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

January 19, 2010

 

Date:               January 11, 2010

 

 

A.                 OPENING

 

Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call

 

 

B.                 BOARD APPOINTMENTS AND INTERVIEWS

 

Item 4 -           Construction Regulation Board

 

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.

 

 

Item 5 -           Parks and Recreation Advisory 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

 

Item 6 -           Contract Extension with Florida N-Viro L.P. for Transportation and Disposal of Bio-Solids

 

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.

 

Item 7 -           Annual Paving Program (FY-2010) – Approval to “Piggyback” St. Johns County Contract with Halifax Paving

 

Staff 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” St. Johns County’s contract with Halifax Paving Inc. in order to obtain asphalt at a cost not to exceed $82.00 per ton.  Total estimated cost to resurface roads as shown is $886,425.  Funds are available in Account No. 30143005416397, Project No POL031.

 

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.

 

Item 8 -           Purchase of Two Aurora High Service Pumps from Barney’s Pumps, a Previously Approved Sole Source Supplier

 

The City of Port Orange is currently undergoing a significant redesign and rehabilitation of the West Master Lift Station located near the extreme southwest corner of our RWP plant site.  This lift station was originally constructed approximately 30 + years ago and is due for a major overhaul.  We anticipate placing the construction of this lift station rehabilitation project out for bid within the next month. In order to expedite this project’s ultimate completion date we are recommending the direct purchase of these two pumps in advance.  This will also hopefully create a cost savings by avoiding the contractor’s material mark-up and sales taxes. Since these 2 pumps are identical to our other pumps currently in service at the East Master Lift Station, this should also allow us additional flexibility in the future in accomplishing repairs, replacements, and change-out of pumps between these two pump stations. 

           

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. 

 

Item 9 -           Building Activity Report and Monthly Development Activity Report for November and December, 2009

 

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.

 

 

Item 10 -        Authorization to Execute SHIP Program Down Payment Assistance Loan for Mr. Carlos Hernandez

 

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.

 

Item 11 -        Authorize Phase II Services with Dredging & Marine Consultants, LLC, for Engineering, Permitting, and Construction Administration for Public Seawalls in the B-23 Canal

 

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.

 

 

Item 12 -        Water Service Replacement Project 2010

 

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 the Brandy Hills, Cypress Cove, and Riverwood Phase II subdivisions.

 

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 Deep Forest subdivision.

 

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

 

Item 14 -        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 15 -        Resolution No. 10-3 - Budget Appropriations

 

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

 

Item 16 -        Second ReadingOrdinance No. 2009-27 – Approving the 14th Amendment to the Southwinds PUD Master Development Agreement and Conceptual Development Plan

 

Staff recommends approval.

 

Item 17 -        Resolution No. 10-4 - Proposed Conservation Easement Vacation – Parcel B, Southwinds Trails, Unit 1 Subdivision (3741 Clyde Morris Boulevard)

 

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.

 

Item 18 -        Resolution No. 10-5 - Proposed Easement Vacation – Lot 61, Oakland Park, Phase II Subdivision (6074 Central Park Boulevard)

 

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 Oakland Park, Phase II Subdivision. The property owners have made this request in connection with a proposed pool and pool deck to be constructed into the easement area.

 

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.

 

Item 19 -        Resolution No. 10-6 - Proposed Easement Vacation – Lot 31 and Lot 32, Sugar Forest, Phase II Subdivision (841 Sugar House Drive)

 

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 Sugar Forest – Phase II Subdivision. The applicant on behalf of the property owner has made this request in connection with a need to clear the property title for a proposed sale of the home that was constructed over the common side lot lines of Lot 31 and Lot 32 in 1979.

 

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 Sugar Forest – Phase II Subdivision, per the attached legal description.

 

Item 20 -        Resolution No. 10-7 - Revised Policy for Construction in City Drainage and Utility Easements

 

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.

 

 

Item 21 -        Concurrency and Fair Share Agreement – Dollar General

 

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 Dunlawton Ave./Clyde Morris Blvd. intersection upon completion of this project.  The $4,946.00 fair share mitigation payment will go toward the improvement cost at this location as reflected on Exhibit A-2 of the agreement.  The agreement has been executed by the property owner 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 Dollar General Site Plan (3741 Clyde Morris Blvd.).

 

Item 22 -        Public Improvement Agreement – Dollar General

 

Southwind Villas-LAC, LLC is constructing a new Dollar General store on Clyde Morris Blvd. in front of the Southwinds Subdivision.  As part of the construction, sidewalk and paving work will be performed in the right of way, requiring a Public Improvement Agreement.  Staff recommends approval of the Public Improvement Agreement for the construction of a new Dollar General store on Clyde Morris Blvd.

 

Item 23 -        Final Site Plan – Florida Power & Light (FPL) Magnolia Substation

 

On December 17, 2009, the Planning Commission recommended approval, 7-0, of the Final Site Plan for the FP&L Magnolia Electrical Substation, subject to:

 

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);

Ø      Installation of a gate and bollards or fencing to prevent unauthorized vehicles from accessing the property from Nova Road; and

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 Nova Road, north of Dunlawton Avenue.  If approved, FP&L intends to construct an electrical substation along with associated infrastructure improvements on a 4-acre portion of a 40.75-acre parcel.

 

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

 

Item 24 -        Discussion  - Fire Services

 

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. 

Item 25 -        Follow-Up Report – 2009 Flu Program Revenue and Expenditures

 

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.

 

 

J.                  ADMINISTRATION

 

Item 26 -        Discussion About Repayment of Grant Funds – Gamble

 

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. 

 

The City of Port Orange received a grant from Volusia County for the capital improvements at Gamble Place.  The City agreed to certain conditions.  If those conditions could not be kept, then the City agreed to reimburse the County the grant funds.  The main issue is a requirement that Gamble must be open to the public.  With the property no longer open to the public, then the City must return the money as required by the grant.  The City met all of its obligations in terms of making the improvements at Gamble.  With the City not being involved in the operating decisions at Gamble, we can no longer guarantee that Gamble will remain open to the public.  Each time the City appears before the ECHO Board, the item related to Gamble is raised.  The question is raised about why the City has not reimbursed the County.  I sought guidance from Volusia County a few months ago on their position.   As you are aware, the City received an answer recently from Volusia County.  They have calculated the amount that the City should reimburse.  That amount is $52,946. When the City cancelled the lease with the Museum, I reported to the City Council that there was a potential for having to repay the grant funds received.  At that time, the City Council set aside the funds so that if the grant agencies requested that the funds be returned, they would be available.  We have been holding these funds since 2007. 

 

Item 27 -        Update on Spruce Creek Road – Elliott Property

 

Some days ago, I sent an email to each of you stating that the Elliott property located on Spruce Creek Road would not provide the acreage of stormwater retention needed to address the Spruce Creek Estates and River Oaks issues.  As stated in the email attached, the City would be required to acquire additional land in the area to handle the stormwater and meet the retention requirements.  The City has closed on two parcels.  Even with these two parcels, the City is still way short of the required retention.

 

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

 

Item 28 -        Comments/Concerns from Council Members

 

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

 

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