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

                        November 7, 2006

 

Date:               October 30, 2006

 

 

A.                 OPENING

B.                 CITIZEN PARTICIPATION (Agenda)

 

Item 4 -           Presentation from Family Days

 

Pete Atwood will make a presentation to the Port Orange Police Department from Family Days.

 

C.                CITIZEN PARTICIPATION (Non-Agenda)

D.                CONSENT AGENDA

 

Item 5 -           Approval of Minutes/Status Report

 

Attached are the minutes of the September 5, September 19, and September 26 Council meetings.  If you have questions, please contact either Shirley Kelly or me.  We recommend approval.

 

Item 6 -           Update on Construction Projects

 

Attached is the report from Quentin L. Hampton Associates, Inc.  If you have questions, please contact Mark Hampton or me.

 

Item 7 -           Update on Recreation Facilities

 

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

 

Item 8 -           Road Construction Report

 

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

 

City Manager’s Comments:  Warren Pike met with FDOT and P&S as well as their engineers recently.  It is anticipated that FDOT will approve the plans for the under I-95 improvements within the next few weeks.  Warren indicated that he believes the issues have been resolved that will allow the construction to proceed.  The City Council awarded the contract for these improvements about one year ago.  Developers have been paying fair share agreements.  The City issued bonds to pay for the improvements.

 

I sent each of you copies of the concurrency letters the City received related to two phases of Woodhaven and two Phases of Water’s Edge.  These four projects were approved by the City Council while South Williamson Boulevard was included in the County’s Five Year Plan and in the Three Year Construction timeline.  Therefore, at the time the City approved the projects, the projects met the concurrency test.  However, the County has removed the portion south of Moody Bridge from the Five Year Program and the Three Year Construction Program.  The letter provided by the County is a recent letter and was provided to the City after the County approved the new road program budget.  We are working on the improvements to the road situation with Volusia County.  The County has no option but to issue the Certificates of Concurrency until after they amend their Comprehensive Plan.  The road continues to be in the Comp Plan to be constructed during the 3-year concurrency window.  They are in the process of amending the Plan to bring it into alignment with the adopted road program.

 

This segment of South Williamson cannot wait for 5 to 7 years for construction.  We will need to take some steps in the near term to address the deficiency in this area.  After the first of the year, I would like for us to set up a public workshop to explore funding alternatives for South Williamson Boulevard.  Maybe this workshop is part of a District 4 Meeting.  I think it will be important for the County Council to be present, too.

 

Item 9 -           Approval of 150 ft. City Monopole Tower Project

 

The City IT Department has initiated efforts to locate a monopole cell tower on City property near the Golf Course maintenance barn.  The total estimated construction cost for the tower project is $170,000.00 (with all contiguous).  The proposed tower will be for the purpose of reading water meters and providing additional communications support for the golf course operations.  The tower will also be helpful in providing redundant communications capabilities for the City’s wireless networks – especially in emergency situations.  Engineering plans have been prepared for the project and passed the first round of SDRC comments with minimal concerns (see attached plans).  Staff has already coordinated with the FAA and Spruce Creek Fly-In.  Spruce Creek airport manager has approved the project on the condition that the tower has a flashing light.  Staff concurs with this suggestion.

 

In closing, the tower construction contract is now ready for approval.  Site plans must still be reviewed and approved by the City of Port Orange Planning Commission.  This item is tentatively scheduled for November 16, 2006.  Approval of the contract will be contingent upon council authorization of the carryover request on November 14, 2006. Again all minor staff comments have been addressed by IT.  Please note that the resources allocated in the carryover budget are from the lease fund.  Any revenues generated from a commercial vendor lease of tower space will be used to re-pay the loan fund.

 

Staff recommends that Council authorize the Mayor and City Manager to “piggyback” the St. Lucie County contract for construction of a 150 ft monopole near the Golf Maintenance Barn – Cypress Head, subject to approval by the FY06 carryover request on November 14, 2006.

 

Item 10 -        Approve Contract Transportation Engineering and Consulting Services

 

Previously, Council approved the final ranking of the Transportation Engineering and Consulting Services RFSQ.  At that time, Council authorized staff to enter into negotiations for a contract for these services.  That contract is attached for your review along with the rates associated for each discipline at Kimley-Horn Associates Inc.  Staff recommends that Council approve the contract with Kimley-Horn & Associates Inc. for Transportation Engineering and Consulting Services as submitted.

 

Item 11 -        Special Event Request – Port Orange/South Daytona Rotary Club

 

The Port Orange/South Daytona Rotary Club is requesting a Special Event permit to present their annual Christmas tree sale.  The requested dates for the sale are November 22, through December 26, 2005 for a total of thirty-five (35) days.  The requested times for the sale are from 8:00 a.m. until 10:00 p.m., daily.  The sale is proposed for the grassy area between K-Mart and Dunlawton Avenue at the Dunlawton Square Shopping Center.  One double-sided 4’ x 8’ sign is being requested for the event along with the request to waive the fees.  This is the first event requested for the K-Mart property in 2006.  Please note that this request qualifies as a Minor Special Event but needs City Council approval due to the requested length of time for the event.

