MEMORANDUM

 

 

 

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 August 7, 2007

 

Date:               August 2, 2007

 

 

A.                 OPENING

 

Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call

 

 

B.                 PUBLIC HEARING

 

Item 4 -           Resolution No. 07-66 - Adopting the Five Year Capital Improvement Program

 

The attached resolution will approve the final Capital Improvement Plan for FY2008 through FY2013.  The total recommended for funding projects for FY2008 is $6,346,942.  The following revisions to the CIP have been made since the July 17, 2007, workshop:

 

CIP Workshop                                   $6,535,034 - As presented July 17, 2007

 

Reduce Resurfacing Program         ($151,892) - Per Revised County Estimate

Delete Project No. 200710              $   16,200) - Reduce 800 MHz Radio Replacement

Reduce Equipment Replacement   $   20,000) – Remove duplicate golf course equipment

 

Recommended Funded

            Projects FY2008                   $6,346,942 – As proposed August 7, 2007

 

Detail of the Capital Improvement Plan is provided herein.  Staff recommends approval.

 

City Manager’s Comments: The reduction in the resurfacing program is directly related to the estimated reduction in gasoline tax revenue.  The City of Port Orange expects gasoline taxes to continue to decline as automobiles become more fuel efficient and as gasoline prices continue at record highs.  The others are self-explanatory.   If the City Council adopts the CIP, the first year will be translated into the operating budget as the Capital Program for FY 2008 which begins on October 1. 

 

C.                BOARD APPOINTMENTS AND INTERVIEWS

 

Item 5 -           Civil Service Board (1 Term to Expire on May 16, 2007)

 

One appointment needs to be made to the Civil Service Board with the term to expire on May 16, 2010.  Attached is the only application on file from Jay “Michael Burton.  Mr. Burton will be in attendance at the meeting on August 7.

 

Item 6 -           Construction Regulation Board (1 Term to Expire on February 15, 2008)

 

One appointment needs to be made to the Construction Regulation Board to fill the unexpired term of Ronald Peasley with the term to expire on February 15, 2008.  Attached is the only application on file from Jay “Michael” Burton.  Mr. Burton will be in attendance at the meeting on August 7.  The Construction Regulation Board must consist of:  1 Architect or Engineer; 1 Licensed Contractor; 3 Members-at-Large from the Building Industry.

 

Item 7 -           Planning Commission (3 Terms to Expire on September 1, 2007)

 

Three appointments need to be made to the Planning Commission with the terms to expire on September 1, 2009.  The terms of Richard Barker, Shannon Booth, and Robin Lasky will expire on September 1, 2007.  All have expressed interest in being reappointed.  Attached is an application from Jay “Michael” Burton.  All applicants will be in attendance at the August 7 Council Meeting.

 

 

D.                CITIZEN PARTICIPATION

 

Item 8 -           Request from AMVETS Post 911 for City to Co-Sponsor Freedom Walk

 

The City has received a request from AMVETS Post 911 for the City to co-sponsor and waive fees for a Freedom Walk event at City Center Circle and Veterans Park.  Everyone who joints the walk will be carrying a United States flag or “America Supports You” poster/banner/flag.  The object is to get civic, service, veterans, schools, and business organizations to join in the walk at a certain tie.  The fees associated with the event total $469.63. 

 

Staff recommends that Council approve the request from AMVETS Post 911 to hold a Freedom Walk at City Center Circle and Veterans Park on September 11, 2007, in memory of 9-1-1 and all agencies that protect the citizens of the United States and to charge the associated fees in the amount of $469.63.

 

City Manager’s Comments:  This is a minimum impact event at City Center.  They are proposing to close the street at City Center.  Please notice that there are no police costs assigned to the event.  The Police Department would supplement the activity with available on duty personnel.  Those personnel would be available to respond to emergencies should they occur.

 

E.                 CONSENT AGENDA

 

Item 9 -           Approval of Minutes

 

Attached are the minutes of the following meetings: 

 

 

Staff recommends approval.

