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 August 17, 2010

 

Date:               August 9, 2010

 

 

The Agenda for Tuesday’s meeting is longer than normal.  We have compressed our normal three regular meetings per month into two this month.  Therefore, this Agenda contains more items than normal.  The City Council will be meeting at 6:00 p.m. to hear a presentation by the YMCA. The Y has been a great partner with the City of Port Orange for more than 20 years.  They provide an excellent program.  We requested a proposal from the Y to take over youth sports programs.  If the Y took over the programs, two positions would be eliminated.  Also, there would be a loss of program revenues.  We will provide you with an analysis of the net cost to the City.

 

Our Parks and Recreation Department provides a great service to our community and so does the Y.  Parents are fortunate to have excellent youth program offerings. 

   

A.                 OPENING

 

Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call

 

 

B.                 EASTPORT CRA MEETING

C.                TOWN CENTER CRA MEETING

D.                SPECIAL REPORT

 

Item 4 -           Report from KemperSports Management

 

A representative of KemperSports will make a report to the Council regarding The Golf Club at Cypress Head at this time.

 

 

E.                 BOARD APPOINTMENTS AND INTERVIEWS

 

Item 5 -           Planning Commission (3 Terms to Expire 9/1/12)

 

Three appointments need to be made to the Planning Commission with terms to expire on September 1, 2012.  Mike Arminio, Lance Green, and Joan Parker have all expressed an interest in being re-appointed to the Planning Commission.  Tim Thompson has expressed an interest in serving on the Planning Commission.

 

 

F.                 CITIZEN PARTICIPATION (Agenda)

 

Item 6 -           Presentation by Michael Mellon, Executive Director of EVAC, Regarding Emergency Transport

 

The City Council requested that Mike Mellon make a presentation to the City Council related to services provided by EVAC. 

 

Item 7 -           Request for Reduction of Lien – 724 Nixon Lane

 

Kondaur Capital Corporation, property owner, is requesting a reduction or removal of liens against property located at 724 Nixon Lane. A fine of $58,700.00 has accumulated against the property. Nelson Valdes, previous owner of the property, was provided legal notice of the Code Board’s action and failed to appeal. Code Board fines began to accrue after an inspection on September 24, 2008. Fines continued to accrue on the property until an inspection confirmed compliance on May 4, 2010.

 

Kondaur Capital acquired the distressed mortgage from Wells Fargo Bank on December 23, 2009. The certificate of title was issued to Kondaur Capital on March 22, 2010 and they became the owner of record. Kondaur Capital corrected all violations by May 4, 2010 and set a maintenance schedule for the property.  While attempting to sell the property, Kondaur Capital discovered the liens that had been placed against the property by the City of Port Orange. Said liens included a utility lien, lot mowing lien and the on-going code enforcement fine of $100.00 per day while the property was in violation. The City of Port Orange was contacted by Kondaur Capital in April 2010 requesting the lien reduction or removal in order to sell the property.

 

G.                CITIZEN PARTICIPATION (Non-Agenda)

H.                 CONSENT AGENDA

 

Item 8 -           Project Managers Report

 

Attached is the Project Managers Report.  If you have questions, please contact any of the Project Managers or me.

 

Item 9 -           Public Improvements Agreement for Sun Glow Construction, Inc.

 

Sun Glow Construction, Inc., has provided a Public Improvements Agreement for off-site public road improvements within the Crooked Pine Road right of way including paving, curbing, sidewalk improvements, and associated facilities.  The improvements are part of the development of the site for PNC Bank.  The agreement requires that this work is completed within one year from the Development Permit issuance and that a one year maintenance bond for the work be provided with the completion and final acceptance of the development.  Staff recommends approval.

 

Item 10 -        Addendum No. 80 to Engineering Services Contract with Quentin L. Hampton Associates, Inc., for Reclaimed Water Augmentation Expansion

 

This addendum authorizes the firm of QLH to perform engineering design and construction phase services necessary to develop expanded Reclaimed Water Augmentation system capabilities by drawing water from alternative water supply sources.  The sources include (1) the Halifax/Nova Canal and (2) an enlarged stormwater pond system to be located adjacent to the Reclaimed Water Plant.  The enlarged pond will enhance the capacity of the drainage system that serves the nearby Dunlawton Avenue corridor. 

           

Funding is available in Reclaimed Water Augmentation-Dunlawton RIM004, Account Number 405-0400-535-6397.

 

Staff recommends that Council approve Contract Addendum No. 80 with the firm of Quentin L. Hampton Associates (QLH) pertaining to engineering services to expand Reclaimed Water Augmentation capabilities, and authorize the Mayor and City Manager to execute the associated contract documents.

