MEMORANDUM

 

 

To:                   Mayor Allen Green

                        Vice Mayor Donald Burnette

                        Council Member Bob Ford

                        Council Member Drew Bastian

                        Council Member Dennis Kennedy

 

From:              Greg A. Kisela, Incoming City Manager

 

Subject:          Agenda Commentary for Regular City Council Meeting of

                        February 19, 2013

 

Date:               February 12, 2013

 

 

  1. OPENING

 

Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call

 

B.   SPECIAL REPORTS, AWARDS, RECOGNITION, AND PROCLAMATIONS

 

Item 4 -           Volusia Managers Association

 

The Volusia Managers Association would like to make a presentation to the City Council.

 

Item 5 -           Water Meter Update from Ken Hooper

 

Ken Hooper, Project Manager, will provide Council with an update on the water meter project.

 

C.   SPECIAL MEETING OF THE PORT ORANGE PROPERTY DEVELOPMENT, INC.

 

D.   SPECIAL MEETING OF CITY CENTER CORPORATE PARK PROPERTY OWNERS ASSOCIATION

 

E.   SPECIAL MEETING OF GOLF COURSE AT CYPRESS HEAD, INC.

 

F.    SPECIAL MEETING OF THE PORT ORANGE BUSINESS PARK PROPERTY OWNER'S ASSOCIATION, INC.

 

G.   BOARD APPOINTMENTS, INTERVIEWS, AND REPORTS

 

Item 6 -           Board Appointments

a.    Parks & Recreation Advisory Board

 

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

 

I.      CONSENT AGENDA

 

Item 7 -           Approval of Minutes

 

a.    January 22, 2013 – Regular City Council Meeting

b.    January 29, 2013 – City Council acting as the Forensic Auditing Services Selection Committee (RFP #13-9) Meeting

c.    February 5, 2013 – Regular City Council Meeting

 

Attached is the City Council meeting minutes from recently held meetings. Should you have questions, please feel free to contact Robin or me.

 

Item 8 -           Staff Reports - Building Activity Report and Monthly Development Activity Report for January, 2013

 

The attached Staff Reports include the Development Activity Report and the Building Activity Report.

 

Item 9 -        Sole Source Acquisition of Sensus Flex Net Transmitters

 

HD Supply Waterworks is the sole source supplier of Sensus Flex Net Transmitters within the State of Florida (see attached). It has been the direction of the City to transform all current and new meter installs to have a Transceiver Unit, also known as a Tower/Radio Read device, mounted with the meter. For the purpose of maintaining consistency in our current Utility System, we are requesting permission to continue purchasing and installing Sensus M520M Transmitters.

 

Item 10 -        Special Event Request – First Turn Steakhouse & Lounge 5236 & 5204 Ridgewood Ave.

 

Mr. Rick Hilliard, owner of the First Turn Steakhouse & Lounge, located at 5236 and 5204 South Ridgewood Avenue, requests approval of a Special Event to be held during Bike Week 2013.  The proposed event is planned for a ten (10) day period from Friday, March 8, through Sunday, March 17, 2013. The proposed hours for the event are from 8:00 a.m. until 2:00 a.m., daily.  This will be the first Special Event for the First Turn Steakhouse & Lounge in 2013. Mr. Hilliard has requested the waiver of the surety bond due to past good performance in clean-up after previous events. The cost of the surety bond is determined by City Council as outlined in Chapter 58, Article III of the City of Port Orange Code of Ordinances, and has generally been set at $250.00 when required for past events. Staff recommends the waiver of the charge for the time associated with furnishing the safety equipment for this special event.

 

Staff recommends approving the Special Event request for the First Turn Steakhouse & Lounge located at 5236 & 5204 South Ridgewood Avenue subject to twenty-seven (27) conditions outlined in the attached report.

 

Item 11 -        Special Event Request – The Last Resort Bar, 5812 S. Ridgewood Ave., Best Cars, 5816 S. Ridgewood Ave., and Hunt for Cars, 5796 S. Ridgewood Ave.

