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

October 27, 2009


Date:               October 19, 2009



A.        OPENING


Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call



B.                 SPECIAL REPORT


Item 4 -           Report from KemperSports Management


A representative of KemperSports will make a report to Council regarding The Golf Club at Cypress head.





Item 5 -           2009 Crime Prevention Practitioner Award


The Florida Crime Prevention Association recognizes and honors law enforcement and community partners for their exceptional efforts toward preventing crime, while educating and involving their communities in effective long-lasting prevention strategies.  This year, the Florida Crime Prevention Association has selected Officer David Miller as the 2009 Crime Prevention Practitioner of the Year.  This statewide award recognizes Officer David Miller for his innovative programs and initiatives all reaching out to the community facilitating partnerships of assistance, interaction, and cooperation.



D.                CITIZEN PARTICIPATION (Agenda)


Item 6 -           Introduction of Beverly Johnson – New Director of the YMCA


At this time, Council will welcome Beverly Johnson as the new Director of the Port Orange YMCA.



E.                 CITIZEN PARTICIPATION (Non-Agenda)

F.                 CONSENT AGENDA


Item 7 -           Project Managers’ Report


Attached is the Project Managers’ Report.  If you have questions, please contact any of the Project Managers or me.


Item 8 -           Approval of the Range and Training Facility Agreements


The Port Orange Police Department is requesting approval to enter into the attached agreements permitting Port Orange Police Officers use of the New Smyrna Beach Police Department’s shooing range and training facilities.  These agreements may be canceled by either party upon thirty (30) days written notice and will terminate within one (1) year from date of signature.  The City of New Smyrna Beach is requesting a $300 per year contribution to assist with maintenance costs for the use of the above-mentioned facilities.


Staff recommends that Council approve the pistol range and training facility agreements with New Smyrna Beach Police Department.



Item 9 -           Amendment to Authorized SHIP Assistance Loans


On June 16, 2009, the Port Orange City Council authorized SHIP assistance loans to five eligible very low income homeowners for replacement of roofs and exterior painting in conjunction with World Changers. All five loans were authorized up to and not to exceed $6,000.  The original maximum award anticipated utilizing volunteer labor to install the roofs and paint the homes. Due to State regulations and liability concerns about under age volunteers working on roofs, the City elected not to permit volunteer labor to install the roofs.  This amendment is required in order for a licensed contractor, utilizing paid labor, to complete the roofing work on all five homes in place of volunteer labor.


This request for a revised maximum award amount of $10,000 per household is sufficient to cover all work and takes into account possible unforeseen expenses that may be required if additional wood sheeting or other structural roof repair is required once the existing roofing has been removed. The assistance provided and corresponding loans will only be in the amount of actual expenses. 


The total estimated cost for paint materials, roofing materials, and installation costs are as follows:  247 Leisure Circle - $8,560.15; 206 Gibson Way - $6,151.33; 412 Church Street - $6,505.33; 465 Wales Avenue - $5,519.83; and 208 Gibson Way - $6,559.83. 


Staff recommends that Council grant authorization to execute SHIP assistance loans for five (5) eligible very low income households, each in an amount not to exceed $10,000.00.


Item 10 -        Validation of Sole Source Vendors for Standardization Purposes


Public Utilities’ infrastructure consists of a very elaborate and complex system of pumps, motors, generators, and other equipment necessary to operate and monitor the City’s wells, remote pumping stations, and lift stations as well as our water treatment and sewer/reclaimed plant facilities.  In accordance with City policy and procedures, the Department implements competitive bid and purchasing practices whenever possible.


In some instances, however, it is neither possible nor practical to obtain competitive quotes due to the specialized nature of certain equipment and services.  When these circumstances occur, it is often due to the fact that specific parts, materials, and accessories must be purchased from either the original manufacturer or an authorized distributor.  Equipment standardization is another very important consideration.  For example, the City operates more than 120 lift stations.  It is simply not practical nor is it feasible for in-house mechanics and operators to be trained and skilled in the repair and preventative maintenance of multiple brands and models of pumps and motors. 



