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

                          June 28, 2011

 

Date:               June 21, 2011

 

 

  1. OPENING

 

Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call

 

B.   SPECIAL PRESENTATIONS, RECOGNITIONS, AND PROCLAMATIONS

 

Item 4 -           Representative Dwayne Taylor

 

Representative Dwayne Taylor will be present on Tuesday evening to update the City Council on the Legislative Session. 

 

Item 5 -           Local Business Spotlight

 

Each month, the City of Port Orange and the Port Orange-South Daytona Chamber of Commerce will be selecting one Port Orange business to be recognized and highlighted.  Debbie Connors, Executive Director, Port Orange-South Daytona Chamber of Commerce, will be present on Tuesday night to introduce the local business.

 

C.   SPECIAL REPORTS

 

Item 6 -           Report from KemperSports Management regarding Cypress Head Golf Course

 

At this time, a representative of KemperSports will make a report to the Council regarding the activities of the golf course.

 

D.   BOARD APPOINTMENTS

 

Item 7 -           Board Appointments and Interviews   

 

a.    Charter Review Board

b.    Youth Advisory Board

 

E.   CITIZEN PARTICIPATION (Agenda)

 

Item 8 -           Fraternal Order of Eagles, Port Orange Aerie #4089

 

We have a request from the Eagles for relief on impact fees.  The total amount due to the City is $30,038.12.  They have paid $15,450.80 which covers their building permits, water connection and fire impact fees.  In addition to the City fee of $30,038.12 remaining to be paid, they owe another $16,602.98 to Volusia County for transportation impact.

 

Our ordinance does not provide for any relief process for non-profit organizations.  They are scheduled to appear before City Council on June 28.  If the City Council wants to provide them with relief, it will require an ordinance change.  Also, any relief provided would be available to all who met the criteria established in the ordinance. 

 

The fees that are due have been deferred to Certificate of Occupancy.  Any deferral means those costs are assumed by one of the City's operating funds.  For example, Water and Sewer Impact Fees would become the responsibility of the Water and Sewer Operating Fund; Transportation Impact Fees would be the responsibility of the General Fund.

 

It has always been the position of the City Council that payments in lieu of impact fees be part of an economic development incentive program aimed at targeted industry job creation.  The City has always paid the fee, in those cases, to the impact fee fund to make sure that new development met its obligations.

 

If you have any questions, please let me know.

 

F.    CITIZEN PARTICIPATION (Non-Agenda- 15 minutes)

 

G.   CONSENT AGENDA

 

Item 9 – Approval of Minutes

 

a.    June 21, 2011 – Special City Council Meeting (Lawsuits-Shade meeting)

b.    June 21, 2011 – Regular City Council Meeting

 

Item 10 -        Project Managers’ Report

 

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

 

Item 11 -        PFM Fourth Amendment to Investment Advisory Agreement

 

The City and our Investment Advisor (PFM Asset Management, LLC) entered into an Investment Advisory Agreement dated 5/1/08.   Advisory investment services began with PFM in June, 2001. 

Based on our 2008 Agreement we are able to extend the Existing Agreement and renew it for an additional one-year period through July 1, 2012. 

Staff recommends approval of the attached Fourth Amendment to the Existing Investment Advisory Agreement for the additional one-year period through July 1, 2012.   All other provisions in the Existing Agreement shall remain in effect.

Please see the attached Fourth Amendment to the Investment Advisory Agreement for specifics.

Staff recommends approval of PFM Fourth Amendment to Investment Advisory Agreement.

 

Item 12 -        Construction Inspection Services for the Williamson Blvd. & Hockney Court Signalization

 

Quentin L. Hampton, Assoc. (QLH) proposes to provide inspection services during the signalization of the Raydon intersection.  QLH has personnel experienced in traffic signal construction and staff recommends acceptance of their proposal.

 

Approve the construction inspection services of Quentin L.  Hampton, Assoc. for construction of the traffic signal at Williamson Blvd. at Hockney Ct./McGinnis Ave. in the amount of $7,590 and authorize the Mayor and City Manager to execute the agreement.

 

Item 13 -        Post Design Engineering Services for the Dunlawton Ave. Turn Lane at Village Trail

 

Upham Inc. is the design engineer for this project and their services will be required during the construction phase of this project for shop drawing and data submittal review, meeting attendance, construction observation and coordination with the City.  This is a Local Agency Program project and reimbursable up to the Local Agency Program agreement limit total of $103,512 for construction, engineering and inspection

 

Approve Change Order #2 to the contract for engineering services with Upham, Inc. for the post design services for the Dunlawton Ave. turn lane at Village Trail in the amount of $12,432.00 and authorize the Mayor and City Manager to execute the agreement.