 

Item 11 -        Waiver of Normal Bidding Procedures and Revalidation of Sole Source Contract with Florida Detroit Diesel-Allison for Replacement of Two Generator Radiators at the Reclaimed Water Plant

 

Emergency electrical generators are a critical component to reliably ensure the safe and continuous treatment of sanitary sewer.  Should FPL service be interrupted, the Reclaimed Water Plant relies upon a pair of electrical generators working in concert to supply the power required to run the mechanical and electrical components of the treatment process.  The two existing generators have been in service since 2001.  The hostile, corrosive nature of the gases at the Reclaimed Water Plant environment has led to the failure of the radiator units on the two existing generators.  While temporary repairs have been completed by Florida Detroit Diesel-Allison (FDDA) working in concert with Public Utilities staff, a permanent repair is absolutely essential. 

           

FDDA is the City’s sole source vendor for generator service and repair.  They supplied a cost in excess of $80,000 to refurbish the existing radiators.  However, they also estimated replacement cost at $62,676.72.  The estimate includes removal and disposal of the existing units.  Additionally, as part of emergency preparedness, the cost includes temporary rental of a generator unit to be on site during the radiator replacement.  

           

Fabrication and delivery of the new radiators is estimated to take 6 weeks with an additional week for physically completing installation.  Because of the critical nature of keeping the generator units in service, the Public Utilities Department is recommending waiving formal bids, revalidating the sole-source status of Florida Detroit Diesel-Allison, and authorizing a purchase order in the amount of $62,676.72.

           

It should be noted that this repair was not previously programmed into the CIP. Therefore, a budget transfer has simultaneously been initiated from Contingency identified in the Reclaimed Water Division operating budget and reallocated to SSP002 Sewer Plant Replacement, Account Number 40104005356397. 

 

Staff recommends that Council waive the formal bidding process, and to validate Florida Detroit Diesel-Allison as the sole source vendor for generator service, and to authorize a purchase order to Florida Detroit Diesel-Allison for replacement of two generator radiators at the Reclaimed Water Plant, in the amount of $62,676.72.

 

City Manager’s Comments: I have authorized an emergency purchase order for the generator at the Reclaimed Water Treatment Plant.  This is a validation of the purchase order.  I did not think it was in the best interest of the City to delay getting the generator repaired  during hurricane season.  Florida Detroit Diesel-Allison is the vendor who has provided the generators to the City and maintains our current generators.

 

Item 12 –       Bid Award – Re-roof Projects at Allen Green Civic Center, City of Port Orange City Hall, and Fire Station No. 73

 

Re-roofing at three City buildings, Bid # B10-17, was open to 5 pre-qualified contractors.  Three bids were received for the work that includes the removal and replacement of the roof tiles and roofing the low slope built-up roof areas and any defective wood sheathing at the City Hall Building and Fire Station 73. Work at the Allen Green Center includes the removal of the majority of the flat roof and re-roofing after installing tapered insulation and removal of the shingled roof section and replacement with a standing seam metal roof.  The bid documents identified the price of each building but award is to the bidder with the low total bid price.

 

Staff recommends that Council approve the bid award and contract with R & R Industries in the amount of $391,050.00 as low responsive bidder to Bid # B10-17, the Re-roof projects for the Allen Green Civic Center, City of Port Orange City Hall and Fire Station No. 73 and authorize the Mayor and City Manager to execute the contract documents.

 

City Manager’s Comments:  The leaks in all three of the buildings have progressively gotten worse.  The funding is available to do all three roofs.  The bids the City received were below the engineer’s estimate.  We will be bringing an additional item forward for City Council review to provide an enhanced level of inspection services for the tile roofs at Fire Station 73 and at City Hall.  We want to be sure that the roofs are being installed in compliance with the manufacturer’s recommendation and the design documents.

 

Item 13 -        Bid Award – SHIP Rehabilitation at 401 Herbert Street to Misiano Construction and Remodeling, Inc.

 

The City of Port Orange’s Local Housing Assistance Plan includes a strategy to provide funding for substantial rehabilitation of owner-occupied homes.  Mr. Johnny Hamilton and Mrs. Janet Vicanti Hamilton (husband and wife) have been determined income eligible to receive this assistance and the property has been determined eligible to receive this assistance.

 

The City received a total of four bids, the lowest bid was submitted by Misiano Construction and Remodeling, Inc. was determined to be the most responsive bid.

 

As the City is not the property owner, the actual contract for construction will be executed between the homeowners and the General Contractor, Misiano Construction and Remodeling, Inc.  Although not a party in the contract for construction, the City will review all contract documents prior to the homeowner’s execution of said documents to ensure that the City’s detailed scope of work for rehabilitation of this housing unit is expressed and enforceable.

