MEMORANDUM

 

 

To:                   Mayor Allen Green

Vice Mayor Mary 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 11, 2008

 

Date:               November 3, 2008

 

 

Our Agenda for Tuesday night begins with a shade meeting at 5:30 p.m. in the Conference Room in the City Manager’s Office.  The purpose of the Shade Meeting is to discuss upcoming Union negotiations.

 

A.                 OPENING

 

Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call

 

 

B.                 CITIZEN PARTICIPATION (Agenda)

 

Item 4 -           Discussion of Merger – YMCA

 

Attached is a letter from Mark Thornell, District Executive Director of the YMCA.  Mr. Thornell will make a report to the City Council regarding the recent merger of the YMCA.

Item 5 -           Discussion – Ernest Drive

 

Fred Griffith, Public Utilities Engineer, is the Project Manager for the Ernest Drive project.  Mr. Griffith will make a report to Council concerning the paving of Ernest Drive.

 

 

C.                CITIZEN PARTICIPATION (Non-Agenda)

D.                CONSENT AGENDA

 

Item 6 -           Approval to “Piggyback” City of Daytona Beach Electrical Maintenance Awarded to Buchanan Electric, Inc.

 

In FY 2008-09, a total of twelve (12) sanitary sewer lift stations have been scheduled for  replacement and rehabilitation.  On October 7, 2008 the Port Orange City Council approved the purchase of these pump stations in the amount of $408,612.    In-house maintenance staff will be responsible for the removal of existing mechanical equipment as well as the installation of the new lift station equipment.  In-house field operations crews will be responsible for disconnecting, repairing, and reconnecting all sewer force mains and suction lines.  By programming this project over the course of a full year and utilizing in-house resources, a significant savings in project costs will be realized.    Meanwhile an electrical contractor will be responsible for the removal of the existing electrical service racks as well as the installation of (12) new racks.  In order to facilitate this process in the most efficient manner, staff recommends “piggybacking” the City of Daytona Beach current electrical maintenance and repair agreement.   The current price agreement is in effect through October 31, 2009.  Daytona Beach has granted permission to the City of Port Orange to piggy-back the agreement, and Buchanan Electric, Inc. has agreed to perform the same services for the City of Port Orange and honor all prices and terms of the agreement through October 31, 2009.

 

The Public Utilities Department is requesting Council approval of the “piggyback contract”, and an approval of a purchase order to Buchanan Electric, Inc in the amount of $102,230.  Current year funds are budgeted in Project #SLS002 under account 403-0401-535.63-97 for this purpose. 

 

Staff recommends Council approval to “piggyback” Daytona Beach Bid #0906-2430 for Electrical Maintenance, awarded to Buchanan Electric, Inc., to authorize a purchase order in the amount of $102,230, and authorize the Mayor and City Manager to sign contract documents of behalf of the City.

 

 

Item 7 -           Approval to “Piggyback” Daytona’s Electrical Contract with Buchanan Electric

 

In the past, Council has granted approval to “piggyback” Daytona Beach’s electrical contract with Buchanan Electric for maintenance and service work as needed.  Buchanan Electric has the equipment and manpower necessary to provide the services needed and they respond to our calls in a timely fashion.  Daytona Beach has extended their contract with Buchanan for another term and we recommend doing the same.  If approved, this contract will be effective immediately for a period of one year.

 

Staff recommends Council approval to “piggyback” Daytona’s electrical contract, Bid No. 0906-2430, with Buchanan Electric.

 

Item 8 -           Bid Award – Cationic Emulsion Polymer for the Wastewater Treatment Plant

 

 

Products were tested and bids were received for Cationic Emulsion Polymer for the Wastewater Treatment Plant.  There were four bids received for various polymers from several different vendors.  The lowest bid received was from Polydyne for their product NE1060 in the amount of $1.00/pound.  Testing of the product provided ran well and met the City’s specifications requested for this product.  Staff therefore recommends that Council approve the bid submitted by Polydyne for their product NE1060 in the amount of $1.00/lb. Funding for this item is budgeted in 401-0400-536-5219 account.

