MEMORANDUM

 

To:                   Mayor Allen Green

Vice Mayor Robert 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

September 4, 2012

 

Date:               August 29, 2012

 

 There will be no meeting prior to the Regular City Council Meeting which is scheduled to convene at 7:00 p.m.  This is the first advertised public hearing on the budget. 

 

A.   OPENING

 

Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call

 

B.   PUBLIC HEARING

 

Item 4 -           Discussion of Proposed Millage Rate FY 11/12

 

During July, the City Council discussed the budget and the millage rate.  The preliminary millage rate is below the roll back rate.  It maintains the current millage rate. 

 

City Manager Comments: The City Council set the tentative millage at 4.95 mills which is the same millage rate as last year.  This is below the rollback rate. 

 

Item 5 -           Resolution No. 12-50 – Adopting the Tentative Millage Rate for FY12/13

 

The attached Resolution will approve the tentative Millage Rates for FY12-13.

 

Staff recommends approval of Resolution No. 12-50.

 

Item 6 -           Resolution No. 12-51 – Adopting the Tentative Operating Budget for FY12/13

 

The attached Resolution will approve the tentative Operating Budget for FY12-13.

 

Staff recommends approval of Resolution No. 12-51.

 

City Manager Comments: The budget has been adjusted in accordance with the City Council’s final review on Tuesday, August 28, 2012.

 

Item 7 -           Resolution No. 12-52 – Adopting the Tentative Capital Budget for FY12/13

 

The attached Resolution will approve the tentative Capital Budget for FY12-13.

 

Staff recommends approval of Resolution No. 12-52.

 

City Manager Comments: The City Council reviewed the 5 year CIP and adopted the CIP at the first meeting in August.  The first year of the CIP is incorporated into the 2012-13 Budget.  The City Council has indicated that it would like to do a comprehensive workshop on the out years of the Capital Improvement Program.  This workshop session will be scheduled in October.

 

Item 8 -           Resolution No. 12-53 – Adopting the Tentative Millage Rate for FY12/13 for Town Center CRA Tax Increment District

 

The attached Resolution will approve the tentative Millage rate for the Town Center tax increment district for FY12-13.

 

Staff recommends approval of Resolution No. 12-53.

 

City Manager Comments: The CRA and the City Council have reviewed the Town Center budget and millage rate.  The City’s millage rate has to be the same as what has been adopted for the operating budget.  The other two partners, Volusia County and Halifax Hospital, will be adopting their millage rates during the month of September.  We have used their proposed rates when preparing the budget for the upcoming fiscal year.

 

Item 9 -           Resolution No. 12-54 – Adopting the Tentative Operating Budget for FY12/13 for Town Center CRA Tax Increment District

 

The attached Resolution will approve the tentative Town Center tax increment district operating budget for FY12-13.

 

Staff recommends approval of Resolution No. 12-54.

City Manager Comments: The budget has been recommended by the Town Center CRA.

 

Item 10 -        Resolution No. 12-55 – Adopting the Tentative Millage Rate for FY12/13 for Eastport CRA Tax Increment District

 

The attached Resolution will approve the tentative Millage Rate for the Eastport tax increment district for FY12-13.

 

Staff recommends approval of Resolution No. 12-55.

 

City Manager Comments: The CRA and the City Council have reviewed the Eastport  budget and millage rate.  The City’s millage rate has to be the same as what has been adopted for the operating budget.  The other two partners, Volusia County and Halifax Hospital, will be adopting their millage rates during the month of September.  We have used their proposed rates when preparing the budget for the upcoming fiscal year.

 

Item 11 -        Resolution No. 12-56 – Adopting the Tentative Operating Budget for FY12/13 for Eastport CRA Tax Increment District

 

The attached Resolution will approve the tentative Eastport tax increment district operating budget for FY12-13.

 

Staff recommends approval of Resolution No. 12-56.

 

City Manager Comments: The Eastport CRA Board has reviewed the CRA Budget and recommends approval.

 

C.   EASTPORT CRA MEETING

 

·         Drainage Improvements at Glades Court

·         Rejection of Bid Award – Eastport Business Center Signage, Bid #12-7

 

D.   CITIZEN PARTICIPATION (Agenda)

 

Item 12 -        Port Orange/South Daytona Chamber of Commerce Quarterly Report

 

At this time Council will hear the quarterly report from the Port Orange/South Daytona Chamber of Commerce.

 

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

 

F.    CONSENT AGENDA

 

Item 13 -        Approval of Minutes

 

a.    August 21, 2012 – Regular City Council Meeting

b.    August 28, 2012 – Special 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 14 -        Construction Activity Report

 

Attached is the update on construction projects from Quentin L. Hampton Associates, Inc.  Staff recommends acceptance of the report.

