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 July 15, 2008

 

Date:               July 7, 2008

 

 

Prior to the City Council Meeting on July 15, I would like to meet with the City Council in the shade to discuss labor negotiations.  Currently, the City is actively negotiating with two groups, the IAFF for Lieutenants and the IAFF for Commanders.  We are scheduled to begin negotiations with the Police Lieutenants this next week.  We will be holding our initial organizational meeting with them.  At the end of July, we are holding our initial meeting with the PEA.  Between now and the end of the fiscal year, I have a full schedule of negotiations with the various union groups. 

 

A.                 OPENING

 

Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call

 

B.                 BOARD APPOINTMENTS AND INTERVIEWS

 

Item 4 -           Charter Review Board

 

Mayor Green requested each member to nominate individuals to serve on the Charter Review Board.  To date, we have two names submitted.  It is important that all 5 names be submitted prior to the City Council Meeting in order for the City Council to have ample opportunity to review the names and be prepared to vote. 

 

 

C.                SPECIAL RECOGNITION AND PROCLAMATIONS

 

Item 5 -           Proclamation – Port Orange Warriors

 

Attached is a proclamation recognizing the Port Orange Warriors.  This team recently won the State Division 2 USSSA Basketball Tournament in Melbourne, Florida.  The team members will be in attendance on Tuesday evening to receive the proclamation.

 

 

D.                CITIZEN PARTICIPATION (Agenda)

 

Item 6 -           Presentation from Port Orange Homeowners Coalition

 

The Port Orange Homeowners Coalition would like to present a check to be used for the renovation of the All Children’s playground at Spruce Creek Road Park.

 

 

E.                 CITIZEN PARTICIPATION (Non-Agenda)

F.                 CONSENT AGENDA

 

Item 7 -           Approval of Minutes

 

Attached are the minutes of the following meetings:

 

                                                            May 6, 2008, Special City Council Meeting

                                                            May 6, 2008, Regular City Council Meeting

                                                            May 20, 2008, Special City Council Meeting

                                                            May 20, 2008, Regular City Council Meeting

                                                            May 27, 2008, Regular City Council Meeting

 

If you have questions, please contact either Shirley Kelly or me.  Staff recommends approval.

 

 

Item 8 -           Update on Construction Projects

 

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

 

Item 9 -           Update on Recreational Facilities

 

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

 

Item 10 -        Requested Approval of SHIP Grant Down Payment Assistance for Jennifer Donnelly

 

The State Housing Initiatives Partnership program is a grant that is funded by the State in an effort to assist low and moderate-income individuals with housing needs. 

 

Jennifer Donnelly has been approved for assistance through the City’s contractor Mid-Florida Housing Partnership. In addition to approval, Ms. Donnelly has attended classes on credit counseling and home ownership, as well as met all State regulations for assistance.

 

All contracts and closing statements will be subject to approval by the City of Port Orange Legal Department prior to award of assistance and property closing.

 

Staff recommends that Council authorize a loan up to $60,000 and acceptance of second mortgage and promissory note for the purchase of real property.

 

Item 11 -        Request Approval of SHIP Grant Down Payment Assistance for Tharwat Said and Eman E. Boghdadi

 

The State Housing Initiatives Partnership program is a grant that is funded by the State in an effort to assist low and moderate-income individuals with housing needs. 

 

Tharwat Said & Eman E. Boghdadi have been approved for assistance through the City’s contractor Mid-Florida Housing Partnership. In addition to approval, Mr. Said and Ms. Boghdadi have attended classes on credit counseling and home ownership, as well as met all State regulations for assistance.

 

All contracts and closing statements will be subject to approval by the City of Port Orange Legal Department prior to award of assistance and property closing.

 

Staff recommends that Council authorize a loan up to $60,000 and acceptance of second mortgage and promissory note for the purchase of real property.

 

 

Item 12 -        Approve One Year Contract Extension to Electronic Awards for the City’s Annual Usage of Trophies and Awards

 

In 2006, Electronic Awards was awarded the contract for the City’s annual usage of trophies and awards.  Contained in that contract was the option for a one-year renewal, at the same prices, terms, and conditions, if mutually acceptable to both parties.  This is that one-year renewal.  Electronic Awards has been a long term, very responsive vendor and, therefore, staff recommends that the Council approve the one-year extension to their contract.  Funding for these items is mainly found in 00152005795200.

