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

                        September 15, 2009

 

Date:               September 8, 2009

 

 

A.                 OPENING

 

Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call

 

B.                 SPECIAL RECOGNITION AND PROCLAMATIONS

 

Item 4 -           Proclamation – Constitution Week

 

Attached is the proclamation recognizing the week of September 17 as Constitution Week.

 

C.                CITIZEN PARTICIPATION

 

Item 5 -           Port Orange-South Daytona Chamber of Commerce Quarterly Report

 

A representative of the Port Orange-South Daytona Chamber of Commerce will provide Council with an update on Chamber activities at this time.

 

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

E.                 CONSENT AGENDA

 

Item 6 -           Building Activity Report and Monthly Development Activity Report for July and August, 2009

 

The attached Staff Reports include the Development Activity Report for August, 2009, and the Building Activity Report for July, 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 acceptance of the reports.

 

Item 7 -           “Piggyback” of City of Orlando Bid No. B109-2539 for Electric Motor and Repair Services Awarded to Stewart’s Electric Motor Works, Inc.

 

For the past several years, the City has utilized the services of Stewarts Electric Motor Works for repairs of various motors and pumps at both water and wastewater treatment plants as well as remote pumping facilities.  Through a bid award by the City of Orlando, the Public Utilities Department seeks to piggyback the contract/agreement with Stewarts Electric Motor Works, Inc. for electric motor and pump repair services.  The initial term of the agreement shall be for the period beginning July 29, 2009 and ending July 28, 2010 and may be extended for up to four additional years.  The company has agreed to perform the same services for the City of Port Orange and honor all prices and terms of the agreement.   

 

As part of its continuous preventative maintenance and repair program at the R. Dwayne Huffman Reclaimed Water Plant, the Public Utilities Department has scheduled the refurbishment of (2) internal recycle pumps and motors to factory specifications. The department has sufficient operating funds in the current FY2008-09 budget to complete this project.

 

Stewarts has submitted a price quote totaling $38,231.00 to include (1) disassembly, cleaning, and inspection of the recycle pumps and motors; (2) routine maintenance and replacement of parts; and (3) reassembly, painting, and final testing of the two internal recycle pumps. 

 

The Public Utilities Department requests Council approval of the “piggyback contract” and approval of a purchase order to Stewarts Electric Motor Works, Inc. in an amount of $38,231.00. Current year funds for refurbishment of the two internal recycle pumps are available in the general maintenance and repair services account 401-0600-536.46-10. 

 

Staff recommends Council approval to “piggyback” City of Orlando Bid #BI09-2539 for electric motor and pump repair services awarded to Stewarts Electric Motor Works, Inc., and to authorize a purchase order in the amount of $38,231 for motor and pump repair of (2) internal recycle pumps at the R. Dwayne Huffman Reclaimed Water Plant.

 

Item 8 -           Re-validation for “Piggyback” of Volusia County Contract No 08-B-165KW Backflow Device Testing and Certifications Awarded to Aaron’s Backflow Services, Inc.

 

By their original action on October 28, 2008, City Council approved the means to “piggy-back” Volusia County Contract #08-B-165KW for Backflow Device Testing and Certifications awarded to Aaron’s Backflow Services, Inc. 

 

Per FAC 62-555.360, the City is required to maintain a cross connection program.  The program includes annual testing and inspection of all backflow prevention (BFP) devices.  BFP’s are typically installed immediately after the meter on potable water services.  Their purpose is to protect the city’s drinking water system from potentially being contaminated by pollutants that may be injected into the drinking water plumbing after the point of connection to the city system. City policies place the responsibility of testing and maintaining BFP’s on the owner of the backflow device.  In the case of commercial and multi-family developments, the parcel owner must provide the required annual testing.  However, the City itself bears this responsibility for residential connections.

           

The current County price agreement remains in effect through September 30, 2013. Aaron’s Backflow Services, Inc. has agreed to perform the same services for the City of Port Orange and honor all prices and terms of the agreement through September 30, 2013.  There shall be no price increase from FY 2008-09 for any of the services to be performed during FY 2009-10.

 

The Public Utilities Department is requesting City Council approval to revalidate the “piggyback contract” and authorize a purchase order to Aaron’s Backflow Services, Inc. in the amount of $120,000, contingent upon final approval of the FY2009-10 operating budget.  Funds have been budgeted in FY2009-10 under Professional Services account 40108005363113 specifically for this purpose. 

 

Staff recommends Council approval to “piggyback” Volusia County, Florida Contract #08-B-165KW Backflow Device Testing and Certifications awarded to Aaron’s Backflow Services, Inc., to authorize a purchase order in the amount of $120,000, contingent upon final approval of the FY2009-10 operating budget. 

