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
Shannon Lewis, Assistant City Manager
Subject: Agenda Commentary for Regular City Council Meeting of
March 25, 2014
Date: March 20, 2014
Item 1 - Pledge of Allegiance
Item 2 - Silent Invocation
Item 3 - Roll Call
B. SPECIAL REPORTS
James Moore and Company will be present to provide the audit report to Council.
C. COUNCIL COMMENTS
At this time council members may discuss various matters or concerns.
D. BOARD APPOINTMENTS, INTERVIEWS, AND REPORTS
There is a vacant position on the Environmental Advisory Board. Newton White has agreed to serve on the Board. The new term is for three years and expires on May 7, 2017. A copy of Mr. White’s application is attached for review.
Staff recommends appointing Newton White to the Environmental Advisory Board.
At this time, a representative of KemperSports will make a report to the Council regarding the activities of the golf course.
E. CITIZEN PARTICIPATION (Agenda)
Nancy Smith will be present to discuss water billing issues at 150 Orchid Lane.
F. CITIZEN PARTICIPATION (Non-Agenda – 15 Minutes)
G. CONSENT AGENDA
Item 9 - Approval of Minutes
Attached are the City Council meeting minutes from recently held meetings. Should you have questions, please feel free to contact Robin or me.
Attached is the Project Managers’ Report. If you have questions, please contact any of the Project Managers or me.
Nancy Chatley, Community Association Manager and agent on behalf of the Countryside PUD Phase IV-C Homeowner Association, has applied to the Community Development Department to enter upon and to utilize a portion of the Smokerise Boulevard right-of-way as shown on the Plat of the Countryside PUD Phase IV-C subdivision, as recorded in Map Book 43, Page 88, of the Public Records of Volusia County, Florida, for the purpose of installation, maintenance, repair, replacement and removal of brick paver sidewalk extensions from the easterly ends of existing street sidewalks to connect with an existing sidewalk along the westerly side of Country Lane (hereinafter collectively referred to as the "lmprovements") as depicted in Exhibit "A".
The License Agreement Application has 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 submitted for the proposed Improvements. The Licensee assumes all responsibility for the maintenance and, if necessary, replacement of the lmprovements depicted in Exhibit "A". The City reserves the right to remove or cause to be removed, the lmprovements without any liability to the City or obligation to replace the same upon completion of any City project requiring removal or repair of the Improvements. The Licensee agrees to routinely inspect the lmprovements and notify the City in writing of any condition that would constitute a hazard to pedestrians. Should the property owner fail to abide by requirements in the agreement, it provides the City with the ability to take necessary corrective actions at the expense of the Licensee.
Staff recommends approving and authorizing the Mayor and City Clerk to act on behalf of the City to execute a License Agreement for the Countryside PUD Phase IV-C Homeowner Association, Inc.
The City of Port Orange, Purchasing Division, released a quote request on “Quote Wire” (Demand Star) seeking to sell approximately 30,000 cubic yards of dirt that is located at the City’s Central Well field property. Five hundred and thirty six suppliers were notified of this quote request via Demand Star. Five (5) local utility road contractors were also notified via e-mail directly, P & S, Halifax Paving, Masci , Hazen, and Tomoka. One quote for dirt purchase was received from Tomoka Construction Services, Inc. in the amount of $2.15 per cubic yard for approximately 30,000 cubic yards of dirt for a total purchase price of $64,500.00.
Funding Account No.: 421 0000 369 9000
Staff recommends approval of the “Quote Wire” quote for dirt sales from Tomoka Construction Services, Inc. in the amount of $2.15 per cubic yard for approximately 30,000 cubic yards of dirt.
This two phased project is being constructed in order to get the waterlines upsized and relocated as cost effectively as possible.
South Atlantic Avenue is required in order for us to move our watermains for the proposed sidewalk and storm system modifications planned by Volusia County later this year. The second phase of the project within FDOT right-of-way of Ridgewood Avenue is being completed to upgrade old / undersized waterlines crossings prior to the entire roadway being repaved by the FDOT later this calendar year.
Design plans and specifications were recently prepared with the two phased project being competitively bid. Bids were publically advertised and then opened on December 10, 2013. Of the three bidders, Masci Corporation was deemed to be the lowest, responsive bidder. Funds are currently budgeted and available in our Water System Replacement and Water System Reinforcement Projects to award this contract.