 

Staff recommends that Council approve selection of responsive low bidder, Misiano Construction and Remodeling, Inc. as General Contractor for SHIP Substantial Rehabilitation of property located at 401 Herbert Street for the bid in the amount of $32,350.00, subject to the City Manager’s and City Attorney’s approval of the contract between the property owner/applicant and Misiano Construction and Remodeling, Inc. and the terms and conditions of the loan closing documents.

 

Item 14 -        Bid Award – SHIP Rehabilitation at 308 Grant Street to Misiano Construction and Remodeling, Inc.

 

The City of Port Orange’s Local Housing Assistance Plan includes a strategy to provide funding for substantial rehabilitation of owner-occupied homes.  Mr. Pat Traficante and Mrs. Kristalyn Traficante (husband and wife) have been determined income eligible to receive this assistance and the property has been determined eligible to receive this assistance.

 

The City received a total of four bids, the lowest bid was submitted by Misiano Construction and Remodeling, Inc. was determined to be the most responsive bid.

 

As the City is not the property owner, the actual contract for construction will be executed between the homeowners and the General Contractor, Misiano Construction and Remodeling, Inc.  Although not a party in the contract for construction, the City will review all contract documents prior to the homeowner’s execution of said documents to ensure that the City’s detailed scope of work for rehabilitation of this housing unit is expressed and enforceable.

 

Staff recommends that Council approve selection of responsive low bidder, Misiano Construction and Remodeling, Inc. as General Contractor for SHIP Substantial Rehabilitation of property located at 308 Grant Street for the bid in the amount of $28,900.00, subject to the City Manager’s and City Attorney’s approval of the contract between the property owner/applicant and Misiano Construction and Remodeling, Inc. and the terms and conditions of the loan closing documents.

 

Item 15 -        Bid Award – SHIP Rehabilitation at 1556 Rusty Circle to Misiano Construction and Remodeling, Inc.

 

The City of Port Orange’s Local Housing Assistance Plan includes a strategy to provide funding for substantial rehabilitation of owner-occupied homes.  Mr. Michael Groetsch and Ms. Gloria Groetsch (mother and son, joint owners) have been determined income eligible to receive this assistance and the property has been determined eligible to receive this assistance.

 

The City received a total of four bids, the lowest bid was determined to be unresponsive because it did not make adjustment for addition of an item to the Work Write Up, the next lowest bid was determined unresponsive because it contained quoted items on the Work Write Up that were subsequently removed by addendum.  The third lowest bid, submitted by Misiano Construction and Remodeling, Inc. was determined to be the most responsive bid.

 

As the City is not the property owner, the actual contract for construction will be executed between the homeowners and the General Contractor, Misiano Construction and Remodeling, Inc.  Although not a party in the contract for construction, the City will review all contract documents prior to the homeowner’s execution of said documents to ensure that the City’s detailed scope of work for rehabilitation of this housing unit is expressed and enforceable.

 

Staff recommends that Council approve selection of responsive low bidder, Misiano Construction and Remodeling, Inc. as General Contractor for SHIP Substantial Rehabilitation of property located at 1556 Rusty Circle for the bid in the amount of $22,800.00, subject to the City Manager’s and City Attorney’s approval of the contract between the property owner/applicant and Misiano Construction and Remodeling, Inc., and the terms and conditions of the loan closing documents.

 

Item 16 -        Flu Serum Purchase for 2010 Flu Shot Program

 

Fire and Rescue will be purchasing 800 (8,000 shots) vials of vaccine at $67 per vial (10 shots).  They are the low price vendor as compared to Henry Schein Medical at $107.90 per vial (10 shots) and Sanofi Pasteur at $116.57 per vial (10 shots).  Fire & Rescue will also be purchasing 1,200 (6,000) Children Flu Shots from GSK at $46.70 per box (4 shots) of pre-filled syringes (PFS).  They are low price compared to Sanofi Pasteur at $116.57 per box (10 shots) PFS’s and STAT Pharmaceuticals at $127.95 per box (10 shots) of PFS’s.  Monies are available in the 609 Fund.  Staff recommends that Council approve the purchase of Adult Flu and Child Serum from GlaxoSmithKline (GSK) in the amount of $109,640.

 

City Manager’s Comments:  This is an excellent program offered by the City of Port Orange.  Russ Rafferty has done an excellent job putting this program together for our residents.  Later in the meeting, you will see a request for Port Orange to provide services to other communities for their flu shot programs.

 

Item 17 -        Proposed License Agreement – Lot 7 and Part of Lot 8, Block 2, Harbor Oaks, Unit 1 Subdivision (5915 Riverside Drive)

 

Anita Carroll Garrett Watson and Ralph Larry Watson, the owners of the subject property, have applied for a Right-of-Way License Agreement from the Department of Community Development. The application was made in connection with a proposal to construct the driveway and the right-of-way apron for their new home with decorative pavers.

