MEMORANDUM

 

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 20, 2010

 

Date:               July 13, 2010

 

 

A.                 OPENING

 

Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call

 

 

B.                 SPECIAL RECOGNITION AND PROCLAMATIONS

 

Item 4 -           Recognition of Youth Achievement Award Winner

 

The City’s Youth Advisory Board developed an annual Youth Achievement Award to recognize those young individuals who make a significant contribution to the welfare of the community through their accomplishments, leadership and service.  Seven qualified and impressive applicants were nominated and a selection committee reviewed the materials submitted.

 

The committee selected Roshan Patel as the 2010 Youth Achievement Award Winner for his community volunteerism, leadership and accomplishments.  The committee also elected to provide special recognition to Cheyenne Conrad and Adele Pietras for their outstanding efforts.  Staff recommends that City Council present the awards to the winners.

 

C.                CITIZEN PARTICIPATION (Agenda)

 

Item 5 -           Port Orange Family Days Community Trust Presentation

 

Jill Geddy, Executive Vice President of Port Orange Family Days Community Trust has asked to be placed on the agenda to make a presentation at this time.

 

City Manager’s Comments: Susan Lovallo and I met with Port Orange Family Days Community Trust Board Members on Tuesday to discuss ways to reduce the City’s cost in supporting Family Days.  As you know, the City of Port Orange and Family Days Community Trust is a joint effort.  It is a partnership.  When you look at the program cost, the hard cost in supporting Family Days is in overtime.  The soft cost includes electronic signage for the event (the City owns these sign boards), vehicles used during the event (this is the daily rental fee on each type of vehicle used during the event), and the indirect cost associated with the event.  The City and Family Days are working together to reduce the direct cost that the City incurs in support of the event.  We are looking into ways to reduce their insurance cost as well. 

 

Family Days was conceived as an event that would bring the City together.  It provides businesses with a low cost opportunity to showcase their businesses to the Port Orange community.  It provides local non-profit an opportunity to showcase what they are about.  It provides churches an opportunity to let people know where they are located within the community.  It provides schools with an opportunity to showcase student achievement as well as to raise money for a variety of causes.  It provides City and County governments with an opportunity to meet directly with residents and answer their questions.  It provides an opportunity for elected officials to discuss issues with the voters.  It provides an opportunity for candidates to meet face to face with voters. 

 

The funds raised during Family Days and Kidz Days are put back into the community.  Whether it is movie nights or scholarships or donations for other community events and activities, Family Days has been a major contributor.  As the City Council will recall, Family Days approached the City Council about placing a public address system around the City Hall Lake.  Family Days provided a contribution toward the construction of the Lakeside Pavilion.  Family Days provided a contribution for the renovations at All Children’s Park.  Family Days has assisted both Port Orange Police and Fire in funding a variety of programs and activities. 

 

Since its inception, Port Orange Family Days has grown into the premier community wide event in the area.  It has an energized group of volunteers who work tirelessly promoting and making the event better each year. 

 

This event has been copied by other communities.  You cannot measure the benefit of this event in simply dollars and cents.  Although the event does have a financial impact on the City’s operating budget, the community benefits are even larger.  That is why the Board of Directors and City staff are working together to reduce the overall event cost. 

 

Family Days has identified several areas where they believe they can help reduce our cost. Over the years, their volunteers have taken over more and more duties and responsibilities to reduce the City’s cost.  They continue to look for ways to help the City better manage this event.  I think it would be beneficial if the City continued to contribute the soft cost items such as signage and vehicles necessary to manage the event without charge since this is a City sponsored event.  The City will continue to maintain cost records to show the value of the in-kind contributions.  The focus of the parties is on reducing the overtime cost to the City of Port Orange.  Second, we will separate the cost of managing the event and the cost of participating in the event.  Those are two different items that often are lumped together.  This upcoming year, we will use scheduling rather than overtime to support and participate in the event.   I think it would be beneficial for the City to work with Family Days to reduce their overall insurance cost and explore ways that could be done.

