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 20, 2006

 

Date:                           June 12, 2006

 

           

B.        SPECIAL RECOGNITION AND PROCLAMATIONS

 

Item    4 -        Distinguished Budget Presentation Award (GFOA)

           

Attached is the notification from the GFOA that the City has once again received the Distinguished Budget Presentation Award for the current fiscal year. 

 

C.    CITIZEN PARTICIPATION (Agenda)

 

Item 5 -           Transportation Funding – Gerald Brinton – County of Volusia Construction Engineering

 

The City Council asked Jerry Brinton to attend the Council Meeting to discuss road projects in Volusia County. This is the same presentation that has been made to VCOG and to the MPO.

 

Item 6 -           Presentation from HNTB on I-95

 

HNTB is the engineering firm selected by the FDOT to do certain studies related to the widening of I-95.  They have asked to make a presentation to the City Council related to their project.  They will be present on Tuesday night.

 

D.        CITIZEN PARTICIPATION (Non-Agenda)

 

E.        CONSENT AGENDA

 

Item 7 -           Amendment  No.  3  (Extension)  to  the PFM Group for Investment Advisory Services

 

The City Council awarded the Investment Advisory Services Contract to the PFM Group in 2001.  In that contract, there was an option for extension for three two-year periods of time, if mutually agreeable by both parties, under the same terms and conditions as in the original contract.  This amendment is for the third extension, which will extend the contract through May 1, 2008.  Staff recommends that Council approve this amendment.

 

Item 8 -           Change Order No. 1 to South Peninsula Sanitary Sewer Extension Part 1 – Dunlawton to Marcelle

 

As this project continues through the residential and commercial areas of the south peninsula, we encounter pipe, drainage, and paving conditions that add cost to the project. These types of changes are consistent with conditions encountered during the Rose Bay sewer retrofit in Harbor Oaks and Allandale.

 

Item 1 of this Change Order involves replacement of curbing in the Emilia cul-de-sac, as directed by the City Manager’s office in response to a meeting with area residents.  The cost is $18,238.60.  The work required the contractor to re-mobilize, delaying planned restoration, and warranting 7 additional days added to the contract time.   

 

With respect to Item 2, the contractor encountered a massive storm conflict junction box buried beneath pavement at a critical intersection.  This was discovered during construction of the gravity sewer.  The structure was not visible above ground, was not previously noted or known to exist by Volusia County staff, and did not appear on any plans.  This effectively shut down gravity sewer installation until such time as a new design could be developed, permitted, and new structures ordered.   The additional costs total $8,450.98 with an increased contract time of 45 days.

 

Item 3 is similar to item 2 in that the contractor again discovered stormwater piping and structures buried without any visible evidence and not known to exist on any plans or records from Volusia County.  Because this piping was in direct conflict with the sanitary sewer, it required re-design of the sanitary sewer and replacement of portions of the storm sewer (for which the County has already reimbursed the city a proportionate share of $22,127.00).  The total additional contract cost is $43,800 with an increased contract time of 17 days.

 

Finally, Item 4 involves the placement of a polyethylene liner within an existing dilapidated 10” vitrified clay pipe (VCP) serving the Admiralty and other developments along South Peninsula Drive.  This non-invasive sewer rehabilitation will add years of useful life to the existing sewer main.  The additional cost is $21,100. 

 

Unit prices for each of the referenced changes are consistent with the original contract line items and represent a fair and equitable market value.  Where unit prices were not included in the original contract, the negotiated prices are consistent with industry standards for similar work in this vicinity. 

 

The total amount of these changes is $91,589.58 with an extension of 69 days to the contract time.   Funds are available in Project UET014 South Peninsula Sanitary Sewer Extension Part 1, Account No. 42104115356397. 

 

Staff recommends that Council approve Change Order No. 1 to Danella Construction in the amount of $91,589.58, and authorize the Mayor and City Manager to execute the associated contract documents.

 

Item 9 -           Contract with C. T. HSU and Associates for Architectural and Construction Administrative Services for Public Safety Facilities

 

This contract is for Architectural and Construction Administrative Services for design and construction of the Public Safety Building.  Please see Exhibit A of the contract for details on the scope of work.

 

Staff recommends that Council approve the contract between the City and C. T. HSU & Associates and to authorize the Mayor and City Manager to execute the contract as provided.

 

Item 10 -        Deductive Change Order to Robert Hall Construction’s Contract for the Pavilion at the Amphitheater Site

 

The deductive Change Order is being requested to remove the kitchen equipment and generator from the contract.  The generator ($50,000.00) and the kitchen equipment ($50,000.00) will be bid separately for purchase and installation.  The Deductive Change Order of $100,000 will leave a new contract balance of $1,647,718.30.

 

Staff recommends Council approve the Deductive Change Order to Robert Hall Construction’s contract for removal of kitchen equipment and the generator in the amount of $100,000.00.

 

Item 11 -        Bid Award – City Center Circle Fiber Optic Project

 

Quentin L. Hampton Associates and staff issued a bid request for the City Center Fiber Optic Project.  The Fishel Company was the lowest responsible, responsive bidder in the amount of $227,454.00

 

Staff recommends that Council approve the bid award for Bid B-06-11 for the City Center Circle Fiber Optic Project to the Fishel Company.

