MEMORANDUM

 

To:                   Mayor Allen Green

                        Vice Mayor Bob Pohlmann

                        Council Member Bob Ford

                        Council Member Donald Burnette

                        Council Member Dennis Kennedy

 

From:              Kenneth W. Parker, City Manager

 

Subject:          Agenda Commentary for Regular City Council Meeting of

                        August 21, 2012

 

Date:               August 15, 2012

 

 

 

  1. OPENING

 

Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call

 

 

B.   SPECIAL AWARDS, RECOGNITION, PROCLAMATIONS, REPORTS

 

Item 4 -           pogTV Film Festival Winners

 

Now in its 5th year, the pogTV Film Festival received 14 shorts films from five different local high schools and 2 colleges.  The goal of the Port Orange Govt. TV (pogTV) Film Festival is to enhance and encourage the educational experience of the participants by providing a real world educational opportunity beyond the classroom.  Judging was based on creativity, production abilities, and concept.

First place in the College Film Group was “What Comes Around” by University of Central Florida filmmaker Craig Calamis.  Second Place in the College Film Group went to Casey Otten from Daytona State College with his film “The Video.”

The first place winner in the High School Film Group was “The Last Dance ” by University High School filmmakers Caroline Gill, Wes Ellis, Kayleigh Slappey, Tony Sanden, and Gabby Brookes. They also won the Overall pogTV Film Festival Award via a week long online vote (117 to 8). 

Second Place in the High School Film Group went to Zachary Parker, Maxwell Droznin, Chris Veilleux, Eli Lavarias, Donald Hughes, and David Green from Spruce Creek High School with their film “Furniture Wars.”   For questions, contact Kent Donahue.

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

 

D.   BOARD INTERVIEWS AND APPOINTMENTS

 

Item 5 -           Board Appointments

 

a.    Planning Commission

 

There are three (3) positions expiring in September, 2012. All three applicants, Frank Crooks, Mike Arminio, and Tom Jordan, have agreed to continue serving on the Planning Commission. The new terms are for two years and expire on September 21, 2014. There have been no other applications received to date.

 

Staff recommends re-appointing Frank Crooks, Mike Arminio, and Tom Jordan to the Planning Commission.

 

City Manager Comments: I asked Robin why the appointments to the Planning Commission were placed on separate agendas.  Our normal practice is to schedule the appointments on the same agenda.  The reason was schedule conflicts and it was being done to accommodate the schedules. 

 

E.   CONSENT AGENDA

 

Item 6-            Approval of Minutes

 

a.    August 7, 2012 – Regular City Council Meeting

 

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

 

Item 7 -           Crime Report

 

The police department will present a report which details criminal activity in the last quarter.

 

Item 8 -           Acceptance of Permanent Easement for Drainage and Utilities from Nadine Francis to City of Port Orange

 

This easement is an accessory to the Dunlawton Drainage Improvements Project.  Private property owner, Nadine Francis, has requested the relocation of a drainage pipe connecting an inlet on Powers Avenue to Lake Dagley to an area within the westerly 15 feet of her side lot line.  Ms. Francis has executed and delivered to the City the attached non-exclusive permanent drainage and utilities easement which includes access by the City for maintenance of the public facilities within the easement area on the private property.      

 

Staff recommends approval and acceptance of the proposed non-exclusive permanent drainage and utilities easement on land being a portion of Parcel ID# 6304-07-00-0130 currently owned by Nadine Niva Francis, 526 Powers Avenue, Port Orange, FL 32127.

 

Item 9 -           Amendment #6 to contract for Professional Engineering Services for Design, Construction Administration, and Inspections for Bid Package for the expansion of the All Children’s Park Phase II under contract with Zev Cohen & Associates, Inc. dated November 9, 2010

 

The All Children’s Park is one of the City’s most heavily utilized parks and the construction of Phase II is now at the beginning process.  For the City to continue with the renovations of this facility and competitively bid the construction, additional design services are needed to complete permitting, bid documents, and construction administration.  Zev Cohen & Associates, Inc. has provided a fee estimate for these services. 

 

The City has $250,000 budgeted for the design and construction of the All Children’s Park Phase II expansion.  The design, construction administration, and inspections will not exceed $29,000.  Funds are available in QPC 044 Acct #315-5100-572-6397. This project is partially funded by Volusia County Echo Grant in the amount of $125,000.

 

If approved the City’s project manager will be Susan Lovallo, Parks & Recreation Director, the consulting engineers and construction administrators will be Zev Cohen & Associates, Inc.  The construction will be competitively bid and brought back to council for approval. 

 

Project No.:    QPC 044                     Funding Account No.:         315-5100-572.63-97

 

Staff recommends approval of Amendment #6 to contract for Professional Engineering Services for Design, Construction Administration, and Inspections for Criteria Package for the expansion of the All Children’s Park Phase II under contract with Zev Cohen & Associates, Inc.  dated November 9, 2010 and authorize the Mayor and City Manager to execute the associated documents.

