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
December 3, 2013
Date: November 25, 2013
Item 1 - Pledge of Allegiance
Item 2 - Silent Invocation
Item 3 - Roll Call
C. BOARD APPOINTMENTS, INTERVIEWS, AND REPORTS
Bobby Ball will provide an update to the City Council related to the Citizen Advisory Committee for the TPO activities.
D. CITIZEN PARTICIPATION (Agenda)
Sasha Rodriquez will be present to request a waiver of the meeting room fee.
Nina Tidwell will be present to discuss their charitable event “Sleep Walk”.
Scott Kirschner will be present to discuss the school’s 5k fundraiser.
E. CITIZEN PARTICIPATION (Non-Agenda – 15 Minutes)
F. CONSENT AGENDA
Item 8 - Approval of Minutes
Attached are the City Council minutes from the recently held meetings. Should you have questions, please feel free to contact Robin or me.
Attached is the update on construction projects from Quentin L. Hampton Associates, Inc. Staff recommends acceptance of the report.
Attached is the update on Parks & Recreation projects. Should you have any questions, please contact Susan Lovallo or me.
Attached are the reports from KemperSports regarding the Cypress Head Golf Course.
The City has a continuing service contract with RJH Technical Service Inc. to supply equipment, materials, labor and other such related services relating to general repair and maintenance at the City’s Garnsey Water Plant and Wastewater Plant as set forth in periodic written quotes. Task Authorizations are to be bonded per bonding requirements. RJH Technical Service, Inc. is Toshiba’s exclusive authorized regional vendor for installation, maintenance, and repair of Toshiba drive units and high service pump controls that ultimately control and maintain the operating pressures and the wet well levels.
Project No.: MME003 Funding Account No. 403 0200 533 6497 $100,000
401 0600 536 4610 $ 50,000
Staff recommends approving a Standard Contract for Service with Task Authorizations for RJH Technical Services, Inc. in an amount not to exceed $150,000 for FY2014; and authorizing the Mayor and City Clerk to execute all required contract documents.
Purchasing obtained the following three quotes for the sale of scrap water meters:
$1.25 x 7000 LB = $8,750.00
$1.60 x 7000 LB = $11,200.00
$1.77 x 7000 LB = $12,390.00
ACME Recycling submitted the highest scrap price at $1.77 per pound. Staff recommends the City approve the sale of scrap water meters to Acme Recycling.
Staff recommends approving the sale of approximately 7,000 pounds of scrap meters to ACME Recycling at $1.77 per pound, total sale price $12,390.00.
Per FAC 62-555.360, the City is required to maintain a cross-connection program. The program includes annual testing, inspecting and repair of more than 7,000 Backflow Prevention devices (BFP) which are routed by Public Utilities. BFP’s are typically installed between the water meter and the customer’s structure. Their purpose is to protect the city’s water system from potentially being contaminated by pollutants that may be injected into the drinking water plumbing after the point of connection to the city system.
The City of Deland price agreement is in effect through September 30, 2014. Aarons Backflow Services Inc. has agreed to perform the same services for City of Port Orange and honor all prices and terms of the agreement through September 30th2014. The Public Utilities Department is requesting Council approval of the wraparound agreement to Aarons Backflow Services Inc. in an amount not to exceed $130,000 which will cover the testing, inspection and required repairs and replacements of 7,000 backflow preventers.
Funding Account No. 401-0800-536.31-13
Staff recommends approving the wraparound Agreement of the City of Deland, Florida Bid # 10-01 Backflow Device Testing and Certification awarded to Aaron’s Backflow Services, Inc. in an amount not to exceed $130,000 and authorizing the Mayor and City Clerk to sign contract documents on behalf of the City.
The City has received approval from SNF Polydyne to purchase Clarifloc SE-1188(Emulsion Polymer) for $2,415 per tote delivered. Utilities use’s approximately 20 totes (2,300 pounds per tote) in a twelve (12) month period. Staff is seeking approval for up 20 totes for a total cost of $48,300.00.
Funding Account No.: 401-0400-535-5219
Staff recommends approving the wraparound agreement with SNF Polydyne, Inc. and the City of Ormond Beach to purchase Clarifloc SE-1188 (Emulsion Polymer) and authorizing the Mayor and City Clerk to execute all required contract documents.
