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

                        December 10, 2013

 

Date:               December 5, 2013

 

 

  1. OPENING

 

Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call

 

B.   SPECIAL REPORTS AND PRESENTATIONS

 

Item 4 -           PFM Asset Management, LLC Presentation to City Council – Annual Investment Performance Review Fiscal Year Ended September 30, 2013

 

Each year the City’s Investment Firm, PFM Asset Management, LLC prepares an annual report that portrays the City’s investment performance for the past fiscal year to the City Council. A copy of this report is attached.

 

A Representative from PFM will be present to review this report with City Council and respond to any questions.

 

C.   TOWN CENTER CRA MEETING

·         Lease Renewal Agreement – Cardwell Funeral Home, 3571 Ridgewood Avenue

·         Adult Center Annex update from City Attorney

·         Concept Plan changes from Applicant

 

D.   BOARD APPOINTMENTS, INTERVIEWS, & REPORTS

 

Item 5 -           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.

 

Item 6 -           Parks & Recreation Advisory Board Report

Chairman Jack Wiles will be present to provide a report to Council.

 

Item 7 -           Audit & Budget Advisory Board Report

 

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.

 

E.   CITIZEN PARTICIPATION (Agenda)

 

Item 8 -           Estate of Diane Whelahan – Attorney Edwin Davis

 

Attorney Davis is asking for a reduction in the amounts of liens filed by the City against the property owned by the Estate of Diane Whelahan (see attached for summary of issues and relevant documentation).

 

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

 

G.   FINANCE (Wayne Saunders)

Item 9 -            Resolution No. 13-91 – Budget Appropriation – Russell Launch Phase II

 

Project QPC036, Russell Launch Phase II, is completed and this budget resolution reduces the revenue and expense budgets accordingly to close the grant.

 

This resolution will also correct the FY14 budget for project QPC050 since it is currently overstated.  This happened because the carryover budget in the 315 fund for QPC050, Spruce Creek Baseball Field Upgrade, was approved separately by City Council on 11/5/13 (budget resolution 13-77) but it was also included in the main carryover budget resolution approved by City Council on 11/12/13 (budget resolution 13-78). 

 

Project No.: QPC036 & QPC050               Funding Acct No.:       315-5100-572-63-97       

 

Staff recommends approving Resolution no. 13-91.

 

Item 10 -          Resolution No. 13-92 – Budget Appropriation – Neighborhood Investment Grant Program

 

This resolution appropriates additional funds for the Neighborhood Investment Grant Program.

 

Staff recommends approving Resolution no. 13-92.

 

Item 11 -          Resolution No. 13-93 – Budget Appropriation – Traffic Control Improvement study

 

This resolution appropriates unrestricted Gas Tax funds needed for analysis and design work relating to Traffic Control Improvement studies for the Sunset Cove Subdivision and for City Center Circle.

 

Project No.:     IMI008 & IMI009     Funding Acct No.:    301-4300-541-63-97          

 

Staff recommends approving Resolution No. 13-93.

 

Item 12 -          Resolution No. 13-94 – Cambridge Canal Construction/Stabilization project

 

This resolution appropriates additional drainage funds needed for the Cambridge Canal Construction/Stabilization project and budgets for Florida Department of Environmental Protection (FDEP) grant #LP64040, which is a State legislative appropriation, which is to be used for the same project.

 

Project No.:     DIP053                                 Funding Acct No.:    412-1800-541-63-97

 

Staff recommends approving Resolution No. 13-94.

 

H.   CONSENT AGENDA

 

Item 13 -        Approval of Minutes

a.    December 3, 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 14 -        Update – Meter Replacement Program

 

As of November 16, 2013, staff has replaced 2,201 zero consumption meters and installed 1,714 Flex Units for remote reading using 1,762 hours ($68,386) of staff time.  In addition, a total of $723,907 has been invested in this project.

 

Item 15 -        Acceptance of Exclusive Utilities Easement from IBEW Local No. 756

 

Public Utilities staff is currently planning to construct a new regional wastewater pumping station that services the portion of the City west of Interstate 95 and south of Taylor Road.  A projected need is currently for a pipeline connection to be constructed within this easement between the existing, under-sized regional lift station at Clark’s Westport Storage and the City-owned property to the south across the rear of this property owned by IBEW Local No. 756.