 

The License Agreement Application has been reviewed for completeness and accuracy. The area has been inspected with respect to City Codes and possible effects to adjacent properties resulting in no outstanding concerns. The contractor has submitted a revised, dimensioned site plan for the building permit depicting the proposal as described. City staff has reviewed the proposal.

 

The property owner has been advised of applicable requirements and advised of the License Agreement review process. This agreement has the effect of requiring the property owner to maintain and, if necessary, replace these improvements with the accepted standard construction requirements of the City. Further, should the property owner fail to abide by this requirement, it provides the City with the ability to take necessary corrective actions at the expense of the property owner.

 

Staff recommends that Council approve and to authorize the Mayor and City Manager to act on behalf of the City to execute a License Agreement for Lot 7 and part of Lot 8, Block 2, Harbor Oaks, Unit 1 Subdivision.

 

Item 18 -        Proposed License Agreement – Lot 60, Cypress Cove, Phase 1 – Replat Subdivision (825 Mockingbird Drive)

 

Ronald J. Krenn and Becky L. Krenn, the owners of the subject property, have applied for a Right-of-Way License Agreement from the Department of Community Development. The application was made in connection with a proposal to reconstruct the driveway and the right-of-way apron for their home with decorative pavers.

 

The License Agreement Application has been reviewed for completeness and accuracy. The area has been inspected with respect to City Codes and possible effects to adjacent properties resulting in no outstanding concerns. The contractor has submitted a revised, dimensioned site plan for the building permit depicting the proposal as described. City staff has reviewed the proposal.

 

The property owner has been advised of applicable requirements and advised of the License Agreement review process. This agreement has the effect of requiring the property owner to maintain and, if necessary, replace these improvements with the accepted standard construction requirements of the City. Further, should the property owner fail to abide by this requirement, it provides the City with the ability to take necessary corrective actions at the expense of the property owner.

 

Staff recommends that Council approve the practices for insuring licenses and to authorize the Mayor and City Manager to act on behalf of the City to execute a License Agreement for Lot 60, Cypress Cove – Phase 1 - Replat Subdivision.

 

Item 19 -        Property, Liability, and Workers’ Compensation Insurance:  Policy Year 2010-2011

 

In 2009, the City issued an RFP for the insurance program which was awarded to Florida League of Cities.  This will be the second year of insurance coverage through the Florida League of Cities.

 

For the 09-10 policy year, the total insurance premiums were $1,096,183 (including the addition of property insurance for the new Police Station effective January 1, 2010).  The proposed renewal premium is $1,035,715, which is $60,468 less than last year’s premium or -5.5%. 

 

The comparisons to last year’s premiums are as follows:

                                               

                                                2009-10                     2010-11                                 Change

                                                                                    (Proposed)

 

General Liability                    $263,782                   $242,785                               -8.0%

Automobile Coverages        $108,889                   $  77,644                                -28.7%

Workers Compensation       $293,172                   $254,772                               -13.1%

Property Insurance                $430,340                   $460,514                               +7.0%

 

The outline of the insurance program is contained in the Florida League of Cities’ proposal dated August 2, 2010.  Staff and the City’s insurance consultant recommend the selection of the FMIT Renewal proposal.

 

Staff recommends that council approve the selection of the Florida Municipal Insurance Trust (FMIT) through Florida League of Cities for the property, liability, and workers compensation insurance program with the coverage period from October 1, 2010, through September 30, 2010.

 

City Manager’s Comments: The City awarded a contract last year to the Florida League of Cities for insurance services.  We had another good year.  This can be seen in the renewal of premiums.  Our property insurance was expected to increase because of the two fire stations and the police headquarters building that was brought on line during 2009-10.  Also, we had some additional recreational facilities that were completed during the last fiscal year.  This is for the same coverage as we had last year.  Our employees continue to work safely.  The City is rewarded by a reduction in Workers Compensation mods.  Our drivers continue to drive safely and that is reflected in the reduced automobile premiums.  We continue to manage risk and have a good history related to general liability and the City’s premiums reflect that trend.

 

Item 20 -        Final Ranking and Approval to Negotiate Contract for Site Development Engineering Services

 

Requests for Statements of Qualifications to provide Site Development Engineering Services over a two-year period, with an option of an additional two year extension were requested.  Twenty-one submittals were received.  By consensus of the selection committee, a short listing of eight-(8) firms was determined. Those eight firms appeared before the committee for oral presentations, which were followed by questions from the committee.  Upon conclusion of these presentations a final ranking was then determined.  The determined ranking clearly shows three firms ranked above the remaining firms. Those three firms are as follows:  Zev Cohen & Associates, Kimley-Horn & Associates and CPH Engineers.