On October 7, 2013, the City received quotes from six (6) companies for the repair / maintenance and inspection services for all the emergency generators located within the City.
Funding is based on expenditures from prior year.
Project No.: None Funding Account No.: 001-4300-541-46-10 $10,000
001-3200-521-46-16 $ 5,000
Staff recommends waiving the bidding procedures and approving the repair authorization and maintenance inspection agreement with Taw Power Systems not to exceed $60,000, this includes the base amount of $18,240.00 for maintenance inspection and the additional amount of $41,760.00 for repairs, labor, service calls, and authorizing the Mayor and City Clerk to sign all required documentation.
The Public Utilities Department is in the process of replacing non-working / underperforming meters per the replacement program and will need to purchase Flex Net Units and general items in the amount of $250,000.00. HD Supply is the sole source supplier of the Sensus Flex Net Units.
Project No.: ZMI044 Funding Account No.: 40305005365531
Project No.: ZMI044 Funding Account No.: 42105005365531
Staff recommends approving Change Order # 1 to the existing agreement with HD Supply Waterworks, LTD in the amount of $250,000 for a new contract total of $500,000; and authorizing the Mayor and City Clerk to execute all required contract documents.
The Master Controller at the Garnsey Water Plant failed. This controller is for our CO2 stabilization that maintains the requisite Ph in the re-carbonation tank that is integral in maintaining our 4-Log virus control permit parameters. This also ensures that the treatment process is even and utilizes process chemicals efficiently and economically. Manual operation of this equipment is not only arduous but is very costly in increased chemical consumption and puts us at risk of inadvertently operating outside the requisite parameters to maintain our 4-Log permit requirements. The controllers are an integrated component that is part of the existing proprietary chemical feed system requires standardized use of a TOMCO component. TOMCO Company in Loganville, Georgia is the only source to purchase this proprietary component. TOMCO Company has been preapproved on our list of sole source vendors. The useful life of this equipment varies depending on certain conditions; however these existing controllers were installed during the plant expansion back in 2000 so they are approximately 13 years old which would be consistent with the useful life of this type of component; and to authorize the Mayor and City Clerk to sign all required contract documents.
Project No.: WWP003 Funding Account No.: 401-0200-533-6497
Staff recommends approving the purchase with TOMCO Company of CO2 Master Control in the amount of $69,000 and waiving bidding due to proprietary sole source integrated component of existing chemical feed system with no other known control interface, and authorizing the Mayor and City Clerk to sign all required contract documents.
We have six (6) lime pumps, two (2) for each process train that deliver the primary water softening chemical quicklime slurry that we utilize in our treatment process. The two lime pumps requested have reached the end of their useful life and have been programmed in and approved for replacement in the FY2014 C.I.P. This equipment is sole sourced because of standardization with the existing units and operational coordination in sequenced pairs. We have received a current quote from TSC Jacob North Company which is the only regionally approved distributor of Watson Marlow Company for $31,770; and to authorize the Mayor and City Clerk to sign all required contract documents.
Project No.: WWP003 Funding Account No.: 401-0200-533-6497
Staff recommends approving the purchase of two (2) SPX 50 Watson-Marlow lime pumps for the Garnsey Water Plant through TSC Jacob North Company in the amount of $31,770.00.
Public Utilities recommends continuing the work with Diversified Drilling Corporation on various services related to the continued operation and maintenance of our 42 existing water wells. The attached work authorization, Contract Addendum No. 3, has been prepared for this purpose. The rehabilitation services that may be provided include well pump lifting / pulling services, reboring, sealing/grouting, and plugging of wells. This additional $25,000 will make the revised contract amount $90,000. This will help ensure that we can continue to provide reliable drinking water to all of our customers.
Project No.: WWW002 Funding Account No.: 403-0200-533-6397
Staff recommends approving the Contract Addendum No. 3 of the Agreement with Diversified Drilling Corporation in the amount of $25,000 and authorizing the Mayor and City Clerk to sign all required documentation.
The City has approximately 110 lift stations of the Smith Loveless type to maintain within our utility system. We have identified three lift stations; Windsor Hill (77), Summer Trees South (#13), Norman Street (#20) that have now exceeded their useful life. They are in need of replacement. They range in age from 19 to 24 years of age and will be installed by our Public Utilities Staff working cooperatively with Danus Construction.