 

Item 10 -        Update on Construction Projects

 

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

 

Item 11 -        Update on Recreational Facilities

 

Attached is the Recreation report.  If you have questions, please contact Susan Lovallo 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 -        Workers’ Compensation Insurance:  Policy Year 2007-08

 

The cost of the insurance premium for the 2007-08 Workers’ Compensation Insurance Program will be $505,714, a decrease of $70,300, or 12.2% over last year’s premium.  The cost components of the premium are:  payroll, rates, and experience modification (the average of prior three years of losses compared to industry average).

 

Manual Premium                                                       % Change from Current Program

 

Payroll                                                                                                +00.6%

Overall Rate Factor                                                                           -05.8%

Experience Modification Factor                                                      -07.0%

 

Premium                                                                                            -12.2%

 

Staff recommends that Council approve the selection of Florida Municipal Insurance Trust (FMIT) through Florida League of Cities, Inc., for Workers’ Compensation Insurance Program with a $25,000 per incident deductible and with the coverage period from October 1, 2007, through September 30, 2008.  The term of the services with Florida League of Cities, Inc., will be the third year of the three-year contract with FMIT.

 

Item 14 -        Florida League of Cities Award Nomination – City Manager of the Year and City of Excellence

 

The Florida League of Cities presents awards annually in several categories to cities and individuals for excellence during the previous year.  Staff would like to honor Kenneth W. Parker and the City of Port Orange by nominating them for City Manager of the Year and City of Excellence respectively.  The nominations must be submitted by August 10, 2007.  Finalists will be announced in early October.  Winners will be announced at an Awards Banquet on November 9, 2007, at the Hyatt Regency Orlando International Airport Hotel.  Staff recommends that Council nominate Kenneth W. Parker for the Florida City Manager of the Year Award and the City of Port Orange for the Florida City of Excellence Award in the Florida League of Cities Annual Awards.

 

Item 15 -        Bid Award – Initial Site Work for Fire Station No. 72

 

Staff issued the bid for the initial site work for Fire Station No. 72 and received seven responses.  The lowest bid was received from E-Scape Inc. in the amount of $58,726.  E-Scapes’ references were verified and a preliminary meeting between this firm, the architects, and staff was held.  The meeting was to ensure that E-Scape had a complete and thorough understanding of the work involved and was capable in performing it.  Being satisfied that they can, Staff is recommending that the Council approve and award the contract for this project to E-Scape for their bid as submitted in the amount of $58,726 for the Initial Site Work for Fire Station No. 72.

 

F.                 TABLED ITEMS

 

Item 16 -        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 17 -        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 Setbacks and Requirements for Sunrooms (Tabled July 17, 2007)

 

We recommend that this item remain on the table.

 

Item 18 -        Resolution No. 07-61 – Update of Charges and Fees Authorized by the Land Development Code (Tabled July 24, 2007)

 

We recommend that this item remain on the table.

 

G.                BOARDS AND COMMISSION

 

Item 19 -        Report from Advisory Board

                        Environmental Advisory Board

 

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

 

H.                 COMMUNITY DEVELOPMENT

 

Item 20 -        First Reading – Ordinance No. 2007-34  - Rezoning 0.89 Acres from PUD to PCD and Approving a Master Development Agreement and Conceptual Development – Summer Trees Plaza PCD

 

This is a request to approve the Master Development Agreement (MDA) and Conceptual Development Plan (CDP) for the proposed Summer Trees Plaza PCD, located on the south side of Taylor Road, west of Williamson Boulevard. The request includes the rezoning of 0.89 acres from “PUD” (Planned Unit Development) to “PCD” (Planned Commercial Development), and creation of a new PCD including the 0.89 acres and the adjoining 10.83-acre property already zoned PCD. If the new PCD is approved, the applicant intends to develop the north portion of the property with a mixture of office and retail uses. The south five acres will be deeded to the City for use as a stormwater retention facility. The staff report is attached for review.