 

This is a request to approve the Special Event request for The Port Orange/South Daytona Rotary Club to be held at K-Mart in the Dunlawton Square Shopping Center, subject to fifteen (15) conditions outlined in the attached staff report.

 

Item 12 -        Minor Special Event Request – Lowe’s Home Center

 

We have received a Minor Special event request from Rob Gross, Manager of Lowe’s Home Center, located at 1751 Dunlawton Avenue, to erect a tent for their Christmas Tree Sale in the parking lot.  The requested dates for the sale are November 15, 2006 through December 15, 2006, for a total of thirty (30) days.  The requested times are to be the same as the present store hours.  This is the first event requested for this property in 2006.  Please note that this request qualifies as a Minor Special Event but needs City Council approval due to the requested length of time for the event.

 

This is a request to approve the Special Event request for Lowe’s Christmas Tree Sale at 1751 Dunlawton Avenue, subject to fifteen (15) conditions outlined in the attached staff report.

  

Item 13 -        Addendum No. 66 to Quentin L. Hampton Associates, Inc., Contract for the Halifax River Mixing Zone Study

 

Our city is currently under a consent order with the Florida Department of Environmental Protection for exceeding established discharge limits on certain permitting discharge parameters to the Halifax River.  The FDEP has recently recommended, with our concurrence, that the most cost effective way to demonstrate that no harm has been caused to the river environment be through a river mixing zone study.  City staff, Quentin L. Hampton Associates, Inc., and their sub-consultants have been in discussions for several months, and have also attended two meetings with the FDEP to discuss the details of such a study. This proposed study should effectively demonstrate that any treated effluent river discharges (either previous or future) cause no harm to the environment.  This river mixing zone study should also help relax the stringent EPA priority pollutant level parameters in the future, as currently outlined for this type of salt water estuary discharge.

           

We are pleased to report that we have recently made great strides to effectively limit our Halifax River discharges thru the effective use of our 75 acre reclaimed water reservoir and are optimistically hoping for the day when all wet weather discharge to the Halifax River can be completely eliminated. However, this proposed mixing zone study should effectively demonstrate that any future wet weather river discharges that may be required will cause no harm due to the self flushing and mixing actions of the deep water channel at our point of discharge. 

           

This study is currently a requirement of our reclaimed water plant consent order permit conditions and is estimated to cost $113,972. Funds are currently available in the operating budget, account #40104005353113.

 

Staff that recommends that Council approve Addendum No. 66 to the Quentin L. Hampton Associates Contract for the Halifax River Mixing Zone Study required by the DEP as part of our consent order requirements and to authorize the Mayor and City Manager to sign and execute all required contact documents.

 

Item 14 -        Bid Award – Emulsion Polymer for Use at the Reclaimed Water Plant

 

 

Bids were solicited for the purchase of emulsion polymer as used in the treatment process at the reclaimed water plant.  Sealed bids were opened on Oct. 19, 2006 with five (5) bidders responding.  The NALCO Company submitted the low bid at $0.953 per pound. The term of the contract will be two (2) years.

 

The NALCO Company and their products are known to the City and have previously provided service to the reclaimed water plant.  Bench tests were also conducted to confirm this application for use at the reclaimed water plant.  Staff recommends approval.

 

Funds are available in the operating budget, account #40104005355219.

 

Staff recommends that Council award bid #B 06-21 for the purchase of emulsion polymer to The NALCO Company and authorize the Mayor and City Manager to execute documents on behalf of the City.

 

Item 15 -        Purchase of Three (3) Aurora Lift Station Pumps and Re-Validation of Barney’s Pumps as a Sole-Source Supplier

 

 

Aurora pumps are used extensively throughout our Water and Reclaimed Water treatment plants and pumping stations.  Their continued operation and maintenance is essential. The Reclaimed Water Plant routinely treats upwards of 6 million gallons per day.  All sewage arrives at the plant at one of two master lift stations where it is then re-pumped to begin the treatment process.  Thus, it is essential to have at least 3 of the 6 pumps in good working order.           The three pumps in the East Master Lift Station were originally installed in 1988.  In addition to routine in-house maintenance, these pumps have been rehabilitated several times.  As such, all pumps have exceeded their reasonably expected useful life, given the corrosive environment of wastewater treatment processes. It is a credit to our Maintenance Division that the pumps have lasted 18 years, and they are programmed in the CIP for replacement in the current fiscal year 2007. 

