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
January 19, 2010
Date: January 11, 2010
Item 1 - Pledge of Allegiance
Item 2 - Silent Invocation
Item 3 - Roll Call
B. BOARD APPOINTMENTS AND INTERVIEWS
The terms of Brad Blais and Tim Thompson are scheduled to expire on February 15, 2010. Appointments need to be made with terms to expire on February 15, 2012. Both Mr. Blais and Mr. Thompson have expressed an interest in being re-appointed. Also attached is an application from an individual who has expressed interest in serving on this Board.
The terms of Mary Moorhouse and Leah Riddick are scheduled to expire on February 15, 2010. Appointments need to be made with terms to expire on February 15, 2013. Both Ms. Moorhouse and Ms. Riddick have expressed an interest in serving on this Board. Also attached is an application from an individual who has expressed interest in serving on this Board.
C. CITIZEN PARTICIPATION (Non-Agenda)
D. CONSENT AGENDA
On January 22, 2008, City Council approved Bid Award #B08-04 for transportation and disposal of bio-solids to Florida N-Viro L.P. The term of the initial agreement was for a period of two years, with up to (3) one-year options for renewal, if mutually agreeable to both parties.
The City has expressed its desire to exercise its first one-year option, and the vendor has agreed, in writing, to the extension. The vendor shall maintain the current pricing for transportation and disposal ($37.74/wet ton) during the extended one year term.
Staff recommends approval of the one (1) year extension of the existing contract with all terms and conditions of the existing contract to remain in effect. Funds are available in the current operating budget in account #401-0400-535.34-11.
Staff recommends that Council approve a one (1) year extension of the current contract with Florida N-Viro L.P. for the transportation and disposal of bio-solids and authorize the Mayor and City Manager to execute contract extension documents.
has identified the roadways in need of resurfacing for the 2010 Paving
Program. The spreadsheet attached lists
the roadways to be resurfaced, condition, year originally construction, and
cost to resurface each. Staff requests
approval to “piggyback”
Staff recommends approval to “piggyback” St. Johns County Contract, Bid No. 09-83, with Halifax Paving Inc. to resurface roads as outlined in the FY2010 Paving Program for a total cost not to exceed $886,425.
The City of
On October 27, 2009 City Council approved Barney’s Pumps as the sole source provider of Aurora High Service Pumps. The Department has also planned for this project in the FY10 CIP. Furthermore, bondholder covenants mandate that a minimum of 5% of operating revenues must be directed to the 403 fund for the specific purpose of maintaining the existing system infrastructure. This specific project will help meet the requirements of those covenants. Funding is available in project #SSP002, Sewer Plant Replacement, account #40304005356397. We recommend revalidation of Barney’s Pumps Incorporated as a sole source vendor and approval for the purchase of these pumps in the amount of $110,000.00.
Staff recommends that Council authorize a purchase order to Barney’s Pumps Incorporated in the amount of $110,000.00 for the purchase of two (2) replacement high service pumps required in the proposed rehabilitation of the West Master Lift Station at the Reclaimed Water Plant.
The attached Staff Reports include the Development Activity Report for December, 2009, and the Building Activity Report for November, 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 the Staff Reports (Building Activity Report and Monthly Development Activity Report for November and December, 2009.
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.
Carlos Hernandez has been determined eligible for assistance through the City’s contractor Mid-Florida Housing Partnership. In addition to approval, Carlos has attended classes on credit counseling and home ownership, as well as met all State regulations for assistance.
All contracts and closing statements will be subject to approval by the City of Port Orange Legal Department prior to award of assistance and property closing.
Staff recommends that Council authorize a loan up to $60,000 and acceptance of second mortgage and promissory note for the purchase of real property.
On August 4, 2009, the City Council approved a contract and Phase I preliminary design services with DMC for engineering services related to the B-23 canal project. As a result of Phase I, staff was directed to develop Phase II services for the replacement of public seawalls with DMC. The attached scope of services and fee proposal covers engineering, permitting, bidding assistance, construction administration and inspection services for the seawall reconstruction. It does not include services related to the dredging portion of the project. If the residents along the canal provide executed hold harmless agreements to the City within the timeframe prescribed, the scope of services will be amended to include the dredging component and brought back before the City Council.
The proposal includes both lump sum and not-to-exceed amounts depending upon the service. The total not-to exceed projected cost is $78,820. Funds are available in Account No. 412-1800-541-63-97 DIP042.