 

Item 10 -        Property, Liability and Workers’ Compensation Insurance: Policy Year 2012-2013

 

In 2009, the City issued an RFP for the insurance program which was awarded to Florida League of Cities. The term of this agreement was three years with the option to renew thereafter, subject to City Council approval. This will be the third year of insurance coverage through the Florida League of Cities.

 

For the 2010-2011 Policy Year, the total insurance premiums were $1,035,715. The proposed renewal premium is $913,270, which is $122,445 less than last year’s premium, or -11.8%.

 

The FMIT insurance package consists of: General Liability Insurance (including Errors and Omissions Liability and Law Enforcement Liability) with a $0 deductible, Automobile Liability Insurance with a $0 deductible, Automobile Physical Damage Insurance, Property Insurance including windstorm coverage and Workers’ Compensation Insurance.

 

The reduction in premiums is due to: (1) Favorable loss experience and (2) A Credit of $106,879 given to the City of Port Orange for participation in the FMIT’s property insurance program for the 2009-2010 Policy Year.

 

The outline of the insurance program is contained in the Florida League of Cities’ insurance renewal quote.

 

Staff and the City’s insurance consultant recommend the selection of the FMIT Renewal Proposal.

 

  1. TABLED ITEMS

 

Item 11 -        Second Reading – Ordinance No. 2012-8 – Small-Scale Future Land Use Amendment/Summit Golf Center/Tim Peightal (Tabled July 17, 2012)

 

At its March 22, 2012 meeting, the Planning Commission recommended approval, 6-0, of an amendment to the Future Land Use (FLU) Map of the City of Port Orange Comprehensive Plan. This map amendment is to change the FLU designation of approximately 9.9 acres, located at 4116 S. Nova Road, from Conservation to Warehouse/Industrial. The amendment is being processed pursuant to the November 2011 Settlement Agreement. If approved, the owner intends to rezone the property to a category consistent with the FLU.

 

Staff recommends adoption of Ordinance No. 2012-8 amending the Future Land Use Map of the City of Port Orange, as recommended by the Planning Commission, and pursuant to the November 2011 Settlement Agreement with Summit Golf Academy Inc. and Timothy G. Peightal.

 

City Manager Comments: This item is to remain on the table until the applicant is ready to proceed or 90 days runs.

 

  1. REPORT FROM ADVISORY BOARD

 

Item 12 -        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.

  1. PARKS AND RECREATION (Susan Lovallo)

 

Item 13 -        Resolution No. 12-36 – Approval to officially name the park located on West Bayshore in Harbor Oaks Subdivision of Port Orange in honor of Larry Haines

 

Jean Miller, President of Harbor Oaks HOA came before the City Council on July 17, 2012 seeking to name the park located in the Harbor Oaks Subdivision on West Bayshore in honor of former resident Larry Haines. Larry was a homeowner on Rosebay and since 1986 was a very active participant involved in the restoration of Rose Bay.  Unfortunately Mr. Haines did not live to see the completion of this project.  The HOA has requested the park located on West Bayshore within the subdivision be named in his honor.  They would like to have a sign with his name placed at the entrance to the park and a bench placed near the playground area where parents may sit while their children play.  The Parks & Recreation Advisory Board has heard this presentation and recommends approval.  The sign would read “Larry Haines Memorial Park”.  Bench cost is $800 and cost for the sign is estimated at $3,000.  Funding for this project would come from account 001 4400 572 5200.  Funding Account No.:      001 4400 572 5200

Staff recommends approval of resolution. 

  1. CITY MANAGER (Ken Parker)

Item 14 -        Resolution No. 12-38 – FDOT JPA Grant Agreement for the Dunlawton Avenue Drainage Improvements Project

 

This approval authorizes the City to enter into a non-matching grant agreement with the FDOT in an amount not to exceed $1.5 million dollars for the construction of the Dunlawton Avenue Drainage Improvements Project. 

The City of Port Orange for several years now has worked toward reducing the probability of future flooding of Dunlawton Avenue in the center of our City. This project has been designed specifically to assist in attenuating the flood waters within the Halifax/Nova Canal that has successfully flooded Dunlawton Avenue several times in the past few years. Property has been purchased recently by the City to serve as additional stormwater ponds. These properties will be used to construct an enlarged interconnected stormwater pond system to assist in the collection of the excessive stormwater run-off.  This pond system and associated stormwater pumping station will assist in keeping this main thoroughfare of Port Orange open as an evacuation route during major flooding events.

Years ago we initially attempted to secure financial support through partnering with surrounding communities and the County of Volusia; however this proved unsuccessful. During the 2012 Legislative Session we were granted approval by the State Legislature, our Governor, Rick Scott, and the FDOT in obtaining this grant approval as well as an accompanying grant from DEP Grant for $1.25 million.

