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
December 5, 2006
Date: November 27, 2006
At this time, the students that participated in Student Government Day from Atlantic High School will be recognized by the Council.
City Manager’s Comments: The students from Atlantic High School did an exceptional job researching and developing recommendations on a variety of subjects and issues. The students who were selected as council members did a great job evaluating each of the proposals that were brought forward for their consideration. They asked great questions. The students were well prepared for Student Government Day.
For the past two years, the City’s investment portfolio has been managed by Public Financial Management, Inc. (PFM). At the conclusion of each year, PFM presents an annual investment performance review to the City Council. PFM outlines investment earnings for the year, comparable indexes, and an overall performance evaluation. PFM will be present at the City Council meeting of December 5, 2006, to present the attached report.
City Manager’s Comments: Annually, PFM is required to provide the City Council with a report on how it handled the City’s investment portfolio. Quarterly, PFM meets with the City’s Investment Committee. Councilman Steindoerfer provides the Council with timely reports. Also, copies of materials provided by PFM are given to each City Council Member.
Attached are the minutes of the Regular Meeting of October 3, 2006; the Special Meeting of October 17, 2006; the Regular Meeting of October 17, 2006; and the Regular Meeting of October 24, 2006. If you have questions, please contact either Shirley Kelly or me. We recommend approval.
Attached is the report from Quentin L. Hampton Associates. If you have questions, please contact Mark Hampton, any of the Project Managers, or me. We recommend approval.
Attached is the report from Parks and Recreation. If you have questions, please contact either Glen Walker or me. We recommend approval.
Attached is the Road Construction Report. If you have questions, please contact either Warren Pike or me. We recommend approval.
City Manager’s Comments: I want to add several footnotes to this report. First, on November 28, a pre-construction conference was held related to the improvements on Dunlawton Avenue in the vicinity of I-95 and Taylor Road. It is anticipated that the improvements will be mostly done at night and will take about 210 days to complete. The second item relates to South Williamson Boulevard. You received a copy of the FDOT letter related to funds being allocated for South Williamson Boulevard south of Moody Bridge. The County will receive slightly more than $8 million to assist in the construction of this road segment. The third item relates to the extension of Summertrees Road through to Williamson north of Taylor Road. The City is in the permitting phase of the project. Fourth, the City is still negotiating with the landowner of the property located west of South Williamson that is needed for retention. The City Council will receive Resolutions on December 12 to enter into an interlocal agreement with Volusia County related to condemnation of this property and one that will authorize the City Attorney to proceed into court to condemn the property that is needed for stormwater retention. This is the pond that is needed for South Williamson. We have hopes of reaching an agreement with the property owner prior to going to court. The current plan is for South Williamson between Taylor and Moody Bridge to be under construction sometime early next year.
A Change Order is needed for additional paving of a 20 foot apron and sidewalk in several areas and around the Lakeside Pavilion in the amount of $16,116.90. Staff recommends approval.
Previously, Staff brought forward for discussion at the November 14 Council Meeting, a proposal from Sensus Metering Systems for their Flex Net System, which is an upgrade for drive-by to fixed base radio water meter reading. That proposal is as outlined at that meeting. Staff recommends that Council waive bid procedures and authorize staff to proceed with this acquisition from Sensus Metering Systems of the Flex Net Metering System (radio water meter reading).
City Manager’s Comments: The City Council reviewed this proposal the last time the City Council met. John Shelley has prepared an analysis of the cost benefit of going to this system rather than continuing with the touch reads and radio reads. Some of the obvious advantages are:
1. Allows the meters to be read on the same day of each month. This is the most common complaint the City receives each month. As you know, the City reads the meter the same week each month but not the same day. That means the read cycles vary between 26-35 days. By reading the meter on the same day of each month, there would still be a variation; but the variations would be between 28-31 days.
2. From a customer service side, it would allow the City to identify leaks quicker and to notify customers quicker about leaks. This should result in customers having lower water bills when leaks do occur.
3. This will allow the City to monitor hours of use of irrigation water. One of the problems encountered on a regular basis is irrigation customers irrigating on the wrong date and at the wrong times. We have found that most customers have their timers set wrong. This will allow the City to notify customers that they were irrigating on the wrong day or during the wrong hours.
