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 21, 2009


Date:               July 13, 2009




A.                 OPENING


Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call





Item 4 -           Recognition of pogTV  Film Festival Winners


The goal of the Port Orange Government TV (pogTV) Film Festival is to enhance and encourage the educational experience of the participants by providing a real world educational opportunity beyond the classroom and offer students an avenue by which to showcase their talents.


Now in its second year, pogTV Film Festival received 11 shorts films.  The judging was based on creativity, technical merit, production abilities, and concept. 


The first place winner in the College Film Group with the suspenseful “The Drifter,” was Craig Calamis from the University of Central Florida.  Second place in the college group went to Chris Tharp from the University of Central Florida with the creative “The Coffin Maker.”


In the High School Film Group, Spruce Creek High School filmmakers Andrew Willis and Brandon Sanichar won with the unique “With My Own Two Eyes.”  Caroline Given from Father Lopez High School won second place with the emotional film called “Guaranteed Tomorrow.”  


Staff recommends that Council recognize the 2009 Port Orange Govt. TV Film Festival Winners and present awards.


City Manager’s Comments:  Sponsors provided the money for the film festival.  The purpose of the festival is to provide encouragement to our high school and college students.  This is the second year of the festival.  If you have not seen the productions, I would encourage you to watch them.  I think you will be impressed with the creativity demonstrated by the films. 


City Manager’s Comments on Items 5 to 9: Margaret Roberts contacted several local attorneys about providing ombudsman services to our residents after the recent storm event.  Four local attorneys came forward to offer their services to our citizens at no cost.  On Tuesday night, the City Council will have an opportunity to recognize the attorneys for their service to the community.


Item 5 -           Special Recognition to Diego Handel


Attached is a proclamation recognizing Diego Handel for his assistance he provided to residents during the storm in May.


Item 6 -           Special Recognition to Charles Moore


Attached is a proclamation recognizing Charles Moore for his assistance he provided to residents during the storm in May.


Item 7 -           Special Recognition to William Seitz


Attached is a proclamation recognizing William Seitz for his assistance he provided to residents during the storm in May.


Item 8 -           Special Recognition to George Trovato


Attached is a proclamation recognizing George Trovato for his assistance he provided to residents during the storm in May.


Item 9 -           Special Recognition to Bea Melcher


Attached is a proclamation recognizing Bea Melcher.  Ms. Melcher is a student at Atlantic High School and was recently awarded the 2009 Alexander Hamilton Citizenship Achievement Award.


Item 10 -        Proclamation of the City of Port Orange Affirming Partnership with the U. S. Census Bureau


Attached is a proclamation affirming the partnership with the U. S. Census Bureau for the 2010 Census.


City Manager’s Comments:  2010 is the Census year.  It is extremely important that people be counted.  Many of our revenue sources are based on population.  Congressional Districts are based on population as well as State House and Senate Districts.  In 2000, the City of Port Orange created a complete count committee and did several things to encourage our residents to be counted.  The County already has a complete count committee formed to encourage residents to participate in the 2010 Census.  This proclamation is the first indication of the City’s support of the 2010 Census and encouraging our residents to participate in the upcoming Census.


C.                SPECIAL REPORTS


Item 11 -        Update on Rose Bay – Paul Haydt


Paul Haydt will be present at the July 21 Council Meeting to provide Council with an update on the Rose Bay project.


Item 12 -        Shoreline Habitat Restoration and Management Plan


Previously, you were provided a colored copy of the Plan.  The City of Port Orange is one of several coastal communities within the boundaries of the St. Johns River Water Management District’s Northern Coastal Basin program. The City participates in an inter-agency group formed by the District in June 2007, with the goal of developing and demonstrating best management practices for shoreline development and restoration.   Under the leadership of Paul Haydt, the District has completed a comprehensive survey of the shoreline in Port Orange, and has identified six (6) areas for pilot restoration projects.  To compliment and further the District’s efforts, the City employed Denis Frazel, Frazel, Inc., to develop a comprehensive Shoreline Habitat and Restoration Management Plan for the City.  


This Plan includes the District’s recommended shoreline restoration projects, as well as best management practices to guide the City as it develops and redevelops along its shoreline. Modifications to the City’s Comprehensive Plan and Land Development Regulations are also recommended to support shoreline habitat restoration and management, and to ensure that required mitigation for shoreline impacts are undertaken within the community.   Mr. Frazel will be presenting the final draft of his plan to the City Council.


