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

                        March 4, 2014

 

Date:               February 27, 2014

 

 

  1. OPENING

 

Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call

 

B.   COUNCIL COMMENTS

 

Item 4 -           Comments/Concerns from Council Members

 

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

 

C.   BOARD REPORTS, APPOINTMENTS, AND INTERVIEWS

Item 5 -           Construction Regulation Board Appointment – Mike Gardner

 

There is a vacant position on the Construction Regulation Board. Michael Gardner has agreed to serve on the Construction Regulation Board. The new term is for two years and expires on February 15, 2016. A copy of Mr. Gardner’s application is attached for your review. With this appointment, the CRB will have a full Board. There have been no other applications received at this time.

 

Staff recommends appointing Mike Gardner to the Construction Regulation Board.

 

Item 6 -           Construction Regulation Board Re-Appointments – Brad Blais & Tim Thompson

 

Brad Blais and Tim Thompson’s terms are expiring and both have agreed to continue to serve on the Construction Regulation Board. The new term is for two years and expires on February 15, 2016. There have been no other applications received at this time.

 

Staff recommends re-appointing Brad Blais and Tim Thompson to the Construction Regulation Board.

Item 7 -           Parks & Recreation Advisory Board Re-Appointment – Jack Wiles

 

Jack Wiles’ term is expiring and he has agreed to continue his service on the Parks & Recreation Advisory Board. The term is for three years and will expire on February 15, 2017.

Staff recommends re-appointing Jack Wiles to the Parks & Recreation Advisory Board.

Item 8 -           Environmental Advisory Board Report

 

At this time, Suzanne Grubbs, Chairman of the Environmental Advisory Board will provide their report to Council.

 

Item 9 -           Report from Kemper Sports Management regarding Cypress Head Golf Course

 

At this time, a representative of KemperSports will make a report to the Council regarding the activities of the golf course.

 

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

 

E.   CONSENT AGENDA

 

Item 10 -        Approval of Minutes

a.    February 4, 2014 – Regular City Council Meeting

 

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

 

Item 11 -        Construction Activity Report

 

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

 

Item 12 -        Renewal of Storm Drain Pipe Lining Contract (Bid Award #13-12, Project #DIP033)

 

The pipe lining practice and procedures are for the reconstruction of existing storm drain pipes by inversion and curing of a resin-impregnated, flexible tube.

This extends the useful life of the pipe and improves storm system function ability.

 

On March 19, 2013, Council awarded the reference contract to Layne Inliner LLC. The initial contract term was for one year with two optional one year renewals. Staff recommends approval of the first one year renewal the existing Storm Drain Pipe Lining Contract with Layne Inliner, LLC not to exceed $535,760.00

 

Project No.: DIP033             Funding Account No.: 41218005416397

 

Staff recommends approving the first one (1) year renewal of the Annual Contract (Bid #12-13) for Storm Drain Pipe Lining to Layne Inliner, LLC, this contract will expire March 14, 2014 and to encumber a total amount, not to exceed $535,760.00, and authorizing the Mayor and City Clerk to execute all required contract documents on behalf of the city.

 

Item 13 -        Piggyback Agreement and Contract Addendum No. 1 with P&S Paving, Inc. for the Annual Paving Program FY2014

 

Staff has identified streets and roadways in need of milling, resurfacing, and/or base repairs for the FY2014 Paving Program.

 

The spreadsheet attached indicates the type of repairs, types of base condition and recommended repairs of the roadway/street, and estimated cost for the scheduled repairs and/or routine maintenance (resurfacing).  This includes a major repair project on Yorktown Blvd. north of Dunlawton.  This road has settled in several locations and has been subjected to significant drainage issues over the years.  An engineering analysis was completed in the summer of 2012 which was used to develop the scope of work for its repairs.

 

P & S Paving, Inc. originally agreed to enter into a Piggyback Agreement with the City for the Annual Paving Project FY2014 in the amount of $962,504.44, and obtained a Payment and Performance Bond in that amount.  Staff has since modified the areas for repair, resulting in a reduction in total cost by $19,825.51.  The City Attorney has prepared Contract Addendum No. 1 to reduce the amount of the contract to $942,678.93 and to allow for the use of the issued Payment and Performance Bond.

