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 4, 2008


Date:               October 27, 2008



This is Election Day.  The City Council requested that we keep the meeting agenda short.  We have done so. 




Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call




Item 4 -           Business Development Partnership Report


Sam Goodwin from the Business Development Partnership will provide an update to the Council regarding the Business Development Partnership.




Item 5 -           Discussion - Parking Issues – Sterling Chase


Attached is an email regarding parking issues in Sterling Chase.  I have asked that this be placed on the Council agenda for discussion with Council regarding parking in the right of way.


City Manager’s Comments:  The Sterling Chase HOA asked the City Council a few months ago for assistance related to parking on public streets within their subdivision.  Sterling Chase has covenants and restrictions that prohibit on-street parking.  The City cannot enforce the covenants and restrictions.  That is the responsibility of the HOA.  The HOA has requested the City to prohibit on-street parking.  The email that I prepared outlines options and alternatives available to the City.  I have asked the Police Department to look at the streets in Sterling Chase to determine whether any “No Parking” signs are appropriate.  Also, I have asked them to patrol the neighborhood to determine whether our Ordinance is being adhered to. 


An alternative that was brought to my attention last night was restricting the hours of parking on the right of way.  It was suggested that there be no parking between the hours of 7 p.m. and 7 a.m. 


The Sterling Chase HOA has requested that we look to determine if the City can empower them to tow vehicles.  What they really want is for the City to erect signs saying no parking in the right of way and then issue tickets and, eventually, tow vehicles. 


The City has avoided becoming involved in covenant and restriction enforcement.  We have taken the position that the City is not a party to the covenants and restrictions and, therefore, it is a contract between the parties who live in that subdivision. 


I have asked for a copy of the South Daytona Parking Ordinance that Council Member Steindoerfer brought to our attention at the last Council Meeting.


I have made Margaret aware of this agenda item so she can better provide City Council with her legal opinion on whether the City can restrict parking on streets where a public safety hazard does not exist.  That has been the standard that we have used when erecting “No Parking” signs.


For many years, the City had an Ordinance that required parking to be off the street surface itself.  That meant that parking was on the parkage.  That created problems since many people spend a lot of money to maintain their yard, including the parkage.  By restricting the parking to the parkage, we had neighbor problems because of the irrigation systems that were in place as well as landscaping.  The last time we changed the ordinance, the City Council focused on safe passage of vehicles in the roadway rather than focusing on restricting the parking on the street surface itself.


We have been extremely consistent city wide.  The City does not enforce covenants and restrictions.  As I stated in the email, what is being requested by Sterling Chase is replicated in a number of our City subdivisions.  Many have similar covenants and restrictions in their neighborhoods. 





Item 6 -           Approval of Minutes


 Attached are the following minutes for approval:


                        September 3, 2008 – Regular City Council Meeting

                        September 17, 2008 – Special City Council Meeting

                        September 17, 2008 – Regular City Council Meeting

                        September 23, 2008 – Special City Council Meeting

                        September 23, 2008 – Regular City Council Meeting


Staff recommends that Council approve the meetings of the Council Meetings as listed.


Item 7 -           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.  Staff recommends acceptance of the report.


Item 8 -           Update on Recreational Facilities


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


Item 9 -           City Attorney’s Report


Attached is the City Attorney’s Report.  If you have questions, please contact Margaret Roberts.  Staff recommends acceptance of the report.


Item 10 -        Road Construction Report


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


Item 11 -        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 25, through December 26, 2008 for a total of thirty-two (32) 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 3rd event requested for the K-Mart property in 2008 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 fifteen (15) conditions outlined in the attached staff report.


Item 12 -        Architectural/Engineering Firm for New and Building Renovation Type Projects


The City requested proposals from qualified individuals and/or firms interested in providing professional architectural and engineering services for new construction and building renovation projects.  Proposals were received from 21 firms, ranked and short-listed to six (6) for oral presentations.  The Selection Committee, comprised of Mayor Allen Green, Assistant City Manager Shannon Lewis, Police Chief Jerry Monahan, Information Technology Director Tony Marino, Chief Building Official Kerry Leuzinger and Fire Division Chief Russ Rafferty, heard presentations from five of the six invited firms.  The firm of CPH was not in attendance and was therefore not ranked.


At the conclusion of the presentations, the Selection Committee ranked the firms as follows:


1.      Stottler Stagg & Associates, Inc.

2.      Architects in Association Rood and Zwick, Inc.

3.      DJdesign, Inc.

4.      Schweizer Waldroff Architects, Inc.

5.      Bentley Architects & Engineers, Inc.


Staff requests authorization to approve the final ranking and enter into contract negotiations with Stottler Stagg & Associates, Inc. as the top ranked firm.


