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

                        December 13, 2011

 

Date:               December 8, 2011

 

 

Prior to the meeting on Tuesday evening, the City Council is hosting the annual Boards and Commission Reception.  During the reception, the Council will recognize members for their years of service.  Service Pins will be presented to individual members. 

 

This is the last meeting of this calendar year.  If you count all the district meetings, new resident meetings, workshops and special City Council Meetings that have been conducted during the past year, the City Council has average more than one meeting a week.  In looking at the 2012 calendar, it appears that the City Council will be meeting roughly the same number of times during the upcoming year.  In looking at the calendar, there will be 36 regular City Council Meetings with at least 10 budget workshops being conducted before the budget is submitted in July. 

 

Additionally, the Council has acting as the CRA will be meeting at several times during early 2012 in working sessions related to Town Center RFP and reviewing all submittals.  The RFP that the CRA and Council authorized was side tracked because of the Veolia lawsuit.  What is remaining in the CRA RFP is final legal review to make sure that it complies with the statutory legal requirements.  I would like the Town Center CRA to meet on Tuesday, January 10, 2012 to review the RFP.  If the RFP meets with the CRA and Council approval, I would like to place it on the street sometime around January 17.  I would like for the proposal to be on the street for 30 day with proposals being received in mid to late February.  That would mean the CRA and City Council would meet on or about March 13, 2012 to review any and all submittals and determine which one, if any, would be accepted.  Also, on January 10, 2012, I would like for the CRA to review the park plan that was developed to allow immediate use of the city owned land at Riverwalk.  On that same date, I would like to discuss with the Council and the CRA an option of moving the 4th of July to the river this year. 

 

This is the year that we are required to re-bid the golf course management contract.  That will mean in March, we will want to conduct a workshop with the City Council to review the Request for Management Proposals for the Golf Course.  Further, it will mean in late April or early May, the City Council will review the proposals received for managing the courses.  It is my goal to have the contact in place by the end of July.  This will allow for an orderly transition should one be required. 

 

Additionally, 2012 is an election year.  Qualifying occurs in June with the primary election occurring the second week in August.  The General Election is the Tuesday after the first Monday in November.  Elected Council Members will takes office the first Tuesday in December. 

 

I know that throughout the year, there will be items that will require additional workshop sessions.  It looks like 2012 will be an extremely busy year for the City Council. 

 

  1. OPENING

 

Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call

 

B.   CITIZEN PARTICIPATION (Agenda)

 

Item 4 -           PFM Asset Management, LLC Presentation to City Council – Annual Investment Performance Review Fiscal Year Ended September 30, 2011

 

Annually, PFM comes before the City Council to report on investment performance.  This is for the fiscal year ending September 30, 2011.  Quarterly, the City’s Investment Committee meets with PFM and reviews the quarterly data.  Copies of those reports are provided to the City Council. 

 

 

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

 

D.   CONSENT AGENDA

 

Item 5 -           Approval of Minutes

 

a.    December 6, 2011 – Special City Council Meeting

b.    December 6, 2011 – Regular City Council Meeting

 

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

 

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

 

The attached Staff Reports include the Development Activity Report and the Building Activity Report. These reports provide information on proposed development, projects under construction, commercial code enforcement activity and monthly building permits and inspection updates.

Staff recommends Council accept the Staff Reports (Building Activity Report and Monthly Development Activity Report).

Item 7 -           Written 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.

 

Item 8 -           2011 Concurrency Management Report

 

On November 17, 2011, the Planning Commission recommended to accept the 2011 Concurrency Management Report as presented by Staff. As indicated in the report, the City’s position with respect to concurrency is at sufficient levels for FY 11/12.

 

Staff recommends Council accept the 2011 Concurrency Management Report, as recommended by the Planning Commission.

 

Item 9 -           Water System Replacement Bid Award, #B-12-01

 

The Water System Replacement 2012 Project encompasses the replacement, and abandonment of several potable water mains and several hundred water service lines.  Construction areas include Ravenwood, Deep Forest, Twin Gates, and Springwood Square.  The majority of these water lines and water services are in excess of 30 years old. This project also includes the replacement of several hundred water meters in these same areas. In addition, the project includes utility adjustment work at the Herbert Street/US1 intersection in advance of turn lane improvements planned by FDOT.  Restoration of all areas disturbed is also included.

It is important to note that the contract documents have provisions to extend this contract for one additional year.   The advantage to the City is that it locks in the unit prices enabling the City to take advantage of the favorable marketplace.  Furthermore, the multi-year contract reduces future administrative and engineering and costs while expediting similar work to be completed in accordance with the FY13 CIP. 