 

Item 6 -           Presentation from Daytona Dirt Riders Association

 

Each year, the Daytona Dirt Riders Association holds the Alligator Enduro motorcycle event on City wellfield property during Bike week.  Following the event, the group uses a portion of the proceeds to make a chartiable donation to a worthy organization.  Steve Pettenger of the Daytona Dirt Riders Association would like to present a check to the Port Orange Police Athletic League.

 

Item 7 -           Request for Reduction of Lien – 724 Nixon Lane

 

Kondaur Capital Corporation, property owner, is requesting a reduction or removal of liens against property located at 724 Nixon Lane. A fine of $58,700.00 has accumulated against the property. Nelson Valdes, previous owner of the property, was provided legal notice of the Code Board’s action and failed to appeal. Code Board fines began to accrue after an inspection on September 24, 2008. Fines continued to accrue on the property until an inspection confirmed compliance on May 4, 2010.

 

Kondaur Capital acquired the distressed mortgage from Wells Fargo Bank on December 23, 2009. The certificate of title was issued to Kondaur Capital on March 22, 2010 and they became the owner of record. Kondaur Capital corrected all violations by May 4, 2010 and set a maintenance schedule for the property.  While attempting to sell the property, Kondaur Capital discovered the liens that had been placed against the property by the City of Port Orange. Said liens included a utility lien, lot mowing lien and the on-going code enforcement fine of $100.00 per day while the property was in violation. The City of Port Orange was contacted by Kondaur Capital in April 2010 requesting the lien reduction or removal in order to sell the property.

 

D.                CITIZEN PARTICIPATION (Non-Agenda)

E.                 CONSENT AGENDA

 

Item 8 -           Approval of Minutes:

 

Attached are the minutes of the following meetings:

 

a.         May 4, 2010 -            Regular City Council Meeting

b.         May 18, 2010 -          Special City Council Meeting

c.         May 18, 2010 -          Regular City Council Meeting

d.         May 25, 2010 -          Special City Council Meeting

e.         May 25, 2010 -          Regular City Council Meeting

f.          June 1, 2010 -           Special City Council Meeting

 

Staff recommends approval.

 

Item 9 -           Update on Construction Projects

 

Attached is the report from Quentin Hampton’s.  If you have questions, please contact any of the Project Managers or me.

 

Item 10 -        Update on Recreational Facilities

 

Attached is the report from Parks and Recreation.  If you have questions, please contact Susan Lovallo or me.

 

Item 11 -        Road Construction Report

 

Attached is the report from Public Works.  If you have questions, please contact Warren Pike or me.

 

Item 12 -        Administrative Code Change

 

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.

 

The City Manager’s Office has proposed an Administrative Code change that would move the direct reporting structure of the Human Resources, Information Technology, Parks and Recreation, and Public Utilities Departments from the City Manager to the Assistant City Manager. 

 

This Administrative Code change will allow the City Manager’s Office to provide enhanced communications and service to all of the City operating departments.  These changes do not require additional staffing or compensation.

 

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

 

Staff recommends that Council approve an Administrative Code change reorganizing the reporting structure of certain City operating departments.

 

Item 13 -        National Night Out Against Crime

 

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 August 3, 2010.  This is a national event to promote Police/Community partnership.  This event would be from 1:00 p.m. to 9:00 p.m.  Staff recommends approval.

 

Item 14 -        Approval to Start Negotiations with Port Orange Pop Warner Football and Cheer Association for Joint Partnership to Construct a Football Field at Coraci Park Sports Complex

 

Port Orange Pop Warner Football has expressed an interest in a joint partnership with the City of Port Orange to construct a football field at the Coraci Park Sports Complex.  Staff is seeking approval to begin negotiations with Pop Warner in this joint partnership.  Staff will provide a written agreement for the joint partnership at a later date.  Staff recommends approval.

 

City Manager’s Comments: What is outlined in the Pop Warner letter is just a starting point.  What we are asking the City Council for is permission to enter into further discussions about what a partnership at Coraci Park would look like and what services would be provided by both parties.  Each of the items in the letter will require further examination and discussion.  From a preliminary review of the letter, many of the items are what we do already.  The City has worked with Pop Warner Football for many years. I would imagine the agreement that will come back to you in a few weeks will not contain all of the items in the letter because of concerns that will come up during discussions between the two parties.  Therefore, do not take this letter as the final agreement.  There will be legal and administrative issues that will have to be dealt with during the discussions.

