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

                        May 2, 2006


Date:               April 26, 2006



B.                 BOARD APPOINTMENT


Item 4 -           Environmental Advisory Board


Three appointments need to be made to the Environmental Advisory Board.  Two terms expire on May 7, 2006, and one term expires on May 7, 2008.  Robert Zicker has expressed a desire to be reappointed.  Attached are applications on file from Terry Aldridge and Stephan Harris who have expressed an interest in serving on this Board.





Item 5 -           Recognition of Student Government Day Participants


At this time, Council will recognize the students that participated in Student Government Days.


City Manager’s Comments:  The first Student Government Day group met last Friday.  They did an exceptional job.  I was impressed with the quality of the work  and the students’ understanding of the issues presented.  The second Student Government Day group will meet this Friday starting at 8:30 a.m.  If you have an opportunity to come by and spend a few minutes with the students, I think you will be impressed with the quality of the work and the program.  I would like to express my thanks and appreciation to William Whitson for doing an excellent job in coordinating this effort.  This is our 19th year.  We have estimated that we have had more than 3,500 students participate in our program over those 19 years. 


Item 6 -           Resolution No. 06-40 - Recognizing May 2006 as Older Americans Month


Attached is a letter from Lt. Governor Toni Jennings asking that the City adopt a resolution in support of May 2006 being recognized as Older Americans Month.  Also, attached is a letter from Carole Green, Secretary of Elder Affairs for the State of Florida.  Staff recommends that Council adopt the attached resolution.



E.                 CONSENT AGENDA


Item 7 -           Approval of Minutes


Attached are the minutes of the following meetings:  December 13, 2005 – Regular Meeting; January 3, 2006 – Regular Meeting; January 17, 2006 – Regular Meeting; January 19, 2006 – Special Meeting; January 24, 2006 – Regular Meeting; February 7, 2006 – Regular Meeting; February 21, 2006 – Regular Meeting; February 28, 2006 – Regular Meeting; March 7, 2006 – Special Meeting.


Please contact either Shirley Kelly or me if you have questions concerning the minutes.  We recommend approval.


Item 8 -           Update on Construction Projects


Attached is the update from Quentin Hampton’s.  If you have questions, please contact Mark Hampton or me.


City Manager’s Comments:  Previously, this was entitled the update on water and sewer projects.  However, in reviewing the document, it covered much more than water and sewer projects.  It covered all the projects that were being managed by our consulting engineer, Quentin L. Hampton Associates, Inc.  Therefore, beginning this month, I have changed the title to be the Update on Construction Projects.


Page 2

Item 9 -           Update on Recreational Facilities


Attached is the report from Parks and Recreation.  If you have questions, please contact either Glen Walker or me.


Item 10 -        Road Construction Report


Attached is the report from Public Works.  If you have questions, please contact either Warren Pike or me.


Item 11 -        Bid Award – WWTP Influent Structure Rehabilitation Project



This project will provide for the repair and rehabilitation of concrete surfaces, which are under attack from hydrogen sulfide gasses within the Influent Structure at our Reclaimed Water Plant at 817 Oak Street.  Several years ago the installation of the odor control system required the sealing up of an open-to-the-air large concrete channel.  Upon this structure being sealed, the trapped gasses began to attack  and dissolve away the sides of the concrete channels.  This proposed project is intended to repair the damaged and deteriorated concrete surfaces and hopefully prevent its reoccurrence in this very corrosive environment that flows over six million gallons of untreated wastewater each day.  


Our applied solution to this problem will be to thoroughly clean all of the exposed concrete surfaces that have undergone attack and to also remove all loose concrete material.  Thereafter, we will apply a combination of fiberglass sheeting, high strength concrete grout, and a specialized concrete protective layer.  Most of this work will need to be performed in the late night hours when sewage flows drop off and the master pump stations can actually be shut off for a short period of time to eliminate all flow thru the structure.  


