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

                        October 18, 2011

 

Date:               October 11, 2011

 

 

 

  1. OPENING

 

Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call

 

B.   SPECIAL AWARDS, PROCLAMATIONS, REPORTS, RECOGNITIONS, SPEAKERS

 

Item 4 -           Mark LaRose, Florida Hospital – Sharing economic impact of Florida Hospital

 

Mark LaRose from Florida Hospital has requested to appear before the City Council to discuss the economic impact of Florida Hospital.

 

C.   BOARD APPOINTMENTS AND INTERVIEWS

 

Item 5 -           Board Appointments

 

a.    Youth Advisory Board

 

An appointment to the Youth Advisory Board needs to be made.

 

D.   TOWN CENTER CRA MEETING

 

This is the regular quarterly meeting of the Town Center Community Redevelopment Agency Board.  On Tuesday, October 11, the Agency Board met to discuss Riverwalk.  The Agency Board provided direction.  The staff was instructed to bring back time frames and other data needed to move forward.  The staff will be making a presentation on Tuesday evening related to the time line and presenting of policy issues.  As was stated on Tuesday evening, the CRA Plan drives the Comprehensive Plan and the Zoning.  Also, the Plan will dictate infra-structure sizing and location.  We are evaluating certain items right now.  We are looking at Utility corridors and what is in existing utility corridors and whether those lines are adequate for the future. 

 

You may want to schedule a special CRA meeting to discuss the items more fully since there are a number of policy issues that will have to be considered by the CRA before the final plan can be developed and presented. 

 

E.   EASTPORT CRA MEETING

 

This is the quarterly meeting of the Eastport CRA.

 

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

 

G.   CONSENT AGENDA

 

Item 6 -           Approval of Minutes

 

a.    September 27, 2011 –Regular City Council Meeting

b.    October 4, 2011 – Regular City Council Meeting

 

Attached are the City Council meeting minutes from the meeting held on Tuesday, September 27, 2011 and Tuesday, October 4, 2011. Should you have questions, please feel free to contact Robin or me.

 

Item 7 -           Staff Reports

 

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

 

Item 8 -           Waiver of Bid Procedure and Award of Contract for Biological and Hydrological Monitoring in Central Wellfield to Biological Consulting 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 and wetland mitigation banking, the firm of Biological Consulting Services (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 as required for regulatory compliance.  BCS has also assisted in negotiation of regulatory agency permit conditions and subsequent revisions thereafter.  For only the second time ever, the BCS proposal for services to Public Utilities in FY12 exceeds the City’s own self-imposed $25,000 bid threshold.              For the fiscal year immediately at hand, contracting with BCS maintains the consistency and integrity of the data collection in the field, and the subsequent analyses. It also ensures that the eventual data submittal to the regulatory agencies is consistent with previous submittals.  Ultimately, because of BCS’s unique hands-on history in the development of these lands, having BCS continue to perform these services provides confidence that the City will continue to comply with all regulatory permit requirements associated with water production, reclaimed water recharge and storage, and the wetland mitigation bank.  Thus, the Public Utilities Department recommends waiving bidding procedures and awarding a purchase order to BCS in the amount of $25,950.  Funding for these services is budgeted in 401-0900-536-3113. In addition, it should be noted that the Assistant City Manager oversees both Forestry Management and the Wetland Mitigation Bank.  As a result, the City Manager’s office will be submitting a separate Purchase Order to BCS for monitoring work associated strictly with the regulatory requirements required under the Wetland Mitigation Bank permit. The approximate cost for these services is slightly under $9,000.  Funding is budgeted in 416 Forestry and 420 Wetland Mitigation. Finally, it should be noted that the Assistant City Manager with the concurrence of the Public Utilities Department, recommend that a continuing contract for these types of services be bid in CY2012, and would be applicable with the FY13 budget.  This would facilitate compliance with the purchasing ordinance by competitively bidding the services.

 

Staff recommends approval of the bid waiver and award of the contract for biological and hydrological monitoring services for the Central Wellfield to Biological Consulting Services.

 

Item 9 -           HTE Annual Software & Technical Support Maintenance Agreement

 

This is the annual software and technical support maintenance agreement we purchase from HTE so that we can continue to receive their support and any new enhancements they may make to our eleven (11) AS/400 software applications.  Each application is budgeted in account 501-0700-590-46-36.

