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

                        March 7, 2006

 

Date:               February 28, 2006

 

 

B.                 BOARD APPOINTMENT

 

Item 4 -           Planning Commission (1 Term to Expire on September 1, 2006)

 

One appointment needs to be made to the Planning Commission to fill the unexpired term of Bill Bickel.  This term will expire on September 1, 2006.  Attached are applications from individuals who have expressed an interest in serving on the Planning Commission. 

 

C.                CITIZEN PARTICIPATION

 

Item 5 -           Introduction of New Director of ArtHaus

 

At this time, the new Program Director of ArtHaus, Stephanie Merryman, will be introduced to the Council.

 

 

Item 6 -           General Employees Pension Plan Financial Status as of September 30, 2006

 

Attached is the Summary Annual Evaluation Report prepared by David Leonard, Actuary for the General Employees Pension Plan.  Mr. Leonard will present this report to City Council and be available to offer explanations and answer questions pertaining to pension matters. 

 

City Manager Comments:  This is not a report to the City Council related to new benefits but rather a report on the condition of the Plan.  Also, it is an opportunity for the City Council to ask questions concerning the long term financial viability of the Plan and for the Plan Actuary to report any funding weaknesses that may lead to a requirement of the City to increase funding to meet the actuarial requirements to maintain funding ratios and to meet the long-term obligation to the employees covered by the Plan.

  

D.                CITIZEN PARTICIPATION

 

E.                 CONSENT AGENDA

 

Item 7 -           Update on Water/Sewer Construction Projects

 

Attached is the report from Quentin Hampton’s regarding the water/sewer construction projects.  If you have questions, please contact either Mark Hampton, Roger Smith, or me.

 

Item 8 -           Update on Recreational Facilities

 

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

 

Item 9 -           Road Construction Report

 

Attached is the report from Public Works on road construction projects.  If you have questions, please contact either Warren Pike or me.

 

City Manager Comments:  I reported to the City Council on February 28 concerning the installation of the signal at Airport and South Williamson Boulevard.  It is anticipated that the signal installation should be completed by mid-April. 

Item 10 -        Change Order to Zev Cohen & Associates, Inc., Contract

 

Due to survey results on the first site for this proposed City cell tower, a new site must be selected.  The new site will not impact sensitive wetland areas and is located adjacent to the Cypress Head Golf Course maintenance facility.  Resources are budgeted and available to cover the contract increase in Account No. 505-100-580-6415.  Staff recommends that Council authorize approval of Change Order No. 1 for $8,000 to Zev Cohen & Associates, Inc., for a contract total not to exceed $41,450.

 

Item 11 -        Approve a TV Production Arrangement with the Port Orange Coalition of Homeowners Association

 

Port Orange’s Bright House  Network Cable Franchise Agreement and pogTV’s business plan are structured in a manner to allow sponsorship grants from the community.  The Port Orange Coalition of Homeowners Associations has approached pogTV to broadcast their monthly meetings.  The Coalition has found a sponsor to fund a grant to air the meetings.  The proposed sponsor is Volusia Memorial Funeral Home of Port Orange on Clyde Morris Blvd.  To air 10 meetings over the course of this year, the grant totals $2,750.   Staff recommends that council approve a broadcast relationship between pogTV and the Port Orange Coalition Homeowners Associations.

 

City Manager Comments:  Because of the type of speakers that appear at the Coalition Meeting, it has been determined that broadcasting their monthly meetings complies with the City’s broadcasting guidelines for governmental television.  We have had requests for individuals to use the channel for public access, and we have denied those requests because they do not meet the programming guidelines as adopted by the City of Port Orange.

 

Item 12 -        Approve Change Order No. 2 to Southmass Construction Regarding the Gamble Restorations

 

Southmass Construction, Inc., has requested Change Order No. 2 for changes and additions to their scope of work not included in their original bid price, which will add 60 days to their schedule as follows:

 

1.                  Remove and install new air handler in main house - $1,967

2.                  Price increase on the gutters of CO No. 1 - $832

3.                  Install new gutters on the Miners Tower - $2,790

4.                  Remove metal fence, install new split rail poplar fence including rebuilding the entrance; spray Thompson Water Treatment on wood - $13,823

5.                  Tent Snow White house - $989

6.                  Rework receptacles in Snow White House and Packing House - $623

7.                  Repair temporary service packing house and check all connections in both panels - $291

8.                  Clean/refurbish kitchen sinks in packing and main house - $486

9.                  Install new ¾” underground conduit, including phone lines, to main house and Snow White’s house to remove the poles - $1,584

10.             Patch and paint damaged wall in Snow White bath areas - $498

11.             Remove flooring in entrance and kitchen area, prep floor, and install new linoleum - $763

 

Total cost of all items - $24,646

 

Staff recommends that Council approve Change Order No. 2 for the addition to Gamble restorations scope of work in the amount of $24,646.

 

Item 13 -        Change Order No. 1 – Schuller Contractors, Inc. – Cambridge Drainage Improvements Parts A, B, and C

 

Schuller Contractors Inc. has submitted Change Order No. 1 to the Cambridge Drainage Improvements contract for the net deductive amount of $2,356,888.74.  This change order is the result of deleting pipe materials (City to purchase separately), deleting Part B (may be added once permit is obtained), and the addition of an end wall and reuse water main which were left off the original bid sheet in error.  The contract modification sheet is attached for your review.  Total revised contract amount to Schuller Contractors Inc. For Parts A and C of the Cambridge Drainage Improvements is $1,816,000.26.  Staff recommends that Council approve Change Order No. 1 for the net deductive amount of $2,356,888.74 to the contract with Schuller Contractors, Inc. for the Cambridge Drainage Improvements Project.