 

Staff requests that Council approve the ranking of the top three firms deemed by the committee to be the most suited and further to authorize them to negotiate successful contracts with those three firms.

 

Staff recommends that Council approve the final ranking from the Selection Committee for RFSQ 10-06 Site Development Services and authorize staff to negotiate successful contracts with the top three-(3) firms.

 

Item 21 -        2011 Critical Dates Calendars

 

Attached are the proposed 2011 Critical Dates Calendars.  These calendars are structured identically to the calendars that were adopted for 2010. The only significant changes to the calendars occur during the months of November and December due to the holiday scheduling conflicts.

 

Planning Commission Recommendation:      The Planning Commission recommends adoption 5-0 (Commissioner Green excused).

 

Staff Recommendation:   Staff recommends approval.

 

 

Item 22 -        Sole Source Acquisition of Neptune Water Meters

 

During the past several months, City Staff has been considering various water meter alternatives.  The new large Sensus Meters are made of ductile iron pipe coated with an epoxy material.  It is City Staff’s concern that ductile iron will have a shorter than required life expectancy in a salt and sand environment.  In the past, the city has encountered problems with ductile iron degradation.  Neptune Metering System has signed an agreement with Sensus, allowing them to communicate meter reading information through the Sensus flex net system.  Also, Neptune meters have been tested by the City; and they meet all of our specifications, including brass construction, reading accuracy, and comparable pricing.  Please see the attached.

 

It is Staff’s recommendation to continue with Sensus meters for the 1 inch or smaller meters and for larger meters proceed with Neptune.  Both of these companies use the same meter reading equipment.

 

Item 23 -        Authorization to Utilize Community Development Block Grant (CDBG) Demolition Activity Funding to Demolish a Vacant, Dilapidated Housing Unit Located at 1125 Bayview Avenue

 

The City’s 2008 CDBG Action Plan contains an activity entitled Demolition.  This activity provides the City with the authority to utilize CDBG funds to demolish a residential or commercial structure, provided it has been found to be a singular spot of slum and/or blight upon the neighborhood in which it is located.  By determining slum/blight of the structure, CDBG funds can be used to clear and/or demolish this slum/blighted structure.  The property is not located in a designated slum/blight area.

 

The City Building Official has inspected the property and has found it to be an unsanitary/unsafe condition and in a deteriorating condition and the owner of the structure has not complied with the City’s requests to improve or demolish the structure.  The Circuit Court of the Seventh Judicial Circuit in Volusia County authorized the City to undertake demolition of the structure by Order dated July 12, 2010. 

 

Staff recommends that Council accept the Chief Building Official’s determination that the structure at 1125 Bayview Avenue is deteriorated, unsafe and unsanitary and find the property to be a spot area of blight not located in a designated slum/blight area and therefore eligible for use of CDBG funds for demolition. 

 

Item 24 -        Building Activity Report and Monthly Development Activity Report for June and July, 2010

 

The attached Staff Reports include the Development Activity Report for July 2010 and the Building Activity Report for June 2010.  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 June and July, 2010.

 

Item 25 -        Contract for Engineering Services for Design of Turn Lanes on Willow Run Boulevard at Clyde Morris and on Dunlawton Avenue at Village Trail

 

Upham, Inc. is one of three engineering firms previously selected as qualified under the Site Design Services, Continuing Services Contract and was selected for the design of these projects.  Both of these projects are funded through a Local Area Program (LAP) Agreement with the Florida Department of Transportation (FDOT).  The FDOT is funding up to 75% of the estimated design cost of the projects, $23,366.00 for the Willow Run design and $27,933.00 for the Dunlawton design.  The contracts with Upham are for $23,003.00 for Willow Run and $26,690.00 for the Dunlawton design. Staff has reviewed the contracts and recommends Council approval. 

 

Staff recommends that Council approve the contracts with Upham, Inc. for engineering design services of the proposed right turn lanes on east bound Willow Run Boulevard at Clyde Morris Avenue and on east bound Dunlawton Avenue at Village Trail and authorize the Mayor and City Manager to execute the contracts. 

 

City Manager’s Comments: At the last meeting, you approved a budget amendment that would fund the design of the turn lanes.  This is the formal contract with Upham to design the turn lanes on Willow Run and Dunlawton Avenue.  At the last meeting, Wayne Clark estimated that it would take up to 9 months to complete the design and permitting.

