Description: C:\Users\rfenwick\Documents\COMMENTARY\Commentary 9 20 11_files\image001.gif

 

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

                        September 20, 2011

 

Date:               September 14, 2011

 

 

  1. OPENING

 

Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call

 

This is the second and final public hearing for the FY11/12 Operating Budget.

 

B.   PUBLIC HEARING

 

Item 4 -           Discussion of Final Millage Rate and Operating Budget FY 11/12

 

At this time, Council will discuss the final millage rate and the proposed operating budget for FY11/12.

 

City Manager Comment:  All funds are in balance. The preliminary millage rate for the General Fund is 4.95 mills.  This was voted on by the City Council at the last Council Meeting.  This rate is below the roll back rate.  The entire budget is ready for adoption.

 

Item 5 -           Resolution No. 11-48 – Adopting the Final Millage Rate for FY11/12

 

The attached resolution will adopt the final millage rate for FY11/12.

 

City Manager Comment:  I am recommending that the millage rate of 4.95 mills be adopted for the fiscal year that begins on October 1, 2011.

 

Item 6 -           Resolution No. 11-49 – Adopting the Tentative Operating Budget for FY11/12

 

The attached resolution will adopt the final operating budget for FY11/12.

 

City Manager Comment: I am recommending the budget for the upcoming fiscal year be adopted.

 

Item 7 -           Resolution No. 11-50 – Adopting the Tentative Capital Budget for FY11/12

 

The attached resolution will adopt the final capital budget for FY11/12.

 

City Manager Comment: I am recommending the capital budget be adopted.

 

Item 8 -           Resolution No. 11-51 -      Adopting the Tentative Millage Rate for FY 11/12 for Town Center CRA Tax Increment District

 

The attached resolution will set the final millage rate for FY11/12 for the Town Center Community Redevelopment Agency.

 

City Manager Comment: I am recommending the millage rate for the Town Center CRA be adopted.  It is the same millage as approved for the City operations.  The City Council cannot reduce or increase the CRA millage above or below what has been approved by the City Council for the General Fund.  Therefore, it is recommended that the City’s CRA millage of 4.95 mills be approved for Town Center.

 

Item 9 -           Resolution No. 11-52 -      Adopting the Tentative Operating Budget for FY11/12 for Town Center CRA Tax Increment District

 

The attached resolution will set the final operating budget for FY11/12 for Town Center Community Redevelopment Agency.

 

City Manager Comment:  I am recommending approval of the Town Center CRA.  The CRA has reviewed and approved this budget.

 

Item 10 -        Resolution No. 11-53 – Adopting the Tentative Millage Rate for FY11/12 for Eastport CRA Tax Increment District

 

The attached resolution will adopt the final millage rate for FY11/12 for the Eastport Community Redevelopment Agency.

 

City Manager Comment: I am recommending the millage for the Eastport CRA be adopted.  It is the same millage as approved for the City operations.  The City Council cannot reduce or increase the CRA millage above or below what has been approved by the City Council for the General Fund.  Therefore, it is recommended that the City’s CRA millage of 4.95 mills be approved for Eastport.

 

Item 11 -        Resolution No. 11-54 – Adopting the Tentative Operating Budget for FY11/12 for Eastport CRA Tax Increment District

 

The attached resolution will adopt the final operating budget for FY11/12 for the Eastport community Redevelopment Agency.

 

City Manager Comment: I am recommending approval of the Eastport CRA as recommended by the Eastport CRA Board.

 

C.   SPECIAL RECOGNITION

 

Item 12-         Recognition Awards – Police Department Commendations

 

The police department would like to present commendations to selected citizens in Port Orange.

 

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

 

E.   BID PROTEST

 

Item 13 -        Appeal of the City Manager’s Determination – Bid Protest Non-Exclusive Franchises for Roll-off Containers Bid No. 11-20

On August 17, 2011 proposals were received for Non-Exclusive Franchises for Roll-off Containers No. 11-20.  Six proposals to provide this service were received.  Five were deemed to have met the requirement and therefore were recommended to the City Council. The sixth firm, Southeast Container Service, Inc. was deemed to be non-compliant because of his failure to submit the insurance certificates as required by the specifications.  The President, Ray Hodgins, stated in testimony that he had faxed the insurance information to the City on August 2, 2011.  Although Tom Cinefro, Purchasing Coordinator, did not receive it, a confirmation of the insurance certificate was send and received was provided.  Mr. Hodgins stated he had previously provided insurance certificates in this fashion to the City when submitting for the non-exclusive franchise. There is no debate that the insurance certificate was not included in the submission.  It is very clear that Southeast Container Service, Inc. carries the right amount of insurance. The City Council can determine that the failure to submit the insurance certificate in the proposal is an irregularity and waive the irregularity and allow Southeast Container Service, Inc. to operate a Non-Exclusive Franchise for Roll-off Containers.

