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
October 15, 2013
Date: October 10, 2013
Item 1 - Pledge of Allegiance
Item 2 - Silent Invocation
Item 3 - Roll Call
B. SPECIAL REPORTS
Jeff Feasel will be present to discuss Halifax Hospital items.
C. BOARD APPOINTMENTS, INTERVIEWS, & REPORTS
Bobby Ball will provide an update to the City Council related to the Citizen Advisory Committee for the TPO activities.
Chairman Ted Noftall and other members will be in attendance to provide details of the Board’s recent meeting and answer any questions Council may have.
D. CITIZEN PARTICIPATION (Non-Agenda – 15 Minutes)
E. CONSENT AGENDA
Item 7 - Approval of Minutes
Attached are the City Council meeting minutes from recently held meetings. Should you have questions, please feel free to contact Robin or me.
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 requests approval to utilize the NJPA contract with Lambert Automotive Supply in the amount noted.
Funding Account No.:503-4500-519-5200 $10,000.00
Funding Account No.:503-4500-519-5220 $35,000.00
Staff recommends waiving formal bidding procedures and approving a multi-year contract with Lambert Automotive Supply, Inc., a franchisee of Genuine Auto Parts, to piggyback National Joint Powers Alliance (NJPA) Contract No. 031212-GPC, Price Profile 9071, for the purchase of auto and truck parts and related equipment, accessories, supplies and service, approving an expenditure of $45,000.00 for FY 2014 under the contract, and authorizing the Mayor and City Clerk to execute required contract documents.
Pace Analytical Services provide specialty laboratory analysis required by the regulatory agencies. These services are utilized in the Water and Wastewater Plants operating permits and protocol including the Industrial Pretreatment Program.
Funding Account No.: 401-0824-536-3113
Staff recommends approving the attached Piggyback Agreement for the purchase of Lab Analysis and Sampling as established by contract through the County of Volusia and Pace Analytical Services, Inc., Bid #09-B-76-KW. This is not to exceed the amount of $35,000.00 and will expire July 26, 2014.
This is for certified calibration of flow meters and analyzers required by the Florida Department of Environmental Protection to keep up in compliance with our operating permit, calibration of level sensors and for maintenance services/repairs to meters and sensors. The same instrumentation contractor is utilized to keep consistence in accuracy between Volusia County’s Spruce Creek Fly-In sewer meter at 1 Lindy Loop and the Cities backup Spruce Creek Fly-In sewer meter at the Sanctuary Subdivision.
Funding Account No. 401-0800-536.31-13
Staff recommends approval of the attached Piggyback Agreement with the County of Volusia and Central Florida Controls for Instrumentation and Repair Services, not to exceed $5,000 and the authorization for the Mayor and City Clerk to sign contract documents on behalf of the City.
Item 12 - Major Special Event Request – Lighthouse Loop Half Marathon @ DJ’s Deck at 79 E. Dunlawton Avenue, Aunt Catfish Restaurant at 4009 Halifax Drive, and Panheads Pizzeria at 4085 Ridgewood Avenue
City staff has received a special event request from Jennifer Florida, race director for the second annual Lighthouse Loop Half Marathon. The proposed hours of the event are from 7:00 a.m. until 12:00 p.m. on October 27, 2013. The event is to raise money for the ten Volusia County High School athletic programs. The event will start at DJ’s Deck located at 79 E. Dunlawton Avenue. Runners will proceed south to the Ponce Inlet Lighthouse and then will race back north and finish at Aunt Catfish Restaurant located at 4009 Halifax Drive. There will be an awards ceremony after the completion of the race at Panheads Pizzeria located at 4085 Ridgewood Avenue. The ceremony will include designated areas for refreshments, a live DJ, and sponsor exhibit tents. There will be port-o-lets and trash receptacles on site for the ceremony events.
Additionally, the event director has requested the waiver of the surety bond due to past good performance in clean-up after last year’s event. The cost of the surety bond is determined by the City Council as outlined in Chapter 58, Article III of the City of Port Orange Code of Ordinances, and has generally been set at $250.00 when required for past events. This is the same event that was approved last year for the Inaugural Lighthouse Loop Half Marathon.
Staff recommends approving the special event request for the West Volusia and Volusia Coastal Runners known as the Lighthouse Loop Half Marathon subject to the eight conditions in the attached staff report.