Construction documents were prepared by our consultants, Quentin Hampton and Associates, in consultation with city staff, and local contractors that specialize in this type of concrete rehabilitation work.  Bids for construction of these improvements were publicly advertised and three bids (including one “no bid”) were opened on April 11, 2006.  It was later clarified at a meeting with the apparent low bidder, Dallas 1, that they had bid an unapproved alternate material.  Subsequently Dallas 1 has provided documentation to withdraw their bid.


City Purchasing Procedures, Section 2-266 determination of lowest and best bidder, states, “In determining the lowest and best responsible bidder, in addition to price, there will be considered the ability, capacity, and the skill of the bidder to perform the contract.”  Consequently, staff have found Dallas’ bid to be non-responsive.  Therefore, both staff and our consultants recommend that we award the bid to the lowest responsive, responsible bidder, DMS Environmental. 


Page 3

Staff requests Council’s approval in awarding this contract to DMS Environmental in the amount of $99,100.  Funding for this project is currently available in the Sewer Plant Replacement Project #SSP002.


Item 12 -        Bid Award – Hunting Lease



Bids were solicited for the hunting rights on app. 12,000 acres of City and County owned property located within the Central Recharge Wellfield area.   The current lease holder, Smokey Hunt Club was the sole responsive bidder at a bid price of $12.54 per acre.


Prior to the award of bid, the City of Daytona Beach requested that all property jointly owned by the City of Port Orange and Daytona Beach be excluded from the hunting lease.    This lowers the amount of leased property to app. 10,700 acres.    Should a division of the jointly owned property with Daytona Beach be completed, additional acreage can be added to this lease agreement.


Smokey Hunt Club has been a long standing lease holder on this property and has demonstrated a competent and reliable use of the property.   The current bid allows for annual renewal of the lease with a CPI increase each year.


Staff recommends approval and award of bid to Smokey Hunt Club with the first year lease being $134,178.00, as the sole responsive, responsible bidder and authorize the Mayor and City Manager to execute contract documents on behalf of the City.


City Manager’s Comments:  We have provided the City of Daytona Beach with a copy of a map showing the properties jointly owned.  The two City Managers met recently.  It was agreed that the best way to divide the properties would be for each City to receive one half of the properties jointly owned.  Under provisions of the agreement, the City of Port Orange will receive half of the property located north of Interstate 4 and half of the property located south of Interstate 4.   The City of Daytona Beach would own one half of the property located north of Interstate 4 and one half of the property located south of Interstate 4.  In a few weeks, the two managers will meet to work out a recommendation to the two governing bodies.



Page 4

Item 13 -        City Cost Participation Request for Royal Palm III


The developer of Royal Palm, Winston-James Construction, Inc., and his engineer, Zev Cohen and Associates, have recently modified their utility system design in conjunction with their project at the City’s request in order to interconnect their existing water and reclaimed water systems with Crane Lakes to the south.  These system upsizings are specifically outlined as being eligible for City Cost participation under the general guidelines of Chapter 11 of the LDC.  These proposed improvements will reinforce utility systems for future developments to the west.


An engineering cost estimate prepared by Zev Cohen and Associates supports the requested amount.  We have determined that this funding request is fair and reasonable when compared with current industry standards.  Staff recommends approval of this funding request.  Funding for these improvements is currently available in the City Cost Participation Project No. UCP001.


Staff recommends that Council approve City Cost participation in an amount not to exceed $63,897 for water main and reclaimed water main upsizing in Royal Palm Phase III to the firm of Winston-James Construction, Inc.


Item 14 -        Riverwalk Property Exchange Values


The Memorandum of Understanding established a process of exchange of properties between the City of Port Orange and the Master Developer.  In the agreement, lands were to be appraised in 2005.  In fact, the properties were appraised at that time.  Cooksey provided the real estate appraisal for the properties owned by Port Orange and properties owned or controlled by the Master Developer.   This includes all properties that will be involved in the exchange agreement that were acquired prior to May, 2005.  Properties acquired after May, 2005 by both the City and Master Developer will be exchanged in accordance with the Development Agreement.  Those details are still being worked on by both parties.  We are attempting to complete the Capital Facilities Agreement by the end of May.  We are hoping to get the Capital Facilities Agreement to the Council and CRA in late May/early June.  The Capital Facilities Agreement is a key document since it outlines in detail the duties and responsibilities of each party related to the construction of infrastructure and related items.  Concurrently, we are working on the Comprehensive Plan Amendment and the Zoning Ordinance.  We anticipate the Comprehensive Plan Amendment adoption to be in front of the Planning Commission in late May and to the City Council in June.  We anticipate the Zoning Ordinance to track soon thereafter.



