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
December 8, 2009
Date: November 30, 2009
Item 1 - Pledge of Allegiance
Item 2 - Silent Invocation
Item 3 - Roll Call
B. SPECIAL RECOGNITION AND PROCLAMATIONS
Together, State Farm and their agents have given $500
towards the establishment of a Community Sharps Disposal Program in order to
offer residents a place to safely dispose of bio-hazard waste, such as used
needles and syringes. The program offers
residents and visitors a site to be able to drop off filled sharps containers
at any of Port Orange Fire-Rescue’s fire stations for disposal. It also offers free replacement containers to
C. SPECIAL REPORT
The Florida Department of Environmental Protection has recently conducted public workshops regarding the Federal Ground Water Rule (GWR), and provided guidance documents to help public water systems implement requirements for compliance associated with the new regulations, effective December 1, 2009.
The primary goal of the GWR is to provide increased public health protection for consumers of water from public water systems that use ground water. A key aspect of the GWR is to identify public ground water sources that are susceptible to fecal contamination. The rule is also intended to ensure the water system provider take corrective action to eliminate the source of contamination.
The Public Utilities department will provide a presentation summarizing the requirements of the new rule and explain the significant procedural impacts as it pertains to daily operations and communications through public notification.
City Manager’s Comments: There are changes occurring related to Ground Water Rules. The purpose of the presentation is to provide information to the City Council and the public related to the changes and how it potentially impacts the community.
D. CITIZEN PARTICIPATION (Agenda)
Mike Miller of the Campaign for Working Families and VITA Site Coordinator will make a presentation to Council regarding the free tax preparation service provided for Volusia and Flagler residents.
E. CITIZEN PARTICIPATION (Non-Agenda – 15 Minutes)
F. CONSENT AGENDA
A re-bid for Audit Services was conducted with a new Selection Committee performing the evaluation and final ranking. Seven submittals were received, which were short listed down to four for oral presentations. Upon conclusion of the orals, the Committee formulated their final ranking. That ranking is as follows:
1. Brent Millikan & Company
2. Hoyman Dobson
3. James Moore & Company
4. McDirmitt Davis
Funding for this service is budgeted in the 401, 410, 412, and 001 funds.
Staff recommends that Council approve this ranking and that they further approve the engagement letter submitted by Brent Millikan & Company for this service of $48,000 for FY2009; $50,000 for FY2010; and $52,000 for FY2011.
Nine bids were received for the above-referenced
project. The lowest bid, which was
received from Advanced Commercial Contractors in the amount of $214,919, was
incomplete in its paperwork, leaving staff unable to evaluate them and their
subs. Additional time was afforded the
contractor to submit the documents; however, the submittals were not received
in the time allotted. Therefore, staff
deemed the bid as non-responsive. The
second lowest bid was received from Misiano
Construction Company from
City Manager’s Comments: The lower bidder has submitted a protest. A protest hearing has been scheduled. I may ask the City Council to pull this item from consent in order to deal with the protest issue on December 8.
In 2007, the City, in partnership with
The attached agreement identifies the
responsibilities of both
Staff recommends that Council approve the Joint
Participation Agreement between the City of
The Fire Pension Board has elected Frank Sheridan as the fifth member of the Fire Pension Board. The Pension Board is seeking Council approval of the appointment of Frank Sheridan to the Fire Pension Board for a two-year term which will expire on December 31, 2012.
City Manager’s Comments: The Pension Board has the responsibility to make a recommendation to the City Council on the fifth member of the Pension Board. The options open to the City Council are: accept the recommendation of the Pension Board or reject the recommendation to the Pension Board. If the City Council rejects the recommendation of the Pension Board, it goes back to the Board to consider other potential nominees. There is nothing in State Law that would prevent the Board from resubmitting the same name to the City Council again.
With that said, Frank Sheridan has served the Fire Pension Board well over the years. He has served as the Chair of the Board. In my dealings with him, Frank has always looked at what is best for the Fire Pension System, not what is necessarily best for each individual member of the system. Frank is a retired Port Orange Firefighter.