Few vendors are utilized on an annual basis for specific products and services that exceed $25,000. Staff recommends the waiver of bid procedures and validation of the following vendors as a sole source for standardization purposes.


  • Barney’s Pumps – supplier of parts and services for pumps at water and sewer treatment plants, reclaimed lakes, remote pumping stations, wells, and lift stations.
  • Data Flow Systems – proprietary supplier of parts and service for all telemetry control equipment supporting lift stations, wells, and both plants. 
  • Diamond Quest – supplier of parts and service for all security control equipment at treatment plants and remote storage and pumping facilities.
  • Sanders Company - supplier of parts and service and only area distributor for Smith & Loveless lift stations.


Staff recommends Council approval to waive bid procedures and validate Barney’s Pumps, Data Flow Systems, Diamond Quest, and the Sanders Company as Sole Source Vendors for standardization purposes.  


Item 11 -        Workforce Development Grant


This is a request to submit a grant through Workforce Development (Center for Business Excellence) and would allow the Fire and Rescue Department to train new supervisors in leadership skills.  The grant would help stretch the Department’s training budget by offsetting some or perhaps all costs of some training.  Staff recommends that Council approve the submittal for a grant that will help with training of personnel in the amount of $975.


Item 12 -        Request to Reduce the Minor Subdivision Application Fee


On September 29th, Winston James Development Inc., property owner/applicant, 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 single-family unit outside of a required side yard setback.  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 September 29, 2009).  Due to the simplicity of this application, significantly less staff review time was required, as would be typical for a Minor Subdivision/Exemption Application.  The cost for staff’s review of this application was calculated at $350. 



G.                TABLED ITEMS


Item 13 -        Second Reading- Ordinance No. 2009-4  - Repeal Ordinance No. 2008-19 Small Scale Future Land Use Amendment – Summit Golf Center (Tabled 4/28/09; re-tabled 7/28/09; re-tabled 10/6/09)


Staff recommends that this item remain on the table.



H.                 FINANCE


Item 14 -        Resolution No. 09-89 -  Budget Appropriations – Budget Project Carryovers


At the City’s fiscal year ending September 30, 2009, budget appropriations lapse.  The attached resolution re-establishes the appropriation for funding of Project RIM002, Reclaimed Water Augmentation Project, and DIP032, Spruce Creek Road Drainage Project that was either not completed or started by the fiscal year end.  This carryover appropriation re-establishes proper budget project funding and budgetary alignment of these projects.  Staff recommends approval of the attached resolution.


Item 15 -        Resolution No. 09-90 - Budget Appropriations


The City Staff has completed a review of the Fiscal Year 2009 Budget Execution.  The attached budget resolution provides for the recognition of the budget changes recommended from this review.


Item 16 -        Monthly Financial Report


Attached is the Monthly Financial Report.  If you have questions, please contact John Shelley or me.



I.                     COMMUNITY DEVELOPMENT


Item 17 -        Second Reading – Ordinance No. 2009-14 – Rezoning and Approving a Master Development Agreement and Conceptual Development Plan – Bermuda Village PUD (Continued to Date Certain of October 27, 2009)


Staff recommends approval.



Item 18 -        Second ReadingOrdinance No. 2009-21 – Amending Chapter 4 and Chapter 21 of the Land Development Code Relating to Concurrency and Impact Fees


Staff recommends approval.


Item 19 -        Resolution No. 09-91 - Adopting Support Documents for Ordinance No. 2009-21


This proposed Resolution will formally adopt support documents referenced in Ordinance No. 2009-21.  These support documents include standard operating practices and procedures used by other local governments and state government in the review of development applications in order to demonstrate transportation concurrency and that have the potential to impact transportation facilities operated by other government agencies.  At such time that changes are made to any of these documents, a City resolution will need to be adopted recognizing and adopting the new or revised regulations. The support documents shall be kept on file in the City Clerk’s Office and Community Development Department.


