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

                        May 19, 2009

 

Date:               May 11, 2009

 

 

 

      A.        OPENING

 

Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call

 

 

B.                 BOARD APPOINTMENTS AND INTERVIEWS

 

Item 4 –          Civil Service Board (1 Term to Expire 5/16/09)

 

One appointment needs to be made to the Civil Service Board with the term to expire on May 16, 2012.  The term of Mr. Charles Hoyle expires on May 16, 2009.  Mr. Hoyle has expressed an interest in being reappointed.  There are no other applications on file at this time.

 

Item 5 -           Code Enforcement Board (3 Terms Expired 4/5/09)

 

Three appointments need to be made to the Code Enforcement Board.  The Code Enforcement Board has two terms that expired on April 5, 2009, and one vacancy.  The terms for the appointments will expire on April 15, 2012.  Richard Spitz and Robert Troup have expressed an interest in being reappointed to the Board.  Attached are applications from individuals who have expressed an interest in serving on this Board.

 

Item 6 -           Environmental Advisory Board (2 Terms Expired 5/7/09)

 

Two appointments need to be made to the Environmental Advisory Board.  Philip Klema has expressed an interest in being reappointed; however, Stephan Harris is not interested in being reappointed at this time.  Attached are applications from individuals who have expressed an interest in being appointed to this Board.

 

Item 7 -           Library Advisory Board (2 Terms to Expire on 7/18/09)

 

Three appointments need to be made to the Library Advisory Board.  The terms will expire on July 18, 2012.  Dianne Gilpatrick and Bruce Reed have expressed an interest in being reappointed.  Attached is an application from an individual who has expressed an interest in being appointed to this Board.

 

 

C.                CITIZEN PARTICIPATION (Non-Agenda – 15 Minutes)

D.                CONSENT AGENDA

 

Item 8 -           Addendum No. 1 to Stottler Stagg & Associates’ Contract for Engineering/Architectural Services

 

On November 4, 2008, the City Council authorized staff to negotiate a contract with Stottler Stagg & Associates, Inc. for architectural and engineering consulting services related to new construction and renovation projects.  The contract approved March 3, 2009, sets forth standard terms and conditions and requires that projects be authorized by addendum in order to clearly identify the scope of services for each project.  On March 17 the City Council requested the addendum be brought back for reconsideration. 

 

The attached addendum represents the scope of services and fee proposal for one of the five original projects. The Adult Activity Center proposal, in the amount of $40,000, includes architectural and engineering services for renovation of the facility and correction of deficiencies in compliance with the 2007 Building Code. It includes cost estimation, preparation of drawings, bid documents and specification, bid assistance and inspection.  It also includes the evaluation of using alternative energy products.  The project’s design and construction are eligible to be funded out of the Community Development Block Grant Program (CDBG).   The CDBG funds are earmarked for expenditure by July 2009 in order to comply with the adopted plan.  The scope will analyze the feasibility of expanding the facility, but due to costs and potential stormwater issues, construction documents are not included for this particular portion.

 

In order to correct deficiencies at the Adult Activity Center and to preserve CDBG funding, staff recommends approval of Addendum 1.

 

Staff recommends that Council approve Addendum No. 1 to the contract with Stottler Stagg & Associates, Inc. dated March 17, 2009, for architectural and engineering services for renovations to the Adult Activity Center and to authorize the Mayor and City Manager to execute all associated documents on behalf of the City.

 

City Manager’s Comments:  These are Federal grant funds.  It is our recommendation that we proceed with determining whether we can expand the building and design the building accordingly.  For many years, we have wanted to renovate the building and, if possible, expand it.  It is a very popular building.  The last expansion was completed in the late 1980’s.  That is when we added the additional restroom and made some modifications to the kitchen facilities.  We made some changes so the building would meet accessibility standards.  We need to make additional changes to the building so that it will meet the newer standards for accessibility. 

 

Item 9 -           Building Activity Report and Monthly Development Activity Report for March and April, 2009

 

The attached Staff Reports include the Development Activity Report for April, 2009, and the Building Activity Report for March, 2009.  These reports provide information on proposed development and projects under construction, commercial code enforcement activity, and monthly building permits and inspection updates.  Staff recommends that Council accept these reports.

 

 

Item 10 -        Port Orange (Williamson) Business Park Final Deductive Change Order No. 1

 

The Briar Team, our design and consulting engineers Kimley-Horn & Associates and Quentin L. Hampton Associates, and the City’s project management team coordinated efficiently to complete the infrastructure improvements at the Port Orange Business Park in a timely and cost effective manner.  The improvements opened up over 30 acres for light industrial development, of which half will be developed by Raydon Corporation for their new headquarters.

 

Final quantities and costs have been adjusted to reflect the actual field installed quantities and have been verified by the City’s consulting engineers and the contractor.  The additional 11 day extension is being recommended because Volusia County did not allow paving on Williamson Boulevard during a two-week period around Bike Week.  The filling of lots, previously scheduled for completion no later than June 2, 2009 was reduced to March 15, 2009.