IBEW Local 756 has graciously offered to the City, at no cost, an easement over the easterly 50 feet of its property for future underground pipelines.  Copy of the fully-executed easement dated October 23, 2013 is attached for Council consideration.

Staff recommends accepting this permanent, exclusive utilities easement as presented.

Item 16 -        PetSmart Charities Grant Award – Feral Cat Targeted Spay/Neuter Program

 

Recently, the City applied for grant assistance from PetSmart Charities to fund our Feral Cat Targeted Spay/Neuter Program. After reviewing the application, PetSmart Charities awarded the City a grant in the amount of $18,000.00.  The funds will cover program expenses such as the surgeries, vaccinations, traps and other project-related items.  There is no match required. Resolution 13-49 approved the grant application submission.

 

Funding Account No.: 001-3200-521.31-13

 

Staff recommends approving and accepting the PetSmart Charities Grant in the amount of $18,000.00, and authorizing the Mayor and City Clerk to execute any contracts or agreements.

 

Item 17 -        Addendum No. 96 to the 1980 contract with Quentin L. Hampton Associates, Inc. for Williamson Blvd. Regional Lift Station Project – Design & Construction management Services

 

The 5-year Capital Improvement Plan includes provisions for replacement and upsizing of wastewater lift stations within our utility system. The Clark Regional Pump Station constructed in 1998 has now been determined to be undersized due to the connection of the Spruce Creek Fly-in development and additional population growth / development along the Williamson Blvd. corridor south of Taylor Road. In addition, it is anticipated that the future Woodhaven Development may include up to an additional 1,700 equivalent living units during the next five to ten years. Construction of this new regional lift station will allow existing contributing lift stations in the area to continue to operate under projected increased flow conditions and maintain manageable operating pressures on our existing force main network. 

 

This anticipated engineering design and permitting work will include the evaluation of the existing sewage flows currently being generated and projected future flows in order to properly size this regional lift station. Staff recommends that QLHA be authorized to provide the engineering design services as contained in Addendum #96, as included in the attached cost proposal and sketch. To that end, this 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 R & R Lift Station Project for this needed project’s design. It is also anticipated that the future 5-year CIP Plan for FY 15 and 16 will include adequate funding to bid and construct this highly anticipated public utility improvement in order to properly serve the future planned Woodhaven Development with wastewater collection and treatment without adversely affecting our existing lift stations and force main network within the Williamson Blvd. South corridor. Funds are currently available in our R & R Lift Station Replacement Project for this engineering work effort.

 

Project No.: SLS002             Funding Accounts 405/421-0401-535-6397    

 

Staff recommends approving Addendum No. 96 to the 1980 contract with Quentin L. Hampton Associates Inc. in the amount of $55,650.00 and authorizing the Mayor and City Clerk to sign all required contract documents.          

 

Item 18 -        Award for RFSQ #13-19 – Design and Permitting Services for sidewalk projects: Spruce Creek Road Sidewalk – South; McDonald Road Sidewalk; Victoria Gardens Blvd Sidewalk; and Spruce Creek Road Sidewalks (North of Nova Road)

 

RFSQ #13-19 was prepared for Design and Permitting Services for the four sidewalk projects listed above, one of which design funding has been secured through a Local Agency Program (LAP) agreement, and the other three are programmed in the Transportation Planning Organization (TPO) Tier “B” list for design funding over the next three fiscal years. 

 

Proposals in response to RFSQ #13-19 were received from eight responsive firms on September 20, 2013.  On November 5, 2013 a five person selection committee comprised of Mary Anderson, Michael Anderson, Tim Burman, Kenny Ho, and Margaret Momberger short listed Quentin L. Hampton Associates, Upham Inc., Kimley-Horn and Associates, Inc., and Traffic Engineering Data Solutions, Inc (TEDS) for further consideration.  All four firms were then invited to make oral presentations to the selection committee on November 14, 2013 and TEDS was ranked first unanimously.

 

Staff recommends award of RFSQ #13-19 for Design and Permitting Services to TEDS.

 

Additionally, Staff recommends approval of task authorization number one to TEDS in an amount not to exceed $32,077.  The City has entered into a LAP Agreement with the FDOT for the design of the Spruce Creek Road Sidewalk - South project.  The total project funding amount of $32,077 includes a City match of $4,812.  Funds are budgeted and available for this purpose.

