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
Item 1 - Pledge of Allegiance
Item 2 - Silent Invocation
Item 3 - Roll Call
B. CITIZEN PARTICIPATION (Agenda)
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
C. CITIZEN PARTICIPATION (Non-Agenda 15 minutes)
D. CONSENT AGENDA
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
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
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
is a memorandum of understanding between the City of
recommends Council approve the Memorandum of Understanding between the PBA
Lieutenant Unit and the City of
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.
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
asks Council to consider settlement offer for outstanding code enforcement and
utility liens owed to the City of
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
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
asks Council to consider settlement offer for outstanding code enforcement
fines owed to the City of
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
A representative of the Citizen Advisory Committee for the Volusia Transportation Planning Organization will make a report to Council at this time.
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.
At the Citys 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.
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)
Staff recommends approval.
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:
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)
Staff recommends approval.
Staff recommends approval.
Staff recommends approval.
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
At this time, Council Members may discuss various matters of concern
At this time, Council Members may report on various committees to which they have been assigned.