To: Mayor Allen Green
Vice Mayor Mary 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 17, 2007
Date: July 10, 2007
Item 1 - Pledge of Allegiance
Item 2 - Silent Invocation
Item 3 - Roll Call
B. SPECIAL RECOGNITION AND PROCLAMATIONS
Three Port Orange Elementary School students won first, second, and third place in our “Summer Safety Poster Contest.” All three will receive certificates of achievement, signed and presented by Mayor Green and Chief Weber, and savings bonds donated by Riverside Bank. First place winner, Michelle Henning, will have her poster displayed on a billboard at the intersection of U. S 1 and Nova Road, compliments of Lamar Advertising.
C. TOWN CENTER CRA MEETING
The Town Center CRA will be meeting to consider the award of contracts and the acquisition of a mobile home unit at 110 Fourth Avenue. They are scheduled for 7:05 p.m. The CRA will be meeting prior to the City Council Meeting to review the proposed budget for 2007-08.
D. CITIZEN PARTICIPATION (Non-Agenda)
E. CONSENT AGENDA
Attached are the minutes of the following meetings:
May 1, 2007 – Special City Council Meeting
May 1, 2007 – Regular City Council Meeting
May 15, 2007 – Special City Council Meeting (5:00 p.m.)
May 15, 2007 – Special City Council Meeting (6:10 p.m.)
May 15, 2007 – Regular City Council Meeting
May 22, 2007 – Special City Council Meeting (5:00 p.m.)
May 22, 2007 – Special City Council Meeting (5:43 p.m.)
May 22, 2007 – Regular City Council Meeting (7:00 p.m.)
We recommend approval.
Attached is the update from Quentin Hampton’s. If you have questions, please contact any of the Project Managers, Mark Hampton, or me.
Attached is the update from Parks and Recreation. If you have questions, please contact Susan Lovallo or me.
Attached is the report from Public Works. If you have questions, please contact Warren Pike or me.
A bid for the re-roof of the Port Orange YMCA facility was issued. There were three firms that submitted bids. The low responsive bid was received from R&R Industries Inc. in the amount of $384,500. Stottler Stagg & Associates, our consulting engineers on this project, checked with R&R’s schedule of values to determine if they included everything. SSA was satisfied with that submittal and recommend awarding the project to R&R as submitted. Staff concurs. Staff recommends that Council accept the recommendation of Stottler Stagg & Associates and award the contract to R&R Industries in the amount of $384,500.
Summer Trees South was selected by the NIP Selection Committee to receive funding for landscaping a park area of their neighborhood. Since 2000, the City’s Neighborhood Investment Program (NIP) has provided eligible recipients with cash grants up to $5,000.00 for projects that improve the quality of life in the City and specific neighborhoods.
Staff recommends awarding Summer Trees South a grant in the amount of $4,893.95. Summer Trees South will contribute $3,373.96 in cash and $1,520.00 worth of in-kind labor. Funding is available for the NIP grant awards in account # 001-1100-511-8300.
City Manager’s Comments: Last year, the City partnered with Summertrees South to do a landscape project in their neighborhood. It was a tremendous success. We were invited to the neighborhood when they dedicated the project. It brought the entire neighborhood together to complete the project. The project became a community project that strengthened the neighborhood.
In the 2007-08 budget, I am not including any funds for the Neighborhood Investment Program. These investment projects not only improve neighborhoods but they build a sense of community and community pride for very little investment.
Since 2000, the City’s Neighborhood Investment Program (NIP) has provided eligible recipients with cash grants up to $5,000.00 for projects that improve the quality of life in the City and specific neighborhoods.
Treasure Isle Estates was one of the neighborhoods the NIP Selection Committee reviewed and selected to receive funding. Treasure Isle requested assistance to install landscaping along their park entrance.
Staff recommends awarding Treasure Isle Estates a grant in the amount of $517.00. Funding is available for the NIP grant awards in account # 001-1100-571-8300.
City Manager’s Comments: This is the first grant application that we have received from one of our mobile home communities. These residents are making a commitment to keeping their community alive and in good shape. This program strengthens community involvement and neighbor interaction which strengthens not only this neighborhood but the City as a whole.