  

City Manager Comments:  We are removing the southern portion of the project from the Schuller contract.  The reason for removing the southern portion from the contract is because of a delay in receiving the permit from the St. Johns River Water Management District.  This delay was caused by a requirement to obtain a letter from the State of Florida allowing the discharge of water into the Spruce Creek Preserve area.  The State of Florida issued the letter.  The City now anticipates receiving the St. Johns permit at the St. Johns Board Meeting the second week in April.  At that time, we will determine whether to add the southern project back into the Schuller contract or to bid it with the central portion of the Cambridge Project. 

 

What is remaining in the Schuller contract is the northern portion of the bid and the Devon retention pond project.  They are moving forward to begin construction.

  

F.                 BOARDS AND COMMISSION

 

Item 14 -        Reports from Advisory Boards

 

a.                  Environmental Advisory Board

 

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

 

b.                  Parks and Recreation Advisory Board

 

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

 

G.                FINANCE

 

Item 15 -        Resolution No. 06-23 -   Employee List of Contribution Amounts at Inception of the General Employees Defined Benefit Pension Plan

 

Attached is a resolution that identifies employees and their respective original contribution amount at the inception of the General Employees Defined Benefit Pension Plan, beginning October 1, 2003.  These funds original from either the old General Employees Defined Contribution Plan or other retirement plan assets available to the employees.  It is important to identify these employees and their original contribution as it is their alternative at retirement to either seek refund of this original contribution amount reduced for any unvested portion or leave it in the plan for payment of future benefits. 

 

Staff recommends that Council approve the attached resolution which states the name of the employee and their respective original contribution amounts at the inception of the General Employees Defined Benefit Pension Plan.

 

City Manager Comments:  When the City Council adopted the General Employees Plan, the Board represented to the employees that there would be a record of the amount of funds that were contributed into the fund by each employee to acquire years of service.  Rather than including the names and amounts in the Ordinance, it was determined that it would be better to include the names and amounts in a separate Resolution.  These funds were transferred from the old retirement system and, in some cases, from ICMA Plans to purchase years of service in the new defined benefit plan.  This provides the official record of the amount of funds each employee transferred into the Plan.

 

Item 16 -        Resolution No. 06-24 – Budget Appropriations

 

 

Council approved the issuance of Economic Development Bonds for the purchase of land on February 7, 2006.

 

The attached resolution appropriates funds for these projects.  Staff recommends approval.

 

 

H.                 COMMUNITY DEVELOPMENT

 

Item 17 -        Second Reading – Ordinance No. 2005-62 – Annexation – Nautica Lakes PUD (Continued to Date Certain of March 7, 2006

 

We recommend approval.

 

Item 18 -        Second Reading – Ordinance No. 2005-63 – Rezoning and Approving a Master Development Agreement and Conceptual Development Plan – Nautica Lakes PUD (Continued to Date Certain of March 7, 2006)

 

We recommend approval.

 

Item 19 -        First Reading – Ordinance No. 2006-9 – Small Scale Future Land Use Amendment – Villas at Key Largo

 

This is a request to amend the Future Land Use Map of the City of Port Orange Comprehensive Plan – Update ’98, for property located at the northwest corner of Yorktowne Boulevard and Hidden Lakes Drive.  The purpose of the map amendment is to change the future land use designation of 10 acres located at the northwest corner of Yorktowne Boulevard and Hidden lakes Drive from Suburban Residential (2-4 units per acre) to Urban Low-Density Residential (4-8 units per acre).  If approved, the amendment would allow the proposed rezoning and development of the property with townhouses.  The staff report is attached for your review.

 

Planning Commission Recommendation:      The Planning Commission recommends approval 5-1 (Commissioner McMasters dissenting, Commissioner Bickel excused).

 

Staff Recommendation:   Staff recommends approval.

 

Second Reading:   April 4, 2006

 

Item 20 -        First Reading- Ordinance No. 2006-10 Ordinance Approving Master Development Agreement and Conceptual Development Plan – Villas at Key Largo

 

This is a request to approve the Master Development Agreement and the Conceptual Development Plan for the Villas at Key Largo PUD.  The proposed PUD will consist of 86 townhome condominium units on 13 acres located at the northwest corner of Yorktowne Boulevard and Hidden Lake Drive.

 

Planning Commission Recommendation:      The Planning Commission recommends approval 6-0 (Commissioner Bickel excused).  The Planning Commission’s recommendation of approval was conditioned upon the remaining outstanding technical comments being addressed prior to scheduling for city Council review, the minimum living area of each unit being increased to 1,100 square feet, and more parking spaces being added if possible.  On January 25, 2006, Staff received the resubmittal for the MDA and CDP addressing these conditions.

 

Staff Recommendation:   Staff recommends approval.

 

Second Reading:   April 4, 2006

 

Item 21 -        First Reading – Ordinance No. 2006-11 - Rezoning – From Volusia County A-2 (Rural Agriculture) to City of Port Orange PUD (Planned Unit Development); Approval of Master Development Agreement and Approval of Conceptual Development Plan – Villa Park PUD

 

This is a request to rezone approximately 69 acres located on the east side of South Williamson Boulevard and the north side of Madeline Avenue from Volusia County “A-2” (Rural Agriculture) to “PUD” (Planned Unit Development); approving the Villa Park Master Development Agreement; and approving the Villa Park Conceptual Development Plan.

 

Planning Commission Recommendation:      The Planning Commission recommended approval 6-0 (Commissioner Bickel excused).

 

Staff Recommendation:   Staff recommends approval.

 

Second Reading:   April 4, 2006

 

K.                 COUNCIL COMMENTS

 

Item 22 -        Comments/Concerns from Council Members

 

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