Staff recommends that Council authorize Phase II services with Dredging & Marine Consultants, LLC (DMC) for engineering, permitting and construction administration and inspection services related to the publicly-owned seawalls along the B-23 canal and authorize the Mayor and City Manager to execute all associated documents.
By their action on January 27, 2009, City Council awarded Bid No.
B09-04 Water Service Replacement 2009, in the initial amount of $178,540.00 to
R.A. Scott Construction for the replacement of potable water service lines in
On October 20, 2009, the City Council approved a one-year contract extension in the amount of $66,801.04 and in accordance with the terms, conditions, and unit prices of the initial agreement. During the first quarter of FY 2010, the contractor successfully completed the replacement of potable water service lines along Pine Forest Trail and Hunt Club Trail as well as the replacement of reclaimed services in the Azalea Pointe subdivision.
At this point in time, field operations and administrative personnel
are recommending continued replacements as identified within the City’s
approved Capital Improvement Program. Based on the scope of work and original unit prices,
R.A. Scott Construction has provided a proposal in the amount $74,020.00 for
potable water service line replacements within specific areas of the
The contractor will be responsible for furnishing all labor, equipment, tools, services, and incidentals to complete all work as specified in the original bid documents. Our engineering consultant, Quentin L. Hampton (QLH), has evaluated the proposal and unit prices. They have determined the prices in R.A. Scott Construction’s proposal are found to be fair and representative of current industry standards, based upon the site-specific characteristics.
Construction funding is available in the Water System Replacement project URP001 under account number 42108005336397. Staff recommends approval of the Water Service Replacement project 2010 and purchase order in the amount of $74,020.00 to R.A Scott Construction and to authorize the Mayor and City Manager to sign and execute all required contract documents, as necessary.
E. TABLED ITEMS
Item 13 - Second Reading – Ordinance No. 2009-4 – Repeal Ordinance No. 2008-19 – Small Scale Future Land Use Amendment – Summit Golf Center (Tabled 4/28/09; re-tabled 7/28/09; re-tabled 10/6/09)
This item needs to be removed from the table so that we can report on activities surrounding this Ordinance. It has been on the table since last April. It is approaching nine months of being on the table. I will be recommending that we contact the owner and move this forward for Council consideration.
F. REPORT FROM ADVISORY BOARD
A representative of the Citizen Advisory Committee for the MPO will make a report to Council at this time.
On November 6, 2009, City Council approved the acceptance of a Florida Department of Environmental Protection pass through grant from the U. S. Department of Environmental Protection for the Ken Bern Reclaimed Water Augmentation project. Also, the City received reimbursement from FPL for work performed by Public Works. The attached resolution appropriates budget revenues and expenditures for these projects. Staff recommends approval.
City Manager’s Comments: This will provide the City with the ability to use the stormwater in the Ken Bern retention pond as augmentation water. It will allow us the ability to pump the water down before an emergency and move it to the west.
H. COMMUNITY DEVELOPMENT
Staff recommends approval.
The Community Development Department has received a request to vacate a 30.00-foot wide Conservation Easement located on Parcel B of the Southwinds Trails, Unit 1 Subdivision. Southwind Villas LAC, LLC, the property owner, has made this request in connection with the proposed Dollar General at Southwinds development, currently under review.
Pine trees and vegetation within much of the 30-foot wide area are damaged from previous wind and fire events. In exchange, the developer agrees to grant tree conservation easements in excess of the area to be vacated. The new easements protect the healthiest vegetation along the North and East portions of the site including a nice stand of fifty-four hardwood trees in the Northwest corner of the site.
The easement vacation application and legal descriptions have been reviewed for completeness and accuracy. Other City departments have reviewed this request and have no outstanding concerns. The easement may be vacated to the extent that new replacement tree conservation easements shall be recorded simultaneous with the recording of the resolution and prior to the development permit issuance.
Staff recommends that Council approve the attached resolution vacating a 30.00-foot wide Conservation Easement.
The Community Development Department
has received a request to vacate a portion of the westerly 10.00-foot wide rear
yard Drainage and Utility Easement located on Lot 61 of the
The easement vacation application and legal description have been reviewed for completeness and accuracy. The area was inspected with respect to City Codes and possible effects to adjacent properties resulting in no outstanding concerns. Required setback distances for a paver deck will not be exceeded and total allowable lot coverage will not be exceeded by the proposed improvements. Release letters have been obtained from all franchise utility companies, and 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 10.00-foot wide Drainage and Utility Easement located on Lot 61 of the Oakland Park, Phase II Subdivision, per the attached legal description.