Page 5


F.                 BOARDS AND COMMISSION


Item 15 -        Report from Advisory Boards:

                        Environmental Advisory Board


A representative of the Environmental Advisory Board will make a report to the Council at this time.





Item 16 -        Second Reading – Ordinance No. 2006-12 – Building Code Update


We recommend approval.



H.                 ADMINISTRATION


Item 17 -        Resolution No. 06-41 - Easement – Brown’s Landing Crossing the Spruce Creek Fly-In


The City has received an easement from the Spruce Creek Fly-In Property Owners Association to provide for the crossing of utility lines under the entrance road into the Fly-In near Taylor Road.  We are attempting to keep our utility lines out of the County right-of-way in this area.  This is part of our E-Loop project.  We have been working with ICI on this project.  We will be doing a cost participation agreement with ICI to construct the line segment in this area.


Note:  There are no written materials included in the packet.  The City Attorney is working to finalize the documents, and they will be provided to Council prior to the meeting.



Page 6


Item 18 -        Resolution No. 06-42 - Posting Retention Ponds


The City of Port Orange continues to receive requests from neighborhoods concerning retention ponds.  This policy establishes the process of posting retention ponds.  This policy applies only to city owned and maintained retention ponds.  It does not pertain to retention ponds owned by Homeowner Associations.  When we receive a request, the City will evaluate whether the pond poses a hazard to the public.  The method used will be whether the repose of the banks is not in compliance with the design standards that have been deemed safe for the public.  After the City has made its initial evaluation, the City will request our insurance provider to evaluate the pond from a liability standpoint.  If they determine the banks pose no danger to the public, then the retention pond will not be posted.  However, if they determine the bank poses a danger from an insurance standpoint, then the retention pond will be posted. 


It is my understanding that once a retention pond is posted, both residents and non-residents cannot fish in the retention pond or use the pond for other recreational purposes. 


The neighborhood can request the posting be lifted if the banks are restored in some fashion to the meet the safety standard.  The neighborhood would be expected to pay for the cost of bank repairs.  Neighborhoods would be eligible to apply for one of the neighborhood grants to do the restoration work on the retention pond.


Item 19 -        Resolution No. 06-43 - Agreement for Reimbursement of Electricity Costs for Street Lights within Town Park


Staff recommends that Council approve the attached resolution and approval and execution of the Agreement for Reimbursement of Electricity Costs for Street Lights within Town Park. 




Page 7

Item 20 -        Discussion – Fuel Reduction


Attached is the email that I recently sent to the Department Heads related to reducing fuel usage.  With spiraling fuel prices, it is important that we become more efficient in our vehicle use.  For example, I had a discussion with John Shelley about meter readers.  Is it possible for the City to use one truck instead of two to read water meters?  The vehicle would be parked between neighborhoods instead of both meter readers taking a vehicle to read meters in adjoining neighborhoods.  We are looking at several alternatives to reducing our fuel usage.  If every one of our vehicles could achieve a 10 gallon per month reduction in fuel usage, it would have a positive impact on our overall program.  That is our goal--to reduce our fuel usage by an average of 10 gallons per vehicle per month for the remainder of the year.  We will set new standards for the budget period beginning October 1.  That would be considered in our upcoming budget.  What does 10 gallons translate to on a per day basis for each vehicle?  It translates to .45 gallon per day per vehicle for administrative and non-emergency vehicles and .71 gallon per vehicle per shift for emergency vehicles.   Department Heads have been given latitude to come up with potential solutions that save fuel while at the same time meeting our service objectives.  I look forward to hearing your thoughts and ideas.



I.                     COUNCIL COMMENTS


Item 21 -        Comments/Concerns from Council Members


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



















Page 8