MEMORANDUM

 

 

To:                   Mayor Allen Green

                        Vice Mayor Mary S. Martin

            Councilman Dennis Kennedy

                        Councilman Robert Pohlmann

            Councilman George Steindoerfer

 

From:              Kenneth W. Parker, City Manager

 

Subject:          Agenda Commentary for Regular City Council Meeting of

                        June 28, 2005

 

Date:               June 21, 2005

 

 

 

B.                 CITIZEN PARTICIPATION (Agenda)

 

 

C.                CONSENT AGENDA

 

 

Item 4 -           Project Managers’ Report

 

Attached is the project managers’ report.  Should you have questions concerning the report or on any item included in the report, please feel free to call the Project Manager.

 

Item 5 -           Cypress Springs Parkway Emergency Sewer Line Repair – American Water

 

A deep gravity sanitary sewer has failed at two sanitary wyes, connection points with sewer laterals.  The failure has occurred in the center of a busy city street, on an active  deep sewer line.  It is our intention for American Water to install a pipe liner from manhole to manhole on this same section of pipe immediately after Hazen Construction has completed their work

repairing the pipe.  We would like to propose that we utilize the City’s existing contract with American Water to have this liner installed. They have agreed, per their recent letter, to extend their contract to perform this additional work for us.  This section of sewer pipe lining is anticipated to cost approximately $18,000.  However, additional funds are also being requested to allow them to perform additional pipe cleaning and pipe video investigative work, should the need arise in the coming months.

 

We request your approval to continue our existing contract with American Water, in an amount not to exceed $30,000, for the required sanitary sewer system rehabilitation and diagnostic efforts.  Funds are currently available in the Sewer System Rehabilitation Project  # URH001, pending a previously requested budget transfer of funds from contingency.

 

This work authorization is a companion to the proposed authorization to allow Hazen Construction to perform the two sewer point repairs on Cypress Springs Parkway.

 

Staff recommends to waive normal bidding procedures and to authorize American Water to perform sewer pipe cleaning, sewer pipe video taping, and internal pipe lining installation, in an amount not to exceed $30,000 and to authorize the Mayor and City Manager to sign all required contract documents.

 

City Manager Comments:  Because of the emergency nature of the repair and the potential to health and property, I authorized the emergency work.  We spoke with contractors to see who was available to do the emergency work.  Hazen Construction could mobilize immediately to make the necessary repairs.   

 

Item 6 -           Cypress Springs Parkway Emergency Sewer Line Repair – Hazen Construction

 

A deep gravity sanitary sewer main has failed at two sanitary wyes, connection points with sewer laterals.  One of these sewer laterals completely failed on June 16, 2005 creating a significant collapse of the roadway and shutting off sewer service to one home.  This necessitated our City Manager to authorize this work to begin immediately.  These failures are located in the center of a busy city street, on an active deep sewer line.   It is our intention to open up the street at these two locations, excavate down approximately 20.0 feet, and perform two point repairs of the sewer main.  This work includes all related well pointing, traffic control, and right-of-way restoration efforts for a complete project. We requested and obtained three price quotes from three local underground utility contractors.  The three proposals were reviewed and it was determined that Hazen Construction could respond quickest at a fair competitive price per their written quotation.  The emergency nature of this repair made immediate response a priority.

  

We request your approval to waive normal bidding procedures and validate this emergency work authorization by our City Manager for Hazen Construction to perform the required sanitary sewer system rehabilitation and related right-of-way restoration efforts, for an amount not to exceed $57,350.  Funds are currently available in the Sewer System Rehabilitation Project # URH001, pending a previously requested budget transfer of funds from contingency.

 

This work authorization is a companion to the proposed authorization to allow American Water to install a sewer pipe liner in this same section of sewer pipe on Cypress Springs Parkway.

 

Staff recommends to waive normal bidding procedures and to validate a purchase order to Hazen Construction to perform emergency sewer line point repairs in an amount not to exceed $57,350 on Cypress Springs Parkway and to authorize the Mayor and City Manager to sign and execute all required contract documents.

