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

                        December 4, 2007

 

Date:               November 26, 2007

 

 

A.                 OPENING

Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Swearing-In Ceremony

Item 4 -           Roll Call

Item 5 -           Election of Vice Mayor

Item 6 -           Order of Business

Attached is a memorandum you may want to consider.  The Planning Commission moved its meetings from 7:00 p.m. to 5:00 p.m. sometime ago.  Does the City Council desire to move its meetings to an earlier time, say 5:30 p.m.?  The memorandum does suggest that Public Hearings be held after 6:00 p.m. in the evening.  Also, it provides for two Citizen Participation (Non-Agenda) opportunities, one at the beginning of the meeting and the other at the end of the meeting.  If you move to an earlier time, I would propose to change the Agenda format.  However, it you desire to continue meeting at the same time, I would recommend we continue with the same agenda format that we are currently using.

 

A second suggestion is that workshops be held on the second Tuesday instead of squeezing them into the period in front of the meeting.  This would give the City Council additional time to discuss each item in more detail rather than hurrying through the workshop. 

 

A third option is to meet twice per month to consider regular Agenda items and then meet once per month in workshop session.  Because the City Council would be considering additional items during the two meetings, I would suggest a starting time of 6:30 p.m. or earlier if this option is selected.  I would suggest that all workshop sessions begin at 5 p.m.

 

The status quo is to continue to meet 3 times per month with all regular meetings starting at 7 p.m.   Workshop meetings would start between 5:00 p.m. and 6:00 p.m. (the subject matter would determine the length of the workshop and, therefore, the starting time) before each of the regular meetings. That is the way we have been conducting meetings for the past 4 years.

 

Item 7 -           Appointments to Council Committees

 

As part of the Council’s organizational meeting, the City Council needs to appoint members to various Council Committees.  Below is the listing of Council Committees and who is currently serving on those Committees:

 

            VCOG – Mayor Green

            MPO – Vice Mayor Martin; Mayor Green – alternate

            WAV – Councilman Steindoerfer; Mayor Green – alternate

            YMCA – Councilman Pohlmann

            Library Advisory Board – Councilman Kennedy

            Police Pension Board of Trustees – Councilman Kennedy

            Fire Pension Board of Trustees – Councilman Pohlmann

            Chamber of Commerce – Mayor Green

            Investment Committee – Councilman Steindoerfer

            Volusia League of Cities – Mayor Green

            ArtHaus – Councilman Steindoerfer

 

B.                 SPECIAL REPORT

 

Item 8 -           Presentation of Annual Investment Performance by Public Financial Management, Inc.

 

For the past few years, the City’s investment portfolio has been managed by Public Financial Management, Inc. (PFM).  At the conclusion of each year, PFM presents an annual investment performance review to the City Council.  PFM outlines investment earnings for the year, comparable indexes, and an overall performance evaluation.  Representatives from PFM will present the report to the City Council.

 

City Manager’s Comments:  PFM has done an extremely good job this year for the City.  The rate of return on the City’s investment has bettered the benchmark used to measure PFM’s performance.  As you know, we withdrew our monies from the State Board recently because the investments in their portfolio were not consistent with the City’s investment policy.  Although the State Board is an approved investment option for the City under our investment policy, we did examine the underlying investments where SBA had placed the money.  Recently, SBA has received bad press because of the risk involved in its investments. 

 

Our Bond Financial Advisor, Toby Wagner, and PFM, reviewed the underlying investments in SBA.  It was their recommendation to the Investment Committee that we move our funds to a more secure investment consistent with the City’s investment guidelines.  Although our funds are invested currently in short term investments that meet our guidelines, we are looking to reinvest the funds into securities that meet our investment guidelines.

 

For the City Council’s information, what called our attention to the potential problem at SBA was that their rate of return was considerably higher than the market conditions dictated; therefore, it caused us to examine the underlying investments.  Generally, the higher the risk, the higher the rate of return. 

 

Our investments are in highly rated securities and commercial paper.  I am more comfortable with that approach even if we have to give up a little on the rate of return side.  We always look for the highest rates with the lowest risk since we do not want to place either principle or interest at risk.

 

C.                SPECIAL RECOGNITION AND PROCLAMATION

 

Item 9 -           Recognition of Student Government Day Participants

 

At this time, the students who participated in Student Government Day will be recognized by Council.

 

City Manager’s Comments:  This Friday, November 30, is Student Government Day for Atlantic High School students.