This project also includes a sewer force main extension along Ruth Street which will directly connect our 20” sewer force main from the beach side into our Reclaimed Water Plant Facility in addition to a weir stormwater control structure to be installed within the existing canal. During normal rainfall periods the ponds may be therefore regulated to augment reclaimed water supplies via our existing reclaimed water augmentation system previously constructed with the KenBern Project. We would like to request your approval to accept this grant at this time.   

Funds for this project have been budgeted with the assistance of this grant as well the accompanying FDEP Construction Grant.  Additional funds are also currently available in our Dunlawton Drainage Improvements Project DIP 048 should they be required for any unfunded items.  Bidding is currently scheduled to occur immediately with anticipated construction to commence in November of this year. We request your approval at this time of Res. 12 - 38.  

Project No.:  SSP002                            Funding Account No.: 403-0400-535-6397

Staff recommends approval of Resolution 12 – 38 and the Florida Department of Transportation (FDOT) JPA Agreement for the Dunlawton Avenue Drainage Improvements Project, and authorize the Mayor and the City Manager to sign the Resolution and the JPA /Grant Agreement and all other contract documents as required on behalf of the City.

City Manager Comments: During the last legislative session, the Legislature appropriated funds for the Dunlawton Avenue Drainage Project.  This is the first of two JPA’s for this project.  The second is a JPA with the Department of Environmental Protection.  That JPA is scheduled for the August 28th Agenda.  Originally was scheduled to be on the 8-21-2012 Agenda but a question was raised about a referenced exhibit.  We are obtaining clarification from DEP before that JPA is brought forward.  As soon as the DEP JPA is finalized, this project is ready to be bid.

Item 15 -        Resolution No. 12-39 – Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT) for Median Landscape Improvements on S.R. 421/Dunlawton Avenue in the Town Center Community Redevelopment Area

 

In 2009 Quentin L. Hampton & Associates designed and permitted the subject median enhancements on behalf of the Town Center CRA.  In October 2010, the City approved a landscape license agreement with FDOT in order to fully permit the project.  On September 27, 2011, $220,420 in unrestricted gasoline tax funds was identified to compliment $198,000 in FDOT Landscape Discretionary funds for all of the median landscape refurbishment in Town Center.  The gasoline tax funds will need to be appropriated through a budget resolution after the JPAs are fully executed by FDOT.   The subject JPA is required to secure $98,800 from the FDOT to construct the Dunlawton Avenue portion of the median enhancements from Spruce Creek Road to U.S. 1.   A separate agenda item covers the U.S. 1/S.R. 5/Ridgewood Avenue medians.

Project No.:    TIF 002           Funding Account No.:        301-4300-541.63-97

 

Staff recommends approval of Resolution No. 12-39 approving a Joint Participation Agreement with the Florida Department of Transportation for $98,800 in reimbursement funds for median landscape improvements on S.R. 421/Dunlawton Avenue in the Port Orange Town Center Community Redevelopment Area, and authorizing the Mayor and City Manager to execute all documents required for this purpose.      

 

City Manager Comments: The next two JPA’s related to a median landscape project in the Town Center area.  The City Council authorized the median landscape design in 2009.  Funding began available from FDOT to assist in the median beautification program.  About a year ago, the City Council set aside the funds for the project to match the FDOT funds.  This project is designed, permitted, and ready to bid.  The reason there are two JPA’s is that one applies to Dunlawton and the other applies to Ridgewood. 

 

Item 16-         Resolution No. 12-40 – Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT) for Median Landscape Improvements on U.S. 1/S.R. 5/Ridgewood Avenue in the Town Center Community Redevelopment Area

                       

In 2009 Quentin L. Hampton & Associates designed and permitted the subject median enhancements on behalf of the Town Center CRA.  In October 2010, the City approved a landscape license agreement with FDOT in order to fully permit the project.  On September 27, 2011, $220,420 in unrestricted gasoline tax funds was identified to compliment $198,000 in FDOT Landscape Discretionary funds for all of the median landscape refurbishment in Town Center.  The gasoline tax funds will need to be appropriated through a budget resolution after the JPAs are fully executed by FDOT.   The subject JPA is required to secure $100,000 from the FDOT to construct the Ridgewood Avenue portion of the median enhancements from Dunlawton to the northern City limits.   A separate agenda items cover the S.R. 421/Dunlawton Avenue medians.

Project No.:    TIF 002           Funding Account No.:        301-4300-541.63-97

 

Staff recommends approval of Resolution No. 12-40 approving a Joint Participation Agreement with the Florida Department of Transportation for $100,000 in reimbursement funds towards median landscape improvements on U.S. 1/S. R. 5/Ridgewood Avenue in the Port Orange Town Center Community Redevelopment Area, and authorizing the Mayor and City Manager to execute all documents required for this purpose.

           

J.    COUNCIL COMMENTS

 

Item 17 -        Comments/Concerns from Council Members

 

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

 

 

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