The Community Development Department
has received a request to vacate the easterly 7.50-foot wide Utility Easement
located on Lot 31and the westerly 7.50-foot wide Utility Easement located on
Lot 32 of the
The easement vacation application and legal description have been reviewed for completeness and accuracy. Release letters have been obtained from all franchise utility companies. The easement may be vacated, as described in the attached Exhibit “A”.
Staff recommends that Council approve
the attached resolution vacating the easterly 7.50-foot wide Utility Easement
located on Lot 31and the westerly 7.50-foot wide Utility Easement located on
Lot 32 of the
The City’s Land Development Code, Chapter 5, Section 4(b) (2) (a) allows subdivision property lines to extend to the middle of a water body and requires maintenance by the private owner. Under some circumstances, the property owner may want to construct erosion prevention improvements within a City drainage easement that are not allowed under the current policy. The current policy does not allow or address shoreline erosion protection improvements and would require vacation of all or part of the easement before any shore protection could be constructed. The proposed policy revision will allow erosion control shoreline improvements within a drainage easement where verifiable erosion of the property is occurring and requires maintenance by the property owner. The policy further requires the property owner to clear the easement and reconstruct the improvement at their own expense should the improvements be verified to cause adverse effects to adjacent properties or if franchise utilities need to perform work in the easement. Staff has reviewed this policy revision and recommends its adoption.
The proposed Fair Share Agreement has been prepared in
conjunction with the site plan for the development of a 9,100 square foot
retail building located on the east side of Clyde Morris Blvd., north of Southwinds Blvd. The
traffic impact analysis (TIA) completed by Kimley–Horn & Associates, Inc.,
projects impacts to the
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.
recommends that Council approve the Concurrency and Fair-Share Agreement for
the Dollar General Site Plan (
Villas-LAC, LLC is constructing a new Dollar General store on
Ø The three conditions from the 1993 Rezoning (Ordinance 1993-9) being made conditions of the Development Order for the site plan (Exhibit “B” of the attached Staff report);
of a gate and bollards or fencing to prevent unauthorized vehicles from
accessing the property from
Ø Installation of supplemental landscaping within the landscape buffer and in front of the 8’ chain link fence as necessary.
The subject property is
located on the west side of
Attached is a copy of the staff report along with an update memo summarizing the concerns raised by adjacent residents at the December Planning Commission Meeting.
Staff recommends that Council approve the Final Site Plan for the FP&L Magnolia Electrical Substation, as recommended by the Planning Commission.
City Manager’s Comments: There has been some concern related to the landscape buffering between the residential properties and the substation. You have seen the letter sent by one of the property owners asking that FPL be required to bring future phases for City Council review so as to guarantee that proper buffering is maintained so that the substation does not infringe on their neighborhood.
I. PUBLIC SAFETY
Back in December, City Council Member Kennedy asked that a discussion about Fire Service be placed on the next available agenda. I have included a background memorandum for your review. Status quo is not discussed in the memorandum. Status quo gives the City Council the most say in budgetary policy, level of service policy, and staffing policy. However, status quo may not be the most cost efficient model. There has been much discussion in Volusia County for the past 25 years about which model provides the most cost effective and efficient system while not compromising safety of the residents.
This is the follow-up report requested by the Council at the completion of the 2009 Flu Shot Season billing process. These reports summarize all revenue collected during the 2009 Flu Shot Season and the programs funded from the revenue generated in accordance with Resolution No. 05-63.
Before we send money back to the County, I thought it would be good for the City Council to discuss the issues surrounding Gamble. In the past, the collective Council has authorized the Mayor and the Manager to have meaningful discussions with the Museum about renewing the operating agreement at Gamble. The main issue has always been the lease fee for the property. As you will recall, the Museum did offer to reduce the lease by one-half. Our position was that we could not offer to pay that amount as well as maintaining the property.
days ago, I sent an email to each of you stating that the Elliott property
As outlined in the email, without the additional land, it is doubtful that Elliott would be an appropriate expenditure from the stormwater utility fund. That does not mean that Elliott is not a valuable property for conservation purposes; however, with all of the other issues facing the City, it would be very difficult to set aside the funding for the acquisition from the City’s General Fund.
Therefore, I suggest and recommend that the property owner be notified that the City is no longer interested in acquiring the property because it does not provide the retention volume needed to address the stormwater issues in the area.
K. COUNCIL COMMENTS
At this time, Council Members may discuss various matters of concern.