City Manager’s Comments:  The projects that the architectural firm will be assigned are various projects.  The projects could include renovation of the existing Port Orange Police Department after it is vacated by the Police Department (we anticipate moving Fire Administration into the existing Police Department space as well as the City’s Information Technology Department); Police firing range; fire training facility; renovations to Fire Station 3; and any renovations at City Hall as the IT Department relocates from the space on the second floor.  Since there are a number of potential projects, it may be good for us to have more than one architect available to perform design work. 





Item 13 -     Report from Advisory Boards:

                     Environmental Advisory Board


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





Item 14 -     Proposed Write-Off of Bad Debts (Tabled 10/21/08; Re-Tabled 10/28/08)


This item was re-tabled at the October 28, 2008, City Council Meeting.  If you have questions, please contact either John Shelley or me.




Item 15 -        First Reading – Ordinance No. 2008-37 – Adoption of the 2008 Capital Improvements Element Annual Update

Every 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 concurrency-related facilities. The amendments to the CIE are attached for review and include the updated Schedule and other various text amendments to update data related to the Schedule and other statutorily required information, such as: 

·         Projects included in the MPO TIP (Transportation Improvements Program) that the City relies on for concurrency;

·         A summary of de minimus transportation records; and

·         The Volusia County School District Five-Year Work Program.


Please note that the second reading of this ordinance will be held on November 11, 2008.


Planning Commission Recommendation:      The Planning Commission recommended that Council adopt the 2008 Capital Improvements Element Annual Update and that it be transmitted to the Florida Department of Community Affairs for their compliance review.


Staff Recommendation:   Staff recommends that Council approve the attached ordinance amending the Capital Improvements Element of the City’s Comprehensive Plan Update ’98, in accordance with Florida Statutes.



            G.        PUBLIC SAFETY


Item 16 -        Biketoberfest Report


A representative of the Police Department will make a report to Council regarding Biketoberfest.




Item 17 – Discussion – Special Assessment Resolutions


Last year, the City Council reserved the right to use Special Assessments on a number of projects.  Prior to December 31 each year, the City must notify the Property Appraiser that the City desires to use the non-ad valorem method of collecting Special Assessments.  To date, the City Council has not actually levied special assessments.  Last year, the Council reserved the right for the following areas:


1.                  Williamson Business Park - The City Council established the Special Assessment District but deferred collection of the assessment.  I would encourage the City Council to reserve the right to use a Special Assessment for this Project.

2.                  Riverwalk - In the MOU, the developer agreed to allow for the creation of a Special Assessment District.  I would encourage the City Council to reserve the right to use a Special Assessment for this Project.

3.                  Transportation Concurrency Exceptions Area - This is located in the Town Center Redevelopment Area.  In our agreement with DCA, the City agreed to use a Special Assessment as a potential revenue source to assist in funding transportation-related projects in this area.  I would encourage the City Council to reserve the right to use a Special Assessment in this area.  The Council reserved the right last year.

4.                  Yorktowne North - I would encourage the City Council to reserve the right to use the Special Assessment process to assist in constructing Yorktowne in the area between School House and Willow Run.  This is just a funding alternative with the property owner being responsible for the actual payment of the special assessment. 

5.                  Yorktowne South - This is the section of the road between Dunlawton Avenue and Taylor Road.  The City Council has offered this mechanism to the developers of this section of the road should they desire to use it.

6.                  Street Lights - Last year, the City Council discussed this method.   Currently, street lights are a general fund expenditure.  There are some neighborhoods that are paying for their street lights out of their HOA fees. 

7.                  Fire Service Fees - Last year, the City Council reserved the right to use the fee but decided during the spring not to implement or create the assessment.

8.                  B-23 Canal - Last year, the City Council reserved the right to use the assessment but because of other legal issues did not create the District or collect the fee. 


The City has to advertise 4 times before the Resolutions can be adopted.  The City Council is only reserving the right to collect any assessment on the tax bill as a non-ad valorem assessment.  However, I would strongly recommend that the City Council not move forward on any of these if you are not serious about considering using the Assessment method.  That is why we are bringing the list to you prior to advertising. 


Assessments collected in this fashion are considered on par with taxes.  There is a collections fee paid to the County when this method is used.  Final decisions on whether to use the non-ad valorem method have to be made in May since a special mailing has to be sent to the owners of property located in the District that is being created.  There are a series of public hearings that would have to be conducted prior to the City Council adopting the roll for the District.  All staff is requesting is direction so that we can begin the process of advertising.





Item 18 -        Comments/Concerns from Council Members


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