 

Item 15 -        Addendum No. 1 to Contract with Information Access Systems, Inc., for an Electronic Document Management System

 

The City Council approved the purchase of a citywide document management system with Information Access Systems, Inc. (IAS) in September 2009.  The attached addendum provides for an automated workflow license to provide document routing, pre-configured rules and automated functions and electronic forms as well as a web access license that provides the public with access to view web-based documents via the City’s website.  Staff recommends the addition of these services in order to provide the public with greater access to public documents and assist with internal processes.   Funds are available in software account #501-0700-590-49-02.  Staff recommends that Council approve Addendum No. 1 to the contract with Information Access Systems, Inc. for an electronic document management system in the amount of $2,448.00.

 

Item 16 -        Amendment to the Ground Lease for Signs with the Lamar Company, LLC (Lease No. 290-01)

 

The City has a lease agreement in the amount of $250 per year with Lamar for Panel #9016 along I-95 by virtue of a recent property ownership transfer.  Prior to the June 1, 2010 expiration date, Lamar provided a written request to the City for an extension of the agreement with new terms and conditions.  As a result of the discussions between the parties, staff recommends the attached Amendment which increases the annual rent from $250 to $4,200 with an annual increase of 3% and extends the term for 5 years with renewals in subsequent years as agreed upon by both parties.  Staff recommends that Council approve the attached amendment to the Ground Lease for Signs with The Lamar Company, LLC (Lamar) for Lease # 290-01 and authorize the Mayor and City Manager to execute all applicable documents.

 

Item 17 -        Amendment to the Ground Lease for Signs with the Lamar Company, LLC (Lease No. 305-91)

 

The City has a lease agreement in the amount of $250 per year with Lamar for Panel #1463 along I-95 by virtue of a recent property ownership transfer.  Prior to the June 1, 2010 expiration date, Lamar provided a written request to the City for an extension of the agreement with new terms and conditions.  As a result of the discussions between the parties, staff recommends the attached Amendment which increases the annual rent from $250 to $3,500 with an annual increase of 3% and extends the term for 5 years with renewals in subsequent years as agreed upon by both parties.  Staff recommends that Council approve the attached amendment to the Ground Lease for Signs with The Lamar Company, LLC (Lamar) for Lease # 305-01 and authorize the Mayor and City Manager to execute all applicable documents.

 

Item 18 -        Cooperative Economic Development Agreement with Team Volusia Economic Development Corporation

 

In June, the Business Development Partnership (BDP), with whom the City has contracted with for several years, changed its name to Team Volusia Economic Development Corporation and separated from the Daytona Regional Chamber of Commerce.  The attached agreement re-establishes the 2009-2010 contract under the original budgeted amount and maintains or enhances previous levels of services.

 

Funds have already been budgeted for this activity; however, a vendor change of name will be required. 

 

Staff recommends that Council approve a cooperative economic development agreement with Team Volusia Economic Development Corporation.

 

City Manager Comments:  The City has been operating under a continuing agreement with the Business Development Partnership.  Recently, the Economic Development Corporation was formed as a replacement for the Business Development Partnership.  This agreement is for the remainder of the year.  A new agreement would have to be entered into for the new fiscal year beginning October 1. 

 

Item 19 -        Contract Extension – “Piggyback” Volusia County School Board Office Products

 

A few years ago, the City’s Central Stores was closed down.  At that time, the City “piggybacked” a bid the School Board of Volusia County had for the acquisition of the office supplies with Capital Office Products, a local (Daytona Beach) office supply store.  That piggyback was approved by the Council and the acquisition processing was implemented.  The School Board has extended that contract, Bid No. CL-978 GH, through July, 2011.  Staff is extremely satisfied with Capital Office and the service they have provided and, therefore, is requesting that the City Council approve that contract extension through July, 2011, as well.  Funding for this is found in each Department’s operating budget.

 

Staff recommends that Council approve the contract extension for Volusia County School Board previously “piggybacked” for office products with Capital Office Products through July, 2011.

