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

March 17, 2009


Date:               March 9, 2009




A.        OPENING


Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call





Item 4 -           Proclamation to Bel Canto Singers


Mayor Green recently attended a presentation by the Bel Canto Singers.  Mayor Green asked the group to attend the Council Meeting so the group could be introduced.


C.                CITIZEN PARTICIPATION (Agenda)


Item 5 -           Request from Pavlina Osta Regarding Spaying and Neutering Animals


Pavlina Osta is a fifth grade student at Sweetwater Elementary and would like to address Council to request that the City of Port Orange adopt a mandatory spay/neuter ordinance.


Item 6 -           Port Orange/South Daytona Chamber of Commerce Quarterly Report


A representative of the Port Orange/South Daytona Chamber of Commerce will make the quarterly report to Council at this time.


D.                CITIZEN PARTICIPATION (Non-Agenda – 15 Minutes)

E.                 CONSENT AGENDA


Item 7 -           Renew Landscape Maintenance Contracts


The landscape maintenance contracts are due to expire on March 31, 2009.  All three vendors, Glenco Lawns Inc., Tuff Turf, and Tif-Jen, Inc., are willing to renew without any increase in price. The spreadsheets attached provide areas maintained (by vendor), maintenance performed, and cost of each.  Total annual cost to renew all three contracts will not exceed $804,186.06. 


Staff recommends Council approval to renew the landscape maintenance contracts with Glencoe Lawns, Inc., at a total annual cost of $87,041.15; Tuff Turf at a total annual cost of $149,688.14; and Tif-Jen, Inc., at a total annual cost of $567,456.77; for a combined total annual cost of $804,186.06.


Item 8 -           Approval to Extend the Lake Contract with Aquatic Weed Technology


The lake contract (Bid No. 07-08) is due to renew on May 1, 2009.  As with most maintenance contracts, this contract does allow for an annual CPI rate increase; however, when computed (see sheet attached), the rate is a negative .08%.  The contract does not address “negative” CPI rates and Aquatic Weed Technology is willing to renew without any increase in price.


In 2007 when Council awarded the lake bid, All American Aquatics (now Aquatic Weed Technology) bid was $8,300 lower than second low bid and $10,000 lower than the previous year’s contract (under a different vendor).  Staff is satisfied with Aquatic Weed’s performance and recommends the agreement be extended another term.  Total annual cost will not exceed $41,547.42 and the spreadsheet attached provides a list of all areas and maintenance cost associated with each.


Staff recommends approval to renew the lake contract with Aquatic Weed Technology for a total annual cost not to exceed $41,547.42.


Item 9 -           Approval of ICMA Vantagepoint Payroll Roth IRA Program


ICMA Retirement Corporation has offered to the City of Port Orange a payroll deduction Individual Retirement Account (IRA) for employees to be added to current services provided by ICMA RC at no additional administrative cost by Letter Agreement Addendum.


Staff recommends Council approval to provide employees better options for retirement savings during an economically difficult market.


Item 10 -        Building Activity Report and Monthly Development Activity Report for January and February, 2009


Attached are the reports from Community Development.  Staff recommends acceptance of the reports.


F.                 FINANCE


Item 11 -        Resolution No. 09-20 - Budget Appropriations


The attached resolution appropriates budget for the engineering evaluations for several roof and renovation projects.  Staff recommends approval.





Item 12 -        Second Reading - Ordinance No. 2009-3 – Water Supply Work Plan and Comprehensive Plan Amendments


Staff recommends approval.


Item 13 -        First Reading  - Ordinance No. 2009-4 - Repeal Ordinance No. 2008-19 – Small Scale Future Land Use Amendment – Summit Golf Center


This is a request to approve an amendment to the Future Land Use (FLU) of the subject property to Office/Residential Transition. On October 21, 2008, the City Council adopted Ordinance No. 2008-19. The Office/Residential Transition FLU category allows some residential as part of a mixed-used development at a density of 16 units/acre, which is above the 10 units/acre density threshold for a small-scale land use amendment per Florida Statues. Although the Department of Community Affairs (DCA) had accepted the use of this FLU category with small-scale land use amendments in the past, DCA returned the amendment and requested that the City repeal Ordinance 2008-19 and reprocess the amendment either as a large-scale amendment or as a small-scale using the Warehouse/Industrial FLU category. Staff discussed this with DCA and the applicant and the applicant re-applied for an amendment under the Warehouse/Industrial FLU category. Before the new amendment can be adopted, the original ordinance must be repealed.


Planning Commission Recommendation:      The Planning Commission recommends approval.


Staff Recommendation:   Staff recommends that Council repeal Ordinance 2008-19 that amended the Future Land Use Map of the City of Port Orange Comprehensive Plan-Update ’98 for approximately 9.9 acres of property located at 4116 S. Nova Road, from Conservation to Office/Residential Transition.


Second Reading:   April 21, 2009


Item 14 -        First Reading- Ordinance No. 2009-5  - Small-Scale Future Land Use Amendment – Summit Golf Center


This is a request to amend the Future Land Use Map of the City of Port Orange Comprehensive Plan-Update ’98.  This map amendment is to change the future land use designation of approximately 9.9 acres, located at 4116 S. Nova Road, from Conservation to Warehouse/Industrial. If approved, the owner intends to develop the property with office/warehouse uses.  Please find the staff report attached.