 

Project No.: OMI014             Funding Account No.: 312-4300-541.63-97 & Grants-312-4310-541.63-97

 

Staff recommends approving the award for RFSQ #13-19 Design and Permitting Services for the following projects:  Spruce Creek Road Sidewalk – South (FPN: 430079-1-38-01), McDonald Road Sidewalk (FPN: TBD), Victoria Gardens Boulevard Sidewalk (FPN: TBD), and Spruce Creek Road Sidewalks (North of Nova Rd) (FPN: TBD) to Traffic Engineering Data Solutions, Inc. (TEDS), as well as approving task authorization number one to TEDS for the design and permitting of the Spruce Creek Sidewalk – South project (From Taylor Road to Central Park Boulevard) in an amount not to exceed $32,077.

 

Item 19 -        2013 Annual Concurrency Management Report

 

On November 21, 2013, the Planning Commission recommended to accept the 2013 Concurrency Management Report.

 

Concurrency is the finding that public facilities and services necessary to support a proposed development are available, or will be made available concurrently with the impacts of a development. All Florida municipalities are required to adopt and implement concurrency management systems in accordance with State law. In addition to the individual concurrency reviews for current development proposals, this report, prepared annually, is intended to monitor the cumulative effect of all approved Development Orders and Development Permits on the capacity of public facilities. Concurrency reviews evaluate a project's impact on the following seven public facilities and services:

•           Transportation

•           Sanitary Sewer

•           Potable Water

•           Stormwater Drainage

•           Solid Waste

•           Recreation

•           Public Schools

 

As indicated in the report, the public facilities and services subject to concurrency review are at sufficient levels for FY 2013/2014, with the exception of one elementary school. Since 2011, Port Orange Elementary has exceeded the LOS standards; however, this is due to the gifted program offered at this school that draws students from outside the attendance boundary and not unplanned development. Last year the school district developed a plan to open a third gifted center within the Port Orange elementary schools in order to address the increase in enrollment at Port Orange Elementary, as well as the anticipated increases at Cypress Creek Elementary. With this program change it is anticipated that Port Orange Elementary will meet the LOS standard in the near future.

 

Staff recommends accepting the 2013 Concurrency Management Report, as recommended by the Planning Commission.

 

Item 20 -        Neighborhood Investment Grant Program

 

Before the Neighborhood Investment Grant Program was suspended in 2007, the City awarded over $60,000.00 in matching grant funds to 16 different Port Orange neighborhood projects.  The purpose of the program is to provide eligible neighborhood organizations with matching grants to improve the quality of life in the City by focusing on projects that would serve specific neighborhoods.  Examples of funded projects include entrance signs, landscaping, and park enhancements.  

Currently, there is $20,000 budgeted on FY 2014 Budget, and additional $30,000 is proposed to be appropriated from the budget savings that derived from the fire chief’s election to opt out of the fire retirement plan.

 

Staff recommends authorizing the City Manager to move forward with the 2014 Neighborhood Investment Grant Program.

 

Item 21 -        Piggyback Agreement with Remedy Intelligent Staffing for Temporary Employment and Employee Leasing Services

 

The City has a need to utilize temporary employment and employee leasing services to assist with seasonal and peak workloads, special projects, reducing personnel overhead expenses and other specialized temporary employment needs.  Parks and Recreation utilizes the greatest number of temporary employees; however, other departments employ them from time to time as well.

 

The County of Volusia extended its contract with Remedy Intelligent Staffing effective September 6, 2012 through January 30, 2014 (Bid #09-B-86PW) and plans to renew for one final additional year through January 30, 2015.  Remedy has agreed to allow the City to “piggyback” that contract under the same terms and conditions.  The recommended funding for FY 2014 is in an amount not to exceed $240,000, based upon anticipated citywide use.  Funding will come from the temporary services account from each department utilizing temporary employment and employee leasing services.

 

Primary Account Nos.:        Parks 4400-3415 $58,000; Athletics 5200-3113 $63,800; Summer Rec 5106-3113 $67,000; Rec Adult Center 5109-3113 $1,000; Lakeside Community Center 5125-3113 $10,000.  Total $199,800 for Parks & Recreation

 

Staff recommends approving a piggyback agreement for temporary employment and employee leasing services as established by contract through the County of Volusia and Remedy Intelligent Staffing, in an amount not to exceed $240,000, and authorizing the Mayor and City Clerk to execute required documents.

