MEMORANDUM

 

 

To:                   Mayor Allen Green

                        Vice Mayor Dennis Kennedy

                        Council Member Bob Ford

                        Council Member Donald Burnette

                        Council Member Robert Pohlmann

 

From:              Kenneth W. Parker, City Manager

 

Subject:          Agenda Commentary for Regular City Council Meeting of

                           May 17, 2011

 

Date:               May 10, 2011

 

 

 

  1. OPENING

 

Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call

 

  1. BOARD APPOINTMENT

 

Item 4 -           Town Center CRA Appointment

 

One appointment needs to be made to the Town Center CRA Board.

 

C.   TOWN CENTER CRA MEETING

 

The City Council will recess the regular City Council Meeting and will convene as the Town Center CRA.  In addition to the five Council Members, there are two others who are members of the CRA. 

Enclosed is the information concerning the sign panels for Riverwalk advertisement.

The work on the Lighthouse is continuing and should be completed by the time the panels are ready for installation. 

 

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

E.   CONSENT AGENDA

 

 

Item 5 -           Approval of Minutes

 

a.         April 26, 2011 – Special City Council Meeting (Budget Workshop)

b.         April 26, 2011 – Regular City Council Meeting

c.         May 3, 2011 – Special City Council Meeting (Budget Workshop)

d.         May 3, 2011 – Regular City Council Meeting

 

Item 6 -           Staff Reports – Building Activity Report and Monthly Development Activity Report for February and March, 2011

 

Attached are the Building Activity Report and the Monthly Development Activity Report.

 

Staff recommends that Council accept the Staff Reports.

 

Item 7 -           Entering into an agreement with Bert Fish Medical Center, Inc. to perform after hours post-accident drug and alcohol testing

 

The City was recently notified by EmployMed Occupational Health that it discontinued providing drug and alcohol testing after normal business hours. Because the City performs work functions on a 24 hour basis and because the City wants to be in compliance with its Drug Free Workplace Program, it is necessary to have a provider perform post-accident drug and alcohol testing when needed after normal business hours. Two providers were identified: Bert Fish Medical Center, Inc. and FirstLab Services. The lowest cost provider is Bert Fish Hospital.

 

Staff recommends the selection of Bert Fish Medical Center, Inc. to perform after hours post-accident drug and alcohol testing

 

Item 8 -           Change Order #1 to the Miller Pipeline Contract for Sanitary Sewer System Rehabilitation Work

 

Miller Pipeline is a local company based out of New Smyrna Beach which has over the past few years successfully completed sewer rehabilitation work in numerous sections of our City’s wastewater collection system and most recently Area #7 along the east and west sides of Ridgewood Avenue.  Miller Pipeline is currently on-site and willing to continue to accomplish additional work which our Public Utilities Field Operations Division has recently identified. Additional sewer lining work is now required within Areas #54, Area #5, and Area #6 of our City. This area of our sewer collection system is located to the east of Spruce Creek Road on the north and south sides of Dunlawton Avenue. These sewer collection systems have some of our oldest 8” sewage collection pipes being constructed of clay approx. 50 + years ago.  Our Field Operations Division have continued to work in cleaning and videotaping these pipes with our video equipment / truck and evaluated their existing condition. We have therefore determined that significant portions of the clay pipes in this area are currently severely fatigued, cracked, and in need of relining. In order to try and avoid future collapses and failures of the pipes, and the need of very costly full scale sewer collection system removal and roadway replacement we are now  proposing the internal relining of these pipe systems.

           

This proposed Change Order #1 will allow us to continue our joint work program with Miller Pipeline with the lining of sewers, and related manhole and wetwell rehabilitation efforts. Per copy of their letter, attached, they have expressed their willingness to continue to honor their unit prices with us under their existing unit price contract and to continue to perform these varied job tasks as directed.  We are confident that Miller Pipeline Corp. will continue to work with us effectively and efficiently to perform all work assigned in an acceptable manner. 

                       

We therefore request your approval at this time to approve this Change Order #1 for an amount not to exceed $210,000 to the Miller Pipeline Contract for these internal staff identified additional sanitary sewer system rehabilitation efforts making the revised purchase order amount $487,961.  Funds have been budgeted and approved for the current fiscal year to complete this work.  These funds are currently available in the Sewer System Rehabilitation Project #URH001.