 

Item 7 -           “Piggyback” Brevard County to Purchase Two 8” Stormwater Pumps

 

During the last season, staff found it difficult, due to the high demand to locate and rent storm water (trash) pumps.  Staff recommends we “piggyback” Brevard County and purchase two 8”-inch trash pumps from Thompson Pump for a cost not to exceed $67,428.00.  This will ensure the pumps are ready and available for immediate use during storms and hurricanes.  Funds are available in Account # 50510005806400.

 

Staff recommends approval to “piggyback” Brevard County and purchase two 8”-inch vacuum-assisted trash pumps from Thompson Pump for a total not to exceed $67,428.00.

 

City Manager Comments:  The City Council asked staff to bring back a proposal to acquire pumps rather than leasing them.  Brevard County has a contract for pumps that the City of Port Orange is able to utilize.  We are recommending the City “piggyback” the bid award from Brevard County and acquire 2 8” pumps. 

 

Item 8 -           “Piggyback” City of Memphis to Purchase One 12” Stormwater Pump

 

During the hurricanes last season, staff found it difficult, due to high demand to locate and rent storm water (trash) pumps.  Staff recommends we “piggyback” City of Memphis and purchase one 12” trash pump from Thompson Pump for the cost not to exceed $741,458.00.  This will ensure the pump is ready and available for immediate use during storms and hurricanes.  Funds are available in Account # 50510005806400.

  

Staff recommends approval to “piggyback” Cit of Memphis and purchase one 12”-inch compressor-assisted trash pump for a total cost not to exceed $71,458.00.

City Manager Comments:  The City Council asked staff to bring back a proposal to acquire pumps rather than leasing them.  The City of Memphis has a contract for pumps that the City of Port Orange can “piggyback”.  We are recommending the City “piggyback” the bid award for pumps from the City of Memphis.

 

Item 9 -           “Piggyback” City of Pompano Beach to Purchase Two 6” Stormwater

                        Pumps

 

During the hurricanes last season, staff found it difficult, due to the high demand to locate and rent storm water (trash) pumps.  Staff recommends we “piggyback” City of Pompano Beach and purchase two 6”-inch trash pumps from Thompson Pump for a cost not to exceed $49,200.00.  This will ensure the pumps are ready and available for immediate use during storms and hurricanes.  Funds are available in Account # 50510005806400.

 

Staff recommends approval to “piggyback” City of Pompano Beach and purchase two 6”-inch vacuum-assisted trash pumps from Thompson for a total not exceed $49,200.00.  This will ensure the pumps are ready and available for immediate use during storms and hurricanes.  Funds are available in Account # 50510005806400.

 

City Manager Comments:  The City Council asked staff to bring back proposals to acquire pumps rather than leasing them.  The City of Pompano Beach awarded a bid for six inch pumps.  The City of Port Orange is able to “piggyback” the Pompano Beach bids.  We are recommending awarding the contract based upon utilizing the bids received by Pompano Beach.

 

Item 10 -        City Cost Participation Request for Water’s Edge Phase IX-A for Potable and Reclaimed Water System Improvements

 

Harpster Engineering and Surveying, Inc. modified their design for the project at the City’s request in order to reinforce the proposed potable and reclaimed water system for Waters Edge Phase IX-A and the property to the west.

 

This potable and reclaimed water system upsizing is specifically outlined as being eligible for City Cost Participation under the general guidelines of Chapter 11 of the LDC.  These proposed potable and reclaimed water system improvements will assists us in reinforcing adjacent existing and future development to the west in addition to their own project.

 

The requested amount is well supported by cost estimates and copies of actual construction contracts.  We have determined that this funding request is fair and reasonable when compared with current industry standards and recommend approval of this funding request at this time.  Funding for these improvements is currently available in the City Cost participation Project # UCP001.

Staff recommends approval of the City Cost Participation to Intervest at Water Edge Limited in an amount not to exceed $9,063.00 for potable and reclaimed water main upsizing on Vintage Lane and the stub-out to vacant parcel to the west.

  

 Item 11 -      Williamson Boulevard/Interstate 95 Preliminary Engineering Services

 

Staff has been in negotiation with the Coraci Family to purchase a site for relocating and expanding businesses here in Port Orange.  The new site is located on the property off Williamson Boulevard and I-95 and is part of our overall City Economic Development strategy. Engineering work is needed immediately to support the proposed sales transaction of the land.  Kimley-Horn has developed the attached scope of engineering support services required to keep the project moving ahead. Several businesses are looking to expand their operations here in Port Orange at the proposed site.  Funds are available in Account # 626-1900-515-3163 not to exceed $70,000.00 upon approval of the BER.