At its February 26, 2009 meeting, the Planning Commission recommended approval, 7-0, of an amendment to the Future Land Use Map of the City of Port Orange Comprehensive Plan-Update ’98.


Staff recommends that Council approve the attached ordinance amending the Future Land Use Map of the City of Port Orange Comprehensive Plan-Update ’98 for approximately 9.9 acres of property located at 4116 S. Nova Road, from Conservation to Warehouse/Industrial, as recommended by the Planning Commission.


Second Reading:   Please note that second reading of the ordinance will be scheduled upon receipt of the Volusia Growth Management Commission (VGMC) certification.


City Manager’s Comments: I still have reservations about this Comprehensive Plan Amendment.  This property has a long history.  Under the current land use designation, there are appropriate land uses for property located within the flood plain.  The last time this project was considered by the City Council, the applicant’s attorney discussed other areas that were in the flood plain.  The difference is that many of those areas were already developed.  What is being asked is to allow a more intense development on this property than is currently allowed by existing rules and regulations.  The property owner acquired the property with full knowledge of permitted uses.  The original developer of the golf center and driving range fully understands the restrictions.  He has acknowledged that he developed the golf center and driving range on this property because of the limitation of the property being in the flood plain. 


Although the City Council has already approved this once, this is an opportunity for the City Council to review whether comprehensive planning this parcel of land to warehouse/industrial is appropriate.  I recommended the first time this item was before the City Council on first reading that the Council not approve the change in land use.  As much as I would like to have the tax base created by the proposed project, in my opinion, this parcel of property has appropriate land use, conservation, and is properly zoned.  Therefore, I will once again offer my recommendation to not approve the amendment to the City’s Comprehensive Plan for the Summit Golf Center.


H.                 PUBLIC WORKS


Item 15 -        Policy Discussion Regarding Sidewalks


In 2000, Council determined sidewalks repairs, previously property owner responsibility, should be the financial responsibility of the City.  The original ordinance addressing this issue, however, was never changed.


Since 2000, sidewalk repairs have cost the City approximately $765,631 (approximately $100,000 per year).  Staff requests Council reconsider their decision and revert back to the original ordinance that places the financial responsibility on the property owners adjacent to the sidewalk.  This would save the City a considerable amount of money.  The ordinance addressing sidewalk construction and repair is attached for your review.


Staff recommends Council reverse their decision making the city responsible for sidewalk repairs and that all sidewalk maintenance and repairs be the responsibility of the adjacent property owners as addressed in Section 58-3 of the Code of Ordinances.


City Manager’s Comments:  Although the Ordinance is on the books, the process needs to be revalidated.  If the City Council desires for us to go this direction, we will revalidate the process.  The dollars that are being spent on sidewalks are dollars taken away from street maintenance and resurfacing.


I.                     ADMINISTRATION


Item 16 -        Approve Contract and Addendum 1 with Stottler Stagg & Associates for Architectural/Engineering Consulting Services


On November 4, 2008, the City Council authorized staff to negotiate a contract with Stottler Stagg & Associates, Inc. for architectural and engineering consulting services related new construction and renovation projects.  The attached contract sets forth standard terms and conditions and requires that projects be authorized by addendums in order to clearly identify the scope of services for each project.  Staff recommends approval of the contract and approval of Addendum 1, which authorizes the following:


1.      Fire Station 73 Re-Roof - $23,900

Funds are available in Account No. 317-1000-580-63-97, Project No. CIP008

2.      City Hall Re-Roof - $24,800

Funds are available in Account No. 317-1000-580-63-97, Project No. AIO008

3.      Allen Green Civic Center Re-Roof - $26,100

Funds are available in Account No. 106-1000-580-62-00, Project No. AIO007

4.      Cypress Head Clubhouse Hardening - $15,860

Funds are available in Account No. 317-1000-580-63-97, Project No. AIO010

5.      Adult Activity Center Renovation Study - $11,920

Funds are available in Account No. 317-1000-580-63-97, Project No. AIO009


Staff recommends that Council approve the contract and Addendum 1 with Stottler Stagg & Associates, Inc. for architectural/engineering consulting services and to authorize the Mayor and City Manager to execute all necessary documents.


Item 17 -        Request from Volusia County Regarding Funding for Mobile Spay/Neuter Clinic


Attached is a letter from Volusia County regarding a mobile spay/neuter clinic.  In April, 2006, Volusia County began offering a spay/neuter clinic.  In June, 2007, Volusia County passed a mandatory spay/neuter ordinance and asked cities to share the cost of a second mobile spay/neuter clinic.  Volusia County states that the facility is not being fully utilized.  Based on facility use, the County Council has agreed to offer the clinic at no charge to the cities for the remainder of the fiscal year that enact a mandatory spay/neuter ordinance.  After September 30, 2009, city participation would be required.  This item is presented to Council for consideration at this time.


City Manager’s Comments:  The spay and neuter ordinance may not be a bad idea.  Note that the City of Port Orange would be responsible for paying for a portion of the operating cost of the mobile van after September 30 if we participate in the clinic during the free period.  The thought process is that we would be holding down the pet population and having an impact on future cost associated with the Halifax Humane Society contract.  I discussed this recently with the Police Chief.  As described, this is an additional cost to the City of Port Orange.  What is our cost?  It would depend on the number of animals handled by the clinic.  This would be in addition to the animal shelter contract.


J.                  COUNCIL COMMENTS


Item 18 -        Comments/Concerns from Council Members


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