 

City Manager Comments:  It is clear that Southeast Container Service, Inc. has the required insurance.  Although Mr. Cinefro did not receive the insurance certificate that was faxed to the City, the receipt is clear that Southeast Container sent the insurance certificate.  Mr. Hodgins testified that he had often faxed the insurance certificate to Bobbi Palmer in the past.  The City Council has the authority to waive this irregularity and allow Southeast Container to provide roll off services in Port Orange.

F.    CONSENT AGENDA

 

Item 14–        Approval of Minutes

 

a.    September 6, 2011 – Regular City Council Meeting

 

Attached are the City Council meeting minutes for the listed meetings.  Should you have questions, please feel free to contact Robin or me.

Item 15–        Staff Reports – Building Activity Report and Monthly Development Activity Report for July and August, 2011

 

Attached are the monthly reports from the Community Development Department.  Should you have questions, please feel free to contact Wayne Clark or me.

 

Item 16-         Award Bid #11-17 – Construction of Concrete Sidewalks and Curbs

 

Staff advertised and received four responsive bids for the Construction of Sidewalks and Curbs contract.  This contract provides for the construction and or repair of sidewalks, bike paths, curbing and ADA items on an “as needed” basis.  As shown on the bid tabulation attached, Kon-Struct Builders is low bid on four and five foot wide sidewalks; and Sparks Concrete is low bid vendor on eight foot wide sidewalks, curbing and ADA items.  Therefore, staff recommends the bid award be split between the two low bid vendors.  These contracts will be effective October 1, 2011 through September 30, 2012.  Both contracts can be renewed up to three (3) years, in annual increments, under the same prices, terms and conditions, if all parties are mutually agreeable.

Staff recommends approval award Bid #11-17, Construction of Concrete Sidewalks and Curbs, to both low bid vendors: Kon-Struct Builders for the four and five foot wide sidewalks; and Sparks Concrete for the eight foot wide sidewalks, curbing and ADA items.

Item 17 -        Award Bid #11-25 – Air Conditioning Units at City Hall

 

Staff advertised and received three responsive bids for the Air Conditioning Units at City Hall.  As shown on the bid tabulation sheet attached, R&R Industries Inc. is low bid vendor with a bid of $333,313.00.  Funding provided by energy grant monies and contingency fund.  Account #506420054395200, Project XFG009.

Staff recommends Bid #11-25, Air Conditioning Units at City Hall, be awarded to low bid vendor, R&R Industries, for a total cost not to exceed $333,313.00.

 

Item 18 –       Special Event Request – The Last Resort Bar, 5812 S. Ridgewood Ave., Port Orange RV, 5840 S. Ridgewood Ave.; Hunt for Cars, 5796 S. Ridgewood Ave.; Live Oak Mobile Home Park, 5786 S. Ridgewood Ave.

 

Mr. Al Bulling, owner of The Last Resort Bar, 5812 S. Ridgewood Avenue, and agent for Best Cars, 5816 S. Ridgewood Avenue,  Hunt for Cars, 5796 Ridgewood Avenue, and Live Oak Mobile Home Park at 5786 S. Ridgewood Avenue, requests approval of a Special Event to be held during Biketoberfest 2011. The proposed event is planned for a seven (7) day period from Monday, October 10, through Sunday, October 16, 2011. The proposed hours for the event are from 8:00 a.m. to 2:00 a.m., daily.  This will be the second Special Event for the Last Resort in 2011.  Mr. Bulling also requests a one (1) hour time extension for outside music on Friday and Saturday nights (October 14-15, 2011) of the event. This will be the second Special Event for the Last Resort Bar in 2011.

Staff recommends approval of the Special Event Request for The Last Resort Bar, 5812 S.  Ridgewood Avenue, Best Cars at 5816 S. Ridgewood Avenue, Hunt for Cars at 5796 S. Ridgewood Avenue, and Live Oak Mobile Home Park at 5786 S. Ridgewood Avenue, to waive the $250 surety bond, subject to twenty-six (26) conditions outlined in the attached staff report.

G.   FINANCE (John Shelley)

 

Item 19 –       Second Reading – Ordinance No. 2011-15 – Amendment to Code of Ordinances of the City of Port Orange, Florida Chapter 56, Section 29 to allow for the establishment of solid waste energy fee and solid waste landfill fee

 

On July 12, 2011 the City Council approved awarding the Solid Waste Bid to Veolia.  This bid required that contract fees be broken into two components, collection and fuel.  Also under the new contract the City will pay landfill fees directly to Volusia County.  The requested ordinance change will allow for three separate fees to be charged to solid waste customers, collection fee, energy fee, and landfill fee.  In addition the ordinance will provide a mechanism for changing the energy and landfill fees as actual costs change in these components.

