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

                         November 9, 2010

 

 

Date:               November 2, 2010

 

 

 

A.           OPENING

 

Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call

 

B.           CITIZEN PARTICIPATION (Agenda)

 

Item 4 -           Rotary Christmas Tree Sale Request – Andy Clark

 

The Port Orange Rotary Club missed the special event deadline for submitting their application to sale Christmas Trees.  Traditionally, they have sold trees adjacent to the old K-Mart Building at the intersection of Nova Road and Dunlawton.  Because the building is under renovation, they are proposing to move a vacant lot adjacent to All Board Storage on Nova Road.  They are asking City Council to approve their special event application.  If City Council approves the sale of Christmas Trees at this site, we will work with the applicant to comply with the conditions. 

C.           CITIZEN PARTICIPATION (Non-Agenda – 15 minutes)

 

 

D.           CONSENT AGENDA

 

 

Item 5 -           Repair Case Loader #6560 – Sole Source Vendor, Great Southern Construction

 

The 2002 Case loader utilized by Public Works needs a new transmission.  Loaders of this type typically have a life span of 20 years and cost approximately $125,000.00 (new).  This particular loader is in good shape as far as the body and other components.  Great Southern Construction Equipment Company is the only vendor able to provide the transmission required and they have provided an estimate of $26,504.72 to remove and install a remanufactured transmission with a 12 month warranty.  Staff feels it is well worth doing the repair.  This equipment is heavily depended on during cleanup after storms and it is used for various other jobs loading dirt, concrete and other materials on a daily basis.  Funds are available in Account #50345005905220.

 

Staff recommends approval to have sole source vendor, Great Southern Construction Equipment Company, repair Case loader #6560 for a total cost not to exceed $26,504.72

 

Item 6 -           Award of Three Site Development Continuing Engineering Services Contracts

 

On August 17, 2010 the City Council approved the final selection of these three  firms and authorized staff to negotiate contracts for Engineering Site Development Services with these firms.  The contracts with these firms have been finalized, approved by the firms and returned for approval by the City of Port Orange. The contract period is for two-years with the option of an additional two two-year extensions.

 

Staff recommends Council approve the Site Development Continuing Engineering Services Contracts with Zev Cohen & Associates, Kimley-Horn & Associates and CPH Engineers and authorize the Mayor and City Manager to execute the contract documents

 

Item 7 -           Memorandum of Understanding Between the PBA Lieutenant Unit and the City of Port Orange

 

This is a memorandum of understanding between the City of Port Orange and the PBA Lieutenant Unit.  The Lieutenants have agreed to forgo payment for vacation hours above 250 and not cash in sick leave hours for the fiscal year beginning October 1, 2010 and ending September 30, 2011.  For the fiscal year that starts on October 1, 2012, the Lieutenants would have the ability to cash in vacation hours above 250 and sick leave unless mutually agreed to by both parties.  The Council has approved the same memorandum of understanding for our PEA covered employees and the same conditions apply to our Civil Service covered employees.

 

Staff recommends Council approve the Memorandum of Understanding between the PBA Lieutenant Unit and the City of Port Orange

 

Item 8 -           Settlement Offer for 1076 Kingswood Way (Case 09-1036)

 

Attorney Michael Kelton, who is the personal representative of the estate of Jerry Berman and who represents the record owner of the property is requesting a satisfaction of code enforcement and utility liens against the property at 1076 Kingswood Way. Code enforcement fines of $16,250.00 accumulated against the property. As of June 30, 2010, a utility lien in the amount of $1,534.17 has accrued.

 

The property is in foreclosure, and lis pendens was filed prior to the code enforcement lien. The estate of Jerry Berman and Stuart Sussman are offering $2,500.00 in full satisfaction of all liens owed to the City of Port Orange and are subject to receipt of a court order authorizing the distribution of estate assets.

 

Staff asks Council to consider settlement offer for outstanding code enforcement and utility liens owed to the City of Port Orange in the amount of $17,784.17. Request made by Attorney Michael Kelton to offer settlement of $2,500.00 payable upon court authorization to distribute estate assets and to authorize the Mayor, City Manager or Finance Director to execute satisfaction of liens for recording in the public record of Volusia County Florida.

 

Item 9 -           Settlement Offer for 4679 Chardonnay Drive (Case 10-0301)

 

Michelle Forgacic, Senior Post Conveyance Specialist for GMAC Mortgage – Government Claims Department, is requesting a satisfaction of outstanding code enforcement fines against the property located at 4679 Chardonnay Drive.  Fines in the amount of $29,000.00 have accumulated against the property.

 

The property was in foreclosure and purchased by GMAC Mortgage prior to filing of the code enforcement lien against the property.  GMAC Mortgage is offering $9,500.00 in full satisfaction of the fines owed to the City of Port Orange, and if accepted, would process a check immediately.

 

Staff asks Council to consider settlement offer for outstanding code enforcement fines owed to the City of Port Orange in the amount of $29,000.00. Request made by representatives of GMAC Mortgage LLC to offer settlement of $9,500.00.

 

Item 10 -        Building Activity Report and Monthly Development Activity Report for September and October 2010

 

The attached staff reports include the Development Activity Report and the Building Activity Report.  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).

 

 

E.           REPORT FROM ADVISORY BOARD

 

Item 11 -        Citizen Advisory Committee for TPO

 

A representative of the Citizen Advisory Committee for the Volusia Transportation Planning Organization will make a report to Council at this time.