HTE’s billing cycle varies for each application throughout the fiscal year and exceeds the $25,000 authority limit.  The Agreement supports the current City and archived Public Safety system operations.

For further information contact Tony Marino, Director Information Technology.

Staff recommends approval.

Item 10 -        IBM Annual Maintenance Agreements

 

Information Technology purchases an annual hardware and software maintenance contract from IBM with additional discounts below Florida State contract pricing. Maintenance on the equipment is billed annually

and due October beginning each fiscal year. Hardware maintenance and upgrades are on the IBM equipment such as both AS/400’s, peripheral devices and PC’s. The on-site maintenance provides for IBM to repair the equipment at our location and saves us time by not having to locate vendors to fix machines when needed. The software maintenance is used to correct AS/400 operating procedures and helps us when programs fail.

The amount due is $32,000 and has been allocated in account #501-0700-590-46-10

For further information contact Tony Marino, Director Information Technology.

 

Staff recommends approval.

 

Item 11 -        Annual Contracts – Piggyback State and County Bid Purchases

 

Each year Information Systems will purchase items that exceed $7500.00 in value and we must bring them before Council for approval.  The commentary attached shows a list of these items, by contract number, description and expiration.  As in the past, we purchase these by using State and County bid contracts and this gives us the advantage of volume purchasing and results in lower costs.

 

Staff recommends Council approve the use of State and County bids in order to purchase items that will exceed $7500.00 within the year, allowing us to purchase these items at a lower cost.

.Item 12 -       City Hall Access Control

 

Currently the City owns and operates a SimplexGrinnell access control system that provides coverage for the Police Department utilizing the City’s network to communicate with the main control system housed at Police headquarters.   This request is for expansion of the existing system to City Hall. Current City policy requires that all access doors be re-keyed upon the termination of an employee which occurs quite frequently and incurs a locksmith bill for each lock. This will eliminate those costs and also give us better security and door access logging functions in a unified system. This system will integrate with the current Police building system. Funds for this project in the amount of $55,000.00 are reserved in Account number 505-1000-580-64-15 ZMI034.

For further information contact Tony Marino, Director Information Technology.

Staff recommends approval.

 

City Manager Comments: Funds to upgrade the security for City Hall was budgeted.  As you know, we have installed cameras on all entrances at City Hall as part of the overall security plan.  Currently, the City has key pads.  Each time an employee leaves who has access to certain areas the key pad must be changed.  The key pad system does not allow the City to record who has entered the building when the building is not opened to the public nor does it allow the City to record who has entered a controlled access area at City Hall.  This is especially useful for emergency purposes when we are accounting for people when City Hall is evacuated.  With the installation of the system, the City will be able to restrict access to certain areas for certain employees.  Also, it will avoid the City having to re-key areas and to change the codes on the doors.  Ultimately, the City is moving to a one card system that can be used for a number of items, including fueling, admittance to the EOC, and other City buildings and facilities.  The reason that we are recommending this company is because this is the system that is already in place at the Police Headquarters Building.  It is much easier for us to standardize on one system for maintenance and operational purposes.

 

Item 13 -        Port Orange Landings Phase 2 Subdivision – Assignment of the Subdivision Improvement Agreement; Second Amendment to the Subdivision Improvement Agreement; Assignment of the Concurrency and Fair Share Agreement; Stormwater Drainage, Maintenance and Access Easement; Approval of the License Agreement; and Release of Easement Adjoining Phase 1 – Case no.: 05-50000010

 

The Port Orange Landings Phase 2 Subdivision was approved by the City Council on March 21, 2006.  Since that time, the property has been sold three (3) times:  first by the original developers, Port Orange Landings, LLC, to Centerline Homes at Port Orange Landings, LLC; second by Centerline Homes at Port Orange Landings, LLC to HBI Development Company, Inc.; and third by HBI Development Company, Inc. to Holiday Builders, Inc.  Because these sales have occurred before recordation of the plat, it is now necessary to transfer the legal development obligations to the new owner before the plat can be recorded.

The Stormwater Drainage, Maintenance and Access Easement provides for the operation, maintenance and repair of the Stormwater Management System over Tract F located within Port Orange Landings Phase 1, for the benefit of current and future residents of Port Orange Landings, Phase 1 and Phase 2.  The License Agreement will allow installation of landscape and hardscape features within roadway medians in the right of way.  The Release of Easement pertains to a Stormwater, Drainage, Roadway, Construction, Repair, Maintenance, Access and Utility Easement previously recorded by separate instrument.  The easement was to allow construction of temporary cul-de-sacs on the Phase 2 property at the terminus of roads in Phase 1.  With the construction of Phase 2, the roads will be extended and the cul-de-sacs will not be needed.  The easement may therefore be released, conditioned upon recording of the plat.