The City has a five-year pricing agreement with Smith and Loveless Inc. for this purchase which includes an escalation factor controlled by a Federal Producer Price Index. A price quote has been provided and verified to be based on this existing agreement which includes a 1% increase over last year. Due to the benefit of standardization from a maintenance, training and cost standpoint, staff is recommending waiving the standard bidding requirements as provided in Section 2-267 of the City’s Purchasing Policy.
Project No.: SLS002 Funding Account No.: 4214015356397
Staff recommends waiving the standard bidding requirements and authorizing the purchase of three replacement Smith and Loveless lift stations per the price terms stipulated in our five (5) year purchase agreement, for the total amount of $103,087 and authorizing the Mayor and City Clerk to sign all required documents on behalf of the City.
Staff is proposing to waive normal bidding procedures and approve a contract with National Metering Services (NMS) based on the prices from their recent contract with Daytona Beach for an amount not to exceed $340,000. This Daytona Beach contract was bid and competitively awarded for the installation of 28,000 water meters. Under the contract, NMS would install two meters and a Flexnet device for $53.50 per total installation. This is will be additional funding for Large Meter Replacement at various locations. NMS is willing to this price to the City of Port Orange for 18 months. Based on our specific needs, staff has looked at other competitively award contracts and the NMS pricing is better. In addition, staff placed the meter installation service request on Quote wire in order to solicit additional pricing from competitors. Only one quote was received at $54 and did not address the installation of a Flexnet device.
Project No.: ZMI044 Funding Account No: 42105005365531 - $240,000
Project No.: MMM101 Funding Account No.: 42108005366397 - $100,000
Staff recommends waiving formal bidding procedures, approving National Metering Services agreement, and authorizing the Mayor and the City Clerk to sign all required contract documents.
The Special Magistrate is authorized to review code enforcement cases pursuant to the City of Port Orange Code of Ordinances Section 2-210. Pursuant to the City of Port Orange Charter, Section 3.01, the City Attorney recommends the engagement of Raymond Branch for the Special Magistrate’s duties. As a member of the law firm of Stenstrom McIntosh Colbert Whigham & Partlow, P. A., the hourly rate is $165.00. The selection was made after requesting quotes in accordance with the purchasing policy. The City Attorney has determined that Raymond Branch has the best qualifications, including prior judicial experience, to perform the scope of services required of the special magistrate. The annual expenditure is estimated at $15,000.00.
Funding Account No: 001-1902-515-3112
The City Attorney recommends approval of Raymond Branch, Esquire as Special Magistrate for the City of Port Orange code enforcement case hearings.
Attached is the City Attorney’s Report. If you have questions, please contact either Margaret Roberts or me.
The staff has requested the assignment of an attorney for the Code Compliance Officers, including the prosecution of code enforcement cases where opposing counsel is involved. Michael Ciocchetti, Esquire is a member of the Doran Sims Wolfe & Kundid law firm. He has previously assisted the city with civil service appeals and provides legal counsel to other area governmental agencies, including code enforcement. His hourly rate is $175.00. Associate Attorney Barbara C. Reid is also experience back-up legal support, if needed, is available at the hourly rate of $150.00 per hour. The annual estimated cost for the legal work requested by staff has been and is expected to be less than $5,000.00.
The City Attorney utilizes Larry Sims, Esquire for real estate matters and as a member of the firm, he remains available for that purpose at $175.00 per hour. He has been selected for city representation based on his experience, reputation and verbal quotes for the hourly rate. The annual estimated cost is less than $5,000.00.
Funding Account No: 001-1902-515-3112 & 001-1300-514-3112
The City Attorney recommends the approval of Michael Ciocchetti, Esquire, Associate Attorney Barbara C. Reid and Larry Sims, Esquire for special legal scounsel to the City of Port Orange as set forth above.
The Adult Activity Center Annex located at 3738 Halifax Drive was deeded to the city with a restriction for public recreational purposes. City Council has requested that the City Attorney proceed with the legal work related to the title restriction encumbering the property and to advise the city council on the prospects of litigation that may enable the city to convey the property free of the title restriction.