 

Staff recommends that Council approve the one year contract extension to Electronic Awards for the City’s usage of trophies and awards.

 

Item 13 -        Approval to Use Kenneth W. Parker Amphitheater for National Night Out Against Crime on August 5, 2008

 

The Port Orange Police Department is requesting use of the Kenneth W. Parker Amphitheater for a National Night Out Against Crime event to be held August 5, 2008.  The cost for application fee, rental fee for use of the Amphitheater, personnel, and miscellaneous items is $468 (event cost estimate attached).  A fee waiver is requested by the Police Department.

 

Staff recommends that Council approve the use of the Kenneth W. Parker Amphitheater for National Night Out Against Crime on August 5, 2008.

 

Item 14 -        Change Order No. 2 - Additional Utilities at Coraci Sports Park

 

The attached proposal for the revision of the utility plans outlines the labor, equipment, and materials needed for lighting and a water line for potable water at the park in the amount of $80,085.  Funding is available in Account 61151005726397 – QPC024.  Staff recommends that Council approve Change Order No. 2 for additional utilities needed at the park site in the amount of $80,085.

 

Item 15 -        Building Activity Report and Monthly Development Activity Report for May and June 2008

 

The attached Staff Reports include the Development Activity Report for June 2008 and the Building Activity Report for May 2008.  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 (Building Activity Report and Monthly Development Activity Report) for May and June 2008.

 

 

Item 16 -        Approve One Year Contract Extension to Mid-Florida Sportswear for City’s Annual Usage of Assorted T-Shirts

 

In 2006, Mid Florida Sportswear was awarded the contract for the City’s annual usage of assorted t-shirts.  Contained in that contract was the option for a one-year renewal at the same prices and conditions, if mutually acceptable to both parties.  This is that one year renewal.  Mid Florida Sportswear has been a very responsive vendor and, therefore, staff recommends that the Council approve the one year extension to their contract.  Funding for these items is mainly found in the 00152005795212 account. 

 

Staff recommends that Council approve the one year contract extension to Mid Florida Sportswear for the City’s annual usage of assorted t-shirts.

 

 

G.                TABLED ITEMS

 

Item 17 -        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) (Tabled 1/15/08) (Re-Tabled 4/15/08)

 

I am recommending that this item be removed from the table.  It has been three months since we last reviewed this document.  There have been proposed changes to the MDA, and we are still working through the road issue.  I am concerned about the length of time this item has been on the table.  It is my recommendation that this item be referred back to staff until the issues are resolved and this item can be brought back to the Council ready for approval.  It is my opinion that it would be best for the Ordinance to be placed on first reading with a new number rather than to continue tabling this issue while we work on the road funding issue. 

 

 

H.                COMMUNITY DEVELOPMENT

 

Item 18 -        Second ReadingOrdinance No. 2008-9 – Adoption of Small Land Use Amendment – Jay Patel (Continued to Date Certain of July 15, 2008)

 

This item is ready for adoption.  We have received a letter from the Volusia Growth Management Commission related to this item.  Attached is the letter.

 

 

Item 19 -        Second Reading - Ordinance No. 2008-10 – Approving the First Amendment to the Mater Development Agreement for the Peacock Way PCD (Continued to Date Certain of July 15, 2008)

 

This is the companion item to the small scale land use amendment.  This item is ready for adoption as well.  We recommend approval.

 

Item 20 -        First ReadingOrdinance No. 2008-19 - Small Scale Land Use Amendment – Summit Golf Center – Tim Peightal

 

This is a request to change the land use designation of approximately 9.9 acres, located at 4116 S. Nova Road from Conservation to Office/Residential Transition.  If approved, the owner intends to develop the property with office/warehouse uses.

 

Planning Commission Recommendation:      The Planning Commission recommended approval 6-0 (Barker excused) 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 be scheduled upon receipt of VGMC certification.

 

City Manager’s Comments:  I have a major concern about adopting this proposed land use amendment.  The original developer, George Scott, wanted to develop something more intense on the property than what is there now.  The City told him that this property is located in the flood plain and had a conservation land use.  He asked what he could do with the property.  He was given options, and he chose to construct a golf driving range.  The current owners fully understand that the property is located in the flood plain.  The owners clearly understand that they have certain permitted uses of the property.  I have made it clear to the attorney representing the land owners that I could not recommend approval for the following reasons:

 

1.                  This property is located in the flood plain and intensifying development of this property is not in the best interest of the community.