4. One of the questions raised related to the employees of the meter reading division. Converting to tower reads will be staged over a number of years. That means we will still need meter readers to read water meters. What is does is to avoid additional readers having to be added to our workforce. When we are fully converted, it will allow our meter readers’ duties to be diverted to other areas. There will be emphasis on maintenance of the equipment and on field customer services duties and activities. With our ability to be proactive in notifying customers of potential leaks, the City can avoid bill adjustments. The job skills that will be required by our meter readers will be entirely different. They will be more skilled as well as more adept in handling customer service issues and resolving customer problems.
The service contract with Halifax Humane Society provides care, treatment, impound, and disposal of animals picked up in the City of Port Orange. The contract establishes fees charged for impoundment, collection of redemption fee procedures, and billing procedures. The 2007 contract has added clauses 14 and 15 and the fees have increased as follows:
2006 Contract: Rate of $34,50 plus $8.50 per day for the first three days and $10.00 per day thereafter.
2007 Contract: Rate of $40.24 plus $9.92 per day for the first three days and $11.66 per day thereafter.
Staff recommends that Council renew the service contract with Halifax Humane Society for January 1, 2007, through December 31, 2007.
City Manager’s Comments: Sheltering of animals has been a major concern for cities and the county for a number of years. The Humane Society has continued to increase the amount the cities and the county pay. A number of cities and the county have stated that it may be time to look at other alternatives as a cost control matter. At the next manager’s lunch, animal control will be discussed. I would imagine the cities and the county will agree to look at the issue and see what alternatives are available to address the cost issue. We are recommending that we enter into the contract with Halifax Humane Society for animal sheltering services.
Sumter County solicited a Request for Proposal for Residential and Commercial Plans Review and Inspection Services. The contract agreement awarded from that RFP went to PDCX from Orlando, Florida. Since the City’s staffing for plans review services is currently very low, we are requesting authorization to “piggyback” this agreement for the residential and commercial plans review services. Staff would like the authority to use PDCS when it is necessary for these services through September 30, 2007. Funding for this is from the Professional Services account in the Building Department’s budget.
City Manager’s Comments: As most of you know, Tom Allen resigned to accept the Chief Building Official’s position in Mount Dora. With the down turn in permit activity, I recommended to the City Council and the Council concurred to leave the Commercial Plans Examiner position vacant. Tom had the certifications to review commercial plans. This was part of my recommendation to reduce cost since fees were projected to decline during 2006-07 because of a sluggish building economy. However, there are still commercial plans to be reviewed. I am recommending that the City use the services of PDCX from Orlando to provide these services during this slow down period.
Our current contract with Shelley’s Environmental for transportation and disposal of bio-solids produced at the reclaimed water plant expires this year. Due to increases in production and fuel costs, Shelley’s was not willing to extend the contract at the current unit price. However, both Shelley’s and Orange County agreed to allow the City to piggyback an existing contract they have at the unit price of $40.68 per ton. This is a very small increase in cost over our current pricing and represents a savings of over $4.00 per ton from the proposed increase.
The estimated bio-solids production for this year is 9600 tons, for a total estimated cost of $390,528.00. Funds are available in the current operating budget, account #40104005353411.
Staff recommends approval of Shelley’s Environmental for bio-solids removal and disposal.
Staff recommends that Council approve the “piggyback” of Orange County, Florida contract #Y6-1106-PD for bio-solids removal, transportation and disposal to Shelley’s Environmental Systems at the unit cost of $40.68 per ton and authorize the Mayor and City Manager to sign contract documents of behalf of the City.
The City currently has a service agreement with Stewarts’ Electric Motor Works for the service and repair of electric motors through a piggyback of the City of Orlando contract BI05-2115. Within this contract is the provision for two (2) 12-month extensions of the contract. The City of Orlando has extended the current contract for one year under this provision. Stewarts’ has agreed to extend the piggyback to Port Orange under the same contract terms. The extension will run through December 22, 2007.
Staff recommends approval of the one (1) year extension of the current service agreement with Stewarts’ Electric Motor Works and re-validation of Stewarts as a sole source vendor for the repair of electric motors under this contract.