 

Staff recommends that the City Council approve the acquisition of the City’s annual usage Cationic Emulsion Polymer for the Wastewater Treatment Plant from a bid received from Polydyne Inc. for their product of NE-1060 in the amount of $1.00/pound.

 

 

Item 9 -           Contract Extensions – Site Development Engineering Services

 

An RFSQ was conducted and subsequently Council awarded three firms a contract for Site Development Engineering Services.  The three firms are:  Upham Inc., Kimley-Horn & Associates, Inc., and Environmental Consulting Technology Inc (ECT).  The contracts contained an option for renewal for one additional two-year period of time.  All three firms have agreed to the renewal at the same prices, terms, and conditions as in the original contracts.  Staff is therefore requesting that Council approve the contract extension with these firms as stated.  Staff recommends that Council approve extensions for an additional two year period of time for the three firms currently under contract for Site Development Engineering Services, which are:  Upham Inc., Kimley-Horn & Associates, Inc., and Environmental Consulting Technology Inc. (ECT).

 

Item 10 -        Sole Source for Standardization – Water Meter Equipment and Related Supplies

 

For many years, Sensus water meters have been utilized as sole source for standardization purposes.  Sensus provides not only the water meters but the registers and all related items.  This enables continuity with parts, water meter components along with radio read equipment, etc.  Staff is requesting Council to revalidate this sole source acquisition of water meters and related items purchased from Sensus.  Funding for these items is budgeted in the Meter Reading Budget as an operating supplies item.  Staff recommends that Council approve the sole source for standardization purposes of Sensus meters, related registers, etc.

 

Item 11 -        Replacement Laptop Computers (Patrol Cars)

 

The Police Department is requesting authorization to purchase laptop computers as listed on the attached sheet to replace current laptop computers as the warranties expire in November and they are three years old.  This quote also includes 39 replacement auto adaptors and a new three year extended warranty with accidental damage protection.  The age of the hardware and expiration of the warranty would necessitate costly repairs.  The total quote from JBT and Associates, which is on state contract, is $37,830 ($845 per laptop, $40 for the auto charger, and $85 for the 3 year ADP warranty).  A copy of the quote from JBT & Associates is attached.  Funding for this purchase is in Machines and Equipment, Lease & Replacement Fund, Account No. 505-1000-580-6400.

 

Staff recommends that Council approve the purchase, via state contract, of 39 replacement laptop computers for patrol cars, including 39 auto adaptors and a 3 year ADP warranty from JBT & Associates to replace 39 laptop computers which are three years old and have warranties expiring in November.

 

Item 12 -        Building Activity Report and Monthly Development Activity Report for September and October, 2008

 

The attached Staff Reports include the Development Activity Report for October, 2008, and the Building Activity Report for September, 2008.  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 the Staff Reports (Building Activity Report and Monthly Development Activity Report) for September and October, 2008.

 

Item 13 -        Approval for Mayor and City Manager’s Signature on Use of Volusia County Schools Facility Usage Forms

 

Attached are two Indemnification & Hold Harmless Agreements for Creekside and Silver Sands Middle Schools Facility Usage for the Parks and Recreation Department’s basketball season.  Staff is asking Council to authorize the Mayor and City Manager to execute these agreements.

 

Staff recommends that Council authorize the Mayor and City manager to execute Volusia County’s Indemnification & Hold Harmless Agreements for use of school facilities for the Parks & Recreation Department’s basketball season.

 

Item 14 -        Florida Power & Light Easements for Williamson Business Park

 

In order to facilitate the undergrounding of electric utility services at the Williamson Business Park, FP&L is requiring easements along Williamson Boulevard and McGinnis Avenue.  The easements will allow FP&L to install conduit around the entire road system, as opposed to only the lift station, at no additional cost.  There is adequate room for all required utilities within the designated area.  D.S.C. of Newark Enterprises, Inc. has agreed to provide an easement for FP&L as well.

 

Staff recommends that Council grant Florida Power & Light (FP&L) easements to construct and maintain underground electric utility facilities at the Williamson Business Park along Williamson Boulevard and McGinnis Avenue.   

