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 18, 2010
Date: May 10, 2010
Item 1 - Pledge of Allegiance
Item 2 - Silent Invocation
Item 3 - Roll Call
B. SPECIAL RECOGNITION AND PROCLAMATIONS
Orange Fire-Rescue has offered a Sharps Collection Program for the citizens of
combined donations from Brown & Brown/MacDuff
Underwriters ($600) and Port Orange WalMart ($1,000) will be used to support
Port Orange Fire-Rescue’s Smoke Detector Program to provide smoke detectors and
installation assistance to the citizens of
Orange Fire-Rescue has offered a Sharps Collection Program for the citizens of
City Manager’s Comments: The City is very fortunate to have great community partners. Annually, you see these partners providing assistance to the Port Orange Police, Fire, and Parks and Recreation Departments. Whether it is with grants, products or donations, the partners provide resources that would not be normally available to Departments through the normal budgeting process.
C. CITIZEN PARTICIPATION (Agenda)
Feasel has asked to appear before City Council. As you are aware, the South Volusia Hospital
District is considering forming a relationship with
D. CITIZEN PARTICIPATION (Non-Agenda)
E. CONSENT AGENDA
City Charter Article IV. Administrative, Section 4.05 describes the Administrative Code. The Administrative Code, adopted by the City Council, sets forth the department organization including charts depicting the chain of command and the allocation of responsibilities and duties for each department.
It is a common industry standard that the Human Resources department is responsible for handling payroll processing functions of an organization. Executime, the automated time and attendance system, has lessened (and is expected to continue to lessen) the need for manual data input for payroll, reducing the workload for the Accounting Tech III position. Combining payroll responsibilities and those of the HR department, by moving the Accounting Tech III into the Human Resources department, will provide for a better flow of communication, support, and efficiency. These changes do not require additional staffing or compensation.
Current and proposed organizational charts for the HR Department and Finance are attached for the City Council’s consideration.
Staff recommends that Council approve an administrative code change reorganizing payroll processing operations and the corresponding Accounting Technician III position that is currently responsible for payroll activities in the Finance Department to the Human Resources Department.
proposed Fair-Share Agreement has been prepared in conjunction with the site
plan for the development of a 297 seat restaurant and 8,500 square foot office
building located on the south side of
The site plan has been reviewed by staff and found to be in compliance with the City’s development requirements. A Development Order will be issued upon City Council approval of the Fair-Share agreement and easement vacation request and receipt of the fair-share mitigation payment.
Staff recommends that Council approve the Concurrency and Fair-Share Agreement for the Houligan’s and Unatin Office Building Site Plan.
addendum to the Mutual Aid Agreement will allow police officers to address
traffic and criminal violations on streets that border neighboring
jurisdictions. The current mutual aid
agreement only allows police officers to enter another jurisdiction if they see
someone committing a felony. Concurrent
law enforcement jurisdiction shall exist for the enforcement of the
Staff recommends that Council authorize the City Manager and Chief of Police to sign a addendum to the Mutual Aid Agreement that deals with cross jurisdictional law enforcement issues.
There are several vacancies on the Youth Advisory
Board. Brendan Sabatelli,
an 11th grade student at
Staff recommends that Council confirm Brendan Sabatelli as a Youth Advisory Board Member for 2009-2010.
The attached Staff Reports include the Development Activity Report for April 2010 and the Building Activity Report for March 2010. 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 the Staff Reports (Building Activity Report and Monthly Development Activity Report) for March and April 2010.
The City’s 2008 CDBG Action Plan contains an activity entitled Demolition. This activity provides the City with the authority to utilize CDBG funds to demolish a residential or commercial structure, provided it has been found to be a singular spot of slum and/or blight upon the neighborhood in which it is located. By determining slum/blight of the structure, CDBG funds can be used to clear and/or demolish this slum/blighted structure. The property is not located in a designated slum/blight area.
The City Building Official has inspected the property and has found it to be an unsanitary/unsafe condition and in a deteriorating condition and the owner of the structure has requested and authorized the City to demolish and remove the structure.
All contracts and agreements will be subject to approval by the City of Port Orange Legal Department prior to demolition.
Staff recommends that Council accept the Chief Building Official’s determination that the structure at 182 Becky Drive is deteriorated, unsafe, and unsanitary and find the property to be a spot area of blight not located in a designated slum/blight area and therefore eligible for use of CDBG funds for demolition.