Staff recommends Council authorize a Change Order #1 in the amount of $210,000 to be issued to Miller Pipeline Corp., under their existing contract with the City of Port Orange for sewer system rehabilitation services city wide and to authorize the Mayor and City Manager to sign and execute all required contract documents

 

Item 9 -           Extend Concrete Contract (Bid #09-15)

 

The Concrete Sidewalks, Paths and Curbing contract with Sparks Concrete is due to expire May 31, 2011.  Staff requests approval to extend the contract an additional two months, June 1 through July 31st in order to allow time to bid and award new contract.  Vendor has agreed to extend under current pricing, terms and conditions.

 

Staff recommends approval to extend the existing concrete sidewalks, paths and curbing with Sparks Concrete an additional two months, June 1, 2011 through July 31, 2011.

 

Item 10 -        Authorization to Issue a Request for Proposal (RFP) for a Redevelopment Project in the Riverwalk Area – RFP#11 -14

 

To facilitate redevelopment in Town Center, staff has prepared a Request for Proposals (RFP) for development projects on City & CRA lands within the Riverwalk Area of Port Orange Town Center.   Preliminary drafts of the subject RFP were previously reviewed with the CRA on January 11th, February 22nd and March 15th.   The RFP accompanying this agenda form incorporates all of the changes requested by the CRA, as well as modifications to ensure compliance with City Purchasing Policies and Procedures and Florida Statutes.

 

Since RFP #11-14 addresses both CRA and City-owned property, both bodies must approve issuance of the RFP.  Pending these approvals, RFP #11-14 will be issued in mid-June.  This schedule allows the CRA’s marketing efforts to generate exposure for the impending RFP for approximately six (6) weeks prior to the formal issuance and advertisement of the RFP pursuant to Florida Statutes.

 

Staff recommends Council authorize issuance of RFP #11-14, and to designate the Town Center CRA members as the Proposal Evaluation Committee

 

City Manager Comments: The Town Center CRA recommends to the City Council that RFP #11-14 be advertised.  Further, that the Town Center CRA members be designated as the Proposal Evaluation Committee.

 

Item 11 -        Proposed License Agreements – Part of Lot 12, Plantation Acres Subdivision (Nixon-Biro Stormwater Pond) for 760 Biro Drive (Parcel ID 6337-04-00-0121)

 

Lewis and Shirley Rice of Biro Drive requested and obtained a license agreement from the City for the use and maintenance of the uplands beyond top-of-bank at the city-owned stormwater retention facility commonly referred to as the Nixon-Biro Pond. The property is now owned by Lewis E. Rice and Shirley L. Rice, Trustees of the Rice Family Trust.

 

The subject area is shown on the attached Exhibit “A”.  The area is wooded and has become overgrown with brush, tall weeds, and tangled vines.  Additionally, this area is not visible from surrounding right-of-ways and lends itself to undesirable activity.

 

The residential property owners have approached city staff and requested permission to clean the subject area of the vines, brush and weeds.  With the license agreement as proposed, the owners will agree to maintain the areas adjacent to their home, promote the growth of native vegetation so as to enhance wildlife habitat, and to install approved fencing. Should the property owners fail to abide by the terms of the license agreement, the City has the ability to take corrective actions as necessary at the expense of the offending property owner(s).

 

This proposal has been reviewed by appropriate City Staff and approval is recommended.  

 

760 Biro Dr. – Parcel ID 6337-04-00-0121 - Lewis E. Rice and Shirley L. Rice, Trustees of the Rice Family Trust dated March 7, 2011.

 

Staff recommends Council approve and authorize the Mayor and the City Manager to execute the License Agreement resulting from property transfer.

 

 

F.    REPORT FROM ADVISORY BOARD

 

Item 12 -        Citizen Advisory Committee for TPO

 

A representative of the Citizen Advisory Committee for the Volusia Transportation Planning Organization will make a report to Council at this time.

 

G.   COMMUNITY DEVELOPMENT (Wayne Clark)

 

Item 13 -        First Reading – Ordinance No. 2011-8 – Moratorium Extension on the Issuance of Development Orders, Building Permits and Zoning Approvals for Business Tax Receipts for the Operation of Pain Clinics and Pain Management Clinics in the City of Port Orange

 

Planning Commission Action:  April 28, 2011

 

Recommended approval 6-0 of the moratorium extension for a period of 180 days, or until such time as regulatory code amendments are adopted.