 

Item 12 -        Change Order No. 1 to The Fishel Company Fiber Optic Project

 

Quentin L. Hampton Associates and staff issued a bid request for the City Center Fiber Optic Project.  The Fishel Company was the low bidder in the amount of $227,454.00.  This amount exceeded the City’s budget for the project.  Quentin Hampton’s and staff reduced the scope of the work (from the gymnasium to the Police Department and Fire Station No. 3 to the Allen Green Center).  This deductive change order for $113,804.00 with the option of adding the work back into the contract for the additional work after the new fiscal year begins on  October 1, 2006.  The amount of the contract after the change order is  $113,650.00.

 

Staff recommends that Council approve a deductive Change Order in the amount of $113,804 for Bid No. B06-11, City Center Fiber Optic Project to The Fishel Company for a reduced scope of work.

 

Item 13 -        Amendment to HMGP (Hazard Mitigation Grant Program) Funding

 

The City wrote an HMGP to obtain funds to install drainage pipes along Spruce Creek Road from Commonwealth Boulevard to Nova Road to prevent future flooding in this area.  This section of road is County; therefore, the grant had to be submitted by the County under technical grounds.  We have been advised that the State has approved the grant and is issuing a contract for the design and engineering phase of the project. Volusia County Public Work will defer the project manager and complete all paperwork associated with the grant for the City and County.  The grant calls for a 25% match by the recipient, which will be equally split with the County.  The State is authorizing $20,000 to complete the design, engineering, permitting, and environmental phase of the grant; and we must also meet this with a 25% match.  The $20,000 cost came as an estimate from Quentin Hampton’s when this grant was submitted.  The cost of the City should not exceed $2,500, with the County matching the other $2,500.

 

Staff recommends that Council approve the State HMGP contract and amend the contract dated April 15, 1988, for Addendum No. 19 with Quentin L. Hampton Associates, Inc., to include completion of the design, engineering, permitting, and environmental for the Spruce Creek Road drainage improvements from Commonwealth Boulevard to Nova Road.  The amended contract shall not exceed $20,000 for this additional work.

 

Item 14 -        Monthly Development Activity Reports and the Building Activity Reports for April and May, 2006

 

Attached are the Monthly Development Activity Reports and the Building Activity Reports for April and May, 2006.  If you have questions, you may contact either Dick Wells or me.  Staff recommends acceptance of the reports.

 

Item 15 -        Deductive Change Order No. 2 (Final) to Contract with Masci Corporation for Madeline Avenue Central Roadway and Utility Improvements Project

 

The Madeline Avenue Roadway and Utility Improvements Project is now complete and Quentin L. Hampton Associates Inc. has submitted the final deductive change order for the amount of $142,723.11 for approval.  The total revised contract amount to Masci Corporation is $1,716,551.89.  Staff recommends approval of the deductive Change Order No. 2 for the amount of $142,723.11 to the contract with Masci Corporation for the Madeline Avenue Central Roadway and Utility Improvements project.

 

Item 16 -        Redevelopment Grant Agreement – Daytona Auto Tint

 

Last July the City received a request from Mr. Thomas R. Stratton, President, Daytona Auto Tint, Inc., for a Level Three Matching Redevelopment Grant, pursuant to Chapter 20, Section 2(j)(2)(c), Port Orange Land Development Code.  Level Three Redevelopment Grants are only available to properties located in the Riverwalk District of Port Orange Town Center.  The City approved the grant request in August 2005, subject to execution of a grant agreement.  The subject agreement provides for reimbursement of up to $15,000 for improvements made to the property located at 3630 Ridgewood Avenue.   Additionally, the agreement provides for a waiver of development related fees as was previously provided by Chapter 20, Section 2(b).  This relief has been requested by Mr. Stratton based upon the fact that his project was approved for redevelopment funding prior to the repeal of the economic development fee waivers that occurred in December 2005.  Having previously relied upon these fee waivers in his project budgeting, Mr. Stratton’s request would add $627.70 in site inspection fees and $1,519 building permit fees to his eligible reimbursements, for a total potential reimbursement of $17,191.20.  

 

Staff recommends that Council approve the Redevelopment Grant Agreement for Daytona Auto Tint, Inc., 3630 Ridgewood Avenue, in the amount of $15,000 plus reimbursement of development related fees, and to authorize the Mayor and the City Manager to execute said agreement on behalf of the City.     

 

F.  REPORT FROM ADVISORY BOARD

 

Item 17 -        Citizen Advisory Committee for the MPO

 

A representative of the Citizen Advisory Committee for the MPO will make a report to the Council at this time.

  

G.             FINANCE

 

Item 18 -        Resolution No. 06-51  - Budget Appropriations

 

Staff has performed a budget review of various debt service funds and capital projects.  This review indicates that changes in budget appropriations are necessary.  The Airport Road Utility relocate project was not correctly included in the Budget Execution Review Resolution.  In addition, interest earnings are available in the 2004 Capital Improvement Fund to appropriate for Engineering Services costs for the Industrial Park and projects costs for the Amphitheater Pavilion.  Staff recommends that Council approve the attached resolution appropriating funds for these projects.

