MEMORANDUM

 

 

To:                   Mayor Allen Green

                        Vice Mayor Dennis Kennedy

                        Council Member Bob Ford

                        Council Member Donald Burnette

                        Council Member Robert Pohlmann

 

From:              Kenneth W. Parker, City Manager

 

Subject:          Agenda Commentary for Regular City Council Meeting of

                        January 3, 2012

 

Date:               December 23, 2011

 

 

 

  1. OPENING

 

Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call

Item 4 -           Order of Business

 

The City Council has been using the same agenda format for a number of years.  It provides a mechanism to organize the agenda so that the materials are presented and considered in an orderly fashion.  A copy of the current policy is attached.  At times, the City Council has discussed beginning the regular meetings at an earlier hour.  If the Council moves the start time, the order of business may need to be examined or altered.

Also attached is a copy of the City’s Citizen Participation Plan for the City Council’s review.  Several years ago, the City Council adopted a plan to set a procedure for citizen participation in City conducted meetings.  It has worked extremely well for the City of Port Orange. 

The final order of business is the selection of one of the members of City Council to serve as the Vice Mayor during 2012. 

 

City Manager Comments: It has been the practice of the past two City Councils to hold its workshop sessions at 5:30 p.m. and then conduct its regular City Council Meetings at 7:00 p.m.  A previous City Council held its workshop sessions within the regular meetings.  The meetings began at 7:00 p.m.  The only special meetings were shade meetings.

One potential agenda modification is to begin the regular meeting at 5:30 p.m. with consent agenda items being handled first, handling interviews for Boards and Commissions, Reports from Boards and Commissions, Reports from the Chamber of Commerce, all non-budget Resolutions, then recessing into the workshop or shade meeting, with Citizen Participation and formal consideration of Ordinances and Budget Resolutions occurring at 7 p.m. 

Item 5 -           Appointments to Council Committees

 

Below is a listing of committees and the current Council Member assigned to that committee:

                        ArtHaus – Councilman Burnette

                        City Investment Committee – Vice Mayor Kennedy

                        Communications Interlocal Agency – Mayor Green

                        General Employees Retirement Trust Fund – Councilman Ford

Golf Course Board of Directors – Mayor Green and Kenneth W. Parker

                        Library Advisory Board – Vice Mayor Kennedy

                        Transportation Planning Organization – Councilman Ford

                        Municipal Firefighters Pension Board – Councilman Pohlmann

                        Municipal Police Officers Retirement Trust – Vice Mayor Kennedy

Port Orange-South Daytona Chamber of Commerce – Councilman Burnette

                        Volusia Council of Governments – Mayor Green

                        Volusia League of Cities – Mayor Green

                        YMCA – Councilman Pohlmann

 

Appointments will need to be made for service on these committees for 2012.

B.   SPECIAL RECOGNITION AND PROCLAMATIONS

Item 6 -           Special Recognition for Retired City Employees

At this time, Council Members will recognize the following employees who retired during 2011:  James Foster, Joe DiBella, Tom Weber, Russ Rafferty, Denver Ste. Claire, Thomas Bliven, Jerry Zito, William Floyd, Dave Miller, Yvonne Dixon, Bryan Stiltner, William Blackey, Jan Parsons, Dennis McCurry, Steve Wolf and Ray MacDuffie.

City Manager Comments:  This year we had 16 individuals retired from active service with the City of Port Orange.  Jan Parsons and Steve Wolf both had more than 30 years with the City of Port Orange.  At the time of her retirement, Jan was the longest tenured employee in the history of Port Orange.  A number of the employees who retired last year had more than 25 years of service with the City.  This will be an opportunity to recognize these employees for their service to the citizens of Port Orange.

C.   JOINT ANNUAL MEETING OF PORT ORANGE PROPERTY DEVELOPMENT, INC.

 

Annually, this body meets to elect its officers and to transact any corporate business.

 

D.   ANNUAL MEETING OF THE DESIGN REVIEW BOARD OF THE PORT ORANGE PROPERTY DEVELOPMENT, INC.

 

This body meets at least annually to elect its officers and to transact any corporate business.

 

E.   JOINT ANNUAL MEETING OF CITY CENTER CORPORATE PARK PROPERTY OWNERS ASSOCIATION

 

This body meets annually to elect its officers and to transact any corporate business.

