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 27, 2011

 

Date:               September 20, 2011

 

 

 

  1. OPENING

 

Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call

 

B.   SPECIAL PRESENTATIONS, RECOGNITIONS, AND PROCLAMATIONS

 

Item 4 -           David Bubb, RCC Director

 

Dave Bubb has served as the RCC Director.  On September 29, the dispatch functions of RCC will be transferred to Volusia County.  The partner cities, South Daytona, Ponce In Let, New Smyrna Beach, Edgewater, and Port Orange, were the first in Volusia County to consolidate dispatch services into a regional model.  For the past 10 years, we have worked together to provide the highest quality service to Police, Fire, and to the residents of southeast Volusia County.  The cities gained efficiencies in a number of areas such as IT support for their Public Safety Agencies, Records Management for their Public Safety Agencies as well as dispatch itself.  Because of the fully integrated dispatch system, the participants have been able to create a true closest unit response model for Fire Service.  Rather than operating as a single entity, the residents of southeast Volusia benefited from having 13 response units with a variety of pieces of equipment to meet and address the needs of the citizens.  Because of the integrated dispatch, our Police Agencies were better able to coordinate and share information.  Because of the consolidated dispatch system and records management program, our public safety agencies were able to share valuable data and information. 

 

Through it all, Dave has provided excellent direction and leadership during his tenure as the Executive Director of RCC.  His experience and expertise have been valuable not only in the area of dispatch but in other areas of Public Safety. 

 

The entire team is to be commended for their dedication, hardwork, and support of the Public Safety mission of the cities located in Southeast Volusia County.   

 

This is an opportunity for the City Council to express appreciation to Dave personally but also to recognize the entire RCC team for a job well done.

 

Item 5 -           Local Business Spotlight by Port Orange/South Daytona Chamber of Commerce

 

The Port Orange-South Daytona Chamber of Commerce will present the featured business of the month, Dunkin’ Donuts.

 

C.   SPECIAL REPORTS

 

Item 6 -           Family Days Community Trust

 

The Port Orange Family Days Community Trust will be present to update City Council on Port Orange Family Days that begins on September 29th

 

Item 7 -           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.

 

City Manager Comments: During the Golf Board’s 4:30 p.m. meeting with KemperSports Management, we will be discussing their marketing plan as well as the financials.  The course did not meet its financial objectives for the month of August.  Year-to-date they are behind by $4307. 

 

D.   CITIZEN PARTICIPATION (Agenda)

 

Item 8 -           Sheila Rees – Take Stock in Children

 

Ms. Rees has asked to appear before the City Council in order to make a presentation. 

 

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

 

F.    CONSENT AGENDA

 

Item 9-            Project Managers’ Report

 

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

 

Item 10 -        Revalidation for “Piggy-back of Volusia County Price Agreement Bid #08-B-165DK Backflow Device Testing, and Certifications awarded to Aaron’s Backflow Services, Inc. and Validation of Purchase Order for FY2011-12

 

By their original action on October 28, 2008, City Council approved the means to “piggy-back” Volusia County Price Agreement Bid #08-B-165KW for Backflow Device Testing and Certifications, awarded to Aaron’s Backflow Services, Inc. 

 

Per FAC 62-555.360, the City is required to maintain a cross connection program.  The program includes annual testing and inspection of all backflow prevention (BFP) devices.  BFP’s are typically installed immediately after the meter on potable water services.  Their purpose is to protect the city’s drinking water system from potentially being contaminated by pollutants that may be injected into the drinking water plumbing after the point of connection to the city system. City policies place the responsibility of testing and maintaining BFP’s on the owner of the backflow device.  In the case of commercial and multi-family developments, the parcel owner must provide the required annual testing.  However, the City itself bears this responsibility for residential connections.

 

The current County 5 year price agreement remains in effect through September 30, 2013. Aaron’s Backflow Services, Inc. has agreed to perform the same services for the City of Port Orange and honor all prices and terms of the price agreement through September 30, 2013. 

The Public Utilities Department respectfully requests City Council approval to revalidate the “piggyback price agreement”, and validate the purchase order issued to Aaron’s Backflow Services, Inc. in the amount of $127,300.  Funds have been budgeted in FY2011-12 under Professional Services account 40108005363113 specifically for this purpose.  Contingent upon approval of FY2011/12 Budget.