Project No.:URF001 / URP001 Funding Account No.: 405 / 421-0800-533-6397
Staff recommends awarding a contract to Masci Corporation in the amount of $380,017.50 for the South Atlantic Avenue and Ridgewood Avenue Watermain Adjustments Project - Bid #14-01, and authorizing the Mayor and City Clerk to execute all required contracts and other associated documents on behalf of the City
Staff recommends purchasing a 68,000 lb. vehicle lift for the Vehicle Maintenance Shop using surplus FY14 Capital Improvement Funds. As of this date, there is no lift in Vehicle Maintenance that can handle the weight and size of a fire apparatus or heavy duty trucks. Mechanics are required to use air assisted jacks and must lie on a creeper under the vehicle to perform underbody work. This lift will allow the Shop Mechanics to work more safely and efficiently with fire trucks, dump trucks, and other heavy duty equipment.
Funding Account No.: 50510005196400
Staff recommends approval to purchase a Mohawk 68,000 lb. 4 post mobile vehicle lift for the Public Works Vehicle Maintenance facility from Mohawk Resources Ltd. for an amount not to exceed $38,667.74, and authorizing the Mayor and City Clerk to execute contract documents as necessary.
In the Spring of 2011, Mowing and Landscape contracts were competitively bid and one section of the four bid at that time was awarded to Tif Jen Inc., allowing up to five annual renewals. If approved, this renewal will cover the period Aporil 1, 2014 through March 31, 2015. Annual CPI increases for this contract are planned for the beginning of the City’s fiscal year on October 1. The work to be performed will cover the same areas as previous contract.
Funding Account No. 00143005413420 $106,798.71
41218005413420 $ 8,049.89
40106005363420 $ 8,247.24
Staff recommends approving the renewal of the Landscape Maintenance contract (Bid #11-11) with Tif-Jen Inc. in the amount of $247,911.16, and authorizing the Mayor and City Clerk to execute any contract documents as necessary.
Following the previous contractor’s resignation from their contract in summer 2013, Public Works and other departments have been performing mowing activities in-house. The Landscape Maintenance Bid #14-12, was released on February 17, and a mandatory pre-bid meeting was conducted on February 24 with 8 firms attending. Bids were opened on March 11, 2014 and three bids were received. Upon reviewing the bids, and the costs of performing the work in-house since October, 2013, Staff recommends rejecting the bids. City Staff will continue to perform the work using in-house and temporary Staff for the remainder of this fiscal year. Public Works will complete an evaluative report for the City Council to be presented in June, 2014 that summarizes the full impact of an in-house mowing operation.
In order to complete the scheduled work during the higher frequency mowing period, additional resources that will be needed include equipment and temporary personnel. The additional staffing can be accomplished through temporary services, and includes seven (7) Maintenance Worker positions. In addition, 5 mowers will be necessary to accomplish all of the work (in addition to the existing mowers that Public Works uses to complete its own in-house mowing. Additional fuel and equipment maintenance costs are anticipated during this period. The costs to be funded from the Landscape Maintenance line items from Public Works, Parks & Recreation and Public Utilities are outlined below.
Personnel – 7 temporary positions (6 months): $98,752.00
Mowers – (2 purchased through Fleet Replacement not included) 50,141.00
Fuel and Maintenance (6 months) 35,000.00
Total Estimated Cost $183,893.00
The mower purchases are identified in a separate item for City Council approval.
Staff recommends rejection of all bids received for Landscape Maintenance Bid #14-12 and continuing to perform this work using in-house forces for at least the remainder of FY2014.
Staff has reviewed equipment needs necessary to take over landscape maintenance of property that was previously contracted out until the end of FY14 or longer if necessary. It has been determined that 5 additional mowers are needed to do the work. Two of the mowers will be funded from the Fleet Replacement Fund, and the other three will be funded using contract landscaping operating funds.
Funds to be utilized are as follows:
Funding Account# 50510006196400 $33,427.42
Staff recommends approval to purchase 5 additional John Deere commercial mowers in an amount not to exceed $83,568.55 and authorizing the Mayor & City Clerk to execute contract documents, as necessary.