Staff recommends that Council approve the attached resolution adopting the referenced documents in support of Ordinance No. 2009-21 amending Chapter 4 and Chapter 21 of the Land Development Code.


Item 20 -        First Reading - Ordinance No. 2009-23 - Amending Chapter 13, Section 3.5 and Chapter 16, Section 3, of the Land Development Code Regarding the Construction of Permanent Screening Walls/Fences and Temporary Construction Fences


At the August 18, 2009, City Council meeting, the Council directed Staff to propose an amendment to require construction of the permanent screening wall prior to issuance of the C.O. and to allow temporary construction fences as soon as a site is cleared to mitigate the impacts of construction activity on a development site.  Staff recommends that Council approve the attached ordinance adopting the proposed amendments to Chapter 13, Section 3.5, and Chapter 16, Section 3, LDC, regarding the construction of permanent screening walls/fences and temporary construction fences.


Planning Commission Recommendation:      The Planning Commission recommended approval 5-0 (Commissioners Barker and Armenio excused) of the proposed amendments to Chapter 13 and Chapter 16 regarding permanent screening walls/fences and temporary construction fences.


Staff Recommendation:   Staff recommends approval.


Second Reading:   November 10, 2009



Item 21 -        First ReadingOrdinance No. 2009-24 - Amending Chapters 2 and 15 of the Land Development Code Relating to Signage Requirements


At the December 2, 2008, City Council Meeting, the Port Orange/South Daytona Chamber of Commerce’s Economic Development and Government Affairs Committee requested that the City look into changes to the signage requirements of the Land Development Code (LDC). Staff evaluated the Chamber’s request and developed concepts and recommendations to achieve a more efficient and user-friendly sign code. Once the concepts were finalized, staff presented them to the City Council and Chamber at the Chamber Board of Directors meeting on April 22, 2009, to gather input and gauge their acceptance.  The Council and Chamber agreed in principle with the concepts and provided input on ways to enhance the aesthetic appearance of signage within the City. 


Planning Commission Recommendation:      At its July 23, 2009, meeting, the Planning Commission recommended approval 6-0 (Commissioner Booth excused). The amendments to the LDC will improve Chapter 15 with regard to content, current interpretations, emerging technology with regards to signage, and overall appearance.


Staff Recommendation:   Staff recommends approval of the attached ordinance amending Chapters 2 and 15 of the City’s Land Development Code regarding signage requirements, as recommended by the Planning Commission per their meeting on July 23, 2009, incorporating the staff report dated July 17, 2009.


Second Reading:   November 10, 2009


Item 22 -        Resolution No. 09-86 – Proposed Utility Easement Vacations – Harbordale Subdivision, Part of Lot 4, Lot 5, and Lot 6 (5454 and 5468 Ridgewood Avenue) (Continued to Date Certain of October 27, 2009)


The Community Development Department has received a request to vacate Utility Easements located on a part of Lot 4, Lot 5, and Lot 6 of the Harbordale Subdivision. The subject easements were originally written to cover the entire parcels except for where buildings were located for a sanitary sewer pump and service line that are no longer functional. The property owner has made this request in connection with a desire to clear title to the land for a proposed property sale.  The easement vacation application and legal descriptions have been reviewed for completeness and accuracy. The area has been inspected with respect to the existence of utility improvements, City Codes, and possible effects to adjacent properties. There are no currently planned drainage or utility improvements proposed for this area. The easements may be vacated, as described in the attached Exhibit “A” and Exhibit “B”, to the extent that they are not being used.


Staff recommends that Council approve the attached resolution vacating Utility Easements located on part of Lot 4, Lot 5, and Lot 6 of the Harbordale Subdivision, per the attached legal descriptions.