 

Staff recommends approval of Final Deductive Change Order No. 1 to The Briar Team, LLC, resulting in a final contract amount of $2,570,865.43 and approving final payment subject to all final paperwork and punch list items being completed.

 

Staff recommends that Council approve Final Deductive Change Order No. 1 amending the City’s original contract with The Briar Team, LLC for the Port Orange (Williamson) Business Park project with a net decrease in the contract amount of $139,484.57 for a final contract amount of $2,570,865.43 with an additional contract time of 11 days, and to authorize the Mayor and City Manager to execute all required contract documents.

 

City Manager’s Comments:  The Briar Team did an exceptional job in constructing the improvements at the Port Orange Business Park located on South Williamson Boulevard.  Because we had the project pre-permitted, it allowed us to attract Raydon to the site.  They were able to complete the facility and provide us with a deductive change order. 

 

 

Item 11 -        Sole Source Authorization for the Installation of Monitoring Wells via “Piggyback” of St. Johns River Water Management District Contract 24774

 

As a special condition of the Consumptive Use Permit (CUP) issued by the SJRWMD to the City of Port Orange, the City is required to install a series of monitoring wells at a mutually agreeable location.  The wells are to be the property of the SJRWMD and will assist District hydrologists in improving their groundwater modeling, thus enhancing future CUP application reviews.  As part of the ongoing cooperative history exhibited between the two agencies, it was agreed that installation costs would be the responsibility of the City while monitoring costs would be borne by the SJRWMD. 

           

Staff from the SJRWMD and the City worked in collaboration to identify several potential locations for the monitoring wells and discuss cost-effective strategies to facilitate installation.  Ultimately in the spring of 2009, the SJRWMD staff procured an access easement at the Gamble property for installation of a series of monitor wells.  Additionally, District staff secured a unit cost proposal from the firm of Huss Drilling to install the required monitoring wells at various depths into the aquifer.  It should be noted that Huss Drilling already successfully competed for and was selected by the District as a well drilling contractor, and the pricing has been found by City staff to be fair and consistent within current industry standards.  Subsequently, SJRWMD Senior Contract Administrator Judy Bowen provided written confirmation of her agency’s willingness and legal authority to allow the City to “piggy-back” the contract. 

           

Therefore, Public Utilities staff are requesting permission to “piggyback” the unit price contract of the SJRWMD to allow the City to utilize the services of Huss Drilling to install the required monitoring wells, in accordance with the attached email from SJRWMD staff and the proposal from Huss Drilling.  Also, SJRWMD staff agreed to oversee the installation work in the field in order to ensure that it complies with their ultimate needs.  Funds for this work are available in Water Wells Repair & Maintenance WWW002.

 

Staff recommends that Council waive formal bidding procedures and approve a contract with the company of Huss Drilling in the amount of $80,000 via “piggybacking” of an existing contract between the referenced vendor and the St. Johns River Water Management District for the services of well drilling and installation.

 

Item 12 -        Amendments to Fiscal Year 2008 CDBG Action Plan

 

In an effort to more efficiently expend necessary funding to maintain CDBG regulatory expenditure, the following amendments are requested:

 

1.         Elimination of Real Property Acquisition activity in the amount of $226,848

2.         Addition of new project: Port Orange Adult Activity Center Improvements in the amount of $126,050

3.         Addition of new project: Oak Place Curbs in the amount of $100,798

 

These amendments are considered substantial amendments by HUD definition and will require a 30-day public comment period as noted in the City’s Citizen Participation Plan as contained within the Fiscal Year 2006-2010 HUD Consolidated Plan.

 

Upon conclusion of the 30-day public comment period, these amendments will be brought back to City Council for approval by Resolution before submission to HUD.

 

Staff recommends approval of amendments to Fiscal Year 2008 CDBG Action Plan.

 

Item 13 -        Concurrency and Fair Share Agreement – ABC Liquor Site Plan

 

The ABC Liquor site plan consists of a proposed 10,000 SF retail liquor store and 4,800 SF bank located at 1198 Dunlawton Ave., the site of the former Lonestar restaurant. The traffic impact analysis, completed earlier this year by Traffic Planning & Design, Inc., is based on the net traffic increase between the former and proposed development. The TIA projects impacts to the Dunlawton Avenue / Clyde Morris Boulevard intersection upon build-out of the development toward which the $11,407 fair-share mitigation payment will be contributed, as shown on Exhibit A-2 of the Agreement. The Agreement has been executed by the applicant and is attached for review.

 

The site plan has been reviewed by staff and found to be in compliance with the City’s development requirements. A Development Order will be issued upon City Council approval of the Fair-Share Agreement and receipt of the fair-share mitigation payment.