Staff recommends approval of Ordinance No. 2011-15.

Item 20-         First Reading – Ordinance No. 2011-26 – Procedures for the Purchase of Real Property

 

The procedures provided in Section 2-274 have been drafted to comply with and to be consistent with state law requirements relating to real property purchases.  Certain documents are exempt from public records disclosure unless the city council votes otherwise.  Piggyback procedures are authorized when other agencies are involved in the funding of real property purchases and those agencies have appraisal requirements that are substantially the same as this ordinance. 

Staff recommends approval.

Item 21 -        Resolution No. 11-55 – Budget Appropriations

 

The City has received State revenue for Fire and Police retirement programs. Also, City Staff has completed an interim review for application and review fees as well as recreation fees. In addition, an interim review of Solid Waste Fund, Police Forfeiture Trust Fund and Police Education Trust Fund revenues and expenditures was completed. Also City Council approved a Water and Sewer debt repayment plan on March 15, 2011 and the City Council has reviewed and accepted the Cost Share Project with St. John’s River Water Management District on July 26, 2011. The attached budget resolution provides for the recognition of the budget changes recommended from these reviews.

Staff recommends approval of Resolution No. 11-55.

 

H.   COMMUNITY DEVELOPMENT (Wayne Clark)

 

Item 22 –       First Reading – Ordinance No. 2011-24 – 11-1 Large-Scale Comprehensive Plan Amendment Adoption/Case No. 11-20000002

 

On May 26, the Planning Commission recommended approval, 7-0, and on June 28, the City Council approved the transmittal of the first Large-Scale Comprehensive Plan Amendment Package for 2011 (11-1) to the required review agencies. The review process is complete and none of the agencies objected to the proposed future land use amendments.

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.

Staff recommends adopting Ordinance No. 2011-24, amending the City’s Comprehensive Plan for Case No. 11-20000002, and authorizing staff to send the adopted amendments to the required review agencies.

Item 23 -        First Reading – Ordinance No. 2011-25 – Administrative Rezoning/Garner, 4110 S. Nova Road, Case no.: 11-60000002

At its August 25, 2011 meeting, the Planning Commission recommended approval, 6-0 (Commissioner Booth excused), of the administrative request to rezone ±3.94 acres of property located at 4110 S. Nova Road from “CC” (Community Commercial) to “CI” (Commercial Industrial).

The Future Land Use (FLU) designation of the property is being administratively amended by the City to Warehouse/Industrial as part of the 11-1 Comprehensive Plan Amendment package. The FLU amendment will be considered for adoption by the City Council in September and is being coordinated with this rezoning. This FLU amendment was 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 subject property has historically been used for light industrial type uses. The previous FLU and non-conforming zoning category hindered reinvestment in the property. The proposed administrative rezoning to “CI” (Commercial Industrial) is consistent with the new FLU designation and will increase the likelihood of new investment.

Staff recommends adoption of Ordinance No. 2011-25, rezoning ±3.94 acres of property located at 4110 S. Nova Road from “CC” (Community Commercial) to “CI” (Commercial Industrial), consistent with the City’s Comprehensive Plan, and as recommended by the Planning Commission.

Item 24-         Resolution No. 11-46 – Supplemental Local Agency Program (LAP) Agreement for the Devon Street/Taylor Road Traffic Signal

The Florida Department of Transportation has authorized an extension of this project from its initial completion date in August of 2011 to February 28, 2012.  The project is substantially complete and staff does not anticipate the full extension will be needed to complete construction, billing and closeout.  This supplement also includes standard language regarding utilization of the Department of Homeland Security E-verify System as required by Governor Scott’s Executive Order.

Approve Resolution No. 11-46 and Supplemental LAP Agreement with the Florida Department of Transportation for the Devon Street/Taylor Road Traffic Signal FPN 424053-1-58-01 and authorize the Mayor and City Manager to sign the associated documents.

Item 25 -        2012 Critical Dates Calendars

PLANNING COMMISSION ACTION: August 25, 2011

 

Recommend adoption, 6-0 (Commissioner Booth excused), of the proposed 2012 Critical Dates Calendars. These calendars are structured identically to the calendars that were adopted in 2011. The only significant changes to the calendars occur during the months of November and December due to Holiday scheduling conflicts.