Quentin L. Hampton Associates, Inc., has incurred additional expenses to the architectural allowance for the gymnasium and PAL expansion/renovation project. $38,500 is needed to complete the project. This project was re-designed and re-bid in accordance with direction by the City Staff. Additional architectural fees exceeded the original allowances. Overages were paid to the architectural sub-consultant and it will be necessary to augment this purchase order to fund contract administration and inspection fees. Funds are available in 307-1000-580-6397. Staff recommends that Council approve the increase to the Quentin L. Hampton Associates contract for additional architectural allowance for the design/construction of the gymnasium and PAL expansion/renovation project in the amount of $38,500.
City Manager’s Comments: As you will recall the original project had to be redesigned because the City received no bids for the gym project. Major modifications had to be made in order to get the project within the money available. For example, the second floor renovations in the building were deleted from the project. The elevator was removed that provided access to the second floor. The administrative office renovations were deleted from the building, and the PAL and Pre-School addition was removed from the east side of the building. In the end, a new skin is being placed on the building, a new roof is being installed and certain other improvements are being made. This caused a redesign of the building; therefore, the additional cost associated with the redesign were not included in the original contract.
Last September, the City received a $2 million grant from FDEP under their Total Maximum Daily Load (TMDL) Grant program for the Cambridge Basin Central Drainage Improvements. Part of the grant requirements, the City must provide data indicting the project improved the water quality of the surrounding water body. Through their project design contract, Quentin L. Hampton Associates will provide the monitoring and reporting services in accordance with FDEP standards.
Staff recommends that Council authorized the City to execute the attached contract from Quentin L. Hampton Associates, Inc., for Water Quality Services related to the Cambridge Basin Improvements in the amount not to exceed $53,730.
City Manager’s Comments: The City of Port Orange received a grant from DEP for drainage and water quality improvements in the Cambridge Basin. One of the requirements is water quality monitoring. Quentin L. Hampton Associates is the project engineer. Therefore, we are recommending that we contract with them for Water Quality monitoring associated with the FDEP grant requirement. There are monies in the project budget for this task.
One of the discussions the City is having with St. Johns River Water Management District is whether the stormwater in the retention pond being constructed off Wiltshire can be used as irrigation water. We are examining options about whether the water can be pulled through the bottom of the retention pond and then fed directly into the reclaimed water system rather than going back to the Reclaimed Water Plant for treatment and then back into the reclaimed water distribution system. St. Johns and the City of Port Orange are involved in some testing on another of our ponds to see if this is a viable option. The results of the monitoring in this pond may help us determine whether this pond is a good candidate as well to be tapped into for irrigation source water. Secondly, I am interested in efficiently using our reclaimed water distribution system to move water to the west prior to storm events in order to increase the capacity of our retention ponds. All of those items will require monitoring and testing before we are allowed to proceed.
The attached Staff Reports include the Development Activity Report for June, 2007, and the Building Activity Report for May, 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 May and June, 2007).
Volusia County has renewed their recycling processing agreement with GEL Corporation. The City of Port Orange has piggybacked this contract in the past and staff wishes to continue doing so. Under the agreement, GEL Corporation agrees to accept and process recyclables collected within the City. The agreement will be effective June 20, 2007, and continue for seven years unless terminated by either party according to terms in the agreement. Staff recommends approval to piggyback the County’s contract with GEL Corporation for recyclable materials processing and marketing services.
City Manager’s Comments: The Mayor asked that we examine the length of the contract for processing recyclables. Volusia County has let a master contract for handling recyclables at the Volusia County Landfill. In examining the terms of the contract, the City can provide notice to the vendor and terminate the contract when and if another option becomes available. At this time, there are very limited options for the selling of our recycled products. It is my recommendation that we enter into this contract. At the time additional options become available, I would propose that we examine those options at that time rather than shortening the contract term. If an option proves to be better at that time, the City could provide the required notice and exercise our option to cancel the contract and transition to another vendor.