 

D.                CITIZEN PARTICIPATION

E.                 CONSENT AGENDA

 

Item 10 -        Approval of Minutes

 

Attached are the minutes of the following meetings:

 

                        October 16, 2007 – Regular City Council Meeting

                        October 23, 2007 – Special City Council Meeting

                        October 23, 2007 – Regular City Council Meeting

                        October 30, 2007 – Special City Council Meeting

 

Staff recommends approval.

 

Item 11 -        Update on Construction Projects

 

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

 

Item 12 -        Update on Recreational Facilities

 

Attached is the Recreational Facilities report.  If you have questions, please contact Susan Lovallo or me.

 

Item 13 -        Road Construction Report

 

Attached is the Road Construction Report.  If you have questions, please contact Warren Pike or me.

 

Item 14 -        Purchase of Tactical and Training Equipment through Edward Byrne Memorial Justice Assistance Grant

 

The Port Orange Police Department has been awarded grant funds from the U.S. Department of Justice, Edward Byrne Memorial Justice Assistance Grant Program, in the amount of $10,000.  These funds will be utilized to purchase twelve tactical headset communication systems and a “FATS” training DVD that will allow for realistic training of personnel while using the communication headsets.

 

Twelve Tactical Headset Communication Devices - $675 each -          $  8,100.00

One Undercover Patrol and ERT Training DVD - $2,500 each -            $  2,500.00

            Total                                                                                                    $10,600.00

 

Funding Source:

Account No. 001-3200-521-6422 – Grant Capital                                    $10,000.00

Account No. 607-3200-521-5200 – Police Forfeiture Trust                    $     600.00

 

Staff recommends that Council approve acceptance of grant funds from the U.S. Department of Justice, Edward Byrne Memorial Justice Assistance Grant Program, in the amount of $10,600 for the purchase of tactical and training equipment.

 

Item 15 -        IBM Annual Maintenance Agreement

 

Information Technology purchased an annual hardware and software maintenance contract from IBM with additional discounts below Florida State contract pricing.  Maintenance on the equipment is billed annually and when due in October beginning each fiscal year.  Hardware maintenance and upgrades are on the IBM equipment such as both AS/400’s, peripheral devices, and PC’s.  The on-site maintenance provides for IBM to repair the equipment at our location and save us time by not having to locate vendors to fix machines when needed.  The software maintenance is used to connect AS/400 operating procedures and helps us when programs fail.  The amount due is $31,305 and has been allocated in Account No. 501-0700-590-4610.  Staff recommends that the annual IBM Maintenance agreement be renewed for FY-08 in the amount of $31,305.

 

Item 16 -        HTE Annual Software and Technical Support Maintenance Agreement

 

This is the annual software and technical support maintenance agreement we purchase from HTE so that we can continue to receive their support and any new enhancements they may make to our eleven AS/400 software applications.  Each application is budgeted in Account No. 501-0700-590-4636.  HTE’s billing cycle varies for each application throughout the fiscal year and exceeds the $25,000 authority limit.  The agreement supports the current City and archived Public Safety system operations.  Staff recommends that Council authorize the purchase of the Annual Software and Technical Support Maintenance from HTE at a cost of $96,700 for FY-08.

 

Item 17 -        Purchase of Replacement Lift Stations from Sanders Company

 

A portion of the continuing maintenance program for the Public Utilities Department is the regular replacement of sewage lift stations.  We currently have over 100 lift stations to maintain in our utility system.  We have recently identified two existing lift stations, Intracoastal Villas (No. 70) and Shallowbrook (No. 73) that have exceeded their useful life of approximately 25 years and require replacement by the City’s utility maintenance crews. 

 

These highly reliable and easily maintained lift stations have been the City standard for over 30 years.  The City currently has a five year agreement with Sanders Company which sets contract prices for Smith and Loveless lift stations and includes an escalation factor controlled by a Federal Producer Price Index Number for this type of equipment.  This agreement has allowed us to control costs over the past ten years.  A price quote has recently been provided based on this existing agreement.  Funds are currently available in the R & R Lift Station Project, No. SLS002.

 

Staff recommends that Council authorize the purchase of two replacement Smith and Loveless lift stations and to approve the purchase order to Sanders Company, Inc., their local supplier for the total purchase price of $55,709 per our existing long term pricing agreement.

