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 21, 2007


Date:               August 14, 2007



Prior to the City Council Meeting, I have requested the City Council meet in a Workshop to discuss the Building Inspection Division Budget.  Finance continues to work on the budget.  Also, we should have a better understanding next week if any of the individuals in this section are planning to take the early retirement option.  There are a number of positions vacant in this Division that will not be refilled this year.  Even with that, we believe that we will have to combine positions in this Division in order to balance the revenues.


We have not counted any revenue that may come from any of the large commercial projects that are on the drawing board.  Unless I am sure that they will be constructed within the year, I will not include them as part of the revenue assumptions.  In this type of economy, I believe that it is a better policy to take a wait and see position rather than counting on those projects.



A.                 OPENING


Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call





B.                 CITIZEN PARTICIPATION (Non-Agenda)

C.                CONSENT AGENDA


Item 4 -           Repair of Two (2) Internal Recycle Pumps at the Reclaimed Water Plant


Two of the six internal recycle pumps at the Reclaimed Water Plant have failed and are in need of a complete rebuild.  These pumps were pulled and sent to Mid-State machine for disassembly and evaluation.  These pumps are near the end of a ten year life cycle and will require a complete rebuild or replacement.  Mid-State provided quotes for both repair and replacement.


Staff has determined from the age and condition of the pumps as well as the evaluation by Mid-State that rebuilding would be the best solution at this time.  The total cost for complete rebuild is $56,350.  The cost for new replacement would be $110,000 with a lead time for delivery of 4 to 5 months.


Staff recommends approval of Mid-State Machine and Fabrication to repair/rebuild the two internal recycle pumps and the authorization of a purchase order in the amount of $56,350.  Funds are available in the CIP, Project No. SSP002, Account No. 42104005356397.


Item 5 -           Building Plans Review, Inspection, and Related Support Services


The Selection Committee appointed to evaluate and rank the proposal for RFP 07-11 Building Plans Review, Inspection and Related Services has completed their task.  Four (4) proposals were initially received.  The Committee short listed down to three and heard oral presentations from those three firms.  The final ranking by the Committee is as follows:  GFA International; Universal Engineering and Quorum.  Staff recommends Council approval of this ranking and authorizes staff to negotiate contracts with the top two ranked firms of GFA International and Universal Engineering.


Item 6 -           School Board Indemnification and Hold Harmless Agreement


This indemnification/hold harmless agreement would allow Port Orange Police Officers to conduct “Law Enforcements Response to the Active Shooter” training on the property of the Volusia County Schools, specifically the Port Orange Elementary School.  This training is critical for officers in the event they are dispatched to any of the ten public schools in our jurisdictions concerning a reported active shooter.  If the agreement is approved, said training will be coordinated and supervised by the Police Department’s training section.  Principal Jim Bishop of the Port Orange Elementary School has approved our officers utilizing this school, when school is not in session, to conduct this training with a signed indemnification agreement.  Our City Attorney’s office has reviewed and modified this agreement (attached), and these modifications were reviewed and approved by the Volusia County School Board attorney.  The Police Department is, therefore, asking for approval and authorization of this agreement to conduct said training.


Staff recommends that Council approve and sign the attached Indemnification and Hold Harmless Agreement to allow our Police Officers to conduct “Active Shooter” training in a Volusia County School, specifically, Port Orange Elementary School.


Item 7 -           Monthly Development Activity Report and the Building Activity Report for June and July, 2007


The attached staff reports include the Development Activity report for July, 2007, and the Building Activity Report for June, 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 June and July, 2007.


Item 8 -           Renewal of Dental Coverage through Great West Health


Attached is the renewal from Great West Health Care.  As previously approved, the City’s Health Insurance Anniversary is changing from January 1 to October 1, 2007.  In this effort, we have also reviewed dental coverage.  Change in anniversary date will result in approximately the same cost.  With this, Staff proposes to advance the anniversary date of dental coverage to October 1, 2007, in order to match with the health coverage.  Open enrollment for the dental plan can also be accomplished at the same time open enrollment is held for health insurance renewal.  Staff recommends approval of renewal of the City’s Dental Policy changing the anniversary date from January 1 to October 1, 2007.



Item 9 -           Approve Amendment No. 2 to the City’s FDOT Landscaping Grant Agreement to Landscape Nova Road from Herbert Street to U. S. 1


Construction delays with the widening of Nova Road caused delays with the City’s installation of the landscaping improvements.  The attached amendment to the JPA extends the agreement period, thus allowing FDOT staff to process the City’s reimbursement request for the landscaping, which is now complete, within the agreement period.


