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 City Council Meeting of May 17, 2006

 

Date:               May 8, 2006

 

 

B.                 SPECIAL RECOGNITION AND PROCLAMATIONS

 

Item 4 -           Port Orange Elementary Schools – Art Contest Winners

 

The Port Orange Police Department in cooperation with Wal-Mart is promoting crime prevention in the City of Port Orange by sponsoring a Crime Prevention Art Contest at all five elementary schools in Port Orange – kindergarten through fifth grade.  First place winners from each of the five elementary schools will receive a certificate and a new bicycle.  Winners will be presented with their new bicycles at the Port Orange City Council Meeting on May 16, 2006. 

 

C.                CITIZEN PARTICIPATION

D.                CONSENT AGENDA

 

Item 5 -           Monthly Development Activity Report and Building Activity Report for March and April, 2006

 

The attached Staff Reports include the Development Activity Report for April 2006 and the Building Activity Report for March, 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 acceptance of the reports.

 

Item 6 -           Extend Concrete Sidewalks and Curbing Contract

 

Last year, Council awarded the concrete sidewalk and curbing contract, Bid No. B05-13, to low bid vendor Municipal Contracting Corporation.  This contract is due to expire and Municipal is willing to renew without any increase in price.  Staff is satisfied with their performance and recommends the contract be extended for an additional year as allowed by contract.  The contract will be effective June 1, 2006, through May 31, 2007. 

 

Item 7 -           Contract Addendum – Jefferson Government Relations

 

The City entered into an agreement with Jefferson Government Relations to represent the City in Washington D.C. with the members of our Congressional Delegation.  The Jefferson Government Relations group has been very active in seeking the City’s support of funding for the Rose Bay project.  The attached agreement will extend our agreement with Jefferson Government Relations through June 7, 2007.  Staff recommends approval.

 

City Manager’s Comments:         We continue to focus on the Rose Bay project.   We are working on additional appropriations for Rose Bay.  We are attempting to secure $1.1 million for the fiscal year beginning October 1, 2006.  We would be requesting the final amount for the fiscal year beginning October 1, 2007.  Currently, there is $250,000 that has been appropriated for this current fiscal year; however, the Corps has been prohibited from signing an agreement that would allow this money to be used to remove the old causeway.  The Jefferson Group is still working on this item for us.

 

Item 8 -           Bid Award – Solid Waste Collection and Disposal Contract

 

Staff advertised and received two bids on the Solid Waste and Disposal Contract.  Two other vendors declined to bid and their letters of explanation are attached.  This contract provides for the collection of household garbage, yard waste, and recycling for both residential and commercial customers, and street sweeping services.  As shown on the attached summary, Onyx Waste Services Southeast, Inc., is low bid vendor.  Once awarded, this contract will be effective October 1, 2006, through September 30, 2011.  Staff recommends that Council award the Solid Waste Collection and Disposal Contract, Bid No. 06-07, to low bid vendor, Onyx Waste Services Southeast Inc.

 

City Manager’s Comments:         If the City Council accepts the bids of Onyx, it would mean a $9.00 per month increase in solid waste rates for residential customers.  It would mean a monthly charge of about $23.75 as compared to $14.75 today.  At the pre-bid meeting, there were 5 vendors present but only 2 vendors submitted bids.

 

What options are available?

 

Option 1:       Accept the Onyx bid and award the contract.

Option 2:       Reject the bids and re-bid the contract based upon a reduction in service.  Be aware there is no guarantee that reducing items in the bid specifications will translate into lower prices.  Some of the items that could be considered are:

 

1.                  Allowing the contractor to extend the life of vehicles dedicated to the Port Orange contract.  Currently, our contract requires the vehicles and equipment to be replaced every five years.  The reason this provision was included in previous contract related to complaints from residents about leaky seals on trucks and the overall condition of the equipment.

