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 24, 2007


Date:               July 18, 2007



A.                 OPENING


Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call



B.                 TOWN CENTER CRA MEETING




Item 4 -           Report from Kemper Sports Management


At this time, a representative from Kemper Sports will make a report to the Council regarding the Golf Club at Cypress Head.  Also, the City Council will review the Golf Course Budget and Marketing Plan.  In the marketing plan, Kemper has analyzed the strengths and weaknesses of Cypress Head and the threats to its continued financial success.  One area that continues to show up in the threat to success is the clubhouse itself.  The banquet area is somewhat limited and is a marketing liability for certain types of functions.  Please pay close attention to that section of the report.  Changes are being made to the outside appearance of the course itself.  Pavers are being installed in certain areas to improve the appearance of the entrance.  There is a need to renew the landscaping around the clubhouse.  At some point, the City will need to look at the course in terms of redoing greens and renovating other areas of the course and facility.  It is important that the course continue to be viewed as the premiere course in our area.  If we are to increase the per-round revenue, the course must be kept exciting. 




Item 5 -           Presentation from March of Dimes


Kelley Harrell from the March of Dimes will make a presentation to the City for their participation in the March of Dimes WalkAmerica.


City Manager’s Comments:  I want to recognize Bobbi Palmer and the team of individuals who worked with her.  Once again, Port Orange was one of the largest fund raisers in the entire County.  It is gratifying to work with a group of employees who continue to give back to the community in so many different ways.  This is just one of the ways.  A number of area businesses continue to support Port Orange in this endeavor.  The Port Orange team raised more than $11,000 this year.  Congratulations to all the members of the Port Orange team who made our March of Dimes effort a success.


D.                CITIZEN PARTICIPATION (Non-Agenda)

E.                 CONSENT AGENDA


Item 6 -           Project Managers’ Report


Attached is the Project Managers’ Report.  If you have questions, please contact any of the Project Managers or me.


F.                 TABLED ITEMS


Item 7 -           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 (Tabled July 17, 2007)


We recommend that this item remain on the table.


Item 8 -           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 (Tabled July 17, 2007)


We recommend that this item remain on the table.


G.                FINANCE


Item 9 -           Monthly Financial Report


Attached is the Monthly Financial Report.  If you have questions, please contact either John Shelley or me.




Item 10 -        First Reading – Ordinance No. 2007-33  - First Amendment to the Master Development Agreement for the Airport Oaks Planned Commercial Development


This is a request to adopt the First Amendment to the Master Development Agreement (MDA) for the Airport Oaks Planned Commercial Development (PCD).  If approved, the amendment would allow the extension of the hours of operation for the convenience store business to 24 hours a day.


Planning Commission Recommendation:  The Planning Commission recommended denial, 4-3 of the request to approve the First Amendment to the Master Development Agreement (MDA) for the Airport Oaks Planned Commercial Development (PCD).  Included with the motion were two conditions as follows:

  1. The MDA being amended to allow the City to return the hours of operation back to 5:00 a.m.-11:00 p.m. if the number of complaints or crime reports in the area increases significantly, as determined by the Chief of Police and/or City Manager.
  2. Review by the City Attorney as to legal form and content.


Staff Recommendation:   Staff recommends adopting the First Amendment to the Master Development Agreement (MDA) for the Airport Oaks Planned Commercial Development (PCD).


Second Reading:   August 21, 2007


Item 11 -        Resolution No. 07-61 - Update of Charges and Fees Authorized by the Land Development Code


In early 2005, the City engaged the services of an outside consultant to analyze the charges and fees authorized by the Land Development Code.  Many of the recommended fees were later adopted in August, 2005, per Resolution No. 05-74, which took effect that October; however, many of the fees were not raised to the levels recommended by the 2005 study.  Give the anticipated revenue reduction brought on by the Florida Legislature’s tax reform initiative, the need exists to increase fees to levels needed to recover a greater percentage of staff costs.  On June 19, 2007, the City Council directed the Community Development staff to bring forward the needed fee increases.


The attached Fee Resolution implements the consultant’s recommendations from the 2005 study that were not done previously.  Please see the memorandum included in the packet for additional information.


Staff recommends that Council approve the attached resolution updating the charges and fees authorized by the Land Development Code.



I.                     PUBLIC UTILITIES


Item 12 -        Resolution No. 07-62 - Establishing Gopher Tortoise Relocation Policies and Fees



The State of Florida has permitted the first phase of a Gopher Tortoise relocation bank located on a portion of the City owned wellfield property.  An initial relocation has taken place moving animals from the Eastport project to the site.   Phase I has the potential for acceptance of at least 60 additional tortoises.  The surrounding areas also will support the expansion of the relocation bank in phases that could total up to 1000 acres.


While minimal fees were used in the relocation from Eastport, being a City project, no official policies or fees had been set.   Additional requests for relocation from outside our service area prompted the research of relocation fees charged by other permitted banks.  Fees ranged from a low of $800 per tortoise to a high of $3000 per tortoise.


It is proposed and recommended that a “tiered” fee schedule be implemented by this resolution. The cost for relocation from donor sites within the City service area would be $800 per tortoise.   The cost for relocation from donor sites outside the City service area but within Volusia County would be $1000 per tortoise.  The cost for relocation from donor sites outside Volusia County would be $1200 per tortoise.  These would be fees due directly to the City with any cost for capture, inspection and transport additional and due to our forestry management contractor, CPH Engineers. The object of the tiered system is to both encourage the relocation of animals, and to encourage others to establish and permit banks within their respective service areas.


Funds derived from relocation to the City bank will fund the expansion of the bank as each phase reaches capacity.