           

The cost of three complete pumps with motors is $121,800.  Direct purchase of the pumps will result in a significant savings in sales tax.   These pumps are not a stock shelf item and will require at least three months for fabrication.  Issuance of the purchase order will allow for the pumps to be assembled.  In the interim, City staff is obtaining separate quotes for installation, and will evaluate the cost/benefit of outsourcing this work as compared with installation by in-house forces.

           

Barney’s Pumps is the manufacturer’s only Florida-authorized representative for Aurora products and parts in our area.  As such, we are requesting that Barney’s sole source status be reaffirmed for the purchase of the Aurora pumps.  Also, we are requesting that a purchase order to Barney’s Pumps be authorized in the amount of $121,800.00.  Funds are available in SSP002 Sewer Plant Replacement, Account No. 40304005356397.   

 

Staff recommends that Council waive the formal bidding process and revalidate Barney’s Pumps as the sole source vendor for Aurora Pumps, and to authorize a purchase order to Barney’s Pumps in the amount of $121,800.00 for the replacement of three complete master lift station pumps at the Reclaimed Water Plant.

 

 

E.                 BOARDS AND COMMISSION

 

Item 16 -        Reports from Advisory Boards:

 

a.                  Environmental Advisory Board

 

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

 

 

F.                 COMMUNITY DEVELOPMENT

 

Item 17 -        First Reading – Ordinance No. 2006-44 - Capital Improvements Element Update

 

Every year, local governments must update their Capital Improvements Element (CIE), including the Five-Year Schedule of Capital Improvements (Schedule).  The adopted update amendment must be received by the Department of Community Affairs by December 1 of each year.  The subject Comprehensive Plan amendments are administrative text amendments to the CIE of the City of Port Orange Comprehensive Plan – Update ’98, updating the CIE, as well as related amendments to the Sanitary Sewer Sub-Element and Recreation and Open Space element that affect the Schedule, in accordance with State law.  The amendments include various text amendments to update data, dates, definitions, and various syntax changes, as well as the updated Schedule. 

 

There are also specific text amendments related to the City’s Transportation proportionate Fair-Share Ordinance, a Florida Department of Environmental Protection approved reduction in the Sanitary Sewer LOS standard for residential capacity, and the elimination of the Recreation Facility LSO standard for racquetball courts.  These specific text amendments are included in this update amendment because of their direct relationship to the Schedule.

 

Staff recommends that Council approve the attached ordinance amending the Capital Improvements Element, Sanitary Sewer Sub-Element, and Recreation and Open Space Element, of the City’s Comprehensive Plan Update ’89, in accordance with Florida Statutes.

 

Second Reading:   November 14, 2006

 

Item 18 -        First Reading – Ordinance No. 2006-45 – Amending the Land Development Code Relating to Fair Share Transportation Methodology

 

In 2005, the Florida Legislature passed Senate Bill 360, requiring all local governments to adopt, by ordinance, a methodology for assessing proportionate mitigation options for developments that cause or contribute to adverse level of service transportation conditions.  As of December first of this year, Port Orange and all other local governments in Florida are required to formalize their fair-share arrangements in ordinance form.  The attached ordinance establishes a method to calculate fair-share obligations, allow impact fee credits, arrange for intergovernmental coordination, and provide for the proper appropriation of fair-share revenues and other general requirements of a fair-share program.  The ordinance also incorporates revisions derived from input gathered at the public workshop held on October 17.  Additional amendments to the Land Development Code are provided and include new definitions, clarification of the Traffic Impact Analysis requirement, and concurrency determination procedures.

 

Staff recommends that Council approve the attached ordinance pertaining to Proportionate Fair-Share and related amendments as recommended by the Planning Commission.

 

Second Reading:   November 14, 2006

 

Item 19 -        First Reading – Ordinance No. 2006-46 – Ordinance Approving an Amendment to the Master Development Agreement – Scott CNB PCD 7th Amendment

 

This is a request to approve the Seventh Amendment to the Master Development Agreement for the Scott CNB PCD.  The purpose of the amendment is to relocate the southern access drive from Lot 3 to Lot 2, Unit II, and increase the amount of freestanding signage from 32 to 48 square feet.

 

Planning Commission Recommendation:      The Planning Commission recommends approval 5-0 (Commissioners Parker and Green excused).  The Commission’s recommendation for approval was conditioned upon the remaining outstanding technical comments being resolved prior to the item being scheduled for City Council review and review by the City Attorney as to legal form and content; all outstanding technical comments have now been addressed.  The remaining comments dated October 23, 2006, are all advisory. 

 

Staff Recommendation:   Staff recommends approval.