City Manager’s Comments: The City could demolish the house and lien the property. This is a quicker way of getting the demolition of a deteriorated property handled. The property owner is agreeable to allow the house to be demolished. It saves the City money because it is a Federal Community Development Block Grant eligible activity, and the building meets the qualification for the grant program.
The City entered into a Joint Participation Agreement
(JPA) with Eastern Volusia Regional Water Authority, City of
The attached Scope of Work represents the evaluation of additional flood control components and a prioritized plan of implementation to achieve comprehensive flood control within the study area. The original budget amount is sufficient to complete the work as proposed; however, the deliverable will be a study report and not final design(s) for permitting purposes. City representatives have previously expressed concerns that the scope is not inclusive of all the necessary items that should be considered and has provided alternate language for inclusion. In order to address the City’s concerns without increasing the fee proposal, the consultant has proposed the attached language for inclusion.
Staff recommends proceeding with the study and approving the change in scope so long as the additional language is inserted into the document and work program. By analyzing additional pond construction or expansion, the City will be able to determine if the proposed pump station can be reduced in size and cost and still provide the same level of flood control. Staff believes it is vital to have sufficient information in order to determine what the most beneficial and economic improvements will be. The scope of work does include evaluation of alternatives to identify the flood reduction benefits versus costs.
Staff recommends that Council approve the attached
change in scope of work for the Nova Canal Flood Control and Integrated Water
Resource Program subject to inclusion of the additional language requested by
the City of
Manager’s Comments: When the original scope of
work was provided to the consultants, it was anticipated that there would be
three outfall pumping stations, one at LPGA, one at
F. TABLED ITEMS
Recently, the City Council received an email from the Museum about opening of Gamble. A private donor has provided the Museum with a grant to allow it to be opened. We do not know the details. As for the repayment of the grant proceeds, the County has continued to tell the City that it prefers Gamble to be opened to the public rather than having the money returned. The City has provided the County with a proposal that would allow the City to pay a pro-rata amount rather than the complete grant back. The payment would be paid only when Gamble is closed to the public. If that is acceptable, we would pay a small amount back to the County for the period Gamble was closed. We would monitor Gamble to determine when and then make payments to the County accordingly.
For the City Council’s information, I sent an email to the Museum Director last week attempting to clean up an issue that has existed for a number of years. The City installed a water line to serve Gamble with fire protection and with water. Also, an adjacent property owner was able to connect to City water as well. An easement was granted to the Museum by the Williams. The water line was constructed in the easement. We are working with the Williams to resolve the easement issue across their property. We will need to do the same thing with the Museum.
a result of the flooding in May, 2009, staff has been working with FDOT and
private property owners to resolve the drainage situation that caused
Staff recommends that Council approve the attached resolution authorizing the Mayor and City Manager to enter into a contract to acquire a vacant parcel of approximately ½ acre (+/-) at the southeasterly corner of Dunlawton Avenue and Spruce Creek Road for the purchase price of $139,000, plus buyer’s closing costs, and to execute any additional documents necessary to close the transaction.
City Manager’s Comments: Last
week a question was raised about the value of the property. The City has used the appraisal procedure to
establish market value of property. We have engaged appraisers who have the professional
qualifications, training, and are licensed to appraise real estate in the State
There are two competing values that are in conflict when government acquires property. Those are the rights of the private property owner and the rights of the taxpayer who are paying for the land. The certified appraiser is recognized as the unbiased third party who is qualified by experience, training, and education to establish the fair market value of property. The Courts recognize this method of establishing values. Administrative Hearing Officers and Boards recognize this method as the proper method of resolving conflicts between the two competing values. In condemnation cases, the law recognized appraisals as the method of establishing property values. Traditionally, the City Council has used this method of establishing value of property when property is being acquired for public purpose.
I may believe that a property is worth less than what the appraiser has established as the value. However, only a person who is qualified as a certified appraiser can testify as an expert in a legal proceeding as to the value of property. The decision to acquire property in this case is not a legal proceeding; but the City Council in the past has used this standard when determining the value of property.
It is true that we can question the assumptions. It is true that we can question the comparables that were used to establish the value of the property. It is true that we can question whether the property can be developed. However, only those individuals who have the professional qualifications can state that in their professional opinion what property is worth. When the City Council has questioned property values in the past, it has often requested a review appraisal or a second appraisal. At the last City Council meeting, Margaret stated that she had no legal reason to question the value established by the appraiser.