 

For further information contact Kenneth W. Parker, City Manager or William R. Whitson, Assistant City Manager.

 

Staff recommends authorizing to execute the attached scope of work for Engineering Service to support the development of a Business Park Project off Williamson Boulevard and I-95.

 

 

City Manager Comments:  This site is located west of Interstate 95.  It is located south of the overpass and north of U.S. Foods.  What we are attempting to do is create a business park at this location.  The outcome of this contract will be a pre-permitted site.  We have talked with a number of potential end users for this property.  There is a letter from the Coraci family stating that a portion of this property can be acquired for a set price.   When we speak with clients about locating in Port Orange, one of the problems is the lack of pre-permitted sites.  If we are to create jobs, we are in need of this type of site.

           

D.                FINANCE (John Shelley)

 

Item 12 -        Second ReadingOrdinance No. 2005- 24Amending Section 74-161 and Section 74-164 of the Code of Ordinances Relating to Drainage Utility Fee and Collection

 

We recommend approval.

 

Item 13 -        Resolution No. 05-41- Recreation Impact Fees (continued to date certain of June 28, 2005)

 

Staff has reviewed the determination of recreational impact fees.  The fee is based on a formula, which includes actual cost of land and recreation improvements.  This actual cost is allocated to determining a per person charge.  Dwelling types are charged a tiered amount based on average occupancy of the unit.

 

The new rate will begin January 1, 2006.

 

Staff recommends approval of the attached Resolution No. 05-41.

 

Item 14 -       Resolution No. 05-43 - BER

 

Attached is the BER Resolution.  Finance has done a comprehensive examination of the budget.  They have looked at both revenues and expenditures.  They are recommending certain budget changes.  We will do another Budget Execution Review at the end of the fiscal year.  We are attempting to meet the operating needs of our Departments.  Fortunately, the City is having a good financial year.  We have been able to address some of the Departmental needs with the supplemental funding.  One of the major areas has been in the area of Community Development.  There are additional staffing positions provided for in the budget.  The Department has requested additional positions in the 2005-06 budget that you will be reviewing in July.  Those positions are not included in this budget request.

 

City Manager Comments:  If you look at the BER, you will notice a reduction of $1,329,821 in Federal Grants.  When we originally made an estimate of what was going to be needed to complete the clean up after 3 storms, we estimated too high.  There is a reduction in the expense side, too.  Also, we have provided for disallowed cost.  Many of our revenue sources have been strong this year.  This reflects the economy.  This has allowed us to place money in the budget for additional help for community development.  Also, it has allowed us to place some money in the budget that will allow Community Development to upgrade software that will help them be more efficient and effective in serving the customers.  If you have questions, please feel free to contact John, Stella, or me.

 

Item 15-         Review of Utility Billing Exemption Pertaining to Uninhabitable Structures that Resulted from Hurricanes Charley, Frances, and/or Jeanne

 

Last October, City Council established Resolution No. 04-92.  This Resolution provided

utility billing exemptions for homes that are uninhabitable resulting from hurricane damage

as a result of Hurricanes Charley, Frances and Jeanne.  The Resolution has a sunset

provision of March 31, 2005 which was extended to June 30, 2005.

 

Currently 138 homes have been demolished or are still uninhabitable.  Staff request City

Council to determine whether to extend until September 30, 2005 or conclude the current

relief of utility billing for those units left uninhabitable.

 

Staff recommends that City Council determine whether to extend or conclude Resolution

No. 04-92.

 

City Manager Comments:  Unlike, the building permit waivers, these units are not occupied.  I would recommend continuation of the policy as outlined in Resolution 04-92 until the end of the current fiscal year.  At the end of the current fiscal year, I believe the City should re-instate the normal monthly charges.

 

Item 16 -        Monthly Financial Report

 

Attached is the monthly financial report.  Should you have questions, please contact John Shelley.

 

E.                 COMMUNITY DEVELPOMENT (Donna Steinebach)

 

Item 17-         Second ReadingOrdinance No. 2005-22 – Approving the 14th Amendment to the Master Development Agreement and Conceptual Development Plan for Countryside PUD

 

We recommend approval.