Pursuant to the City of Port Orange Charter, Section 3.01, the City Attorney recommends the engagement of Thomas D. Wright, Esquire, a Board Certified Real Estate lawyer. His hourly rate is $225.00. The selection was made after requesting quotes in accordance with the purchasing policy. The City Attorney has determined that Thomas D. Wright has the best qualifications, to perform the scope of services required to examine and provide advice regarding the restrictions for the property. The pre-litigation expenditures are estimated at less than $ 5,000.00. Prior to initiating litigation, City Council approval will be required and additional estimates for the litigation expenditures will be provided.
Funding Account No: 001-1300-514-3112
Staff recommends approving Thomas D. Wright, Esquire for legal representation for the examination and litigation of the title restrictions for the Adult Activity Center Annex located at 3738 Halifax Drive, Port Orange, Florida and for other real property matters within the Riverwalk project.
The City of Port Orange initiated a lawsuit against Stottler Stagg and Associates and Michael Kelly in June of 2012 for alleged deficiencies in the architectural plans for several city projects. Stottler Stagg, an engineering firm, and Michael Kelly, an architect with the firm, were engaged to prepare construction plans for several city re-roof projects, including city hall, fire station 73 and the Allen Green Center. After the city initiated the lawsuit, the firm filed bankruptcy. The city’s suit was stayed by the bankruptcy court; and upon petition was released from the bankruptcy stay, permitting the litigation to continue. After several months of discovery, the firm’s insurer tendered an offer of settlement.
The City Attorney recommends the approval of the settlement offer and payment of $77,000.00 to the city.
The City of Port Orange currently does not pursue jail time for city ordinance violations. However, if a defendant fails to appear at arraignment, a capias is issued and a subsequent arrest based on the failure to appear may occur. Thus, first appearance is held at the jailhouse for some defendants without the City having notice or an opportunity to attend.
This Interlocal Agreement will allow the State Attorney’s Office to attend first appearances at the county jail on behalf of the City of Port Orange. Only a small percentage of defendants in ordinance violation cases are arrested on capias for failure to appear.
Staff recommends authorizing the Mayor and City Clerk to execute the attached Interlocal Agreement which allows the State Attorney’s Office to attend first appearances at the county jail on behalf of the City of Port Orange.
The City’s Building Division has a need to utilize temporary employment and employee leasing services for building inspections. AUE Staffing Solutions (AUE) provides this type of temporary staffing in addition to many others. The County of Volusia, through Bid #09-B-86PW, entered into contract with AUE on September 6, 2012. The County’s contract with AUE was extended through January 30, 2014, and an additional one year extension through January 30, 2015 is anticipated.
AUE has agreed to allow the City to “piggyback” its contract with Volusia County under the same terms and conditions. The Piggyback Agreement is for a term commencing with contract execution in December 2013 through January 30, 2015. The recommended funding amount of not-to-exceed $25,000 is based upon anticipated use within the Building Division through the end of the 2014 fiscal year. Funds are available in the Other Professional Services account of the Building Special Revenue Fund.
Project No.: n/a Funding Account No.: 109-1901-515.31-13
Staff recommends approving a piggyback agreement for temporary employment and employee leasing services as established by contract between the County of Volusia and AUE Staffing Solutions, in an amount not to exceed $25,000, subject to approval of the extension of the contract by Volusia County through January 30, 2015, and authorizing the Mayor and City Clerk to execute associated documents.
The Capital Improvement Plan for FY 2013/2014 includes provisions for design services related to the extension of sanitary sewer collection, roadway and stormwater improvements within this established area of our City. Aging substandard stormwater collection systems are prevalent within this poorly drained area of our City currently served with septic systems. This project will continue the City’s efforts to improve older sections of our community. This combined / joint project has been in our Capital Improvement Plan for many years whereby it has been continually delayed due to budgetary constraints.
QLHA has now completed a cursory survey / walk through of this area with our Public Works and Public Utilities staff. They have per our joint department request submitted the attached preliminary cost estimate so that we might request your approval to move forward with this design phase of the project. It is anticipated that inspection services will be performed by in-house staff, or by DMC, in conjunction with construction management services provided by QLHA per their standard contract terms.