The Capital Improvement Plan for FY 2013/2014 includes provisions for replacement of many aging potable water services. Leaking / failed potable water services contribute to considerable dollars lost each year and expensive water service repairs. This proposed program will continue the City’s efforts to maintain the water distribution system in an acceptable condition as well as to reduce night time callouts and after hour overtime repairs. The areas currently planned for replacement include Beacon Woods, Laurelwood, Willow Trail, Cambridge Estates, Foxboro I and II, and Tree Top.
QLHA has previously prepared very similar bid documents for the Water System Replacement Project 2012. QLHA has agreed to provide similar assistance in the preparation of the bid documents required for this project. No engineering design is required for this project. Prospective bidders will be provided with copies of existing as-built drawings for their use in bidding and also for the reinstallation of new water services during the actual construction process.
Construction Management will be as per our existing QLHA contract terms with inspection services provided thru our existing contract with DMC. Staff recommends that QLHA be authorized to provide the services as contained in Addendum 95, including the attached cost proposal. To that end, the addendum has been drafted for the purpose of formally adding this work to the existing Quentin Hampton and Assoc. contract. Funds are currently budgeted in the Water System Replacement, URP001. (Fiscal year 2014 dollars have been budgeted for the actual construction contract award).
Project No.: URP001 Funding Account No.: 421-0800-533-6397
Staff recommends approving Addendum No. 95 to the 1980 contract with Quentin L. Hampton Associates Inc. in the amount of $16,695.00, and authorizing the Mayor and City Clerk to sign all required contract documents.
In response to post 9-11 Homeland Security requirements, the Public Utilities Department and Information Technology Department utilized Diamond Quest to provide video surveillance systems to all City facilities. In 2012 Council validated Diamond Quest as a sole source provider of video surveillance systems, including installation and maintenance.
Funding Account No.: PU 40106005364611 $15,145.00
IT 50107005194610 $26,132.00
Staff recommends approving annual support with Diamond Quest for surveillance camera maintenance, upgrades and repair per attached quotes #46744-PU, #46744-IT/PW, for the total amount of $41,277.00.
Staff requests approval for contractual agreements with McGee Tire Store and Boulevard Tire in the amount noted.
Funding Account No.: 503-4500-519-5220
Staff recommends waiving the formal bidding requirements and authorizing multi-fiscal year Piggyback Agreements with Earl W. Colvard, Inc. d/b/a Boulevard Tire Center and McGee Tire Stores, Inc. for the purchase of tire brands other than Goodyear under the Florida Sheriffs Association and the Florida Association of Counties Cooperative Bid No. 14/15-06-0131 in a collective amount not to exceed $15,000.00 for FY14, and authorizing the Mayor and City Clerk to execute necessary contract documents.
Staff requests approval for contractual agreements with McGee Tire Store and Boulevard Tire in the amount noted.
Funding Account No.: 503-4500-519-5220
Staff recommends waiving the formal bidding requirements and authorizing multi-fiscal year Piggyback Agreements with Earl W. Colvard, Inc. d/b/a Boulevard Tire Center and McGee Tire Stores, Inc. for the purchase of Goodyear brand tires under the State Contract #863-000-10-1 in a collective amount not to exceed $40,000.00 for FY14, and authorizing the Mayor and City Clerk to execute necessary contract documents.
This proposed City Cost Participation request from Atlantic Marine has recently been reviewed and evaluated. We believe the proposed construction will not only provide needed fire protection to this proposed development but will also provide improved fire protection to the surrounding area. City staff has met with the proposed developer and his engineering consultant and are now in agreement on the water system improvements necessary to meet the Land Development Code requirements as well as to improve the looping and upsizing of the water system from 6” to 10”. This will assist in providing the needed water flow and pressure to protect the planned future building.
Therefore, staff recommends approval of this cost participation / cost sharing request. Similar projects involving upsizing of waterlines crossing major highways and along established highway corridors have been Cost Participated in this manner in the past.
Funds are currently available in the City Cost Participation Project to assist the developer and reimburse them for a portion of these construction costs.
Project No.: UCP001 Funding Account No.: 405-0800-533-6397
Staff recommends approving a City Cost Participation request in 50% City Cost Participation Funds for an amount not to exceed $33,500 in order to install a 10” Waterline across and along Dunlawton Avenue from Ruth Street to Lemon Street and authorizing the Mayor and City Clerk to sign all required contract documents.
The Dunlawton Drainage Improvements & Halifax Canal Reclaimed Water Augmentation Project is being completed on schedule at this time with the exception of the material delivery of the Leaf Gate to be utilized for controlling the water flow in the Halifax Canal. The contractor has recently requested a time extension to our existing contract of an additional 30 days. We believe that this request is reasonable under the circumstances presented. We therefore request your approval of this minor time extension at this time.
