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

November 6, 2007

 

Date:               October 29, 2007

 

 

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 -           Approval of Minutes

 

Attached are the minutes of the following meetings:  Regular City Council Meeting of September 4, 2007; Special City Council Meeting of September 6, 2007; Regular City Council Meeting of September 18, 2007; Regular City Council Meeting of September 25, 2007; and the Regular City Council Meeting of October 2, 2007.  Staff recommends approval.

 

Item 5 -           Update on Construction Projects

 

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

 

Item 6 -           Update on Recreational Facilities

 

Attached is the report from Parks and Recreation.  If you have questions, please contact either Susan Lovallo or me.

 

Item 7 -           City Attorney’s Report

 

Attached is the City Attorney’s Report.  If you have questions, please contact either Margaret Roberts or me.

 

Item 8 -           Road Construction Report

 

Attached is the report from Public Works.  If you have questions, please contact either Warren Pike or me.

           

Item 9 -           Minor Special Event Request – Lowe’s Home Center

 

We have received a Minor Special event request from Rob Gross, Manager of Lowe’s Home Center, located at 1751 Dunlawton Avenue, to erect a tent for their Christmas Tree Sale in the parking lot.  The requested dates for the sale are November 17, 2007 through December 30, 2007, for a total of forty-three (43) days.  The requested times are to be the same as the present store hours.  This is the first event requested for this property in 2007.  Please note that this request qualifies as a Minor Special Event but needs City Council approval due to the requested length of time for the event.

 

Staff recommends that Council approve the Special Event request for Lowe’s Christmas Tree Sale at 1751 Dunlawton Avenue, subject to twelve (12) conditions outlined in the attached staff report.

 

 

Item 10 -        Special Event Request – Port Orange/South Daytona Rotary Club

 

The Port Orange/South Daytona Rotary Club is requesting a Special Event permit to present their annual Christmas tree sale.  The requested dates for the sale are November 21, through December 26, 2007 for a total of thirty-six (36) days.  The requested times for the sale are from 8:00 a.m. until 10:00 p.m., daily.  The sale is proposed for the grassy area between K-Mart and Dunlawton Avenue at the Dunlawton Square Shopping Center.  One double-sided 4’ x 8’ sign has also been requested for the event and an application has been submitted.  This is the 4th event requested for the K-Mart property in 2007 and their total amount of Special Event days will be consumed with this event.  Please note that this request qualifies as a Minor Special Event but needs City Council approval due to the requested length of time for the event.

 

Staff recommends that Council approve the Special Event request for The Port Orange/South Daytona Rotary Club to be held at K-Mart in the Dunlawton Square Shopping Center, subject to fourteen (14) conditions outlined in the attached staff report.

 

Item 11 -        Addendum No. 69 to Engineering Services Contract with Quentin L. Hampton Associates, Inc.

 

 

This addendum authorizes the firm of QLH to perform engineering design and construction phase services necessary for enclosing the Garnsey Water Treatment Plant Filters. This work is required in accordance with FAC 62-555.320(12b) regarding disinfection requirements for open air tanks.  For Port Orange, this will require retrofitting coverings of virtually the entire open air sections of the water treatment plant to address the possibility of birds defecating while passing over the plant, thereby contaminating the drinking water.  The requirement becomes effective January 1, 2008 and it is our current understanding that 1 year will be allowed for compliance.  The cost of engineering services is estimated at approximately $120,000.  Funding is available in Water Plant Improvements WWP003.

 

Staff recommends that Council approve Contract Addendum No. 69 with the firm of Quentin L. Hampton Associates (QLH) pertaining to engineering services, and authorize the Mayor and City Manager to execute the associated contract documents.

 

City Manager’s Comments:  This is a requirement that is being imposed on public water supplies. 

 

Item 12 -        Reinstatement of Time Request – Tyler M. Parks

 

Civil Service Policy 5.11, Reinstatement and Re-employment, allows employees to request previous time with the City be reinstated provided they were re-employed with the City no longer than one year from their separation.  If approved, previous years of service are credited toward annual leave accruals, but are excluded from retirement benefit calculations. Mr. Parks is already accruing annual leave and sick leave benefits at their maximum rate, so no change would be made.

 

Mr. Parks was originally employed with the City of Port Orange on October 14, 1975 as a Dispatcher.  On April 13, 1980 he resigned his full-time status as a Communications Supervisor and continued employment with the City as a part-time Police Officer.  On June 13, 1980 he resigned fully from the City.  Mr. Parks was re-employed on a part-time basis on November 24, 1980 and on a full-time basis as a Dispatcher on January 5, 1981.

