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 21, 2006

 

Date:               March 13, 2006

 

 

B.                 SPECIAL RECOGNITION AND PROCLAMATIONS

 

Item 4 -           Presentation from Jan McCormack – Museum Director

 

Ms. McCormack will be present to provide the Council with an update on the activities at Gamble Place.

 

Item 5 -           Recognition of Kate Henderson and Allyson Lee Mellinger - Water Conservation Poster and Writing Contest Winners

 

The winner of the Water Conservation and Writing Contests will be in attendance to be recognized by the City Council.  Both individuals are students at Spruce Creek Elementary School. 

 

Item 6 -           Proclamation – Water Conservation Month

 

Attached is the proclamation declaring April as Water Conservation Month.

  

Item 7 -           Proclamation – National Public Works Week – May 21 to May 26, 2006

 

Attached is the proclamation declaring the week of May 21 as National Public Works Week.

  

C.        CITIZEN PARTICIPATION

 

Item 8 -           Request from Debby Cook

 

Attached is a copy of an email from Debby Cook asking to appear before Council.  Ms. Cook is proposing to locate a pet resort in Port Orange.

 

Item 9 -           Randell Brown – Regional Director, State of Florida, Department of Financial Services

 

Mr. Brown appeared before Council last year concerning insurance issues and has asked to appear this evening. 

 

D.  CITIZEN PARTICIPATION

E.     CONSENT AGENDA

 

Item 10 -        Project Managers’ Report

 

Attached is the Project Managers’ Report.  If you have questions, please contact any of the Project Managers or me.

 

Item 11 -        Approve Williamson Economic Development Contract

 

Kimley-Horn and Associates are under a standing services contract with the City of Port Orange.  Staff is seeking authorization to proceed with the attached scope of services.  Funding is allocated for this effort in Account No. 307-1000-580-6397.  Staff recommends that Council authorize the City Manager to execute a contract NTE $370,000 with Kimley-Horn & Associates to perform engineering services in accordance with the attached scope of work.

 

Item 12 -        Change Order No. 1 – Engineering Fees – Cambridge Basin Drainage Improvements Construction Phase

 

On February 21, Council approved $325,000.00 to Quentin Hampton Associates for engineering fees associated with the construction phase of Parts A, B and C of the Cambridge Basin Drainage Improvements project.  Part B has since been removed and Quentin Hampton Associates has revised their fees accordingly.  As shown on the letter attached, total revised fees for the construction phase of Parts A & C is $188,484.00 resulting in a deductive Change Order No. 1 in the amount of $136,516.00.  Funds are available in Account #41518005416397, Project #DIP002.

 

Staff recommends approval of deductive Change Order No. 1, in the amount of $136,516.00, for the Quentin Hampton engineering fees for the construction phase of the Cambridge Drainage Improvements project.  Total revised fees for Parts A & C should not exceed $188,484.00. 

 

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 $1,938,925.00.  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 $2,233,844.00.

 

Staff recommends approval of Change Order No. 1 for the net deductive amount of $1,938,925 to the contract with Schuller Contractors Inc. for the Cambridge Drainage Improvements project.  Total revised contract amount for Parts A & C is $2,233,844.00. 

 

Item 14 -        Community Development Business Software Request for Proposal (RFP) Award

 

Council authorized the negotiation of the Community Development RFP on February 7, 2006, (Consent Agenda Item D.13 attached).  Staff has negotiated a $30,000 reduction in the submitted proposal.   Funds have been allocated for this project within the Information Technology and Community Development Departments.  Specific account numbers and amounts are as follows:

 

501-0700-590-4902 -           Software - $125,000

501-0700-590-3113 -           Professional Services - $40,000

109-1901-515-3113 -           Professional Services - $25,000

 

The project number has been identified by the Finance Department as ZMI-011.  Additionally, this FY05 project has been outlined in the City’s five year Technology Improvement Plan, Community Development will acquire software to address specific business needs:  (Appendix A, Business Environment B.3.A. attached).  The specific use of the software will be to improve the processing of permitting, land use, and occupation licensing.  The software will also provide the City enhanced reporting and information collection capabilities.  Maintenance costs will be reduced by $7,000 annually.