                                

The moratorium extension is to provide additional time to further research regulations in House Bill 7095 if it becomes law and other state actions related to these uses and incorporate them into amendments to the Land Development Code (LDC) and Code of Ordinances. The staff report is attached for more information

 

Staff recommends approval of Ordinance No. 2011-08, extending an existing moratorium an additional 180 days on the issuance of Development Orders, Building Permits, and Zoning Approvals for Business Tax Receipts for the operation of Pain Clinics and Pain Management Clinics in the City of Port Orange, as recommended by the Planning Commission

 

Item 14 -        First Reading – Ordinance No. 2011- 9 - Moratorium Extension on the Issuance of Development Orders, Building Permits, and Zoning Approvals for Business Tax Receipts for the Operation of Internet Cafes, Game/Recreational Facilities, Adult Arcades Amusement Centers, and other similarly operated facilities in the City of Port Orange

 

Planning Commission Action: April 28, 2011

 

Recommended approval 6-0 of the moratorium extension for a period of 180 days, or until such time as regulatory code amendments are adopted.

 

The purpose of the moratorium extension is to provide the opportunity for Staff to bring forward proposed Land Development Code and Code of Ordinances amendments regarding regulatory framework and clarifying definitions of the subject businesses. The staff report is attached for more information

 

Staff recommends approval of Ordinance No. 2011-09, extending an existing moratorium an additional 180 days on the issuance of Development Orders, Building Permits, and Zoning Approvals for Business Tax Receipts for the operation of Internet Cafes, Game/Recreational Facilities, Adult Arcades Amusement Centers and other similarly operated facilities in the City of Port Orange, as recommended by the Planning Commission

 

City Manager Comments: On May 24, I would like to conduct a workshop with the City Council related to these uses.  The City Attorney and staff have been working on the Ordinance revisions and would like to have a discussion with the City Council before finalizing any Ordinance.  

 

Item 15 -        Special Exceptions for a Bar in the “CC” Zoning District – Mad Men Ventures, Inc. (3510 Nova Road, Units 101 & 102, Case No. 11-70000003)

 

Planning Commission Action April 28, 2011     

Recommended approval (6-0), subject to the following conditions:

1.    The property owner will install an understory tree, 2 shade trees, and 20 shrubs prior to issuance of the business tax for the proposed use;

2.    The Special Exception use is limited to 3510 Nova Rd., Units 101 & 102; and

3.    The Special Exception is limited to the applicant, MAD Men Ventures, Inc., only. If the applicant should abandon the units or allow the business tax to expire, the Special Exception shall become void.

 

Staff recommends Council approve the request for a Special Exception for a Bar in the “CC” (Community Commercial) zoning district, as recommended by the Planning Commission.

 

H.   CITY MANAGER (Ken Parker)

 

Item 16 -        Discussion of Manatee and Environmental Trust Fund & Boat Slip Allocation Process

 

The City Council has previously discussed the creation of a manatee trust fund and boat slip allocation process and asked staff to look at drafting a possible means of implementation.  The attached documents represent input from the internal staff committee as well as the Environmental Advisory Board and Florida Fish & Wildlife Conservation Commission (FWC).  Input was sought from the Port Orange/South Daytona Chamber of Commerce and VCARD; however, to date, no input has been received.  Staff did review concerns raised during VCARD’s review of a similar program in Daytona Beach and addressed some of them in the attached documents.

 

If the City Council is interested in pursuing the trust fund and boat slip allocation program, staff will finalize the documents based upon City Council input and bring the documents forward at a future date for formal consideration.

City Manager Comments:  We have been working on this item for a number of years.  The Environmental Advisory Board has reviewed the document and their input has been incorporated into it.  A copy was forwarded to several groups for their review and input.  Shannon has head the team in putting this Plan together.  Should  you have a question about the Plan, please call her.