 

Item 26 -        Final Ranking Approval – RFSQ 10-05 – Design-Build Wellfield Solar Power Project

Staff is requesting the item be removed from the agenda until such time as the protest hearing officer submits findings.  Then the item will be scheduled for formal presentation to the City Council.

 

Item 27 -        2010 Flu Program Contracts

 

These contracts will initiate a Flu Program allowing Edgewater, New Smyrna Beach, Ponce Inlet, and South Daytona to deliver flu shots to their citizens and visitors.   Each agency listed will deliver the vaccinations and Port Orange will handle the payment/billing procedures.  Port Orange will reimburse each agency at a per shot amount of $8.00.  Cost of the program will be covered by collected revenue.  Staff recommends that Council approve the 2010 Flu Shot Program Contracts with Edgewater, New Smyrna Beach, Ponce Inlet, and South Daytona Fire Departments to establish a flu shot program partnership with Port Orange Fire & Rescue.

 

City Manager’s Comments: This would allow the City of Port Orange to provide certain services to other agencies.  They would utilize our bid to purchase the serum.  Port Orange would restock their supplies.  Port Orange would handle the Medicare billing for the shots.  This is a great partnership opportunity.  It works for all parties. 

 

Item 28 -        CPI Rate Increase – Landscape Maintenance Contract

 

As provided in the contract, Staff has calculated the CPI rate increase for the landscape contracts with Glenco Lawns Inc., Tuff Turf and Tif-Jen Inc.  As shown on the sheet attached, the rate to be applied is 0.68%.  If approved, the rate increase will be effective October 1, 2010, through March 31, 2011.  All landscape contracts are due to be re-bid March, 2011.

 

Staff recommends that Council approve the CPI rate increase of 0.68% to the landscape maintenance contracts with Glencoe Lawns, Tuff Turf, and Tif-Jen Inc., effective October  1, 2010.

 

City Manager’s Comments: This is included in the contracts. 

 

I.                     REPORT FROM ADVISORY BOARD

 

Item 29 -        Citizen Advisory Committee for MPO

 

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

 

J.                  FINANCE

 

Item 30 -        Resolution No. 10-58  - Authorization of Merchant Agreement with Merrick Bank

 

The City golf course at Cypress Head has been evaluating various credit card merchant agreements and have identified the attached agreement with Merrick Bank as the appropriate vendor.  The payment and receipting services provided by this bank are integrated with Cypress Head software.  In addition, the card fees and other fees are competitive with other vendors providing services to the City of Port Orange.  The attached resolution authorizes this agreement, and staff recommends approval.

 

Item 31 -        Monthly Financial Report

 

Attached is the Monthly Financial Report.  If you have questions, please contact either John Shelley or me.

 

K.                 COMMUNITY DEVELOPMENT

 

Item 32 -        Second ReadingOrdinance No. 2010-19 – Rezoning and Approving a Master Development Agreement Plan – Colony in the Wood

 

Staff recommends approval.

 

Item 33 -        First Reading - Ordinance No. 2010-20 - Small Scale Land Use Amendment – William Bethune – Executive Homes

 

This amendment is to change the land use designation of 9.6 acres located north of Town West Boulevard, east of Tomoka Farms Road, and south of Fiddler Lane from Volusia County Rural (0.2-1 units/acre) to City of Port Orange Rural Residential/Agricultural (0-2 units/acre).

 

In October 2007, a group of residents (The Tomoka Farms Village, Inc.) opposed to the amendment filed a petition to the Volusia Growth Management Commission over the proposed density. Since the filing of the petition, City staff has worked with the property owner and the residents on a compromise and in March a compromise to limit the density to 1 unit per acre was agreed upon.

 

Planning Commission Recommendation:  The Planning Commission recommended approval, 4-0, of an amendment to the Future Land Use Map of the City of Port Orange Comprehensive Plan Update ’98.

 

 

Volusia Growth Management Commission Action:  According to Volusia Growth Management Commission (VGMC) procedures the filing of a petition requires a public meeting, even though a compromise had been reached. The VGMC recommended approval of Case # 07-055 subject to the density being limited to one unit per acre for the subject property and the density limitation being included in the City’s Adoption Ordinance for this FLU Amendment.

 

Staff Recommendation:  Staff recommends approval to amend the Future Land Use Map of the City of Port Orange Comprehensive Plan Update ’98.

 

Second Reading:   September 7, 2010

 

Item 34 -        First Reading – Ordinance No. 2010-21 – Comprehensive Plan Update (EAR-Based Amendments) – 10-2 Comprehensive Plan Amendment Cycle Adoption

 

The State Growth Management Act requires that local governments periodically review and update their Comprehensive Plans. The periodic amendment process is a two-phase process. It begins with the preparation of an Evaluation and Appraisal Report (EAR) and ends with the adoption of the EAR-based amendments to the Comprehensive Plan. The City Council adopted the EAR, per Resolution No. 09-8, at a public hearing held on January 20, 2009.