Fowler has been determined eligible for assistance by the City of
Ms. Fowler was a victim of the July 2009 tornado. Her home was destroyed and the insurance settlement issued by her homeowner’s insurance company was in an amount slightly more than the payoff of the mortgage on the home that was destroyed. This left Ms. Fowler with extremely limited financial resources to purchase a replacement home. The City will use funds in this transaction to assist Ms. Fowler with the purchase of a new mobile home to be placed on her existing lot.
All contracts and closing statements will be subject to approval by the City of Port Orange Legal Department prior to award of assistance and property closing.
Staff recommends that Council authorize a loan up to $60,000 and acceptance of second mortgage and promissory note for the purchase of real property.
Musco Lighting was installed at
Coraci Sports Park Phase I. In keeping
with the same lighting throughout for both standardization and aesthetic
reasons, Musco Lighting is requested for the Phase II
City Manager’s Comments: This is the third field at Coraci. The City Council awarded a contract to Musco for the other two fields. It is the recommendation of staff that all fields have compatible lighting for ease of maintenance.
The attached Staff Reports include the Development Activity Report for November 2009 and the Building Activity Report for October 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 acceptance of the reports for October and November, 2009.
There are two vacancies for
Staff recommends that Council confirm Jonathan Montes de Oca as a Youth Advisory Board Member for 2009-2010.
Attached is a request from the Fire and Rescue Department for Council to approve a submittal to the United States Fire Administration for a SAFER Grant which will provide funding for six firefighter positions. Staff recommends approval.
City Manager’s Comments: During the last budget process, the City Council reduced the number of fire positions by 4. This a Federal competitive grant. The grant would pay for the salaries and equipment for the new firefighters. We are proposing to submit the grant application to the United States Fire Administration with the understanding that if at the end of two years that local funding is not available, then the City is under no obligation to continue the funding of the personnel. Over the next two years, we have a number of firefighters who are in drop. This would give us the opportunity to have experienced personnel on board as these individuals retire from active fire service.
G. TABLED ITEMS
Item 16 - 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. REPORT FROM ADVISORY BOARD
A representative of the Citizen Advisory Committee for the MPO will make a report to Council at this time.
This Resolution appropriates funds for the
J. COMMUNITY DEVELOPMENT
Staff recommends approval.
This is a request to adopt the 14th Amendment to the Southwinds PUD Master Development Agreement and Conceptual Development Plan.
Planning Commission Recommendation: The Planning Commission recommended approval at the November 19th, 2009 regular meeting, 6-0 (Commissioners Parker excused), of the 14th Amendment for the Southwinds PUD Master Development Agreement and Conceptual Development Plan, subject to the following condition:
1. City Council approval of the four policy considerations defined in the attached staff report.
If the 14th
Amendment is approved, it will provide the regulatory framework for the
development and establish the permitted uses for a portion of the subject
property fronting on
Staff Recommendation: Staff recommends approval.
This is a request to approve the Conditional Use Permit request to allow the continuation of an existing RV and boat storage in the “LI” zoning district until December 8, 2012.
Commission Recommendation: The Planning
Commission recommended approval, 5-1 (Commissioner Parker excused and
Commissioner McMaster dissenting), of a Conditional Use Permit to allow the
continuation of an existing RV and boat storage at 4465 Spruce Creek Road until
The applicant has also requested that the application fee be refunded. The City’s application fee for a Conditional Use Permit is $450 plus the actual cost of legal advertising. The cost for staff’s review and processing of this application was calculated at $719.00. A waiver of fees is at the sole discretion of the Council; therefore, there is no recommendation from the Planning Commission and Staff for the fee waiver.
Staff Recommendation: Staff recommends approval.
This is a request to accept the 2009 Concurrency Management Report as presented by Staff. As indicated in the report, the City’s position with respect to concurrency is at sufficient levels for FY 09/10.
Planning Commission Recommendation: The Planning Commission recommended 6-0 (Commissioner Parker excused) to accept the 2009 Concurrency Management Report.