Item 23 -        Final Plat and Plans, Subdivision Improvement Agreement (SIA), and Taylor Road Right-of-Way Easement Agreement – Altamira Shopping Village


This is a request to address the LDC requirement for the dedication of right-of-way toward the ultimate 100’ right-of-way width for Taylor Road.  The property owner will provide a right-of-way easement to the City. The easement reserves the use of the land along the south side of property for the future expansion of Taylor Road in the event that the right-of-way for Yorktowne Boulevard is not dedicated to the City. If Yorktowne Boulevard is extended to Taylor Road from its current terminus at Dunlawton Avenue, the right-of-way easement would be released since the expansion of Taylor Road would not be required. The easement ensures that road improvements needed in the vicinity of the I-95 interchange area can be made, whether it is through the expansion of Taylor Road or the extension of Yorktowne Boulevard.


Planning Commission Recommendation:   The Planning Commission recommends approval (4-0, Barker, Lasky, and McMasters excused) of the Final Plat and Plans for the Altamira Shopping Village Subdivision.  The 14.4-acre site is located on the east side of Dunlawton Avenue, north of Taylor Branch Road. If approved, the property will be split into five commercial lots with cross access easements and a shared stormwater retention area.


Staff Recommendation:   Staff recommends approval.



J.                  ADMINISTRATION


Item 24 -        Resolution No.  09-92 – Purchase Land for Drainage Improvements (Spruce Creek Estates)


This is a parcel of property located at the end of Spruce Creek Road.  It has direct access to Spruce Creek.  The historic ditch that runs along Spruce Creek Road discharges at this location.  You can see the ditch on the property.  Also, the property has an FPL power line easement across the property.  The City does have utility and drainage easements in place that would connect the ditch on our southern city limits to the property.  SunTrust has foreclosed on the property.  According to the property appraiser’s website, the property was acquired for $199,000.  SunTrust had a mortgage on the property.  SunTrust will take $75,000 for the property.  It is within a couple of thousand dollars of what the Volusia County Property Appraiser has valued the property.  In discussions Linda Johnson has had with SunTrust, they indicated that they have two offers, one for $70,000 and another for $50,000 on this property.  We have provided them with a signed contract subject to City Council approval.  If the City Council approves this acquisition, we will have a very short due diligence period as well as a short time to close on the property.


This property accomplishes two things:


First, it provides direct access to Spruce Creek.  Currently, there is no public access to Spruce Creek in this section of the City.  Potentially, this would allow public access to the Creek.  Second, it provides the outfall that we need to resolve stormwater issues in Riverwood (Yellowstone), Spruce Creek Estates (the entry intersection back about two blocks), and River Oaks (will assist the properties that back up to the Spruce Creek ditch and side ditch that runs along the southern boundary of River Oaks) .  Also, we are working on an additional outfall for the River Oaks properties, too, since their retention pond is located in a closed basin.  However, this property is not needed for the additional outfall. 


According to Warren, this property is needed to accomplish the stormwater relief.  This is the property that we pipe to during a major storm event.  We run the pipe to the old ditch and place our discharge pipe into the old ditch.  Ultimately, we would improve the ditch and put in the facilities that would help remove sediments before it is finally discharged into the Creek. 


We are working on two additional contracts for land acquisitions in this area.  Both are needed for retention and conveyance purposes.  Prior to Tuesday night, let me encourage you to visit with Warren as well as visit the property so you can see its value to the City and also the restraints that are on the property as well.  Also, while you are there with Warren, let him show you the two additional parcels of land that will be coming forward for your consideration.  Finally, all three parcels are located in the unincorporated areas of Volusia County. 



K.                 COUNCIL COMMENTS


Item 25 -        Comments/Concerns from Council Members


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


Item 26 -        City Council Committee Reports


At this time, Council Members may report on various committees to which they have been assigned.