Staff recommends that Council approve Amendment No. 2 to the City’s Joint Participation Agreement with FDOT to landscape Nova Road from Herbert Street to U. S. 1.


Item 10 -        Engineering Services Authorization to Quentin L. Hampton Associates, Inc., for Stormwater Permitting Modification Assistance Related to the Sun Glow Property



The City of Port Orange is continuing in its negotiations with Sun Glow Construction to acquire the 5.0 acres of land to be used for stormwater facilities to serve the Williamson Boulevard Roadway Widening Project and Taylor Woods Subdivision.  Sunglow Development has requested that as a condition of our ongoing negotiations with them that we   provide them with engineering assistance.  This assistance is intended to modify the existing stormwater permit and to therefore possibly allow for future stormwater runoff from Summertrees Plaza to be treated within the same 5.0-acre tract currently being acquired jointly by the City and County.  To that end, an engineering proposal has been requested and received from our consulting engineers, Quentin Hampton and Assoc., to complete this work for us. 


Ultimately, the County will be provided a drainage easement over this 5.0-acre tract and will be responsible to construct the necessary drainage improvements associated with the roadway widening and possibly any minor construction modifications related to this possible permit modification.  Additionally, this land has been planned to utilize and provide improved stormwater retention and discharge capabilities for the Taylor Woods drainage system.  As per prior agreement with Volusia County, the final total costs for the Sun Glow Property are to be shared as 66% Port Orange and 33% Volusia County.  The City will maintain ownership over the 5.0 acre parcel, where it may be utilized in the near future as a City park.  Funds for this additional work are to be identified by the Finance Department with the concurrence of the City Manager out of previously budgeted stormwater project funding.


Staff recommends that Council approve a work authorization to Quentin L. Hampton Associates for stormwater permitting modification to the SJRWMD Permit related to the joint use Williamson Boulevard Pond that is currently under construction for an estimated amount of $17,690 and authorizing the Mayor and City Manager to execute the associated contract documents as required.


D.                TABLED ITEMS


Item 11 -        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 7/17/07)


We are recommending this item be left on the table.


Item 12 -        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 7/17/07)


We are recommending this item be left on the table.  I plan to bring a recommendation to the City Council in September.


Item 13 -        Resolution No. 07-61 – Update of Charges and Fees Authorized by the Land Development Code (Tabled 7/24/07)


We are recommending this item be left on the table.  Wayne has met with VCARD and we should be prepared to bring a recommendation forward on August 28.





Item 14 -        Citizen Advisory Committee for MPO


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




Item 15 -        Second Reading – Ordinance No. 2007-33 – First Amendment to the Master Development Agreement for the Airport Oaks Planned Commercial Development


We recommend approval.


Item 16 -        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 (Continued to Date Certain of August 21, 2007)


Attached is the latest revisions to the staff report concerning Wal Mart. 


City Manager’s Comments:  For many years, this site has been zoned for commercial.  The staff report provides the City Council with the information related to the zoning that was in place before the City Council adopted the Land Development Code.  The City Council placed a PCD designation on the property without an executed development agreement.  The issue before City Council is: does the development proposed meet the legal requirements for approval?  The City Council cannot consider the name on the front of the store during this discussion.  That is immaterial.  The underlying land use designation allows for a commercial use at this corner and on this property.  The City Council does have to treat this property in the same fashion as it has other similar properties.    From a land use and zoning standpoint, this site is zoned commercial.  Therefore, the proposed development is appropriate for this corner.  The amount of commercial square footage allowed at Madeline and Nova has not been exceeded.  Therefore, the proposed development does not violate the Code.


Remember, a PCD is a negotiated agreement between the City and the applicant.  One of the issues in developments of this scale is the number of parking spaces.  Usually, the applicant wants more spaces while the City desires less.  Most of the time, the applicant is attempting to cram as much parking as possible into the site for that one day of the year when the parking demand is extremely high.  There is no parking issue.  Both staff and applicant are in agreement.  The second issue relates to trees and tree preservation.  This site is being raised.  Although trees are being preserved and buffers maintained and created, the City requested its standard larger diameter trees in lieu of more trees.  This creates better landscape buffers and quicker grow in of plant materials.  The City has successfully used this technique on similar size projects.  The applicant is still maintaining buffers in compliance with the City Code of Ordinances. 


