MEMORANDUM

 

 

To:                   Mayor Allen Green

                        Vice Mayor Donald Burnette

                        Council Member Bob Ford

                        Council Member Drew Bastian

                        Council Member Dennis Kennedy

 

From:              Gregory A. Kisela, City Manager

 

Subject:          Agenda Commentary for Regular City Council Meeting of

                        May 21, 2013

 

Date:               May 14, 2013

 

 

  1. OPENING

 

Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call

 

B.   SPECIAL REPORTS, AWARDS, RECOGNITION, AND PROCLAMATIONS

 

Item 4 -           Youth Achievement Award Winner

 

The Youth Advisory Board has selected a winner of the Youth Achievement Award. The winner will be honored at this time.

 

Item 5 -           Atlantic High School Student Government Day

 

Students from the Law and Government Academy at Atlantic High School participated in Student Government Days with the City. Certificates will be provided to the students at this time.

 

Item 6 -           Port Orange Elementary Schools Art Contest Winners

 

The Port Orange Police Department in cooperation with Wal-Mart is promoting crime prevention in the City of Port Orange by sponsoring a Crime Prevention Art Contest at all six elementary schools in Port Orange – kindergarten through fifth grade.  First place winners from each of the six elementary schools will receive a certificate, a new bicycle and a new bicycle helmet.

 

Item 7 -           Representative David Hood

 

At this time, Representative Hood will be present to update Council.

 

Item 8 -           Water/Sewer Meter Update

 

Ken Hooper, Project Manager, will provide Council with an update on the water meter project.

 

C.   BOARD APPOINTMENTS, INTERVIEWS, AND REPORTS

 

Item 9 -           Citizen Advisory Committee for TPO

 

Bobby Ball will provide an update to the City Council related to the Citizen Advisory Committee for the TPO activities.

 

D.   CITIZEN PARTICIPATION (Agenda)

 

Item 10 -        Port Orange Baseball Club – Larry McKinney, Mike Navarra, Tom Strickland

 

Members of the Port Orange Baseball Club will be present to discuss their proposal with Council.

 

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

 

F.    CONSENT AGENDA

 

Item 11 -        Approval of Minutes

 

a.    April 30, 2013 – Special City Council Meeting

b.    May 7, 2013 – Regular City Council Meeting

 

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

 

Item 12 -        Staff Reports - Building Activity Report and Monthly Development Activity Report for April, 2013

 

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 accepting the Staff Reports.

 

Item 13 -        Concurrency and Fair-Share Agreement for Water’s Edge Phase XII Final Plat and Plans Case no. 06-50000004

 

The proposed Concurrency Fair-Share Agreement has been prepared in conjunction with the Water’s Edge Phase XII final plat and plans for the development of 98 single-family homes on approximately 36.2 acres. Phase XII of Water’s Edge is located north of Pioneer Trail, west of Water’s Edge Phase VIII, and east of Airport Road (Exhibit “1”).

 

The traffic impact analysis completed by Ghyabi & Associates projects impacts to the Summer Trees Road extension upon completion of the subdivision. The $91,751 fair-share mitigation payment will go toward the cost of the Summer Trees Road improvement (See Exhibit A-2 of the Concurrency and Fair-Share Agreement).

 

Staff recommends approving the Concurrency and Fair-Share Agreement for Water’s Edge Phase XII Final Plat and Plans.

 

Item 14 -        Second Amendment to Restatement and Amendment to Sewer Services Interlocal Agreement with the Town of Ponce Inlet

 

The Florida Department of Environmental Protection (FDEP) wastewater facility permit requires an Industrial Pretreatment Sewer Use Ordinance to be approved and implemented. Port Orange has completed and approved Ordinance 2012-17 to meet this requirement.  FDEP also requires the Town of Ponce Inlet to develop and implement an ordinance that is at least as stringent as Ordinance 2012-17.  The proposed Second Amendment to the Restatement and Amendment to the Sewer Services Interlocal Agreement meets this FDEP requirement and has been executed by the Town’s Mayor and Town Manager on April 18, 2013. This Agreement is now ready for approval and execution by the City of Port Orange.