 

 

Item 18-         Resolution No. 05 - 45 -Proposed Natural Vegetation and Wall Easement Vacation – Countryside West PUD, Phase II Subdivision, Lot 55 (972 Countryside West Boulevard)

 

The Community Development Department has received a request to vacate a portion of the westerly rear yard 15.00-feet wide Natural Vegetation and Wall Easement, located on Lot 55 of the Countryside West PUD, Phase II Subdivision.  The property owners have made this request in connection with a proposed pool, deck and screened enclosure to be constructed into the easement.

 

The easement vacation application and legal description has been reviewed for completeness and accuracy.  Total allowable lot coverage has not been exceeded and required setbacks have been met per review of the submitted building permit application.  City departments have reviewed this request and have no outstanding concerns.  The easement may be vacated to the extent that it is not being used.

 

Staff recommends approval of Resolution No. 05-45, vacating 7.50 feet of the westerly 15.00-feet wide Natural Vegetation and Wall Easement, located on Lot 55 of the Countryside West PUD, Phase II Subdivision, per the attached legal description.

 

Item 19-         Resolution No. 05- 44 - Proposed Easement Vacation – Countrywalk PUD, Phase III Subdivision, Lot 117 (3450 Saddleback Court)

 

The Community Development Department has received a request to vacate a portion of the westerly rear yard 10.00 -feet wide Drainage and Utility Easement and a portion of the northerly side yard 7.50-feet wide Drainage and Utility Easement located on Lot 117 of the Countrywalk Phase III Subdivision. The property owners have made this request in connection with a proposed pool and deck to be constructed into the easement.

 

The easement vacation application lot coverage has been reviewed for completeness and accuracy.  Total allowable lot coverage has not been exceeded. Required setbacks have been met per review of the submitted building permit application and enough easement area will remain for necessary drainage.  City departments have reviewed this request and have no outstanding concerns.  Currently there are no planned utility improvements proposed for this area in the future.  Utility Company release letters have been obtained for the area of the easement described in Exhibit “A”. The easement may be vacated to the extent that it is not being used.

 

Staff recommends approval of Resolution No.05-44, vacating 3.50 feet of the westerly rear yard 10.00-feet wide Drainage and Utility Easement and 2.50 feet of the northerly side yard 7.50-feet Drainage and Utility Easement located on Lot 117 of the Countrywalk Phase III Subdivision, per the attached legal description.

 

 
Item 20-         Resolution No. 05 -46- Proposed Sidewalk Easement Vacation – Dunlawton Subdivision, Lot 4, Block 24

 

The Community Development Department has received a request to vacate a previously recorded Sidewalk Easement located on Lot 4, Block 234 of the Dunlawton Subdivision.  The property owner has made this request in connection with a desire to correct an easement mistakenly recorded without obtaining City approval.  The previously recorded document created a sidewalk easement over the entire proposed Oak Cove Subdivision property.

 

The easement vacation application and proposed revised legal description have been reviewed to completeness and accuracy.  City departments have reviewed this request and have no outstanding concerns.  The easement, as described in Exhibit “A”, may be vacated to the extent that it is not being used.

 

Staff recommends approval of Resolution No. 05-46, vacating a Sidewalk Easement located on Lot 4, Block 24 of the Dunlawton Subdivision, per the attached legal description and to accept the replacement Side walk Easement.

 

F.                 PARKS AND RECREATION

 

Item 21-        Interlocal Agreement with Town of Ponce Inlet – Use of Port Orange YMCA as an Emergency Operation Center and Shelter

 

The City of Port Orange and the Town of Ponce Inlet entered into an agreement some years ago to provide an alternative Emergency Operation Center and Shelter for the Town in case of a hurricane or other emergency management events.  The agreement had a specific period of time.  It is time for the renewal.  The joint effort between Port Orange and Ponce Inlet as well as South Daytona enable the City to receive grant monies to help in constructing the newest addition to the Y.  It is recommended that we enter into an interlocal agreement with the Town of Ponce Inlet to provide them with sheltering and emergency operation center at the Port Orange Y.