Funds are available within the current operation budget as needed.
Staff recommends that Council approve a one (1) year extension of the current contract with Stewarts’ Electric Motor Works for the service and repair of electric motors.
Item 16 - Approval of Contract with Stottler Stagg & Associates to Evaluate the Port Orange YMCA Structure and Provide an Estimate for Repairs Along with Construction and Bidding Documents
Stottler Stagg & Associates was selected from RFSQ-06-12 to provide a complete evaluation of the Port Orange YMCA structure. The contract calls for Stottler Stagg to provide construction and bidding documents to bring the facility up to current building codes for shelter facilities. The contract is in the amount of $115,120. The funds are available in QPC020, Account No. 106-1000-580-6200.
Staff recommends that Council authorize the City Manager to enter into a contract with Stottler Stagg & Associates to evaluate the Port Orange YMCA structure and provide construction and bidding documents to bring the facility up to current building codes for shelter facilities.
The Port Orange Police Department has been awarded grant funds from the U.S. Department of Justice, Edward Byrne Memorial Justice Assistance Grant Program in the amount of $7,520.00. These funds will be utilized to purchase one additional canine and equipment for drug detection purposes. The total funds required are as follows:
One Drug Detection Dog from Southern Hills Kennels $6,500.00
One Cage Custom Fit for a Chevy Impala $1,531.00
One K-9 CoolGuard Temperature System $ 575.00
One Narcotic Safe $ 349.00
Shipping $ 140.00
Account No. 001-3200-521-6422 – Grant Capital $7,520.00
Account No. 607-3200-521-6400 – Police Forfeiture Trust $1,575.00
Staff recommends that Council accept the grant funds from the U. S. Department of Justice Edward Byrne Memorial Justice Assistance Grant Program in the amount of $7,520 for the purchase of one additional canine and related equipment.
The Port Orange Police Department would like to extend the current wrecker service agreement with A & A Wrecker Service. A & A has provided the highest quality of service and efficiency in providing service to the Police Department during the last year. Staff recommends the extension of the present wrecker service agreement with A & A Wrecker Service for one year through December, 2007.
Robert Hall Construction has submitted a Change Order request on the Pavilion construction as follows:
Total cost of a generator pad $ 8,289.47
Electrical changes for ceiling fans,
Oscillating fans, and data ports $ 5,111.84
Generator hook-up $17,861.05
Room above kitchen misc. items $ 8,885.79
Staff recommends that Council approve Change Order No. 6 to Robert Hall Construction’s contract for the Lakeside Pavilion in the amount of $40,038.15.
City Manager’s Comments: We have reviewed each of these items extensively. Each item is related to changes the City requested. Virtually all of them related to converting the building into an alternative EOC. The building is nearing completion. We fully anticipate the building being completed sometime in January.
The McGruff Truck Program is designed to foster and increase child safety and protection. This program utilizes utility companies, school districts, municipalities, and other entities by displaying the McGruff Truck decals on certain vehicles used only by employees who meet approved qualification standards and are trained in the program. McGruff trucks are a source of help to children in emergency situations.
The Port Orange Police Department has obtained consent from the Public Works Department, BellSouth, and the United States Postal Service to participate in this program. The one-time registration fee of $450 will be paid by the listed participants. The Port Orange Police Department is requesting approval to sign the McGruff Truck Program Participation Agreement. This agreement may be canceled by either party upon thirty (30) days written notice.
Staff recommends that Council approve the participation in the McGruff Truck Program.
This addendum authorizes Quentin L. Hampton Associates, Inc., to commence bidding, contract administration, and inspection services pertaining to the landscaping improvements on State Road 5A, Nova Road. Monies are available in Account No. 001-1000-580-6300, Project XJP002.
Council should be advised that approval of this addendum is limited strictly to the engineering services provided by Quentin L. Hampton’s for an estimated sum of $16,980. The City is soliciting competitive bids for construction of irrigation and landscaping improvements with a bid opening date of January 9, 2007. Thereafter, Council will have the opportunity to approve construction contracts for installation of the landscaping improvements.