2.                  Allowing the contractor to use the vehicles dedicated to Port Orange on other routes in other communities when not needed in Port Orange.  Because Port Orange has a requirement that the City holds the titles on the vehicles with power of attorney to execute in the case of default that transfer the vehicles to Port Orange, this would mean that potentially the vehicles would have more wear and tear on them should a default occur.

3.                  Allowing the contractor to use day labor instead of requiring the collectors to be employees of the company.  Our contract requires the drivers and collectors to be employees of Onyx.

4.                  Reducing the number of collections per week.  Currently, we offer 2 garbage collections, 1 recycling collection, and 1 yard waste collection per week.  Also, we provide unlimited yard waste.  It does have to be cut into specific lengths but it no longer has to be bagged, bundled, boxed, or tied.  Options are:  1 garbage, 1 recycling, and 1 yard waste collection.  You could eliminate the fall and spring clean ups.  You could eliminate the unlimited pick ups.

5.                  The performance bond requirements in our contract is 100%.  Some other contracts have a 50% performance bond.

6.                  Our contract allow the company to apply for a Cost of Living adjustment.  Ours is 75% of the CPI.  Some other agreements allow for 100% of the CPI.

7.                  Another option is to break each of the components out (the labor, equipment, etc., away from fuel).  The fuel would become a variable rate.  It would be adjusted either up or down on a quarterly basis based upon the average cost over the previous period.  For example, we would set the base fuel rate as of October 1, 2006.  The fuel component would be computed off that number.  If the amount increases, then the company would be entitled to an adjustment.  If the amount decreases, then a reduction in the fuel component would be reflected in the monthly billings.

 

Item 9 -           Amendment No. 1 to Brent Millikan & Co. Inc. Contract

 

The City currently has a continuing contract with Brent Millikan & Company to provide audit services over a specified period of time.  The City has requested additional consulting services not specifically outlined in that contract with regards to the River Walk (Town Center) project.  Brent Millikan has submitted an engagement proposal for those services with an associated cost not to exceed $22,000.  Staff has requested Council approval for this additional scope of work and an amendment to our contract. 

 

Item 10 -        Authorization for City Attorney to Accept Settlement in the Case of Edward McGilloway vs. City of Port Orange

 

Mr. McGilloway filed suit against the City alleging there was insufficient probable cause to arrest him for DUI.  This case was set for jury trial in May.  A copy of the settlement agreement is attached.  The agreement provides payment of $7,500 to Mr. McGilloway.  Although it is the City’s position that there is no liability (clear probable cause), the defense cost of trying the case before a jury would exceed the settlement cost regardless of whether the City prevails.  Further, there is always a risk of trying a case before a jury regardless of the strength of your legal position.  Staff recommends that Council authorize the settlement of the Edward McGilloway vs. City of Port Orange, Case No. 2003-30499, pursuant to the terms set forth in the settlement agreement. 

 

E.                 REPORT FROM ADVISORY BOARD

 

Item 11 -        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. 

 

      F.                 COMMUNITY DEVELOPMENT

 

Item 12 -        First Reading – Ordinance No. 2006-16 - Small Scale Land Use Amendment – D. Andrew Clark

 

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 5156 Riverside Drive from Urban Low Density Residential (4-8 Units/Acre) to Office/Residential Transition.

 

Planning Commission Recommendation:  The Planning Commission Recommends approval 5-0 (Commissioners Atwood and Lasky excused), of an amendment to the Future Land Use Map of the City of Port Orange Comprehensive Plan Update ’98.  This map amendment is to change the designation of  0.39 acres located at 5156 Riverside, from Urban Low Density Residential (4-8 Units/Acre) to Office/Residential Transition. If approved, the applicant proposes to rezone this parcel to “PCD” (Planned Commercial Development) and incorporate it into the Clark Professional Center and Wedding Chapel PCD. The staff report is attached for your review.

 

The applicant is also seeking reimbursement of the $2,500 application fee associated with this future land use amendment.  The applicant’s reason for the reimbursement is based upon the assumption that the proposed amendment to change the future land use for 5156 Riverside Drive was originally reviewed with the original application submitted in December 2005.  However, this assumption only holds true for the basic research needed for the staff report.  In actuality, the report had to be rewritten in its entirety including the text, analysis, maps and other exhibits.