 

Item 22 -        Tenth Amendment to the Contract with Zev Cohen & Associates, Inc. for Professional Engineering Services for analysis, design, and presentation of findings for the investigations and recommendations of traffic control improvements on City Center Circle

 

The scope of work contained in the Tenth Amendment provides professional services for analysis, design and presentation of findings for the investigations and recommendations of traffic control improvements on City Center Circle.  Services under this contract amendment include review of the existing site conditions at the City Center Circle intersections of City Center Blvd. and City Center Parkway, monitoring of traffic volumes and behavior under current stop conditions, monitoring of pedestrian movements, analysis of operations with recommendations to improve vehicular flow, pedestrian safety, traffic control compliance, and overall operation of the intersections.  The scope of work includes an estimate of costs for the proposed improvements and a presentation of the results to City representatives. 

 

Funds are available for this purpose.

 

Project No.:                IMI009            Funding Account No.:       301-4300-541.63-97

 

Staff recommends approving the Tenth Amendment to the Contract for Professional Engineering Services for analysis, design and presentation of findings for the investigations and recommendations of traffic control improvements on City Center Circle with Zev Cohen & Associates, Inc. (ZCA) in the amount of $6,190, and authorizing the Mayor and City Clerk to execute the Contract Amendment.

 

Item 23 -        Eleventh Amendment to the Contract with Zev Cohen & Associates, Inc. for Professional Engineering Services for analysis, design, and presentation of findings for the investigations and recommendations of traffic control improvements on Sunset Cove Drive in Sunset Cove Subdivision

 

The scope of work contained in the Eleventh Amendment provides professional services for analysis, design and presentation of findings for the investigations and recommendations of traffic control improvements on Sunset Cove Drive in the Sunset Cove Subdivision.  Services under this contract amendment include review of the existing roadway conditions, monitoring of traffic volumes and movements, analysis of operations and recommendations for traffic calming to improve safety, lower speeds, and deterrence of cut through traffic.  The analysis phase includes an estimate of costs for the proposed improvements and a presentation of the results to City representatives.  Once complete with the analysis, the consultant will develop construction related documents to be used for selection of materials and installation of improvements.  The design phase will include coordination and oversight of the installation of the improvements as well as periodic monitoring and a closure report.

 

Funds are available for this purpose.

 

Project No.:                IMI008            Funding Account No.:       301-4300-541.63-97

 

Staff recommends approving the Eleventh Amendment to the Contract for Professional Engineering Services for analysis, design and presentation of findings for the investigations and recommendations of traffic control improvements on Sunset Cove Drive with Zev Cohen & Associates, Inc. (ZCA) in the amount of $10,880, and authorizing the Mayor and City Clerk to execute the Contract Amendment.

 

Item 24 -        Award Cambridge Canal Phase I Bank Armoring Contract to P&S Paving Services

 

Early in 2013, the City of Port Orange pursued state funding for the Cambridge Canal improvement project, which has been studied over several years and determined to be a high priority drainage improvement.  The State of Florida awarded the City a $500,000 grant for 2013.  In June, the City awarded a design contract to Quentin L. Hampton Associates (QLHA), the same firm that completed the earlier study and proposed phased improvements throughout the more than 700 acre drainage basin area.  The proviso for the funding required that the project be shovel-ready and under construction by December 2013.

 

The bid was structured to include a base bid and a bid alternate, breaking the construction into two sections in the event that the cost of the project exceeded available funding in the City’s Drainage Fund. The specifications also included the opportunity to bid an alternate material to the Redi-Rock product that was used in the Cambridge Canal when the first project was completed in the 2008 time period.

 

A mandatory pre-bid meeting was conducted on October 24, 2013 and attended by representatives of 20 construction firms.  An addendum was issued shortly thereafter to respond to the questions of the firms interested in bidding on the contract.  A formal bid opening was conducted on November 8, 2013, and six bids were submitted. Two of the six firms also provided a deduction if the alternate to Redi-Rock (Allan Block) was selected.  As the budget for this project phase was approximately $1 million to $1.2 million, and all of the base bids exceeded the budget, the alternate bid was not used to evaluate the overall price submittals. The low bid firm for the base bid with Redi-Rock  was P & S Paving at a cost of $1,376,500.