 

City Manager’s Comments: This is one of the ways the City has become more efficient.  Just in time ordering has worked extremely well for the City.  The City no longer has office supplies at the warehouse.  The City has moved to just in time ordering on a majority of our products. The vast majority of inventory items carried at the warehouse are items that the Public Utilities and Public Works crews need on a day to day basis. 

 

Item 20 -        Building Activity Report and Monthly Development Activity Report for May and June, 2010

 

The attached Staff Reports include the Development Activity Report for June, 2010, and the Building Activity Report for May, 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 May and June, 2010.

 

Item 21 -        Victims of Crime Act (VOCA) Grant

 

Earlier this year, the Police Department applied for funding under the victims of Crime Act (VOCA) Grant program.  The Department has been awarded $53,882 for the 2010/2011 funding cycle to assist victims of crime.  Because the grant program requires a match, the City’s share is $13,470.  Staff recommends that Council approve the acceptance of grant funds from the State of Florida in the amount of $53,881 for the Victims of Crime Act (VOCA) Grant Program.

 

Item 22 -        Revalidation for “Piggyback” of City of Orlando Bid No. B109-2539 for Pump and Motor Repair Services Awarded to Stewart’s Electric Motor Works, Inc.

 

For the past several years, the City has utilized the services of Stewarts Electric Motor Works for repairs of various motors and pumps at both water and wastewater treatment plants as well as remote pumping facilities and lift stations. 

 

Through a bid award by the City of Orlando, the Public Utilities department seeks to piggyback the contract/agreement with Stewarts Electric Motor Works, Inc. for electric motor and pump repair services.  The initial term of the agreement was for one year commencing July 29, 2009, with the option to extend for up to four additional years.

 

The City of Orlando has recently exercised the option to extend its agreement with the company for one year.  Stewarts has agreed to perform the same services for the City of Port Orange and honor all prices, terms, and condition of the agreement.   

 

The Public Utilities Department recommends approval to “piggyback” City of Orlando Bid #BI09-2539 for pump and motor repair services awarded to Stewarts Electric Motor Works, Inc. for the period July 29, 2010 through July 28, 2011.

 

Staff recommends Council approval to “piggyback” City of Orlando Bid #BI09-2539 for pump and motor repair services, awarded to Stewarts Electric Motor Works, Inc.

 

F.                 FINANCE

 

Item 23 -        Resolution No. 10-46 - Budget Appropriations

 

The City Council previously approved the acceptance of various Federal grants for the Spruce Creek drainage project, the Ken Bern/Dunlawton drainage project, and the SHIP grant.  In addition, the City Council previously approved settlement agreements for the Cambridge project and the Hockney court project.  Also, the City has received various donations and other revenue for which budget appropriations are needed.  The attached resolution appropriates budget revenues and expenditures for the projects and other operating changes described above.   Staff recommends approval.

 

G.                COMMUNITY DEVELOPMENT

 

Item 24 -        Second ReadingOrdinance No. 2010-17 – Amending Chapters 2, 16, 17, and 18 of the Land Development Code Relating to Green Roofs and Community Gardens

 

Staff recommends approval.

 

Item 25 -        Special Exception – Chris Hawkins Creations, Inc. – 5521 South Ridgewood Avenue, Unit No. 5

 

This is a request for a Special Exception to allow a tattoo parlor in the “RD” (Ridgewood Development) zoning district,.

 

Planning Commission Recommendation:  The Planning Commission recommends approval, 5-0 (Commissioner Parker, excused, one seat vacant), of the request for a Special Exception in the “RD” zoning district. If the Special Exception request is granted, the applicant will operate a tattoo parlor in an existing office/warehouse facility (Orange Port Business Park). The Commission recommended the following conditions for the approval:

 

1.         The tattoo parlor use is limited to Unit #5, only. No other tenants on the subject property may establish a tattoo parlor.

2.         The tattoo parlor use is limited to the applicant at Unit #5 on the subject property, only. Should the applicant vacate this unit, or otherwise not renew his business tax for a tattoo parlor at this location, the Special Exception will expire.

 

Special Exceptions otherwise run with the property, not the application.  A copy of the Staff Report is attached.

 

Staff Recommendation:   Staff recommends approval.

