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 June 3, 2008

Date: May 27, 2008

 

OPENING

Item 1 - Pledge of Allegiance

Item 2 - Silent Invocation

Item 3 - Roll Call

TOWN CENTER CRA MEETING

The CRA will need to meet briefly on Tuesday night to approve a settlement agreement. The City acquired property from Bryant-Singletary last year. Prior to the City taking possession of the property, much of the house was salvaged. The City incurred expenses and sought to recover the money lost by the unauthorized salvaging. The settlement agreement is attached for the CRA’s consideration. I am recommending acceptance of the settlement.

SPECIAL REPORT

 

Item 4 - Annual Audit Report – Brent Millikan and Company

 

At this time, Alex Kish will present the audit report to Council.

 

CITIZEN PARTICIPATION

CONSENT AGENDA

 

Item 5 - Approval of Minutes

 

Attached are the minutes of the following meetings:

 

April 15, 2008 – Special City Council Meeting

April 15, 2008 – Regular City Council Meeting

April 22, 2008 – Special City Council Meeting

April 22, 2008 – Regular City Council Meeting

 

If you have questions, please contact either Shirley Kelly or me. We recommend approval.

 

Item 6 - Update on Construction Projects

 

Attached is a report from Quentin Hampton’s regarding construction projects. If you have questions, please contact either Mark Hampton or me.

 

Item 7 - Update on Recreational Facilities

 

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

 

Item 8 - City Attorney’s Report

 

Attached is a report from the City Attorney. If you have questions, please contact Margaret Roberts.

 

Item 9 - Road Construction Report

 

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

 

Item 10 - Urgent Care Agreement

 

We are recommending that a contract be entered into for certain medical related services with Port Orange Urgent Care. They are located on Dunlawton Avenue. Currently, employees have to go to Employ Med in Daytona Beach for certain medical examinations and other procedures. By using a Port Orange based physician, we will save time. They are already providing the City with Workers Compensation Service. After hours service will continue to be provided to the City by Employ Med. Port Orange Urgent Care is not a 24 hour operation at this time. We have found the services acceptable and it has quicken our turn around of getting employees back to work.

 

Item 11 - Approval of FP&L Easement for Fire Stations 72 and 75

 

The contractor for Fire Stations 72 and 75 (APM) has submitted stamped drawings indicating the easement locations for the new stations. FP&L is in agreement with the easement and design. Staff recommends that Council approve the FP&L easements as submitted for Fire Stations 72 and 75.

 

Item 12 - Acceptance of Settlement in the Case of Michael Lovecchio vs. City of Port Orange

 

On May 4, 2007 Plaintiff was arrested for DUI after failing a field sobriety test. He was taken to the Police Department for breathalyzer testing. Plaintiff’s alcohol level tested below the legal limit therefore, Plaintiff claims he was wrongfully arrested. He is seeking settlement in the amount of $3,500.00 to cover costs incurred related to the arrest. It is the City’s position that the officer had probable cause for the arrest due to: 1) Plaintiff’s failure of the field sobriety test; 2) Plaintiff admitted to drinking alcohol the night of the arrest, 3) the smell of alcohol on Plaintiff’s breath, and that 3) Plaintiff is 20 years old (below legal drinking age).

 

A copy of the settlement agreement is attached. The agreement provides payment of $3,500.00 to Plaintiff. Although it is the City’s position that there is no liability the defense cost of trying the case before a jury would exceed the settlement cost regardless of whether the City prevails. Further, there is always a risk of trying a case before a jury regardless of the strength of your legal position.

 

Staff recommends that Council authorize the settlement of the Michael Lovecchio vs. City of Port Orange, Case No. 2008-30028 CICI pursuant to the terms set forth in the settlement agreement.

 

Item 13 - Pollution and Remediation Legal Liability Insurance

 

In order to provide the broadest financial protection for incidents arising from an environmental event involving pollution and remediation exposures, staff recommends the selection of the proposal provided by XL. Proposals were solicited, through the City’s insurance broker, Brown & Brown Insurance, from insurance markets specializing in this type of coverage; only one insurance company (XL) submitted a proposal and five companies declined to offer a proposal. XL has an A.M. Best’s Rating of A+ 15.

 

The premium for the renewal proposal submitted by XL is $31,847.32, or 7.2% less than last year’s premium cost. XL has offered multi-year options: a two-year policy for $49,680.89 and a three-year policy for $65,179.34. The policy terms and conditions of the renewal policy are the same as the expiring policy.

 

Staff recommends the selection of XL for the fuel storage tank coverage for the two-year policy term June 21, 2008, through June 21, 2010, including the coverage for Federal TRIA (Terrorism Risk Insurance Act). Both the City’s insurance consultant and the City’s insurance broker recommend the selection of the two-year policy term. Further information can be obtained from Bob Newell, Risk Manager.

 

Staff recommends that Council approve the selection of the Indian Harbor Insurance Company ("XL") to provide underground and above ground storage tank pollution liability plus fixed site pollution legal liability insurance coverage for the two year period from June 21, 2008 to June 21, 2010.

 

Item 14 - Non-Exclusive Utilities Easement for Drainage and Utilities Along Williamson Boulevard Over Property Owned by J. Sam Owens, Jr.

 

The Port Orange Business Park project design requires the construction of public utilities and connection to a pre-existing lift station located on property owned by J. Sam Owens, Jr. Staff recommends approval of the referenced 40-ft. wide easement along the easterly boundary of Williamson Boulevard in the form proposed by the property owner and attached hereto.

 

Staff recommends that Council accept the grant of Non-Exclusive Utilities Easement, including indemnity provisions, as conveyed by J. Sam Owens, Jr. to the City.

