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

                        January 9, 2006

 

Date:               January 2, 2007

 

 

A.                 OPENING

 

Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call

Item 4 -           Election of Vice Mayor

 

At this time, Council Members will elect a Vice Mayor to service for 2007.

 

Item 5 -           Order of Business

 

At this time, Council will discuss the agenda format for Council meetings.

 

Item 6 -           Appointments to Council Committees

 

At this time, Council will appoint representatives of Council to serve on the following committees:

 

 

 

B.                 SPECIAL RECOGNITION AND PROCLAMATIONS

 

Item 7 -           Recognition of Retired City Employees

 

At this time, Council Members will recognize the following employees who retired during 2006:  Dave Amos, Ruben Ellis, Ronnie Roberts, Bill Schulz, Mike Sheridan, Glenn Smith, and Kathy Sylvester.

 

City Manager’s Comments:  There will be a reception for the retirees and their families and guests starting at 6:00 p.m. in the lobby of City Hall.  This is a reception honoring them for their service to the City of Port Orange.  We have invited Ruben’s family to attend.  We do not know at this time if they will be in attendance or not.  The employees who retired this past year have dedicated themselves to making Port Orange a better place to live and work.

 

C.                BOARD APPOINTMENTS

 

Item 8 -           SHIP Appointments

 

We have received two applications for SHIP appointments.  Attached are the applications of Debbie Connors and Richard Culbert.  They meet the criteria of the two remaining members needed for the SHIP Board.

 

D.                CITIZEN PARTICIPATION (Non-Agenda)

E.                 EASTPORT CRA MEETING

 

The Eastport CRA Board needs to meet to approve a change order to the road construction project.  Gopher tortoises were found in the right of way.  We have had to relocate them.  The amount of the change order is $27,000.  The City Council will consider the change order to the Masci contract later in the regular City Council Meeting.

 

 

F.                 CITIZEN PARTICIPATION (Agenda)

 

Item 9 -           Presentation of Annual Valuation Report – General Employees Defined Benefit Pension Plan

 

Each year, an actuarial valuation of the General Employees Defined Benefit Plan is conducted to review the plan operations for the previous year as well as to determine the contribution rate for the upcoming year.  Based upon the October 1, 2006, valuation, the 2006-07 contribution rate should be in a range from 11.4% to 12.5% of payroll.  This compares to last year’s required contribution rate of 12.02%.  David Leonard, A.S.A., of Creative Plan Designs, Ltd., the Pension Committee’s Actuary, will be in attendance to present his report.  High lights of Mr. Leonard’s report are attached.  Staff recommends that Council accept the Annual Valuation Report for the City of Port Orange General Employees Defined Benefit Pension Plan, as presented.

 

City Manager’s Comments:  Last year, the City Council requested each of the Pension Boards to have their Actuary appear before City Council and report directly on the condition of the Funds.  The General Employees Actuary is scheduled to appear before the City Council on Tuesday night. 

 

Item 10 -        Approval of Minutes

 

Attached are the minutes of the following meetings:  November 7, 2006 Regular Meeting; November 14, 2006 Special Meeting; November 14, 2006 Regular Meeting; and the November 15, 2006 Special Meeting.  If you have questions, please contact either Shirley Kelly or me.  We recommend approval.

 

Item 11 -        Update on Construction Projects

 

Attached is the update on construction project from Quentin L. Hampton Associates.  If you have questions, please contact either Mark Hampton or me.

 

Item 12 -        Update on Recreational Facilities

 

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

 

Item 13 -        Road Construction Report

 

Attached is the Road Construction Report.  If you have questions, please contact either Warren Pike or me.

 

Item 14 -        Bid Award – CO2 Tank Replacement

 

 Bids were solicited for the replacement of one of the CO2 tanks at the Garnsey Water Plant including all associated refrigeration equipment.   The GWP has two CO2 storage and feed units with the oldest being over 20 years old and in need of complete replacement.  TOMCO Equipment was the original supplier of this equipment, and submitted the sole bid for replacement.  Funds are available in the CIP, Project WWP003, Account  #40302005336397.

 

Staff recommends that Council award Bid B 07-05 to TOMCO Equipment for replacement of one complete CO2 tank in the amount of $64,400.00 and authorize the Mayor and City Manager to sign documents on behalf of the City.

 

Item 15 -        Change Order No. 1 – Eastport Business Park, Unit II

 

On October 24, 2006, the City awarded the construction contract for the public improvements associated with the Eastport Business Park, Unit II industrial subdivision to Masci Corporation of Harbor Oaks, FL.  The original contract amount was $1,726,850.    Gopher tortoises were found within the project limits shortly after construction commenced.  This change order reflects the additional project costs arising from the survey, permitting and relocation of 14 +/- gopher tortoises pursuant to State regulations.

 

Funding for this construction project was previously approved by City Ordinance No. 2006-38, which authorized the issuance of Tax Increment Financing bonds.  The construction account number for Eastport Business Park, Unit II is #102.1000.580.63-97, and the project number is PNC004.

