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

                        February 16, 2010

 

Date:               February 8, 2010

 

 

Remember Tuesday night beginning at 5:00 p.m. at the Riverside Pavilion, we will be honoring the coaches who coach our youth athletic teams.  The City Council will need to leave about 6:30 p.m. in order to be present at City Hall for the Regular City Council Meeting.

 

A.                 OPENING

 

Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call

 

 

B.                 BOARD APPOINTMENTS AND INTERVIEWS

 

Item 4 -           Library Advisory Board (1 Term to Expire 7/18/10)

 

There has been a vacancy on the Library Advisory Board for some time which has created a problem in having a quorum.  One appointment needs to be made to the Library Advisory Board with the term to expire on July 18, 2010.  Attached is the application from Mike Young who has expressed an interest in serving on this board.  Mr. Young has indicated that he will be in attendance at the Council meeting on Tuesday. No other applications are currently on file.

 

Item 5 -           Firefighters Pension Fund (1 Term to Expire 2/15/10)

 

One appointment needs to be made to the Fire and Rescue Pension Fund.  This position is held by a member of the public.  Jim Reardon has expressed an interesting in being reappointed and has indicated that he will be in attendance at Tuesday’s Council meeting.  At this time, we have no other applications on file.

 

City Manager’s Comment:  The City Council has two appointments to the Firefighters Pension Board.  The City Council has appointed one of its members to the Board.  Mr. Reardon is the other City Council appointee. 

 

Item 6 -           Police Pension Fund (1 Term to Expire 2/15/10)

 

One appointment needs to be made to the Police Pension Fund.  This position is held by a member of the public.  David Strassel has expressed an interesting in being reappointed and has indicated that he will be in attendance at Tuesday’s Council meeting.  At this time, we have no other applications on file.

 

City Manager’s Comment:  The City Council has two appointments to the Police Pension Board.  The City Council has appointed one of its members to the Board.  Mr. Strassel  is the other City Council appointee. 

 

 

C.                CITIZEN PARTICIPATION (Non-Agenda)

D.                CONSENT AGENDA

 

Item 7 -           Building Activity Report and Monthly Development Activity Report for December 2009 and January 2010

 

The attached Staff Reports include the Development Activity Report for January, 2010, and the Building Activity Report for December 2009.  These reports provide information on proposed development and projects under construction, commercial code enforcement activity, and monthly building permits and inspection updates.

 

Item 8 -           Fiber Optic Agreement with Palmer College Foundation, Inc.

 

The City has been providing excess fiber optic services to Palmer College Foundation since the College first developed.  The attached agreement continues to provide excess fiber optic services but clarifies access to the facility and now requires Palmer to work directly with Time Warner for services, such as internet access and IP addressing.  Palmer will pay the City $70.00 per month for use of the City’s fiber and will pay Time Warner for all other services.

 

The agreement is cancellable by the City with a 60-day notice provision in the event services or access can no longer be made available by the City.  Staff recommends approval of the fiber optic agreement.

 

Staff recommends that Council approve a fiber optic agreement between the City of Port Orange and Palmer College Foundation, Inc., and authorize the Mayor and City Manager to execute the required documents.

 

Item 9 -           Installation of Replacement Generators at Potable Water Pumping Facilities

 

In October 2009, Council approved the replacement purchase of generators at the three water pumping facilities (a 175 kW at Peninsula Pump Station, a 175 kW at Oceans Pumps Station, and a 125 kW at the Eastern Wellfield along Richel Road).  Delivery of the units is anticipated by March 2010.  Staff eagerly desire to complete retrofitting the new replacement generators in advance of the 2010 hurricane season.

           

Florida Detroit Diesel-Allison has a continuing service agreement with the City of Port Orange which includes generator refurbishment, repair and maintenance.  Under the terms of that contract, Florida Detroit Diesel-Allison quoted the removal of the existing units and subsequent replacement with the new generators.  Funds for this work are budgeted and available in account number 401-0200-533-6397 project number WWP003 Water Plant Improvements.

           

With regard to the existing generators, the City will retain ownership of the units.  The Public Works Department will evaluate refurbishing each generator, and consider trailer-mounting them for ready transport as part of City-wide emergency preparedness.   

             

Staff recommends that Council approve a purchase order to Florida Detroit Diesel-Allison in the amount of $49,686 for installation of three replacement generators, in accordance with the terms of their continuing service agreement with the City of Port Orange. 

 

Item 10 -        Final (Deductive) Change Order No. 3 with the County of Volusia for Williamson Boulevard Phase I Related to the Joint Project Agreement with the City of Port Orange

 

The County of Volusia through a contract with Masci Construction over the past two years completed the construction of Williamson Blvd. Phase I a Joint City–County Project and also a Taylor Road Widening Project which was added sometime later.  By our City following through on this joint project agreement and these two roadway projects with the County significant construction dollars and administrative costs have been saved.

           

This joint effort between the City and County over the past 2 years successfully widening both roadways has helped to improve traffic flow on Williamson Blvd. north of the Moody Bridge and along Taylor Road to the west. The County’s roadway plans consisted of constructing these roadways with storm water treatment systems and a joint use retention pond shared between the City and the County, as well as all related utility relocations.  Construction is now substantially complete. The County’s construction management staff worked quite effectively with City Staff, and our engineering consultant team to add and delete work as required during the entire duration of the project. 

           

The project team has now determined and is in full agreement on final unit quantities such that this Final Deductive Change Order #3 can now be approved.  Your approval of this final deductive change order for the amount of $155,276 related to the Joint Project Agreement with the County of Volusia is hereby requested at this time. It is anticipated that these remaining funds will be used to assist us in funding other currently under funded projects such as the anticipated Atlantic Avenue Widening Project south of Dunlawton Avenue later this year. 