D.                CITIZEN PARTICIPATION (Non-Agenda – 15 Minutes

E.                 CONSENT AGENDA


Item 13 -        Approval of Minutes


Staff recommends that Council approve the following minutes:


a.                                          May 5, 2009 – Regular City Council Meeting

b.                                          May 19, 2009 – Special City Council Meeting

c.                                          May 19, 2009 – Regular City Council Meeting

d.                                          May 26, 2009 – Special City Council Meeting

e.                                          May 26, 2009 – Regular City Council Meeting

f.                                            June 2, 2009 – Regular City Council Meeting

g.                                          June 16, 2009 – Special City Council Meeting

h.                                          June 16, 2009 – Regular City Council Meeting


Item 14 -        Update on Construction Projects


Attached is the update on Construction Projects.  Staff recommends acceptance of the report.


Item 15 -        Update on Recreational Facilities


Attached is the update on Recreational Facilities.  Staff recommends acceptance of the report.


Item 16 -        Road Construction Report


Attached is the Road Construction Report.  Staff recommends acceptance of the report.


Item 17 -        Port Orange Police Department’s Request for Use of the Kenneth W. parker Amphitheater for National Night Out Against Crime – August 4, 2009


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 on August 4, 2009.  This is a national event to promote Police/Community partnership.  The event would be from 3:00 p.m. to 9:00 p.m.  Staff recommends approval.


Item 18 -        “Piggyback” Clay County and City of Jacksonville for Assorted Playground Equipment


Clay County and the City of Jacksonville have bids and subsequent contracts with Rep Services Inc. for misc. and assorted playground equipment.  Clay County’s bid and contract is for a 20’ Poligon with a cost of $14,346 installed.  The City of Jacksonville’s bid and contract is for assorted playground equipment from which staff has chosen many items.  These assorted items total $69,770.68 installed.  Both Poligon and assorted playground equipment will be installed and used for Buschman Park.  Staff recommends that Council approve these “piggybacks” and award the purchase of the playground equipment to Rep Services Inc. for a grand total of $84,117.39.  Funding is from CDBG Grant money, Account No. 110-1904-554-6397, Project QPC 033.


Item 19 -        Building Activity Report and Monthly Development Activity Report for May and June, 2009


The attached Staff Reports include the Monthly Development Activity Report and the Building Activity Report for May and June, 2009.  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 these reports.


F.                 TABLED ITEMS


Item 20 -        Second Reading – Ordinance No. 2009-4 – Repeal Ordinance No. 2008-19 – Small Scale Future Land Use Amendment – Summit Golf Center (Tabled 4/28/09)


It is recommended that this item remain on the table.


City Manager’s Comments:  This item will need to be removed from the table at the City’s July 28 City Council Meeting for an update.  By Council procedural rule, the City Council is updated on all items that have been on the table for at least 90 days from the last discussion.


G.                FINANCE


Item 21 -        Second Reading – Ordinance No. 2009-11 – Authorization and Issuance of Water and Sewer Revenue Bonds, Series 2009


Staff recommends approval.


City Manager’s Comments:  We have moved into the target zone where it makes sense to consider refunding certain maturities of outstanding water and sewer bonds.  It appears that we will have about 4.5% savings on these maturities.  It could result in savings over the period from 2009 to 2016 of a total of about $500,000.  Toby Wagner, the City’s Financial Advisor, will be providing us with an update on Monday and Tuesday as to exactly where we are in terms of savings.  This will give us an indication of market conditions and whether we can achieve our savings goal.  We are not extending the terms of the agreement nor are we receiving any new money.  This is totally an attempt to reduce our debt service cost for certain periods of time because of the market conditions.  You have received the disclosure of the estimated cost of the refunding.  That was provided to you several days ago.  If you need another copy, please let Becky know. 





Item 22 -        Second Reading – Ordinance No. 2009-9 – Amending Chapter 15, Section 8(e) of the Land Development Code Relating to Establishing Parameters for the Reconstruction of Non-Conforming Off-Site Signs Following a Catastrophe (Continued to Date Certain of July 21, 2009)


It is recommended that this item be continued.



Item 23 -        First Reading – Ordinance No. 2009-14 - Rezoning and Approving a Master Development Agreement and Conceptual Development Plan – Bermuda Village PUD


This is a request to rezone 0.72 acres from Volusia County “R-4” (Urban Single-Family Residential) to City of Port Orange “PUD” (Planned Unit Development) and the Master Development Agreement (MDA) for the Bermuda Village PUD, subject to the following:


·        Including language in the MDA regarding the installation and maintenance of the 6’ “living wall”;

·        Revising the rear setback to be 18’ for the ground floor and 20’ for the second floor;

·        Decreasing the height of the structure or removing the rooftop cupolas; and

·        City Council approval of the two policy considerations as defined in the attached staff report.