Staff is recommending that the Second Amendment to the Subdivision Improvement Agreement, the Assignment of the Subdivision Improvement Agreement, the Assignment of the Concurrency and Fair Share Agreement, the Stormwater Drainage, Maintenance and Access Easement, the License Agreement, and the Release of Easement for Port Orange Landings Phase 2 Subdivision be approved by City Council.

Item 14 -        Change Order #1 to Contract with McMahan Construction for Clarifiers Modifications and Improvements Project – Safety Enhancement

 

In March 2011, the City publicly advertised to refurbish two of the existing four clarifiers utilized at the Reclaimed Water Plant.  Each clarifier treats 3 million gallons per day of sanitary sewage.  With flows averaging nearly 6 mgd, it is essential to keep a minimum of three units in proper working order.  Regretfully, budgetary constraints prevented the project from including all four units in the initial bid.  However, the deteriorating condition of the clarifiers and the essential need to ensure that at least three units remain operable necessitated that construction proceed.  Thus, on May 3, 2011, Council awarded a competitively bid project to McMahan construction to refurbish two of the existing four clarifiers.  The clarifiers are accessed by staff multiple times daily, and the FDEP-approved operating protocol requires bi-weekly cleaning of these units.  Proper cleaning requires a team of workers to access a circular trough which essentially floats on top of a 30-foot deep/50-foot diameter tank filled with wastewater. Obviously, it is desirable to make access to and from the clarifiers as safe as possible.  Therefore, in order to address this need, the original project bid included the addition of perimeter concrete catwalks, handrails, and grating significantly improving the safety of this confined space on two clarifiers. With the commencement of FY12, we now have adequate funding earmarked to refurbish the remaining two clarifiers, making all four units equally safe for staff.  McMahan has agreed to perform the additional work and honor the unit prices contained within their original schedule of values.  Where necessary to address site-specific conditions, the McMahan proposal includes additional ancillary stairs, railings, grating, and painting provided in accordance with the schedule of values, and as determined to be fair and consistent with current industry standards. Funds are available in Sewer Plant Replacement Project #SSP002. In addition, the change order includes a time extension to complete the additional work.

 

Staff recommends approval of Change Order #1 to Clarifier Modifications and Improvement Projects, under an existing contract with McMahan Construction, for the additional amount of $200,280, making the new contract amount  $902,280, and to authorize the Mayor and City Manager to execute the associated contract documents, as necessary.

 

Item 15 -        Change Order #1 to Existing Purchase Order with Quentin L. Hampton Associates for Construction Supervision and Inspection Services associated with Clarifier Modifications and Improvements Project – Safety Enhancement

 

In March 2011, the City publicly advertised to refurbish two of the existing four clarifiers utilized at the Reclaimed Water Plant.  Budgetary constraints prevented the project from including all four units in the initial bid.  However, the deteriorating condition of the clarifiers and the essential need to ensure that at least three units remain operable necessitated that construction proceed.  Thus, on May 3, 2011, Council awarded a competitively bid project to McMahan construction to refurbish two of the existing four clarifiers.  Additionally, Quentin L. Hampton Associates was authorized to provide construction phase engineering and inspection services.  The clarifiers are accessed by staff multiple times daily, and the FDEP-approved operating protocol requires bi-weekly cleaning of these units.  Proper cleaning requires a team of workers to access a circular trough which essentially floats on top of a 30-foot deep/50-foot diameter tank filled with wastewater. Obviously, it is desirable to make access to and from the clarifiers as safe as possible.  Therefore, in order to address this need, the original project bid included the addition of perimeter concrete catwalks, handrails, and grating significantly improving the safety of this confined space on two clarifiers.              With the commencement of FY12, we now have adequate funding earmarked to refurbish the remaining two clarifiers, making all four units equally safe for staff.  McMahan has agreed to perform the additional work and honor the unit prices contained within their original schedule of values, and a formal change order with a time extension has been submitted for council consideration.  Approval of the Mahan contract warrants a similar adjustment of the Quentin L. Hampton purchase order for the construction supervision and inspection phase services contract.  Funds are available in Sewer Plant Replacement Project #SSP002.

