MEMORANDUM

 

 

To:                   Mayor Allen Green

            Vice Mayor Mary S. 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

September 6, 2005

 

Date:               August 29, 2005

 

 

B.                 PUBLIC HEARING

 

Item 4 -           Discussion of Proposed Millage Rate FY05/06

 

The City staff is proposing a tax rate of 4.80 mills.  This is the same tax rate as this year’s rate.  However, because of the value changes, the rate has been advertised as a 10.76% increase over the roll back rate.

 

Item 5 -           Resolution No. 05-76  - Adopting the Tentative Millage Rate for FY05/06

 

The attached resolution will approve the tentative Millage rates for FY05/06.  If you have questions, please contact either John Shelley or me.

 

Item 6 -           Resolution No. 05-77  - Adopting the Tentative Operating Budget for FY05/06

 

The attached resolution will approve the tentative operating budget for FY05/06.  If you have questions, please contact either John Shelley or me.

 

Item 7 -           Resolution No. 05-78  - Adopting the Tentative Capital Budget for FY05/06

 

The attached resolution will approve the tentative capital budget for FY05/06.  If you have questions, please contact either John Shelley or me.

  

C.                SPECIAL RECOGNITION AND PROCLAMATIONS

 

Item 8 -           Proclamation – National Breast Cancer Awareness Month

 

Attached is the proclamation naming October as National Breast Cancer Awareness Month.

  

D.                CITIZEN PARTICIPATION (Non-Agenda)

 

E.                 CONSENT AGENDA

 

Item 9 -           Approval of Minutes

 

Attached are the minutes of the following meetings:

 

a.                  April 26, 2005 – Special City Council Meeting

b.                  April 26, 2005 – Regular City Council Meeting

c.                  May 3, 2005 – Special City Council Meeting

d.                  May 3, 2005 – Regular City Council Meeting

e.                  May 17, 2005 – Special City Council Meeting

f.                    May 17, 2005 – Regular City Council Meeting

 

Staff recommends approval.

 

Item 10 -        Update on Water/Sewer Construction Projects

 

Attached is the report from Quentin Hampton’s.  If you have questions, please contact Rick Fernandez, Mark Hampton, Roger Smith, or me.

 

Item 11 -        Update on Recreational Facilities

 

Attached is the report from Parks and Recreation.  If you have questions, please contact either Glen Walker or me.

  

Item 12 -        Banking Contract Extension

 

In the recent Banking Bid awarded to SunTrust, the contract allowed for optional renewals.  Staff would like to extend the current agreement for the first year option all owed.  Staff further recommends that the Council authorize this extension for two (2) years under the same prices, terms, and conditions. 

 

Staff recommends that Council renew the Banking Contract Agreement with SunTrust Bank for the first two (2) year renewal allowed.

 

Item 13 -        Bid Award – Cooperative Purchase of Bulk Chemicals

 

The City of Port Orange has again this year joined several local municipalities in a cooperative bid for the purchase of bulk chemicals.  Bid tabulations are attached.  A comparison of bid prices versus current prices is as follows:

Chemical                                Current Price             Bid Price (Vendor)

 

Chlorine

150 Lb. Cylinders                  $44.00 cyl.                 $46.00/cyl (Jones Chemical)

Liquid CO2                            $128.00 ton               $135.00 ton (AirLiquide)

Bulk Quicklime                      $106.46 ton               $114.76 ton (O-N Minerals)

Anionic Polymer                    $.3699 lb.                   $.66 lb. (Stockhausen)

Liquid Sulfur Dioxide                        $330.00 ton               $397.80 ton (Allied Universal)

Hydrofluosilisic Acid             $138.00 ton               $140.90 ton (Allied Universal)

Ammonia

Bulk Tank Delivery                $.255 Lb.                    $.319 Lb. (Tanner Industries)*

150 Lb. Cylinders                  $130.00 cyl.               $150.00 cyl. (LaRoche Ind.)

Sodium Hypochlorite                        $.431 gal. GWP        $.648 gal. (Allied Universal)**

                                                $.431 gal.  RWP        $.648 gal. (Allied Universal)

Methanol                                $1.559 gal.                 $1.539 gal. (Whitaker Solvents)                 

Aluminum Sulfate                  No bid solicited this year.               

  

Staff recommends award as listed above representing the most responsible, responsive bidder.

*The bid request for bulk Ammonia included the cost of tank rental.  The recommended award takes this into account.

** Allied Universal is our current vendor for Sodium Hypochlorite and we have experienced delivery problems with them at times.  They have been advised of this and assured us in writing there would be no further problems in delivery.   Should they fail to provide service as required, we would be forced to award to the next low bidder, Odessey Mfg.Corp. at $.65/gallon.