 

Mr. Al Bulling, owner of The Last Resort Bar, 5812 S. Ridgewood Avenue, and agent for Best Cars, 5816 S. Ridgewood Avenue, and Hunt for Cars, 5796 Ridgewood Avenue, requests approval of a Special Event to be held during Bike Week 2013. The proposed event is planned for a ten (10) day period from Friday, March 8, through Sunday, March 17, 2013. The proposed hours for the event are from 8:00 a.m. to 2:00 a.m., daily.  This will be the first Special Event for the Last Resort Bar in 2013.  Mr. Bulling also requests a one (1) hour time extension for outside music on Friday and Saturday nights (March 15-16, 2013) of the event. Staff’s attached conditions do not allow the extra hour request based on past Council direction (see condition #14). Additionally, Mr. Bulling has requested the waiver of the surety bond due to past good performance in clean-up after previous events. The cost of the surety bond is determined by City Council as outlined in Chapter 58, Article III of the City of Port Orange Code of Ordinances, and has generally been set at $250.00 when required for past events. Staff recommends the waiver of the charge for the time associated with furnishing the safety equipment for this special event.

 

Staff recommends approving the Special Event Request for The Last Resort Bar, 5812 S.  Ridgewood Avenue, Best Cars at 5816 S. Ridgewood Avenue, and Hunt for Cars at 5796 S. Ridgewood Avenue, subject to twenty-six (26) conditions outlined in the attached staff report.

 

Item 12 -        Approval to Utilize the Florida Sheriff’s Association and State of Florida Contracts to Purchase Fleet Vehicles and Equipment

 

Staff has identified the older vehicles and equipment due to be replaced.  The Fleet Summary sheet attached provides a breakdown of each vehicle and/or piece of equipment by user department, age of item, cost to maintain, mileage of each and budget information.  Vehicle purchases that have been deferred are also shown. 

 

Item 13 -        Annual Paving Program FY2013 – Request Approval to Piggyback County Contract (Master Agreement No. 7508598-6, Bid #09-B-137PW) with P&S Paving, Inc.

 

Staff has identified streets and roadways in need of resurfacing and or repairs for the FY 2013 paving program.  The spreadsheet attached indicates the year built, and or year resurfaced, condition of roadway/street, and estimated cost for routine maintenance (resurfacing).

 

Item 14 -        Range and Training Facility Agreements

 

The Port Orange Police Department is requesting approval to enter into the attached agreements permitting Port Orange Police Officers use of the New Smyrna Beach Police Department’s shooting range and training facilities. 

 

J.    TABLED ITEMS

 

Item 15 -        Resolution No. 13-5 – Fire and Recreation Impact Fee Reduction (Tabled on February 5, 2013)

 

Last year, the City enacted a resolution that reduced Fire and Recreation Impact Fees. For a typical single family residential unit, it saved about $350, $250 in recreation impact fees and $100 in Fire Impact Fees.

 

The City Council placed a mandatory sunset in the rate resolution. The resolution stated without City Council action to extend the reduced rates then the rates automatically revert to the rate that was enacted by the City Council prior to the temporary rate reduction.

 

The reason the City Council enacted the temporary rate reduction was to stimulate the building economy. The City had the second best year of construction out of the last five and significantly higher than units constructed in 2011.

 

It is very difficult to determine how much impact, if any, the City’s $350 reduction had on the construction of new homes in Port Orange. What we do know is that surrounding cities will still have their reduced impact fees in place.

 

Attached is a resolution that would extend the current rates for an additional year. Staff recommends approval of Resolution No. 13-5.

 

K.   FINANCE (Wayne Saunders)

 

Item 16 -        Engagement Letter with Carr, Riggs, & Ingram

 

The City Council Members acted as the selection committee for the forensic audit services. On January 29, 2013, City Council conducted a review and evaluation of audit firms to provide forensic audit services.  The City Council selected Carr, Riggs & Ingram, LLC (CRI) to provide these services.  Please see the attached Engagement Letter.  Staff recommends that Council approve this engagement letter for Carr, Riggs & Ingram, LLC to provide forensic audit services to the City of Port Orange.  If approved, CRI will start their field work on February 25, 2013.