H. FINANCE (Wayne Saunders)
This budget resolution would appropriate $71,510 of available fund equity in the 301 Capital Projects Fund (Gas Tax) for the recommended US 1 (Ridgewood Avenue) Irrigation Conduit project through a locally funded FDOT agreement.
After the appropriation of the above $72K, the estimated equity balance in the 301 Fund at 9/30/2014 will be $1.0M.
Funding Account No.: 301-4300-541-81-10
Staff recommends approving Resolution No. 14-11.
This budget resolution would appropriate $33,500 of available fund equity in the 505 Lease and Replacement Fund to purchase two new mowers in order to perform the mowing contract in-house for the rest of FY14.
After the appropriation of the above $34K, the estimated equity balance in the 505 Fund at 9/30/2014 will be $2.566M.
Funding Account No.: 505-1000-519-64-00
Staff recommends approval of Resolution No. 14-16.
Attached is the Monthly Financial Report. If you have questions, please contact Wayne Saunders or me.
I. COMMUNITY DEVELOPMENT (Wayne Clark)
Item 21 - Second Reading – Ordinance No. 2014-6 – Ordinance approving the 1st Amendment to the Riverwalk Marina & Riverboat Master Development Agreement and Conceptual Development Plan, Case no. 13-40000005
At its January 23, 2014 meeting, the Planning Commission recommended approval of the proposed 1st Amendment to the Riverwalk Marina and Riverboat MDA and CDP. The proposed 1st amendment is to provide the regulatory framework to allow the construction and use of a temporary parking lot and drop-off drive for 24-months and to defer some site improvements indicated in the original MDA and CDP.
According to the applicant, the intent of the proposed 1st amendment is to defer construction of some site improvements to accommodate the potential location of park improvements currently being planned by the City and the mixed-use project being developed by the property owner. The applicant anticipates future development occurring that might require some site improvements (parking lots, landscaping, and sidewalks) currently required in the original MDA and CDP to be removed and relocated.
Staff understands the discussion from the December 10, 2013 CRA meeting to include general support for a temporary parking lot for the marina and restaurant being allowed on the east side of Halifax Drive but only for a period of 24 months.
Staff recommends approving Ordinance No. 2014 - 6 approving the 1st Amendment to the Riverwalk Marina and Riverboat Master Development Agreement (MDA) and Conceptual Development Plan (CDP) as recommended by the Planning Commission.
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
At its February 27, 2014 meeting, the Planning Commission recommended approval of the proposed amendments to modify the Planned Community – Riverwalk (PC-R) regulations to allow the City to develop the Riverwalk Park. The existing PC-R zoning regulations, adopted in 2007, were created to support a large master planned mixed-use project to be developed primarily by one master developer on the 35± acre site. That development concept has substantially changed since 2007 and the PC-R zoning regulations have to be amended to allow the conceptual Riverwalk Park to be formally designed and constructed.
The proposed amendments would allow public parks and related facilities to be constructed in all five “project type” categories that define the permitted uses in PC-R. The amendments would also allow public parks to be developed consistent with existing development regulations applicable to park projects outside the PC-R zoning. These existing development regulations provide standards for water, sewer, stormwater, signage, landscaping, transportation, parking and other aspects of design for parks.
Staff recommends adopting Ordinance No. 2014 – 13 amending Chapter 17, Section 30 of the LDC, as recommended by the Planning Commission.
The City in its ongoing endeavor to utilize Federal Highway grant money (typically issued via TPO from FDOT) to assist with supporting capital project funding must continue to comply with federal guidelines in order to be eligible for such funds. Most recently federal requirements have mandated that all fund recipients adhere to specific criteria not currently covered in the City's purchasing policy. Therefore in order to be compliant with federal guidelines staff has developed a resolution to address seven of the items needed for the City's recertification. These items are summarized as follows:
1) Local preferences will not be permitted for federally funded projects. The City's current purchasing policy states “In the purchase of, or contract for, personal property or contractual services, the city council may give a preference in an amount not to exceed three (3) per cent of the bid price to local persons;” Local preference is not permitted on federally funded jobs.