Staff recommends that Council approve Addendum No. 4 with the firm of Quentin L. Hampton Associates, Inc., pertaining to engineering services and inspections and to authorize the Mayor and City Manager to execute the associated contract documents.
City Manager’s Comments: After many years, the landscaping of Nova Road is ready to begin. This is for services that Quentin Hampton’s will provide during the installation of the irrigation and plant material. They will be responsible for the inspection services.
a. Environmental Advisory Board
A representative of the Environmental Advisory Board will make a report to the 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.
I have requested Finance to break out the carryovers into two resolutions. This one relates to purchase orders that most be carried over from one year to the next. Also, there are multi-year projects that are started during one year and continue into the next that need to be carried over. You have received rough draft copies of the memorandum as it was being prepared. The final memorandum is included in this package for your review. A workshop has been scheduled for 5:00 p.m. on Tuesday to go over your questions. This will allow any adjustments to be made and amended schedules prepared before the 7:00 p.m. City Council Meeting.
The second Resolution relates to unspent funds that were included in last year’s budget that Departments are requesting to be carried over as well. The final carry forward element is where revenues exceeded the expenditures and were available for reallocation. See item 22 for additional comments.
On December 13, 2005, the City Council adopted Resolution No. 05-122 transmitting Case No. 05-20000014 and Case No. 05-20000012 as the Fall 2005 Comprehensive Plan Amendment Package to the Department of Community Affairs for review. On July 18, 2006, the City Council adopted Resolution No. 06-57 transmitting Case No. 05-20000011, Case No. 06-20000001, and Case No. 06-20000003 as the Spring 2006 Comprehensive Plan Amendment Package to the Department of Community Affairs for review.
Case No. 06-20000001 (Woodhaven/Stanaki) has been separated from the Spring 2006 package and will be handled on a subsequent cycle. The City is now prepared to adopt the balance of the Spring 2006 package, combined with the Fall 2005 package. Complete copies of the original staff reports on these amendments are attached for your reference.
Upon review of the City’s proposed amendments, DCA had some objections, which are expressed in the ORC Reports attached to the update memorandum. The City’s formal response to DCA is also attached to the update memorandum for your review.
Planning Commission Recommendation: The Planning Commission recommends approval 6-0 (Barker excused) to adopt with changes the Combined Fall 2005/Spring 2006 Comprehensive Plan Amendment Package.
Staff Recommendation: Staff recommends approval.
Second Reading: December 12, 2006
Item 26 - First Reading- Ordinance No. 2006-54 – Administrative Rezoning – From PCD (Planned Commercial Development) to CI (Commercial Industrial) – Bradco Supply, formerly Daytona Beverages
This is a request to rezone approximately 7.95 acres located at 406 Oak Place from PCD (Planned Commercial Development) to CI (Commercial Industrial). The purpose of this administrative request is to re-establish a set of uses for the property in accordance with the Comprehensive Plan and the Land Development Code. If the request is approved, the property owner, BradCo Supply, intends to open a warehouse and distribution of roofing, siding, and other bulk building materials.
Planning Commission Recommendation: The Planning Commission recommends approval 6-0 (Commissioner Lasky excused).
Staff Recommendation: Staff recommends approval.
Second Reading: January 16, 2007
The Community Development Department has received a request to vacate a portion of the westerly rear yard 10.00-feet wide Drainage, Utility, and Grading Easement located on Lot 144 of the Cross Creek Phase II Subdivision. The property owner has made this request in connection with a proposed pool and deck 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 easterly 5.00 feet of the westerly rear yard 10.00-feet wide Drainage, Utility, and Grading Easement located on Lot 144 of the Cross Creek Phase II Subdivision, per the attached legal description.
The Community Development Department has received a request to vacate a portion of the westerly rear yard 10.00-feet wide Drainage and Utility Easement located on Lot 97 of the Groves C Subdivision. The property owners have 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 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 easterly 4.50 feet of the westerly rear yard 10.00-feet wide Drainage and Utility Easement located on Lot 97 of the Groves C Subdivision, per the attached legal description.
The Community Development Department received a request to vacate a portion of the Howe Street and Wood Road right-of-ways dedicated to the City of Port Orange by the plat of Allandale Gardens Unit No. 1, as recorded in Map Book 9, Page 192, of the Public Records of Volusia County, Florida. The request has been made in connection with the proposed extension of the Eastport Parkway roadway to Commonwealth Boulevard, to be constructed with the development of the Eastport Business Park Phase II Subdivision.