 

Mr. Parks has requested that his time of service be calculated back to his initial hire date of October 14, 1975.  A review of his file confirms that he was separated from the City for less than 12 months and is making the request following at least two years of subsequent continuous service.

 

Staff recommends reinstatement of Tyler M. Parks’ previous years of service with the City of Port Orange in accordance with Civil Service Policy 5.11.

 

City Manager Comments:  This will not impact his salary, his benefits, his retirement, his vacation leave accrual, or his sick leave accrual.  Tyler has entered into the Police Pension Plan Drop Program and, therefore, this change will not increase his monthly pension payment.   The only impact this has on the City is to allow Tyler’s record to reflect that he has been an employee of the City of Port Orange since 1975 instead of 1980.   Because it has no financial impact on the City of Port Orange either directly or indirectly, I am recommending that the City Council re-instate Tyler M. Parks’ previous years of service in accordance with Civil Service Policy 5.11.

 

D.                TABLED ITEMS

 

Item 13 -        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) (Re-tabled 10/16/07)

 

I am recommending this item remain on the table.

 

E.        BOARDS AND COMMISSION

 

Item 14 -        Report from Environmental Advisory Board

 

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

 

F.         COMMUNITY DEVELOPMENT

 

Item 15 -        First Reading – Ordinance No. 2007-55 - Small Scale Land Use Amendment – Russell Property Park Site

 

This is a request to approve the attached ordinance amending the Future Land Use Map of the City of Port Orange Comprehensive Plan Update ’89 for property located at 6060 Deer Feed Trail, as recommended by the Planning Commission.  The purpose of the proposed map amendment is to change the future land use designation of approximately 10 acres from Suburban Residential (2-4 units/acre) to Conservation. If approved, the City intends to use the property as a park site and natural conservation area.

 

Planning Commission Recommendation:      At its September 27, 2007 meeting, the Planning Commission recommended approval 7-0 of an amendment to the Future Land Use Map of the City of Port Orange Comprehensive Plan Update – ’98.

 

Staff Recommendation:   Staff recommends approval.

 

Second Reading:   Second Reading will occur when the City receives a certification from the Volusia County Growth Management Commission.           

 

G.                PUBLIC WORKS

 

Item 16 -        Resolution No. 07-109 - CPI Rate Increase – Veolia Environmental Services

 

As allowed by contract, Veolia Environmental Services has requested a CPI rate adjustment to their waste collection contract.  The rate adjustment is equal to 75% of the change in the cost of doing business as measured by fluctuations in the Consumer Price Index, Southeast Florida Urban Consumers, published by the U. S. Department of Labor, Bureau of Labor Statistics, for the preceding 12 month contract period.  As show on the sheet attached, the rate adjustment is 2.2588%.  This rate adjustment is applied to the cost of collection only, and the new rates will be effective October 1, 2007.

 

Staff recommends approval of the attached resolution granting a CPI rate adjustment to the cost of collection under the waste collection contract with Veolia Environmental Services.

 

City Manager’s Comments:  You have made the monthly fee adjustment to the customer. This is the fee adjustment to the hauler.  This is per the contract.

 

In the upcoming City Newsletter, we are encouraging citizens to contact us when the contractor does not perform so that we can ascertain whether they are meeting their service requirements.  We are looking at ways to allow citizens to use multiple ways to contact us about service issues including computer access that will automatically notify Veoila and contacts the city at the same time.  We have looked at one that has been developed by Redman and Associates that a number of cities are using.  Its cost is relatively inexpensive. 

 

H.                 PARKS AND RECREATION

 

Item 17 -        Approval of the Port Orange Soccer Club’s Request to Pay for Maintenance and Repairs of the Southwinds Soccer Fields in Lieu of Rental Fee

 

Staff has received a request from the Port Orange Soccer Club for credit against paying the rental fee of $3,000 for use of the Southwinds soccer fields because of the maintenance and repairs paid for by the club that came to $4,781.35 (paperwork attached). Staff recommends approval.

 

City Manager Comments:  The City Council passed a fee schedule for use of the City’s facilities.  The Port Orange Soccer Club has donated $4,781.35 in maintenance and repairs to enhance the Southwinds facility.  I am recommending to the City Council that the Port Orange Soccer Club’s donation at Southwinds be accepted in lieu of payment of the rental fee.  The Club has been a good partner with the City.  They have helped maintain the fields and have replanted grass at the facility to enhance the playing surface.  The surface at Southwinds is difficult to maintain because of the sandy condition of the fields.  Therefore, the Soccer Club has been willing to perform the additional maintenance on the fields in order to keep them in playable condition.  This approval is contingent upon the Port Orange Soccer Club providing proof of payment.