 

F.            FINANCE

 

Item 12 -        Resolution No. 10-97 – Budget Appropriations – Fiscal Year 2010

 

The City Staff has completed a review of the Fiscal Year 2010 Budget Execution. The attached budget resolution provides for the recognition of the budget changes recommended from this review.

 

Staff recommends Council approve Resolution No. 10-97.

 

Item 13 -        Resolution No. 10-98 – Budget Appropriations – Budget Encumbrance and Project Carryovers

 

At the City’s fiscal year ending September 30, 2010, budget appropriates lapse.  The attached Resolution reestablishes these appropriates for funding the open purchase orders and projects that were either not completed or started by the fiscal year end.  These carryover appropriations reestablish proper budget project funding and budgetary alignment of projects.  The operating funds have the required 15% equity balances after appropriation of this resolution.

 

Staff recommends Council approve Resolution No. 10-98.  Please see the attachments for the specific detail.

 

City Manager Comments: At the end of each fiscal year, there are projects that were in process that need to be carried over into the next fiscal year.  Since appropriations lapse at the end of each fiscal year, it is necessary to re-appropriate funds so that these projects can be completed.

 

 

 

Item 14 -        Resolution No. 10-99 – Budget Appropriations – Fiscal Year 2011

 

The City Council has completed a review of the Fiscal Year 2011 budget for several General Fund Departments. The attached budget resolution provides for the recognition of the budget changes recommended from this review.

 

Staff recommends Council approve Resolution No. 10-99.

 

City Manager Comments: The City Council has reviewed level of service for a number of the City operating departments over the past several weeks.  This Resolution reserves the monies from the Fire and Police budgets.  A second Resolution will be brought forward with further reservations after the City Council completes its full review. 

 

G.           COMMUNITY DEVELOPMENT (Wayne Clark)

 

Item 15 -        Second Reading – Ordinance No. 2010-33 – Approving an Amendment to the Master Development Agreement/Pavilion PCD 3rd Amendment – Case No. 10-40000002

 

Staff recommends approval.

 

 

Item 16 -        Conditional Use/Port Orange Town Center Community Redevelopment Agency, 3459 Ridgewood Ave (Case No. 10-300000002)

 

This is a request for approval of a Conditional Use to allow a farmers market and special events, as an interim use, on the subject property, as recommended by the Planning Commission.

 

Planning Commission Action: October 28, 2010

Recommended approval (5-1, Commissioner Green, dissenting and Commissioner Parker, excused), of a Conditional Use to allow a farmers market and special events, as an interim use, on the subject property. If the Conditional Use is approved, the CRA is proposing to advertise to vendors that the subject property is allowed to have a farmers market and special events, as interim uses. The Planning Commission recommended approval subject to the following conditions:

 

  • The property shall be controlled by the conditions of the Conditional Use and the requirements of the Land Development Code;
  • Submittal of a concept plan and a detailed description of any proposed interim use is required prior to drafting the agreement between the vendor and the Port Orange Town Center CRA;
  • For each interim use, the vendor will be required to provide staff with information (overall size of the event, sales area, parking data from similar events, etc.) to determine the appropriate parking ratio for that specific use; and

Approval of an agreement between the vendor and the Port Orange Town Center CRA by the CRA is required before a use can occupy the site

 

 

H.           ADMINISTRATION (Ken Parker)

 

Item 17 -        Second Reading – Ordinance No. 2010-31 – Authorizing the Issuance of Education Facilities Bonds on Behalf of Palmer College Foundation

 

Staff recommends approval.

 

Item 18 -        Second Reading – Ordinance No. 2010-32 – Illicit Discharge and Detection Elimination

 

Staff recommends approval.

 

Item 19 -         Second Reading – Ordinance No. 2010-35 – Amending Section 22-3 of the Code of Ordinances Relating to when Elected Officers take Office

 

Staff recommends approval.

 

Item 20 -        State Housing Initiatives Partnership (SHIP) Program

 

With the adoption of Ordinance No. 2006-13 in April 2006, the City took on the opportunities and challenges of participating in the State Housing Initiatives Partnership (SHIP) Program.  Subsequently, the City created a Housing Assistance Trust Fund, appointed an Affordable Housing Advisory Committee, and adopted a Local Housing Incentive Plan.  Now, after less than five (5) years of program administration, funding for this State initiative has diminished to the point where no monies were allocated for FY 2010/2011, and funding for future years is uncertain. 

 

As the Council critically reviews all City programs and prioritizes staff resources, the City has several options it can take with respect to the SHIP Program.    These options span from maintaining the SHIP Program and its administrative responsibilities “as is”, to outsourcing SHIP administration to a third party non-profit, to relinquishing the program and requesting the State to redirect remaining funds to Volusia County.   

 

Accompanying this agenda form is an overview of the SHIP program including funding received to date, State expenditure requirements, and program accomplishments in Port Orange

 

This item is for discussion only.

 

City Manager Comments:  Several years ago, the City Council decided to become an entitlement city for both the State Housing Initiative Program (SHIP) and the Federal Community Development Block Grant Program (CDBG).  The City does have the option of returning the SHIP funds to the State of Florida for reallocation of those entitlement funds to Volusia County.  The County would then administer the funds as part of the overall Volusia County program.  Port Orange residents would continue to be eligible for participation in the program; but the County would determine eligibility and how the money would be allocated.  The City would no longer be involved in determining how the money was spent or who would receive the funds.  

 

I.              COUNCIL COMMENTS

 

Item 21 -        Comments/Concerns from Council Members

 

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

 

Item 22 -        City Council Committee Reports

 

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

   

 

 

 

 

 

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