Staff recommends approval of Change Order #1 to Purchase Order No. 065643 with Quentin L. Hampton Associates, Incorporated, in the additional amount of $39,106, making the new contract amount $106,602, and to authorize the Mayor and City Manager to execute the associated contract documents, as necessary.

Item 16 -        Purchase of Replacement Lift Stations from Sanders Company

 

A portion of the continuing maintenance program, for the Public Utilities Department, is the periodic replacement of sewage lift stations. We currently have approximately 108 lift stations of the Smith Loveless type to maintain within our utility system.  Their typical useful life range normally is between 15 - 25 years.  We have identified seven lift stations; Harbor Point (#26), Sawgrass Point (#16), Lamplighter (#41), Southwinds (#49), Ravenwood (#30), Laurelwood (#33), and Pickwick (#51)  that have now exceeded their useful life. They are now all in need of replacement at this time. These seven lift stations are all currently 16-30 years of age.  At project completion with these (7) replacement lift stations installed, there will still remain approximately 18 of the 108 lift stations currently in service that are 15 years of age or older. These highly reliable and easily maintained lift stations have been the City standard for over 30 years.  The City currently has a five-year agreement with Sanders Company which sets  contract prices for Smith and Loveless lift stations and includes an escalation factor controlled by a Federal Producer Price Index Number for this type of equipment.  This agreement has allowed us to control costs for over ten years.  A price quote has recently been provided based on this existing agreement with them. This project has been approved within the FY 2011-2012 Capital Improvement Program. Funds are currently available in the R & R Lift Station Project, #SLS002.  We request your approval of this purchase at this time.

 

Staff recommends Council Authorize the purchase of seven replacement Smith and Loveless Lift Stations and to approve the purchase order to Sanders Company, Inc., their local supplier, in the amount of $249,552 per our existing long-term pricing agreement. 

 

Item 17 -        Pump Station Purchase (Flygt Submersible NP 3153/463 – Dual HP Pumps) Cypress Head I – PS #3 Pump Station Rehabilitation/ Conversion Project

 

The Public Utilities Department has identified this pump station as needing replacement. This pump station being very large and also very deep, and in an area prone to having a high water table and minor flooding it has been determined that converting this station to submersible pumps would be the most effective and best cost alternative. Public Utilities engineering staff has recently completed an in-house design conversion and therefore with your approval of this direct purchase of referenced pumping equipment, we plan to proceed forward working jointly with Danus Utilities Inc. to complete the installation of this pump station conversion. At this time, we request your approval of this purchase order so that ordering of materials and the scheduling of this needed work for this anticipated project may proceed. This is an approved project contained within the FY 2011-2012 Capital Improvement Plan.  Funds are currently available in the SLS002, R&R Lift Stations Project for this purpose.

Staff recommends approval to revalidate the sole source status granted to ITT Water and Wastewater Florida LLC for Flygt Pumps and to approve a purchase order to ITT for two Flygt Submersible Pumps and associated materials / equipment as per the quoted purchase price of $44,245. 

Item 18 -        Economy Electric Company authorization to provide electrical upgrades associated with Lift Station Rehabilitation

 

Effective March 22, 2011, Port Orange City Council approved the piggyback of an agreement between Economy Electric Company and the County of Volusia (Bid 06-B-250DS) for electrical services.  This request was initiated by the Public Utilities Department for its many industrial applications. At present, the Public Utilities Department is actively planning for the complete rehabilitation of seven of its 100+ existing sanitary sewage lift stations, located throughout our utility system.  Replacement of these sewage pumping stations also includes an upgrade and refurbishment of the existing associated electrical components on five of the seven, as determined to be necessary at each individual location.  With that in mind, Economy Electric Company and Public Utilities staff jointly visited all of the sites.  Subsequently, Economy Electric Company has provided a proposal for various electrical materials, labor, and equipment in accordance with the terms and pricing of their existing contract.  This project has been approved within the FY 2011-2012 Capital Improvement Program. Funds are currently available in the R & R Lift Station Project, #SLS002.  We request your approval of the purchase order so that we can proceed with this work authorization in a timely manner.

 

Staff recommends that Council issue a purchase order in accordance with the terms of the existing contract with Economy Electric Company in the amount of $31,250, for electrical system upgrades associated with the rehabilitation of 5 sanitary sewage lift stations.