 

Staff recommends the award and execution of the attached RFP contract in an amount not to exceed $190,000.   501 funding should be used first with 109 fund last in order to minimize possible fund advances.

 

Item 15 -        Bid Award – Landscape Contract

 

Staff advertised and received six bid submittals for the Landscape Maintenance Contract, Bid No. B06-04.  The areas covered under this contract are City owned right-of-ways, retention ponds, medians and parkways and landscapes around City owned facilities.  The contract is divided into four sections, each based on level of maintenance required, from basic mowing to full landscape maintenance including spray applications for fertilizer, weed and pest control.  Staff recommends award of bid based on low bid vendor by area and the Commentary and spreadsheets attached provide a detailed breakdown of the award recommendation.

 

Staff recommends approval to award Sections 1 & 2 of the Landscape Contract to low bid vendor, Glencoe Lawns Inc., for a total not to exceed $58,241.94; Section 3 to low bid vendor Tuff Turf Landscaping for a cost not to exceed $45,321.87 and Section 4 to low bid vendor, Tif-Jen Inc., for a cost not to exceed $454,432.00.  Total annual cost will not exceed $557,995.81.         

 

Item 16 -        “Piggyback” State of Florida and Sheriff Contracts to Purchase Fleet Vehicles

 

Staff has reviewed vehicle needs for each department.  The Fleet Purchase Summary sheet attached provides a breakdown of each vehicle requested, current age of existing fleet, cost to maintain, and 2006 purchase cost.  By “piggybacking” State and Sheriff’s Department contracts, we are able to purchase these vehicles at the lowest price available.  The total cost for the fleet vehicles requested will not exceed $970,046.24; and funds are available in the Fleet Finance Account No. 50510005806400.

 

Staff recommends approval to purchase the fleet vehicles as shown on the Fleet Purchase Summary sheet for a total cost not to exceed $970,046.24.

 

Item 17 -        Extend Service Contract for Lakes, Ponds, and Ditches – Aquatic Weed Control, Inc.

 

Our lake service contract with Aquatic Weed Control is due to expire.  As allowed by contract, staff requests approval to extend the agreement an additional year.  Aquatic Weed Control is willing to renew without any increase in price with the exception of the CPI rate increase of 3.23% (75% of the Consumer Price Index of the Southern States multiplied by the previous year’s contract).  Total annual cost will not exceed $43,432.96.

 

Staff recommends we extend the Lake Service contract with Aquatic Weed Control Inc. for an annual cost not to exceed $43,432.96

 

Item 18 -        Co-Sponsor and Waive the Application Fee for the Volusia County MPO Event to be held April 22, 2006

 

Staff is requesting the City to co-sponsor the Volusia County MPO event to be held at City Center Sports Complex on April 22, waiving fees in the amount of $1,063 (event cost estimate sheet attached), charging only a $25 application fee.  Staff recommends approval.

 

Item 19 -        Renew Thermoplastic Street Striping Services

 

The thermoplastic street striping contract with Southeast Pavement Marking Inc. is due to expire. Southeast is willing to renew for another year without any increase in pricing and staff is satisfied with their past performance.   Funds are available in Account 00143005415363, Project #IMI002.

 

Staff recommends the Thermoplastic Street Striping contract, Bid #04-06, with Southeast Pavement Marking Inc. be extended another year.

  

Item 20 -        Monthly Development Activity Report and the Building Activity Report for January and February, 2006

 

The attached Staff Reports include the Development Activity Report for February 2006 and the Building Activity Report for January 2006.  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 these staff reports (monthly Development Activity Report and the Building Activity Report) for January and February, 2006.

 

Item 21 -        Removal of Air Conditioning Unit at 107 Ocean Avenue, Halifax Mobile Home Park

 

Staff recommends that Council approve the removal of the main air condition unit at 107 Ocean Avenue in the Halifax Mobile Home Park.  Attached is a letter from Mr. Steinbronn asking permission to purchase the air condition unit for $175.00.

 

Staff recommends that Council authorize John Steinbronn to purchase the main air condition unit at 107 Ocean Avenue, Halifax Mobile Home Park in the amount of $175.00

  

F.     REPORT FROM ADVISORY BOARD

 

Item 22 -        Citizen Advisory Committee for MPO

 

A representative of the Citizen Advisory Committee for the MPO will make a report to the Council at this time. 