 

Item 9 -           Authorization of Change Order in the Amount of $3,293.00 for SHIP Rehabilitation at 121 Wimbledon Court

 

On December 2, 2008, City Council approved selection of low bidder, R/J Group, Inc., to provide general contractor services for a SHIP housing rehabilitation at 121 Wimbledon Court in the amount of $35,999.00.  SHIP guidelines permit maximum award of up to $40,000.00 for the SHIP rehabilitation strategy. 

 

It has been determined that a change order in the amount of $3,293.00 is necessary because the original bid submitted by R/J Group did not contain pricing for the purchase of the shingles necessary to replace the roof.  The original bid by R/J Group included all other expenses relating to the roof replacement except the cost of shingles.  Shingles that were to have been donated to this project through Builders Care, a non-profit subsidiary of the Home Builders Association, were not provided.

 

Staff recommends that Council approve the attached change order in the amount of $3,293.00 for additional rehabilitation costs associated with SHIP rehabilitation of the home located at 121 Wimbledon Court.

 

Item 10 -        Add South Williamson to Landscape Contract with Tif-Jen, Inc.

 

The construction along South Williamson from Taylor Road to Summertrees Road is now complete, and this area needs to be added to the landscape contract for maintenance.  Tif-Jen Inc. has submitted an annual quote of $19,800 to mow the approximate $182,000 square feet of right-of-way and medians.  This area will be on a 24-mows per year schedule.  Funds will be available in Account No. 00143005413420 when the FY2010 operating budget is approved.

 

Staff recommends that Council approve adding South Williamson maintenance to the landscape contract with Tif-Jen Inc. for a total annual cost not to exceed $19,800.

 

Item 11 -        Approval to “Piggyback” FDOT Contract for Street Sweeping Services

 

The City’s contract with USA Services Inc. for street sweeping expires September 30.  USA Services Inc. has contracted with the Florida Department of Transportation for sweeping, and they are willing to allow us to “piggyback” this contract.  As shown on the pages attached, cost per curb mile is $30.48.  Based on our current miles of roadway under contract (3,140.17 miles), the total annual cost will be $105,771.39.  The Sweep Master sheet attached provides a detailed breakdown of each street, length of each, and cost.  Funds are available in Account No. 41061005343414.  Staff recommends Council approval to “piggyback” FDOT’s contract with USA Services Inc. for street sweeping services for a total annual cost not to exceed $105,771.39.

 

Item 12 -        Approval of Changes to Solid Waste Collection Contract with Veolia ES Solid Waste Southeast, Inc.

 

For the past several years, staff, along with the consulting group RCG Inc., has been in negotiations with Veolia ES Solid Waste Southeast Inc. in an effort to avoid sudden and/or substantial rate increases to our residents for collection services.  All parties have agreed to the following changes which will reduce the monthly rate Veolia is paid by the City:  eliminate liquidated damages, .04 cent reduction in rate.

 

Current October 1 rate is $21.98; with approved reduction, the rate would be $21.94 per month.  This rate reduction will not change or reduce the monthly residential rate ($22.05 per household) charged to customers, but it does eliminate the need to increase the rate.  Once approved, these changes will be effective October 1, 2009.

 

Staff recommends approval of changes to the Solid Waste Collection Contract (Bid No. B06-07) with Veolia ES Solid Waste Southeast Inc. effective October 1, 2009.

 

Item 13 -        Approval to “Piggyback” State Contract No. 863-00-10-1 to Purchase Tires for Fleet Vehicles

 

Each year, staff requests approval to “piggyback” the State contract in order to purchase tires for fleet vehicles at the lowest price possible.  Staff requests approval to “piggyback” State Contract No. 863-000-10-1 to purchase tires through approved vendors, McGee Tires Stores Inc. and Boulevard Tire Center. 

 

Staff recommends approval to “piggyback” State Contract No. 863-000-10-1 in order to purchase tires at the lowest price possible.

 

Item 14 -        Approval of Changes to Dental Insurance

 

Our current dental insurance provider, Great West, was acquired by CIGNA in 2008. As a result of this acquisition, CIGNA has offered the City of Port Orange two new dental plans (DPPO and DHMO) from their platform with the same or better benefits for a lower premium price locked in for two years. If accepted, these plans would replace the current indemnity plan.

 

The DPPO plan has the same benefit coverage as the current indemnity plan. There is also a large network of dentists that an employee can go to for discounted rates. An employee can still go to an out-of-network dentist and pay the same rates they are paying now.  The premium for the DPPO will be 8.9% less than what we are currently paying. The City pays 100% for the employee. Employees with dependant coverage could see significant savings with this option. If they use the PPO network, they may see additional discounts in the cost of the procedure. 