 

F.    JOINT ANNUAL MEETING OF GOLF COURSE AT CYPRESS HEAD, INC.

 

This body meets annually to elect its offices and its corporate board and to transact any corporate business.

 

G.   BOARD APPOINTMENTS AND INTERVIEWS

 

Item 7 -           Board Appointments

 

a.    Planning Commission

An appointment to the Planning Commission needs to be made. There are two applicants.

 

b.    Library Advisory Board

An appointment to the Library Advisory Board needs to be made. There is one applicant.

 

H.   CITIZEN PARTICIPATION (Agenda)

 

Item 8 -           Mr. Pennington – Freda Lane

 

In 2005, the City was attempting to extend water into areas off Hensel Road, south of Central Park.  There was a private road segment, Freda Lane, that kept the City from extending water from Hensel Road to Central Park.  The City worked with individual property owners to obtain easements.  The agreement was that in exchange for the easement, the City would pay the water impact fee for the easement.  One of the property owners, Mr. Pennington, recently came in to connect to the water system.  Mr. Pennington was a great help to the City in obtaining all of the easements on Freda Lane.  Although, when he came in, the impact fee was credited and was not due, he learned that he had to pay a very large connection fee to the City.  The letter is very clear that it is limited to impact fees.  The connection charges were substantially less in 2005 than they are today.  That is probably why they were not addressed in the letter.  Since that time, the City Council has adjusted connection charges to make sure costs are recovered.  More than likely, at the time of this letter, I would have recommended that connection charges be included as part of the compensation for the easements.  The amount of the connection charges for water is $415 plus $100 deposit.

 

Mr. Pennington has been granted an impact fee credit associated with sewer.  There are no plans to extend sanitary sewer into this area of the City since all of these lots are large lots of one acre or more.  An option is to amend his letter to include the water connection charges instead of the sewer impact fee credit.  Another option is to grant him his request to connect to the water system by amending his letter to include connection charges.  A third option is to deduct the $415 water connection charges from his sewer impact credit and sometime in the future the City does run sewer into this large area of the City, the would owe the $415 sewer impact fee plus a sewer connection charge.  The letter to Mr. Pennington would need to be revised with his acknowledgement of this change.   A final option would be to require him to pay the connection charge.

 

I can say without hesitation that without Mr. Pennington’s help we would not have been granted the easements on Freda Lane.

 

I.      CITIZEN PARTICIPATION (Non-Agenda – 15 Minutes)

 

J.    CONSENT AGENDA

 

Item 9 -           Approval of Minutes

 

a.    December 13, 2011 –Regular City Council Meeting

 

Attached is the City Council meeting minutes from the meeting held on Tuesday, December 13, 2011. Should you have questions, please feel free to contact Robin or me.

 

Item 10 -        Construction Activity Report

 

Attached is the update on construction projects from Quentin L. Hampton Associates, Inc.  Staff recommends acceptance of the report.

 

Item 11-         Council Meeting Schedule for 2012

 

The proposed schedule for 2012 Regular City Council Meetings is as follows:

            January 3, 17, 24

            February 7, 21, 28

            March 6, 20, 27

            April 3, 17, 24

            May 1, 15, 22

June 5, 19, 26

July 17, 24 (Regular Meetings), July 28 (Saturday budget workshop)

August 7, 21, 28

September 4, 18, 25

October 2, 16, 23

November 7 (moved to Wed. due to Election Day), 13

December 4, 11

 

To approve the proposed 2012 meeting schedule.

City Manager Comment:  2012 is election year.  The primary election is on August 14.  That date does not conflict with any of the City Council Meeting dates.  The General Election is on November 6.  That would conflict with the normal City Council Meeting date.  Traditionally, the City Council has not met on election day preferring to meet the Wednesday following the election.  The alternative is to meet only once in November or to meet on November 27. The City Council has attempted not to meet the week of Thanksgiving or the week after.  December 4 is the date that the New City Council will convene for organizational purposes. 

Item 12 -        Budget Calendar

Staff recommends that Council approve the attached proposed Budget Calendar for the fiscal year 2013 budget. 

City Manager Comments: The budget calendar does not include every workshop that will be conducted during 2012. 

K.   FINANCE (John Shelley)

 

Item 13 -        Second Reading Ordinance No. 2011-37 – General Employee’s Pension Ordinance

 

The General Employees’ Pension Committee has been working with Public Employees Association (PEA) and Legal Counsel to update the General Employee’s Pension Ordinance.   Changes include a new Defined Contribution Plan (DC) and a modified Defined Benefit (DB) option. 