 

L.    COMMUNITY DEVELOPMENT (Wayne Clark)

 

Item 17 -        Resolution No. 13-10 - LAP Agreement for the Herbert Street South Sidewalk Extension from Golden Gate Drive to Nova Road (SR 5A)

 

The FDOT has requested the City execute the attached Local Area Project (LAP) Agreement and Resolution for the construction of an 8’ wide sidewalk along the south side of Herbert Street from Golden Gate Drive to Nova Road (SR 5A).  The FDOT has agreed to fund 90% of the estimated construction cost ($133,646 of $148,495) and 90% of the estimated Construction Engineering and Inspection cost ($20,048 of $22,275) for this sidewalk.

 

Item 18 -        Resolution No. 13-11 - LAP Agreement for the Spruce Creek Road Trail – South sidewalk from Taylor Road to Central Park Blvd.

 

The FDOT has requested the City execute the attached Local Area Project (LAP) Agreement and Resolution for the design of an 8’ wide sidewalk along the west side of Spruce Creek Road from Taylor Road to Central Park Boulevard.  The FDOT has agreed to fund $27,265 of the estimated $32,077 design cost for this sidewalk and is planning to provide funding for the project construction upon completion of the design.

 

Item 19 -        Resolution No.13-12 – Proposed Drainage Easement Vacation – Lot 15, Pheasant Run Subdivision, Case no. 13-35000001

 

Staff has received an easement vacation application for a portion of a drainage easement located on Lot 15 of the Pheasant Run Subdivision development. Orlino and Donata Flordeliz, the property owners, have made this application as a result of code enforcement action for construction of two unpermitted, permanent elevated decks in the easement area. The property owners have submitted an after-the-fact building permit application for the structures. The structures do not exceed required minimum setback distances for the lot. The easement is not occupied with a drainage pipe and there is no drainage impact to this lot or adjacent properties.

 

Item 20 -        Resolution No. 13-13 – Proposed Conservation Easement Vacation – Lot 16, Pheasant Run West Subdivision, Case no. 12-35000004

 

Staff has received an easement vacation application for a portion of a conservation easement located on Lot 16 of the Pheasant Run West Subdivision development. Christopher Wickersham, agent on behalf of the property owner, has made this application as a result of code enforcement action for the previous clearing of a portion of the easement area to construct a play set. Construction of the play set within the easement was unintentional as the property owner received a survey showing the easement depth as fifty feet instead of correctly identifying it as sixty-five feet. City staff has reviewed this request and proposed a condition for the easement vacation approval and recording of the quit claim deed, consisting of the installation of five (5) shade trees in the open area of the easement. Tree specifications would be a minimum of 2 inches in diameter, 10 feet tall.

 

Item 21 -        Resolution No. 13-14 – Proposed Utility Easement Vacation – Lot 69, Sugar Forest – Phase III Subdivision, Case no. 13-35000002

 

Staff has received an easement vacation application for a portion of a utility easement located on Lot 69 of the Sugar Forest – Phase III Subdivision development. The contractor, agent on behalf of the property owner, has made this request in connection with a proposed detached garage and driveway addition to be constructed in the easement.

 

M.   ADMINISTRATION (Greg Kisela)

 

Item 22 -        Report on Christmas Tree Sales Event

 

Mr. James Kuespert, President, Volusia Motorcycle Training, Inc., P.O. Box 290122, Port Orange, requested and received approval of a License Agreement to use property owned by the Community Redevelopment Agency for Port Orange Town Center to sell Christmas trees during the 2012 holiday season.   Additionally, Mr. Kuespert secured City Council approval of a Conditional Use Permit, as required by the City’s Land Development Code.  When the Conditional Use Permit was approved, the City Council requested a report from Mr. Kuespert after the event concluded.  Mr. Kuespert has been notified to appear to present his report. Attached are documents related to the Christmas tree sales activity conducted on the CRA’s parcel, including recent correspondence from Mr. Kuespert.

 

Item 23 -        City Manager Performance Review

 

Vice Mayor Burnette asked that this item be placed on this agenda.

 

Item 24 -        City Attorney’s Report

 

The City Council asked that the Agenda format include an agenda item that would allow the City Attorney to report and update City Council members.

 

Item 25 -        City Manager’s Report

 

This has been placed on the agenda so that the City Manager can bring items to the City Council attention and to provide information to the City Council about ongoing city activities.

 

N.   COUNCIL COMMENTS

 

Item 26 -        Comments/Concerns from Council Members

 

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

 

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