 

Item 19 -        B-23 Canal/Rose Bay Final Deductive Change Orders No. 1 and No. 2

 

Ryan, our design and consulting engineers, Dredging & Marine Consultants, and the City’s project management team coordinated efficiently to complete the B-23 Canal dredging and Rose Bay spoil island close out projects. Final quantities and costs have been adjusted to reflect the actual field installed quantities and have been verified by the City’s consulting engineers and the contractor.  FIND has provided us with acceptance of the site.

 

Staff recommends approval of Final Deductive Change Orders No. 1 and No. 2 to Ryan, resulting in a contract amount of $507,680 and approving final payment subject to all required paperwork being completed.

 

Item 20 -        Award of Bid No. 11-23 Spruce Creek Road and Dunlawton Avenue (SR 421) Intersection Improvements

 

The intersection improvements are a Local Area Project (LAP) that is fully funded by FDOT.  Four bids were opened and evaluated by the City on September 12, 2011. One bid was deemed non-responsive due to a missing document in envelope one. Of the three responsive bids in which envelope two was opened, Masci Corporation submitted the lowest bid of $504,706.20. The low bid price is below the Engineer’s estimated cost of $862,925.   The second low bid submitted by Thadcon was $646,998.57. The City’s engineering consultant, Quentin L. Hampton (QLH) reviewed each bid item and found one item that could be of concern-Maintenance of Traffic.  Masci was $25,000± less than the average for this item. Masci was questioned and is confident they can meet the requirements of the project. Masci Corporation is FDOT pre-qualified and has completed numerous projects in the City of Port Orange and in other municipalities.  It is staff’s recommendation that the low bid of Masci Corporation be accepted. Funding # 301-4300-541-81-10. Project # TIF 001

Staff recommends award of Bid No. 11-23 Spruce Creek Road and Dunlawton Avenue (SR 421) Intersection Improvements to Masci Corporation in the amount of $504,706.20 and to authorize the Mayor and City Manager to sign and execute all contract documents.

 

Item 21 -        Award of Bid No. 11-24 SR 421 (Taylor Road) Improvements at I-95

 

The project consists of extending the existing westbound left turn lane and providing pedestrian connectivity underneath Interstate 95. Two bids were opened and evaluated on September 14, 2011. Of the two bids, Halifax Paving submitted the lowest bid for $361,163.90. The second bid was submitted by P&S Paving for $370,340.71. Halifax Paving was also the low bidder on the bid alternate for pedestrian lighting in the amount of $38,191.95.  The bid alternate exceeds the budget for the project and is not considered an essential element of the project and therefore is not being recommended for award.  The City’s engineering consultant, Kimley-Horn and Assoc., Inc. evaluated the bids and unit prices and did not find any discrepancies.  Halifax Paving has completed numerous projects in the City of Port Orange and in other municipalities.  Funding # 306-4300-541-63-00 & 301-4300-541-63-00. Project # PNC 009 & PNC 010

 

Staff recommends award of Bid No. 11-24 SR 421 (Taylor Road) Improvements at I-95 to Halifax Paving in the amount of $361,163.90 and to authorize the Mayor and City Manager to sign and execute all contract documents.

 

Item 22 -        Piggyback of City of Clermont, Bid RFB-11-015 – Sanitary Sewer Manhole and Lift Station Rehabilitation awarded to Danus Utilities, Inc.

 

Danus Utilities Inc. has successfully completed sewer rehabilitation work for our City recently on similar projects thru a direct Emergency Purchase Order. They have recently presented us with a competitively bid contract that they have entered into with the City of Clermont. We have determined that it would be in the city’s best interest to piggyback this contact at this time.  We plan to utilize Danus under this contract on various specialty work items involving sanitary manhole and pump station rehabilitation / refurbishment projects based on the unit prices listed in their existing contract with the City of Clermont.  We have recently identified several pump stations which they will be able to provide us assistance in rehabilitating and converting to submersible pump stations as well as rehabilitating sanitary sewer manholes during the current fiscal year.  Danus has established a good working relationship with us over the past several years, performs well, is very reliable, knowledgeable, and is very easy to work with.  They are also a local firm based out of Port Orange.   We therefore request your approval at this time to piggy-back the City of Clermont, Bid RFB -11-015, and to approve this work authorization to Danus Utilities Inc. in the amount of $50,000 for sanitary sewer manhole and lift station rehabilitation efforts, subject to City Attorney Review and approval of all Contract documents.