The right-of-way vacation application and legal description have been reviewed for completeness and accuracy. Release letters have been obtained from franchise utility companies for the proposed right-of-way vacation area as described in the attached legal description, Exhibit “A”. City departments have reviewed this application and have no remaining concerns. The right-of-way may be vacated to the extent that it is not being used.
Staff recommends that Council approve the attached resolution vacating the Howe Street and Wood Road right-of-ways, dedicated to the City of Port Orange by the plat of Allandale Gardens Unit No. 1, as described in the attached legal description, Exhibit “A”.
A Management and Operating Agreement is being presented for the business operations at Gamble Place for the Mayor and Council’s approval. Staff recommends that Council approve as presented the Management and Operating Agreement between the City of Port Orange and Dr. Robert and Jill Williams for the business operations at Gamble Place and to authorize the Mayor and City Manager to execute the agreement.
We recommend approval.
The City of Port Orange and Volusia County are jointly developing a retention pond located west of Williamson Boulevard and south of Taylor Road. The property is currently owned by SunGlow. This Interlocal agreement authorizes the City of Port Orange to act on behalf of Volusia County in condemnation proceedings, if necessary. Margaret Roberts will provide you with a copy of the resolution and Interlocal agreement. The County Council has already enacted this agreement and is waiting on the Port Orange City Council action. This property is necessary for the South Williamson project.
Previously the City Council authorized condemnation proceedings to begin on a parcel of land located west of South Williamson and South of Taylor Road. The original resolution included approximately 10 acres of property. Engineering has been completed and only 5 acres is needed for the South Williamson project; therefore, the original resolution needs to be amended to reduce the amount of acreage needed for stormwater. Margaret Roberts I preparing the resolution for City Council consideration and will provide you with a copy.
Annually, the City Council evaluates the performance of the City Attorney. The City Council would need to discuss the compensation package for the attorney and determine the effective date of any compensation change. I would recommend that the effective date of any salary adjustment provided to the Attorney be October 1, 2006. Traditionally, the City Council has approved salary adjustments for both the City Attorney and City Manager with an effective date of the beginning of the fiscal year.
I have received encouragement from several members both inside and outside Florida to seek the ICMA Presidency. In order to be considered, I must have a letter of support from the City Council. As the City Council is aware, I have placed my work with the City of Port Orange in front of my professional association work. All of my association work has been done on my own time. I know many of you are concerned about me becoming over extended. If I am successful in being selected first as President-Elect, I will curtail all but essential local involvement. That means that I would resign from the Advance Technology Board. I would not take on duties, such as the March of Dimes Chair, and I would not be involved in one of the legislative committees of the Florida League of Cities during my Presidential year.
If elected, I would serve three years on the ICMA Board. The President-Elect year would begin in the fall of 2007. The Presidential year would begin in the fall of 2008. The Immediate Past President year would begin in the fall of 2009. During the President-Elect year, my travel would be restricted to the three Board Meetings and probably the Southeast Regional Meeting. During the Presidential year, there is more travel involved since the ICMA President serves on the ICMA-RC Board of Directors as well as on the ICMA Board. There would be at least one international trip during that period of time. The state meetings that I would attend would be at the end of the week.
In speaking with past leaders of ICMA, they indicated that the President can arrange the schedule so as not to miss Council Meetings or many days of work. It has been my tradition that my Association involvement is charged as vacation days and vacation hours. Nothing will take precedent over my responsibilities as Port Orange City Manager. I would appreciate your feedback.
I have to submit my letter of intent right after the first of the year. However, I can withdraw my name from consideration up until the first weekend in June. The interviews will occur in June.
For the record, the City Council needs to state the effective date for the City Manager’s salary adjustment. The choices are:
Effective Tuesday, November 14
Effective at the beginning of the pay period prior to November 14
Effective at the beginning of the pay period after November 14
Effective on October 1
At this time, Council Members may discuss various matters of concern.
At this time, Council Members may report on various committees to which they have been assigned.