FDEP and FDOT Grants were acquired for $1.25 million and $1.5 million respectively and also a FEMA Grant for $570,553 was also obtained to fully fund the construction of this project. Project costs are currently running under the original and existing contract amount of $ 2,929,155.
Staff recommends approving Change Order #1 to the contract with Masci Construction (Bid for an additional 30 day time extension making then final completion date December 17, 2013, and authorizing the Mayor and City Manager to sign and execute all required associated contract documents on behalf of the City. Project DIP048
Public Utilities is currently using Data Flow equipment to remote monitor and control 140 facilities within the City’s utility service area, including lift stations, wet wells, storage tanks, Water Plant and the Reclaimed Water Plant. Standardization of all telemetry equipment within the City’s utility system is paramount for reliable communications and cost effective service contracts.
Funding Account No.: 401 0600 536 4610
Staff recommends waiving normal bidding procedures and approving the purchase of telemetry control equipment from Data Flow Systems, Inc., in the amount not to exceed $25,000.00, and the authorization for the Mayor and City Clerk to sign contract documents on behalf of the City.
Twin Disc Southeast is a Sole Source Supplier for Tatra products, parts, and service. They are the only distributor in the State of Florida. Staff recommends approval of expenditure for repair as stated above. The approved costs includes $500.00 for shipping.
Funding Account No.: 505-1000-519.64-00
Staff recommends approval to allow Twin Disc Southeast to provide parts and labor to rebuild the transmission and torque convertor at a cost of $52,142.96. This will extend the useful life of the apparatus.
F. COMMUNITY DEVELOPMENT (Wayne Clark)
At its August 22, 2013 meeting, the Planning Commission recommended approval, 7-0, of the request to rezone +/- 25.6 acres, located at 2165, 2173, and 2183 Tomoka Farms Road Volusia County Rural Agriculture (A-2) to City of Port Orange Agriculture (A).
The subject property was recently annexed into the City of Port Orange from Volusia County. The Future Land Use designation for the property has already been changed from Volusia County Rural to City of Port Orange Rural Transition. The final step in the process is to change the zoning designation to an equivalent City zoning designation. The City of Port Orange Agriculture (A) zoning designation was selected because it is equivalent to the residential density limit in the Volusia County Rural Agriculture (A-2) zoning designation.
Staff recommends adopting Ordinance No. 2013-17, rezoning +/- 25.6 acres located at 2165, 2173, and 2183 Tomoka Farms Road from Volusia County Rural Agriculture (A-2) to City of Port Orange Agriculture (A), as recommended by the Planning Commission.
Item 22 - First Reading – Ordinance No. 2013-19 - Ordinance Approving the Restatement of the 1st Amendment to the Master Development Agreement for the Nova Depot Planned Commercial Development Case No. 13-40000003
The 1st Amendment to the Master Development Agreement (MDA) and Conceptual Development Plan (CDP) for the Nova Depot Planned Commercial Development (PCD) was originally approved by the City Council and recorded in May 2013. The property owner included language in the MDA that the amendment would expire and revert back to the original MDA if the developer did not close on the property within 60 days of recordation of the 1st Amendment. The developer was unable to meet the 60-day deadline and the amendment expired. The proposed restatement, if approved, will extend the expiration date of the amendment to allow for the developer to finalize the purchase of the property and provide the regulatory framework and development requirements for three commercial lots.
There are no other proposed changes to the proposed MDA or CDP. The staff report and attachments are the same information and materials presented to the City Council in March.
Staff recommends adopting Ordinance No. 2013-19, the Restatement of the 1st Amendment to the Nova Depot Planned Commercial Development Master Development Agreement (MDA), as recommended by the Planning Commission.
The Port Orange City Council approved the transmittal of the subject plan amendments to the Department of Economic Opportunity (DEO) and other review agencies, per Resolution No. 13-29, at a public hearing held on June18, 2013, as recommended by the Planning Commission.
In 2009, a Comprehensive Plan Amendment, related to the project referred to as Woodhaven, shifted an approximately 70-acre commercial node near the southern end of the subject property with adjacent residential land use at varying densities. Since that time, as part of the 2010 Comprehensive Plan Update, the city created a mixed-use Future Land Use (FLU) category to provide for flexible development patterns.
The applicant is proposing to change the commercial node and some of the area around it to this Mixed-Use Center category with an associated limitation on the overall density. The proposed amendment consists of two requests:
1. Change the FLU designation of ±119 acres of the overall 730 acres from Commercial, Rural Transition, and Suburban Residential to Mixed-Use Center.