 

This project is approved in the FY 2011-2012 Capital Improvement Program.  Funds are currently available in the R & R Lift Station Project # SLS002 and Sewer System Rehabilitation Project # URH001. 

 

Item 23 -        Piggyback of Existing Contract with Miller Pipeline Corp. for Sanitary Sewer System Rehabilitation Work

 

Our Field Operations Division has recently identified additional sewer lining work required within Sewer System Areas # 5 - Portona / Charles Street, #19 - Beacon Woods, and #24 - Summertrees / Taylor Woods. These sewer collection systems are now some of our oldest systems, constructed of clay pipe approx. 30 years ago. Each year our Field Operations Division continues to vigorously clean, video tape, and inspect over 11,000 feet of sewer lines with our video camera equipment, inspecting hundreds of sanitary manholes, and then subsequently having these sewer systems rehabilitated or replaced. They have determined that many of the clay pipes in these areas are severely fatigued, cracked, and in need of relining.  Pipe relining now will help avoid the need of expensive sewer system and street reconstruction in the future. See attached, their Assessment Summary and Estimated Costs to perform this required work.  Note: We have increased the estimated total budget amount by 3% to cover any possible final unit quantity adjustments which may occur during the course of the project. Miller Pipeline, New Smyrna Beach, Fl. has provided us with a recent letter indicating their willingness to continue to honor their unit prices as referenced in their existing contact with Charlotte County, Florida.  We intend to piggyback this contract in order to take advantage of these highly competitive and attractive low bid unit prices which they have agreed to continue to honor for this upcoming fiscal year. We may then continue our joint sewer rehabilitation work program with Miller Pipeline in the completion of lining of sewers within these areas of our City.  Miller Pipeline is a local company which has completed sewer rehabilitation work within other old sections of our sewer collection system for several years.  We are confident that Miller Pipeline will continue to work with us effectively to perform all work assigned in an acceptable manner.  We request your approval at this time to approve this Purchase Order authorization for an amount of $300,000 to Miller Pipeline Corp. for sanitary sewer system rehabilitation efforts by piggybacking their existing contact with Charlotte County, Florida subject to City Attorney review and approval of all Contract documents. Funds have been budgeted and approved for the current fiscal year to complete this work and these funds are currently available in the Sewer System Rehabilitation Project # URH001.

H.   REPORT FROM ADVISORY BOARDS

 

Item 24 -        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.

Item 25 -        Parks and Recreation Quarterly Report

 

Jack Wiles will attend to bring you up to date on the activities of the Parks and Recreation Committee.

I.      TABLED ITEMS

 

Item 26 -        Second Reading – Ordinance No. 2011-14 – Mandatory Spay or Neuter Ordinance (TABLED ON 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.

 

City Manager Comments: The Halifax Humane Society Executive Director will be present to discuss spay and neutering as well as catch, neuter and release. 

 

J.    FINANCE (John Shelley)

 

Item 27 -        Second 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.

K.   COMMUNITY DEVELOPMENT (Wayne Clark)

 

Item 28 -        Second 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 29 -        Second 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 30 -        First Reading - Ordinance No. 2011-29 – Land Development Code Text Amendment/New Zoning Categories Case No. 11-25000004

 

On September 22, 2011, the Planning Commission recommended approval, 5-0 (Commissioners Green and Parker excused), of an administrative amendment to the Land Development Code (LDC) to create three new zoning districts: Office/Residential Transition (ORT), Mixed-Use Center (MXC) and Recreation (REC). The amendment provides zoning category options in the LDC that are consistent with the Future land Use category options provided in the City’s Comprehensive Plan. Both the ORT and the MXC are mixed-use zoning categories. However, the allowable distribution of uses in the ORT category is primarily oriented towards office and institutional uses, with accessory commercial and residential uses generally permitted as part of a unified mixed use development. Whereas, in the MXC category, the land uses should also be mixed, but commercial uses may dominate if necessary to achieve City redevelopment or economic development goals. The REC zoning district is intended to provide areas for active and passive recreational uses, marinas, and boat ramps. Currently, the City allows passive recreation uses the Floodplain-Conservation zoning category. Active and passive recreation uses proposed by any governmental entity or agency are permitted in the Government/Public Use category. The REC category provides a zoning option for private active and passive recreation uses. The MXC and REC zoning districts are proposed as “floating districts” – meaning that there are no immediate rezoning plans for these districts to be applied to any properties. The ORT zoning district is expected to be applied to properties on Dunlawton Ave. (i.e. between Herbert St. and Dunlawton Ave., east of the FEC railroad) that recently had their Future Land Use changed to ORT as part of the 11-1 Comprehensive Plan Amendments.