 

Staff recommends that Council approve bid award to the low bidder (vendor indicated in brackets) for each of the bulk chemicals listed, and authorize the Mayor and City Manager to execute contract documents on behalf of the City.

 

Item 14 -        Award Contract for  Pavilion at Amphitheater

 

The City has been working with the Port Orange Community Trust to construct a Pavilion at the Amphitheater.  The facility will have restrooms, dressing rooms, a kitchen area, storage, and concession area.  It is being constructed to hurricane standards and will be used as a shelter and food preparation and serving area should a hurricane threaten Port Orange.

 

Staff recommends that Council award a contract in the amount of $1,691,452.30 to Robert Hall Construction LLC for the construction of the pavilion at the Amphitheater and waive formal bidding procedures.  The reason the City is recommending this approach is to take advantage of funds that have already been raised by the Port Orange Community Trust and donations that have been made by sub-contractors or committed to the Trust by sub-contractors.

 

City Manager’s Comments:  The City has been working with the Port Orange Community Trust for about two years on this project.  It is a tri-funded project.  Funds are being provided by the City of Port Orange, Volusia County through a grant from ECHO, and the Port Orange Community Trust.  The City requested certain improvements be made to the Pavilion so that it could be used as an emergency management facility as well as a pavilion for the amphitheater.  The Community Trust has committed to attempting to raise additional funds to help offset the cost of the Pavilion.  However, in order to get the building constructed, the City of Port Orange would guarantee the payment of the funds to the contractor.  The City has received a grant from Volusia County in the amount of $420,000.  The Community Trust has contributed $80,000 in cash to the project so far.  The contractor has been able to secure a discount in the amount of $68,135.96 from subcontractors. 

  

Both Al Bell and Pete Atwood have indicated that they have been told that additional funds are available after the building is under construction.  However, in order to award a contract for the building, the City must commit and guarantee the entire contract. 

 

Funding for the pavilion is from the following sources:

 

ECHO                         $   420,000

Community Trust       $     80,000

City of Port Orange   $1,191,523

 

Port Orange funding is coming from the following sources:

 

Recreation Impact Fees, Interest Earnings from the General Fund Bond Issue, savings that have been achieved through obtaining grant funds for recreational projects that were included as part of the General Fund Bond Issue (Russell Property and the Coraci Property).

 

Item 15 -        Voting Delegate – National League of Cities Congress of Cities

 

Attached is a letter from the National League of Cities asking that a voting delegate be named for the Congress of Cities to be held in Charlotte, North Carolina, in December, 2005.  Vice Mayor Mary Martin is registered to attend this conference.  It is recommended that Ms. Martin be named as the City’s voting delegate.

 

Staff recommends that Council appoint Vice Mayor Mary Martin to serve as the voting delegate at the annual business meeting for the National League of Cities Congress of Cities in Charlotte, North Carolina, in December, 2005.

  

F.                 BOARDS AND COMMISSION

 

Item 16 -        Report from Advisory Board:  Environmental Advisory Board

 

A representative of the Environmental Advisory Board will make a report to the Council at this time.

  

G.                FINANCE

 

Item 17 -        Resolution No. 05-79 - Five Year Capital Improvement Program

 

The Five Year Capital Improvement Program (CIP) is a spending plan for capital projects for FY05/06 through FY10/11.  This plan is reviewed and adopted each year.  The FY05/06 projects will become part of the proposed Capital budget.  Staff recommends approval.

 

Item 18 -        Resolution No. 05-80 - Budget Appropriations

 

City staff has reviewed various operating funds.  The attached resolution appropriates funds for various operating needs.  Staff recommends approval.

 

H.                 COMMUNITY DEVELOPMENT

 

Item 19 -        First Reading – Ordinance No. 2005-36  - Amending Sections 14-54, 14-55, and Establishing Section 14-56 of the Code of Ordinances Relating to Building Permit and Related Fees

 

The Chief Building Official and the Community Development Director recommend to the City Council the revision of the Building Permit Fees to include a fee for archiving records, providing for payment of the archive fees at the time of permit issuance, and providing for enforcement.  Staff recommends that Council approve the attached ordinance amending Sections 14-54, 14-55, and establishing Section 14-56 of the City of Port Orange Code of Ordinances.

 

Second Reading:   September 20, 2005

  

Item 20 -        Resolution No. 05-81 - Building Permit Fee Schedule Change

 

This amends the 2002 fee schedule relating to building construction fees to cover the cost of increased workload and inspections due to the implementation of the new 2004 Florida Building Code.  It will cover the cost of two additional inspections required by the new code and also the increased administrative and overhead cost over the past 3 years.  This will be done by elevating the cost of construction to coincide with the new ICC Building Valuation Data which has increased approximately 20% over the past 2 years and increasing the valuation of other miscellaneous work to bring them in line with current valuations being charged for the type of work.  It will also add a separate archive to cover the cost of State required records retention regulations.  Staff recommends approval.