The initial project was recently publicly advertised and a required pre-bid meeting was attended by eleven prospective bidders. Bids were then publicly opened on November 29th, 2011. Upon a complete review and evaluation of the four bids received, it has been determined that Hazen Construction is the lowest responsive bidder. Hazen Construction is well known to us being an established local utility contractor which completed many successful utility projects for us in the past. 

We request your approval in awarding this contract to Hazen Construction at this time in the amount of $329,386 so that the necessary work may be completed in a timely manner.  Funding for this project relies upon multiple sources. The Herbert Street/US1 work uses URL007 Miscellaneous Utility Relocation and the 403 fund.  The 403 fund exists to comply with the bond covenants mandating that a minimum of 5% of revenues be re-invested back into system maintenance.  The upsizing of the Ravenwood water main is funded from UCP001 City Cost Participation relying upon the 405 impact fee fund.  Finally, the majority of the project is funded from URP001 Water System Replacements.  Due to a lack of dedicated 403 funds, we must rely upon the discretionary funding of the 421 deferred construction fund and the carryover of operating fund savings in the 401 fund to finance the renewal & replacement of the aging water services and meters.

Staff recommends approval of the total base bid and alternate bid award for the Water System Replacement 2012 Project, Bid Award # B-12-01, to Hazen Construction, in the amount of $329,386 and to authorize the Mayor and City Manager to sign and execute all required contract documents.  

Item 10 -        2011 Edward Byrne Memorial Justice Assistance Grant

 

The Port Orange Police Department has been awarded grant funds from the U.S. Department of Justice, Edward Byrne Memorial Justice Assistance Grant Program in the amount of $10,000.00.  These funds will be utilized to purchase five portable fingerprint scanners for patrol.

Five Fingerprint Scanners @ $2,495.00 each                                      $12,475.00

Funding Source:

Account #001-3200-521-52-09 Grant Operating Supplies                   $10,000.00

Account #607-3200-521-52-00 Police Forfeiture Trust                         $  2,475.00

Staff recommends approval to allow Staff to accept the grant funds from the U.S. Department of Justice, Edward Byrne Memorial Justice Assistance Grant Program in the amount of $10,000.00 for the purchase of portable fingerprint scanners.

 

Item 11 -        Engagement of Legal Services relating to Veolia ES Solid Waste Southeast, Inc. vs. Waste Pro and the City of Port Orange

 

The legal services of S. LaRue Williams are available at his hourly rate of $300.00 for governmental cases on behalf of the City.

Staff recommends approval of the attorney services of S. LaRue Williams, Esquire relating to litigation case Veolia ES Solid Waste Southeast, Inc., vs. Waste Pro and the City of Port Orange and authorizing active representation on behalf of the City of Port Orange.

 

City Manager Comments: La Rue Williams represented the City of Port Orange at the recent hearing related to the temporary injunction sought by Veolia against the City and Waste Pro.  He was extremely valuable to the City in preparation for the hearing as well as handling cross examination of Veolia witnesses during the hearing itself.  Although we do not know if Veolia plans to appeal the decision of the Court or to file suit against the City and Waste Pro, it is good to have Mr. Williams on board to advise the City on legal issues related to the case. I would encourage you to speak with Margaret before Tuesday night on this item. 

 

Item 12 -        Acceptance of settlement in the case of Jerome Schrock vs. City of Port Orange

 

As a result of injury sustained on June 15, 2010 relating to an accident involving a motorcycle driven by Jerome Schrock and a Port Orange Police Department patrol unit, the parties recommend a settlement and the release of all claims against the City for payment of $25,000.00.

Staff recommends authorizing the settlement of the Jerome Schrock vs. City of Port Orange, Case No. 2011 30865 CICI pursuant to the terms as asset forth by the City’s insurance carrier.

E.   FINANCE (John Shelley)

 

Item 13 -        First Reading – Ordinance No. 2011-37 – General Employee’s Pension Ordinance

 

The General Employees’ Pension Committee has been working with Public Employees Association (PEA) and Legal Counsel to update the General Employees Pension Ordinance.   Changes include a new Defined Contribution Plan (DC) and a modified Defined Benefit (DB) option. 

The new DC Plan is similar to the existing DC Option with ICMA; however, plan assets will be monitored by the General Employees’ Pension Committee with application of the same vesting period as the DB Plan.  The modified DB Plan is unchanged for current employees; however, after the effective date of this Ordinance, DB Plan is optional for new PEA employees.   New PEA Employees may also choose the DC Plan option.  Once the choice of Plan type is made by the employee, it is irrevocable.  The new DB Plan provides new employee retirement benefits similar to those of the Florida Retirement System. 