 

Staff recommends adoption of the 2012 Critical Dates Calendars, as recommended by the Planning Commission.

 

I.      PUBLIC SAFETY (Jerry Monahan)

 

Item 26 –       Second Reading – Ordinance No. 2011-13 – Residential Decal Parking Areas

 

An ordinance of the City of Port Orange Section 70-51 creating residential decal parking areas within the City of Port Orange.

 

Staff recommends approval.

 

Item 27 –       Second Reading – Ordinance No. 2011-14 – Mandatory Spay or Neuter Ordinance

 

The ordinance provides for the mandatory spay or neuter of cats and dogs over the age of six months belonging to persons residing in the City of Port Orange, unless the animal is qualified for an unaltered animal permit or is otherwise exempt.  The ordinance sets out the qualifying conditions for an unaltered animal permit, requires micro-chipping as a condition of obtaining an unaltered animal permit, and provides for enforcement, exemptions and penalties.

 

Staff recommends Council adopt Ordinance No.: 2011-14, providing for the Mandatory Spay or Neuter of cats and dogs belonging to persons residing in the City of Port Orange.

 

 

Item 28 -        Second Reading – Ordinance No. 2011-16 – Amending Sections 58-52(2), 58-51(9), and 58-55 relating to Firearms

 

Section 58-51(9) and (12) of the Code eliminates the non-profit designation from the definition of special event and removes the reference to firearms from the definition of “weapon” to bring this ordinance into compliance with Florida House Bill 45 which takes effect October 1, 2011.

Section 58-55 adds prior violations of Chapter 58, Article III to the review criteria for issuing a special event permit as follows:

(4)  The applicant has previously violated Chapter 58, Article III of the Code.

(5)  The property designated to hold the special event has previously been the site of a violation of Chapter 58, Article III of the Code.

Staff recommends approval of Ordinance No. 2011-16, amending Sections 58-52(2), 58-51(9) and 58-55 to comply with the provisions of Florida House Bill 45. 

 

Item 29 -    Second Reading – Ordinance No. 2011-17 – Amending Section 26-6(c)(1) relating to Firearms

 

Section 26-6.3(c)(1) of the Code will be amended as follows to comply with Florida House Bill 45 which takes effect October 1, 2011. 

(c)  During the existence of a state of emergency, the director has the power and authority to impose by executive order any or all of the following restrictions.

(1) Prohibit or regulate the purchase, sale, transfer or possession of explosives, combustibles, firearms, dangerous weapons of any kind, or alcoholic beverages;

Staff recommends approval of Ordinance No. 2011-17, amending Section 26-6.3(c)(1) to add citation to Florida Statutes providing authority for the prohibition of firearm sales during an emergency.

 

Item 30 -    Second Reading – Ordinance No. 2011-18 – Amending Section 46-4 relating to Firearms

Section 46-4 of the Code will be amended as follows to comply with Florida House Bill 45 which takes effect October 1, 2011.

The City of Port Orange hereby adopts F.S.§ 790.15 which makes it illegal for any person to knowingly discharge a firearm in any public place or on the right-of-way of any paved public road, highway, or street or whosoever knowingly discharges any firearm over the right-of-way of any paved public road, highway, or street or over any occupied premises.  However, this section does not apply to a person lawfully defending life or property or performing official duties requiring the discharge of a firearm or to a person discharging a firearm on public roads or properties expressly approved for hunting by the Fish and Wildlife Conservation Commission or Division of Forestry.

Staff recommends approval of Ordinance No. 2011-18, amending Section 46-4 to expressly adopt the provisions of Florida State Statute 790.15.

Item 31 -    Second Reading – Ordinance No. 2011-19 – Amending Section 18-196 relating to Firearms

Section 18-196 of the Code will be amended to remove the term firearms from the definition of secondhand property to comply with Florida House Bill 45 which takes effect October 1, 2011.

Section 18-197 of the Code will be amended to add a firearm exemption as follows:

(c) Dealers in secondhand or used firearms are exempt from the provisions of this article and must follow F.S. Chapter 538, Part I and F.S. 790.335.

Staff recommends approval of Ordinance No. 2011-19, amending Section 18-196 to comply with the provisions of Florida House Bill 45.

Item 32 – Second Reading – Ordinance No. 2011-20 - Repealing Chapter 38, Article III relating to Firearms

Section 38-51 contains procedure for the disposal of confiscated or abandoned firearms and may be interpreted as a regulation on firearms which is expressly preempted by State law.  The provisions of Florida House Bill 45 take effect on October 1, 2011.

Staff recommends approval of Ordinance No. 2011-20 repealing Chapter 38, Article III relating to the disposal of firearms to comply with the provisions of Florida House Bill 45. 