 

Item 18 -        Request for City to Co-Sponsor and Waive the Fees for the Annual Wood Carving Show of the Friends Carving Club of Port Orange

 

The Friends Carving Club of Port Orange has requested the City to co-sponsor and waive fees in the amount of $451.63 which covers rental and staff fees for their annual Wood Carving show of the Friends Carving Club of Port Orange to be held January 26, 2008, as well as for the shows in 2009 and 2010.  Staff recommends Council approval to co-sponsor and waive the $451.63 rental fees for the use of the Port Orange gymnasium for the annual Wood Carving Show of the Friends Carving Club of Port Orange to be held January 26, 2008, and to approve the shows for 2009 and 2010.

 

City Manager Comments:  This has been a very good event at City Center each year.  The City has allowed the facilities to be used at no cost to the club.  However, in order to be consistent, I must recommend that a fee be charged to this group.

 

Item 19 -        Request from the Port Orange YMCA for the City to Co-Sponsor the Annual healthy Heart Run Event

 

The City has received a request from the Port Orange YMCA to co-sponsor their annual Healthy Heart Run to take place on Saturday, February 23, 2008, as well as the events for 2009 and 2010.  the YMCA will publicize the events by including the City’s participation in their promotional items, including t-shirts, banners, and registration materials.  The YMCA is asking the City to serve as a sponsor to schedule police officers, road closings, safety, security, and to offer the City the opportunity for City personnel to sit on or head up a planning committee.  This is a fund raising event to create scholarships that benefit the children, adults, and families in the Port Orange area.

 

Staff recommends that Council approve the City’s co-sponsorship of the Port Orange YMCA’s annual Healthy Heart Run Event, waiving all fees in the amount of $784.22, which will be held on February 23, 2008, as well as the events to be held in 2009 and 2010.

 

City Manager Comments:  The City has partnered with the Y for a number of years in this event.  The City Council has waived the fees for this event.  The City would be noted as a sponsor of the event.  The t-shirts, banners and all the registration materials would indicate the City is one of the event sponsors.  This is a fund raising activity for the Y.  In order to be consistent, I must recommend the City charge a fee for City services provided.  The City Council does have the option of stating that the in-kind publicity is equal in value to the fees.  However, there are other groups that will make the same request.

 

I.                     ADMINISTRATION

 

Item 20 -        Resolution No. 07-110 - Volusia ECHO Grant (All Children’s Park Playground)

 

Some twenty years ago, the community came together to install the wooden playground that exists today at All Children’s Park.  Over the years the wood has degraded. The City plans to submit a Volusia ECHO grant application for funding assistance to install new Playground equipment at All Children’s Park.

  

The City requests $100,000.00 (50%) from the ECHO program and the City will provide a 50% match of $100,000.00.  The City’s match derives from carryovers in 001-4400-572-6300.

 

Staff recommends that Council approve the attached resolution authorizing the City Manager to submit a Volusia ECHO Grant application to install Playground equipment at All Children’s Park.  In addition, authorize the Mayor and City Manager to execute any agreements or contracts and provide a match.

 

Item 21 -        Resolution No. 07-111 - Volusia ECHO Grant (Acquisition of Land for Spruce Creek Road Park)

 

Last year, the City Council applied for funding under the Volusia Forever to assist the City in acquiring land in the Cambridge area that would help expand the Spruce Creek Road Park.  Although we received a majority vote of the committee, the City did not receive the super majority to move this project forward and on to the priority list.  We were advised that the City should apply for funding through the ECHO program.  They, too, have the ability to assist in the acquisition of land.  The City would be asking for assistance in the amount of up to $400,000 to help acquire homes in the Dawnview area.  These properties are located immediately adjacent to the Spruce Creek Road Park.  The City has received grant money from the FEMA and the State of Florida to acquire homes in this area.  We believe it is appropriate that these properties be added to the Spruce Creek Road Park. 

 

City Manager Comments:  As many of you know, the Cambridge Canal is a County canal. Both Mayor Green and I have spoken to both County Council and County staff about the County making a contribution toward the improvements in this area.  They have indicated that they have limited funds.  That is why we have pursued funds that are specifically dedicated to preservation and expansion of recreational opportunities.  It may behoove the City to combine the application into one application rather than submitting two.  We would like the flexibility to do this.