For the past several weeks, the City has been reviewing various options as it relates to renewal of the City’s health insurance program. We have reviewed several options that would accommodate the most cost savings for both the City and the employees while, at the same time, providing needed health benefits to employees.
In summary, our cost utilization has been slightly higher than expended. This above average health claims has provided concern for our normal January 1st renewal premium options. In an effort to keep rates within reason, we are proposing to change the anniversary date from January 1, 2008, to October 1, 2007. the annual out of pocket expenses are higher as well as co-pays for doctor visits and hospital stays. The medical drug program remains constant; however, the new standard overall planes more cost on the employee. Please see the attached proposals from Florida Health Care for more specific information.
Should you have questions related to this topic, Staff and representatives from Florida Health Care will be present.
Staff recommends acceptance of the proposal from Florida Health Care for the period beginning October 1, 2007, through September 30, 2008.
F. BOARDS AND COMMISSION
a. Environmental Advisory Board
A representative of the Environmental Advisory Board will make a report to the Council at this time.
G. COMMUNITY DEVELOPMENT
Item 18 - Second Reading – Ordinance No. 2007-27 – Amending the Land Development Code by Amending Chapter 17, Section 29, Relating to Workplace District Dimensional Requirements in the Planned Community – Agriculture Zone
We recommend approval.
This is a request to amend the Future Land Use Map of the City of Port Orange Comprehensive Plan Update ’98, for property located north of Town West Boulevard, east of Tomoka Farms Road, and south of Fiddler Lane from Volusia County Rural (0.2-1 units/acre) to City of Port Orange Rural Residential/Agricultural (0-2 units/acre. If approved, the owner/applicant intends to rezone the property to “R-20SF” (Single Family Residential) and subdivide the property into 12 single family residential lots.
PLANNING COMMISSION ACTION: At its April 26, 2007 meeting, the Planning Commission recommended approval 4-0 (Commissioners Atwood, Green and Lasky excused), of an amendment to the Future Land Use Map of the City of Port Orange Comprehensive Plan Update ’98. This map amendment is to change the land use designation of 9.6 acres located north of Town West Boulevard, east of Tomoka Farms Road, and south of Fiddler Lane from Volusia County Rural (0.2-1 units/acre) to City of Port Orange Rural Residential/Agricultural (0-2 units/acre).
Staff Recommendation: Staff recommends approval.
Second Reading: Second Reading will be scheduled after the City receives comments back from the Volusia County Growth Management Commission.
Item 20 - First Reading – Ordinance No. 2007-31 - Rezoning – From Volusia County A-2 (Rural Agriculture) to City of Port Orange R-20SF (Single Family Residential) – Bipin Rama
This is a request to rezone approximately 4.87 acres located at 812 Airport Rd. from Volusia County “A-2” (Rural Agriculture) to City of Port Orange “R-20SF” (Single-Family Residential). If the request is approved, the property owner, Bipin Rama, intends to subdivide the property into five single family residential lots.
Planning Commission Action: Recommended approval, 7-0 to rezone approximately 4.87 acres located at 812 Airport Rd. from Volusia County “A-2” (Rural Agriculture) to City of Port Orange “R-20SF” (Single-Family Residential). If the request is approved, the property owner, Bipin Rama, intends to subdivide the property into five single-family residential lots.
Staff Recommendation: Staff recommends approval.
Second Reading: August 21, 2007
Item 21 - First Reading – Ordinance No. 2007-32 - Amending Chapter 16, Section 5(b) and Chapter 2, Section 2 of the Land Development Code Relating to Special Setback and Requirements for Sunrooms
This is a request to amend Chapter 16, Section 5(b) of the Land Development Code to include a 15 ft. rear setback for sunrooms, provided that the structure width does not exceed 30% of the lot width as measured at the rear yard setback line, or 30 ft., whichever is less, and to amend Chapter 2, Section 2 of the LDC to create a definition for “sunroom”. If approved, sunrooms will be allowed to encroach into the rear yard setback, similar to other accessory residential structures.
Planning Commission Recommendation: Please note, the Planning Commission recommends Alternative #3 out of four alternatives suggested by Staff.