Please see the attached Ordinance and Actuarial Impact Statement for details. 

This Ordinance has been reviewed and approved by Lewis, Longman and Walker, P.A., the City’s pension legal counsel.

Staff recommends approval.

City Manager Comments: These are the changes that were negotiated in the recent PEA contract.  As you know, for more than a year, new Civil Service covered employees can only be members of a Defined Contribution Retirement Plan.  When the PEA contract was negotiated, there were major changes made to the Plan.  First change related to providing the employee with an option of being a member of a Defined Contribution Plan or a Defined Benefit Plan.  The second change was to the Define Benefit Plan structure for new employees.  It lowered the modifier from 2% to 1.6%.  It increased the years to 33 years which is consistent with FRS.  We will continue to monitor the Plan Performance. 

F.    COMMUNITY DEVELOPMENT (Wayne Clark)

 

 

Item 14 -        Second Reading – Ordinance No. 2011-32 – Land Development Code Text Amendments/Pain Management Clinics (Case no.: 11-25000001)

 

At its October 27, 2011 meeting, the Planning Commission recommended approval,         5-0, of the administrative request to amend Chapters 2, 12, 17, and 18 of the Land Development Code to add “pain management clinics” as a permitted use with special development requirements within the “PO” (Professional Office) zoning district and to provide accompanying and clarifying regulatory requirements and definitions. Please see the attached staff report for more information.

Staff recommends adoption of Ordinance No. 2011-32, amending Chapters 2, 12, 17, and 18 of the Land Development Code (LDC), as recommended by the Planning Commission. 

Item 15 -        Second Reading – Ordinance No. 2011-34 – Adoption of the 2011 Capital Improvements Element (C.I.E.) Annual Update (Case no.: 11-27500001)

On October 27, 2011, the Planning Commission recommended approval to adopt the 2011 Capital Improvements Element Annual Update. 

Every year local governments are required to update their Capital Improvements Element (CIE), including the Five-Year Schedule of Capital Improvements (Schedule). The purpose of the C.I.E. and the Schedule is to identify the capital improvements needed to implement the Comprehensive Plan and ensure the adopted level-of-service standards are achieved and maintained for concurrency-related facilities. These facilities include water, sewer, stormwater, solid waste, roads, parks, and schools.

The amendments to the C.I.E. are attached for review and include the updated Schedule and other various text amendments to update data related to the Schedule and other statutorily required information, such as: 

·         Projects included in the Transportation Planning Organization’s (TPO) Transportation Improvements Program (TIP) that the City relies on for concurrency; and

·         The Volusia County School District Five-Year Work Program.

 

All of the required public facilities meet the City’s adopted level of service standards. Therefore, these proposed amendments to the CIE primarily include improvements that will help maintain the level of service standards into the future.

Staff recommends adoption of Ordinance No. 2011-34, amending the Capital Improvements Element of the City’s Comprehensive Plan, in accordance with Florida Statutes.

Item 16 -        Second Reading – Ordinance No. 2011-36 – Code of Ordinances Text Amendment/Foreclosure Registry, Case no. 11-2500007

 

It is the purpose and intent of the City to establish a process to address the amount of abandoned real property located within the City. It is the City's further intent to specifically establish an abandoned residential and commercial property registration program as a mechanism to track abandoned properties and protect residential neighborhoods and commercial districts from becoming blighted through the lack of adequate maintenance and security of abandoned properties.

The foreclosure registration program is designed to:

 

Staff recommends adoption of Ordinance No. 2011-36, amending Chapter 42, Article II, Nuisances, of the Code of Ordinances, by adding Section 42-33, titled Abandoned Real Property, to create new regulations related to and address maintenance of abandoned real property.

 

Item 17 -        First Reading – Ordinance No. 2011-33 – Code of Ordinances Text Amendments/Pain Management Clinic (Case no.: 11-25000001)

 

At its October 27, 2011 meeting, the Planning Commission recommended approval, 5-0, of the administrative request to amend Chapter 18 of the Code of Ordinances to add a definition for “pain management clinic”, application requirements and the amount of fees or taxes owed at the time of application. Please see the attached staff report for more information.

 

Staff recommends adoption of Ordinance No. 2011-33, amending Chapter 18 of the Code of Ordinances, as recommended by the Planning Commission. 