 

The recommendations contained in the EAR become the basis of proposed amendments to the Comprehensive Plan. These EAR-based amendments, once adopted by the City Council and found in compliance with Florida Statutes, then become the new Comprehensive Plan.

 

The evaluation of the Comprehensive Plan (the EAR), revealed that overall the Plan was substantially effective. Therefore, the EAR did not recommend any major changes to the Plan. The most significant amendments are to address recent changes to Florida Statutes (i.e. House Bill 697, 2008; Senate Bill 360, 2009).

 

The City Council approved the proposed EAR-based amendments, per Resolution 10-20, at a public hearing on April 20, 2010. Upon review of the City’s proposed amendments, DCA had two objections. The City has prepared responses and revisions to the originally proposed amendments to address these objections and other comments received from the Florida Department of Transportation (FDOT), Volusia County, and the City of Daytona Beach, which were related to some of the details of the Transportation Concurrency Exception Area (TCEA) proposed to address Senate Bill 360. These revisions have been provided to DCA and FDOT for an informal review. The City has also received the Volusia Growth Management Commission (VGMC) Certification and is prepared to adopt the 10-2 CPAs.

 

A summary of the revisions made to the originally proposed amendments is provided in the City’s Response to the Objections, Recommendations, and Comments (ORC) Report. A summary of the amendments proposed in each Element is attached as Exhibit A of the original Staff Report (EAR-based Amendments Summary Matrix). The EAR-based Amendments are available for public review on the City’s website at: http://www.port-orange.org/inside/inside23.php

 

Staff recommends that council adopt the attached ordinance amending the City’s Comprehensive Plan based on the 10-2 EAR-based Amendments, thereby creating the new 2010 – 2025 Comprehensive Plan, and authorizing staff to send the adopted amendments to the Department of Community Affairs (DCA) and other review agencies for final compliance review.

 

Second Reading:               September 7, 2010

 

 

L.                  PUBLIC WORKS

 

Item 35 -        First ReadingOrdinance No. 2010-22 - Award Roll-Off Franchise Agreement

 

Staff advertised the non-exclusive franchise agreement for roll-off container service and received eight qualified submittals.  Under this agreement, vendors are allowed to contract container services with various organizations, firms, or entities with the City of Port Orange for the collection and disposal of construction/demolition debris.  In exchange, each vendor pays the City a flat monthly fee of $85 plus $20.00 based on “per pick up” of each container placed in service. 

 

In addition to the monthly contract payment, each vendor also provides roll off containers for City use as specified in the ordinance.  This agreement will be effective October 1, 2010, through September 30, 2010.  Staff recommend that Council approve the attached ordinance granting a non-exclusive roll off franchise agreement to Fence Services Inc., Emerald Waste Services, Veolia, Samsula Waste Inc., Halifax Wrecking Company, Waste Pro of Florida, Set Materials Inc., and Southeast Container Services.

 

Second Reading:   September 7, 2010

 

Item 36 -        Resolution No. 10-59  - CPI Rate Adjustment – Veolia Environmental Services

 

The solid waste collection contract provides for an annual CPI rate adjustment to be applied October 1.  The rate adjustment is based on rates released in June and is equal to 75 percent of the change in the cost of doing business as measured by fluctuations in the Consumer Price Index, Southeast Florida Urban Consumers, published by the U. S. Department of Labor, Bureau of Labor Statistics.  As shown on the rate sheets attached, the CPI rate adjustment to be applied this October is 0.6768%.  This rate adjustment is applied to the cost of collection only and the new rates will be effective October 1, 2010.

 

Staff recommends that Council approve the attached resolution granting a CPI rate adjustment of 0.6768% to the cost of collection under the waste collection contract with Veolia Environmental Services.

 

M.                PUBLIC SAFETY

 

Item 37 -        First Reading – Ordinance No. 2010-23  - Amending Section 54-13 of the Code of Ordinances Relating to Police Officers’ Pension Fund

 

The attached ordinance amends the City of Port Orange Police Officers Pension Fund, providing for compliance with Chapter 2009-97, Laws of Florida, amending Section 54-132, pre-retirement tax act requirements, providing for codification, providing for repeal for conflicting ordinances, providing for severability, and providing for an effective date.  Staff recommends approval.

 

Second Reading:   September 7, 2010

 

Item 38 -        Resolution No. 10-61  - ZIMEC Rate Structure

 

The Fire & Rescue Department is requesting that the City Council approve their recommended rate structure for the community ZIMEK program removing the depreciation cost of the unit until the program has recorded significant usage.  The program will be evaluated yearly.  The recommendations from the Fire Department and Finance are attached.  Staff recommends approval.