 

Staff Recommendation:   Staff recommends approval.

 

Second Reading:               This would be scheduled for second reading after Volusia Growth Management Commission review.

 

  

Item 13 -        First Reading – Ordinance No. 2006-17 - Rezoning “A” (Agricultural) to “R-10SF” (Single Family Residential) – Richard Barker, Owner

 

This is a request to adopt the attached ordinance which will rezone approximately 7.58 acres located at 6015 Spruce Creek Road from “A” (Agricultural) to “R-10SF” (Single-Family Residential).

 

Planning Commission Recommendation:  The Planning Commission recommended approval 4-0-1 (Commissioners Atwood and Lasky excused and Commissioner Barker abstaining), to rezone approximately 7.58 acres located at 6015 Spruce Creek Road from “A” (Agricultural) to “R-10SF (Single-Family Residential).  If the rezoning request is approved, the property owner intends to develop the property with a single-family residential subdivision.

 

Staff Recommendation:   Staff recommends approval.

 

Second Reading:               June 20, 2006

 

Item 14 -        First Reading – Ordinance No. 2006-15 – Approving a Fourth Amendment to the Master Development Agreement for the Port Orange Gateway Center Planned Commercial Development (PCD)

 

This is a request to approve the attached ordinance adopting the 4th Amendment to the Amended and Restated Master Development Agreement for the Port Orange Gateway Center Planned Commercial Development.  The purpose of the amendment is to expand the permitted uses for Lot 8 to include a variety of commercial, office and institutional uses, in addition to public use.  The subject amendment also creates new dimensional requirements for any development on Lot 8.  The City of Port Orange is the owner of Lot 8 and the applicant for this request.

 

Planning Commission Recommendation:      The Planning Commission recommended approval, 5-0 (Commissioners Lasky and Atwood absent), of the 4th Amendment to the Amended and Restated Master Development Agreement for the Port Orange Gateway Center Planned Commercial Development (PCD). 

 

Staff Recommendation:   Staff recommends approval.

 

Second Reading:               June 20, 2006

  

Item 15 -        Resolution No. 06-44 - Proposed Utility, Drainage, and Access Easement Vacation – Countryside Commercial Center, Phase I Subdivision, Lot 1 and Lot 6, Block 1 (1001 Dunlawton Avenue)

 

The Community Development Department has received a request from the owner to vacate the 20.00-feet wide Utility, Drainage, and Access Easement located on Lot 1 and Lot 6, Block 1 of the Countryside Commercial Center, Phase I subdivision. The property owner has made this request in connection with the proposed site and building improvements for the CVS Pharmacy. In that the potable water line has now been successfully relocated outside this area, the easement may now be vacated. Public access and drainage within this area is no longer required with the proposed new development.  The easement vacation application and the related legal description have been reviewed for completeness and accuracy. All City required departments have now completed their review and have expressed no outstanding concerns. All Franchise Utility Company release letters have been obtained for the easement in question, Exhibit “A”. The old easement may now be vacated to the extent that it is no longer required.

 

Staff recommends that Council approve the attached resolution vacating the 20.00-feet wide Utility, Drainage, and Access Easement located on Lot 1 and Lot 6, Block 1 of the Countryside Commercial Center, Phase I subdivision, per the attached legal description.

 

Item 16 -        Resolution No. 06-45 - Proposed Easement Vacation – Palms Del Mar Subdivision, Lot 7 (6113 Del Mar Drive)

 

Staff recommends that Council approve the attached resolution vacating the southeasterly 10.00 feet of the northwesterly rear yard 15.00-feet wide Drainage and Utility Easement located on Lot 7 of the Palms Del Mar Subdivision, per the attached legal description.

