have provided funding even when we did not agree with some of the decisions.  Our City never threatened nor did the City ever withhold money in order to achieve our way.  The City continued to work to find solutions and remove roadblocks.  Does the City of Port Orange go it alone or seek partners that we can work with for the future?  Water may not be an issue now.  However, it is only time before it becomes a problem.  Port Orange has worked extremely hard to prepare for the future.  We have looked long term and have looked for ways to sustain our community for years into the future.  In my opinion, if we are to sustain Port Orange as a community for the future, then we will need to think what those needs are and begin planning for them now. 

 

It has been my experience that it takes an extremely long time for a community to develop a new water source.  As long as we are able to rely on ground water, then it is relatively easy.  To move from our current ground water methods to a lower quality water source, we need to be thinking about 15 to 20 years into the future.  That is what it will take to do the preliminary engineering studies, location studies, environmental studies, design the facility, permit the facility, finance the facility, construct the facility, and to bring it on line and operational.  That is why I believe it is in the City’s long term best interest to remain part of a regional organization, even though it is weaker than we would like to see it.  Elected Officials and Managers will change over time.  However, it is important that there be an organization whose job is to focus on the future needs of the larger community.

 

 

J.                  COUNCIL COMMENTS

 

Item 26 –       Comments/Concerns from Council Members

 

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

 

 

 

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