 

Two firms submitted an alternate material using Allan Block (similar to the B-19 Canal in the Yorktowne Blvd. area).  If the alternate material bid price was selected, the low bidder is Cline Construction, at a price of $1,262,695. Cline’s bid for the base bid with Redi-Rock is $1,408,695.  In evaluating this request, QLH considered both aesthetics and engineering data available.  Upon completion of their review, QLH recommends the project be constructed with Redi-Rock.

 

City Staff and QLH representatives discussed value engineering alternatives to reduce the project cost and some of the impact on the City’s Drainage Fund.  The City will purchase the Redi-Rock material directly, saving $27,624 in sales tax.  An additional $59,100 of savings was identified, resulting in a revised cost of $1,289,776 upon execution of Change Order No. 1 attached.

 

Work is scheduled to begin promptly upon contract execution, with this phase of work to be completed within six months.

 

Project No.:    DIP053                                  Funding Account No.: 412-1800-541.63-97

 

Staff recommends approval of the Phase I Cambridge Canal project to the low bidder, P & S Paving Services in the amount of $1,376,000, approve deductive Change Order No. 1 in the amount of $86,724 and authorize the Mayor and City Clerk to execute all associated contract documents.

 

Item 25 -        Halifax Paving Contract Extension

 

The contract between the City and Halifax Paving, Inc. to excavate Reservoir A (B05-04) will expire on December 31, 2013; however, the City is still due fill material.  As a result of approved change orders, the Coraci Park Settlement Agreement and utilization of the City’s stockpile, Halifax Paving owes the City 139,459 cubic yards of fill.  There is between 600,000-730,000 cubic yards of fill material left to be excavated from the reservoir.  The attached contract extension requires Halifax Paving to provide the City with the amount of fill currently due as well as 25-percent of all additional excavation.  The balance would be Halifax Paving’s percentage.  The extension sets performance benchmarks and requires that a minimum of 25,000 cubic yards of fill be delivered to the City on a monthly basis to avoid penalty.  The permit is in the process of being renewed and should be valid by the end of the calendar year.

Staff recommends approving a one-year contract extension with Halifax Paving, Inc. to complete the excavation of Reservoir A and authorizing the Mayor and City Clerk to execute all related documents, subject to receiving an executed extension from Halifax on or prior to December 30, 2013.

 

Item 26 -        Agreement with AT&T for Wireless Communication Services and Equipment

 

The City currently utilizes AT&T, Sprint and Verizon for its wireless services and equipment including cell phones, air cards and other connectivity services.  The City has been experiencing significant operational problems with Sprint that have not been resolved by the company despite multiple requests and efforts.  The Information Technology Division has proposed streamlining the majority of services to AT&T to take advantage of better, more reliable service, as well as discounted equipment and consolidated billing.

 

The attached contract will provide for wireless communication services and equipment used by the City and is effective through October 31, 2016.  It does not require the City to purchase in any set quantity and does not require the City to purchase unnecessary services.  Although the Information Technology Division oversees the contract, actual costs are budgeted in and billed to each department as a part of their communication services.

 

Funding Account No.: multiple depts.(512.44-00)        

 

Staff recommends approving a Participating Addendum with AT&T Mobility National Accounts LLC under the Western State Contracting Alliance in the amount of $73,000 for citywide wireless communication services and equipment and authorizing the Mayor and City Clerk to execute required documents.

 

I.      COMMUNITY DEVELOPMENT (Wayne Clark)

 

Item 27 -        First Reading - Ordinance No. 2013-25 – Adoption of the 2013 Comprehensive Plan Capital Improvements Element (C.I.E.) Annual Update, Case no. 13-27500001

 

Every year local governments are required to update their Capital Improvements Element (CIE), including the Five-Year Schedule of Capital Improvements (Schedule). The purpose of the C.I.E. and the Schedule is to identify the capital improvements in the adopted Capital Improvements Program (CIP) needed to implement the Comprehensive Plan and ensure the adopted level-of-service standards are achieved and maintained for concurrency-related facilities. The amendments to the C.I.E. include the updated Schedule (copied from the adopted FY 2013/14 – 2018/19 CIP) and amendments to update data related to the Schedule and other statutorily required information, such as: 

 

•           Projects included in the Transportation Planning Organization’s (TPO) Transportation Improvements Program (TIP) that the City relies on for concurrency; and

•           The Volusia County School District Five-Year Work Program.