 

Item 26 -        Code Enforcement Board Case No. 10-0301 – 4679 Chardonnay Drive

 

Case #10-0301 was first heard by the City of Port Orange Code Enforcement Board on June 2, 2010.  The Board ordered, then property owner, Susan K. Gray be found in violation of Chapter 42 , Article III, Section 42-54 (Sanitary Nuisance Prohibited) of the City of Port Orange Code of Ordinances, and ordered the property to be brought into compliance by June 10, 2010.  There was no compliance.  The property was in foreclosure.  GMAC Mortgage, LLC took title to the property on June 22, 2010. 

 

The property was reposted with Notice of Violation and Request for Hearing on June 25, 2010 with GMAC Mortgage, LLC as the property owner.  The case was heard by the Code Enforcement Board on July 7, 2010.  The Board ordered GMAC to bring the property into compliance by July 18, 2010 or the City may lien the property for all costs of abatement and assess a $500.00 per day penalty for continuing non-compliance. Due to the gravity of the violation and the threat to the health, safety and welfare of the general public, staff is requesting authorization to initiate civil litigation against GMAC Mortgage, LLC to have the property cleaned up and brought into compliance.

 

Staff recommends that Council grant authorization for staff to initiate civil litigation against GMAC Mortgage, LLC, current property owner of 4679 Chardonnay Drive, Port Orange, if the Order of the Code Enforcement Board, to clean and secure the property, has not been complied with by July 18, 2010. 

 

 

H.                 PUBLIC WORKS

 

Item 27 -        Resolution No. 10-47  - Contract for Sale and Purchase of Real Property for Drainage Improvements  (Strasser538 Dagwood Circle)

 

As a result of the flooding in May of 2009, staff has been working with FDOT and private property owners to resolve the drainage situation that caused Dunlawton Avenue, a major hurricane evacuation route, to be temporarily closed for a number of days during the storm event.  The impacted areas are south of Dunlawton Avenue and north of the Wastewater Treatment Plant. 

 

The real property to be acquired is located at 538 Dagwood Circle, being Lot 6 in the Dagwood Acres Subdivision.  This is an improved lot with tenant-occupied, 2-unit duplex residential structure built in 1980. Acquisition efforts began in October of 2009 and negotiations have culminated with the owners, Bernard and Irene Strasser, submitting for Council’s consideration a contract offering the property for sale at the purchase price of $155,000, being 14.8% over market value as appraised on behalf of the City by Raymond H. Heffington MAI, of Heffington and Associates. 

 

Mr. Strasser has provided for staff and Council consideration an independent appraisal report, reflecting a market value of $145,000 as of March, 2010, prepared by Paul A. Rioux, State Certified Residential Appraiser #2766 FL.  The proposed purchase and sale price is 6.89% over the appraised market value as determined by Mr. Rioux. For purposes of comparison, the Volusia County Property Appraiser reports a “just value” of $114,909 for 2009.  

 

Closing costs, including boundary survey and environmental assessment, are estimated at $1,500.  Funds are available for this acquisition in Project # DIP048, Account No. 421 0400 535 6397.

 

Staff recommends that Council approve the attached resolution authorizing the Mayor and City Manager to enter into a contract to acquire real property located at 538 Dagwood Circle in the Dagwood Acres Subdivision for the Dunlawton Ave./ Spruce Creek Road drainage project for the contract purchase price of $155,000 plus closing costs, and to execute any additional documents necessary to close the transaction.  

 

City Manager’s Comments:  Enclosed is the appraisal for this parcel of property.  There is a differential between the value of the property as noted by the County Property Appraiser and the value that Heffington and Associates has placed on the property.  This property when combined with the other properties will be used for construction of retention for Dunlawton Avenue.  The City has a FEMA grant application pending for the construction of the ponds.  We will not move forward with pond construction until such time as the funds are received.

 

Item 28 -        Resolution No. 10-48  - Contract for Sale and Purchase of Real Property for Drainage Improvements  (Strasser542 Ruth Street)

 

As a result of the flooding in May of 2009, staff has been working with FDOT and private property owners to resolve the drainage situation that caused Dunlawton Avenue, a major hurricane evacuation route, to be temporarily closed for a number of days during the storm event.  The impacted areas are south of Dunlawton Avenue and north of the Wastewater Treatment Plant. 