 

Item 15 -        Acceptance of Settlement Agreement – Gilbert vs. City of Port Orange

 

This case involves a pedestrian/plaintiff who was hit by a SUV outside the Last Resort Bar on US1 during Biketoberfest 2005.  An intoxicated driver passed out at the wheel, and drove his vehicle onto the sidewalk outside of the bar hitting the plaintiff.  The driver also collided with parked motorcycles causing 18 to fall in a domino effect.  The plaintiff suffered a broken leg that required surgery.  The impaired driver resides in North Carolina.  He also possessed cocaine at the time of the accident.  Despite having an illegal blood alcohol level, drug possession, and having caused an accident with serious injury, the driver was inexplicably never prosecuted by the state attorney’s office.

 

The plaintiff filed suit against the City claiming that lane-closing traffic cones placed in the roadway were removed too early in the evening which contributed to the accident.  It is the City’s position that the cones are placed to provide for ingress and egress for motorcycle parking.  Further, placement of the cones would not have prevented an accident in which the sole cause was an impaired driver passing out at the wheel and driving off the roadway. 

 

Despite the injuries suffered, the plaintiff offered to settle the case for $5,000.00 due to the high likelihood the court would find no liability.  Although it is the City’s position that there is no liability it would cost the City far more than $5,000.00 in defense costs to obtain the defense verdict.

 

Staff recommends that Council authorize the settlement of the Gilbert vs. City of Port Orange, Case No. 2006-32162 CICI pursuant to the terms set forth in the settlement agreement.

 

 

E.                 REPORT FROM ADVISORY BOARD

 

Item 16 -        Citizen Advisory Committee for MPO

 

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

 

F.                 FINANCE

 

Item 17 -        Resolution No. 08-56  -     Budget Appropriations Resolution

 

The City Staff has completed the final review of the Fiscal Year 2008 Budget Execution.  The attached budget resolution provides for the recognition of the budget changes recommended from this review.

 

City Manager’s Comments:  This resolution will authorize the final budget adjustments so the books can be closed for the year ending September 30, 2008.  As you know, a number of projects and budget items are multi-year.  Annually, the City Council has to re-appropriate carry over funds in order for the City to pay the bills.  The carry forward appropriation Resolution will be coming to the City Council the first Tuesday in December. 

 

 

G.                COMMUNITY DEVELOPMENT

 

Item 18 -        Second Reading - Ordinance No. 2008-36 – Adoption of Spring 2008 Comprehensive Plan Amendment Package (DCA08-2)

 

Staff recommends approval.

 

Item 19 -        Second Reading - Ordinance No. 2008-37 – Adoption of the 2008 Capital Improvements Element Annual Update

 

Staff recommends approval.

 

Item 20 -        First Reading - Ordinance No. 2008-38 - Second Amendment to Royal Palm PUD

 

This is a request to approve the Second Amendment to the Master Development Agreement for the Royal Palm PUD subject to review of the amendment by the City Attorney as to legal form and content. The purpose of the second amendment is to establish dimensional requirements for an additional type of housing (Cottage-Style Homes) within Phase III of Royal Palm. The subject property is located on the west side of Williamson Boulevard, south of Town West Boulevard.

 

Planning Commission Recommendation:  The Planning Commission recommended approval, 6-0 (Commissioner Booth excused), of the Second Amendment to the Master Development Agreement for the Royal Palm PUD subject to review of the amendment by the City Attorney as to legal form and content.

 

Staff Recommendation:   Staff recommends approval.

 

Second Reading:               December 9, 2008

 

Item 21 -        Resolution No. 08-58 - Requested Approval of Amended SHIP Program Local Housing Assistance Plan (LHAP) for Fiscal Years 2006-07, 2007-08, and 2008-09

 

The State Housing Initiatives Partnership program is a grant that is funded by the State in an effort to assist low and moderate-income individuals with housing needs. 