2. Amend FLU Element Policy 3.2.3, that provides density/intensity limits for the overall property, to limit the maximum number of residential dwelling units to 1,338 for the portion of the property west of I-95, which is consistent with the density allowed by the currently adopted FLU map.
Staff recommends adopting Ordinance No. 2013-20, amending the City’s Comprehensive Plan Update for Case No. 13-20000001, and authorizing staff to send the adopted amendment to the required review agencies.
The Master Development Agreement (MDA) for the Planned Unit Development (PUD) designation constitutes a zoning document for the property, establishing permitted uses and certain development requirements. It does not grant approval of any specific development itself, but rather establishes parameters for how the property can be developed.
The 983-acre PUD is generally located south of Spruce Creek and north of Pioneer Trail. The proposed development will be accessed from Williamson Boulevard and Martin Road. The original Stanaki PUD dates back to 1997 (with an amendment in 2001). The subject PUD amendment and restatement is intended to bring the PUD into compliance with the Comprehensive Plan and is tracking through the review process concurrently with the proposed 2013-1 Comprehensive Plan amendment. The MDA states that the proposed development will consist of a maximum of 1,338 residential units (distributed within the Residential and Mixed-Use Pods) and a maximum of 650,000 square-feet of non-residential uses (commercial, office, and institutional) located within the Mixed-Use Pod at the south end of the property.
PLANNING COMMISION ACTION: September 26, 2013, recommended approval, (7-0)
Staff recommends adopting Ordinance No. 2013-21, approving the 2nd Amendment and Restatement of the Stanaki (Woodhaven) Master Development Agreement and Conceptual Development Plan, dated 9-16-13, as recommended by the Planning Commission.
The proposed amendment is to change the Future Land Use (FLU) designation from Commercial to Urban High Density Residential (8-16 units/acre) for ±13 acres (amendment area) of an overall ±18.7-acre property. The ±13-acre amendment area is located on the southeast corner of Williamson Boulevard and Oakwater Lane. The remaining ±5.7 acres are not included in the proposed amendment and would retain the current Conservation designation.
The proposed FLU amendment is generally consistent with the City’s Comprehensive Plan policies, such as the locational criteria for the Urban High Density Residential designation, public facilities have adequate capacity to accommodate the proposed amendment, no change to the Conservation FLU designation on wetland areas within the overall property, and it is compatible with adjacent land uses. However, the proposed amendment is not consistent with the policies in the Comprehensive Plan regarding the retention of the existing commercial acreage already designated on the FLU map.
PLANNING COMMISSION ACTION: September 26, 2013, recommended approval, (7-0)
Staff recommends adopting Resolution No. 13-72, authorizing the transmittal of the 13-2 Comprehensive Plan Amendments to the required review agencies, as recommended by the Planning Commission.
G. PUBLIC UTILITIES (Jason Yarborough)
Mary Anderson, Director of Port Orange Public Works Department has requested the purchase of 0.5 State wetland mitigation bank credits for St. Johns River Water Management District Application No. 4-127-100485-6. The requested purchase is required to off-set proposed wetland impacts for a current phase of Cambridge Canal Drainage Basin flood relief, a hardening project between Spruce Creek Road and Trailwood Drive.
The unit cost of the credits utilizes our established policy of a discounted rate of $20,000 per credit as established by Resolution No. 12-47. The Port Orange Mitigation Bank has sufficient credits available for this project and your approval is requested at this time.
Upon execution of the Reservation Agreement and payment received in full, the City shall take formal action to officially record the sale in the Mitigation Bank Ledger and shall notify St. Johns River Water Management District to release the 0.5 credit for this project.
Project No. DPI053 Funding Account No. 412 1800-541.63.57
Staff recommends approving Resolution No. 13-73 authorizing the sale and transfer of 0.5 wetland mitigation bank credits from the Port Orange Mitigation Bank in the total amount of $20,000 for a City drainage project and authorizing the Mayor and City Clerk to execute transaction documents.
The Pioneer Community Development District (PCDD) has requested to purchase 46.5 State wetland mitigation bank credits for St. Johns River Water Management District Application No. 4-127-134174-1 (Volusia County Project No. P-5672). On January 15, 2013, this Council entered into an Interlocal Agreement with the County of Volusia for the extension of South Williamson Boulevard from Airport Road to Pioneer Trail. In that agreement, the City agreed to donate 12.5 wetland mitigation credits toward the compensatory mitigation requirements of the project. PCDD has agreed to the terms of the Reservation Agreement for the purchase of mitigation credits as follows: 46.5 credits required for the permit, less 12.5 credits donated to the project per the Interlocal Agreement, leaving a balance of 34 credits to be acquired by PCDD in the amount of $1,700,000.00 in accordance with existing City policies. The Port Orange Mitigation Bank has sufficient credits available to sell to PCDD for this project.