 

The real property to be acquired is located at 542 Ruth Street, being Lot 4 and portion of Lot 5, Dagwood Acres Subdivision.  This is an improved site with a tenant-occupied, 2-unit duplex residential structure built in 1979.  Acquisition efforts began in October of 2009 and negotiations have culminated with the owners, Bernard and Irene Strasser, submitting for Council’s consideration a contract offering the property for sale at the purchase price of $115,000.  This dollar amount is 15% over market value of $100,000 as appraised on behalf of the City by Raymond H. Heffington MAI, of Heffington and Associates. 

 

Mr. Strasser has provided for staff and Council consideration an independent appraisal report prepared in April, 2010 by Paul A. Rioux, State Certified Residential Appraiser #2766 FL corroborating the appraised market value.  For purposes of comparison, the Volusia County Property Appraiser reports a “just value” of $98,323 for 2009.

 

Closing costs, including boundary survey and environmental assessment, are estimated at $1,500.  Funds are available for this acquisition in Project # DIP048, Account No. 421 0400 535 6397.

 

Staff recommends that Council approve the attached resolution authorizing the Mayor and City Manager to enter into a contract to acquire real property located at 542 Ruth Street in the Dagwood Acres Subdivision for the Dunlawton Ave/Spruce Creek Road drainage project for the contract purchase price of $115,000 plus closing costs, and to execute any additional documents necessary to close the transaction.  

 

City Manager’s Comments:  Enclosed is the appraisal for this parcel of property.  There is a differential between the value of the property as noted by the County Property Appraiser and the value that Heffington and Associates has placed on the property.  This property when combined with the other properties will be used for construction of retention for Dunlawton Avenue.  The City has a FEMA grant application pending for the construction of the ponds.  We will not move forward with pond construction until such time as the funds are received.

 

Item 29 -        Resolution No. 10-49  - Contract for Sale and Purchase of Real Property for Drainage Improvements  (Dagley)

 

As a result of the flooding in May of 2009, staff has been working with FDOT and private property owners to resolve the drainage situation that caused Dunlawton Avenue, a major hurricane evacuation route, to be temporarily closed for a number of days during the storm event.  The impacted areas are south of Dunlawton Avenue and north of the Wastewater Treatment Plant. 

 

The nine vacant lots to be acquired are located within the Dagwood Acres Subdivision, a 16-lot residential subdivision platted by S.A. and Edith Dagley in 1959; being south of Dunlawton, east off Ruth Street, northeast of the Plant, and north of the Dairy Court industrial development.

 

To assist the City Staff with the acquisition of this property, an MAI appraisal was prepared by Southern Appraisal Corporation. The report, dated March 10, 2010, utilized comparable sales for highest and best use to estimate the individual retail values of the subject lots; and then discounted the bulk value by the estimated cost to extend public infrastructure to the platted residential lots.  Applicable market and comparable sales data was analyzed and reconciled to reach a final estimate of value of $117,000 (discounted bulk value/value to a single user). 

 

This family-owned land, together with the platted and dedicated but unimproved segment of Dagwood Circle and Lake Dagley will add 2-1/2 acres (+/-) to the area-wide drainage improvement project.  Negotiations began in December of 2009 to acquire the nine lots owned by Patricia J. Dagley and she has agreed to sell to the City at the market value of $16,000 per residential lot (per lot contract price of $144,000.00) as determined by the Volusia County Property Appraiser for 2009.  As a condition of the sale, Ms. Dagley asks that the City install an irrigation fountain and dedicate the public improvements at this location in honor of the Dagley family.  

 

Closing costs, including boundary survey and environmental assessment, are estimated at $5,500.  Funds are available for this acquisition in Project # DIP048, Account No. 421 0400 535 6397.

 

Staff recommends that Council approve the attached resolution authorizing the Mayor and City Manager to enter into a contract to acquire nine vacant single-family residential building lots in the Dagwood Acres Subdivision for the Dunlawton Ave./ Spruce Creek Road drainage project for the contract purchase price of $144,000 plus closing costs, and to execute any additional documents necessary to close the transaction.  