 

The State of Florida, through Florida Housing Finance Corporation, requires that entitlement cities submit a Local Housing Assistance Plan at least every three years that outlines the proposed use of these entitlement grant funds.  The City of Port Orange originally approved its three year LHAP for fiscal years 2006-07, 2007-08 and 2008-09 on July 25, 2006 and approved an amended plan on July 17, 2007.

 

When amending its approved LHAP, the City must formally approve such amendments and provide a comment period to its citizens to receive input and opinion of the proposed amendments.

 

Attached is a detailed briefing of the amendments submitted for City Council approval.

 

Staff recommends that Council approve an amended SHIP Program Local Housing Assistance Plan for Fiscal Years 2006-07, 2007-08, and 2008-09. 

 

Item 22 -        Resolution No. 08-59 - Requested Approval of SHIP Program Local Housing Assistance Plan (LHP) for Fiscal Years 2009-10, 2010-11, and 2011-12

 

The State Housing Initiatives Partnership program is a grant that is funded by the State in an effort to assist low and moderate-income individuals with housing needs. 

 

The State of Florida, through Florida Housing Finance Corporation, requires that entitlement cities submit a Local Housing Assistance Plan at least every three years that outlines the proposed use of these entitlement grant funds.  The City of Port Orange originally approved its three year LHAP for fiscal years 2006-07, 2007-08 and 2008-09 on July 25, 2006 and approved an amended plan on July 17, 2007.

 

This new three year SHIP Local Housing Assistance Plan is due on May 2, 2009 to the Florida Housing Finance Corporation, however, as a result of actions previously taken to amend the existing LHAP for Fiscal Years 2006-2007, 2007-2008, and 2008-2009, it was suggested that the City submit its new three year LHAP for the upcoming periods earlier.

 

Staff recommends that Council approve the City’s SHIP Program Local Housing Assistance Plan for Fiscal Years 2009-10, 2010-11, and 2011-12. 

 

Item 23 -        Discussion – Purpose of Volusia Growth Management Commission and Proposed Rule Changes

 

Changes to the administrative rules and procedures for the Volusia Growth Management Commission are being considered by the member jurisdictions at this time.  The City’s appointee to the Commission, Robert “Bobby” Ball, is requesting feedback from the City Council on several important topics regarding the purpose and role of the VGMC itself.  These topics are being debated among its members, in addition to the proposed rule changes.  Please see the attached memorandum for the list of questions as well as additional background information.

 

Item 24 -        Discussion – Building in Drainage Easements

 

Wayne Clark will be discussing this item with the City Council on Tuesday evening. 

 

City Manager’s Comments:  In the more than 24 years that I have served the Port Orange City Council as City Manager, this will be the fourth time that Council has reviewed placing items in drainage easements.  Initially, there was nothing allowed to be placed in the drainage easements.  There were some exceptions, like fences where the water could run through or under.  Then the City Council moved to allow other items to be placed in the drainage easement so that the property owners could have more utilization of their property.  The City has the right to come onto the property to maintain the drainage easements.  Removal of the items in the drainage easement is at the property owner’s expense.  The last revision was a little more expansive in what could and could not be placed in the drainage easement. 

 

Virtually every house in Port Orange has drainage and/or utility easements on their property.  Some of the older properties have front, back, and side yard easements.  In some of the newer areas, not all boundaries may be encumbered by an easement.  Some of the easements are active while many are not.  Regularly, the City Council has requests to vacate easements in full or in part. 

 

What we have found is that, over the years, the character of the easement changes.  It is not intentionally changed but a gradual change.  Often plants are planted in the easements and gradually the easement fills and no longer functions as it was intended to function.  Secondly, property owners fill easements as they improve their property.  Third, grass grows and the easement is altered by the growth.  Fourth, fences are erected and sometimes the fences act as a dam because the area under the fence is filled and does not allow water to flow as it was designed.  There are various other permutations surrounding the reasons easements do not functions as they were designed. 

 

At the same time, we have very few complaints about easements on other properties not working properly.  We do address those on a complaint basis. 

 

In some of our newer subdivisions, the HOA is delegated the responsibility of easement maintenance.  Many of those HOA’s simply pass it on to the property owner and make it their responsibility.  However, from a technical standpoint, the HOA is the party that would maintain the easement should any maintenance be required. 