 

The other option available is a DHMO. The DHMO is similar to a regular medical plan HMO where employees are required to use the DHMO network. There are currently only two dental groups that accept this plan. Although this plan is not a good option for employees that are “particular” about their dentists and dental plans, this option presents a very large savings (46%) to employees and dependants. The savings would be seen up front in premiums and in the fees paid to the providers by employees.

 

Staff recommends that Council approve changes to the current dental plan for City employees.

 

City Manager’s Comment:  The City has been able to reduce the cost of insurance for the City and the employee without reducing benefit.  By offering two options to our employees, the employee will be able to tailor the policy to their individual needs.

 

Item 15 -        Approve Final Ranking and Award Audit Services

 

A request for audit services was solicited.  The City received seven submittals.  The Selection Committee short listed the submittal down to four (4).  Those four (4) short listed firms made oral presentations before the committee which were followed by questions, after which the committee determined the final ranking:

 

1.      Brent Millikan & Company

2.      James Moore & Company

3.      Hoyman Dobson

4.      McDirmitt Davis

 

Staff recommends that Council approve this ranking and award the audit services to Brent Millikan & Company for their proposal submitted.  Funding for this service is budgeted in the four major operating funds.

 

F.                 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.

 

G.                FINANCE

 

Item 17 -        Resolution No. 09-72 - Budget Appropriations

 

The attached resolution appropriates budget funds for operational expenditures, capital projects, and other internal transfers.  Staff recommends approval.

 

H.                 COMMUNITY DEVELOPMENT

 

Item 18 -        Second ReadingOrdinance No. 2009-9 – Amending Chapter 15, Section 8(e) of the Land Development Code Relating to Establishing Parameters for the Reconstruction of Non-Conforming Off-Site Signs Following a Catastrophe (Continued to Date Certain of September 15, 2009)

 

Staff recommends approval.

 

 

Item 19 -        Second ReadingOrdinance No. 2009-16 – Second Amendment to Pavilion at Port Orange PCD MCA

 

Staff recommends approval.

 

Item 20 -        First ReadingOrdinance No. 2009-19 – Adoption of the 09-1 Comprehensive Plan Amendments (CPAs) – Woodhaven

 

On November 20, 2008, the Planning Commission recommended approval, 7-0, of the 09-1 CPAs, which included the Woodhaven (Case No. 08-20000003) and Clark (Case No. 06-20000004) amendments. On January 14, 2009, the New Smyrna Beach and Port Orange City Councils held a workshop to review the Woodhaven amendments. As a result of these discussions, the Woodhaven amendments were revised. On February 26, 2009, the Planning Commission reviewed the revised amendments and recommended approval, (7-0). On March 3, 2009, the City Council approved, (4-0), the transmittal of the 09-1 CPAs, per Resolution No. 09-18.

 

The Department of Community Affairs (DCA) had one objection regarding the Clark amendment, which was then withdrawn. There were no objections from DCA on the Woodhaven amendment. The City of New Smyrna Beach objected to the Woodhaven amendment through the Volusia Growth Management Commission (VGMC). At a public hearing on August 26, 2009, the VGMC approved Resolution 2009-05 certifying the Woodhaven amendment as consistent. The City is now prepared to adopt the 09-1 CPAs, which include the following item:

 

Case No. 08-20000003: Map & Text Amendment/Woodhaven Property (Westside)

§   A map amendment to change and redistribute the future land use designations for ± 762 acres of property west of I-95 from 107 acres of Conservation, 487 acres of Rural Residential/Agriculture (0-2 units/acre), 100 acres of Suburban Residential (2-4 units/acre), and 69 acres of Commercial to 137 acres of Conservation, 443 acres of Rural Residential/Agriculture (0-2 units/acres), 113 acres of Suburban Residential (2-4 units/acre), and 69 acres of Commercial.

§   A text amendment to the Future Land Use Element updating Table 8 and Figure 14 to relocate the Sub-Regional Commercial Node from the previous intersection of Williamson Blvd. and I-95 to Williamson Blvd. and Pioneer Trail, amending the Implementation Strategies section and adding a new policy identifying specific development conditions.

§   A text amendment to the Transportation Element adding a new policy and amending the Implementation Strategies section to clarify that the developers of this property will extend Williamson Blvd. from its current terminus south of Airport Road to Pioneer Trail, make improvements to Pioneer Trail along the frontage of the property, and construct Martin Road; and amending Table 17 to identify the Williamson Blvd. extension as a 4-lane road and revise the segment description for Martin Road.

 

 

Please find attached for your review:

  1. The adoption ordinance and exhibits;
  2. The VGMC Resolution 2009-05 certifying the amendments;
  3. The DCA Objections, Recommendations, and Comments (ORC) Report; and
  4. The original staff report for Case No. 08-2000003.