  

H.              COMMUNITY DEVELOPMENT

 

Item 19 -        Second Reading – Ordinance No. 2006-15 – Approving a Fourth Amendment to the Master Development Agreement for the Port Orange Gateway Center Planned Commercial Development (PUD)

 

We recommend approval.

 

Item 20 -        Second Reading – Ordinance No. 2006-17 – Rezoning – A (Agricultural) to R-10SF (Single Family Residential) – Richard Barker

 

We recommend approval.

Item 21 -        First Reading – Ordinance No. 2006-18 - Amending Chapter 17, Sections 29(d) and 29(m) of the Land Development Code Relating to Building Coverage and Staff Mitigation Requirements

 

This is a request to amend Chapter 17, Section 29(d) and Section 29(m) of the City of Port Orange Land Development Code (LDC) to allow an optional increase of the maximum residential building coverage in the “PC-A” (Planned Commercial-Agricultural) Neighborhood District from 35% of the total lot area to 50%, provided additional requirements pertaining to the amount of open space, recreational amenities, and entry features are met within the development.  These changes would apply only to single family residential developments within the “PC-A” (Planned Commercial-Agricultural) Neighborhood District.

 

Planning Commission Recommendation:      The Planning Commission recommends approval 6-1 (McMasters dissenting).

 

Staff Recommendation:   Staff recommends approval.

 

Second Reading:   July 18, 2006

 

 

Item 22 -        Appeal of Planning Commission Decision – Neal

 

Mid-Florida Home Sales, Inc., applicant on behalf of Jeffrey Neal, owner, requested approval of a variance form Chapter 17, Section 27, of the City of Port Orange Land Development Code (LDC) pertaining to minimum lot width and area for the “RMH” (residential mobile home) zoning district.  The purpose of the variance request was to reduce the requirement for lot width of two lots from 75 feet to approximately 41 feet and lot size from 7,500 square feet to approximately 4,100 square feet.  If approved, the owner intends to subdivide the property along the dimensions allowed by the variance.

 

Planning Commission Recommendation:      The Planning Commission denied the variance request 7-0.  The Commissioners that voted no did so because the request failed to meet the variance criteria required by Chapter 19, Section 1 (g)(2) of the LDC that would justify approval.

 

According to LDC Chapter 19, Section 1(f), the Council’s decision to reverse or uphold the Planning Commission’s decision shall be based on the facts of the case presented during the Planning Commission meeting, the review criteria established for variance requests, and the Commission’s decision on the requested variance.  No new evidence may be presented, heard, or discussed.  Any new information must be presented as part of a new variance request.  Please see the attached appeal request letter from the owner.  Although the owner mentions not receiving the staff report ahead of time, Staff mailed out the staff report to both the applicant and the owner on Friday, May 19, 2006, one week before the Commission meeting.

 

Staff Recommendation:   No staff recommendation is provided.

 

 

I.                  PUBLIC SAFETY

 

Item 23 -        Resolution No. 06-52 - Traffic Enforcement Agreement with Golf Villas Homeowners Association

 

The City and the Golf Villas Homeowners Association entered into a Traffic Enforcement Agreement of July 19, 2005.  The Agreement may be renewed for successive periods not to exceed two (2) years each upon mutual agreement of the City Council and the Association.  The Golf Villas Board of Directors has agreed to request a two (2) year extension of the agreement to run from October 1, 2006, through September 30, 2008.  Staff recommends approval of the two (2) year extension of the Traffic Enforcement Agreement with Golf Villas Homeowners Association.

 

 

J.               ADMINISTRATION

 

Item 24 -        Resolution No. 06-53 - Florida League of Cities – 2006 Matching Fund Safety Grant – Florida Municipal Insurance Trust (Air Monitors)

 

Under the League’s Florida Municipal Insurance Trust 2006 Matching Fund Safety Grant program, the City seeks grant assistance to purchase Air Monitors to protect Public Utilities workers when they are working in confined spaces.  The monitors will sample the air for dangerous chemicals.  When such chemicals are detected alarms will sound to warn the workers.

 

The City requests $3,500.00 (50%) in funds from the Matching Fund Safety Grant program and the City will provide a cash match of $3,500.00 (50%). 

 

Staff recommends that Council approve the attached resolution authorizing the City Manager to submit a Matching Fund Safety Grant application to the Florida League of Cities under their Florida Municipal Insurance Trust program, authorize the Mayor and City Manager to executed any contracts or agreements and provide a match.

 

Item 25 -        Resolution No. 06-54 – Overtime Payment During Emergencies

 

Attached is a resolution and policy regarding overtime payment during emergencies.  This policy has been reviewed and approved by FEMA.  Staff recommends approval.

 

 

K.              COUNCIL COMMENTS

 

Item 26 -        Comments/Concerns from Council Members

 

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

 

 

 

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