 

G.    FINANCE

 

Item 23 -        Resolution No. 06-26 - Budget Appropriations

 

Council approved the application of a grant from the St. Johns Water Management District for the Cambridge Basin on August 2, 2005.  Council also approved the acceptance of a Capital Recovery agreement with D.R. Horton for various transportation projects on November 15, 2005.  In addition Council approved the acceptance for a joint participation agreement in June 1, 2004 with FDOT for the Nova Road medians last fiscal year. 

 

Staff has performed a budget review of the Building department operations, Fire department operations, and the capital project agreements (shown above).  This review indicates that changes in budget appropriations are necessary.  The Nova road median project expenditure budget was not correctly included in the Carryover budget resolution.

 

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

 

Item 24 -        Monthly Financial Report

 

Attached is the Monthly Financial Report.  If you have questions, please contact either John Shelley or me.

 

H.     COMMUNITY DEVELOPMENT

 

Item 25 -        Second Reading – Ordinance No. 2006-8 – Rezoning – From R-10SF to R-2D – Vanlancker

 

We recommend approval.

 

Item 26 -        Final Plat & Plans, Subdivision Improvement Agreement, and Concurrency and Fair Share Agreement – Port Orange Landings, Phase II

 

This is a request to approve the Subdivision Improvement Agreement (S.I.A.) and Concurrency and Fair-Share Agreement for this project. The 54.4 acre site is located along the north side of Yorktowne Boulevard, east of Hidden Lakes Drive.  If approved, the property would be developed with 162 single family lots with associated common areas and infrastructure at a density of approximately 3.0 units/acre.  Please note that all outstanding technical comments have been addressed.

 

The concurrency and Fair Share Agreement for this project addresses impacts to several nearby roads and intersections, including the intersection of Dunlawton Avenue and Clyde Morris Boulevard, the extension of Summertrees Road, the addition of a second north-bound right-turn lane from Williamson Boulevard onto Taylor Road, the planned improvements at the I-95 interchange, and the widening of Williamson Boulevard north of Madeline Avenue.  The Landscape License Agreement will be executed by Centerline Homes as a successor to Port Orange Landings LLC.

 

Planning Commission Recommendation:      The Planning Commission recommended approval 5-0 (Commissioners Barker and Bickel excused) of the Final Plat and Plans for the Port Orange Landings, Phase Ii subdivision, subject to:

 

·        Resolution of all outstanding comments referenced in the attached staff report prior to scheduling for City Council review;

·        City Council approval and execution of the SIA, Concurrency an Fair Share Agreement, and Landscape License Agreement;

·        Completion of all procedural matters on the list of Advisory Comments by the times required; and

·        Final review by the City Attorney as to legal form and content; and conditioned upon recording of Port Orange Landings Phase I plat.

 

Staff Recommendation:   Staff recommends approval.

 

Item 27 -        Conditional Use – RV & Boat Storage – 4465 Spruce Creek Road

 

This is a request to approve the Conditional Use request of Spruce Creek Partners, LLC, to allow the continuation of the existing RV and boat storage at 4465 Spruce Creek Road until March 22, 2008 (and to waive the application and legal advertising fees).

 

Spruce Creek Partners, LLC, has applied for Conditional Use approval to continue to operate an existing recreational vehicle and boat storage facility on a portion of the 8.2 acre parcel located at 4465 Spruce Creek Road.  The subject property was formerly owned by Robert and Helen Bilotta.  Spruce Creek Partners acquired the property in January, 2006.  Since Conditional Uses do not transfer with a change in property ownership, the new owner must obtain a new Conditional Use approval or discontinue the existing RV and boat storage use.  The new owner has elected to pursue a two (2) year Conditional Use approval.  The applicant has also requested that their application fee be refunded.  The City’s application fee for a Conditional Use is $450 and the actual cost of legal advertising.  For this case, the legal advertising costs were $388.20.  A waiver of fees is at the sole discretion of the Council.

 

Planning Commission Recommendation:      The Planning Commission recommended approval 6-1 (Commissioner McMasters dissenting).