 

City Manager’s Comments:  During the budget sessions, these fees were discussed as potential for funding additional positions for the Building Division of Community Development.  The budget contemplates these fees being in place to fund those positions.

 

Item 21 -        Resolution No. 05-82 - Proposed Tree Conservation Easement Vacations – SummerTrees South PUD, Phase II Subdivision, Lot 50 (1312 Shadow Path Drive)

 

The Community Development Department has received a request to vacate an 18.00 feet in diameter Tree Conservation Easement and an 18.50 feet in diameter Tree Conservation Easement, centers located on Lot 50 of the Summer Trees South PUD, Phase II subdivision.  The property owner has made this request in connection with a proposed pool and screened enclosure to be constructed in the easement area.  Applications for these proposals have been received.   Staff has inspected the premises to determine appropriate mitigation options.  Upon inspection, it was discovered that the trees have been removed.  Staff does not have knowledge of when the trees were removed and there are no records of tree removal permits for this address.  From the condition of the stumps, it appears one was removed more than a year ago and the other within the last six months.  Both stumps exhibit full trunk rot with only the outer cambium layer still present, indicating that the trees were significantly deteriorated or dying prior to removal.  This is another example of where a development attempts to meet minimum specimen tree requirements on individual lots and several years late this attempt proves to be ineffective.  Compounding this is the effect of last year’s hurricanes in which many trees were lost both during the storms and afterward in the period in which tree removal permits were waived. 

Due to our past experience with the ineffectiveness of tree conservation easements on private lots, staff supports the applicant’s request to vacate the two easements and pay into the tree mitigation bank in lieu of planting replacement trees.  The required amount is $798.00.  The lot owner will also be required to maintain the minimum number of trees on site per the Land Development Code, which, in this case, is four.

 

The easement vacation application and legal description have been reviewed for completeness and accuracy.  City departments have reviewed this request and have provided the tree bank amount to the applicant.  The tree bank payment will need to be deposited prior to the recording of the quit claim deed for the easement vacation.

 

Staff recommends that Council approve the attached resolution vacating an 18.00 fee in diameter Tree Conservation Easement and an 18.50 feet in diameter Tree Conservation Easement, centers located on Lot 50 of the SummerTrees South PUD, Phase II subdivision, per the attached legal descriptions.

 

Item 22 -        Final Plat & Plans and Subdivision Improvement Agreement – Sunset Cove Phase II

 

This is a request to approve the Final Plat & Plans for the Sunset Cove Phase II Subdivision and to approve the Subdivision Improvement Agreement for this project.  If approved, the approximately 26 acre site located on the south side of Madeline Avenue, east of Williamson Boulevard, will be developed with 85 single family units, along with associated infrastructure and stormwater improvements.

 

Planning Commission Recommendation:      The Planning Commission recommends approval 5-1 (Commissioner Gutauckis dissenting and Commissioner Barker absent), subject to the resolution of the outstanding comments referenced in the July 21, 2005, staff report.

 

Staff Recommendation:   Staff recommends approval.

  

Item 23 -        Final Plat & Plans and Subdivision Improvement Agreement – Sunset Cove Phase III

 

This is a request to approve the Final Plat & Plans for the Sunset Cove Phase III Subdivision and to approve the Subdivision Improvement Agreement for this project.  If approved, the approximately 6 acre site located on the south side of Madeline Avenue, east of Williamson Boulevard, will be developed with 29 single family units, along with associated infrastructure and stormwater improvements.

 

Planning Commission Recommendation:      The Planning Commission recommends approval, subject to the resolution of the outstanding comments referenced in the July 21, 2005, staff report.

 

Staff Recommendation:   Staff recommends approval.

 

I.                     PUBLIC WORKS

 

Item 24 -        First Reading – Ordinance No. 2005-37  - Award Roll-Off Franchise Agreement – 4 Jays Management, Inc.

 

Staff advertised the non-exclusive franchise agreement for roll-off container service and received seven submittals.  Under this agreement, vendors are allowed to contract container services with various organizations, firms, or entities within the City of Port Orange for the collection and disposal of construction/demolition debris.  In exchange, the City is paid monthly by each vendor, based on “per pick up” of each container placed in service.  In addition to the monthly contract payment, vendors also provide roll-off containers for City use as specified in the ordinance.  This agreement with 4 Jays Management Inc. will be effective October 1, 2005, and will end September 30, 2006.  Staff recommends approval.

 

Second Reading:   September 20, 2005

  

Item 25 -        First Reading – Ordinance No. 2005-38  - Award Roll-Off Franchise Agreement – Halifax Wrecking, Inc.