 

PLANNING COMMISSION ACTION: October, 24, 2013; Recommended approval (6-0)

 

Staff recommends adopting Ordinance No. 2013-25, amending the Capital Improvements Element of the City’s Comprehensive Plan, in accordance with Florida Statutes.

 

Item 28 -        Resolution No. 13-72 – 13-2 Comprehensive Plan Amendment/Cypress Head (Continued October 15, 2013 and November 5, 2013)

 

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.

 

Item 29 -        Historic Tree Removal Request, FPL Magnolia Substation

 

At its October 15, 2013 meeting, the Environmental Advisory Board (EAB) recommended approval (6-0) of the proposed historic tree removal request to remove 3 of 14 historic trees located on the FPL Magnolia Substation site. 

 

Alternate transmission line routes and siting for the substation were considered during the design phase to minimize large tree removal. The majority of the specimen and historic trees are located on the eastern portion of the site. The substation was pushed as far to the west as possible to avoid a cluster of 5 historic trees to the east. The resulting proposed plan was chosen to minimize the impact to historic trees while meeting the operational needs for the utility. The standards of review for tree removal include considering the extent to which the actual or intended use of the property requires removal of trees. The intended use of the property would be difficult to achieve without the removal of 3 historic trees due to their location and the route needed to be taken for high voltage transmission line connections to the substation.

 

Historic trees approved for removal on commercial property are to be mitigated pursuant to Resolution 02-71.  Mitigation for the three historic trees is tabulated to be (67) 4-1/2” caliper, 14’ tall replacement trees or a $22,667 tree bank contribution. Since the remaining site area outside of the required electrical clearance zone will remain forested the recommendation was made to accept the $22,667 tree bank payment instead of replacement trees. Staff recommends approval of the historic tree removal request to remove 3 historic trees subject to a $22,667 tree bank contribution as outlined in Resolution 02-71, as recommended by the Environmental Advisory Board.

 

Staff recommends approving the historic tree removal request to remove 3 of 14 historic trees located on the FPL Magnolia Substation site, as recommended by the Environmental Advisory Board.

 

Item 30 -        Resolution No. 13-95 – Proposed Utility Easement Vacation, Lot 68 Sugar Forest Phase III Subdivision, Case #13-35000008

 

Staff has received an easement vacation application for a portion of a utility easement located on Lot 68 of the Sugar Forest – Phase III Subdivision development. The easement was originally established by the subdivision plat in 1978. The property owner has made this request in connection with a proposed above ground pool.

 

The easement vacation application and legal description have been reviewed for completeness and accuracy. The area has been inspected with respect to City codes and possible effects to adjacent properties resulting in no outstanding concerns. A building permit application has been received for the proposed above ground pool. City departments have reviewed this proposal and have no outstanding concerns. There are no utility improvements currently proposed for the area to be vacated. The subdivision is fully served by the existing utilities. Franchise utility company release letters have been obtained for the area of the easement described in Exhibit “A”.

 

Staff recommends approving Resolution #13-95, vacating a utility easement located on Lot 68 of the Sugar Forest – Phase III Subdivision development per the attached legal description Exhibit “A”.

 

J.    PARKS & RECREATION (Susan Lovallo)

 

Item 31 -        First Reading – Ordinance No. 2013-27 - Cast netting

 

Council asked staff to bring back an ordinance that would make it unlawful for any person to use a cast net to capture fish from any pond, lake, creek or otherwise watercourse owned by the city.

           

By amending chapter 50, article I to establish section 50-6 of the code of ordinances relating to prohibition of cast netting; providing for repeal of conflicting ordinances; providing for severability; and providing and effective date.

 

Staff recommends approving ordinance No. 2013-27 to prohibit the use of a cast net to capture fish from any lake, pond, creek or other watercourse owned by the city.          