The City has architectural and design standards.  Those have been complied with.  The City desires to create public space in commercial projects of this size.  The applicant has met that requirement by creating a plaza.  The City desires to create pedestrian access to commercial projects of this size. Please refer to the site plan related to pedestrian and bicycle access to this site.  The City desires that public transportation access be available to projects of this size. Nova Road is a public transportation corridor. 


Then what are the issues?  Does the technical traffic data submitted by the developer support their request?  Has the applicant adequately addressed how they plan to address the traffic issues?  I would encourage you to speak with Melissa Booker before Tuesday in order to have a full understanding of the technical aspects of the traffic report.  Also, you may want to speak with the City’s traffic consultant.  Remember we are not using Kimley Horn on this project since they are the traffic consultants for the applicant. 


A suggestion has been made to require a Nova Road crossover prior to the traffic signal on the south bound side of Nova Road.  The traffic study completed by the applicant indicates that the cross over is not justified at this time. This would allow the traffic to avoid the intersection of Madeline and Nova Road.  This is similar to the turn pattern off of Dunlawton into the existing Wal Mart.  The cost would be much higher since it would require bridging the Nova Canal or installing a large diameter box culvert.  This would require the applicant to secure a permit from FDOT.  The applicant has been unwilling to install this crossover.


Does the sidewalk and bike plan that is proposed by the applicant meet the requirements?  (There is a sidewalk on the north side of Madeline between Nova and McDonald.)  The sidewalk is very close to the edge of the pavement in this area.  Also, there is a ditch in this area.  One of the concerns relates to the increased traffic volume along Madeline without a curb or physical separation between the sidewalk and the street.  On the south side of Madeline, there is no sidewalk between Nova and McDonald.  From Jackson to McDonald, there is a drainage ditch.  If this area is to be used for sidewalks, it would require a curb as well as piping the ditch in this area.  The pipe would have to be properly sized to carry the volume of water.  On the west side of Nova, there is no sidewalk on the north side of Madeline.  There is limited to no right of way in this area.  There is good sidewalk and bike access along side Nova Road.  Jackson Street has limited ability as a bike and pedestrian access way.


In past discussions, the City Council discussed traffic calming techniques that could be installed by the applicant to encourage traffic to use Nova Road rather than using Madeline or any of the other neighborhood roads such as McDonald, Sauls, and Jackson?



Is there a security plan in place that reduces the impact of this commercial development on the adjacent neighborhoods?  You may want to speak with Chief Monahan about this item before Tuesday’s meeting.  It is my understanding that they have had discussion with the applicant.


At the last meeting, the applicant provided data related to the drainage issues.  They did not model the entire drainage basin.  However, it was their engineer’s opinion that there would not be any impact on the surrounding area because of their development.  They offered to pay for a tidal gate to be installed on the off fall pipe that comes out of Sugar Forest to keep the Nova Canal from backing up into their neighborhoods.  This would be installed south of their development.  It would be the City’s responsibility to maintain this device.


The final issue that has recently come up is the use of potable water for irrigation purposes.  The applicant will have to amend their permits in order to use potable water for irrigation.  From a City standpoint, this is not the best use of potable drinking water.  I provided a letter to the applicant stating that I could not recommend that potable water be used for irrigation purposes, even during the grow in period. I suggested that they consider other water sources, such as stormwater ponds to meet their irrigation needs.  Hopefully, we will have an opportunity to meet with them prior to Tuesday evening to work on alternative sites that can potentially be developed as their primary water source.  It is important that we preserve our potable water for drinking purposes rather than for irrigation purposes.  Currently, there is no prohibition for using drinking water for irrigation.  From a revenue side, it is a good source of money.  However, from a conservation side, it is a poor use of resource.  The applicant will have to revise their potable water permit application. 


Public Utilities has indicated that the lines may have to be designed in order to produce the volume of water that is needed for this project.  They have not reviewed whether the lines are sized correctly or whether the mains to this site are adequate in size to meet the water demand.  That is an issue that has come up since our last review.


All of the above issues are technical issues and not related to the actual use or zoning.  I still have some concerns about the stormwater issue.  However, that pales in comparison with the use of potable water for irrigation in its long term impact on the City of Port Orange.  You have to make a decision about whether you want to commit an equivalent of several hundred homes to this one project.  I would not recommend you do that.  The applicant needs to find another source of water for irrigation.