 

Staff recommends that Council approve the attached ordinance amending the City’s Comprehensive Plan Update ‘98 for Case No. 08-20000003 and authorize staff to send the adopted amendments to the Department of Community Affairs for final compliance review. 

Second Reading:   October 6, 2009

 

City Manager’s Comments: All approvals are in place so this item can proceed to final adoption.          

 

Item 21 -        First Reading- Ordinance No. 2009-20 – Adoption of the 09-2 Comprehensive Plan Amendment Package (Wellfield Expansion Area)

 

On April 23, 2009, the Planning Commission recommended approval, 6-0 (Commissioner McMasters excused), to transmit the 09-2 Large-Scale Comprehensive Plan Amendment (CPA) Package. On May 19, 2009, the City Council authorized the transmittal of the subject amendments to the Florida Department of Community Affairs (DCA) and other review agencies. 

 

Upon review of the City’s proposed amendments, DCA did not have any objections. The City has also received the Volusia Growth Management Commission (VGMC) Certification and is now prepared to adopt the 09-2 CPAs.

 

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.

 

Please find attached for your review:

  1. The adoption ordinance and exhibits;
  2. The DCA Objections, Recommendations, and Comments (ORC) Report;
  3. The VGMC Certification letter; and
  4. The original staff report for Case No. 09-2000001.

 

Staff recommends that Council approve the attached ordinance amending the City’s Comprehensive Plan Update ‘98 for Case No. 09-20000001 and authorize staff to send the adopted amendments to the Department of Community Affairs for final compliance review. 

Second Reading:   October 6, 2009

 

City Manager’s Comments: This item is ready for adoption.  All objections have been cleared. 

 

 

I.                     ADMINISTRATION

 

Item 22 -        Resolution No. 09-73 - JPA - Nova, Halifax, Reed AND 11TH Street Canal Flood Control and Integrated Water Resources Project

 

In May, 2009, the region was affected by a large storm event that caused massive flooding throughout the area.  The Nova Canal/Halifax Canal overflowed their banks backing into neighborhoods from Ormond Beach to Port Orange.  Every City as well as the unincorporated areas along the canals was impacted by the flooding that occurred. 

 

A discussion has been held between all the effected cities and the County to determine if working collectively together would be better than each entity going it alone.  Conceptually, it would be better for a collective effort to be put forth rather than individual cities and the County working independently of each other.  The interdependency of the system demands a coordinated effort in order to address the flooding issues.  Also, collectively working together it appears that we would have better chances and opportunities to receive additional funding for the improvements. 

 

What is contemplated is a joint project that would study the entire basin, model the basin, and design improvements that would lessen the impact of large rainfall events on the area. It would take a larger view of the overall basin with a focus on increasing the pumping capacities at 11th Street Canal, Reed Canal, and the end of the Halifax Canal.  This is a macro-level view of the canals, and the solutions would benefit all of the participants.  There will still be separate micro-areas that we will have to address separate and apart from this study.

 

The City of Port Orange’s portion of the study and engineering cost is about 25% of the total bill, or about $190,350.  If Port Orange went it alone, we could anticipate spending about $260,000 for the modeling and engineering for just the improvements in Port Orange.  The Florida Department of Transportation will contribute 5-percent of the project cost, and there may also be additional funding from St. Johns River Water Management District. Sufficient funds can be advanced from the loan pool fund to the drainage fund to cover the City’s portion of the joint project costs.

 

Staff recommends that Council approve the Joint Project Agreement (JPA) between the Eastern Volusia Regional Water Authority, City of Daytona Beach, City of Holly Hill, City of South Daytona, City of Port Orange, City of Ormond Beach, and Volusia County for development of a feasibility study and engineering design report for the Nova, Halifax, Reed, and 11th Street Canal flood control and integrated water resources project and to authorize the Mayor and City Manager to execute all associated documents.

 

Item 23 -        Lease Agreement with Lamar

 

The leases are located on the Zuber tract acquired by the City for wellfield protection purposes.  Staff recommends approval of the proposed modification.

 

Item 24 -        Resolution No. 09-74 – Lamar Settlement Agreement

 

In 2004, Lamar had several billboards destroyed by hurricanes.  The City did not grant building permits to Lamar to rebuild the structures as they were “non-conforming” and more than 50% destroyed according to City Code.  Lamar filed suit seeking relief from the Court and damages.  Lamar rebuilt all but one sign without permits.  A copy of the settlement and reconstruction agreement is attached. 

 

Staff recommends that Council approve the attached resolution authorizing the settlement of the Lamar Advertising vs. City of Port Orange, Case No. 2004-31518 Circuit Civil, Division 32 and reconstruction agreement.

 

 

J.                  COUNCIL COMMENTS

 

Item 25 -        Comments/Concerns from Council Members

 

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

 

 

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