 

Project No.:  POL038                                  Funding Account No.: 30143005416397

 

Staff recommends approving a Piggyback Agreement and Contract Addendum No. 1 in the net amount of $942,678.93 with P & S Paving, Inc. for asphaltic concrete and existing surface removal pursuant to the Volusia County contract, to approve waiver of duplicative competitive bidding, and authorizing the Mayor and City Clerk to execute contract documents.

 

Item 14 -        Approval for two authorized part time, no benefit positions in the Parks Maintenance Division

 

In order to move temporary service personnel utilized by the City on a regular basis to the City’s payroll, two additions to the City’s official personnel roster are required:  Office Assistant III and Maintenance Worker II.  Temporary service personnel have been serving in these capacities in the Parks Maintenance Division for well over a year and have been instrumental in helping the City maintain its level of service in this area.  These positions are currently fully funded in the Temporary Help line item of the Parks Maintenance Division Budget.     

 

A complete discussion and justification for these two positions is provided in the attached memorandum. 

 

Project No.:                N/A                 Funding Account No.: 001-4400-572.1200

 

Staff recommends authorizing the addition of a regular part-time, no benefits Office Assistant III position and a regular, part-time, no benefits Maintenance Worker II position in the Parks Maintenance Division of the Parks & Recreation Department.  

 

Item 15 -        City Cost Participation Request for Water’s Edge Phase XII Sanitary Sewer Force Main improvement and Lift Station Wet well upsize

 

The developer and engineering team for Water’s Edge Phase XII have been working diligently with Public Utilities staff to improve the existing sanitary sewer force main system within the Water’s Edge PUD and upsize the proposed lift station wet well capacity to serve future surrounding undeveloped properties. 

 

In the past few years, an undersized 625 feet of existing 6” force main along Waters Edge Blvd. is affecting the efficiency of an existing lift station performance.  City staff is requesting the developer to upsize this segment of the 6” force main to match with the rest of the 8” force main along Waters Edge Blvd.  Furthermore, City staff is requesting the proposed lift station wet well for Water’s Edge Phase XII to be built deeper in order to serve the undeveloped 115 acres to the south of this project.  This force main and lift station capacity upsize will benefit the developer and the City to serve future undeveloped properties to the City southernmost limits.  This sewer system upsizing is specifically outlined as being eligible for City Cost Participation under Chapter 11 Section 6 of the Land Development Code.

 

Based upon staff review of the cost estimates, the City is paying its share and additional costs to gain system operational efficiencies.  Staff is recommending approval of this City Cost Participation request in the amount of $23,068.05.  Funds are currently budgeted and available in the CIP City Cost Participation project account.

 

Project No.: UCP001                       Funding Account No.: 405-0401-535-6397

 

Staff recommends approving City Cost Participation in an amount not to exceed $23,068.05 for sanitary sewer force main improvement and lift station upsizing with Water’s Edge Phase XII development and authorizing the Mayor and City Clerk to execute all required contract documents.

 

Item 16 -        City Attorney’s Quarterly Report

 

Attached is the City Attorney’s Report. If you have questions, please contact either Margaret Roberts or me.

F.    COMMUNITY DEVELOPMENT ( Wayne Clark)

 

Item 17 -        Public Hearing - First Reading - Ordinance No. 2014-9 – Ordinance Rezoning and Approving a Master Development Agreement & Conceptual Development Plan/Atlantic Marine PCD, Case no. 13-65000001

 

At its January 23, 2014 meeting, the Planning Commission in a 3 – 3 vote did not recommended approval of the request to rezone +/- 2.49 acres, located at the southwest corner of Dunlawton Avenue and Lemon Street, from “RD” (Ridgewood Development) and “NP” (Neighborhood Preservation) to “PCD” (Planned Commercial Development).

 

After the Planning Commission Meeting, the applicant met with some of the nearby neighbors and a compromise was developed to install a 40’ buffer and an 8’ vinyl privacy fence along the west and south property line on the adjacent 619 Lemon Street property. This property is not included in the rezoning request but this condition has been added to the MDA.

 

The applicant has also requested to withdraw his prior agreement to lower the maximum building height in the MDA to 35’ and go back to the code required maximum height of 45’. The applicant originally lowered the building height request to address a concern by residents. However, after the Planning Commission Meeting, the applicant determined the additional height may be needed for the proposed building to accommodate the equipment that will be used to repair boats.