The new DC Plan is similar to the existing DC Option with ICMA; however, plan assets will be monitored by the General Employees’ Pension Committee with application of the same vesting period as the DB Plan.  The modified DB Plan is unchanged for current employees; however, after the effective date of this Ordinance, DB Plan is optional for new PEA employees.   New PEA Employees may also choose the DC Plan option.  Once the choice of Plan type is made by the employee, it is irrevocable.  The new DB Plan provides new employee retirement benefits similar to those of the Florida Retirement System.  Please see the attached Ordinance and Actuarial Impact Statement for details.  This Ordinance has been reviewed and approved by Lewis, Longman and Walker, P.A., the City’s pension legal counsel.

Staff recommends approval.

Item 14 -        Discussion Relating to Impact Fees

 

The City Council has discussed Impact Fee abatement in the past.  The policy decision

is whether the City will join some of the other Volusia County cities and the County in passing some type of abatement program to act as a stimulus for new residential development.

 

L.    COMMUNITY DEVELOPMENT (Wayne Clark)

 

Item 15 -        Second Reading – Ordinance No. 2011-32 – Land Development Code Text Amendments/Pain Management Clinics (Case no.: 11-25000001) (Continued from 12/13/11)

 

At its October 27, 2011 meeting, the Planning Commission recommended approval,         5-0, of the administrative request to amend Chapters 2, 12, 17, and 18 of the Land Development Code to add “pain management clinics” as a permitted use with special development requirements within the “PO” (Professional Office) zoning district and to provide accompanying and clarifying regulatory requirements and definitions. Please see the attached staff report for more information.

Staff recommends adoption of Ordinance No. 2011-32, amending Chapters 2, 12, 17, and 18 of the Land Development Code (LDC), as recommended by the Planning Commission. 

Item 16 -        Second Reading – Ordinance No. 2011-33 – Code of Ordinances Text Amendments/Pain Management Clinics (Case no.: 11-25000001)

 

At its October 27, 2011 meeting, the Planning Commission recommended approval, 5-0, of the administrative request to amend Chapter 18 of the Code of Ordinances to add a definition for “pain management clinic”, application requirements and the amount of fees or taxes owed at the time of application. Please see the attached staff report for more information.

 

Staff recommends adoption of Ordinance No. 2011-33, amending Chapter 18 of the Code of Ordinances, as recommended by the Planning Commission. 

 

Item 17 -        Second Reading – Ordinance No. 2011-38 – Code of Ordinances Text Amendments/Simulated Gambling Devices (Case no.: 11-25000006)

 

At its November 17, 2011 meeting, the Planning Commission recommended approval, 3-0-1, of the administrative request to amend Chapter 18 of the Code of Ordinances to add a definition for “electronic gambling devices”, prohibit the use of simulated gambling devices, establish exemptions, provide enforcement and civil penalties, and remove language pertaining to adult arcade amusement centers.   The staff report is attached for more information.

Staff recommends adoption of Ordinance No. 2011-38, amending Chapter 18 of the Code of Ordinances, as recommended by the Planning Commission. 

 

Item 18 -        Second Reading – Ordinance No. 2011-39 – Land Development Code Test Amendments/Simulated Gambling Establishments (Case no.: 11-25000006)

 

At its November  17, 2011 meeting, the Planning Commission recommended approval, 3-0-1, of the administrative request to amend Chapters 2, 12, 17, and 18 of the Land Development Code to add  a definition for “simulated gambling establishments”, remove language pertaining to adult arcade amusement centers, and provide accompanying and clarifying regulatory requirements. Please see the attached staff report for more information.

Staff recommends adoption of Ordinance No. 2011-39, amending Chapters 2, 12, 17, and 18 of the Land Development Code (LDC), as recommended by the Planning Commission. 

Item 19 -        Second Reading – Ordinance No. 2011-40 – Ordinance Rezoning & Approving a Master Development Agreement & Conceptual Development Plan/Altamira Shopping Village PCD (Case no.: 11-65000001)

 

At its November 17, 2011 meeting, the Planning Commission recommended approval, 4-0, of the request to rezone approximately 33.2 acres, located on the east side of Dunlawton Avenue., north of Taylor Branch Road, from “F-C” (Flood-Plain Conservation), “A” (Agricultural), and “ICD” (Interchange Commercial District) to “PCD” (Planned Commercial Development). If the rezoning request is approved, the MDA and CDP will provide the regulatory framework for the development of a shopping center on the subject property, and associated site improvements on the property located off Taylor Road. The staff report is attached for more information.