 

Planning Commission Recommendation:      The Planning Commission recommended approval, 7-0 (unanimous), of the rezoning, Master Development Agreement (MDA) and Conceptual Development Plan (CDP) for the proposed Summer Trees Plaza PCD, located on the south side of Taylor Road, west of Williamson Boulevard. The request includes the rezoning of 0.89 acres from “PUD” (Planned Unit Development) to “PCD” (Planned Commercial Development), and creation of a new PCD including the 0.89 acres and the adjoining 10.83-acre property already zoned PCD. If the new PCD is approved, the applicant intends to develop the north portion of the property with a mixture of office and retail uses. The south five acres will be deeded to the City for use as a stormwater retention facility. The staff report is attached for review.

 

The Commission’s recommendation is conditioned upon the resolution of all outstanding comments and procedural comments, except that the off-site signage proposed by the applicant should be allowed, and upon review by the City Attorney as to legal form and content.

 

Staff Recommendation:   Staff recommends rezoning 0.89 acres from “PUD” to “PCD” and approving the Master Development Agreement, dated May 30, 2007, and the Conceptual Development Plan dated May 25, 2007 for the 11.27-acre Summer Trees Plaza PCD, as recommended by the Planning Commission per the meeting of July 26, 2007, incorporating the staff report dated July 19, 2007.

 

Second Reading:   August 28, 2007

 

 

Item 21 -        Resolution No. 07-67 - Adopting the City’s Community Development Block Grant “FY2007 Action Plan”

 

The City’s FY2007 Action Plan for use of Community Development Block Grant Funding consists of one activity.  The City intends to use the 2007 CDBG entitlement to purchase residential real property to be utilized with approved affordable housing activities.  A public meeting was held on July 16, 2007 during a thirty day public comment period yielding no additional comments or suggestions to be considered for the FY2007 Action Plan.  Staff recommends that Council approve the City’s CDBG FY 2007 Action Plan and submittal of the plan to HUD, which must be on file with HUD by August 16, 2007.

 

Item 22 -        Development Order Modification – Sunset Cove Subdivision, Phase II

 

The purpose of the request is to remove a condition of the Development Order pertaining to when Certificates of Occupancy (C.O.s) can be issued for individual lots in the development. The condition in question prevents the issuance of C.O.s until new traffic signals are installed on Williamson Boulevard at the intersections of Willow Run Boulevard and Madeline Avenue. There are 85 single-family lots in Phase II. The applicant is also making the same request for Phase III, which contains 29 lots. The subject property is located on the south side of Madeline Avenue, east of Williamson Boulevard. Please refer to the attached Staff report for more information.

 

Planning Commission Recommendation:  The Planning Commission recommended approval, 4-3, (Commissioners Green, McMasters, and Barker dissenting), of a modification to the Development Order for Sunset Cove Subdivision, Phase II.

 

Staff Recommendation:   Staff recommends approval.

 

Item 23 -        Development Order Modification – Sunset Cove Subdivision, Phase III

 

The purpose of the request is to remove a condition of the Development Order pertaining to when Certificates of Occupancy (C.O.s) can be issued for individual lots in the development. The condition in question prevents the issuance of C.O.s until new traffic signals are installed on Williamson Boulevard at the intersections of Willow Run Boulevard and Madeline Avenue. There are 29 single-family lots in Phase III. The applicant is also making the same request for Phase II, which contains 85 lots. The subject property is located on the south side of Madeline Avenue, east of Williamson Boulevard. Please refer to the attached Staff report for more information. 

 

 

Planning Commission Recommendation:  The Planning Commission recommended approval, 4-3, (Commissioners Green, McMasters, and Barker dissenting), of a modification to the Development Order for Sunset Cove Subdivision, Phase III. The purpose of the request is to remove a condition of the Development Order pertaining to when Certificates of Occupancy (C.O.s) can be issued for individual lots in the development. The condition in question prevents the issuance of C.O.s until new traffic signals are installed on Williamson Boulevard at the intersections of Willow Run Boulevard and Madeline Avenue. There are 29 single-family lots in Phase III. The applicant is also making the same request for Phase II, which contains 85 lots. The subject property is located on the south side of Madeline Avenue, east of Williamson Boulevard. Please refer to the attached Staff report for more information. 