 

Item 15 -        Parks & Recreation Project Updates

 

Attached is the update on Parks & Recreation projects. Should you have any questions, please contact Susan Lovallo or me.

 

Item 16 -        Addendum Number 1 to Amendment Number 3 with Zev Cohen & Associates for Coraci Multi-Purpose Field

 

In order to provide reclaimed water to the multipurpose field and to connect the existing four ball fields to the reclaimed system, additional design work is required. Staff believes it is in the City’s best interest and most cost-effective to do this in conjunction with the bidding and construction of the multi-purpose field. The additional design work is $4,456. The construction of the new reclaimed lines is estimated at $45,000 which is proposed to be paid through the public utilities cost sharing fund. The design will be bid in conjunction with the rest of the project.

 

Project No. QPC 034           Funding Account No. : 405-0400-535.63-97

 

Staff recommends approval of Addendum 1 to Amendment 3 with Zev Cohen & Associates, Inc. in the amount of $4,456 for the design, permitting, bidding and construction administration services related to adding reclaimed water connections to the Coraci Multi-Purpose Field Project.

 

Item 17 -        License Agreement for effluent reuse and fiber optic pipelines installed on property owned by FP&L Company

 

This license agreement authorizes the City, as Licensee, to continue operation, maintenance, repair and removal of a single underground effluent reuse pipeline and a single underground conduit pipe containing fiber optic strands for government communications only on land owned by Florida Power and Light Company subject to revisions and approval of paragraph 14 by the City Attorney and City Manager.

 

The original 5-year license agreement is due to expire on September 30, 2012.  The agreement as proposed by FPL provides for a 5-year renewal term (through September 30, 2017) at the current rate of $1,420 per year.

Project No: N/A         Funding Account No:  50107005904610

 

Staff recommends approval of the 5-year renewal of a license agreement (FPL License #0023-SD-1978) with FPL for city-owned underground pipelines on FPL property, and to authorize the City Manager to execute all documentation necessary to effect that renewal on the terms and conditions as proposed. 

 

Item 18 -        Engineering Services for the Police Shooting Range Facility

 

Pursuant to R.F.S.Q 2010-06, a contract for Professional Engineering Services for Site Development was entered into between Zev Cohen & Associates, Inc. and the City of Port Orange on November 9, 2010.  The Port Orange Police Department is requesting approval of Amendment Number 4 with Zev Cohen & Associates, Inc. to provide professional engineering services for the police shooting range facility.  Zev Cohen & Associates, Inc. will provide assistance in developing the scope of work for the RFP, contractor selection, project management and design closeout.  The total cost of work to be performed under this Amendment shall not exceed $31,000 and the hourly rates as set forth in the Contract.

 

Project No.:    200831                                  

 

Funding Accounts:

Account 314 – 2006 GO Bond

Account 607 – State Forfeiture Funds

Account 625 – Federal Forfeiture Funds

 

Staff recommends approval of Contract Amendment Number 4 with Zev Cohen & Associates to provide professional engineering services for the police shooting range facility.

 

Item 19 -        County of Volusia Interlocal Agreement for Provision of Municipal Services

 

For years the County of Volusia has provided traffic signal maintenance for all of the traffic signals located within the Port Orange jurisdiction.  The majority of the twenty signals serve State and County roadways.  Pedestrian signals and emergency flashers are also located on local on City streets.  (A complete list is included in the agreement.)  It should be noted that the City serves as a broker for maintaining many of the signals.  Specifically, FDOT reimburses the City under a separate agreement for overseeing signal maintenance on their behalf.  While the County agreement lists a figure of $40,000, billing is based upon actual hours.  Based on historical cost, we estimate the annual cost to be approximately $33,300 for FY13.

 

This year, the County has requested a formal agreement covering these services. The agreement is for a 3-year period.  In addition, the agreement includes language enabling the City to request assistance from County crews in other disciplines of their Road & Bridge Division, such as roadway and drainage system maintenance.

Project No.:    None              Funding Account No.: PW 001-4300-541-4611

 

Staff recommends approval of Resolution No. 12-?? and the County of Volusia Interlocal Agreement for Provision of Municipal Services, and to authorize annual cost of services in the amount of $40,000 for traffic signal maintenance, and to authorize the Mayor & City Manager to execute the interlocal agreement and other related documents, as necessary, subject to approval of the FY13 operating budget.

 

City Manager Comments: The City of Port Orange uses Volusia County to provide traffic control services for our traffic signals.  The County has changed its standard agreement this year.  They have included in the Interlocal Agreement other services they can provide and the pricing of those services. 

 

Item 20 –       Approval of Vendor for the fuel system contract to E.J. Ward, Inc. based on GSA contract pricing

 

Staff recommends approval of the selection of EJ Ward per GSA contract pricing for the fuel system contract.  It is recommended that purchasing procedures be waived because this system’s standard interface file will interface with the HTE vehicle maintenance system.  System cost for hardware and software is $158,961.82.