 

Staff recommends approval to “piggyback” Volusia County, Florida Price Agreement Bid #08-B-165KW Backflow Device Testing and Certifications awarded to Aaron’s Backflow Services, Inc, and Validate Issuance of Purchase Order in the amount of $127,300.  

 

Item 11 -        Approval to Piggyback State Contract to Purchase Tires for Fleet Vehicles

 

Each year, staff requests approval to piggyback the State contract in order to purchase tires for fleet vehicles at the lowest price possible.  Staff requests approval to piggyback State contract #863-000-10-1 to purchase tires through approved vendors, McGee Tires Stores Inc. and Boulevard Tire Center.  Funding available after FY11-12 Budget approval.

 

Staff recommends approval to piggyback State contract #863-000-10-1 in order to purchase tires at the lowest price available.

 

Item 12 -        Approval to Piggyback City of Jacksonville’s Contract with USA Services of Florida, Inc. for Street Sweeping Services

 

Our street sweeping contract with USA Services of Florida Inc. expires September 30th.  USA Services is willing to allow us to piggyback their new contract with the City of Jacksonville which has a contract cost of $28.70 per curb mile, which is lower than the current contract rate of $30.48 per curb mile.  The Sweep Master sheet attached provides a breakdown of the streets under contract, length in miles and sweep frequency.  As shown, total annual cost will not exceed $99,594.45.    Funds are available in Account #41061005343414, pending approval of operating budget on 9/20/11.

 

Staff recommends approval to piggyback the City of Jacksonville’s contract with USA Services Inc. for street sweeping services for a total annual cost not to exceed $99,594.45.

 

Item 13 -        Fuel Purchases- Contract Extension, Volusia County Bid #09-B-30VO

 

Two years ago, the County of Volusia issued a cooperative bid for fuel acquisitions and Port Orange was one of the entities that participated in the bid (#09-B-30VO).  The bid had four (4) one year renewal extensions and the County has approved another extension.  Staff requests approval to continue to purchase fuel through participating vendors, Mansfield Oil, Glover Oil and Watkins Oil. 

 

Staff recommends approval purchase fuel from vendors participating in Volusia County’s cooperative bid #09-B-30VO.

 

Item 14 -        Cooperative Economic Development Agreement with Team Volusia Economic Development Corporation

 

Team Volusia Economic Development Council (TVEDC) serves as a countywide public-private economic development agency.  TVEDC hired Helen Cauthen as its full-time director this past year and is focusing on recruiting new businesses and fostering the expansion of existing businesses within the City of Port Orange and Volusia County.  They will promote the City through a variety of means including a new GIS-based economic development website promoting available sites and information.  The City is listed on the site and can link directly to it.  They also provide representation and trade and industry events on behalf of their partners.

 

The TVEDC will coordinate with City staff as well as the Volusia County Department of Economic Development and the annual contract amount of $28,024 ensures the City Manager a seat on the Executive Board.  Funding for public agencies is based upon $0.50 per capita and all public funds will be separately accounted for.

 

Funds are budgeted in Business Development Account 626-1900-515-81-19, pending approval of the FY2012 budget.

 

Staff recommends approval of a cooperative economic development agreement with Team Volusia Economic Development Corporation in the amount of $28,024 and authorize the Mayor and City Manager to execute all applicable documents.

 

Item 15 -        Validation of Sole Source Vendors for Standardization Purposes

 

Public Utilities infrastructure consists of a very elaborate and complex system of pumps, motors, generators, and other equipment necessary to operate and monitor the city’s wells, remote pumping stations, and lift stations as well as our water treatment and sewer/reclaim plant facilities.  In accordance with City policy and procedures, the department implements competitive bid and purchasing practices whenever possible.

In some instances, however, it is neither possible nor practical to obtain competitive quotes due to the specialized nature of certain equipment and services.  When these circumstances occur, it is often due to the fact that specific parts, materials, and accessories must be purchased from either the original manufacturer or an authorized distributor.  Equipment standardization is another very important consideration.  For example, the City operates more than 120 lift stations.  It is simply not practical nor is it feasible for in-house mechanics and operators to be trained and skilled in the repair and preventative maintenance of multiple brands and models of pumps and motors. 

Few vendors are utilized on an annual basis for specific products and services that exceed $25,000. Staff recommends the waiver of bid procedures and validation of the following vendors as a sole source for standardization purposes.