 

Staff recommends Approving the Second Amendment to Restatement and Amendment to Sewer Services Interlocal Agreement with the Town of Ponce Inlet; and authorizing the Mayor and City Clerk to sign on behalf of the City.

 

Item 15 -        Fifth Addendum to the Wholesale Service Agreement with the City of Daytona Beach Shores

 

The Florida Department of Environmental Protection (FDEP) wastewater facility permit requires an Industrial Pretreatment Sewer Use Ordinance to be approved and implemented.  Port Orange has completed and approved Ordinance 2012-17 to meet this requirement.  FDEP also requires the City of Daytona Beach Shores to develop and implement an ordinance that is at least as stringent as Ordinance 2012-17. The proposed Fifth Addendum to the Wholesale Service Agreement meets this FDEP requirement and has been signed by the City of Daytona Beach Shores Mayor and City Manager on April 10, 2013. This Addendum is now ready for approval and execution by the City of Port Orange.

 

Staff recommends Approving the Fifth Addendum to the Wholesale Service Agreement with the City of Daytona Beach Shores, and authorizing the Mayor and City Clerk to sign all required documents.

 

Item 16 -        Subordination of SHIP Down Payment Assistance Second Mortgage

 

On October 6, 2008, the City of Port Orange executed a second mortgage and note in the amount of $10,590.00 with Jeffery Culpepper to assist in the purchase of a home located at 45 Summer Trees Road, Port Orange, FL 32128.

 

The City of Port Orange’s Down Payment Assistance is a deferred loan and encumbers the homeowner’s property as a second mortgage.  Bank of America issued the first mortgage in the amount of $81,000.00.

 

On April 26, 2010 the City subordinated its second mortgage to a new first mortgage.

 

Jeffery Culpepper has requested that the City subordinate its second mortgage in favor of another first mortgage provided by Bank of America.  This proposed new mortgage lowers the current interest rate on his first mortgage from 5.5% to 3.875%.  This decrease in interest rate provides a monthly savings in the amount of the mortgage payment.  The mortgage commitment will expire June 13, 2013.

 

Staff has evaluated the information provided by Bank of America and has determined that the homeowners is not including payment of any consumer debt in this proposed new mortgage and they will not receive any cash upon the closing of the loan.

 

Staff recommends authorizing the Mayor and City Clerk to execute a subornation agreement for a new SHIP mortgage loan in the amount of $78,368.00 for the purpose of reducing the monthly principal and interest payments on the home located at 45 Summer Trees Road, Port Orange, FL 32128. (Applicant: Jeffery Culpepper)

 

Item 17 -        Dedication of a portion of the Halifax Drive Right-of-Way & Acceptance of a Non-Exclusive Drainage, Access, Maintenance and Utilities Easement on the East and West side of Halifax Drive as part of the Riverwalk Marina and Riverboat Site Plan

 

Per the Land Development Code (LDC), the ultimate right-of-way width for Halifax Drive between Herbert Street and Ocean Avenue is 50 feet. Currently there is a 40’ right-of-way easement for Halifax Drive. In the general area shown on the attached map (Exhibit “A), an additional 10’ of land and the 40’ easement are to be dedicated to the City as right-of-way. The dedication of right-of-way is required by the LDC for upgrades and improvements of Halifax Drive.

 

The property owner, Halifax River Partners, LLC., is providing the City a portion of the 50’ of right-of-way for Halifax Drive as part of the Riverwalk Marina and Riverboat site plan.  Attached is a copy of the Deed of Dedication, prepared by the City Attorney’s Office for the area to be dedicated.

 

Halifax River Partners, LLC., is also providing the City a 12’ non-exclusive drainage, access, sidewalk, maintenance and utilities easement on the east and west side of Halifax Drive as part of the Riverwalk Marina and Riverboat site plan (Exhibit “A).