Staff recommends approval of the Resolution and Reservation Agreement for the sale and transfer of 46.5 State mitigation credits. Upon execution of the Reservation Agreement and payment received in full, the City shall take formal action to officially record the sale in the Mitigation Bank Ledger and shall notify St. Johns River Water Management District to release the credits for this project.
H. PUBLIC WORKS (Mary Anderson)
Staff advertised and received five responsive submittals for the Non-Exclusive Franchise for Roll-Off Containers (Bid # 13-27). Under this agreement the above vendors are allowed to contract container services for the collection and disposal of construction and demolition debris within the City of Port Orange with various organizations, firms, and entities. In exchange, each vendor agrees to pay a monthly franchise fee of eighty-five dollars ($85.00) and a twenty dollar ($20.00) “pull charge” on each container in service. This agreement will become effective October 1, 2013 through September 30, 2014.
Staff recommends approval of Ordinance No. 2013- 18 Granting Non-Exclusive Franchise Agreement for Roll-Off Containers (Bid #13-27), to Waste Pro of Florida Inc., Southeast Container Service Inc., Samsula Waste / Recycling, FSI Roll Off Container Services, and Republic Services of Volusia County and authorizing the Mayor and City Clerk to execute contract documents as required.
I. CITY ATTORNEY (Margaret Roberts)
The City Council in its meeting of October 1, 2013 requested an ordinance requiring newly hired administrative officials to reside within the City of Port Orange. The Code of Ordinances Section 2-186 sets forth the list of administrative officials.
Staff recommends adopting Ordinance No. 2013-22, relating to residency requirements for administrative officials.
To date the representatives of the two cities were unable to reach an agreement in the mediation process. The mediator, by email dated September 30, 2013, copy attached, has verified that no agreement was reached in the ongoing efforts to mediate the dispute. However, the City of Daytona Beach Shores (DBS) has confirmed by email their Offer of Settlement, copy attached.
The City Council may act on the proposed offer in one of five ways as follows: (1) by vote for acceptance, (2) by vote for rejection, (3) by vote for a specific counteroffer, (4) by doing nothing and allowing the offer to expire on October 22, 2013, or (5) by requesting a joint meeting of the two city councils and an extension of the offer and the time to conduct the joint meeting.
The City Council may consider the following factors when acting on this offer: (1) the unpaid bill for sewer services was invoiced at $ 908,894.01; (2) DBS is seeking improvements to the water system owned by Port Orange; (3) it appears from the DBS CAFR, that DBS experienced an increase in income at the same time that Port Orange made the invoice errors thereby benefiting from the errors; and (4) the Supreme Court of Florida case law supports repayment to Port Orange. The following components are missing from the offer: (1) How long before DBS identifies the improvements to the water system? (2) How long after the improvements are agreed upon before DBS makes payment? (3) Will DBS ratify the term of the interlocal agreement with no termination until 2031?
In the event that the Port Orange City Council cannot accept the offer, the Port Orange City Manager and City Attorney are recommending that the councils jointly meet to exhaust every opportunity to resolve the conflict. In consideration of the substantial discount offered, the manager and attorney cannot recommend settlement with the City of Daytona Beach Shores (DBS) on the terms offered by DBS City Council. The parties may meet jointly and continue to seek an agreement based upon both cities’ interest in maintaining the utility and customer relationship between the City of Port Orange and the City of Daytona Beach Shores. The Daytona Beach Shores City Attorney has encouraged the parties to meet in a joint session. The Port Orange City Manager and the City Attorney agree that a joint meeting provides the cities an opportunity to review important and beneficial facts that support the ongoing utility and customer relationship, and to clarify other questions or concerns from either of the city councils.
Copies of the outstanding invoices and part of the Carr Riggs & Ingram report are attached.
Staff recommends action be taken on the Daytona Beach Shores Offer to Settle the claim for payment of the Utility Billing in the amount of $454,448.01 to be applied to mutually agreed upon water system improvements constructed by the City of Port Orange within the corporate limits of the City of Daytona Beach Shores.
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)
Staff needs Council direction on staying with approved 2009 design or to modify the design that requires less maintenance.
Staff believes it is in the best interest of the City to pursue the modified design.
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
At this time council members may discuss various matters or concerns.