 

 

Staff recommends approval to waive bid procedures and validate Barney’s Pumps, Data Flow Systems, Diamond Quest, ITT Water and Wastewater, and Sanders Company as Sole Source Vendors for standardization purposes.  

 

Item 16 -        Agreement with Port Orange/South Daytona Chamber of Commerce

 

The Port Orange/South Daytona Chamber of Commerce works with the City to provide business development support and activities throughout the year.  They conduct workshops and business visitations as well as provide technical assistance to the City on a variety of issues that impact the local business community.  They promote the City and provide information to new prospects, residents and business owners.

 

The Chamber provides quarterly reports to the City Council and provides opportunities for Council Members and City staff to interact with the business community.

 

Staff recommends approval of an agreement with the Port Orange/South Daytona Chamber of Commerce for business development activities in the amount of $19,000 and to authorize the Mayor and City Manager to execute all applicable documents.

 

Item 17 -        U.S. 1 & Dunlawton Median Landscaping Refurbishment FDOT Landscape Discretionary Grant Opportunity

 

Recognizing the important contribution roadway corridors make to the image and economic health of the community, the City Council has placed a high priority on restoring the appearance of the medians within the City’s major thoroughfares.  On June 7, 2011, staff presented the City Council with a multi-phase plan for the refurbishment of the Dunlawton Avenue and U.S. 1 medians. 

 

As directed by the City Council, staff has continued its work to identify opportunities to implement median enhancements.  Through a successful grant request, $198,000 has been earmarked by FDOT for median enhancements along U.S. 1 & Dunlawton Avenue in the Town Center CRA.  These median enhancements have already been designed and permitted through FDOT, making this project essentially “shovel ready”.

 

A City commitment of approximately $220,420 is needed in addition to the FDOT funds to implement these improvements.  Gasoline Tax funds have been identified as a source for these maintenance activities. Please reference attached memorandum for additional detail.

 

Staff recommends acceptance of the FDOT Landscape Discretionary Grants for the Town Center Median Project; to utilize Gasoline Tax Funds for the City’s share of expenses, and to authorize the Mayor and City Manager to execute the Joint Participation Agreement with FDOT for this project.

 

G.   TABLED ITEMS

 

Item 18-         Second Reading – Ordinance No. 2011-14 – Mandatory Spay or Neuter Ordinance (TABLED FROM SEPT. 20, 2011)

 

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.

 

H.   REPORT FROM ADVISORY BOARD

 

Item 19-         Citizen Advisory Committee for TPO

 

Bobby Ball will attend to bring you up to date on the activities of the Citizen Advisory Committee for the Transportation Planning Organization.

 

I.      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 -     First Reading – Ordinance No 2011-28 – Authorization of the issuance of not to exceed $3,050,000 Stormwater Utility Refunding Revenue Bonds, and not to exceed $40,350,000 Water and Sewer Refunding Revenue Bonds to Refund City’s Outstanding Stormwater Utility Revenue Note, Series 2008, Water and Sewer Refunding Revenue Bonds, Series 2003, and certain Water and Sewer State Revolving Fund Loans, Providing for Payment of Such Refunding Bonds from the Funds Pledged to the Payment of the Refunded Debt

 

During the City’s evaluation of outstanding debt it was determined to be desirable to provide for the refunding of certain outstanding Debt pertaining to the following:

 

Some of all of the Stormwater Utility Revenue Note, Series 2008, some or all of the outstanding Water and Sewer Refunding Revenue Bonds, Series 2003, and some of the State Revolving Funds Loans (collectively, the “Refunded Debt”) in order to reduce debt service on the City’s outstanding debt, including the debt service on the Refunded Debt.

It is also necessary and desirable to provide for the issuance of not exceeding $3,050,000 Stormwater Utility Refunding Revenue Bonds, Series [to be designated] and not exceeding $40,350,000 Water and Sewer Refunding Revenue Bonds, Series [to be designated] collectively, the “Refunding Bonds” of the City to refund the Refunded Debt.

 

The attached Ordinance authorizes this transaction. 

 

Staff recommends approval of Ordinance No. 2011-28.

 

Second Reading: October 18, 2011.