 

Second Reading: January 3, 2012

 

Item 18 -        First Reading – Ordinance No. 2011-38 – Code of Ordinances Text Amendments/Simulated Gambling Devices (Case no.: 11-25000006)

 

At its November 17, 2011 meeting, the Planning Commission recommended approval, 3-0-1, of the administrative request to amend Chapter 18 of the Code of Ordinances to add a definition for “electronic gambling devices”, prohibit the use of simulated gambling devices, establish exemptions, provide enforcement and civil penalties, and remove language pertaining to adult arcade amusement centers.   The staff report is attached for more information.

To adopt Ordinance No. 2011-38, amending Chapter 18 of the Code of Ordinances, as recommended by the Planning Commission. 

 

Second Reading: January 3, 2012

 

Item 19 -        First Reading Ordinance No. 2011-39 – Land Development Code Text Amendments/Simulated Gambling Establishments (Case no.: 11-25000006)

 

At its November  17, 2011 meeting, the Planning Commission recommended approval, 3-0-1, of the administrative request to amend Chapters 2, 12, 17, and 18 of the Land Development Code to add  a definition for “simulated gambling establishments”, remove language pertaining to adult arcade amusement centers, and provide accompanying and clarifying regulatory requirements. Please see the attached staff report for more information.

Staff recommends adoption of Ordinance No. 2011-39, amending Chapters 2, 12, 17, and 18 of the Land Development Code (LDC), as recommended by the Planning Commission. 

Second Reading: January 3, 2012.

Item 20 -        First Reading – Ordinance No. 2011-40 – Ordinance Rezoning & Approving a Master Development Agreement & Conceptual Development Plan/Altamira Shopping Village PCD (Case no.: 11-65000001)

 

At its November 17, 2011 meeting, the Planning Commission recommended approval, 4-0, of the request to rezone approximately 33.2 acres, located on the east side of Dunlawton Avenue., north of Taylor Branch Road, from “F-C” (Flood-Plain Conservation), “A” (Agricultural), and “ICD” (Interchange Commercial District) to “PCD” (Planned Commercial Development). If the rezoning request is approved, the MDA and CDP will provide the regulatory framework for the development of a shopping center on the subject property, and associated site improvements on the property located off Taylor Road. The staff report is attached for more information.

Staff recommends approval of Ordinance No. 2011-40 rezoning and approving the Master Development Agreement (MDA) and the Conceptual Development Plan (CDP) dated November 30th, 2011, as recommended by the Planning Commission.

City Manager Comments: We have been working on this project for a number of years.  It is now ready for City Council action.  As you know, the canal will be relocated as part of this project.  Also, Yorktowne Boulevard will be constructed as part of this project.  The City will cost participate in the construction of the Yorktowne construction between Dunlawton Avenue and Taylor Road.  Yorktowne extension will provide an alternative to the Taylor Branch and Dunlawton Avenue intersection.  It will provide a longer transitional area to get to the Interstate.  Further, it should lessen the some of the congestion that is now experienced at Interstate 95 and Dunlawton west bound.  The City’s participation funds are budgeted.

 

 

Item 21 -        Resolution No. 11-69 – Supplemental LAP Agreement for design of the Herbert Street sidewalk between Golden Gate Circle and Nova Road

 

The FDOT has agreed to provide an additional $6000 in funding for the design of the Herbert Street sidewalk project which will cover surveying costs and design costs indexed for inflation. FDOT has requested the City execute the Supplemental Local Area Project (LAP) Agreement and Resolution for the design of a sidewalk along the south side of Herbert Street from Golden Gate Circle to Nova Road.  This will supplement the previous Agreement of August 5, 2011 and provides an additional $6,000 to fund the design costs. The FDOT has agreed to fund the costs for design in an amount not to exceed $22,000.

 

Staff recommends approval of the Supplemental Local Agency Program (LAP) Agreement and Resolution No. 11-69 for design of the Herbert Street Sidewalk, south side, from Golden Gate Circle to Nova Road and authorize the Mayor and City Manager to execute the Supplemental Agreement and Resolution.

G.   PUBLIC WORKS (Warren Pike)

 

Item 22 -        Second Reading – Ordinance 2011-35 – Granting Exclusive Franchise for Collection and Disposal of Solid Waste, Yard Waste, and Recyclable Materials – Waste Pro

 

The Ordinance grants an exclusive franchise to Waste Pro of Florida, Inc., for the collection and disposal of solid waste, yard waste and recyclable materials within the City of Port Orange.  Waste Pro of Florida, Inc., 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. 

Staff recommends adoption of Ordinance No.: 2011-35, granting an exclusive franchise to Waste Pro of Florida, Inc., for the collection and disposal of solid waste, yard waste and recyclable materials within the City of Port Orange.