Staff recommends that QLHA be authorized to provide only the design services at this time totaling an amount not to exceed $84,417 as currently contained in Addendum #28, see their attached detailed cost proposal. To that end, this addendum has been drafted for the purpose of formally adding this work to the existing Quentin Hampton and Associates contract.
Project No.: UET002 Funding Account No.: 405-0400-535-6397
Staff recommends approving Addendum No. 28 to the 1988 contract with Quentin L. Hampton Associates Inc., and to proceed forward with the design portion of this project in the amount of $84,417, and authorizing the Mayor and City Clerk to sign all required contract documents.
Recent U.S. Postal Service changes have impacted postage rates. With the closing of the Daytona Mail Center, all mail from the Daytona area is now shipped to the Orlando facility for final processing. The City’s bulk rate postage permit is assigned to Daytona. When the City’s newsletter is verified in Daytona and then shipped to the Orlando facility there is four to six cent per piece postal rate increase when compared to the Orlando rate. This amount ranges between $600 and $800 per quarterly mailing of approximately 23,000 newsletters to the citizens of Port Orange.
To avoid this additional postage charge, Independent Printing is willing to mail the City’s newsletter under their Orlando bulk rate permit at no additional charge. Independent Printing is currently under a contract for one year to print the newsletters. When combining the printing quote of four newsletters ($11,260) and the postage of four newsletters ($21,160) Independent Printing’s purchase order would exceed the $25,000 purchasing policy threshold. Therefore, staff is requesting City Council waive formal bidding requirements and authorize amendment of the existing contract to provide for discounted postage and extension of the contract for another year. This authorization would be contingent upon review and approval of the contract addendum and extension by the City Attorney’s Office.
Funding Account No.: 41061005344700 (Printing)
Funding Account No.: 41061005345215 (Postage)
Staff recommends approving an addendum and extension to the existing quarterly citizen newsletter contract and waiving formal bidding requirements in order to allow Independent Printing to provide printing and postage services.
Barney’s Pumps, Inc. is an existing sole source provider. This change order is required for pump rehabilitation at the Ponce Inlet Master Lift Station and additional repair / maintenance as needed.
The Ponce Inlet Master Pump Station has been programmed within our current 5 year CIP to have the pumps replaced this fiscal year. These three (3) Aurora Pumps share in the pumping rotation of all sewage emanating from Ponce Inlet and the surrounding beachside area. In order to insure proper redundancy to these critical pieces of equipment they are rehabilitated and/or replaced periodically on a defined schedule. These three (3) Aurora Pumps cost $54,000.
Change Order #1 increases the existing contract by the amount of $100,000 resulting in a total contract amount of $125,000.
Project No.: SLS002 Funding Account No.: 403-0401-535-6397 $55,000
Project No.: SLS002 Funding Account No.: 421-0401-535-6397 $20,000
Project No.: N/A Funding Account No.: 401-0600-536-5218 $25,000
Staff recommends approving Change Order #1, to the existing Standard Contract for Services with Barney’s Pumps, Inc. in the amount of $100,000 and authorizing the Mayor and City Clerk to execute all required documents on behalf of the City.
Public Works utilizes landscape contractors for mowing services for 4 different sections of Port Orange. The sections were created by grouping certain locations based on the desired level of mowing (number of mows annually) and additional maintenance activity to be performed at these locations. A single contractor previously performed this activity in Sections 1, 2 and 3 and resigned with 30 day notice in late July. The contract was bid through the City’s normal process, and 10 potential bidders attended the mandatory pre-bid meeting on September 26. Servello and Son was the sole bidder to submit a bid. Given the number of interested parties that attended the pre-bid meeting, Staff followed up with the vendors to better understand the issues that prevented a bid submittal. Most of the vendors indicated that the performance bond requirements impacted the decision.
Staff is planning to revise the bid specifications prior to re-bidding the work. In addition to removing the performance bond requirement, the revised specifications will include an alternative method of identifying the financial viability of the proposed bidder(s) to insure their ability to carry through the contract term. The project is scheduled to be re-bid and a bid opening conducted winter 2014.
Staff recommends rejection of the sole bid received for Landscape Maintenance Bid #13-28 from Servello & Son, Inc. and to re-bid the contract.
The City applied for and was awarded a Florida Inland Navigation District Grant in the amount of $40,000.00 to design and permit the Town Center Riverwalk Launch and Boardwalk Phase I. The project begins north of the Riverside Pavilion and ends in the Riverwalk Park area and will connect to the existing fishing pier.