 

Staff recommends that Council approve the Concurrency and Fair-Share Agreement for the ABC Liquor site plan.

 

E.                 TABLED ITEMS

 

Item 14 -        Second Reading – Ordinance No. 2009-4 – Repeal Ordinance No. 2008-19 – Small Scale Future Land Use Amendment – Summit Golf Center (Tabled 4/28/09)

 

It is recommended that this item remain on the table.

 

 

F.                 REPORT FROM ADVISORY BOARD

 

Item 15 -        Citizen Advisory Committee for MPO

 

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

 

 

G.                COMMUNITY DEVELOPMENT

 

Item 16 -        Resolution No. 09-32 - Large Scale Comprehensive Plan Amendment – Wellfield Expansion Area

 

This is a request for Council authorization to transmit the 09-2 Large-Scale Comprehensive Plan Amendment Package to the Florida Department of Community Affairs and other review agencies.

 

The amendment package includes a Future Land Use Map amendment and Intergovernmental Coordination Element (ICE) text amendment regarding the City’s wellfield expansion area, generally located east of I-4 and west of Tomoka Farms Road. The proposed amendment is to change the Future Land Use of ±1,547 acres of property from Volusia County Conservation and Environmental Systems Corridor to City of Port Orange Conservation, pursuant to the 2008 Water Supply Planning Area Interlocal Agreement between Volusia County and the City of Port Orange, and to recognize said agreement and permitted uses for the property in the ICE. The staff report on this amendment is attached for your review.

 

Staff recommends that Council approve the attached resolution authorizing the transmittal of the 09-2 Large-Scale Comprehensive Plan Amendment Package to the Florida Department of Community Affairs and other review agencies, as recommended by the Planning Commission.

 

Planning Commission Recommendation:      On April 23, 2009, the Planning Commission recommended approval, 6-0 (Commissioner McMasters excused).

 

Staff Recommendation:   Staff recommends approval.

 

Item 17 -        Resolution No. 09-33 - Amendment to Fiscal Year 2006 CDBG Action Plan

 

In an effort to more efficiently expend necessary funding to maintain CDBG regulatory expenditure, the following amendments are requested:

 

1.         Reduction of Port Orange Adult Activity Center Improvements from $132,495 to $52,495

2.         Elimination of Demolition in the amount of $35,000

3.         Addition of new project: Spruce Creek Road/Dunlawton Avenue Intersection Improvements in the amount of $115,000

 

Staff recommends that Council approves the attached resolution authorizing amendments to Fiscal Year 2006 CDBG Action Plan 

 

Item 18 -        Resolution No. 09-34  - Amendment to Fiscal Year 2007 CDBG Action Plan

 

In an effort to more efficiently expend necessary funding to maintain CDBG regulatory expenditure, the following amendments are requested:

 

1.         Reduction of Port Orange Adult Activity Center Improvements from $267,803 to $221,753

2.         Elimination of Demolition in the amount of $25,000

3.         Addition of new project: Dunlawton Ave. Street Improvements in the amount of $71,050

 

Staff recommends that Council approves the attached resolution authorizing amendments to Fiscal Year 2007 CDBG Action Plan 

 

Item 19 -        Resolution No. 09-35 - Amendment of SHIP Program 3-Year Local Housing Assistance Plan for Fiscal Years 2009-2012

 

On November 11, 2008, the City approved a three-year SHIP Local Housing Assistance Plan, outlining anticipated funding and strategies for expenditure.

 

As directed by City Council, the amendment presented here redirects the emphasis of expenditure of funds from the existing strategies to modified or new strategies that will assist current Port Orange residents.  Specifically, reducing the down payment assistance maximum award and increasing the number of anticipated substantial rehabilitation projects completed.

 

Additionally, a strategy is being introduced to provide assistance to a for-profit, affordable multi-family housing developer who will apply for state affordable housing tax credits to develop a 74-unit, elderly affordable rental development.

 

Details of the proposed amendments are provided on the attached staff report.

 

Staff recommends that Council approve the attached resolution to amend the SHIP Program 3-Year Local Housing Assistance Plan for fiscal years 2009-2012

 

 

H.                 PUBLIC SAFETY

 

Item 20 -        First Reading – Ordinance No. 2009-10 - Wrecker Service Agreement

 

The attached ordinance establishes a fee for Wrecker Towing and Storage Services for the City of Port Orange.  Staff recommends approval.

 

Second Reading:   June 2, 2009 

 

 

I.                     ADMINISTRATION

 

Item 21 -        Discussion – VGMC Rules of Procedure

 

At the end of the month, the Volusia Growth Management Commission will consider procedural rule changes.  This is an opportunity to provide Bobby Ball with input prior to the VGMC meeting.  Staff will be present at the VGMC meeting should there be a question asked.

 

 

J.                  COUNCIL COMMENTS

 

Item 22 -        Comments/Concerns from Council Members

 

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