 

Item 18 -        Extension of Service Agreement with Stewarts’ Electric Motor Works

 

The City currently has a service agreement with Stewarts Electric Motor Works for the service and repair of electric motors through a piggyback of the City of Orlando contract BI05-2115. Within this contract is the provision for two 12-month extensions of the contract.  The City of Orlando has extended the current contract for one year under this provision.  Stewarts has agreed to extend the piggyback to Port Orange under the same contract terms.  The extension will run through December 22, 2008. 

 

Staff recommends approval of the one year extension of the current service agreement with Stewarts Electric Motor Works and re-validation of Stewarts as a sole source vendor for the repair of electric motors under this contract.

 

Item 19 -        Extension of Wrecker Service Agreement

 

A bid was solicited and awarded for the City’s annual wrecker services franchise agreement to A&A Automotive.  In that contract, there is an option for extension if mutually agreeable.  Staff and A&A have both agreed to extend that contract.  Staff recommends that Council approve this extension under the same prices, terms, and conditions as in the original contract.

 

Item 20 -        Award of Building Plans Review and Inspection Contracts to Universal Engineering and GFA International

 

At a previous meeting, the Council approved the final ranking for RFSQ 07-11, Building Plans Review and Inspection Services, with Universal Engineering first and GFA International second.  At that time, the Council authorized staff to negotiate contracts with these two firms.  Staff recommends that Council award these contracts.

 

City Manager’s Comments:  These contractors will be used only when situations dictate and the need for special services is required.

 

F.                 TABLED ITEMS

 

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 Setbacks and Requirements for Sunrooms (Tabled 7/17/07) (Re-Tabled 10/16/07)

 

This item will be brought forward on second reading at the December 11 meeting.

 

G.                BOARDS AND COMMISSION

 

Item 22 -        Report from Advisory Board

 

a.                  Environmental Advisory Board

 

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

 

 

H.                 FINANCE

 

Item 23 -        Resolution No. 07-118  - Budget Appropriations

 

The City authorized acceptance of a joint participation agreement from the Florida Department of Transportation for the construction of the I-95/Dunlawton Interchange.  Also, staff has reviewed the budget performance for the fiscal year ending September 30, 2007.  The attached resolution appropriates funds for this grant and other operating and capital projects.  Staff recommends approval.

 

Item 24 -        Resolution No. 07-119 - Budget Appropriations – Budget Encumbrance and Project Carryovers

 

At the City’s fiscal year ending September 30, 2007, budget appropriations lapse.  The attached resolution re-establishes these appropriations for funding the open purchase orders and projects that were either not completed or started by the fiscal year end.  These carryover appropriations re-establish proper budget project funding and budgetary alignment of projects.  The operating funds have the required 15% equity balances after appropriation of this resolution.  Staff recommends approval of the attached resolution.

 

 

I.                     COMMUNITY DEVELOPMENT

 

Item 25 -        Second Reading – Ordinance No. 2007-19 – Rezoning and Approving a Master Development Agreement and Conceptual Development Plan – The Altamira Shopping Village Planned Commercial Development (PCD) (Continued to Date Certain of December 4, 2007)

 

It is requested that this item be continued to December 11, 2007.

 

Item 26 -        Second Reading – Ordinance No. 2007-34 – Rezoning 0.89 Acres from PUD to PCD and Approving the Master Development Agreement and Conceptual Development Plan – Summer Trees Plaza PCD

 

We recommend approval.

 

Item 27 -        First Reading – Ordinance No. 2007-59 - Annexation – Mike Amendolagine

 

This is a request to annex approximately 4.36 acres of land located at the northeast corner of South Williamson Boulevard and Willow Run Boulevard.  If the annexation request is approved, the owner is proposing to develop a 3,000 SF convenience store with fuel pumps and a 4,800 SF office/retail building.  This will be the first of several applications submitted, including a future land use amendment, rezoning, and site development plan.

 

Staff recommends approval of the request to annex approximately 4.36 acres of land located at the northeaster corner of South Williamson Boulevard and Willow Run Boulevard.

 

Second Reading:   January 8, 2008

 

Item 28 -        First Reading- Ordinance No. 2007-60 - Capital Improvements Element Annual Update

 

Each year, local governments must update their Capital Improvements Element (CIE) including the Five Year Schedule of Capital Improvements (Schedule).  The purpose of the CIE and the schedule is to identify the Capital Improvements that are needed to implement the Comprehensive Plan and ensure that the adopted level of service standards are achieved and maintained for concurrently-related facilities.  Statutory changes adopted in the 2005 Growth Management Legislation include new provisions pertaining to the CIE.  One of these new provisions requires that the Volusia County School District Five Year Work Program be included in the City’s CIE this year.  Another new provision requires a summary of de minimus transportation records to be submitted to the Department of Community Affairs each year with the annual CIE update.  The staff report and amendments to the CIE are attached for review.