 

Staff Recommendation:   Staff recommends approval.

 

Item 24 -        Concurrency and Fair Share Agreement, Tree Conservation Easement, and Public Improvements Agreement for Crystal Lake Business Park

 

Quest Design Group LLC, applicant, requests approval of a Concurrency and Fair Share Agreement, a Tree Conservation Easement, and a Public Improvements Agreement for the Crystal Lake Business Park development located at 1101 Reed Canal Road.  The proposed development consists of 101,220 square feet of building space in the Crystal Lake PCD (Planned Commercial Development).  Currently, this project is going through the City’s site plan process and is being reviewed at the staff level.  Included with this report is a copy for the proposed site layout and all three proposed agreements for the Council’s review.  Staff recommends that Council approve the Concurrency and Fair Share Agreement, Tree Conservation Easement, and the Public Improvements Agreement for the Crystal Lake Business Park Final Site Plan.

 

I.                     PUBLIC SAFTY

 

Item 25 -        Adopting the Comprehensive Emergency Management Plan (CEMP) Basic Plan

 

The City of Port Orange created an Office of Emergency Management as authorized by the State of Florida and Chapter 26 of the City ordinances.  Under the City Manager’s direction, the CEMP was developed so that City departments would have a framework to direct them before, during, and after disastrous events.  The CEMP departments should be reviewed and updated periodically to remain current and compliant with County, State, and Federal guidelines.  The last review and update was August, 2000; and since that time, Federal guidelines now require cities to be compliant with NIMS in order to be eligible for grant monies and disaster reimbursement funds.  The CEMP Basic Plan before the City Council has been reviewed by Volusia County Emergency Management, and they state it is “compliant with Volusia County’s CEMP” and a “good job of making it reflect current NIMS strategy.”

 

All City Departments were sent draft copies of the proposed CEMP Basic Plan on June 6, 2007, with the request to review it and make any changes, additions, or deletions.  All comments received have been incorporated into the final version before the City Council.

 

Staff recommends that Council formally adopts the updated and revised CEMP Basic Plan and its annexes – August, 2007, version as the process by which the City will respond to and handle emergency/disaster situations.  While the Basic Plan is approved by the Council, the annexes to the CEMP are the operational guidelines that will change as circumstances change and, thus, may be amended as directed or approved by the City Manager without Council approval.

 

J.                  ADMINISTRATION

 

Item 26 -        Continuation of Contract with Jefferson Government Relations

 

Attached is our most recent invoice from Jefferson Government Relations.  In order to continue the contract through the end of September, 2007, additional funds will have to be allocated.  Staff recommends that a contract extension in the amount of $20,000 be issued in order to cover the services and expenses of the Jefferson Group through the end of September, 2007, subject to Budget Resolution appropriating funds.

 

Staff recommends that Council approve a contract extension in the amount of $20,000 for the months of July, August, and September with Jefferson Government Relations.

 

City Manager’s Comments:  We are in a critical time with the Rose Bay Project.  The Project funding is scheduled to go to conference in a few weeks.  It has taken a team effort to get us this far.  We do need additional money for the Jefferson Government Relations group to continue on our behalf through the end of the fiscal year.  We owe them for work they have performed through July at this point in time.  We will owe them for the months of August and September.  We have about $2.3 million in funding in the House Budget and the project title in the Senate Budget.  We have received pledges from our Delegation to work to keep Rose Bay funded at the $2.3 million level at Conference.  We will be asking for a similar amount in next year’s budget.  Fortunately for us, the President has included our request in his budget, too.  But, it does require a lot of leg work to keep everybody informed on what is happening as legislation goes through the cycle.  I am recommending that we authorize the Mayor and City Manager to execute an extension to the contract with Jefferson Government Relations through September 30 subject to the City Attorney’s review of the contract extension and to authorize the City Manager to pay the current bills.  I would propose to pay the existing bills from the General Fund contingency.  There are funds available in that account to pay for the current bills. 

 

K.                 COUNCIL COMMENTS

 

Item 27 -        Comments/Concerns from Council Members

 

At this time Council Members may discuss matters of concern.