 

Item 14 -        Post Design Engineering Services for Willow Run Turn Lane at Clyde Morris Blvd.

 

Upham, Inc. is the design engineer for this project and their services will be required during the construction phase of this project for shop drawing and data submittal review, meeting attendance, construction observation and coordination with the City. This is a Local Agency Program (LAP) project and reimbursable up to the LAP agreement limit.

Staff recommends Council approve Change Order #2 to the contract for engineering services with Upham, Inc. for the post design services for the Willow Run turn lane at Clyde Morris Blvd. in the amount of $9,842.90 and authorize the Mayor and City Manager to execute the agreement.

 

Item 15 -        Construction Inspection and Local Agency Program compliance for the Dunlawton Turn Lane at Village Trail

 

This is a Local Agency Program (LAP) project funded by the FDOT and inspection and verification of compliance with LAP requirements during the construction phase is required.  The attached QLH proposal is consistent with existing fee schedule and only actual time worked will be billed.

Staff recommends Council approve the proposal from Quentin L. Hampton for construction inspection and Local Agency Program compliance for the Dunlawton turn lane at Village Trail in the amount of $10,640 and authorize the Mayor and City Manager to execute the agreement.

Item 16-         Construction Inspection and Local Agency Program compliance for the Willow Run turn lane at Clyde Morris Blvd.

 

This is a Local Area Program (LAP) project funded by the FDOT and inspection and verification of compliance with LAP requirements during the construction phase is required.  The attached QLH proposal is consistent with existing fee schedule and only actual time worked will be billed.

Staff recommends Council approve the proposal from Q.L. Hampton for construction inspection and LAP compliance for the Willow Run turn lane at Clyde Morris in the amount of $9,310 and authorize the Mayor and City Manager to execute the agreement.

 

Item 17 -        Revalidation of Sole Source Vendor and Approval of Purchase Order to Biological Consulting Services for Establishment of Hydrologic Monitoring for Port Orange Mitigation Bank

 

By its action on September 28, 2010, City Council approved Biological Consulting Services (BCS) as sole source provider for biological and hydrological data collection services.

Since the initial installation of water production wells in the Central Wellfield in 1987 to the present day expansion of the 175-acre reclaimed water reservoir, BCS has provided all biological and hydrological data collection, report preparation, and subsequent submittals on behalf of the City to the SJRWMD, FDEP, and ACOE required for regulatory compliance. 

Last month, the City of Port Orange obtained approval for a permit modification for the Port Orange Mitigation Bank.  BSC assisted in the permit modification process which provides for a revised hydrologic monitoring plan which reduced the number of wetland and upland monitoring stations necessary to record water levels within the mitigation bank area.  As a result of the permit modification, both equipment and annual monitoring costs will be significantly less than originally required in the initial permit.  BSC will coordinate the set-up of the new hydrologic monitoring stations in the mitigation bank area in accordance with the new provisions of the permit.

Contracting with BCS maintains the overall consistency and integrity of the data collection in the field among the water production wells, reclaimed water reservoir, and the wetland mitigation bank.  It also ensures that the ultimate submittal to the regulatory agencies is consistent with previous submittals.  Because of BCS’s unique hands-on history in the development of these lands for the purposes described, having the firm continue to perform these services provides confidence that the City will continue to comply with all regulatory permits associated with water production, reclaimed water recharge, and mitigation banking. 

The Public Utilities Department respectfully recommends awarding of a purchase order to Biological Consulting Services in the amount of $36,210.00.  Funding for these services is budgeted in the Wetland Mitigation Fund 416-0300-580-3113 account.

Item 18 -        National Night Out

 

The Port Orange Police Department is requesting use of the City Center Circle from City Center Parkway to City Center Boulevard for a National Night Out Against Crime event to be held August 2, 2011.  This is a national event to promote Police/Community partnership.  This event would be from 1:00 pm to 9:00 pm.

Staff recommends Council’s approval to use the City Center Circle for National Night Out Against Crime on August 2, 2011.

