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 for Regular City Council Meeting of January 15, 2008


Date:               January 7, 2008



A.                 OPENING

Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call




Item 4 -           Environmental Advisory Board (1 Term to Expire May 7, 2010)


One appointment needs to be made to the Environmental Advisory Board to fill the unexpired term of Pete Atwood.  The term will expire on May 7, 2010.  Attached is the only application on file, which is from Donnie Compton who has expressed an interest in serving on this Board.


Item 5 -           Planning Commission (1 Term to Expire September 1, 2008)


One appointment needs to be made to the Planning Commission to fill the unexpired term of Pete Atwood.  The term will expire on September 1, 2008.  Attached are applications from Michael Arminio, Michael Burton, and Tim Thompson.  All have been contacted and have indicated that they will attend the Council meeting on January 15.


Item 6 -           Fire Pension (1 Term to Expire February 15, 2010)


One appointment needs to be made to the Fire Pension Fund Board which must be filled by a public member appointed by the City Council.  The term will expire on February 15, 2010.  Jim Reardon has expressed an interest in being reappointed and will be in attendance at the Council Meeting on January 15.


Item 7 -           Police Pension (1 Term to Expire February 15, 2010)


One appointment needs to be made to the Police Pension Fund which must be filled by a public member appointed by the City Council.  The term will expire on February 15, 2010.  David Strassel has expressed an interest in being reappointed and will be in attendance at the Council Meeting on January 15.


C.                SPECIAL REPORT


Item 8 -           Report from Kemper Sports Management


At this time, a representative of Kemper Sports will make a report to Council regarding The Golf Club at Cypress Head.


Item 9 -           Report regarding Lighting


In November, Chad Fetly appeared before the City Council related to lighting issues in his neighborhood.  As you will recall, the neighbor had erected lighting that was shining into windows of the adjacent property.  In our research, a number of cities have enacted ordinances that require lighting to be contained.  Most of the cities and counties who have enacted these types of requirements have done them under “dark sky” concepts.  What this means is the lighting standards do not intrude into the night skies.  These ordinances are similar to the lighting ordinances that govern the beach. 


With the exception of the lighting standards that apply to the beach area, most cities that have enacted these types of standards are located in the western United States.  The lighting standards that have been developed still emphasize safety and keeping people and properties safe without creating intrusion of light into the night sky. 


If the City Council decided to regulate lighting in commercial and residential areas, it would be easy in the new subdivisions and commercial areas that have not been approved.  It would be much more difficult in those areas where development exists.  Additionally, the City would be responsible for modifications of its own streetlights.  A program could be developed to make the modifications over time.  The same could be put in place for commercial properties.  If light standards were to be adopted, I would suggest that it be prospective rather than retroactive.  When modifications are proposed, then the lighting standard would change.   Currently, we do have the ability to require commercial properties to shield lights that shine into residential areas.  Maybe the change, if any, would require to shield light from adjacent properties in the same manner as we treat commercial and residential lights.  Again, I would suggest that this be prospective, not retroactive if the City Council decides that this is the direction if desires to go.


This is not a common complaint we receive from residents about light shining into a neighbor’s home.  However, we occasionally do receive a complaint about intruding light.   Code Enforcement does not have a standard to apply related to intrusive light from an adjoining property.   Most often when we receive a complaint of this type it is the result of a deeper neighborhood issue. 


If you are interested in looking at a variety of ordinances and why cities and counties have enacted light restriction ordinances, I would encourage you to Google dark skies.  There are a number of resources listed related to these types of Ordinances. 


Does the City Council desire to regulate residential lighting?  Previous City Councils have chosen to look at commercial lighting but have not ventured into regulating residential lighting.



E.                 CONSENT AGENDA


Item 10 -        Approval to Piggyback State, County, and Sherriff’s Department Contracts for Fleet Vehicle Purchases


Staff has reviewed vehicle needs for each department.  The Fleet Purchase Summary Sheet attached provides a breakdown of each vehicle requested, those which have been deferred, user department, age of vehicle, and cost to maintain, mileage, and budget information.  Staff requests approval to piggyback various contracts, each listed on spreadsheet next to vehicle to be purchased, in order to purchase the vehicles at the lowest cost possible.


Total cost for the fleet vehicles requested will not exceed $258,891.25; FY 2008 budget is $1,157,800, resulting in a surplus budget amount of $898,908.75.  Funds are available in the Fleet Finance Account No. 50510005806400.  Staff recommends approval to purchase the fleet vehicles as shown on the Fleet Purchase Summary Sheet for a total cost not to exceed $258,891.25.