Staff Recommendation: Staff recommends approval.
Second Reading: August 21, 2007
The purpose of the Letter of Understanding (LOU) for the City of Port Orange EAR is to identify the planning issues on which the City will focus its EAR, consistent with Section 163.3191 Florida Statutes. Each local government is required to prepare a list of major issues and ask DCA to concur that these are the issues on which the report should focus. Entering into such a “Letter of Understanding” between DCA and the local government is intended to help avoid misunderstandings during the review of the adopted report. Once approved by DCA, the LOU will in a sense become a scope of work between the City and DCA, an understanding which the City EAR will be evaluated against when DCA determines whether the EAR is sufficient. The LOU includes a brief description of the scope of the EAR, a summary of the public participation process that lead to the development of the major issues list and the major issues that the City of Port Orange will evaluate. Staff request approval to transmit the Letter of Understanding for the EAR to DCA.
Planning Commission Recommendation: The Planning Commission recommends approval 7-0.
Staff Recommendation: Staff recommends approval.
Item 23 - Resolution No. 07-57 - Approving Amendments to the City’s Local Housing Assistance Plan and Adopting Affordable Housing Incentives as Required by the State Housing Initiative Partnership Act
The Local Housing Assistance Plan is the controlling document for use of funds allocated under the State Housing Initiative Partnership (SHIP) program. The City is required to adopt affordable housing incentives in order to receive continued funding through SHIP. Along with the incentives, revisions have been made to the Local Housing Assistance Plan as identified by the SHIP Advisory Board and Staff that will allow funding to be realistically utilized in the City of Port Orange. Staff recommends that Council approve the attached resolution revising the City’s Local Housing Assistance Plan and adopting affordable housing incentives as required by the State Housing Initiative Partnership Act.
Tim Bjork, Authorized Representative of Our Saviors Lutheran Evangelical Church, requests approval of a “phasing agreement” for the property located at 1715 Taylor Road. If approved, the church plans to construct a new 7,583 SF sanctuary/fellowship hall with the associated site improvements and to remodel the current church into a childcare center. The phasing agreement will allow the church to obtain a certificate of occupancy for the new sanctuary/fellowship hall building while the current sanctuary building is remodeled to serve as the church’s new childcare facility and the portable building that currently houses the church’s childcare facility is removed. To meet the architectural requirements of Chapter 14 of the City’s Land Development Code, the portable building needs to be removed and the roof material for all of the buildings on site needs to be consistent in material and color. Staff recommends approval of the phasing agreement for Our Savior’s Evangelical Lutheran Church.
H. PUBLIC UTILITIES
Item 25 - Second Reading- Ordinance No. 2007-28 – Amending Chapter 74, Article VI, Section 74-202 of the Code of Ordinances Relating to Reclaimed Water System Protocol
We recommend approval.
I. PARKS AND RECREATION
Parks and Recreation proposed to increase program fees and athletic activity fees in accordance with the attached. Staff recommends approval.
City Manger’s Comments: As part of the budget process, we are recommending revisions to Parks and Recreation Fees. These fee increases impact virtually every program offered by the City of Port Orange. If adopted, the first program to see the impact of the fee adjustments will be the fall soccer program. These fees would be implemented immediately.
This is one of the budget suggestions that came from the City Clerk’s Office. They were reviewing the cost of doing lien searches and found the City was not recovering our cost. It was suggested that the City increase its lien search fees to recover the cost of the service. The new fees would be effective immediately.
Another of the budget suggestions came from the City Clerk’s Office related to the cost of permitting canvassers, solicitors, peddlers, and transient merchants. Port Orange does not have a lot of these types of businesses. However, when we do receive a request, it does require staff to process their application. The City Clerk’s Office recommended that we adjust the fees so that they fully cover the cost of handling this permitting process.