 

Please note that the second reading of this ordinance will be held on December 11, 2007.

 

Planning Commission Recommendation:      At the November 15, 2007, meeting, the Planning Commission recommended approval 5-0 (Commissioner Lasky excused; one position vacant) to adopt the 2007 Capital Improvements Element Annual Update and transmit to the Florida Department of Community Affairs for their compliance review.

 

Staff Recommendation:   Staff recommends approval.

 

Second Reading:   December 11, 2007

 

 

J.                  PUBLIC SAFETY

 

Item 29 -        Resolution No. 07-120 - Traffic Enforcement Agreement – Sanctuary on Spruce Creek Homeowners Association, Inc.

 

The City of Port Orange and the Sanctuary on Spruce Creek Homeowners Association entered into a Traffic Enforcement Agreement on September 26, 2006.  The Agreement may be renewed for successive periods not to exceed two (2) years each upon mutual agreement of the City Council and the Association.

 

The Sanctuary on Spruce Creek Homeowners Association Board of Directors has agreed to request a one year extension of the agreement expiring on September 30, 2008.

 

Staff recommends that Council approve the attached resolution authorizing approval of a one year extension of the Traffic Enforcement Agreement with the Sanctuary on Spruce Creek Homeowners Association Inc. and authorizing the Mayor and City Manager to execute the agreement.

 

 

K.                 ADMINISTRATION

 

City Manager’s Comment:  Items 30-36 are resolutions of intent, not resolutions of authorization.  Under Florida Law, the City Council has to notify the Property Appraiser of the potential that the City could levy a special assessment or fee and collect the fee or assessment on the property tax bill.  This notification has to be done prior to December 31.  I am recommending the City Council reserve its right to collect assessments and fees on the tax bill should the Council decide to do so during the upcoming year.  Last year, we reserved the right to do so but did not actually implement any new assessments or fees to be collected in this fashion.

 

It is my intent to workshop the Fire Service Fee in January.  As for the canal project, we are simply reserving the City’s right should it be determined that this project is eligible for special assessment.  Our special counsel has stated that unless there is a direct property connection to the seawall, we may not be able to use special assessment for the B-23.  Shannon is working to determine ownership of the seawall and the canal.  It is clear that the City does not own the canal since it was deeded to the City by Volusia County when it was annexed to the City.  It may not belong to Volusia County either.  It requires us to do legal research to determine who owns the canal and the seawalls. Last year, the City reserved the right to use special assessment for Yorktowne.  This continues that ability to use special assessment to assist in the construction of Yorktowne.   There are several special districts in the Riverwalk area where we are reserving the right to collect special assessments in order to meet certain obligations.  Finally, the City created the Special District around the business park on Williamson owned by the City of Port Orange.  The City did not collect any assessments this past year.  Therefore, we are reserving our right to use the non-ad valorem method to collect the assessments this year.  

 

Item 30 -        Resolution No. 07-103 – Notice of Intent to Use the Uniform Method for Collecting Non-Ad Valorem Special Assessments for Fire Protection Services within the Incorporated Area of the City

 

A special assessment for funding fire protection services within the incorporated area of the City may be necessary.  The attached Resolution places required agencies on notice and preserves the City’s right to use the uniform method of collecting non-ad valorem special assessment revenues in 2008 and thereafter for fire protection services within the incorporated areas of the City.  Staff recommends that Council approve the attached resolution expressing the City’s intent to use the uniform method of collecting non-ad valorem special assessments for fire protection services within the incorporated area of the City.

 

Item 31 -        Resolution No. 07-104 – B-23 Canal Dredging and Seawall Reconstruction

 

A special assessment for funding improvements to the B-23 Canal, including dredging and seawall reconstruction may be necessary.  The attached Resolution places the County Property Appraiser on notice and preserves the City’s right to use the uniform method of collecting non-ad valorem special assessment revenues in 2008 and thereafter for the B-23 canal improvements.  Staff recommends that Council approve the attached resolution expressing the City’s intent to use the uniform method of collecting non-ad valorem special assessments for dredging and seawall reconstruction of the B-23 Canal in harbor Oaks.   