Staff Recommendation: Staff recommends that Council accept the 2009 Concurrency Management Report.
The Building Division issued a stop work order for
Construction Regulation Board Action: On November 18, 2009, the Construction Regulation Board voted unanimously 5-0 to uphold the Building Official’s determination that work was commenced prior to the issuance of a permit and upholds the $500 penalty fee imposed but recommends the Council consider reducing the $500 penalty fee for work without a permit.
Recommendation: Staff recommends
that Council uphold the Building Official’s determination that work was
Patricia Williams, owner/applicant, requested an after-the-fact variance from LDC Chapter 9, Article III, Section 27(b), pertaining to the dimensional requirements for a dock at 4134 Halifax Dr. The request was to allow the dock – constructed wider than allowed by Code and contrary to the building permit – to remain at its five-foot width, in lieu of the four-foot width allowed by Code.
Planning Commission Recommendation: At its November 19, 2009 meeting, the Commission denied the variance request. The motion to approve failed, 2-4, with Commissioners Arminio, Barker, Green, and McMasters voting no (Commissioner Parker excused).
Ms. Williams is appealing the Planning Commission’s decision of denial pursuant to LDC Chapter 19, section 1(f)(2). The applicant’s letter of appeal, staff update memo, and staff report are attached.
K. PUBLIC WORKS
Staff recommends approval.
L. PUBLIC UTILITIES
Per their action on November 19, 2009, the Volusia County Council agreed to the terms of the Reservation Agreement for the purchase of mitigation credits in the amount of $100,000 per existing City policies. The City has sufficient credits available to sell to the County for this project.
Staff recommends approval of the resolution and reservation
agreement for the sale of 2.0 State mitigation credits to the
Staff recommends that Council approve the attached resolution and Reservation Agreement for the sale of 2.0 State wetland mitigation bank credits from the Port Orange Mitigation Bank in the total amount of $100,000 and authorize the Mayor and City Manager to sign documents on behalf of the City.
M. PUBLIC SAFETY
The Port Orange Police Department contracts with various organizations and businesses to provide law enforcement officers for extra duty activities such as traffic and pedestrian control, crowd control and routine law enforcement for public agencies. Extra duty details are billed to the contracting agency or business at $27.00 per hour with a three hour minimum. After reviewing the current rate and surveying surrounding agencies, it has been determined the rate should be increased to $40.00 per hour.
The Port Orange Police Department is requesting approval to increase the current rate from $27.00 per hour to $40.00 per hour for off duty details.
Staff recommends that Council approve the attached resolution establishing the special detail rate of $40.00 per hour to be charged by the Port Orange Police Department for off duty details.
The Port Orange Police Department will present a report that will detail the number of traffic violations, sound violations, activity and complaints that were investigated during Biketoberfest 2009.
N. PARKS AND RECREATION
Staff has been working with local veterans groups to
design a “new”
Manager’s Comments: The design changes proposed at
On Thursday morning, December 10, the Volusia County
Council will be considering modifications to the Delegation of Authority to CRA’s. In reviewing
the County’s Resolution, the items under Section 2 could have been accomplished
by simply asking. Currently, we provide
the County with copies of our budget, an annual report, and notice of
meetings. When the delegation was given
by the County to the City of
These two Sections add a level of uncertainty to the redevelopment process. Already, Buddy LaCour has stated to the County Council that the proposed Resolution creates an additional level of uncertainty from their perspective. We have talked with Toby Wagner and with Peter Dame. From an existing bond holder standpoint, the Resolution provides protection. It is the revocation language that makes future financing uncertain.
The Resolution that will be
presented to the County Council on Thursday, December 10, is much milder
than the original Resolution. The County
has made several modifications to the Resolution after meeting with the
Cities. If it is the reporting the
County desires to receive, we can live with those since those are reasonable
requests that we would have done if they simply asked. However, the ability to revoke or change the
process after it has begun is a problem.
This is the second time the County Council has modified the conditions
on existing CRA’s.