 

This item was brought to the City Council’s attention because a fence was recently constructed in an easement adjacent to the Woodlake Subdivision.  A property owner voiced a concerned that the chain link fence would impede the water and create potential water backing up onto his property.  Allowing fences in the drainage areas has been common and is allowed by Code.  As I stated in the first paragraph, the number of complaints is relatively small related to maintenance of the easements and impeding of water by a neighbor’s fence. 

 

What are the options?

 

The City could state that fences cannot be constructed in an active easement.  This would lead to more requests for abandonment of easements.

The City could state that nothing could be constructed or placed in an active easement.

 

The City could maintain its current policy and handle each case on a case by case basis and address the situation when a problem occurs.

 

One final observation: As lot sizes have become smaller, we have allowed certain items to be placed in the side yard easements.  It is important that these items not impede any of the drainage flowing between the two properties.  Second, it is important that the easements be maintained properly in order to handle the water running between the two properties.  I am concerned that over time the easements stop functioning as they were originally constructed and designed.  A lot of times, the pitch is so small that the smallest alteration may create a problem.  We may need to look at the City design standards and make the necessary modifications to accommodate the stormwater run off. 

 

 

H.                PUBLIC UTILITIES

 

Item 25 -        First Reading - Ordinance No. 2008-39 - Amending Section 74 of the Code of Ordinances Relating to Utilities

 

The attached proposed amendments to our Code of Ordinances, Section 74-Utilities, was initially begun to address our basic fundamental shift in the growth and development of our Reclaimed Water System.  Based on a Concurrency Evaluation Report presented to Council last year which identified the decision to control the expansion southward of our reclaimed water system, these revisions will help to guide us in the continued growth, development, and management of this valuable resource for years to come.  A Reclaimed Water Service Availability Map contained in the LDC will now help to guide all of our future decision.

 

During our overhaul of this utility section of our code, we strove to eliminate many of the old ambiguities and existing inconsistencies between our LDC, our Fire Code, our Building Code, and our Fee Resolution. 

 

Planning Commission Recommendation:      The Planning Commission recommended approval 6-0.

 

Staff Recommendation:   Staff recommends approval.

 

Second Reading:   December 9, 2008

 

 

Item 26 -        First Reading - Ordinance No. 2008-40 - Amending Chapter 11 of the Land Development Code Relating to Utilities

 

The attached proposed amendments to the Land Development Code, Chapter 11, were initially undertaken to address our basic fundamental shift in the growth and development of our Reclaimed Water System.  Many of these changes were based on a Concurrency Evaluation Report presented to you last year which identified our decision to control the expansion southward of our reclaimed water system.  These revisions will help to guide us in the continued growth, development, and management of this valuable resource for years to come.  General guidelines have been written to govern the use and expansion of the reclaimed water.  A Reclaimed Water Service Availability Map has been added at the end of the Reclaimed Water Section.  This map will aid us in understanding where reclaimed water may be made available in the future.  In addition, all developments which are five acres or larger that decide to utilize reclaimed water will be required to be an interruptible reclaimed water customer.

 

During our overhaul of this utility section of our Code, we also strove to eliminate many of the old ambiguities and existing inconsistencies between our LDC, our Fire Code, and our Building Code.

 

Planning Commission Recommendation:      The Planning Commission recommended approval 6-0.

 

Staff Recommendation:   Staff recommends approval.

 

Second Reading:               December 9, 2008

 

 

I.                    ADMINISTRATION

 

Item 27 – Discussion of Resolution of Contract Dispute with Innoprise

 

Attached is a copy of a letter to Innoprise.  Council has had no further communication from Innoprise since they appeared before Council several months ago.

 

City Manager’s Comments: Innoprise has been notified that we will be updating the City Council on November 11.  I have asked Ann Margret to provide a complete packet of material to the City Council so that you could see what has occurred since they asked to address the City Council. 

 

 

J.                  COUNCIL COMMENTS

 

Item 28 -        Comments/Concerns from Council Members

 

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

 

 

 

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