Item 33–        Special Event Request – Port Hole Lounge & Car Wash, 932 and 952 Herbert Street

 

We have received a Special event request from Bob Lowery, owner/operator of the Lounge, located at 932 and Carwash at 952 Herbert Street.  The proposed event is planned for a four (4) day period from Thursday, October 13, through Sunday, October 16, 2011.  The proposed hours for the event are from 10:00 a.m. until 12:00 Midnight, daily.  This will be the first Special Event for the Port Hole Lounge in 2011.

Staff recommends approval of the Special Event request for the Port Hole Lounge, 932 and 952 Herbert Street, and to waive the $250 surety bond, subject to twenty-six (26) conditions on the attached staff report.

City Manager Comment: Normally, Special Event Request are handled under consent agenda.  However, on Sunday night, September 11, 2011, an altercation occurred at the Port Hole that causes me a Public Safety concern.  A fight started inside the Port Hole and spilled outside the establishment into the parking lot.  An individual was stabbed.  Our initial report indicates that a biker group was involved in the altercation.  I am concerned about the congestion around the Port Hole.  Herbert Street immediately to the east of this location is residential.  Herbert Street west of this location is residential.  Jackson Street is residential.  Although the Port Hole is located in a commercial zone, the street that is used to access this location is residential in nature much of its length.  I have asked the Police Dept. to look at the number of calls the Police have responded to at the Port Hole since January.  I think this is the type of information you will need in determining whether to issue a Special Events permit to the Port Hole for Biketoberfest.

Item 34 -        Resolution No. 11-47 – Residential Parking Decal

 

A resolution establishing residential decal parking Zone 1 pursuant to Ordinance 2011-13.  Zone 1 will include a portion of East Bayshore Drive right-of-way and all of East Magnolia Avenue right-of-way.

Staff recommends approval of Resolution #11-47 establishing residential decal parking Zone 1.

Item 35 -        Fire and/or Rescue Service Mutual Aid with Volusia County

 

The Interlocal Agreement has been in effect since 1980. The last time it was updated was in 2006. The agreement provides for any agency to request mutual aid assistance from another agency, when their resources have been exhausted and/or to bring an emergency under control in a timely manner. This will extend the agreement until 2016.

Staff recommends approval of the Interlocal Agreement entered into by and between all fire rescue agencies in Volusia County, to provide mutual aid upon request of another agency in the County until 2016.

 

J.    PUBLIC WORKS (Warren Pike)

 

Item 36 -        Second Reading – Ordinance No. 2011-22 – Award Roll-Off Franchise Agreement (Bid #11-20)

 

Staff advertised and received five responsive submittals for the Non-Exclusive Franchise for Roll-Off Containers (Bid #11-20).  Under this agreement, vendors are allowed to contract container services with various organizations, firms or entities within 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 $85.00 plus $20.00 based on “per pick-up” of each container placed in service.  Each vendor must also provide roll-off containers for City use as specified in the ordinance.  The agreements will be effective October 1, 2011 through September 30, 2012.

Staff recommends approval of Ordinance No. 2011-22 granting a Non-Exclusive Franchise Agreement for Roll-Off Containers to Set Materials Inc., Veolia ES, Fence Services Inc., Samsula Waste Inc. and Waste Pro.

Item 37 -        Second Reading – Ordinance No. 2011-23 – Granting Exclusive Franchise for Collection and Disposal of Solid Waste, Yard Waste, and Recyclable Materials

 

The Ordinance grants an exclusive franchise to Veolia ES Solid Waste Southeast, Inc., for the collection and disposal of solid waste, yard waste, and recyclable materials within the City of Port Orange. Veolia, as Franchisee, has the necessary equipment, personnel, and experience to properly perform the work and has been awarded the contract pursuant to City Bid B11-08 and the proposal accepted by the City.

 

Staff recommends adoption of Ordinance No. 2011-23.

 

Item 38 -        Discussion only – Detour for Oak Lea Bridge Replacement

 

Staff has been working with South Daytona to plan a temporary connection to 5th Street while the Oak Lea Bridge is replaced. Work is scheduled to begin in October and will take approximately four months to complete. South Daytona will restore the area (detour) once work is done. Attached is a sketch of the temporary detour.

 

This is an informational item only.

 

K.   COUNCIL COMMENTS

 

Item 39 –       Comments/Concerns from Council Members

 

   L.  VEOLIA CONTRACT ITEMS

 

40. Update on Veolia Contract and Supplement and Potential Extension of the existing Veolia contract – NEW ITEM

 

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

 

 

KWP/rlf/ckr