 

Staff recommends accepting the dedication of a portion of the Halifax Drive right-of-way and a 12’ non-exclusive drainage, access, sidewalk, maintenance and utilities easement on the east and west side of Halifax Drive.

 

Item 18 -        Approval of Change Order #2 to Increase Purchase Order #067390 for A.G. Pifer Construction Co. in the amount of $5,762.39 to complete the improvements to City Center Ball Fields

 

It will be necessary to increase the blanket purchase order #067390 to A. G. Pifer Construction Co. in the amount of $5,762.39 to complete the improvements to the City Center Ball Fields.  The additional funds will cover the following:

 

Additional 712.95 SF of 4” thick concrete                                   $4,349.00

Additional 1 ea. 6’x12’ gate                                                              1,150.00

Additional grading for Field #4 sidewalk ramp                                150.40

Additional 2% bond                                                                                       112.99

                                                                                    Total             $5,762.39

                                                                                               

 

Project No.:    QPC 040        Funding Account No.: 315 5100 572 6397

 

Staff recommends approving the change order to increase the purchase order by $5,762.39 to A.G. Pifer to complete the improvements to the City Center Ball Fields. 

 

Item 19 -        90-Day Extension of Contract with CPH for Land Management Services and Addendum No. 2 for Tortoise Mitigation Bank Reporting

 

The City has contracted with CPH for land management services including forestry, wetland and tortoise bank mitigation monitoring and control burning for the past five-years.  A new RFP was recently advertised and is currently under review.  Due to the extended time to review and rank new firms, CPH has been willing to continue to provide base services to the City under the same terms and conditions of the original contract for the period of March 1, 2013 through May 31, 2013, except as approved for Amendment No. 2.  The total not to exceed amount of $14,000 includes three months of base fees and services plus fire disking and one control burn of approximately 500 acres.  The extension of the base contract provides the City with ongoing services while the new ranking, selection and agreement for land management services is finalized.  Amendment No. 2, in an amount not to exceed $12,100, includes additional work required by the State of Florida as a condition of the Gopher Tortoise Recipient Site permit.  This report is due once every three years.

Project No.: EFM001                       Funding Account No.: 420-1000-536.31-63 and         

                                                                                                     416-0300-536.31-13                  

Staff recommends approving a ninety (90) day contract extension with CPH for land management services in an amount not to exceed $14,000, Amendment No. 2 for tortoise mitigation bank reporting in an amount not to exceed $12,100 and authorize the Mayor and City Clerk to execute all required documents.

Item 20 -        Approve the sale of scrap water meters to Trademark Metals

 

Purchasing obtained the following three quotes for the sale of scrap water meters:

Trademark Metals submitted the highest scrap price at $1.95 per pound.  Staff recommends the City approve the sale of scrap water meters to Trademark Metals.

Item 21 -        Contract Extension for Fuel Purchases, Volusia County Cooperative Bid #09-B-30VO

 

In 2009, the City of Port Orange participated in a cooperative fuel bid consortium facilitated by the County of Volusia on behalf of several named local municipalities. The bid was awarded to three vendors: Glover Oil, Mansfield Oil, and Watkins Oil. This selection provided lowest overall pricing from multiple sources, important during high demand, low supply situations. On May 2, 2013, the County of Volusia renewed extension of the contract with all suppliers named. Different vendors are used due to various tank capacities and site specific delivery constraints and changing prices.

 

Mansfield Oil Company and Glover Oil Company were able to renew at the same pricing level for the final year of the contract. Watkins Oil Company will not be able to renew at the same price due to the expiration of a supply contract agreement. Watkins Oil Company has requested a 5 cent per gallon increase in its delivery costs as a result, allowable under the current contract section 2.28, Unusual Cost. With the requested increase, Watkins Oil Company is still the low bid for small tanker deliveries, required for specific consortium locations with smaller tanks. Staff is satisfied with the performance of the vendors and recommends council approve the 4th and final renewal term through May 7, 2014. We are requesting authorization of the purchases as presented in the table below.