 

City Manager Comments: Our Code of Ordinances requires the City Council to enact an Ordinance prior to the issuance or refunding of bonds.  In recent days, our Financial Advisor, Toby Wagner, has identified potential bonds and State Refunding Fund loans that maybe candidates for refunding.  Interest rates are at historic low levels which may allow the City to lower its cost and/or shorten its term of the debt.  I have asked Toby to provide us with interest rate sensitivity computer runs in order to provide with an indication of the potential savings that could be achieved if refunding were accomplished.  If the City Council agrees to move forward, I will be recommending to the City Council competitive bids be received for the refunding of the bonds.  Not all the bonds or outstanding loans maybe a candidate to refund at this time.  By enacting the Ordinance, the City is positioned to take advantage of the market condition,  If it does not produce the savings the City Council believes to be in the best interest of the tax and ratepayers, then the bonds don’t have to be issued. 

 

J.    COMMUNITY DEVELOPMENT (Wayne Clark)

 

Item 22 –    First Reading – Ordinance No. 2011-27 – Land Development Code Amendments/Miscellaneous Revisions and Improvements, 11-25000003

 

At the June 23, 2011 Planning Commission Meeting, the Planning Commission recommended approval (6-0) of the proposed amendments intended to improve the content of the existing code, as part of an ongoing code maintenance effort.

 

The amendments to the code are classified under two categories: 1) omissions, clarifications and minor changes and 2) code improvements. The first category consists of omissions and clarifications that are clean-up items that make the code more efficient to use but do not change the content. The code improvements sections includes changes to the content of the existing code that are intended to address problems or issues encountered when applying the code to actual developments.  Please see the attached staff report for more information.

 

Staff recommends approval of Ordinance No. 2011-27, adopting the proposed amendments to Chapters 2, 5, 6, 9, & 10-17 of the LDC, regarding miscellaneous revisions and improvements to the code.

 

City Manager Comments: There are other amendments coming forward to the City Council in the future.  One that has been discussed that is before the Planning Commission is the elimination of the compact parking spaces.  That amendment should be ready for City Council discussion either in October or November.

 

Second Reading: October 18, 2011.

 

Item 23 -        Floodplain Management Report

 

The attached annual Floodplain Management Report is provided to Council in accordance with the requirements of the National Flood Insurance Program’s Community Rating System. This report provides a review of each action item in the plan, the repetitive loss properties identified in 2011, drainage improvements and activities during the past year, a summary of how the public can obtain a copy of the original plan and public outreach completed since the last report submitted in October 2009. (Information only:  No motion is required.)

 

K.   PUBLIC SAFETY (Jerry Monahan)

 

Item 24 -    Resolution No. 11-56 – Traffic Enforcement Agreement with Sabal Creek Homeowner’s Association, Inc.

 

The Traffic Enforcement Agreement between the City of Port Orange and the Sabal Creek Homeowners Association, Inc. expired on September 30, 2010.  Sabal Creek Homeowners Association, Inc. is requesting to renew the agreement for a period of seven (7) years.  The agreement will expire on September 30, 2018.

 

Staff recommends approval of Resolution No. 11-56 authorizing approval of a seven (7) year extension of the Traffic Enforcement Agreement with the Sabal Creek Homeowners Association, Inc.

 

L.    PUBLIC WORKS (Warren Pike)

 

Item 25 -     Second Reading – Ordinance No. 2011-23 – Granting Exclusive Franchise for Collection and Disposal of Solid Waste, Yard Waste, and Recyclable Materials (CONTINUED FROM SEPT. 20, 2011)

 

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.

 

City Manager Comments:  The City continues to work with Veolia to finalize the agreement.  If we are not completed with contract negotiations by Tuesday night, the City Attorney and I will be bringing forward an extension of the existing contract at the prices that were included in the Veolia bid. 

 

Item 26 –   First Reading – Ordinance No. 2011-30 – Award Roll-Off Franchise Agreement with Southeast Container Service, Inc. (Bid #11-20)

 

AGENDA MATERIALS WILL BE PROVIDED AS SOON AS THEY ARE AVAILABLE

 

The City Council approved the waiver of the bid irregularity and allowed Southeast Container Services, Inc. to provide roll off containers within the City of Port Orange. 

 

 

Item 27 -    Approval of the Third Amendment to Solid Waste Collection Contract with Veolia ES Solid Waste Southeast, Inc.,

 

AGENDA MATERIALS WILL BE PROVIDED AS SOON AS THEY ARE AVAILABLE

 

In order to complete the contract agreement with Veolia, it is necessary to extend the contract for collection services.  The new rates will go into effect on October 1.  Veolia has indicated that they are in agreement with extending the contract using the new pricing.  Margaret and I are recommending a 30 day extension.