 

Staff advertised the non-exclusive franchise agreement for roll-off container service and received seven submittals.  Under this agreement, vendors are allowed to contract container services with various organizations, firms, or entities within the City of Port Orange for the collection and disposal of construction/demolition debris.  In exchange, the City is paid monthly by each vendor, based on “per pick up” of each container placed in service.  In addition to the monthly contract payment, vendors also provide roll-off containers for City use as specified in the ordinance.  This agreement with Halifax Wrecking, inc., will be effective October 1, 2005, and will end September 30, 2006.  Staff recommends approval.

 

Second Reading:   September 20, 2005           

 

Item 26 -        First Reading – Ordinance No. 2005-39 - Award Roll-Off Franchise Agreement – Onyx Waste Services, Inc.

 

Staff advertised the non-exclusive franchise agreement for roll-off container service and received seven submittals.  Under this agreement, vendors are allowed to contract container services with various organizations, firms, or entities within the City of Port Orange for the collection and disposal of construction/demolition debris.  In exchange, the City is paid monthly by each vendor, based on “per pick up” of each container placed in service.  In addition to the monthly contract payment, vendors also provide roll-off containers for City use as specified in the ordinance.  This agreement with Onyx Waste Services, Inc., will be effective October 1, 2005, and will end September 30, 2006.  Staff recommends approval.

 

Second Reading:   September 20, 2005

  

Item 27 -        First Reading – Ordinance No. 2005-40 - Award Roll-Off Franchise Agreement – Samsula Landfill, Inc.

 

Staff advertised the non-exclusive franchise agreement for roll-off container service and received seven submittals.  Under this agreement, vendors are allowed to contract container services with various organizations, firms, or entities within the City of Port Orange for the collection and disposal of construction/demolition debris.  In exchange, the City is paid monthly by each vendor, based on “per pick up” of each container placed in service.  In addition to the monthly contract payment, vendors also provide roll-off containers for City use as specified in the ordinance.  This agreement with Samsula Landfill, Inc., will be effective October 1, 2005, and will end September 30, 2006.  Staff recommends approval.

 

Second Reading:   September 20, 2005

 

Item 28 -        First Reading – Ordinance No. 2005-41 - Award Roll-Off Franchise Agreement – Set Materials, Inc.

 

Staff advertised the non-exclusive franchise agreement for roll-off container service and received seven submittals.  Under this agreement, vendors are allowed to contract container services with various organizations, firms, or entities within the City of Port Orange for the collection and disposal of construction/demolition debris.  In exchange, the City is paid monthly by each vendor, based on “per pick up” of each container placed in service.  In addition to the monthly contract payment, vendors also provide roll-off containers for City use as specified in the ordinance.  This agreement with Set Materials, Inc., will be effective October 1, 2005, and will end September 3, 2006.  Staff recommends approval.

 

Second Reading:   September 20, 2005

 

Item 29 -        First Reading – Ordinance No. 2005-42 - Award Roll-Off Franchise Agreement – Waste Management Services, Inc.

 

Staff advertised the non-exclusive franchise agreement for roll-off container service and received seven submittals.  Under this agreement, vendors are allowed to contract container services with various organizations, firms, or entities within the City of Port Orange for the collection and disposal of construction/demolition debris.  In exchange, the City is paid monthly by each vendor, based on “per pick up” of each container placed in service.  In addition to the monthly contract payment, vendors also provide roll-off containers for City use as specified in the ordinance.  This agreement with Waste Management Services, Inc., will be effective October 1, 2005, and will end September 3, 2006.  Staff recommends approval.

 

Second Reading:   September 20, 2005

 

Item 30 -        First Reading – Ordinance No. 2005-43 - Award Roll-off Franchise Agreement – Waste Services of Florida, Inc.

 

Staff advertised the non-exclusive franchise agreement for roll-off container service and received seven submittals.  Under this agreement, vendors are allowed to contract container services with various organizations, firms, or entities within the City of Port Orange for the collection and disposal of construction/demolition debris.  In exchange, the City is paid monthly by each vendor, based on “per pick up” of each container placed in service.  In addition to the monthly contract payment, vendors also provide roll-off containers for City use as specified in the ordinance.  This agreement with Waste Services of Florida, Inc., will be effective October 1, 2005, and will end September 30, 2006.  Staff recommends approval.

 

Second Reading:   September 20, 2005

 

J.                  ADMINISTRATION

 

Item 31 -        Second Reading – Ordinance No. 2005-34 – Transportation Impact Fee

 

We recommend approval.

 

K.                 COUNCIL COMMENTS

 

Item 32 -        Comments/Concerns from Council Members

 

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

 

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