Item 17 -        Final Site Development Plan/Wal-Mart NE Corner of Madeline Avenue and Nova Road


This is a request to approve the Final Site Plan for Wal-Mart.


Planning Commission Action:   Recommended approval, 7-0 (unanimous), of the Final Site Plan for Wal-Mart, subject to the following:

1.      Resolution of all outstanding technical comments, including revisions to plans and other submittal documents as may be required;

2.      Construction of the directional left-turn lane across the Nova Canal for south-bound traffic; and

3.      City Council approval of the PCD, as may be further revised.


Please find enclosed for review the original site plan staff report, dated January 18, 2007, and an update memorandum, dated August 10, 2007.


Staff Recommendation:   Staff recommends that Council approve the Final Site Plan for Wal-Mart, as recommended by the Planning Commission.


City Manager’s Comments:  Do not take action on the site plan on Tuesday night.  That needs to occur concurrent with the second reading of Ordinance 2007-18.  The City Council asked that both the PCD Ordinance and the site plan be brought together so that the City Council could see them together.  It is appropriate that the site development plan be reviewed by the City Council so that you have a total and complete view of the development.  If you have questions, I would recommend that you speak with staff before Tuesday.


Item 18 -        Resolution No. 07-68 - Comprehensive Plan Amendment – School Concurrency


Included are text amendments to the Future Land Use Element, Intergovernmental Coordination Element, the Capital Improvements Element, and the creation of the new Public School Facilities Element.  If approved, the subject amendments will strengthen the link between land use decisions and public school facility planning, as now required of all local governments by the State of Florida.  Pursuant to Chapter 163.3177(12)(i), F.S., the subject amendments do not count toward the twice per year limitation of adoption of Comprehensive Plan amendments.


Planning Commission Recommendation:      The Planning Commission recommends approval 7-0 to transmit the School Concurrency Related comprehensive Plan Amendments to the Florida Department of Community Affairs and other review agencies.


Staff Recommendation:   Staff recommends approval.


Item 19 -        Resolution No. 07-69 - First Amendment to the Interlocal Agreement for Public School Facilities Planning


Several meetings have been held with School District staff and all local governments over the past several months to establish the First Amendment to the Interlocal Agreement for Public School Facility Planning (ILA).  The ILA is a pre-requisite to amending the Comprehensive Plan to establish the new mandatory public school facilities element.  The School Board adopted the ILA on May 22, 2007.  Volusia County Council adopted the ILA on May 24, 2007.  The interlocal provides for:



The subject ILA is attached to the previous item regarding the school concurrency related Comprehensive Plan amendments as Exhibit B.


Staff recommends that Council adopt the attached resolution approving the First Amendment to the Interlocal Agreement for Public School Facilities Planning.


G.                ADMINISTRATION


Item 20 -        Resolution No. 07-70 - Volusia County Manatee Conservation Fund Grant


With the approval of the City’s Manatee Protection Plan and Memorandum of Understanding, Port Orange is now eligible to participate in Volusia County’s Manatee Conservation Fund Grant program.  The program’s focus is “on-the-water” law enforcement efforts such as overtime salaries for on-water law enforcement officers, boats, GPS units for boats or other types of similar equipment, fuel for boats, laser radar guns, and computers for tracking citations.   Port Orange is eligible for $3,379.65, which is based on an equation that factors in the length of river shoreline. 


The City requests $3,379.65 from the Manatee Conservation Fund.  There is no match requirement and the funds are scheduled to be distributed in November.


Staff recommends that Council approve the attached resolution authorizing the City Manager to submit a Volusia County Manatee Conservation grant application to fund overtime for Police Officers that enforce the City’s Manatee Protection Plan.  In addition, authorize the Mayor and City Manager to execute any agreements or contracts.


Item 21 -        Amendment to Early Retirement Options


The current Early Retirement/Separation Program is open to any employee 55 years of age or older.  This amendment will change the eligibility factor to 55 years of age or older with five (5) years or more of continuous service with the City at the time of Early Retirement/Separation.  Staff recommends that Council amend the Early Retirement/Separation Program qualifications from 55 years of age or older to 55 years of age or older with a minimum of five (5) years of service at the time of Early Retirement/Separation.


H.                 COUNCIL COMMENTS


Item 22 -        Comments/Concerns from Council Members


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