Item 19 – Amendments to FY2006-2010 CDBG Consolidated Plan and FY2010 Action Plan

 

Two (2) new projects are proposed for addition to the City’s Community Development Block Grant (CDBG) FY 2006-2010 Consolidated Plan and FY 2010 Action Plan.  The first is the allocation of $75,000 in CDBG funds in FY 2010 as “Local Participation” as required by the Florida Housing Finance Corporation for its Low Income Housing Tax Credit Program.   These funds support the tax credit application for a 72-unit Senior Rental Apartment project located at 1040 Herbert.    This local participation was authorized by the City Council on January 18, 2011, subject to this Plan Amendment.   The second amendment is to allocate $1,000 for paint and painting supplies to paint exteriors of several homes of low and moderate income persons in the community through the World Changers Painting Program.  Labor for the painting is provided by World Changers free of charge.   The total of $76,000 for these new activities will come from residual CDBG funds previously allocated for the Adult Activity Center Facility Improvements.

Staff recommends Council approve $76,000 in allocation changes within the FY 2006-2010 CDBG Consolidated Plan and F Y2010 Action Plan, as presented.

 

H.   FINANCE (John Shelley)

 

Item 20 -        Monthly Financial Report

 

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

 

Item 21 -        Resolution No. 11-26 – Budget Appropriations

 

The attached resolution appropriates remaining 2006 Economic Development bond funds to fund a portion of the Eastport Entry Signage project.   The remainder of the project costs will be funded from contingency funds in the Eastport Tax Increment fund. Staff recommends approval.

I.      COMMUNITY DEVELOPMENT (Wayne Clark)

 

Item 22 -        First Reading – Ordinance No. 2011-11–Rezoning of 216 acres (portion of Woodhaven/Stanaki PUD) east of I-95, west of the Spruce Creek Preserve, south of Spruce Creek, Case no. 11-60000001

 

At its May 26, 2011 meeting, the Planning Commission recommend approval, 7-0, of the administrative request to rezone ±216 acres of a 225-acre property purchased by the City in 2007, lying east of I-95, west of the Spruce Creek Preserve, and south of Spruce Creek, from Planned Unit Development (PUD) (part of Woodhaven PUD, formerly Stanaki) to Government/Public Use (GPU).

Staff recommends Council to adopt Ordinance No. 2011-11, rezoning ±216 acres of a 225-acre property from Planned Unit Development (PUD) to Government/Public Use (GPU), consistent with the City’s Comprehensive Plan, and as recommended by the Planning Commission.

Item 23 -        Resolution No. 11-25 - 11-1 Large-Scale Comprehensive Plan Amendment/Case No. 11-20000002

On May 26, the Planning Commission recommended approval, 7-0, to transmit the first Large-Scale Comprehensive Plan Amendment Package for 2011 (11-1) to the required review agencies.

The proposed administrative amendment is to change the future land use of ±12.14 acres of land (13 parcels) located along Dunlawton Avenue, Herbert Street, and Nova Road. The proposed amendments are part of an on-going effort to apply the most effective land use to properties that better match existing uses and increase the likelihood of new investment in the amendment areas.

The properties located within the block between Dunlawton Avenue and Herbert Street, east of the FEC railroad, across from Port Orange Elementary, are developed with offices, a bank, and residential homes (Area 1). There are also two vacant lots located between the offices and the bank. Area 1 is proposed to go from Warehouse/Industrial, to Office/Residential Transition. The existing uses and potential future uses in this area are more consistent with the Office/Residential Transition designation.

The properties located along Nova Road are developed with light industrial uses and a game and recreation facility (Area 2). Area 2 is proposed to go from Office/Residential Transition to Warehouse/Industrial. The existing uses and potential future uses in this area are more consistent with the Warehouse/Industrial land use. The transportation network in Area 2 is also more conducive to warehouse/industrial use, the properties are separated from residential areas and are better screened from adjacent uses and the street

 

Item 24 -        Discussion relating to City Council Redistricting –Census 2010

 

The Districting Commission met on May 20th and 31st, 2011 to consider revisions to the City Council Districts based on the 2010 Census data. Staff prepared three initial example maps of boundary options intended to balance the population distribution while following natural boundary lines. After discussion and review of additional variations to the boundaries using interactive GIS software, the Commission developed a revised version of “Option 2” referenced as “Option 2 (Revised)” in the minutes and maps attached.