City Manager’s Comments:  Recently, Mike Koch and I reviewed the vehicles that would normally be replaced.  We examined the condition of the vehicle, its cost of operation, mileage, age, and other factors.  Based upon reviewing the criteria and a discussion with the various department heads, we are recommending that vehicles listed be purchased with the remaining ones being deferred.  As you will recall, I suggested extending the length of time we held vehicles as part of the budget strategy.  This fits into that overall strategy.  The money to acquire the vehicles when they need to be replaced will still be there.  One of the innovations we established almost 20 years ago was the lease fund concept.  When vehicles are acquired, they are leased to the operating departments.  A life expectancy is established for each vehicle.  The vehicle lease payments are paid over the term of the lease.  At the end of the lease period, enough equity has been built up that when it is time to replace the vehicles, the money is there to do so.  Also, the proceeds from the vehicle auction are placed in this fund.  We have found that over the years, the lease payments, interest earnings, and the auction proceeds generate enough money to acquire the vehicles. 


I have instructed Mike to place a premium on more fuel-efficient vehicles when making replacement purchases.  Last year, we set goals for fuel reductions.  To a large extent, we have achieved the reductions.  We are seeing about an 8% to 10% reduction in gasoline usage between 2006 and 2007. 


I have asked Warren to look into bio-fuels for our vehicles.  Last year, we looked into using bio-fuels.  The problem was lack of supply in the state of Florida.  However, the City of DeLand has increased its use of bio-fuel for its vehicles. 


Item 11 -        Modification of Select Engineering-Related Functions to Create an Engineering Services Team



City Charter Article IV. Administrative, Section 4.05 describes the Administrative Code.  The Administrative Code, adopted by the City Council, sets forth the department organization including charts showing the chain of command and the allocation of responsibilities and duties for each department.  This proposal recommends creation of a cross-functional Engineering Services Team for select engineering functions.


Over the years there have been a number of changes in engineering staff and functional reporting relationships.  During late 2007, staff from Community Development, Public Works and Public Utilities met to analyze the existing organizational structure for engineering related responsibilities.  The attached report and charts represent staff recommendations for reorganizing select engineering services.  Although the primary impact of this effort is to Community Development engineering functions, the multi-departmental coordination will create additional efficiencies and provide a base for future team opportunities.  The Team is proposed to be led by Community Development Engineer Mike Hill, P.E. with extensive support from Public Utilities Engineer Fred Griffith, P.E..  The Engineering Services Team is intended to: 


§          Improve the quality of construction management including City capital projects.


§          Improve the efficiency of the engineering role in development review.


§          Cross-train for staff depth in key roles.


§          Provide Succession Planning opportunities.


§          Provide mentoring and required supervision for Professional Engineer licensing.


Staff recommends that Council approve the Engineering Services Team structure.


City Manager’s Comments:  During the budget discussions, I indicated to the City Council that we needed to look into utilization of our engineers to manage projects.   I asked Roger Smith, Warren Pike, and Wayne Clark to develop a format that would look at our engineers as a whole rather than as engineers reporting and available to only individual departments.  The team has brought forward this organizational alignment that achieves the purpose.  The reason that Mike Hill was selected as the Team Leader is because of his extensive experience at FDOT in project management and in heading teams of engineers.  Where the engineers are budgeted and the support they provide the Departments will not change.  However, the approach will change to become more coordinated and using our engineering staff in a more productive manner.


Item 12 -        Monthly Development Activity Report and the Building Activity Report for November and December, 2007


The attached Staff Reports include the Development Activity Report for December, 2007, and the Building Activity Report for November, 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 November and December, 2007.


Item 13 -        Approval to Appoint Frank Sheridan as the Fifth Member of the Fire Pension Board


The Fire Pension Board has elected Frank Sheridan as the fifth member of the Fire Pension Board.  The Pension Board is seeking City Council approval of the appointment of Frank Sheridan to the Fire Pension Board for a two-year term, which will expire on December 31, 2008.


F.                 TABLED ITEMS


Item 14 -        Second 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)


The revisions have been made to the ordinance that better defines a sunroom so as to resolve any conflict with the Florida Building Code.  The memorandum from Mike Disher provides a good explanation of the definitional changes that have been made to the ordinance.  Should you have any questions, please contact either Wayne Clark or Mike Disher.




Item 15 -        Citizen Advisory Committee for MPO


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


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 PC (Continued to Date Certain of January 15, 2008)


Attached is a letter from the Developer’s attorney.  They are requesting that this item be continued until April 15, 2008. 


City Manager’s Comments:  I have asked that the City’s CD staff coordinate a meeting with the City of South Daytona so that issues related to the traffic study can be adequately addressed.  Irrigation still is a concern.  A meeting is being proposed to examine various options and alternatives, including construction of a pond that could be used for stormwater retention in an area that has inadequate retention.  The pond could be used for irrigation purposes.  There would be a minimum level of water that must be maintained in the retention pond at all times.  We will be discussing with them other issues.  I would like to suggest to the City Council that we grant them one more extension in order to allow them an opportunity to propose solutions. 


If the project is not ready for Council consideration on April 15, I would recommend that it be referred back to staff and scheduled for consideration at such time as the project is ready for consideration. 


Item 17 -        Final Site Development Plan – Wal-Mart NE Corner of Madeline Avenue and Nova Road (Continued to Date Certain of January 15, 2008)


Attached is a letter from the Developer’s attorney.  They are requesting that this item be continued until April 15, 2008.