A match of $40,000.00 was approved by the City Council via Resolution No.: 13-19.
Project No.:AIO004 Funding Account No.: 307-1000-552-63-97.
Staff recommends approving and accepting the Florida Inland Navigation District (FIND) Phase I Grant in the amount of $40,000.00, provide a match, and authorizing the Mayor and City Clerk to execute any agreements or contracts.
The service contract with Halifax Humane Society provides care, treatment, impound and disposal of animals picked up in the City of Port Orange. The contract establishes fees charged for impoundment, collection of redemption fee procedures and billing procedures. There are no fee increases in the contract this year.
Staff recommends renewing the service contract with the Halifax Humane Society for October 1, 2013 through September 30, 2014.
G. COMMUNITY DEVELOPMENT ( Wayne Clark)
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.
UPDATE: On Oct. 15th, the City Council approved the 1st reading of the Woodhaven MDA with a modification to the proposed open space percentage from 30% to 45%. This modification is reflected on page 19 of the MDA.
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.
Item 38 - Second Reading – Ordinance No. 2013-26 – Ordinance Approving the 1st Amendment to the Master Development Agreement (MDA) and Conceptual Development Plan (CDP) for the Bermuda Village Planned Unit Development (PUD), case no. 13-40000001
At the September 17th, 2013 City Council Meeting, the City Council sent the proposed Master Development Agreement (MDA) and Conceptual Development Plan (CDP) for the Bermuda Village Planned Unit Development (PUD) back to staff for the applicant to decrease the number of lots and revise the lot configuration and dimensional requirements for the proposed lots. The applicant has made the requested changes to the MDA and CDP. The attached staff report provides more detail on the changes to the MDA and CDP.
At its October 23, 2013 meeting, the Planning Commission recommended approval (6-0) of the revised proposed 1st amendment to the MDA and CDP for the Bermuda Village PUD.
The revised proposed 1st amendment provides the regulatory framework to create a 3-lot single-family infill development along with the dimensional requirements for the lots, permitted uses, and renames the PUD from Bermuda Village to Riverbank Properties.
The development proposal is to reconfigure four existing lots of record into three lots that front onto Katherine Street. The proposed new lots will be accessed from Katherine Street and developed with single-family homes, along with associated improvements as required by the Land Development Code (LDC) and Master Development Agreement.
Staff recommends approving Ordinance No. 2013 – 26, approving the 1st Amendment to the Master Development Agreement (MDA) and Conceptual Development Plan (CDP) for the Bermuda Village PUD, as recommended by the Planning Commission.
At its October 23, 2013 meeting, the Planning Commission recommended approval, 6-0, of the Replat & Final Plans for the Riverbank Subdivision. The 0.72-acre site is located at the northeast corner of Palmetto Street and Katharine Street. If approved, the property will be split into three residential lots. The staff report is attached for more information.
The replat has been designed according to the requirements of the City’s Land Development Code (LDC) and the dimensional standards in the 1st Amendment to the Bermuda Village MDA. The proposed lot configuration consists of three lots fronting onto Katherine Street along with a drainage swale along the north boundary line.
Staff recommends approving the Replat and Final Plans for the Riverwalk Subdivision as recommended by the Planning Commission, subject to City Attorney comments dated November 23, 2013.
The FDOT has agreed to provide an additional $37,123 in funding for the construction of the Herbert Street sidewalk project which will help cover costs of construction. FDOT has requested the City execute the Supplemental Local Area Project (LAP) Agreement and Resolution for the construction of a sidewalk along the south side of Herbert Street from Golden Gate Circle to Nova Road. This will supplement the previous Agreement of April 9, 2013. This increases the original amount of FDOT construction funding from $133,646 to a total of $170,769. A budget Resolution to increase the funding for this project will be coming in the future once the FDOT fully executes the agreement.
Project No.: OMI008 Funding Account No.: 301-4300-541-6397 & Grants-301-4310-541-6397
Staff recommends approving the Supplemental Local Agency Program (LAP) Agreement and Resolution No. 13-83 for construction of the Herbert Street Sidewalk, south side, from Golden Gate Circle to Nova Road and authoriz the Mayor and City Clerk to execute the Supplemental Agreement and Resolution.