2) Minimum project/product advertisement duration of three weeks. The City's current purchasing policy allows a 12 day advertising period and also outlines different advertisement times based on project cost and the project duration. Federally funded projects are required to be advertised a minimum of 3 weeks, regardless of estimated cost.
3) Statement of procedure for reading bids aloud;
4) Utilization of 23 CFR 635.114 for determining unbalanced bids (attached as Exhibit “A”), and provides assurance of guarantees and warranty clause consistent with 23 CFR 635.413 (attached as Exhibit “B”). The City does not have a policy to determine unbalanced bids and this is a requirement for federally funded projects. A one-year guarantee is typically addressed in the bid documents (i.e. specification - General Conditions), but federal highway now requires further definition in the City's purchasing policy.
5) Establish contract time consistent with State productivity rates (attached as Exhibit “C”);
6) All requests for qualifications to include reference to United States Code Title 40, Chapter 11, Section 1101-1104 Selecting Architects and Engineers (Brooks Act). The City’s policy references the Consultants Competitive Negotiation Act - CCNA but does not reference 40 USC 1101-1104 (Brooks Act) which outlines additional Federal requirements.
As such in order to comply with federal regulations and remain eligible for Local Agency Program (LAP) grant dollars associated with such tasks as planning, design, consultant selection, bid and award projects, etc. it is recommended the City approve Resolution No. 14-12 which amends the purchasing policy to adhere to the federal guidelines.
Item 25 - Resolution No. 14-13 – Locally Funded Agreement for the design, permitting and installation of irrigation conduit for the medians of State Road 5/US 1 from Fleming Avenue to the southern city limit
Design plans for the milling and resurfacing of State Road 5 / US 1 (Ridgewood Avenue) from south of Harbor Road to Fleming Avenue are nearing completion. Staff has been working with the FDOT design consultant to incorporate conduit to link the medians together for future irrigation installation. The resulting plans incorporate the installation of 3,233 linear feet of 3 inch diameter High Density Polyethylene (HDPE) pipe, 100 linear feet of directional bore conduit; and 3,233 linear feet of utility 1” pipe/PVC/casing/conduit. FDOT requires the City to enter into a Locally Funded Agreement to pay for the installation of the irrigation conduit. Such an agreement requires that the City furnish a lump sum contribution in the amount of $71,510 for the total estimated cost for the irrigation conduit, on or before, but no later than May 31, 2014. This anticipated expenditure is shown in FY16 of the Capital Improvement Program in an estimated amount of $88,000. Irrigation conduit can be achieved at a later date by directional bore for a comparable installation cost, however this approach will also require the City to prepare design plans and obtain permits from FDOT.
Funding Account No.: 301-4300-541.81-10
Staff recommends approving Resolution No. 14-13 approving the Locally Funded Agreement for the design, permitting and installation of irrigation conduit and authorizing the Mayor and City Clerk to execute the Agreement and Resolution and utilize fund balance for the contribution.
The proposed Wawa Convenience Store and Gas Station Site will be located at 1031Dunlawton Avenue, on the north side of Dunlawton Avenue, west of Nova Road. The site was originally developed in 1983 and consists of an existing building that was used as a restaurant and a parking lot. Although the building has been renovated over the years the site has remained much as it was originally constructed 30 years ago. The Wawa site plan requires demolition of the existing building and reconfiguration of the site.
The proposed Site Improvements Agreement has been prepared in conjunction with the site plan to redevelop the subject property. The Site Improvements Agreement is for the construction of a public water line to serve the subject property and adjacent properties. The placement of the new building requires the removal of an existing public water line and the construction of a new public water line outside the proposed building footprint. The Land Development Code requires the public water line to be placed outside of the building footprint to allow sufficient room for maintenance. The public new water line will be constructed along other site improvements for Wawa Site Plan. The agreement is attached for review.
Staff recommends approving the Site Improvements Agreement for the Wawa Convenience Store and Gas Station Site Plan.
The applicant is requesting to remove one 38-inch diameter live oak tree. The tree has grown close to the adjacent residential structure and is leaning on the structure. A majority of the heaviest tree limbs are over the adjacent neighbor’s home and there is a large hollow cavity within the trunk that is approximately ten feet from the base of the tree. In addition, the proximity of the roots from the tree has caused structural damage to the resident structure.