 

Staff recommends Council adopt Ordinance No. 2011-29, amending Chapters 2, 17, and 18 of the City’s Land Development Code for Case No. 11-25000004 creating three new zoning categories, as recommended by the Planning Commission.

 

Second Reading: November 8, 2011.

 

Item 31 -        First Reading – Ordinance No. 2011-12 – City Council Redistricting – Census 2010


Redistricting Map

 

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 recommended a revised version of “Option 2”.  On June 28, 2011, the City Council reviewed the Districting Commission’s recommendation and the various map options and ultimately directed staff to bring back the Commission’s recommendation in ordinance form for adoption.  Staff recommends adoption of Ordinance No. 2011-12, amending the City Council Districts, as recommended by the Districting Commission.

 

Second Reading: November 8, 2011.

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L.    CITY ATTORNEY (Margaret Roberts)

 

Item 32 -        Summit Golf Academy, Inc. and Timothy G. Peightal Claim for Property Rights and Damages Under the Bert J. Harris Private Property Rights Protection Act

 

The City Council pursuant to the procedures of state law is required to offer a settlement in the above referenced claim on or before November 2, 2011.  Attached hereto are the chronology of events and the outline of statutory procedural and substantive requirements.  The City Attorney has identified on Page 2 by bold type, two (2) of the possible alternatives for the city council discussion as follows:

 

1.    An adjustment of land development or permit standards or other provisions controlling the development or use of land; or

2.    No changes to the action of the governmental entity.

 

In the event that the City Council directs the preparation of a settlement offer pursuant to alternative 1 above, the City Attorney will prepare the written settlement offer and request the City Council consideration on November 1, 2011. 

 

Any settlement offer providing for (1) changing the Future Land Use from Conservation to Warehouse/Industrial or other land use designation; should also include (2) a full settlement of all claims against the city relating to the threatened litigation; (3) that each party shall bear their own attorney’s fees and costs relating to the matters set forth in the claim and (4) such other matters as recommended by the City Manager and City Attorney.

 

City Council should anticipate that this claim may result in litigation and that the discussion may become the subject of the record for any future litigation.  City Council Members may contact the City Attorney prior to the meeting to obtain further information relating to this agenda item.

 

This item is for discussion and direction to the City Attorney for settlement offer required by state law.

 

M.   ADMINISTRATION (Ken Parker)

 

Item 33 -        Discussion relating to Nixon Lane payments

 

Some weeks ago, the Nixon Lane residents appeared before the City Council asking for some help on sewer connection charges and impact fee charges.  A meeting was conducted with the residents.  The residents asked the City to explore several options, including one that is not included in the letter, a total waiver of the fees.  If the City Council decided to pay the impact fees and connection charges from other revenue sources, there would be no need to send the letter.  That is the reason that option is not included in the letter.

The letter lays out several alternative approaches for payment including an option that delays connection until the septic tank is replaced.  There are three cash options presented in the letter and two installment pay options.  Two of the cash options have discounts associated with them.  The installment pays do not have discounts and are considered to be the most expensive of the options.  We are still working on the legal aspect of the Special Assessment District and collecting the charges on the tax bill.  The issue relates to securing the special assessment lien should the property be foreclosed.

We want to be sure that the lien would survive foreclosures.  Margaret and Peter Dame continue to do legal research.

With City Council approval, we will send the letter to the residents and provide them with a selection opportunity.  Should you have questions, call me.

Item 34 -        Report relating to Veolia Contract negotiations

 

City Manager Ken Parker and City Attorney Margaret Roberts will bring the City Council up to date on contract negotiations with Veolia.  It appears that all the issues have been resolved and addressed.  We are anticipating a signed contract to arrive prior to Tuesday night’s City Council Meeting.  The formal contract is scheduled for the City Council consideration on October 25, 2011.

 

N.   COUNCIL COMMENTS

 

Item 35 -        Comments/Concerns from Council Members

 

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

 

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