Staff has received a request to vacate the northern-most 50.00 feet of the limited access restriction on Lot 3 of the recorded plat of the Myers/Smith Commercial Subdivision (MB 39 PG 164, Public Records of Volusia County, FL). The subject property (Lot #3) is the site of the recently remodeled Port Orange Six Theatre and is now called Regal Center.
Port Orange Investors, LLC, the property owner of Lot 3, has made this application to vacate the plat note that prohibits vehicular access to Nova Road for Lots 2 and 3 except for an entrance only drive to Lot 3 from Nova Road. The property owner is requesting the plat note be vacated to allow a right-in / right-out vehicular access connection from Lot 3 onto Nova Road (SR 5A, FDOT Jurisdiction). Driveway connection access will be limited to right-in / right-out movements to prohibit northbound left turns in and out from Nova Road and to avoid vehicle conflicts with southbound left turns on Nova Road approaching the Park Place Shopping Center.
The Myers/Smith Commercial plat was recorded in 1984 with the vehicular access restriction note although the zoning code in effect at that time allowed a full ingress/egress access point for Lot 3. In 1984, Nova Road was only a two-lane road. Over time, Nova Road has been widened to 5-lanes and a number of properties have been developed with full ingress/egress access points. With this proposal, left turn movements will still be restricted but right turns will be allowed.
The application to vacate the plat note has been reviewed for completeness and accuracy. City departments have reviewed this request and have no outstanding concerns. The future connection on Lot 3 will be limited to right-in / right-out movements and will comply with the City’s required driveway setbacks from the northerly property line (25 feet) and from the intersecting right-of-way lines of Eagle Lake Trail and Nova Road (150 feet). The connection will require approval of an FDOT driveway permit and will comply with sections 14-96 and 14-97, F.A.C. and FDOT Standard Index 515 for a Class 5 FDOT roadway.
Staff recommends approving Resolution #13-84, vacating of the northern-most 50.00 feet of the limited access restriction on Lot 3 of the recorded plat of the Myers/Smith Commercial Subdivision (MB 39 PG 164, Public Records of Volusia County, FL) (Exhibit “A”).
The property owners requested approval of a variance from Chapter 9, Section 27(b) of the City of Port Orange Land Development Code (LDC) to allow a boathouse/dock to be located 5 feet from the side property line. The LDC requires a 10-foot setback. Work was begun on the boathouse/dock without a permit. According to the applicant, the boathouse/dock is being replaced in the same location as a previous boathouse/dock. If the variance request is approved, the boathouse/dock will be allowed to remain.
PLANNING COMMISSION ACTION: At the October 24, 2013 meeting, the Planning Commission denied the variance (3-3) to allow a 5-foot setback the boathouse/dock.
According to LDC Chapter 19, Section 1(f), the Council’s decision to reverse or uphold the Planning Commission’s decision shall be based on the facts of the case presented during the Planning Commission meeting, the review criteria established for the variance request, and the Commission’s decision on the requested variance. No new evidence may be presented, heard, or discussed. Any new information must be presented as part of a new variance request. The appeal request letter from the applicant, minutes from the Planning Commission Meetings, and staff report are attached.
H. FIRE DEPARTMENT (Ken Burgman)
Councilman Drew Bastian requested City Council consideration for renaming Fire Station No. 71, located at 4200 Ridgewood Avenue, in honor of the late Craig J. Morrisey. Mr. Morrisey, a lifelong resident of Port Orange and second generation Port Orange firefighter, served the citizens of Port Orange from July 5, 2004 to September 27, 2013. Mr. Morrisey was a dedicated employee and a model of honor and courage.
The new name of the station will read “CRAIG J. MORRISEY FIRE STATION”.
Staff recommends approving Resolution No. 13-90 officially naming Fire Station No. 71, 4200 Ridgewood Avenue, the “CRAIG J. MORRISEY FIRE STATION”.
I. POLICE DEPARTMENT (Jerry Monahan)
The Port Orange Police Department has been awarded grant funds from the Florida Department of Law Enforcement 2013 Edward Byrne Memorial Justice Assistance Grant in the amount of $8,842.00. These funds will be used to purchase four Rapid ID mobile fingerprint scanners from Data Works and will be assigned to the canine officers to assist with identity verification.