 

Item 22 -        Resolution No. 07-112  - ICI – 441 Acres

 

The City of Port Orange has been the lead in attempting to acquire the Stanaki property located east of Interstate 95.  The City Council authorized a grant application to be submitted to both the State of Florida FCT and to Volusia County.  We have had discussions with St. Johns River Water Management District.  They, too, have indicated that they are willing to be a partner with the City of Port Orange in acquiring the property.  Attached is a contract for the acquisition of the property.  The contract would be contingent upon the City being able to obtain funding from FCT, Volusia County, and the St. Johns River Water Management District or some combination of funding that will make this property affordable to all parties.  The purchase price does include certain items.  When we began discussions with ICI about acquiring the property, they wanted a per acre amount and then for the City to provide mitigation credits for wetlands and for gopher tortoises on this property.  However, this was a potential stumbling block for the grant agencies.  We were able to overcome this by including funds in the contract that will allow ICI to acquire credits from a mitigation bank.  There is language included in the contract that will allow them to acquire credits from the City of Port Orange’s Mitigation Bank.  We will have to amend our Resolution to allow some of the State Credits to be moved from those reserved for City projects and make those credits available to the private sector.  Also, this would be contingent upon the Corps of Engineers issuing their approval for our Federal Mitigation Bank.  Finally, there will need to be a contingency included that states that we will have to seek approval to expand our gopher tortoise mitigation bank.  If the credits are to be acquired from the City’s bank, then the fees will be paid in accordance with the City Council approved schedule. 

 

The contract calls for a closing date of December 15.  This does mean the City Council will need to do a bridge bond financing in order to close the transaction by December 15.  We believe this is good for the entire community.  It will allow the land to be preserved for the future and used by the public.  If we are able to close on this land transaction, it will meet one of the objectives the City Council stated as their preference, preserve land located east of Interstate 95 as open space. 

 

Staff recommends that Council authorize the Mayor and City Manager to enter into a contract to acquire a 441 acre tract of the Stanaki property located east of I-95, south of Spruce Creek, north of Pioneer Trail, contingent upon the final sale of bonds, grants from Florida Community Trust, Volusia County, and St. Johns River Water Management District, and to approve a resolution transferring mitigation credits reserved for City projects and making them available to the private sector, approval of our Corps of Engineers Wetland Mitigation Bank, and expansion of our Gopher Tortoise Bank.

 

City Manager Comments:  I want to express my appreciation to the City Attorney for the excellent job she did in drafting this document and working with ICI’s attorney and staff.  The agreement works for both the City and for the property owner.

 

Item 23 -        Resolution No. 07-113  - ICI – 40 Acres

 

There are two parcels of land in the Stanaki transaction.  The first is the land located immediately adjacent to the Spruce Creek Preserve.  This is the 441 acre parcel.  The second is the parcel of land located immediately adjacent to and north of Pioneer Trail.  The City would have the option of including this 40 acre parcel in the preserve or retaining ownership of the parcel.   I am recommending the City take title to this 40 acre parcel in the City’s name and retain ownership of the parcel.  By controlling this property, the City can make a determination in the future of appropriate use.  Should an interchange become necessary, the land would already be in public hands.  In 2004, the City Council included money in the bond issue to acquire this 40 acre parcel.  That is how long we have been in discussion about acquiring land in this area.

 

The City has been negotiating with the current owner of the Stanaki PUD.  This property, if acquired, would become part of the Spruce Creek Preserve.  The contract provides for the acquisition of 40 acres of property.  Additionally, the acquisition price includes funds so that the developer can purchase Corps of Engineers Wetland Mitigation credits, State Wetland Mitigation credits, and Gopher Tortoise relocation sites.  The current owner would have the right to purchase these credits from the City’s bank or from another.  The mitigation will be used for the development on the west side.  The contract is contingent upon the City receiving grant funds from several agencies as well as certain technical items related to the City’s mitigation bank.  Staff recommends approval.

 

Staff recommends that Council authorize the Mayor and City Manager to enter into a contract to acquire a 40 acre tract of the Stanaki property located east of I-95, south of Spruce Creek, north of Pioneer Trail, contingent upon the final sale of bonds, grants from Florida Community Trust, Volusia County, and St. Johns River Water Management District, and to approve a resolution transferring mitigation credits reserved for City projects and making them available to the private sector, approval of our Corps of Engineers Wetland Mitigation Bank, and expansion of our Gopher Tortoise Bank.

 

J.                  COUNCIL COMMENTS

 

Item 24 -        Comments/Concerns from Council Members

 

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

 

 

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