 

M.   CITY MANAGER (Ken Parker)

 

Item 28 -    Resolution No. 11-27 – Volusia ECHO Grant (Phase 2 All Children’s Park Playground Equipment)

 

The City seeks funding assistance from the Volusia ECHO Grant program to construct the second phase of the playground equipment at All Children’s Park. 

 

The City requests $125,000.00 (50%) from the ECHO program and the City will provide a 50% match of $125,000.00 ($100,000 cash & $25,000 in-kind land value).

 

Staff recommends approval of Resolution 11 -27 authorizing the City Manager to submit a Volusia ECHO Grant application to construct Phase 2 Playground Improvements at the All Children’s Park.  In addition, authorize the Mayor and City Manager to execute any agreements or contracts and provide a match.

 

City Manager Comments:  As you know, Volusia ECHO suspended applications last year in order to review the program and to make adjustments to the program.  The City had plans to apply for funding the second and final phase of the playground at All Children’s Park.  The final phase of the project will be fully ADA compliant and will add additional playground elements to this popular City Park.

 

Item 29 -    Discussion – Volusia ECHO Acquisition Grant (Acquisition of the Sweetwater’s Property 3633 Halifax Drive and land south of Sweetwater’s)

 

Revisions to the Volusia ECHO grant program include the purchase of property on waterways.  Attached is information on the program’s purpose and the selection criteria. Water acquisition applications must be post marked on or before December 31, 2011.

 

The City seeks to apply for funding assistance from the Volusia ECHO Water Acquisition Grant program to acquire the Sweetwater’s Property, 3633 Halifax Drive and the land south of Sweetwater’s (see attached map).

 

The 2009 Town Center Riverwalk Master Plan details the uses of the Sweetwater’s property as civic green, public water access, and the Riverwalk Boardwalk.  The boardwalk serves as a walking trail on the Port Orange Pathway (POP!), and is part of the East Coast Greenway Trail that runs from Maine to Key West, Florida.

 

Staff recommends authorizing the City Manager to submit a Volusia ECHO Water Acquisition Grant application to acquire the Sweetwater’s Property on Halifax Drive and the land south of the point. 

 

City Manager Comments: The owner of the old Sweetwater Property has indicated a willingness to sell the property.  When the County Council revised the ECHO program, they added an element the purchase of Waterfront property.  This is the first year with this category in the ECHO program.  In the past, there has been interest in either trading for or acquiring the property.  The City will attempt to use land that it has already acquired as the local match for the old Sweetwater property.  Does the City Council desire to apply for the grant?  The City Council can always decide to withdraw the grant proposal or not accept the grant if it is awarded.   Appraisals would have to be completed to determine land value.  Although the property owner has indicated a willingness to sell the property, they may not accept the appraised value. 

 

Item 30 -        Discussion – Volusia ECHO Acquisition Grant (Acquisition of the riverside property east of 3900 Halifax Drive)

 

Revisions to the Volusia ECHO grant program include the purchase of property on waterways.  Attached is information on the program’s purpose and the selection criteria.

 

Water acquisition applications must be post marked on or before December 31, 2011.

 

The City seeks to acquire the riverside property east of Halifax Drive and riparian rights with funding assistance from the Volusia ECHO Water Acquisition Grant program. The land is located across the street from the Hughes House, 3900 Halifax Drive.  A map is attached.

 

Land uses include public water access and a portion of the Riverwalk Boardwalk as cited in the 2009 Town Center Riverwalk Master Plan.  The boardwalk serves as a walking trail on the Port Orange Pathway (POP!), and is part of the East Coast Greenway Trail that runs from Maine to Key West, Florida.  The purchase price is $91,600.

 

Staff recommends authorizing the City Manager to submit a Volusia ECHO Water Acquisition Grant application to acquire the property east of 3900 Halifax Drive and the riparian rights.  

 

City Manager Comment: When the Hughes property was acquired by a private developer, the City obtained an option right to acquire the portion of Hughes property located east of Halifax Drive.  In fact, this is the only riverfront section between Dunlawton Avenue and the City’s Adult Center that is not owned by the City of Port Orange.  The option price was established at the time of the acquisition.  Does the City Council desire to apply for the grant to acquire the property?  Because of what land values have done in recent years, the actual value of the land today is probably less than it was when the option was included in the transaction. 

 

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/rlf