City Manager’s Comments:  See comments above. 


Item 18 -        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 January 15, 2008)

Attached is a letter from Chris Challis requesting that this item remain on the table.


Item 19 -        Second Reading – Ordinance No. 2007-63 – Amending Chapter 9, Article II, Sections 15, 16, 19, and 21 of the Land Development Code Relating to Tree Preservation


Staff recommends approval.


Item 20 -        Second Reading – Ordinance No. 2007-64 – Approving a Master Development Agreement and Conceptual Development Plan – Oakwater Plaza PCD


Staff recommends approval.


Item 21 -        First Reading – Ordinance No. 2008-2 - Comprehensive Plan Amendments - School Concurrency


Included are text amendments to the Future Land Use Element (FLUE), Intergovernmental Coordination Element (ICE), the Capital Improvements Element (CIE), and the creation of the new Public School Facilities Element (PSFE).  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.


The DCA Objections, Recommendations, and Comments Report (ORC) issued to Port Orange identified four objections to the PSFE and three objections to the CIE amendments.  No objections were posed to the FLUE or the ICE.  The City’s formal response to DCA, DCA’s ORC report, and a copy of the original staff report (minus exhibits) on the subject amendments are attached for your review.  The City has received VGMC certification and is now prepared to adopt the School Concurrency related Comprehensive Plan Amendment Package.


Please note that second reading will be held on January 22, 2008, in order to meet the statutory adoption deadline of February 1, 2008.


Staff recommends that Council amend the City’s Comprehensive Plan Update ’98 for Case No. 07-20000006 and to authorize staff to transmit the adopted amendments to the Department of Community Affairs for final compliance review.


Planning Commission Recommendation:      On July 28, 2007, the Planning Commission recommended approval 7-0 to transmit the School Concurrency Related Comprehensive Plan Amendments to the Florida Department of Community Affairs (DCA) and other review agencies.


Second Reading:   January 22, 2008


Item 22 -        First Reading – Ordinance No. 2008-3 - Amending Chapters 2 and 4 of the Land Development Code Regarding School Concurrency


Included are text amendments to Chapters 2 and 4 of the Land Development Code to incorporate new definitions, level-of-service standards, facility-specific requirements, and review procedures for school concurrency.  If approved, the subject amendments will implement the Comprehensive Plan amendments regarding school concurrency that are scheduled to be adopted concurrent with the subject LDC amendments and the Interlocal Agreement for Public School Facility Planning, in accordance with Florida Statutes.


Please note that second reading will be held on January 22, 2008, in order to meet the adoption deadline of February 1, 2008.


Planning Commission Recommendation:      On November 15, 2007, the Planning Commission recommended approval 5-0 (Commissioner Lasky excused; one position vacant) of the proposed amendments to the Land Development Code (LDC) regarding school concurrency.


Second Reading:               January 22, 2008


Item 23 -        Final Site Development Plan, Fair Share Agreement, and Public Improvement Agreement – Westport Square PCD, Phase II


On December 20, 2007, the Planning Commission recommended approval, 6-0 (one seat vacant), of a request to approve the final site plan for Westport Square, Phase II, located north of Taylor Road, west of Williamson Blvd. and east of the new Summer Trees Rd. extension. If approved, the developer is proposing to construct a 96,000 square foot retail store and a 6,000 square foot retail outparcel building. The Commission’s recommendation was contingent on resolution of all outstanding issues prior to City Council review; all have now been resolved. The staff report is attached. The fair share amount for Westport Square, Phase II is $539,291, which will go toward the improvements of the Dunlawton Ave/Clyde Morris intersection, the I-95 interchange area, the Town West/Williamson Blvd. intersection, and the Summer Trees Road extension. The developer will also be working with Volusia County to widen Taylor Road between Williamson Blvd. and Summer Trees Rd.


Planning Commission Recommendation:      On December 20, 2007, the Planning Commission recommended approval, 6-0 (one seat vacant).


Staff Recommendation:   Staff recommends that Council approve the final site plan for Westport Square, Phase II, as recommended by the Planning Commission, and to approve the Public Improvement Agreement (PIA) and Concurrency / Fair-Share Agreement for this project.





Item 24 -        Resolution No. 08-3 - FDOT Highway Maintenance Agreement


The maintenance agreement with the Florida Department of Transportation (FDOT) is due to expire on March 31, 2008, and the FDOT has submitted a renewal contract for approval.  Under this agreement, the FDOT agrees to compensate the City of Port Orange in exchange for maintenance of State rights of way located within City limits.  The areas and maintenance to be performed are shown on the attached and total annual compensation from the State will be $45,000 (paid quarterly to the City).  This agreement will be effective April 1, 2008, and can be renewed up to three years provided both parties are in agreement.


Staff recommends approval of the attached resolution adopting the Highway Maintenance Agreement, No. AP006, with the Florida Department of Transportation.




Item 25 -        Comments/Concerns from Council Members


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