 

Item 32 -        Resolution No. 07-105 – Capital Improvements in the Port Orange Business Park

 

A special assessment district to fund capital improvements and related costs for the Port Orange Business Park, located on Williamson Boulevard, has been created by the City Council.  The attached Resolution provides notice to the Volusia County Property Appraiser and preserves the City’s right to use the uniform method for collecting the non-ad valorem special assessment revenues in 2008 and thereafter for Port Orange Business Park improvements.

 

Staff recommends that Council approve the attached resolution expressing the City’s intent to use the uniform method of collecting non-ad valorem special assessments for capital improvements in the Port Orange Business Park.         

 

Item 33 -        Resolution No. 07-106 – Riverwalk Project Area Capital Improvements

 

A special assessment for capital improvements in to Riverwalk Project Area may be necessary as a secondary pledge to Tax Increment Financing (TIF) revenues.  The attached Resolution places the Volusia County Property Appraiser on notice and preserves the City’s right to use the uniform method of collecting non-ad valorem special assessment revenues in 2008 and thereafter for capital improvements in the Riverwalk Project Area.

 

Staff recommends that Council approve the attached resolution expressing the City’s intent to use the uniform method of collecting non-ad valorem special assessments for capital improvements in the Riverwalk Project Area.  

 

Item 34 -        Resolution No. 07-107 – Port Orange Town Center Transportation Concurrency Exception Area

 

One of the requirements for establishing a Transportation Concurrency Exception Area (TCEA) is to demonstrate a financial commitment to implement Transportation System Management (TSM) and Transportation Demand Management (TDM) strategies and enhancements that ensure mobility within and around the TCEA.  This is in lieu of strict application of transportation level of service (LOS) standards as part of the transportation impact analysis of new development.  As part of the amendments creating the Port Orange Town Center TCEA, the City foreshadowed the use of special assessment revenues to fund various mobility strategies and enhancements should Tax Increment Financing (TIF) revenues, developer obligations and other financial sources provide insufficient revenue.  The attached Resolution places the County Property Appraiser on notice and preserves the City’s right to use the uniform method of collecting non-ad valorem special assessment revenues in 2008 and thereafter for the Port Orange Town Center TCEA.

 

Staff recommends that Council approve the attached resolution expressing the City’s intent to use the uniform method of collecting non-ad valorem special assessments for mobility strategies and enhancements required as part of the Port Orange Town Center Transportation Concurrency Exception Area.          

 

Item 35 -        Resolution No. 07-108 – Capital Improvements for Yorktowne Boulevard Extension, East of Dunlawton Avenue

 

A special assessment for funding capital improvements for Yorktowne Boulevard Extension, east of Dunlawton Avenue, may be necessary.  The attached Resolution places the County Property Appraiser on notice and preserves the City’s right to use the uniform method of collecting non-ad valorem special assessment revenues in 2008 and thereafter for the Yorktowne Boulevard Extension improvements.

 

Staff recommends that Council approve the attached resolution expressing the City’s intent to use the uniform method of collecting non-ad valorem special assessments for capital improvements for Yorktowne Boulevard Extension, east of Dunlawton Avenue.      

 

Item 36 -        Resolution No. 07-112 – ICI – 225 Acres (from November 6 meeting)

 

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’s Comments:  Some weeks ago, we initially brought this to the City Council after the meeting of FCT.  As you will recall, the City did not receive enough points to qualify for FCT funding.  We have pursued several options during the intervening period.  Volusia County has agreed to participate in the acquisition of all or a part of the project.  I provided you with options recently.  Those options include acquiring about 160 acres, 225 acres or the entire 481 acre parcel.  The City would be paying the entire amount and would be reimbursed by others.  We would have to close on this parcel before December 15.  That is extremely difficult to do.

 

Compounding the discussion is the uncertainty caused by the upcoming January election.  The pledged revenues would have to be from a source that investors are comfortable with.  That means it would need to be one of the enterprise funds that has a dependable revenue stream and one that is under City Council control.  I am finding out that people do not understand capital funds and operating funds.  They do not understand how funds are segregated and why certain funds can be used for capital and cannot be used for operating and reoccurring cost.  The question the City Council must ask is: “Is this the appropriate time to issue bonds for the purchase of this environmental tract of land?”  The second question that must be asked is: “Will the City, County, State, and Water Management District have another opportunity to acquire the parcel of land?” 

 

The City Council has authorized up to $10.0 million in debt to be issued to acquire land.  If the City were to acquire the entire 481 acre tract, the City would have to come up with resources from another source to pay for the balance. 

