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

                        May 5, 2009


Date:               April 29, 2009




      A.        OPENING


Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call




Item 4 –          Elementary Schools Art Contest Winners


The Port Orange Police Department in cooperation with Wal-Mart is promoting crime prevention in the City of Port Orange by sponsoring a Crime Prevention Art Contest at all six elementary schools in Port Orange – kindergarten through fifth grade.  First place winners from each of the six elementary schools will receive a certificate, new bicycle and a new bicycle helmet.


Item 5 –          Proclamation – National Public Works Week


At this time Mayor Green will read a proclamation honoring National Public Works Week.


Item 6 –          Proclamation – Honoring Port Orange Coaches


At this time Mayor Green will honor and present proclamations for (seven) voluntary coaches from the Parks and Recreation Department.


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


D.                CONSENT AGENDA


Item 7 –          Approval of Minutes


Attached are the minutes of the following meetings:


March 3, 2009           -  Regular Council Meeting

March 17, 2009         -  Special Council Meeting

March 17, 2009         -  Regular Council Meeting

March 24, 2009         -  Special Council Meeting

March 24, 2009         -  Regular Council Meeting


Staff recommends approval.


Item 8 -           Update on Construction Projects


Attached is the report on Construction Projects. If you have questions, please contact either Mark Hampton or me.


Item 9 -           Update on Recreational Facilities


Attached is the update on Recreational Facilities.  If you have questions, please contact either Susan Lovallo or me.


Item 10 -        City Attorney’s Report



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


Item 11 –       Road Construction Report


Attached is the Road Construction Report.  If you have questions, please contact either Warren Pike or me.


Item 12 -        Administrative Code Changes for the City Attorney’s Office


The position for the Assistant City Attorney has been open and unfilled since January 2009.  The City of Port Orange currently employs two paralegals who also possess law degrees.  Each of the paralegals has knowledge of and experience with the staff members, procedures, policies and ordinances of the City and the City Attorney’s Office.  Based upon their background and interest, the City Attorney determined that one or both of these individuals would be the best candidate as the Assistant City Attorney.  Both paralegals were given the opportunity to secure a Florida license to practice law and both await the final determination for licensing. 


The City Attorney is requesting an administrative code change to provide an opportunity to organize the office to make the most efficient use of the talents held by the legal staff currently employed.  The code change will enhance and broaden the decision making responsibility for rendering legal opinions and reviewing legal documents by the licensing of two current staff members as attorneys.  One paralegal position shall remain open and unfilled.  The changes do not require additional staffing or additional appropriation. 


Current and proposed organizational charts for the City Attorney’s Office are attached for the City Council’s consideration. 


City Manager’s Comments:  Some months ago, the Assistant City Attorney resigned for another position.  Fortunately for the City, two of the paralegals working in the City Attorney’s Office are degreed attorney’s who are licensed to practice in other states.  Both have recently taken the Florida Bar Exam.  The proposed organization chart would recognize and allow the City to use their skills as an attorney rather than as a paralegal.  One has been notified that they have passed the exam.  The other has asked for a recount since the margin was three points.  We are very fortunate to have both these individuals working for us.  If this change is made, Margaret would have the option of moving the individual who passed the exam immediately into the assistant position and under filling the other Assistant City Attorney position with a paralegal.  Margaret and I have talked about the budget impact.  She believes she can stay within the existing budget even with this change. 


E.                 BOARDS AND COMMISSION


Item 13 -        Report from the Advisory Boards


Youth Advisory Board


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


F.                 PUBLIC SAFETY


Item 14 -        Second Reading – Ordinance No. 2009-8 – Amending Chapter 18-227 of the Code of Ordinances Relating to Wrecker and Towing Services Liability Insurance.


Staff recommends that Council adopt the attached ordinance amending Chapter 18-227 of the Code of Ordinances relating to Wrecker and Towing Services Liability Insurance.


Item 15 –       Resolution No. 09-31 – Traffic Enforcement Agreement – Sabal Creek Homeowners Association


The City of Port Orange and the Sabal Creek Homeowners Association entered into a Traffic Enforcement Agreement on May 10, 2004.  This agreement has been renewed for two additional two-year periods and expired on September 30, 2008.


The Sabal Creek Homeowners Association elected to delay its renewal of the agreement and now desires to renew the term of the agreement for an additional two-year period expiring on September 30, 2010. 


G.                ADMINISTRATION


Item 16 -        Workshop Regarding 90 Dunlawton


Mayor Green has requested that the City Council discuss 90 Dunlawton, better known as Seabird Island.  The purpose of the workshop is to provide staff with guidance as we work through a discussion with the property owner.  The following are some questions that you may want to consider prior to Tuesday night. 


1.)        In the long term, should Seabird Island be redeveloped into a use other than mobile homes?


2.)        In the long term should Seabird Island be allowed to redevelop with a marina including a marina store component?  


3.)               In the long term should a luxury hotel not to exceed 84 foot in height be a permitted use on Seabird Island?


4.)               In the long term, should a single family residential development with a height restriction not exceeding 45 feet be a permitted use on Seabird Island?


5.)        Should the City pursue creating a Planned Community Three with the following allowable uses:


a.)        Marina component and related commercial activities necessary to support Marina activities.


b.)               Luxury hotel that would include restaurant, ballroom space, and small meeting areas as long as the height does not exceed 84 feet.


c.)                A single family residential development to not exceed 8 units per acre with a height limit of not more than 45 feet.


d.)               Is public access to the river an essential component for redevelopment of Seabird Island?


I would anticipate in the planned community document that we would more fully define luxury hotel; more fully define the marina and marina related businesses; and more fully define the types of single family residential uses that would be allowed to be constructed on Seabird Island. 



H.                 COUNCIL COMMENTS


Item 17 -        Comments/Concerns from Council Members


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


I.                     ADJOURNMENT