Based on the location and health of the tree, staff recommends approval of the historic tree removal request to remove one historic tree.
Staff recommends approving the historic tree removal request to remove one historic tree located at 111 Wimbledon Court.
J. FIRE DEPARTMENT (Joe Pozzo)
In 1984, the City of Port Orange entered into an agreement with Volusia County to provide fire suppression and rescue services to the unincorporated areas in the southeast quadrant of the City. Since this original agreement, there have been a series of amendments that have modified the agreed upon coverage area, and payment for services to the City from the County. On October 1, 2012 the City of Port Orange entered into an agreement with Volusia County to provide fire services to certain unincorporated areas for the fee sum of $85,680. On May 2, 2013 the City of Port Orange and Volusia County agreed to amend the October 1, 2012 agreement (First Amendment) to extend the terms of said agreement from February 28, 2013 to September 30, 2013. Since September 30, 2013 the City of Port Orange has continued providing fire services in accordance with the October 1, 2012 agreement. Volusia County has continued to reimburse the city for these services on a quarterly basis.
Volusia County seeks to amend the first amendment to the October 1, 2012 agreement. This amendment (Second Amendment) reduces the fee for services from the current ($85,680) to the following:
• $50,000 availability fee to provide fire suppression services into the service area (certain unincorporated area). This fee will be paid annually and at the beginning of the fiscal year.
• Volusia County will reimburse the City of Port Orange for the cost of responding to calls when a Port Orange unit physically arrives first on the scene (as verified through the consolidated County dispatch center) at the rate of $200.00/hour fee inclusive of all equipment and personnel costs. Volusia County will deduct a credit for services into the City of Port Orange prior to payment for responses as outlined herein.
Staff seeks city council direction regarding the proposed second amendment to the agreement between the City of Port Orange and Volusia County, for the provision of fire services to certain unincorporated areas delineated in the attached map.
J. CITY ATTORNEY (Margaret Roberts)
During construction of the Altamira project canal relocation, a city water line was damaged. Staff recommends approval of the settlement agreement to resolve its claim.
Staff recommends approving the settlement agreement with Four Lanes, LLC attached hereto.
The attached resolution ratifies the establishment of Yorktowne Boulevard as a public right of way of the City of Port Orange.
Staff recommends approving Resolution No. 14-17 ratifying the acceptance and approval of Yorktowne Blvd.
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.
K. CITY MANAGER (Greg Kisela)
The City seeks grant assistance from FIND to construct a kayak/canoe launch facility and portions of the Riverwalk Boardwalk north of the Riverside Pavilion. Last year, FIND funded the design and permitting of this project.
The project costs associated with this project total $400,000.00. The City is requesting $200,000.00 from the FIND program and matches the request with $200,000.00 in cash.
The FIND program specifically requires the attached Resolution (Attachment E-6) and its related language be approved. Project No.:AIO004 Funding Account No.: Proposed Bond Proceeds from Debt Refinancing.
Staff recommends approving Resolution 14 - 14 authorizing the City Manager to submit a grant application to the Florida Inland Navigation District (FIND) grant program, provide a match, and authorizing the Mayor and City Clerk to execute any agreements or contracts.
The FIND is one of the few grant programs that fund design and permitting of projects. The City seeks grant assistance to design and permit the Riverwalk Boardwalk and Waterfront Park elements south of the Riverside Pavilion to Ocean Avenue. Included is: drainage, stormwater, geotechnical, boardwalk and overlook, trailhead/restrooms, area parking, the event lawn and the playground.
The project costs associated with this project total $200,000.00. The City is requesting $100,000.00 from the FIND program and matches the request with $100,000.00 in cash.
The FIND program specifically requires the attached Resolution (Attachment E-6) and its related language be approved. Project No.:AIO004 Funding Account No.: Proposed Bond Proceeds from Debt Refinancing.
Staff recommends approving Resolution 14 – 15 authorizing the City Manager to submit a grant application to the Florida Inland Navigation District (FIND) grant program, provide a match, and authorizing the Mayor and City Clerk to execute any agreements or contracts.
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.
L. COUNCIL COMMITTEE REPORTS
At this time, Council Members may report on various committees to which they have been assigned.