 

Based on the direction provided at the first meeting, two maps were brought back to the May 31st meeting for the Commission’s review – Option 2 (Revised) and Option 4b. Option 2 (Revised) was considered the most consistent with current Council District boundaries. Option 4b attempted to provide for the entire area west of I-95 being in one district. However, the population distribution under this scenario had a more unbalanced population spread than the other options.

 

The Commission ultimately recommended Option 2 (Revised), which is attached as, “2011 Proposed City Council Districts.”

 

Attachments:

 

City Manager Comments:  Each of you should have received a completed set of maps and a memorandum from me concerning the redistricting.  The Charter requires the report to be submitted to the City Council in Ordinance form.  Margaret is still working on the Ordinance.  If the recommendation is acceptable to the City Council, then the legal description will be prepared.  The Charter provides a deadline for submission of the Districting Commission report to the City Council.  The Districting Commission has met its Charter responsibilities.  Commission members have been informed that the report will be submitted to the City Council on Tuesday.

 

Item 25 -        Special Exception for an off-site parking lot in the “RD” Zoning District; Steve & Cheryl Woide, 5933 Ridgewood Avenue, Case no.: 11-70000004

 

The proposed off-site parking lot (5933 Ridgewood Ave.) is to provide additional parking for the Hidden Treasure Bar and Grill Restaurant, located at 5993 Ridgewood Avenue. The applicants state that the off-site parking would eliminate the need for restaurant patrons to park on the street in front of the homes along Bayshore Drive, since additional spaces would be available to serve patrons and employees of the restaurant.  Information regarding the conditions agreed to by the applicants at the Planning Commission meeting is provided on the attached staff report.

PLANNING COMMISSION ACTION: May 26, 2011    

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

Ř  Install a minimum 4’ opaque fence to close off the Magnolia Ave. driveway;

Ř  Access into and out of the site is limited to Ridgewood Ave.;

Ř  Install a minimum 4’ opaque fence and landscaping along the Magnolia Ave. property line;

Ř  Allow a portion of the existing monument sign to indicate that the property is off-site parking for Hidden Treasures Restaurant;

Ř  Parking lot lighting installed will be shielded to prevent light from shining onto the adjacent residential properties; and

Ř  The off-site parking lot can be used by the public if an illuminated pedestrian route is constructed between the off-site parking lot and the current parking lot for the Hidden Treasures Restaurant.

 

Staff recommends Council approve the request for a Special Exception for an off-site parking lot within the “RD” (Ridgewood Development) zoning district, as recommended by the Planning Commission.

J.    PARKS AND RECREATION (Susan Lovallo)

 

Item 26 -        Resolution No. 11-27- Approve five year renewal agreement with the City of Daytona Beach Leisure Services and the City of Ormond Beach Department of Leisure Services providing a special needs summer camp for the reciprocal use of Municipal recreation facilities and provision for Therapeutic Recreation Programs for Special Needs Children with Disabilities per Resolution No. 06-31 and Interlocal Agreement dated April 18, 2006

 

In 2006 the City Council approved Resolution 06-31 approving an Interlocal Agreement among the Cities of Daytona Beach, Ormond Beach, and Port Orange providing for the Reciprocal Use of Municipal Recreation Facilities and Provision for Therapeutic Recreation Programs for Special Needs Children with Disabilities and establishing a five year agreement.  We are asking the City Council to approve an additional five year renewal term of this contract. 

City Manager Comments: This joint effort has provided summer playground opportunities for children from Port Orange who might otherwise not have been able to participate in such a program.  The program has been well received.  This is an excellent example of intergovernmental cooperation and coordination. 

K.   PUBLIC UTILITIES (Roger Smith

 

Item 27 -        Resolution No. 11-28-Addendum to Interlocal Agreement between the City of Port Orange and Utilities Commission of New Smyrna Beach, Florida

 

The Utilities Commission of New Smyrna Beach, Florida has recently drafted and adopted this addendum to our existing agreement with them.  They have subsequently forwarded it to us and requested that we consider it for approval. The original agreement was originally adopted by our two organizations back in 2002.  Recently we have administratively carried out the construction of a new 8” reclaimed water interconnect at Pioneer Trail and Stone Hedge Lane at the southern tip of Waters Edge .  This new reclaimed water interconnect is in addition to the 12” potable water interconnect that was previously constructed back in approximately 2002. 