 

 

TABLED ITEMS

 

Item 15 - Second Reading – Ordinance No. 2008-13 – Amending Article IV of Chapter 42 of the code of Ordinances Relating to Nuisances (Tabled 5/6/08)

 

Staff recommends that this item remain on the table. Enclosed is a memorandum from Community Development. Staff requests that this item be removed from the table for discussion at the June 24 Council Meeting.

 

City Manager’s Comments: Staff is working on the standards. We hope to have the standards ready for Council review. I have asked the City Attorney whether adding the enforcement standards constitutes a major revision to the Ordinance which would require it being returned to first reading for purpose of amendment.

 

 

BOARDS AND COMMISSION

 

Item 16 - Report from Advisory Board

 

Environmental Advisory Board

 

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

 

 

COMMUNITY DEVELOPMENT

 

Item 17 - Second Reading- Ordinance No. 2008-9 – Adoption of Small Land Use Amendment – Jay Patel (Continued to Date Certain of June 3, 2008)

 

This item was continued to this date from the May 6, 2008, Council Meeting to allow for the VGMC to review. Staff anticipated receiving approval from VGMC in time to have second reading on June 3; however, Staff received a Request for Additional Information (RAI) on April 25. The request pertains to the Trip Cap placed in the ordinance of 301 vehicles per day for the subject property and the subject property’s proximity to a property with "F-C" (Flood Zone Conservation) zoning. Staff has discussed these issues with the requesting agencies and is in the process of finalizing a response. The concerns must be addressed before the VGMC can issue its certification, which the City must have in order for second reading to occur. Staff recommends that this item be tabled until a formal approval is received from VGMC.

 

Item 18 - Second Reading – Ordinance No. 2008-10 – Approving the First Amendment to the Master Development Agreement for the Peacock Way PCD (Continued to Date Certain of June 3, 2008)

 

This item was continued to this date from the May 6, 2008, Council Meeting to allow for the VGMC to review. Staff anticipated receiving approval from VGMC in time to have second reading on June 3; however, Staff received a Request for Additional Information (RAI) on April 25. The request pertains to the Trip Cap placed in the ordinance of 301 vehicles per day for the subject property and the subject property’s proximity to a property with "F-C" (Flood Zone Conservation) zoning. Staff has discussed these issues with the requesting agencies and is in the process of finalizing a response. The concerns must be addressed before the VGMC can issue its certification, which the City must have in order for second reading to occur. Staff recommends that this item be tabled until a formal approval is received from VGMC.

 

Item 19 - Second Reading – Ordinance No. 2008-12 – Remedial Plan Amendment – School Concurrency Comprehensive Plan Amendments

 

Staff recommends approval.

 

Item 20 - First Reading – Ordinance No. 2008-18 – CBL – CDD

 

CBL is the owner of certain properties located on the west side of South Williamson north of Summertrees Road. They are requesting to form a commercial CDD for their property located on the west side of South Williamson. Some months ago, the City created a Commercial CDD for CBL on the east side of South Williamson, the site of the Pavilion at Port Orange. I am recommending the creation of the Commercial Community Development District. They plan to issue bonds for their infra-structure. The City of Port Orange is not responsible for any debt issued by the CDD. It is solely the responsibility of the property owners to repay any and all debt issued by the CDD. Once created, the CDD is a legal governmental entity with its own elected board of directors. This Ordinance creates the legal framework for the CDD and authorized certain powers, duties and responsibilities.

 

Currently, Port Orange has 2 CDD’s. The first was Woodhaven. This was a large CDD and was created by the State of Florida because of its size. The second was the Pavilion at Port Orange. It was a Commercial CDD and because of its size it was created by the Port Orange City Council.

 

 

PUBLIC SAFETY

 

Item 21 - Emergency Management Presentation

 

Annually, the City conducts a briefing of City Council at the beginning of the hurricane season. This is the first meeting of Council after June 1. Fire Chief Tom Weber will be briefing the City Council on the Emergency Management Plan.

 

This is an excellent opportunity to remind citizens to be prepared. As we have stated on numerous occasions, citizens need to be self sufficient for the first 72 hours. That means they need to plan for food, water, medication, and other essentials. It is important that generators be tested and serviced. Small things need to be taken care of, such as pre-drilling of holes so that coverings for windows can be quickly and easily installed. Know where your important papers are so they can be easily accessed in case they are needed. Prepare a personal emergency plan as well as a personal evacuation plan for family members. There are several other tips that we will be discussing in the City’s upcoming newsletter.

 

 

ADMINISTRATION

 

Item 22 - Waiving of Publication Fees – 965 and 975 McDonald Road

 

Victor Vanlanker donated a piece of property to the City on McDonald Road. In exchange for the property donation, the City Council waived payment of certain fees. This is to clarify if Council intended to waive the fees for the legal notice publication associated with this variance in the amount of $845.32.

 

Staff recommends that Council waive fees in the amount of $845.32 for Legal Notice for a Variance Request for property at 965 and 975 McDonald Road.

 

City Manager’s Comments: Some months ago, the City Council approved a waiver of certain fees in exchange for property given to the City by Mr. Vanlanker. It was Mr. Vanlanker’s understanding that the advertising fees for his project were included in the waiver. The materials approved by the City Council do not specifically state that it was the Council’s intent to waive the publication fees. The value of the land the City received is more than the fees and the publication fees. Because the City Council accepted the land and waived certain fees, I feel that we need clarification from the City Council as to whether the publication fee was included.

 

 

COUNCIL COMMENTS

 

Item 23 - Comments/Concerns from Council Members

 

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

 

 

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