On May 1, a revised copy of the MDA and CDP was resubmitted which addressed the conditions set forth by the Planning Commission. If the request is approved, the PUD will provide the regulatory framework for the development of a 5-unit multi-family building along with associated infrastructure and stormwater improvements. Please see the attached staff report for more information regarding the proposed PUD and the two policy considerations. 


Planning Commission Recommendation:      The Planning Commission recommends approval 6-1 (Commissioner McMasters dissenting).


Staff Recommendation:   Staff recommends approval.


Second Reading:               August 18, 2009


Item 24 -        Resolution No. 09-46  - Fiscal Year 2009-2010 Community Development Block Grant (CDBG) Action Plan


The City of Port Orange has completed the public comment period and all necessary public notices regarding projects and activities selected for funding from fiscal year 2009-2010 Community Development Block Grant funds.


The following projects/activities have been selected:


Planning/Administration                                                       $  57,197.00

Buschman Park Improvements Phase 2                            $100,000.00

Adult Activity Center Improvements                                    $128,772.00


Submission deadline for the completed and approved FY 2009-2010 CDBG Action Plan is August 15, 2009.


Staff recommends that Council approve the Fiscal Year 2009-2010 Community Development Block Grant (CDBG) Action Plan.


Item 25 -        Request to Waive or Reduce the Minor Subdivision Application Fee for Royal Palm


On June 3rd, Zev Cohen & Associates, Inc., applicant on behalf of Winston James Development Inc., property owner, submitted a Minor Subdivision/Exemption Application to shift a lot line between two established lots within Phase III of the Royal Palm Subdivision.  The shift was requested to accommodate the placement of a duplex unit outside of an established 10’ drainage easement.  Staff has reviewed and approved the request.


The applicant is also requesting that the City Council reduce or waive the $2,000 Minor Subdivision/Exemption Application fee (see attached letter dated June 3, 2009).  Due to the simplicity of this request and that no new lots were created, significantly less amount of staff review time was required than would be for a typical Minor Subdivision/Exemption Application.  The cost for staff’s review of this application was calculated at approximately $350. 


City Manager’s Comments: This is a reasonable request based on the actual cost associated with the project. 



I.                     ADMINISTRATION


Item 26 -        Second Reading  - Ordinance No. 2009-13 – Amending Chapter 54, Article IV of the Code of Ordinances Regarding Fire-Rescue Pension Fund


Staff recommends approval.


City Manager’s Comments: You have received the actuarial statement related to this item.  It actually reduces the amount the City has to place into the Plan this next year by about $20,000.  That number may be more or less depending on the actual number of people who select to participate in the BAC DROP Plan.  The savings are created by lower salary figures caused by participants entering the BAC DROP program.   I provided that information to you last week after we received it from the Plan actuary.   


Item 27-         Discussion of a JPA with the Cities of Daytona Beach, South Daytona, Holly Hill, Ormond Beach, Port Orange, Volusia County, FDOT, and St. Johns River Water Management District Related to Flooding that Occurred Along the Nova Canal, Halifax Canal, 11th Street Canal, and Reed Canal


In May, the flooding that occurred along all of these canals produced devastating results.  Because of the interconnectivity of the canal system, it is being proposed that a joint effort be made to study the canal system and then design improvements that will address the whole canal system, not just portions that are in the individual cities. 


The group would select a consultant to model the basin and then design improvements that would address the issues that occurred in May.  The proposed JPA continues to evolve.  I have several comments related to the JPA that I will share with the Council on Tuesday night.


I concur that we need to look holistically at the canal system.  I think we need to look at how we capture the water that is draining down the canal each and every day and find a way to reuse that valuable resource.  Second, I believe that the project should be more than a drainage project.  I think it should have an element that takes the stormwater to the west and places it into containment areas in the recharge area.  The agreement anticipates a joint funding agreement at some time in the future as well as potentially sharing the operational cost associated with the maintenance and operation of the facilities that will be constructed.  There is a governance issue that needs to be addressed in the agreement.  Also, I believe that it would be more beneficial for the entities to enter into the agreement among the cities and the county rather than using the East Volusia Regional Water Authority.  We may want to designate the EVRWA as the operating entity or the administrative entity, but it appears to me that we would want to have the agreement directly with the governing bodies of the individual cities and the county, not an entity like EVRWA.


I will provide you with the latest version of the Interlocal Agreement. 



J.                  COUNCIL COMMENTS


Item 28 -        Comments/Concerns from Council Members


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