 

City Manager’s Comments:  Enclosed is the appraisal for this parcel of property.  There is a differential between the value of the property as noted by the County Property Appraiser and the value that Heffington and Associates has placed on the property.  This property when combined with the other properties will be used for construction of retention for Dunlawton Avenue.  The City has a FEMA grant application pending for the construction of the ponds.  We will not move forward with pond construction until such time as the funds are received.

 

 

            I.          ADMINISTRATION

 

Item 30 -        Second Reading – Ordinance No. 2010-18 – Amending Sections 74-216 through 74-223 of the Land Development Code Relating to Water Conservation

 

Staff recommends approval.

 

Item 31 -        Resolution No. 10-50  - Right of Way Transfer to FDOT for SR 421/Dunlawton Avenue Turn Lane at Spruce Creek Road

 

The Florida Department of Transportation (FDOT) has requested the City to deed additional right of way to FDOT for the proposed construction of a southbound right turn lane from SR 421/Dunlawton Avenue onto Spruce Creek Road.  The proposed turn lane is part of a larger slate of improvements at this intersection proposed by the Eastport Business Center Community Redevelopment Agency.  The southbound right turn lane will improve vehicular access, particularly for large trucks, to the Eastport Business Center area.  FDOT has requested an area 5,414 sq. ft. (0.124 acres) in size.  The subject property is part of the right of way that was deeded to the City several years ago by FDOT as part of the transfer of the stormwater retention pond at this location.  The attached legal description and sketch have recently been prepared by Sliger & Associates for the requested right of way transfer back to FDOT. 

 

Staff recommends that Council approve the attached resolution authorizing the transfer of 5,414 square feet of land by Quit Claim Deed to the Florida Department of Transportation as additional right of way for construction of a southbound turn lane from SR 421 onto Spruce Creek Road and authorizing the Mayor and City Manager to sign all documents required for this transfer.

 

Item 32 -        Resolution No. 10-51  - Early Retirement Option

 

I am presenting two options for the City Council review.  One option is for the early retirement program to be offered only on September 30, 2010.  The other option is to allow the early retirement option to be phased in over a nine month period.    Attached is a listing of employees who are interested in the early retirement option.  Of course September 30 does provide the most savings in the current budget year.  However, the phased in approach would provide savings but not as much during the current budget cycle.  There would be cost associated with the early retirement option.  If either of these options is approved by the City Council, we will move forward quickly to finalize the early retirement program and obtain final commitments from participants so that we compute the budgetary savings before the last public hearing in September.

 

After the City Council selects the option, then the appropriate Resolution will be read.

 

Item 33 -        Discussion of Fireworks

 

On July 4, the City’s Fireworks contractor made a decision that they could not safely put on the display at Port Orange.  The decision was not the City’s but was totally and completely that of the contractor. 

 

In discussions with Port Orange Family Days Board Members, it does not appear that this is a viable alternative.  The issue is related to the safety zone between the carnival and the area needed to set up and shoot the display. Also, it would interfere with the parking for Family Days.  We looked at other holidays, such as Labor Day.  That would require overtime for employees. 

 

A better option would be next July 4th.  This would reduce the amount from the recycling proceeds that would be needed for the 4th next year.  It would mean a larger display next 4th of July. 

 

It is recommended that the Fireworks that were intended for this year’s program be scheduled for next year’s Fourth of July.  This will reduce the amount needed from the recycling proceeds for next fiscal year.

 

Item 34-         Discussion – Ambulance Transport

 

At a recent County Council Meeting, County Chair Frank Bruno asked that cities who were interested in providing ambulance transport to provide a letter of interest.  At some future date, the County Council will be scheduling a workshop session related to the transport issue.  Edgewater has indicated that it will be submitting a letter to the County Council.  They are interested in contingent emergency transport.  In the past, the City Council has indicated an interest in providing transport service within the City limits of Port Orange.  Before sending a letter of interest to the County Manager, I need authorization to do so by the City Council.

 

 

J.      COUNCIL COMMENTS

 

Item 35 -        Comments/Concerns from Council Members

 

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

 

 

 

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