 

In my discussion with the Water Management District, they are restricted in funds, too.  The only way they may be able to participate is to be able to acquire mitigation credits for FDOT projects from our mitigation bank.  Subject to their Board approval, they may be able to put in a small amount of cash.  They would want an interest in the Stanaki property as well.  However, we do not have enough credits approved in our mitigation bank at this time to meet their need.  We are attempting to permit additional credits and get them released. 

 

Acquiring the entire property is in the community’s long-term best interest.  However, we may not be able to acquire it entirely this year.  You must weigh the community priorities.

 

Item 37 -        Resolution No. 07-113 – ICI – 40 acres (From November 6 meeting)

 

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.

 

Item 38 -        Resolution No. 07-121 – ICMA-RC Guided Pathways Management Accounts Program

 

Through the current ICMA-RC plan, participants may elect to use Asset Class Guidance or Fund Advice services for little or no fee.  This advice provides “point-in-time” individualized investment advice, but the participant is responsible for monitoring the account and for future changes.

 

The Guided Pathways Managed Accounts is an optional program where plan participants can elect to allow ICMA-RC to manage their retirement investments in eligible ICMA-RC administered plans.  Employees are charged an asset-based fee on a monthly basis, calculated on their average daily balance.  There is no cost to the employer.

 

The plan includes development of a retirement strategy, determination of appropriate investments and provides ICMA-RC with discretionary management of the employee’s retirement plan investments.  ICMA-RC reallocates the account based on the employee’s retirement goals, personal situations, and financial changes.

 

Participants may enroll in Guided Pathways Managed Accounts at any time and may terminate the service at any time.  The agreement between the City and ICMA-RC automatically renews each year unless the City provides 60 days notice of termination.

 

Staff recommends offering the Guided Pathways Managed Accounts program to eligible employees as an elective service.

 

Item 39 -        Resolution No. 07-122 -    Quit Claim Deed – South Williamson Boulevard

 

Attached is a Quit-Claim Deed for property located on Airport Road.  This property is needed for Phase 2 of South Williamson.  This property is part of the City’s golf course property.  What is proposed does not create a problem at Cypress Head.  Staff recommends that the quit claim deed be granted subject to any of the City’s water, sewer, and reclaimed lines, if any, being located in this area.

 

Item 40 -        Resolution No. 07-123 – Volusia ECHO Grant (All Children’s Park Playground and Dawnview Square Park)

 

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.

 

In addition to the improvements at All Children’s, a smaller park will be developed on the properties purchased by the City along Dawnview Square.  A tot playground, a sidewalk connection to the Spruce Creek Road Trail, signage, and picnic tables will be installed.

 

The City requests $175,000 (50%) from the ECHO program and the City will provide a 50% match to $100,000 in cash and $75,000 of in-kind land acquisition.  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 and at the Dawnview Square Park and to authorize the Mayor and City Manager to execute any agreements or contracts and provide a match.

 

Item 41-         Report on Adult Activity Center Fees

 

At the City Council meeting in November, Mr. Wayne Wilcox questioned the rental rate for the Adult Activity Center.  The rates are higher on weekends than they are during the week.  Also, the building has to be leased in its entirety on weekends, whereas half the building can be leased during the week.  When the new fee schedule was adopted, this was included in the fee schedule resolution.  A copy of the resolution is attached. 

 

The weekday (Monday through Friday) rental rate for one-half the building is $25 per hour.  The full building rental rate during the week is $50 per hour. The weekend (Saturday and Sunday) rental rate for the full building is $55 per hour.  As you will recall, the City Council wanted us to establish rates that would cover the cost.  The rates presented and ultimately adopted by the City Council were designed to cover our cost.  Should the Council desire to amend the rate resolution, you can do so.  However, it will require a Resolution adopting new rates for the Adult Activity Center.  It is not unusual for there to be rate differentials and rental differentials for weekends.  If you want to provide one half of the building rate for weekends, I would suggest that you set the rate at $30 per hour for one half of the building.  We require the Lakeside Community Center to be leased completely on weekends, too.  We may want to provide the Adult Center as an alternative to individuals who want a smaller space on weekends.  Also, remember that it is more difficult to rent one half of the building when the other half is already leased.  That is one of the main reasons for the requirement for the entire building to be rented on weekends.   I am not recommending the City change its policy at this point in time. 

 

 

L.                  COUNCIL COMMENTS

 

Item 42 -        Comments/Concerns from Council Members

 

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

 

 

 

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