 

Item 39 -        SAFER Grant

 

The City of Port Orange has received notification from the Department of Homeland Security that the City has qualified for 6 grant positions.  The Port Orange Fire and Rescue Department has calculated that the hiring of the 6 additional grant positions would have a positive impact on overtime.  When the City submitted the grant, there were 62 firefighter positions funded by the City of Port Orange.  That means that during the term of the grant that the City must maintain all of those positions and the 6 funded positions.  At the end of the grant period, there is a requirement that the City must retain the 6 SAFER positions for an additional year.  In reviewing the planned retirements for Fire Personnel, there are four positions that are scheduled to retire during that third year so, theoretically, the City Council could reduce the workforce by 4 during that year as those individuals retire from active service.  It would mean that the City Council would have 68 firefighter positions for two years and could reduce it to 64 firefighter positions by the end of FY12-13. Be aware that the firefighters who are scheduled to retire in FY12-13 will be retiring throughout the year, not on October 1.  The last firefighter in the group of 4 that will be retiring during that fiscal year will leave on September 30, 2013.  After FY12-13, the City Council would be able to reduce the positions to current level if that Council so desired.  I have asked Margaret to review the grant materials to be sure that we fully understand the legal commitment. 

 

There are certain costs that would be the responsibility of the City.  Those are outlined in the grant as well as in the attachment presented by the Fire and Rescue Department.  The SAFER grant  would allow the City to reduce its overtime budget  for the upcoming year if the grant is accepted.  It does allow the City to have an orderly transition as people retire.  The pitfalls are that the City would be required to maintain our staffing level at 62 which was the number of positions that were in place when the application was filed with the Department of Homeland Security.  It requires the City to maintain the 6 grant positions for one year after the grant ends.  Because of budgetary issues should the City need to reduce the expenditures, there is a waiver process; but it appears to apply to total public safety, not just fire. 

 

The motion to submit the grant was conditioned upon the City Council approving the acceptance of the grant.  We are at the position.  Does the City Council desire to accept the grant award in the amount of $633,664?

 

 

N.                 ADMINISTRATION

 

Item 40 -        Resolution No. 10-62 - Adopting Inventory List of Municipal Property Appropriate for Use as Affordable Housing

 

Florida State Statute 116.0451 requires that every three years, municipalities prepare an inventory list of all real property within its jurisdiction to which the municipality holds fee simple title that is appropriate for use as affordable housing.  “Affordable” is defined as meaning that monthly rents or monthly mortgage payments including taxes, insurance, and utilities do not exceed 30 percent of that amount which represents the percentage of the median adjusted gross annual income for households defined in FS 420.0004 as extremely low income, low income, moderate income, or very low income.  The City’s inventory list of properties as reviewed by the SHIP/CDBG Program Administrator and right of way agent and no properties were identified that met the State criteria for use as affordable housing.  The attached resolution complied with State reporting requirements and staff recommends approval.

 

Item 41-         Authorize the City Manager to Amend the Early Retirement Agreement with Steve Wolf

 

Steve Wolf is the Parks Superintendent.  He has been an employee of the City of Port Orange for 34 years.  He has elected to participate in the early retirement option program.  When we put the program together the City Council elected a phased in approach.  June 30 is the last option offered in the program. 

 

Although Mr. Wolf easily meets the years of service requirement, he turns 55 on July 1.  I would like to recommend that the City Council allow Mr. Wolf’s early retirement date to be July 1 instead of June 30.  Mr. Wolf realizes that it would effect when he would receive his first retirement check.  There are benefits that he would qualify for by working that additional day that may not be immediately available to him if retired on June 30.  Mr. Wolf has been a long term employee with the City of Port Orange.  I know that we will need to bring back a resolution to the City Council that would amend the early retirement resolution to allow Mr. Wolf to change his date from June 30 to July 1.

 

Item 42 -        Hearing and Consideration of Accepting the Special Magistrate’s Recommendations for IAFF Rank and File Unit Impasse

 

The Union has alleged that the City has committed an unfair labor practice by resolving the impasse issues as recommended by the City Manager for Article 20, Bereavement Leave, and Article 29, Educational Leave.  For purposes of removing these issues from the unfair labor practice, the City Manager recommends that the City Council change its position on the referenced articles and agree with the recommendation of the special magistrate for Article 20, Bereavement Leave, and Article 29, Educational Leave, copies attached hereto. The City has renumbered Article 29 to Article 28 for Educational Leave.

 

 

O.                COUNCIL COMMENTS

 

Item 43 -        Comments/Concerns from Council Members

 

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

 

 

 

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