 

Staff recommends that Council approve Change Order No. 1 to the contract with Masci Corporation for the construction of Eastport Business Park, Unit II, in the amount of $27,000.

   

Item 16 -        Amendment 2 – Contract with Bellomo-Herbert and Company Architects

 

Staff is asking Council to amend the contract with Amendment No. 2 to Bellomo-Herbert & Company Architects, Inc., in the amount of $8,175 to provide bid documents for the Gamble Floating Dock and Foot Bridges.  Staff recommends the approval of Change Order No. 3.  Funding is available in Account No. 001-4400-572-6397.

 

Item 17 -        Addendum No. 68 to the Original Quentin L. Hampton Associates, Inc., Contract for Construction Administration and Inspections

 

Staff has received an estimate from Quentin L. Hampton Associates, Inc., for the construction administration, inspections, and miscellaneous items for the Gamble Boardwalk, two foot bridges, and floating dock at Gamble Place in the amount of $14,585.  Staff recommends approval.

 

Item 18 -        Amendment No. 1 – FDOT Joint Participation Agreement – I-95 Interchange Improvements

 

In August, 2005, Council approved the Joint Participation Agreement with FDOT for improvements on SR421 at the I-95 interchange.  FDOT is submitting, for approval, Amendment No. 1 (see attached) to the agreement which revises wording in Item 1 and deletes Items 8 and 9 as shown on Exhibit A of the original agreement (copy attached).  Staff recommends approval of Amendment No. 1 to the Joint Participation Agreement with the Florida Department of Transportation for improvements on SR421 at the I-95 ramp.

 

Item 19 -        Bid Award to A. G Pifer Construction Company for the Roof and Exterior Finish Upgrades for the Port Orange Gymnasium

 

Two bids were received for the roof and exterior finish upgrades for the Port Orange gymnasium.  A. G. Pifer Construction of Daytona Beach submitted the low bid in the amount of $617,390.  The second bid was $895,000 from Quality Roofing.  Quentin L. Hampton Associates, Inc., has contacted the listed references and recommends the project be awarded to A. G. Pifer Construction (certified bid tabulation attached).  Staff recommends that Council award the bid to A. G. Pifer Construction Company for the roof and exterior finish upgrades for the Port Orange gymnasium.

  

Item 20 -        Request from Port Orange YMCA for the City to Co-Sponsor the Healthy Heart 10K and 5K Run/Walk 2007 with an Additional Two Year Commitment

 

Staff received a request from the Port Orange YMCA to co-sponsor their Healthy Heart 10K and 5K run/walk to take place Saturday, February 24, 2007.  They will publicize our participation by including us in items including t-shirts, banners, and registration materials.  They are asking the City to schedule police officers, road closings, safety, security, and offer the City the opportunity for City personnel to sit on or head up a planning committee.  This is a fundraising event to create scholarships that benefit the children, adults, and families in the Port Orange area.  Staff is asking for an additional two-year commitment for 2008 and 2009.  Staff recommends that council approve the City’s co-sponsorship of the YMCA Healthy Heart 10K and 5K Run/Walk and the event for the following two years at City Center.

 

Item 21 -        Bid Award – Vila & Sons for Ballfield Irrigation System

 

Bids were solicited for ballfield irrigation system for the City Center Sports Complex.  Two bids were received.  The lowest most responsible bid received was from Vila & Sons in the amount of $97,331.91.  Staff recommends that the City Council award the bid as submitted to Vila & Sons for the ballfield irrigation system in the amount of $97,331.91.  Funding for this project is with carryover funds along with current year funding.

 

Item 22 -        Change Order No. 1 – Deductive to Vila & Sons – Ballfield Irrigation System

 

Bids were solicited for ballfield irrigation system for the City Center Sports Complex.  Two bids were received.  The lowest most responsible bid received was from Vila & Sons in the amount of $97,331.91.  Because this bid was over budget, a reduced scope of work thereby creating a deductive change order in the amount of $22,706.70 has occurred.  Staff recommends that City Council approve this deductive change as stated.  This will make a grand total for the ballfield irrigation system of $74,625.79.  Funding for this project is with carryover funds along with current year funding.

 

Item 23 -        Approval of Council Meeting Schedule for 2007

 

Following is the proposed schedule for Council Meetings for the year 2007:

 

January 9, 23, and 30

February 6, 20, and 27

March 6, 20, 27  (Does the City Council desire to change the March meeting dates so as to avoid conflicts with Volusia County School’s Spring Break?  The National League of Cities Legislative Conference is March 10 to 14, 2007.  The Florida League of Cities Legislative Day is March 28 and Volusia Day is March 29.)

April 3, 17, and 24

May 1, 15, and 22

June 5, 19, and 26

July 17 and 24 – All Day Budget Meeting on Saturday, July 21 (Alternative Dates for the Budget are July 14 and July 28.  Another approach is to divide the meetings into two sessions, one on Tuesday, July 10, and the other on Tuesday, July 31.)