 

K.   PUBLIC WORKS (Mary Anderson)

 

Item 32 -        First Reading - Ordinance No. 2013-28 – Amendment to Ordinance No. 2013-18 for Non Exclusive Franchise for Roll-off containers (Bid No. 13-27)

 

Ordinance No. 2013-18, Granted Non-Exclusive Franchise Agreement for Roll-Off Containers (Bid #13-27), to Republic Services of Volusia County. Republic Services of Volusia County has opted not to accept the terms and conditions of Ordinance No. 2013-18. Staffs recommend amendment to Ordinance No. 2013-18 to remove Republic Services as a Non-Exclusive Franchise Roll-Off Container Provider.

 

Staff recommends approving Ordinance No. 2013-28.

 

L.    CITY ATTORNEY (Margaret Roberts)

 

Item 33 -        Second Reading – Ordinance No. 2013-22 – Residency requirement for Administrative Officials

 

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.      

Item 34 -        Release of Utility Easement – Walter & Gail Green

The city received a request to relocate an existing fire hydrant from the applicants, Walter and Gail Green.   An easement for utility purposes was previously granted to the city and recorded.  The Public Utilities Department has reviewed the request and has approved the abandonment of the existing water line and the relocation subject to the city’s engineering requirements.  The applicant has requested that the city’s interest in the water line be removed from the public records.  The easement is not a part of a platted subdivision within the city and therefore a vacation of the easement is not appropriate in this case.  However, a release of the easement is typically executed and recorded, if the Public Utilities Department has no concern or need for the water line.

The City Attorney has prepared a release of easement and recommends approval.

Staff recommends approving the release of the utility easement and authorizing the Mayor and City Clerk to execute the Release attached hereto.

Item 35 -        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.

 

M.   ADMINISTRATION (Greg Kisela)

 

Item 36 –       Resolution No. 13-87 – Hazard Mitigation Grant Program Grant Award (Project #1840-7-R) Dunlawton Avenue Drainage Pond Phase II (Construction)

 

The City applied for and was awarded a Hazard Mitigation Grant Program (HMGP) grant to assist with the construction of the Dunlawton Avenue Drainage Pond Phase II project. This is the third grant that supports the drainage work.   HMGP dovetailed the Phase II award under the Phase I project that was approved by the City Council in 2011. 

 

After numerous reviews by FEMA and the State for environmental, historical, Tribal and the wildlife resources, especially the Eastern Indigo Snake, the project was approved.  Because of the review delays, and the project starting construction in January of this year, the current eligible HMGP grant reimbursable amount is $102,119.03.  The City’s match is $77,037.17.

 

Project No.:DIP048-P          Revenue Account No.: 421-0000-334-49-10

Funding Account No.:  421-0400-535-63-97. 

 

Staff recommends approving Resolution 13 – 87 and accepting the Florida Department of Emergency Management, Hazard Mitigation Grant Program (HMGP) Phase II grant award to construct the Dunlawton Avenue Drainage improvements, and authorizing the Mayor and City Clerk to execute any agreements or contracts and provide a match.

 

Item 37 -        Resolution No. 13-96 – Florida Department of Environmental Protection (FDEP) Grant Award – Cambridge Canal Phase I

 

The State Legislature appropriated funds to construct the Cambridge Canal Stormwater Improvements to address flooding and water treatment needs of the Cambridge Canal. The FDEP grant award amount is $500,000.00.  

 

Project No.:    DIP053                       Funding Account No.:       412 Fund Revenue            

 

Staff recommends approving Resolution 13-96 to accept the Florida Department of Environmental Protection Grant to construct the Cambridge Canal Stormwater Improvements Phase I and authorizing the Mayor and the City Clerk to execute any and all agreements.

 

Item 38 -        Daytona Beach Shores Billing Dispute Settlement Implementation

 

On November 5, 2013 the city council approved the settlement offer and resolved the dispute with the City of Daytona Beach Shores regarding the utility billing through September 5, 2012.  The City of Daytona Beach Shores City Manager has requested a joint agreement releasing the City of Daytona Beach Shores upon receipt of the payment of $454,448.01. 

 

The city manager and city attorney recommend council approve and authorize the execution of the attached document upon the city’s receipt of the payment in the amount of $454,448.01.

 

Item 39 -        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.

 

N.   COUNCIL COMMENTS

 

Item 40 -        Comments/Concerns from Council Members

 

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

 

GAK/rlf