Some people want to use the Property Appraiser’s records and his values. There is recognition in the legal arena that the County Property Appraiser is appraising for a different purpose. He may arrive at a different conclusion than a certified property appraiser who is attempting to measure market value at a specific point in time.
The City’s Right of Way Agent has negotiated with the parties for some time. The price that is before you is the result of offers and counter offers. The decision is whether the City will acquire the property at the value in the contract. If not, then the staff will make adjustments in the land needed for drainage facilities in this area. Currently, the City is negotiating with two other property owners related to their properties. Those properties along with this property will provide the land needed to construct the additional retention ponds.
Additionally, the property will allow the City to slope the banks of the existing retention pond on the corner. That will allow the property to be better maintained. We receive comments all the time about the overgrown vegetation in the pond. Because of the side slopes, it is nearly impossible for the crews to properly maintain the pond. Second, the City is currently constructing a water augmentation project at this location. This property acquisition will allow the City to avoid placing pipe into the FPL easement and avoid potential problems.
This is more than a drainage project. It is a project that looks at ways to use the stormwater and the canal capacity to supplement the reclaimed water system. As has been discussed at other City Council Meetings, the canal has the potential of helping the City meet its future water needs by transferring the stormwater from the east to the west.
One final note: I have talked with representatives of Quentin L. Hampton & Associates, who has done the modeling for the Dunlawton project. They believe that the more land the City can acquire will allow the City to construct larger retention ponds and, therefore, reduce the pump size. It will allow the City to store more water and to provide more supplemental water for the City’s reclaimed water system. The City has awarded a contract to Quentin Hampton’s to design the improvements. A portion of the water augmentation project is under construction.
If you have questions, please feel free to contact me.
G. REPORT FROM ADVISORY BOARD
A representative of the City Advisory Committee for the MPO will make a report to Council at this time.
The City Council previously approved the acceptance of a Community Development Block Grant (CDBG) for various capital and operating projects. Also, the City has received various donations and other revenue for which budget appropriations are needed. In addition, the City Council has approved an administrative code change transferring the payroll technician position from Finance to the Human Resources Department. The attached resolution appropriates budget revenues and expenditures for the projects and other operating changes described above. Staff recommends approval.
I. COMMUNITY DEVELOPMENT
Item 19 - First Reading – Ordinance No 2010-12 - Rezoning from Volusia County “Conservation” (C)Resource Corridor” (RC), and “Forestry Resource” (FR) to City of Port Orange “Flood-plain Conservation” (F-C)
This is a request to approve a rezoning of the City’s wellfield expansion area, generally located east of I-4 and west of Tomoka Farms Road, as described above.
The subject property is the
site of the City’s main wellfields and is located within the City’s Water
Planning Area. Although the subject
property is in unincorporated
Staff recommends that Council approve the attached ordinance rezoning the City’s wellfield expansion area, ±1,547 acres, from Volusia County “Conservation” (C), “Resource Corridor” (RC), and “Forestry Resource” (FR) to City of Port Orange “Flood-plain Conservation” (F-C), pursuant to the 2008 Water Supply Planning Area Interlocal Agreement between Volusia County and the City of Port Orange, and consistent with the City’s Comprehensive Plan, and as recommended by the Planning Commission.
Planning Commission Recommendation: The Planning Commission recommended approval 6-0.
Staff Recommendation: Staff recommends approval.
Community Development Department has received a request to vacate a portion of
the northerly 10.00-foot wide rear yard Drainage, Utility, and Grading Easement
The easement vacation application and legal description have been reviewed for completeness and accuracy. The area was inspected with respect to City Codes and possible effects to adjacent properties resulting in no outstanding concerns. A contractor has submitted a building permit application for the proposal as described. The entire concrete deck and screen pool enclosure will not exceed required minimum setback distances or the total allowable lot coverage limit. Release letters have been obtained from all franchise utility companies, and there are no currently planned drainage or utility improvements proposed for this area in the future. The easement may be vacated, as described in the attached Exhibit “A”, to the extent that it is not being used.
recommends that Council approve the attached resolution vacating the southerly
4.00 feet of the northerly 10.00-foot wide rear yard Drainage, Utility, and
Grading Easement located on
The Community Development Department
has received a request to vacate the Blanket Easement for underground utilities
The easement vacation application and legal description have been reviewed for completeness and accuracy. The area was inspected with respect to City Codes and possible effects to adjacent properties. All concerns have been addressed. The proposed structure will not exceed minimum required setback distances or total allowable building coverage for the lot. All franchise utility companies have provided their required easement release letters.