 

Note:  Purchase of system is subject to budget approval.

 

Project No.:    N/A                             Funding Account No.:       503-4500-519-64-00

 

Staff recommends waiver of the bidding requirements pursuant to Section 2-267 of the Code of Ordinances and approve the selection of sole source vendor, EJ Ward based on GSA contract pricing.

 

Item 21 -        Renewal of Continuing Engineering for Site Development Services Contracts

 

The City presently has three continuing engineering services contracts for site development. The engineering firms were originally selected in conjunction with RFSP 10-06. The three contracts commenced on October 1, 2010 and terminate on September 30, 2012. The contracts are renewable by the City for two additional two-year terms by mutual agreement of the parties on the same terms and conditions. The contracted engineering firms are CPH Engineers, Kimley-Horn and Associations, and Zev Cohen and Associates.

 

Staff recommends authorization to renew and extend three continuing engineering services contracts for two years.

 

G.   TABLED ITEMS

 

Item 22 -        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: The applicant has requested that this item be removed from the table and proceed with second reading on September 18, 2012. The City Clerk has advertised for same. The City Council agreed to a settlement in November 2011.  This is the Future Land Use change that was included as part of the settlement agreement. The item will remain on the table until September 18, 2012.

 

H.   FINANCE (John Shelley)

 

Item 23 -        Resolution No. 12-49 – Budget Appropriations (BER)

 

The City Staff has completed a Budget Execution review of the Fiscal Year 2012 through July 2012. The attached budget resolution provides for the recognition of the budget changes recommended from this review.

 

Staff recommends approval of Resolution No. 12-49.

 

I.      PUBLIC SAFTEY (Jerry Monahan)

 

Item 24 -        First Reading – Ordinance No. 2012-21 – Amendment of Section 70-33 increasing fines and amending procedure for enforcement of parking violations

 

Currently, the City of Port Orange fine schedule provides for parking fines of $15.00 for all violations except for handicap parking violations which are $100.00. This $15.00 fine amount has proven insufficient for deterring parking violations throughout the City. This proposed ordinance amendment increases the parking fine amount from $15.00 to $30.00 which is the statutory maximum fine allowable for non-moving traffic violations (318.18 F.S.). This amendment also updates the description of the process for enforcement of parking violations through prosecution to accurately reflect the current process employed.

 

Staff recommends approval of Ordinance 2012-21.

 

Item 25 -        Resolution No. 12-46 – NSB Motorcycle Training Release and Hold Harmless Agreement

 

The City of New Smyrna Beach is holding a motorcycle operations course. NSB requires a Release and Hold Harmless Agreement for participants from other jurisdictions. We would like to send one of our officers to this course which has proven to be a valuable training tool in the past.

 

Staff recommends approval of Resolution 12-46 ratifying the Agreement between the City and New Smyrna Beach.

 

J.    ADMINISTRATION (Ken Parker)

 

Item 26 -        Second Reading - Ordinance No. 2012-18 – Regulating the Official City Seal

 

The current City of Port Orange seal has been used by Staff since 1989 but was never officially adopted by City Council.  It has been the past practice of the organization to use the city seal in the operations of the city or as otherwise authorized by the city council.  State law permits the city to recognize the city seal by ordinance and to regulate its use.  The ordinance will clarify the proper and approved usage of the City’s Seal.

 

Staff recommends Council adopt the City’s seal pursuant to the provisions included in the attached Ordinance.

 

Item 27 -        Resolution No. 12-47 – Amending Wetland Mitigation Bank Policies as a Result of Additional Credit Acquisition

 

The City owns and operates a Wetland Mitigation Bank within the boundaries of the central wellfield under St. Johns River Water Management District Permit No. 4-127-64024-1 and Department of Army Corp of Engineers Permit No. SAJ-2003-7849.  Policies and fees for the Mitigation Bank were established by Resolution No. 06-59 and most recently revised by Resolution No. 10-81.

 

The City previously set aside a specific number of wetland mitigation credits for City projects and made the remainder available for private development meeting the criteria established in the resolution.  Because the City was just notified by SJRWMD that they were releasing an additional 85.9 state wetland mitigation credits into the City’s bank and because it has been approximately two years since the policies and fees were last reviewed the resolution is in need of revision.

 

The attached Resolution would reserve half of the new credits for City-related projects.  No change in per acre pricing is proposed.

 

Staff recommends approval of Resolution No. 12-47 allowing for the redistribution of additional state and federal wetland mitigation credits.

 

Item 28 -        Resolution No. 12-57 –Smart Meter Program – Florida Power & Light

 

Resolution No. 12-57 is attached, and Staff recommends approval of same.

 

K.   COUNCIL COMMENTS

 

Item 29 –       Comments/Concerns from Council Members

 

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

 

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