2.                  This property has been used for a number of years for recreational purposes.  This is a reasonable use for property zoned conservation.  The property owner is not being denied use of his property.   

3.                  The current comprehensive plan and zoning are appropriate for this property.

4.                  This property is located immediately adjacent to Rose Bay.  The City has invested in restoration of Rose Bay; and within a few months, Rose Bay dredging is scheduled to begin east of the FEC railroad. 

 

The Planning Commission has recommended approval.  It is not often that I provide you with a recommendation that is contrary to the Planning Commission’s recommendation.  This is not something that I do lightly.  It is based on what I believe is the best use of the property and what I believe is in the public’s best interest.  I strongly recommend to the City Council that this request to change the comprehensive plan be denied. 

 

Item 21 -        Smart Growth Implementation Update

 

On August 7th, the Volusia County Council is scheduled to review amendments to the County Comprehensive Plan that will create the regulatory framework for implementation of Map “A”/ECO map. The amendments would add the Map “A”/ECO map to the County’s Future Land Use Map series and add new Goals, Objectives, and Policies concerning specific implementation techniques, such as Conservation Development and Transfer of Development Rights.

 

The attached report provides a brief overview of the Volusia County Smart Growth initiative including and update on the Smart Growth Technical Advisory Committee actions, the proposed County Comprehensive Plan amendments, and upcoming implementation actions.

 

City Manager’s Comments:  Penelope Cruz and I have provided comments concerning the proposed changes to the Volusia County Comprehensive Plan.  This is an opportunity for the City Council to provide input as well. 

 

I do have two map concerns.  The first is the Stanaki property east of Interstate 95, and the second is a parcel of land located along Spruce Creek east of South Williamson.  The ECO map includes both of these properties.  The one located east of South Williamson may be following a contour line on a map without regard to an individual ownership.  The parcel of land located east of Interstate 95 may be more problematic.  The City has acquired the first 225 acres of property.  As you are aware, we are involved in litigation over that acquisition. When the lines were drawn for the ECO map originally, the City was actively pursuing the acquisition of the entire parcel of land.  However, because we did not achieve the right number of points from the State of Florida, we were not able to acquire the entire parcel of land. 

 

The County has stated that the Comp Plan does not apply inside cities.  They plan to have crossed hashed marking on the properties located within cities.  I am concerned that it will create a conflict between our Comp Plan and the County’s Plan even with the hashed marks showing on a map.  Also, should a Comp Plan amendment be proposed on this property, it would surely create a point of conflict as well. 

 

The County has stated on numerous occasions that the map is density neutral.  However, there is a provision in the Ordinance that states that the County will be developing companion enhanced environmental regulations to protect the properties in ECO.  There is a committee working on those regulations.  If those are adopted as minimum environmental standards, then they would apply inside the City limits of a City. 

 

Although I support the ECO map and have voted consistently for the ECO map, I do need to raise these two questions for Council consideration.  In the one case, I believe inclusion of the land may be a mapping error.  The other was included by the City when it was our intent to acquire the entire parcel of land.  When that did not occur, then the land remains private property with certain entitlements granted by the current Comp Plan and zoning.  I do not want to potentially place either the City or the County in a position where a private property owner could argue that we had taken an adverse action and deny him a reasonable use of his property based on our approved Comp Plan and our approved MDA. 

With your permission, I will be bringing this to the County’s attention as well as to the Smart Growth Committee’s attention prior to the County submitting its Comp Plan Amendment.  An appropriate course of action is to place the east side of Stanaki in the Map B lands and continue to work to acquire the property.  It may be inappropriate to include any of the Stanaki lands in the ECO map until after the litigation is resolved. 

 

 

I.                    ADMINISTRATION

 

Item 22 -        First ReadingOrdinance No. 2008-20 – Renewing Florida Power & Light Franchise

 

Attached is the ordinance for renewal of the franchise with Florida Power & Light.

 

Second Reading:   July 22, 2008

 

 

J.                  COUNCIL COMMENTS

 

Item 23 -        Comments/Concerns from Council Members

 

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

 

 

 

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