 

Vendor

Department

Account

Amount

Glover, Mansfield, or Watkins Oil

Public Works (inventory)

001-1000-519-5202

$580,000

Glover, Mansfield, or Watkins Oil

Public Utilities

401-0600-536-5210

$  40,000

Glover, Mansfield, or Watkins Oil

Fire

001-3100-522-5210

$  15,000

Glover, Mansfield, or Watkins Oil

Parks & Recreation

001-4400-572-5210

$    2,500

Total Budget

 

 

$  637,500

 

G.   COMMUNITY DEVELOPMENT (Wayne Clark)

 

Item 22 -        Second Reading – Ordinance No. 2013-5 – LDC Text Amendments/Chapters 2, 12, 17, and 18 (Ridgewood Corridor Plan Implementation), Case No. 13-25000001

 

On February 28, 2013, the Planning Commission recommended approval of the subject Land Development Code (LDC) Amendments.

 

On January 15, 2013, the Ridgewood Corridor Plan (RCP) was adopted by the City Council (Resolution 13-2). The main objectives of the RCP are to improve the corridor by making it more attractive, improving its economic position, and minimizing activities that discourage investment.

 

The proposed amendments are one of the initial steps in the implementation of the RCP. The first three amendments were identified in the short-term strategies section of the RCP:

 

1. Remove “construction contractor’s yard and storage” and “motel” as permitted uses in the RD zoning district;

2. Allow alternative surfaces for parking lots south of Dunlawton Avenue; and

3. Allow drought tolerant landscape material in the Ridgewood Avenue landscape buffer.

 

In addition, there are two other proposed amendments to clarify regulations for residential uses in the Ridgewood Development (RD) District and to prevent inconsistency between the Comprehensive Plan and the LDC.

Staff recommends adopting Ordinance No. 2013-5, amending Chapters 2, 12, 17 and 18 of the Land Development Code (LDC), as recommended by the Planning Commission and amended based on City Council direction.

 

H.   PARKS & RECREATION (Susan Lovallo)

 

Item 23 -        Net casting in City Lakes and Retention Ponds

 

Net casting occurs at many of the cities retention ponds and lakes.  This activity may sometimes result in unwanted debris being left behind and some citizen concerns as to the amount of fish taken and the effects it will have on the eco system of the lakes. We are asking council to discuss and provide direction as to whether or not they want to limit, prohibit or monitor this activity.

 

Our ponds vary in types we have some ponds that are tidal, some are strictly freshwater retention ponds and some are brackish and have both saltwater and freshwater species. The Florida Wildlife Commission does not allow games fish to be taken by nets only pole, line and hook.  This would include bass, crappie, bream, redfish, snook, etc.  It does allow for bait fish, mullet and tilapia. Much of the larger fish seen taken from City Center recently have been tilapia.  Tilapia is considered an invasive species therefore there are no restrictions.

 

Additional information is attached for the discussion.

 

I.      CITY ATTORNEY (Margaret Roberts)

 

Item 24 -        City Attorney’s Report

 

The City Council asked that the Agenda format include an agenda item that would allow the City Attorney to report and update City Council members.

 

J.    ADMINISTRATION (Greg Kisela)

 

Item 25 -        City Manager’s Report

 

This has been placed on the agenda so that the City Manager can bring items to the City Council attention and to provide information to the City Council about ongoing city activities.

 

K.   COUNCIL COMMENTS

 

Item 26 -        Audit & Budget Advisory Board nominations/appointments by Council

 

Council has approved the creation of an Audit & Budget Advisory Board and now needs to nominate and appoint members to the Board. Each Council Member, as well as the Mayor is to select one member to serve as outlined in the Ordinance.

 

Item 27 -        Comments/Concerns from Council Members

 

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

 

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