 

G.                  PUBLIC UTITLITES (Roger Smith)

  

Item 22-       Resolution No. 05 - 47 - Water Authority of Volusia Interlocal Agreement for Construction of Finished Interconnects

 

On September 6, 2000, City Council approved Resolution No. 00-46 supporting the findings of the “East Volusia Finished Water Interconnect Engineering Feasibility Study” and authorized that the report be utilized as the basis for requesting grant-funding assistance to implement the construction of the finished water interconnects.  Subsequently, the application was approved and funds earmarked for the project.   Since that time, detailed engineering plans have been prepared and the project is essentially ready to bid.

 

Under the terms of the proposed Interlocal Construction Agreement, WAV and its consultants will administer the bidding and construction contract on behalf of its members.  Each member utility will ultimately be financially responsible for the cost of improvements ultimately becomes the property of the individual member utility to operate and maintain, upon completion of construction.

 

Estimated construction costs for the three Port Orange projects (two with Daytona Beach and one with New Smyrna Beach) total $292,000.00 plus supervision and inspection phase services of $30,000.00 for a total cost of $322,000.00.  Port Orange should be prepared to post up to one-half of this total cost ($161,000.00), but should expect to receive back approximately 50% in grant reimbursement.  Funds are available in Portable Water Interconnects UET010.  We respectfully request your approval of this resolution at this time as well as approval for cost participation funds to the Water Authority of Volusia.

 

Staff recommends approval of Resolution No. 05-47 regarding an Interlocal Agreement for construction of finished potable water interconnections between the member utilities of the Water Authority of Volusia and to authorize the Mayor and City Manager to execute the resolution and Interlocal Agreement and authorize City cost participation in an amount of approximately $161,000.00 with the Water Authority of Volusia for construction of the finished water interconnects.

 

  1.       PUBLIC SAFETY

 

Item 23-         Purchase of 400 KW Generator – Police Department

 

Last year, the City of Port Orange had a problem with the emergency generator at the Police Department.  This is a portable generator that can quickly be connected to the Police Department should the emergency generator fail.  We are recommending the acquisition of the generator from Florida Detroit Diesel Allison under provisions of bids received by Martin County School Board.  The price of the generator and accessories is $71,079. 

 

Item 24 -       Approve Wrecker Service Contract

 

Margaret and I are still reviewing materials provided by Fryers’.  As you know there has been a bid protest filed on the awarding of the wrecker bid.    We will be providing the City Council with information on Monday.

 

  1.   ADMINISTRATION

 

Item 25-         Second ReadingOrdinance No. 2005-23 – Establishing that the City Shall not Utilize Early Voting Procedures

 

We recommend approval.

 

Item 26-         Resolution No. 05- 48  -Florida Department of Agriculture & Consumer Services, Urban and Community Forestry (U&CF) Grant, 2005 Emergency Hurricane Supplemental

 

The City intends to submit a grant application to the Florida Department of Agriculture and Consumer Services Urban and Community Forestry, 2005 Emergency Hurricane Supplemental grant program to correctively prune trees around the City Center Complex and the Gamble Place property.  Doing so, will remove safety hazards, promote tree health and increase wind-resistance.

 

Because of 75/25-match requirements, the City seeks $45,000.00 (75%) from the State and the City commits to a total match of $15,000.00 (25%).

 

Staff recommends approval of Resolution No. 05- 48 authorizing the City Manager to submit an Urban and Community Forestry grant application and execute a maintenance agreement as well as any grant documents and provide a match.

 

Item 27-       Economic Development Incentive Relief – Mohammad  Bahrami (continued to date certain of 6/28/05)

 

We are still researching the Ordinance to determine whether Mr. Bahrami is eligible for incentives.  We will be bringing a recommendation to the City Council on Tuesday night.

 

J.          COUNCIL COMMENTS

 

Item 28 -    Comments/Concerns from Council Members

 

At this time, Council members may discuss various matters of concern.

 

Item 29 -       City Council Committee Reports

 

At this time, Council members may provide reports on various committees to which they have been assigned.

a.        

b.       Water Authority of Volusia (WAV)

c.       City Investments Committee

d.       Metropolitan Planning Organization (MPO)

e.       Library Advisory

f.         Municipal Firefighters Pensions Board

g.       Municipal Police Officers Retirement Trust

h.       YMCA

i.         Volusia Counsel of Governments (VCOG)

j.          Volusia League of Cities

k.       ArtHaus

 

 

 

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