Staff recommends that Council approve the attached resolution establishing policies and fees for the relocation of Gopher Tortoises to the City of Port Orange relocation bank.


City Manager’s Comments:  Port Orange has an approved Gopher Tortoise Relocation Bank.  In order for the City to implement the bank, a fee schedule has to be adopted.  We are recommending these fees be adopted.  These fees will go into the City’s mitigation bank fund.


J.                  ADMINISTRATION


Item 13 -        Resolution No. 07-40 – Issuance of Debt for Land Acquisition and Construction of Public Infrastructure – Port Orange Town Center (Continued to Date Certain of July 24, 2007)


Because of the back up pledges, the City Council will have to adopt the attached Resolution related to issuance of debt for the Town Center Project.  The object is to make Town Center self-sustaining.  Over the years, Town Center has borrowed monies from the City’s Loan Pool.  The CRA borrowed money from the City’s internal loan pool as well as from local banks to acquire certain properties.  This bond issue will retire those loans and place them into one debt service payment paid from the CRA.  There will be an additional item on the Council Agenda that will enter into an interlocal agreement between the Agency and the City authorizing the CRA to issue the debt.  Peter Dame is still working on this resolution and it will be provided at the Council Meeting.


City Manager’s Comments:  It is anticipated that the Town Center CRA will need to briefly meet on either Wednesday or Thursday to approve the sale of bonds.  The Preliminary Official Statement is due to be mailed to investors on Friday with the sale to occur either Tuesday or Wednesday. 


Item 14 -        Resolution No. 07-63 - Approving an Interlocal Agreement between the City of Port Orange and the Port Orange Town Center Community Redevelopment Agency


The Town Center CRA will be asked to enact a similar Resolution authorizing the CRA and the City to enter into an interlocal agreement related to financings needed for the Town Center Redevelopment Area.  Peter Dame is still working on this resolution and it will be provided at the Council Meeting.


Item 15 -        Resolution No. 07-64 - Calling a Primary and Regular Election for the Purpose of Electing a Mayor and Council Member for District 3


The purpose of this resolution is to establish the qualifying and election dates for a primary and regular election to elect a Mayor and one City Council member for District 3.  Staff recommends approval.


Item 16 -        Appointing a Canvassing Board for the October and November City Elections


Council needs to appoint a canvassing board for the October and November City elections which will be held on October 9, 2007, and November 6, 2007.  This Board will meet in DeLand at the Elections Office at 6:00 p.m. on election night(s) to count absentee ballots and to obtain results of the election(s).  Normally the Board consists of the City Manager, Deputy City Clerk, and a Council member not running for re-election.  Also in attendance is the City Attorney, a non-voting member of the Canvassing Board to answer any legal questions.  Staff recommends appointment of the canvassing board consisting of the City Manager, Deputy City Clerk, and a Council Member who is not running for re-election.


Item 17 -        Eastern Volusia Regional Water Authority


Attached is a letter from the Cities of Daytona Beach, Holly Hill and South Daytona inviting the City of Port Orange to participate in the Eastern Volusia Regional Water Authority.  This is a planning and coordinating group.  It would not hurt the City to participate in this group as long as the interests of Port Orange are protected and it does not cost any money. 


Item 18 -        Authorization to Participate in the Daytona Beach Community College Small Business Development Center’s Scholarship Program


Daytona Beach Community College (DBCC) created a Small Business Startup Series through its Small Business Development Center (SBDC).  The Small Business Startup Series is a curriculum of six (6) courses.  The courses cover key components of business startup and growth.  The fees to enroll in each course range from $35 to $50.  DBCC is proposing that the City of Port Orange provide business scholarships to all new and renewal business license customers.  The scholarships are for $120 and will be funded by the Foundation at DBCC.  All flyers and information will be provided to the City for distribution.  The City of Port Orange would support the program at DBCC through information sharing only.  The scholarships can be used for up to 50% of the charges associated with SCBC services, including training classes, SDBC online resources, texts, and classroom materials.  DBCC hopes that it s small business program will give businesses the tools necessary to improve business survival, growth, and retention.  Staff recommends that Council authorize the City to include information on the Daytona Beach Community College Small Business Development Center scholarship program with occupational license applications and renewal notices.


Item 19 -        Amendment to Reservation Agreement with CBL & Associates for Purchase of Mitigation Bank Credits


In February of 2007 the City and CBL & Associates entered into a “reservation agreement” for the purchase of up to 20 State mitigation bank credits from the City Mitigation Bank.  Council approved this reservation and a deposit of 10% of the current total cost of 20 State credits was paid by CBL.


CBL has now determined that an additional 5 State mitigation credits are needed for the Pavilion project and wish to amend the existing reservation agreement.  The City Mitigation bank has sufficient credits available at this time, and staff has no objections to amending the reservation agreement.


A 10% deposit will be required on the current total cost of 5 State Credits.   Current City Resolution 07-32 sets the cost of one State credit at $45,000.  The total current price for 5 credits would be $225,000.00, therefore the required deposit would be $22,500 due within 30 days of approval of the amendment.  The total deposit paid to date by CBL will then apply towards the current cost of 25 State mitigation bank credits at the time of actual purchase.


Staff recommends that Council approve an amendment to the existing reservation agreement with CBL & Assoc. for the purchase of an additional 5 (five) State Mitigation Bank Credits and authorize the Mayor and City Manager to sign the agreement of behalf of the City


Item 20 -        Amendment to Agreement with Sunglow Construction


Margaret Roberts will provide information on this item at the Council Meeting.



K.                 COUNCIL COMMENTS


Item 21 -        Comments/Concerns from Council Members


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


Item 22 -        City Council Committee Reports


At this time, Council Members may discuss various committees to which they have been assigned.