The first was to establish a duration time for a CRA that did not have
an ending date included in their delegation Resolutions. The duration date is 2036 for
On August 4, 2009, the City Council approved a contract with DMC for preliminary design engineering consulting services related to the B-23 Canal project. In conjunction with City staff and applicable permitting agencies, DMC analyzed the available options, determined feasibility and estimated costs. The design options that were considered, along with their pros and cons and costs are attached. In summary:
A meeting with the Harbor Oaks residents was held on
November 17, 2009 to review the options and seek their input. While all affected residents were not
present, the consensus from those in attendance was that if they were going to
provide hold harmless agreements, they believed the maximum amount of spoil
should be removed from the canal. They
asked that the City provide them with a copy of the legal agreement and the
conceptual design to assist in their review and final decision making. They asked that they be protected from gross
negligence of the selected contractor and that we provide a mechanism for the
contractor to remove any structures from the canal, on behalf of the property
owner, if they have fallen down and impede the project. Those in attendance were not in favor of the
option of filling in the canal north of
In order to proceed with final design and permitting for dredging, staff recommends securing hold harmless agreements from all of the property owners. Without the agreements, the City opens itself to risk and liability. Staff recommends replacing the City-owned seawalls and dredging only if agreements can be obtained from the neighboring residents.
Additionally, along the east side of the B-23 Canal
and south of Main Street, the City owns a park parcel that ranges from
approximately 70 feet in width at the north end to 7 feet in width at the south
end. Multiple private improvements have
been constructed on this property over the years, some properties have been
assessed for the water-related improvements and one property owner has produced
a permit from
Several of the property owners who have been utilizing public property on Cedar and Oak Streets have expressed interest in purchasing, leasing, or otherwise being provided with City approval for use of the park lands abutting the canal. Neighborhood residents have expressed interest in seeing a passive park, linear walkway, boat ramp or other passive recreation. Not everyone was in agreement with the boat ramp due to lack of parking and location within the residential area.
The City has the following options:
Six of the eight property owners with improvements on
these lands have agreed to remove the structures at their cost. The other two have not responded to two
requests for information. Another dock
exists along the
Staff recommends that Council approve dredging and seawall reconstruction design concept and authorize staff to secure hold harmless agreements, in a form acceptable to the City Manager and City Attorney, with the affected property owners.
Attached you will find options on how the existing
Police Department could be reused after the Department is relocated to its new
1. Offer the property for sale.
2. Use the Building for Fire Administration, IT, EOC, and RCC.
3. Use the Building for Fire Administration, Public Utilities Administration, EOC, and RCC.
There are other options. However, the options of moving either IT or Public Utilities Administration to the existing Police Department facility would free space at City Hall for Community Development and for Finance. There are limitations in the existing building. For one, there is a jail. The walls are solid making renovations of the building extremely difficult. That is why I have selected Departments who could use the existing facility without making major modifications. In order for Fire Administration to use the building, we would need to do some painting and replace the carpeting. Although this is the best location for IT, it will be more expensive since we would have to physically relocate our servers and AS 400 from City Hall.
I am not proposing to move the EOC or RCC from this building.
If the City Council selected Option 1, we would have to move RCC from the building to another location. We do have potential space at the new Police Department for RCC. We would have to move the EOC from its existing location to a new location. We potentially could move it to the new Police Department as well. Funds from the sale of the property could be used to construct new facilities for Fire Administration and for IT and to make the improvements at the new PD to support the EOC and RCC.
I have recommended that we continue to use the existing facility and locate Fire Administration, IT, EOC, and RCC to the existing PD. It may take time to make the total move since we have not allocated any funding for IT to move to a new location. This would give the City flexibility at existing locations as well.
The City of
The City Attorney has not completed her review of all of the legal documentation. We are still waiting on a third party engineering review of the design and calculations. This review is essential in the final approval of any release. That is why the motion is conditioned upon final review by the City Attorney before the Mayor and City Manager sign the receipt, release, and indemnity agreement.
The City needs the repairs to be expedited and completed before the summer rains begin.
P. COUNCIL COMMENTS
At this time, Council Members may discuss various matters of concern.