 

Item 23 -        Award Solid Waste Contract to Waste Pro

 

Staff recommends award and approval of the Contract with Waste Pro of Florida, Inc., for the collection and disposal of solid waste, yard waste and recyclable materials within the City of Port Orange pursuant to City Bid B11-08.  Waste Pro of Florida, Inc., has the necessary equipment, personnel, and experience to properly perform the work and has been awarded the contract pursuant to City Bid B11-08. 

City Manager Comments: All the documents have been received from Waste Pro.  The proposed contract is ready for Council consideration.  If the contract is approved, the Mayor and City Manager will be authorized to execute the contract on behalf of the City of Port Orange.  Waste Pro has executed the contract. 

H.   ADMINISTRATION (Ken Parker)

 

Item 24 -        Resolution No. 11-65 – Volusia ECHO Water Access Land Acquisition Grant (Acquisition of the riverside property east of 3900 Halifax Drive)

 

The County Council made changes to the Volusia ECHO grant program to include the purchase of property on waterways.  The City seeks to acquire property within Town Center Riverwalk on Halifax Drive with funding assistance from the Volusia ECHO Water Access Land Acquisition Grant program. The application will be submitted in partnership with Halifax River Partners, LLC and Port Orange Riverwalk, LLP & LLC.  Below are the identified properties and a map of the project area is attached.

Parcel #1:  6303-04-00-0010 (portion east of Halifax Dr.)                      9,000 sq. ft.

            Parcel #2:  6303-10-02-0024                                                                     13,400 sq. ft.

            Parcel #3:  6303-10-02-0041                                                                     88,080 sq. ft.

            Parcel #4:  6303-16-00-0011 (portion east of Halifax Dr.)                      1,800 sq. ft.

            Parcel #5:  6303-16-00-0010 (portion east of Halifax Dr.)                    25,890 sq. ft.

            Parcel #6:  6303-11-02-0031 (portion east of Halifax Dr.)                      2,250 sq. ft.

                                                                                                                     Total   140,420 sq. ft.

The 2009 Town Center Riverwalk Master Plan details the uses of these properties 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 approval of Resolution 11 -65 authorizing the City Manager to submit a Volusia ECHO Water Access Land Acquisition Grant application to acquire property and riparian rights on Halifax Drive. In addition, authorize the Mayor and the City Manager to execute any agreements or contract and provide a match.  

Item 25-         Legislative Support Contract

 

During the 2011 session, the City, in conjunction with Pittman Law Group, filed a local bill relating to expanding the Southeast Volusia Hospital District to provide Port Orange residents living within the District an opportunity to serve on the governing board. This legislation passed and is now in effect.  Pittman Law Group was also responsible for having $1.25 million placed in the legislative budget to fund the construction of the State Road 421 (Dunlawton) Flood Control/Evacuation Route project.  The full amount was passed by both houses, but ultimately vetoed by the Governor.  This project continues to be a priority for the City and recently garnered the full support of our local delegation.  At their annual meeting, the delegation voted to send a letter of support on the City’s behalf.

Additionally, Pittman Law Group tracks legislation impacting the City of Port Orange, such as pension reform and TABOR, support our efforts in Tallahassee, and sets meetings between key leadership members and the City Council and staff as needed.  The contract covers the calendar year and is in an amount not to exceed $40,000.  Funding has historically been provided through the carry forward budget.

Staff recommends Council employ Pittman Law Group to track legislation on the City’s behalf and to work in support of our legislative priorities, including funding for the State Road 421 (Dunlawton) Flood Control/Evacuation Route project and to authorize the Mayor and City Manager to execute all associated documents.

City Manager Comments:  This is a policy decision of City Council on whether to retain a lobbyist or not.  For the past several years, the City Council has included funds in the carry forward budget for the lobbyist rather than budgeting for the lobbyist as part of the regular budget.  That allowed the City Council to make a decision on using left over funds to pay for this expense.  If the City Council decides to employ a lobbyist to represent the City’s interest during the upcoming legislative session, we will bring back an appropriation resolution for City Council’s consideration.  There are two policy questions.  The first is whether to retain a lobbyist.  If the answer to question one is yes, then the second policy question is who.  Pittman has served as the lobbyist for the past six legislative sessions.  The Council has the alternative of receiving proposals from firms if it so desires.  On the east side, Ormond Beach, Daytona Beach, South Daytona, and the County all have lobbyist who represent their governments in Tallahassee. 

I.      COUNCIL COMMENTS

 

Item 26 -        Comments/Concerns from Council Members

 

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

 

 

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