 

Item 17 -        Hazard Mitigation Grant Program Award – Dunlawton Ave. Pond Design and Permitting Phase 1 (HMGP 1840-07-R

 

In 2010, the City submitted a HMGP grant application seeking grant funds to design, engineer, and permit the Dunlawton Avenue Pond related to the May 2009 Rain Storms.  After numerous reviews, FEMA and State recently approved the project and awarded the City a grant in the amount of $74,420.00.  The City’s match commitment is $54,610.00 of the total project costs. 

 

Staff recommends Council approve and accept the Florida Department of Emergency Management, Hazard Mitigation Grant Program (HMGP) award for the design, engineer, and permitting of the Dunlawton Pond.  In addition, authorize the Mayor and City Manager to execute the Federally Funded Subgrant Agreement and provide a match.

 

If you have any questions, please contact Kent E. Donahue or me.

 

City Manager Comments:  This is a FEMA grant for the engineering design of the pond.  This pond is being designed to help keep Dunlawton passable during a major storm event.  As you know, Dunlawton is a major evacuation route.  The City will be able to cover a portion of the City’s engineering cost.  The engineering cost is fully budgeted.  This will allow us to shift some of the cost for the project from engineering to actual construction at some point in the future. 

 

Item 18 -        Early Retirement Option

 

Last year, the City Council indicated that an early retirement option was not something that they wanted to offer every year.  Because there are two new City Council members, I thought it might be good to ask the current City Council if they desired to offer an early retirement option for 2011/2012 since there appears to be interest among long-term employees, both those in DROP and those not in DROP.

 

Item 19 -        RCC Discussion

 Preliminary costs and assumptions for Port Orange to move to a countywide consolidation of dispatch are attached for discussion.  Cost for years one and two are separated to clearly show the run-out costs of RCC, one time conversion costs as well as continuing costs.

 City Manager Comments: The City staff has prepared a preliminary budget for tail costs associated with the converting the RCC to the County Dispatch Center.  There are several assumptions in the budget.  Those are attached for your review.  We believe those are conservative assumptions as Port Orange was going it alone.  However, we believe that both Edgewater and New Smyrna Beach will be assuming some of the costs.  The large numbers in the transition are the software maintenance licenses.  This is for OSSI and ETI.  We would anticipate having to spend $217,800 for software maintenance contracts to maintain our Records Management System during the upcoming fiscal year.  In a letter to Jim Dinneen, I have asked whether we could transition the RMS systems quicker.  This would produce a substantial savings.  Initially, the rumor had been that our partners may not desire to convert their records from OSSI and ETI over to Tiburon and Firehouse choosing to remain with OSSI and ETI.  The materials that you have in the packet are preliminary.  The RCC Transitional Working Group is scheduled to meet on Thursday, May 12 at 2:30 p.m.  The partner cities will be working on the budget and the division of the budget.  Also, we will be talking about the carryover assets of the RCC and how those will be applied. 

 You will notice that there are two large line items in addition to the software.  Those are the line items associated with conversion of records from OSSI and ETI over to Tiburon and Firehouse.  The estimate that we have been initially provided is between $300,000 and $500,000.  The are two options conversion or archiving.  When you archive, you will still need to keep the OSSI/ETI licenses in place in order to access the records. Based upon the software maintenance and licenses, it appears that the payback is between 1.5 to 2.5 years to convert the data from OSSI/ETI to Tiburon and Firehouse.  It will make the records available in the same format without having to go through a software access program to look at the data on the OSSI/ETI system.  Also, conversion means the City will not have to maintain servers for with the information and would not have to worry about whether the interface software will work when Tiburon and Firehouse is upgraded.  Finally, it would place all records management responsibility at one location.

 Because the County will not be maintaining the computers in the automobiles, there are funds for an additional IT person that will work with the Public Safety Department on their computers and systems. 

 Because the County has proposed not moving the RCC over to the RMS until May, 2012, there will be a need to have four records clerks that will be available at the PD overnight.  Because the County will only monitor the front door and has indicated that they will not monitor the jail or the sally port, these four clerical positions would be available to monitor those areas as well as provide records support for the field officers.  It would be a policy decision whether to continue the clerical positions after the conversion is completed.

 I will update you after Thursday’s RCC Transition Team Meeting and provide you with the latest data available.

 

I.      COUNCIL COMMENTS

 

Item 20 -        Comments/Concerns from Council Members

 

At this time council members may discuss various matters or concerns.

 

 

 

 

 

 

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