A public workshop to discuss the project costs and scenarios was held on June 21, 2007 with the affected property owners along the B-23 Canal in Harbor Oaks. The purpose of the project is to ensure that the muck from the canal does not enter Rose Bay once the restoration is completed and the bay is dredged. According to the engineer, should dredging occur within the canal, the seawalls, due to their poor condition, will collapse. The most effective method of making the improvements is to coordinate with the Army Corp of Engineers for the dredging component. If the dredging is done with the ACOE the cost will be $610,085. If done as a stand alone project, the cost will be around $2,210,043. The total cost to replace the seawall is estimated at $2,810,043. An alternative option to the dredging and seawall replacement (construction of a weir, which will be about $300,000, at the mouth of the canal) was presented, but many of the property owners were not in favor of it since it would restrict the navigability of the canal.
If a special assessment district is created, affected residents will have the option to prepay the assessment or to have the cost financed over a set period of years. The first method of assessment is to allocate the dredging costs on a per-parcel basis and the seawall reconstruction on a per-front-foot basis. In this scenario, the dredging could be financed over a period of 10 years and the seawall over a period of 20 years. The second option would be to combine both projects and allocate the assessment on a per-front-foot basis. In this case, the financing period could be for up to 20 years. The City owns approximately 40% of the canal frontage which is comprised of right-of-way and two parcels and the remainder of the seawalls fronting the canal are privately owned. A final determination of the City’s portion of the dredging cost needs to be made if the dredging component is broken out separately. The City’s total cost is estimated to be between $1.3 and $1.9 million.
If the City Council elects to move forward with creating the special assessment district this calendar year, an Initial Assessment Resolution, with associated costs, methodologies, and affected parcels will be brought back for formal consideration. If approved, a Final Assessment Resolution will be prepared for an advertised public hearing with notice mailed to all affected property owners. If the City Council elects to postpone the creation of the special assessment district until next year, another Resolution of Intent will have to be adopted by January 1, 2008.
Because of the short time frame and the unlikelihood of the dredging commencing this year, staff recommends that the special assessment district not be created until 2008. This will give staff additional time to pursue grant funding and complete legal documents and give property owners time to consider their financing options and an appropriate time period to prepay in order to avoid financing costs.
A copy of the presentation and costs presented to the residents is attached. Since the meeting, several residents have contacted the City to state their opposition to the construction of a weir. Additional comments made by residents included the City paying for the dredging costs and seeking additional grant funds to defray the project costs. Questions were raised as to the City’s ability to create the special assessment district, the history of the Rose Bay restoration project, and the methodology used to decide which properties were included.
City Manager’s Comments: A question has been raised about the ownership of the seawalls. Recently, an individual brought a copy of their survey to Shannon that showed their property did not include the seawall. The City was given certain lands in the area when Harbor Oaks annexed into the City of Port Orange. It is clear that the canal itself was not in the lands given to the City by the County after the annexation. We have examined the plat. It is clear that the plat reserves the canal and a turn around area for boats. The plat is a 1926 plat.
It may take some additional time to determine exactly who is the owner of the canal. Shannon will report to the City Council on Tuesday what progress we are making and the options available to the City of Port Orange.
Residents in the Coral Way area requested that the City assist with creating a mechanism for the three canals in the area to be dredged to increase navigability for boat traffic. The City received cost estimates for completing the project and prepared financing schedules associated with creating a special assessment district to fund the improvements. Costs were provided to the neighborhood lead person for dissemination and comment.
Because a handful of residents were not currently living in their homes and due to the costs, the neighborhood has requested that the project not be considered at this time. Staff will assist the residents in working with FDOT to have routine maintenance, for with the FDOT is responsible, conducted in the near future.
Staff recommends that Council eliminate the Coral Way dredging project and special assessment district from consideration this calendar year.
Several meetings have been held with area cities to review the attached agreement. If approved, this agreement will be effective September 30, 2007. Staff recommends approval.
Please see the attached materials for more detailed information regarding this proposal. The attorney is working on the agreement that will be presented to employees. That document should be available next week. Staff recommends approval.
At the end of the Council Meeting, the City Council needs to do a review of the proposed CIP. The CIP will be on the City Council Agenda for adoption in August.
L. COUNCIL COMMENTS
At this time, Council Members may discuss various matters of concern.