Release of the blanket easement shall be conditioned upon the simultaneous receipt and recording of a replacement Utility and Access Easement for all existing and proposed potable water and sanitary sewer improvements. A modification to the replacement easement shall be recorded for utility lines removed while relocating those improvements from the proposed building location. We will address this modification prior to the issuance of the Houligan’s building permit. The easement may be released, as described in the attached Exhibit “A”, to the extent that it is being replaced.
Staff recommends that Council approve
the attached resolution releasing the Blanket Easement for underground
utilities located over
The following amendments to the FY 2008 CDBG Action Plan are submitted for approval by Resolution.
CDBG regulations require that funding budgeted to Program Administration be expended within the fiscal year of the CDBG allocation.
In fiscal year 2008-2009, the City budgeted $56,708.00 for CDBG Program Administration. Expenditures totaled $47,686.75, leaving a remaining balance of $9,021.25.
This proposed amendment reprograms the $9,021.25 from CDBG Program Administration to the Port Orange Adult Activity Center Improvements project.
Staff recommends that Council approve the attached resolution authorizing an amendment to Fiscal Year 2008 CDBG Action Plan.
Item 23 - Resolution No. 10-37 - Land Development Code Text Amendment – Chapter 5, Section 3 (B) and Chapter 6, Section 3(B) Adoption of Standard Construction Details Relating to Erosion and Sedimentation Control Measures
City Council adopted amendments to the erosion and sediment control requirements on March 16, 2010 9Ordinance 2010-5). In order to implement these changes, the Standard Construction Details need to be revised to be consistent with the new Land Development Code requirements. The proposed changes will make the reduced timelines consistent between the Land Development Code and the Standard Construction Details uniform.
Planning Commission Recommendation: The Planning Commission recommended approval 6-0.
Staff Recommendation: Staff recommends approval.
J. PUBLIC UTILITIES
Item 24 - First Reading – Ordinance No. 2010-10 – Amending Chapter 74, Article VIII of the Code of Ordinances Relating to Adoption of the 2010 Manual of Cross Connection Control (Continued to date certain of May 18, 2010)
Since the early inception of our Reclaimed Water
Program back in 1992, state requirements have mandated the City of
City staff from various departments assisted the Public Utilities Department staff in a review and rewrite of the ordinance sections and the Cross-Connection Control Manual. The newly revised Manual of Cross-Connection Control will serve as a useful tool in the years to come in guiding all those interested and directly affected in the water industry on how to properly protect the City‘s water supply and drinking water distribution system. Members of the City staff have recently met with many local plumbers and others who are directly affected by cross-connection control as well as the Building Trades Board where we received valuable positive comments to improve the Manual’s application and implementation. Many of their proposed suggestions and changes have been included. Staff now requests that the Council will approve the attached ordinance and adopt by reference the recently revised Manual of Cross-Connection Control.
Staff recommends that Council approve the attached ordinance adopting the proposed amendments to Chapter 74, Article VIII of the Code of Ordinances, and to adopt the 2010 City of Port Orange Manual of Cross-Connection Control for the protection of the City’s potable water system.
K. PARKS AND RECREATION
this regard, a bid opening was held in February 2010 for the renovations of the
Hall Construction provided the attached Value Engineering proposal that will result in a deductive change order for items 1, 4 and 5 totaling $34,885.00.
are asking the City Council to approve and award the bid contract to Hall
Construction Company to renovate the
recommends that Council approve and award bid contract with Hall Construction
Company in the amount of $550,000 to renovate the
City Manager’s Comments: This item and the next are related. The City accepted bids for renovations at the
A bid for Renovations
Staff recommends that Council approve a deductive change order to Hall
Construction in the amount of $34,885.00 for Renovations to the
that Council approve the attached resolution advising of the City’s intent to
designate the Riverwalk Redevelopment Project Area as a Brownfield Area under
the State of
M. COUNCIL COMMENTS
At this time, Council Members may discuss various matters of concern.