 

The Community Development Department has received a request to vacate a portion of the northwesterly rear yard 15.00-feet wide Drainage and Utility Easement located on Lot 7 of the Palms Del Mar Subdivision. The property owner has made this request in connection with a proposed pool, deck, and screen enclosure to be constructed in to the easement. The easement vacation application and legal description have been reviewed for completeness and accuracy. Total allowable lot coverage has not been exceeded and enough easement area will remain for necessary drainage. City departments have reviewed this request and have no outstanding concerns. There are no currently planned drainage improvements proposed for this area in the future. The easement may be vacated, as described in the attached Exhibit “A”, to the extent that it is not being used.

 

Staff recommends that Council approve the attached resolution vacating the southeasterly 10.00 feet of the northwesterly rear yard 15.00-feet wide Drainage and Utility Easement located on Lot 7 of the Palms Del Mar Subdivision, per the attached legal description.

 

Item 17 -        Resolution No. 06-46 - Proposed Easement Vacation – The Woods of Port Orange, Unit II, Lot 23, and Cambridge Acres Subdivision, Lot 31 (444 Greenleaf Square)

 

The Community Development Department has received a request to vacate the 5.00-feet wide Drainage and Utility Easement located on a portion of Lot 23 of the Woods of Port Orange Unit II Subdivision, and the 15.00-feet wide Drainage and Utility Easement located on a portion of Lot 31 of the Cambridge Acres Subdivision. The property owner has made this request in connection with a proposed roofed patio addition to be constructed into the 5.00-feet wide easement and in connection with an effort to clear property title concerning the 15.00-feet wide easement. The easement vacation application and legal description have been reviewed for completeness and accuracy. Total allowable lot coverage has not been exceeded and required building setbacks have not been violated for the proposed roofed patio addition. These easement areas are not used for necessary drainage. There are no currently planned drainage/utility improvements proposed for these areas in the future. City departments have reviewed this request and have no outstanding concerns. The easements may be vacated, as described in the attached Exhibit “A”, to the extent that they are not being used.

 

Staff recommends that Council approve the attached resolution vacating the 5.00-feet wide Drainage and Utility Easement located on a portion of Lot 23 of the Woods of Port Orange Unit II Subdivision, and the 15.00-feet wide Drainage and Utility Easement located on a portion of Lot 31of the Cambridge Acres Subdivision, per the attached legal description.

 

      G.                PARKS AND RECREATION

 

Item 18 -        Resolution No. 06-47 - Authorizing the Mayor and City Manager to Execute a Supplement to the LAP Agreement for the Design/Build of the Damaged Boat Docks and Shoreline Restoration Caused by Hurricane Jeanne

 

Council has already approved the LAP for the dock and shoreline repair.  The DOT has requested that the City approve a supplement to this Agreement to provide updated audit language.  Staff recommends that Council approve the attached resolution authorizing the Mayor and City Manager to execute a supplement to the Local Agency Program Agreement No. FPN-418921-1-58-01 and 418921-1-68-02 for boat dock and shoreline restoration as provided in Exhibit 1 of the Resolution.

 

H.                 ADMINISTRATION

 

Item 19 -        Second Reading – Ordinance No. 2006-14 – Amending Article I, Sections 42-2 and 42-3 of the Code of Ordinances Relating to the Nuisance Tree Ordinance

 

We recommend approval.

 

Item 20 -        RFSQ – HUD CDBG Consolidated Plans Services Consultant Selection

 

The committee will be meeting on Thursday, May 11, to discuss the consultant selection.  Materials on this item will be provided to the Council prior to the meeting.

 

Item 21 -        Discussion regarding Naming of Pavilion

 

I would like for the City Council to begin a discussion about naming the Pavilion at the Amphitheater.    We need to begin preparing marketing materials if the Pavilion is to be operational.  Suggestions are:

 

·        Pavilion at City Center

·        Lakeside Center

·        Pavilion at the Amphitheater

 

I.                     COUNCIL COMMENTS

 

Item 22 -        Comments/Concerns from Council Members

 

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

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