 

Staff recommends that Council approve the Final (Deductive) Change Order #3 to the   County Project #4740-1 by the County of Volusia with Masci Corporation for the Joint Project Agreement between the City of Port Orange and the County of Volusia for Williamson Blvd. Phase I (Utility Improvements) for a deductive amount of $155,276 and to authorize the Mayor and City Manager to execute the associated contract documents as necessary. 

 

 

E.                 REPORT FROM ADVISORY BOARD

 

Item 11 -        Citizen Advisory Committee for MPO

 

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

 

F.                 COMMUNITY DEVELOPMENT

 

Item 12 -        Second Reading – Ordinance No. 2009-4 – Repeal Ordinance No. 2008-19 Small Scale Future Land Use AmendmentSummit Golf Center (Continued to Date Certain of February 16, 2010)

 

Staff requests that this item be continued to March 2, 2010.

           

Item 13 -        First Reading – Ordinance No. 2010-1 - Amending Chapter 17, Section 30, of the Land Development Code to Allow Interim Uses within the Planned Community – Port Orange Riverwalk (PC-R) Zoning District)

 

Development Code (LDC) to allow Interim Uses within the Planned Community – Port Orange Riverwalk (PC-R) zoning district.   The Community Redevelopment Agency for Port Orange Town Center voted unanimously on October 20, 2009 in support of the proposed amendments; and on October 22, 2009, the Port Orange Planning Commission also voted to recommend approval of the proposed LDC amendments. 

 

In addition to required display advertisements in the newspaper, all property owners within the Riverwalk Redevelopment Project area, including mobile home owners in Halifax Mobile Home Park, have been provided notification of the public hearings on the subject ordinance by First Class U.S. mail.

 

Staff recommends that Council approve the attached ordinance amending Chapter 17, Section 30, of the Port Orange Land Development Code to allow Interim Uses within the Planned Community – Port Orange Riverwalk (PC-R) zoning district.

 

Second Reading:   March 2, 2010

 

 

G.                ADMINISTRATION

 

Item 14 -        Resolution No. 10-12 – Repayment of Grant Funds – Gamble Place (Continued to Date Certain of February 16, 2010)

 

The City of Port Orange received a grant from Volusia County for the operation of Gamble Place.  In 2007, the City terminated the lease agreement with the Museum of Arts and Sciences, the property owner, effective October 1, 2007.  In September, 2009, the facility was closed to the public. 

 

This Resolution authorizes the City of Port Orange to return the remaining grant funds to the County.  The County requests reimbursement in the amount of $52,946.  Staff recommends that Council approve the attached resolution authorizing the reimbursement of grant funds to Volusia County for Gamble Place.

 

City Manager’s Comment:  We are still gathering information related to the issues raised by Mr. Libby. Specifically, we are looking into the septic tank issue and the pump issue. 

 

Item 15 -        Resolution No. 10-13 - Florida Department of Agriculture and Consumer Services, American Recovery and Reinvestment Act of 2009 Forest Health Improvement Initiative – SummerTrees Pond Reforestation

 

The City intends to submit a grant application to the Florida Department of Agriculture & Consumer Service's American Recovery and Reinvestment Act of 2009 Forest Health Improvement Initiative grant program.  The intent is to increase local tree canopy cover at the SummerTrees Pond by installing native, drought tolerant trees.

 

There is no match required.  The City seeks $24,000.00.

 

Staff recommends that Council approve the attached resolution authorizing the City Manager to submit an American Recovery and Reinvestment Act of 2009 Forest Health Improvement Initiative grant application and execute a maintenance agreement as well as any grant documents.

 

Item 16 -        Discussion – B-23 Canal

 

On December 8, 2009, the City Council authorized staff to draft and mail a Release, Indemnity and Hold Harmless Agreement and Grant of Lien and Access Rights for the B-23 Canal to the property owners abutting the canal.  The City is in receipt of executed documents from 30 of the 33 affected property owners, which includes all properties south of Main Street.   Letters were also mailed to seven properties that may have private structures on publicly-owned lands and asked that they be removed prior to March 1, 2010.  Staff indicated that the City Council may consider negotiating some type of agreement with the residents for future use after the improvements are made.

 

The City’s consulting engineers, Dredging & Marine Consultants, LLC (DMC), have analyzed the characteristics of the canal and have talked with the dredging contractor to determine project feasibility.  We believe that dredging can occur in the areas where waivers were executed.  The three properties who did not execute the waivers are located in close proximity to each other on the northern end of the canal.  Because the City did not receive 100 percent of the waivers, City Council authorization is needed to move forward with the project. 

 

This item is for discussion purposes only at this time.

 

 

Item 17 -        Discussion – Mowing Contracts

 

Attached is a memorandum outlining the options available to the City Council as it relates to the mowing contracts.  The City bid the mowing contracts in 2006.  By mutual consent of the parties, the contracts could be renewed each year.  If either party did not agree to the renewal, then the mowing contracts would have to be rebid.  We are about to enter the final year of the contact.  Does the City Council desire to renew for one more year or to rebid the mowing contracts? All of the vendors have agreed to renew at current prices. 

 

Item 18 -        Impasse Hearing Procedure Report

 

The City Attorney has drafted this process for use during the Special City Council meeting related to the Impasse Hearing.  By adopting this item, the City Council will establish the format and outline how the meeting will be conducted.  If you have questions, please feel free to contact Margaret Roberts. 

 

 

H.                 COUNCIL COMMENTS

 

Item 19 -        Comments/Concerns from Council Members

 

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

 

 

 

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