 

If the rezoning request is approved, the MDA and CDP will provide the regulatory framework for the development of a full service boat facility that will provide boat sales, repairs and storage and the planting and maintenance of a 40’ landscape buffer and 8’ vinyl privacy fence along the west and south property line at 619 Lemon Street.

 

Staff recommends approving Ordinance No. 2014 - 9   rezoning +/- 2.49 acres from “CI” (Commercial Industrial), “NP” (Neighborhood Preservation), and “PO” (Professional Office) to “PCD” (Planned Commercial Development) and approve the Atlantic Marine Master Development Agreement (MDA) and Conceptual Development Plan (CDP).

 

G.   POLICE DEPARTMENT (Jerry Monahan)

 

Item 18 -        Resolution No. 14-7 – High Visibility Enforcement Project

 

The Port Orange Police Department has been selected to receive funding from the Florida Department of Transportation to improve the safety of pedestrians and bicyclists.  These funds are limited to overtime for high visibility enforcement specific to improving pedestrian and bicycle safety.  The projected overtime cost analysis for this project is $3,360.00. 

 

Update:  The Letter of Agreement and Contract has been received from the Florida Department of Transportation showing the proposed budget was modified.  The award amount is $8,400.00.  Documents are attached.

 

Staff recommends approving Resolution # 14-7 to ratify, approve, and accept grant funds from the Florida Department of Transportation for High Visibility Enforcement to improve the safety of pedestrians and bicyclists.

H.   PUBLIC WORKS (Mary Anderson)

 

Item 19 -        Resolution No. 14-8 - Approval of Renewal of Florida Department of Transportation (FDOT) Memorandum of Agreement with the City of Port Orange

 

The City of Port Orange and FDOT right-of-way maintenance agreement (contract #AP006) is set to expire on March 31, 2014.  Under this agreement, the FDOT agrees to compensate the City of Port Orange for various maintenance activities along state roads such as Dunlawton Avenue, Ridgewood Road, etc.  The annual compensation amount of $40,610.00 is paid quarterly ($10,152.50). The agreement is proposed to be renewed for a 3 year period for a total sum of $121,830.00.

 

Staff recommends approving Resolution No. 14-8, Contract #AR493 for routine maintenance activities for a 3 year period expiring March 31, 2017.

 

I.      CITY ATTORNEY (Margaret Roberts)

 

Item 20 -        City Attorney Comments

 

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

 

J.    ADMINISTRATION (Greg Kisela)

 

Item 21 -        Public Hearing - Second Reading – Ordinance No. 2014-8 – Amending the Audit & Budget Advisory Board Membership

 

In May 2013, the City Council formed the Audit and Budget Advisory Board. This ordinance specifies that the City Manager and the Finance Director serve as ex-officio members of the Board. Operationally, this creates difficulty and I would recommend that staff be designated as liaisons instead of ex-officio members.

 

Staff recommends approving Ordinance No. 2014-8, reflecting that the City Manager and Finance Director be liaisons to the board instead of ex-officio members.

 

Item 22 -        First Reading – Ordinance No. 2014-7 – Amending the Port Orange Fire and Rescue Pension Fund, Chapter 54, Article IV, Sec. 54-80

 

The Port Orange Fire Rescue Pension Fund Board has requested changes to Chapter 54, Article IV, Sec. 54-80 of the Code of Ordinances to allow the board to invest in real estate directly or through an appropriate investment vehicle.  Additionally, they have requested changes in the aggregate of their investments in common stock, capital stock and convertible securities from 60% at cost to 70% at market.  The board has provided a letter of no impact from Foster & Foster.  The City’s pension attorney, Jim Linn, indicated that the ordinance is legally permissible, but recommended the City consult with its financial advisors.  The City’s financial advisors have requested additional information, as attached, in order to provide a formal determination.  The Board has requested an opportunity to address the City Council and plans to have a representative present to respond to PFM’s concerns.  If approved, second reading will be scheduled for March 18, 2014.

Staff recommends approving Ordinance No. 2014-7 amending the Port Orange Fire and Rescue Pension Fund to make changes to Chapter 54, Article IV, Sec. 54-80, Finances and Fund Management, and authorizing the Mayor and City Clerk to execute and codify the document.

Item 23 -        Discussion regarding Options concerning Suspension of Reuse/Reclaimed Consumption Rates

 

Options will be discussed concerning suspending the reuse/reclaimed consumption rates as a result of the wet weather.

 

Item 24 -        City Manager Comments

 

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.

 

GAK/rlf