Staff recommends approving Resolution No. 13-85 accepting grant funds from the Florida Department of Law Enforcement in the amount of $8,842.00.
J. PUBLIC UTILITIES (Jason Yarborough)
In 2004, by two separate warranty deeds, D.S.C. of Newark Enterprises, Inc. conveyed to the City of Port Orange certain real property for right-of-way purposes, then generically referred to as Collector Road B, now known as McGinnis Avenue. The first segment, 950 lineal feet west of South Williamson Boulevard, was constructed with Port Orange Plantation Phase 1. This was an off-site improvement and not included with the local roads dedicated to the public by the developer.
Staff recommends approval of the proposed Resolution No. 13-86 declaring and accepting the constructed segment of McGinnis Avenue west of South Williamson Boulevard to the end of pavement as a dedicated public right-of-way as conveyed.
K. 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.
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.
L. ADMINISTRATION (Greg Kisela)
The City seeks funding assistance from the Volusia ECHO Grant program to make trail improvements on the city owned Stanaki property within the Doris Leeper Spruce Creek Preserve. The improvements are for recreational purposes and include the installation of trail markers, informational signs, two hiking shelters, a wildlife observation overlook, and hitching posts.
The proposed improvements fulfill the City’s Stanaki Management Plan objectives and grant funding commitments to the Florida Communities Trust grant program. The goal is to partner with the local Boy Scout Troops to install the improvements.
The City requests $16,000.00 (50%) from the ECHO program and the City will provide a 50% match of $16,000.00. Grant award contingent upon identification of match funding.
Staff recommends approving Resolution 13 – 88 authorizing the City Manager to submit a Volusia ECHO Grant application to make trail improvements on the Stanaki property. In addition, authorizing the Mayor and City Clerk to execute any agreements or contracts and provide a match.
The City seeks funding assistance from the Volusia ECHO Grant program to construct the Phase III recreational improvements at the Coraci Sports Complex. This phase will construct a second multipurpose field with lights and install bleacher covers, batting cages, and a pre-fab maintenance building.
The City requests $300,000.00 (50%) from the ECHO program and the City will provide a 50% match of $300,000.00. Grant award contingent upon identification of match funding.
Staff recommends approving Resolution 13 – 89 authorizing the City Manager to submit a Volusia ECHO Grant application to construct Phase III improvements at the Coraci Ball Fields and authorizing the Mayor and City Clerk to execute any agreements or contracts and provide a match.
RFSQ #14-07 for design and engineering services for the Riverwalk Park and Boardwalk was released on October 26, 2013. The non-mandatory pre-submittal meeting was held on November 1, 2013. Representatives from ten firms were in attendance. Bids were due on November 14, 2013. Six firms submitted proposals. Upon review of the submittal packages, it was noted that two of the firms had irregularities in the required insurance forms. Both of the impacted firms submitted forms meeting the City’s required insurance coverage, but the forms did not list the City as additional insured. Listing the City as an additional insured is a requirement clearly stated in the proposal specifications. However, both of the firms failing to properly complete the required insurance forms are currently under contract with the City and currently have insurance certificates on file with the City that list the City as additional insured. Both of these firms have also had prior involvement in Riverwalk design and engineering activities.
The proposal specifications also indicated shortlisting to no more than five firms for interviews. If the Council and CRA wish to allow the two firms in question to move forward in the process, staff recommends that all six firms be interviewed.
Staff recommends that the City Council and Town Center CRA deem the omission of the City being listed as additional insured on the insurance certificates as minor bid irregularities, waive these irregularities, and allow all six firms submitting proposals to make presentations to the City Council and CRA on December 12, 2013. (Due to City Council scheduling conflicts, the presentations from firms has been rescheduled from the initially scheduled date of December 10, 2013 to December 12, 2013).
The Port Orange YMCA proposed a 7,500 square feet expansion to its existing facility. This would be accomplished through a design-build arrangement administered by the City. The current lease would be amended to include additional payments (see pro forma) and lease amendment proposal.
The City Manager will bring items to the City Council’s attention and to provide information to the City Council about ongoing city activities.
M. COUNCIL COMMENTS
At this time council members may discuss various matters or concerns.