 

Second Reading:   December 12, 2006

 

Item 20 -        Resolution No. 06-107 - Proposed Easement Vacation – Willow Run, Unit VII Subdivision, Lot 13 (1086 Willow Wood Drive)

 

The Community Development Department has received a request to vacate a portion of the southerly rear yard 10.00-feet wide Drainage and Utility Easement located on Lot 13 of the Willow Run – Unit VII Subdivision. The property owners have made this request in connection with a proposed pool, deck, and screen enclosure to be constructed into 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 or utility 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 northerly 4.00 feet of the southerly rear yard 10.00-feet wide Drainage and Utility Easement located on Lot 13 of the Willow Run – Unit VII Subdivision, per the attached legal description.

  

Item 21 -        Final Plat & Plans and Subdivision Improvement Agreement  – Villas Del Rio (Fleming Townhomes)

 

This is a request to approve the Subdivision Improvement Agreement (SIA) for this project, which is located at 240 Fleming Avenue.  If approved, the developer is proposing 8 townhomes (2 buildings of 4 units) on approximately 1 acre. 

 

Planning Commission Recommendation:      The Planning Commission recommended approval 5-0 (Commissioners Green and Parker excused).  The Commission’s recommendation was contingent on resolution of all outstanding issues prior to City Council review; all outstanding technical comments have been addressed.  The remaining comments (attached) dated October 24, 2006, are all advisory. 

 

Staff Recommendation:   Staff recommends approval.

  

G.                PUBLIC SAFETY

 

Item 22 -        Resolution No. 06-108 - Contract with Southeast Volusia Humane Society for Animal Quarantine

 

Staff recommends that a contract with the Southeast Volusia Humane Society for the quarantine of owned animals who have bitten a human being or severely injured or killed another domestic animal when the owned animal cannot be safely quarantined at home be approved.  This contract is separate and apart from the contract addressing all other animal control concerns.

 

Item 23 -        Biketoberfest Report

 

The Police Department will present a report reviewing Biketoberfest activities.  The report will detail the number of traffic violations, sound violations, and complaints that were investigated during Biketoberfest.

 

 H.                 PARKS AND RECREATION

 

Item 24 -        Discussion – Lighting Options for Ballfields

 

At this time, Staff would like to discuss with Council the options for lighting for the City’s ballfields.

 

City Manager’s Comments:  I have asked Glen to discuss with the City Council lighting options for the fields located west of South Williamson.  We have compared various lighting options.  The one that is the most expensive to install is the one that has the better life cycle cost.  Also, it has the highest life time lighting quality on the playing surface.  Before we started to develop specifications, we wanted to have this discussion with the City Council.

 

 

I.                     ADMINISTRATION

 

Item 25 -        Resolution No. 06-109 - Volusia ECHO Grant (Phase 1 Improvements – Coraci Athletic Fields)

 

A couple of years ago, the City received two Land & Water Conservation Fund (LWCF) Grants totaling $400,000 to purchase the 36-acre Coraci parkland.  A requirement of the LWCF assistance was Port Orange must construct the recreational facilities within 3 years.  Now that the facilities have been design, the City plans to construction ball fields, concession and restroom facilities, picnic facilities, and install lighting.

 

The City has already applied for a $200,000 grant from the Florida Recreational Development Assistance Program (FRDAP) to fund the Coraci Phase I improvements.  The application is still pending.

  

The City seeks funds from the Volusia ECHO grant program to assist in this effort.  The City requests $500,000.00 (50%) from the ECHO program and the City will provide a 50% match of $500,000.00.  The City’s match derives from Recreational Impact Fees and if successful, the FRDAP program.

 

Staff recommends that Council approve the attached resolution authorizing the City Manager to submit a Volusia ECHO Grant application to construct Phase 1 Improvements at the Coraci Athletic Fields.  In addition, authorize the Mayor and City Manager to execute any agreements or contracts and provide a match.

 

Item 26 -        City Manager Evaluation

 

Annually, the City Council evaluates the City Manager’s performance.  Last year, I provided the City Council with goals that I had set out to accomplish during the year.  I have included the self-evaluation.   Whatever has been accomplished during this year is a team effort, not an individual effort.  The City Council has provided guidance and policy direction.  Hopefully, I have provided clear policy implementation direction to the City Departments, and the Departments have implemented the strategies to better serve our residents. 

 

Because the City is still closing its books for the fiscal year, I did not include the measure of our equity position.  I have been assured by Finance that it will be at least 15% after all encumbrances are satisfied and all project carryovers are appropriated.  However, we might not know if we have exceeded the 15% policy amounts until around the first of December.  That is why I have rated myself as  meeting expectations in that category.   Our balance sheet continues to be strong.  I believe we have positioned ourselves to better handle any potential down turn in the local economy.

 

I am developing a new set of goals for next year.  I will be sending that to you for your review.  I am looking forward to speaking with each of you about my performance.  Thank you for allowing me to serve the citizens of Port Orange.

 

 

J.                  COUNCIL COMMENTS

 

Item 27 -        Comments/Concerns from Council Members

 

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

 

 

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