Staff recommends adoption of Ordinance No. 2011-40 rezoning and approving the Master Development Agreement (MDA) and the Conceptual Development Plan (CDP) dated November 30th, 2011, as recommended by the Planning Commission.

City Manager Comments:  The City staff has worked with the developer to resolve all the details and the project is ready for consideration on second reading.  What is remaining is the finalization of the terms and conditions of the Yorktowne extension and the proportionate fair share agreement. 

 

M.   PARKS AND RECREATION (Susan Lovallo)

 

Item 20-         Resolution 12-1  - Amend Fee Resolution 10-90 Establishing Revised Sponsor Fees and Registration Fees for City Sponsored Youth and Adult Athletic Programs, Playground Programs, Adult Programs and Classes; Establishing Revised Non-Resident Registration Fees for Activities to Include Fees for Babe Ruth/All Stars and Adjust Rental Fees Accordingly; Superseding Prior Resolution and Providing an Effective Date

 

Parks and Recreation proposes to amend Resolution 10-90 approved by City Council on October 5, 2010 to include fees for Babe Ruth/All Stars and adjust rental fees accordingly. Exhibit A-F attached with proposed new rates.

Staff recommends approval of the fee resolution.

City Manager Comments: There are adjustments being made to the Parks and Recreation Fee Schedule to include fees associated with Babe Ruth All Stars.  Also, staff is recommending that the rental rates be adjusted.  This is in keeping with the Council’s discussion about cost recovery. 

Staff has been working cooperatively with the City of South Daytona related to fields.  As you are aware, the City of South Daytona has a full size baseball field but is very limited in the number of fields available tor girls fast pitch softball.  We are working with them whereby our older boys can play in their league without having to pay the outside City fee and their girls can play on our league without having to pay the outside City fee.  By working together, we can provide more opportunities for our youth from both cities to play competitively.

N.   ADMINISTRATION (Ken Parker)

 

Item 21 -        Gamble Place Discussion

 

In September, Mayor Green sent a letter to the Museum of Arts and Sciences (MOAS) concerning Gamble Place.  Recently, MOAS responded to the Mayor’s letter.  MOAS has indicated a willingness to enter into discussions with the City of Port Orange that could eventually lead to the transfer of the property from MOAS to the City of Port Orange.

Policy Issue #1:  Does the City Council believe that Gamble should be part of the City of Port Orange park system?

Policy Issue #2:  Does the City Council desire to enter into negotiations with MOAS concerning the terms and conditions of the transfer?

Policy Issue #3:  The City is required to obtain an appraisal on the property.  Does the City Council desire to have the property appraised?  Because of the unique conditions and restrictions in the deed that was transferred to MOAS from Nature Conservancy, we will be using an appraiser who is on the State approved list of appraisers since they are more likely to have appraised properties for the State with development restrictions on them.  If we are to go forward, then the property must be appraised.

I have attached the budget prepared by the Parks and Recreation Department.  This assumes that the City would maintain Gamble with the City workforce.  Prior to any property transfer, the City Council must know:

1.    Condition of the buildings and what repairs will be required to restore them.  A capital budget would need to be prepared and reviewed by the Council in addition to the operating budget.

2.    A controlled burn plan would need to be developed by the City of Port Orange as well as a cost estimate.

3.    An evaluation of the trails on the Gamble property to determine what improvements are needed in order to make them passable and safe to the citizens who may visit and tour the property.  Capital costs and improvements would have to be provided to the City Council.

 

If the property is transferred, the City Council would need to determine how the property would be managed – by City staff or a private entity.  If a private entity option is selected to manage the property on behalf of the City, a request for proposal would have to be developed and put out to bid.  The City could not simply award the bid to a vendor without accepting competitive proposals.  At some point, the Council would have to adopt a fee schedule for Gamble if an admission charge is levied.

 

O.   COUNCIL COMMENTS

 

 

Item 22 -        Council Priorities

 

In December, Mayor Green requested that the City Council bring to the next Council Meeting their priorities for 2012. 

 

 

Item 23 -        Comments/Concerns from Council Members

 

At this time council members may discuss various matters or concerns.

 

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