The attached addendum documents the recent administrative action which we have taken to possibly help supplement our future reclaimed water supplies during peak demand periods.   It is our hope that this reclaimed water interconnect will provide for an opportunity in the future for the New Smyrna Beach Utilities Commission to transfer to us surplus reclaimed water supplies when they are available when we have a beneficial use for it  or have storage capacity available.  Continued operations of both interconnects will be under mutual consent of both parties.

Staff requests Council’s approval of the Resolution and revised agreement at this time.  

L.    PUBLIC WORKS (Warren Pike)

 

Item 28 -        Appeal of the Evaluation Committee’s Determination of Non-compliance of Bid Specifications

 

(a)  Solid Waste Bid Protests

 

Republic is appealing the determination by the Evaluation Committee’s determination that they did not comply with the specifications.  When they submitted the first envelope they were found to have complied with those provisions.  Therefore, they were allowed to move forward to submit the price envelope.  There were two issues.  The first was submitting an alternative proposal for the base bid.  The second was including language in their price submittal related to additional negotiations related to providing the titles to the vehicles.  Although Republic’s price proposal was extremely good, the Committee felt that the failure to submit a proper bid on the base bid did not allow for proper comparison.  Although the company indicated that the 96 gallon carts would be provided to each resident, they were willing to provide service in accordance to the bid specifications.  That created concern about the number of units and the number of personnel that the company had allocated to the contract.  The bid specifications were extremely clear about carts.  Carts were an alternative but was not the base bid.  The second issue related to further negotiations related to the City holding the titles.  All of the other companies were compliant with this provision.  During the pre-bid this question was raised.  The answer given to those in attendance was very definite and clear about the City’s expectation. 

 

City Manager Comments:  Did the base bid with carts provide the bidder with an unfair advantage?  According to Republic, carts would cost them about $1 million.  However, the cost of the carts would be more than offset by personnel costs over the term of the contract.  The title issue is more complex.  All of the other vendors bids provided the titles to be held by the City.  Being able to negotiate substitute vehicles that were not to be used in the Port Orange contract could create an advantage.  Further, the penalty waiver that was included in their price response is a condition not allowed in the specifications. 

 

Item 29-         Award of Solid Waste Contract

 

Attached is the recommendation from the Committee related to the Solid Waste Contract.  The Committee rankings were:

 

Waste Pro

Veolia

Choice

 

If the City Council determines that Republic’s bid should be considered, then the City Council would need to rank them against the other vendors to determine which company will be awarded the solid waste contract.  In the evaluations, you will notice that the Committee has some differences in the price proposal.  One of the committee members did not provide allocated points to price.  One of the committee members allocated did not allocate any points to the 5, 7, 10 alternatives but rather allocated all the points to the base bid since it was the only one being considered by the Committee. 

 

Any of the companies can provide the service. 

 

On Thursday, the bid books were delivered to each of you.  The books that each company submitted are comprehensive.  They contain information that may be beneficial in your consideration.  This is extremely important decision since the contract term is five years with an option to extend the contracts for an additional five years should the City Council determine it to be in the City’s best interest.  The City had the same option clause in our current contract.  However, the City Council determined that it was in the best interest of the City to accept bids. 

 

M.   CITY MANAGER (Ken Parker)

 

Item 30 -        Discussion of Insulation and Monier tile for City Hall Roof

 

R and R Roofing has suggested the City look at adding insulation to the roof at City Hall before putting the roofing material back on.  The insulation value of the would be R-20.   The Architect, who designed the roof, questioned the value of the added insulation.  We have discussed the potential with FPL to see if the City qualified for any of their incentives.  If insulation is to be added, this is the right time since all of the roofing materials will be off the roof.

 

R and R Roofing has provided the City with a proposal to change the roof tile to an energy efficient Monier Tile.  Previously, the City has told R and R that the specifications called for replacement tiles to be new tile made by the same manufacture.  As I explained in the previous materials to you, I am concerned about the bidding process.  The Monier Tile is different from what the specs called for. None of the other bidders were provided with an opportunity to bid an alternative tile.  Literally, this would a change in specifications.  We do not know what the pricing would have been if Monier Tile had been acceptable at the time of the bid opening.   We do not know if it would have changed the bid order. 

 

N.   COUNCIL COMMENTS

 

Item 31 -        Comments/Concerns from Council Members

 

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

 

Item 32 -        City Council Committee Reports

 

At this time, Council Members may report on various committees to which they have been assigned.

 

 

 

 

KWP/ckr