 

Staff Recommendation:   Staff recommends that Council approve the Conditional Use request of Spruce Creek Partners, LLC, to allow the continuation of the existing RV and boat storage at 4465 Spruce Creek Road until March 22, 2008 (and to waive the application and legal advertising fees).

 

I.         ADMINISTRATION

 

Item 28 -        Resolution No. 06-27 - Florida Inland Navigation District (FIND) Grant  (Gamble Canoe Launch and Ramp Construction – Phase 2)

 

The City seeks assistance from the FIND grant program to construct a canoe launching facility and ADA walkway ramp at the Gamble property.  FIND awarded a grant in 2004 to fund the design and permitting of the launch and walkway.  The construction costs associated with this project total $200,000.  The City is requesting $100,000 from the FIND program and matches the request with $100,000 in cash.  The City match is expected to originate from the Port Authority Grant.  The FIND program specifically requires that Attachment E-6 and its related language be approved.

 

Staff recommends that Council approve the attached resolution authorizing the City Manager to submit a grant application to the Florida Inland Navigation District (FIND) grant program, provide a match, and authorize the Mayor and City Manager to execute any agreements or contracts.

 

Item 29 -        Resolution No. 06-28 - Florida Inland Navigation District (FIND) Grant (Riverwalk Boardwalk and Park Facilities Preliminary Design – Phase 1)

 

Under Florida Inland Navigation District Water Assistance grant program, Port Orange seeks funding assistance to conduct preliminary design work on the Town Center Riverwalk Boardwalk and Park facilities.  The total cost estimate for the entire planning effort is $750,000.  Staff plans to segment the design into Phase 1 – Preliminary Design and Phase 2 – Engineering Construction Plans and Permitting.  Phase 3 would be the actual construction of the boardwalk and park facilities.  The City is requesting $140,000 from the FIND program and matches the request with $140,000 in cash.  The City Match is expected to originate from the Port Authority Grant.  The FIND program specifically requires that Attachment E-6 and its related language be approved.

 

Staff recommends that Council approve the attached resolution authorizing the City Manager to submit a grant application to the Florida Inland Navigation District (FIND) grant program, provide a match, and authorize the Mayor and City Manager to execute any agreements or contracts.

  

Item 30 -        Resolution No. 06-29 - Ponce de Leon Inlet & Port District Grant (Riverwalk Boardwalk and Park Facilities Preliminary Design – Phase 1)

 

The Ponce de Leon Inlet & Port District provides funds to projects that improve the marine-related economic, recreational, and ecological vitality of east Volusia County.  Port Orange plans to submit an application to the district to fund preliminary design work on the Town Center Riverwalk Boardwalk and park facilities.  Next year, the City will submit another application to fund the Phase 2, Engineering Construction plans and permitting.  The City is requesting $150,000 from the Ponce de Leon Inlet & Port District JJP program and matches the request with $150,000 in cash.  The City match will originate from the FIND grant.

 

Staff recommends that Council approve the attached resolution authorizing the City Manager to submit a grant application to the Ponce de Leon Inlet & Port District Joint participation program, provide a match, and authorize the Mayor and City Manager to execute any agreements or contracts.

 

Item 31 -        Resolution No. 06-30 - Ponce de Leon Inlet & Port District Grant (Gamble Place Canoe Launch Construction – Phase 2)

 

The Ponce de Leon Inlet and Port District funds projects that support waterway access and recreational pursuits.  Port Orange plans to submit an application to the district to fund the construction of the canoe launch facilities and ADA ramp system at Gamble Place to provide public access to Spruce Creek, an Outstanding Florida Water and State Canoe Trail.  Currently, there is no public access to the Creek west of Interstate 95.  This facility will be the first.  The only other access point to Spruce Creek is the County’s U. S. 1 Park south of Rose Bay.  The City is requesting $100,000 from the Port District JJP program and matches the request with $100,000 in cash.  The City match will originate from the FIND grant.

 

Staff recommends that Council approve the attached resolution authorizing the City Manager to submit a grant application to the Ponce de Leon Inlet & Port District, Joint participation program, provide a match, and authorize the Mayor and City Manager to execute any agreements or contracts.

 

J.      COUNCIL COMMENTS

 

Item 32 -        Comments/Concerns from Council Members

 

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

 

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