August 7, 21, and 28

September 4 (Budget Public Hearing – date may change if this is an election date); September 18 (Budget Public Hearing) and September 25

October 3, 16, and 23 (Dates may change due to election dates)

November 7 (changed to Wednesday due to election date) and November 13

December 4 and 11

 

Staff recommends that Council approve the proposed schedule of meetings for 2007.

 

Item 24 -        Approve Joint Cost Participation for 809 Louisville Project

 

Currently, there is one stretch of ditch to the rear of 809 Louisville which the City now has drainage easements over.  The City desires to enclose the drainage to aid the low characteristics.  The New Day Development is developing the parcel in front of this piece of property.  If the drainage pipe is not laid now, the City will not be able to access the property to install it in the future.  Therefore, while the construction is ongoing on the New Day parcel, it would behoove the City to have the contractor lay this one piece of drainage pipe.  There were three quotes received to perform this work.  The lowest responsive quote received was from Blacktop by Beede Paving Inc. at the cost of $31,082.  Staff recommends that Council approve and award this cost participation project with New Day for the quote submitted by Blacktop by Beede Paving as stated.  Funding for this project is subject to budget appropriations.

  

Item 25 -        Approve and Authorize the Mayor and City Manager to Execute the Use Agreement Between the City and Port Orange Family Days Community Trust, Inc., pertaining to the Premises of the Lakeside Community Center

 

Attached is the Use Agreement for the Lakeside Community Center.  The Agreement is being presented to Council for your approval and authorization for the Mayor and City Manager to sign all appropriate contracts.  Staff recommends that Council approve and authorize the Mayor and City manager to execute the Use Agreement between the City and Port Orange Family Days Community Trust, Inc., for the leasing of premises of the Lakeside community Center.

  

G.                BOARDS AND COMMISSION

 

Item 26 -        Report from Parks and Recreation Advisory Board

 

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

  

H.                 COMMUNITY DEVELOPMENT

 

Item 27 -        Resolution No. 07-1 - Easement Vacation – Winter Woods Subdivision, Lot 47 (1139 Kane Drive)

 

The Community Development Department has received a request to vacate a portion of the southerly rear yard 10.00 feet wide Drainage and Utility Easement located on Lot 47 of the Winter Woods Subdivision.  The property owner shave made this request in connection with a desire to eliminate potential title concerns involving an existing pool, deck, and screen enclosure constructed in to the easement in the past.  The structures meet their required setback distances.  Total allowable lot coverage has not been exceeded and enough easement area will remain for necessary drainage.  The easement vacation application and legal description have been reviewed for completeness and accuracy.  City departments have reviewed this request and have no outstanding concerns.  There are no currently planned drainage or utility improvements proposed for this area in the future.  The easement may be vacated as described in the attached Exhibit “A” to the extent that it is not being used.

 

Staff recommends that Council approve the attached resolution vacating the northerly 5.00 feet of the southerly rear yard 10.00 feed wide Drainage and Utility Easement located on Lot 47 of the Winter Woods Subdivision, per the attached legal description.

 

I.                     ADMINISTRATION

 

Item 28 -        Resolution No. 07-3  - Acceptance of Promissory Note for Acquisition of Bryant/Singletary Property in Riverwalk

 

On December 12, 2006, the Port Orange Town Center Community Redevelopment Agency (CRA) accepted assignment of a contract for purchase and sale from Port Orange Riverwalk, LLP, for the Bryant/Singletary property located at 3840 Halifax Drive.  The majority of this parcel is slated for public use as part of the Riverwalk Redevelopment  To facilitate this purchase, which must be completed by mid-January, the CRA also authorized the issuance of a Promissory Note to the City.  Bridge funding, obtained from the City’s loan pool, will provide the CRA the $1,150,000 it needs to close on the property until TIF bond proceeds become available.  The interest rate on this Promissory Note is 5.5% per annum.  Staff recommends that Council approve the attached resolution accepting a Promissory Note in the amount of $1,150,000 from the Port Orange Town Center Community Redevelopment Agency to facilitate the acquisition of the Bryant/Singletary property located at 3840 Halifax Drive.

 

Item 29 -        Resolution No. 07-4 - Release and Disclaimer – Stemmler/Turner Parcels

 

Port Orange Riverwalk, LLP, the City’s Master Developer for the Riverwalk Redevelopment Project, has a contract for sale and purchase for the Stemmler/Turner Parcels located at 3512 Halifax Drive and 108 Ocean Avenue.  In order to provide clear title prior to closing, Attorney’s Title Insurance Fund, Inc., requires a Release and Disclaimer from the City of Port Orange as to any rights or interest to be acquired pursuant to Resolution No. 92-19, adopted in April 1992, and recorded in OR. Book 3756, Page 1488, Public Records of Volusia County.  A copy of Resolution No. 92-19 is attached.  The subject drainage easement was never acquired due to Mrs. Silbereisen’s death in May, 1992.  The requested Release and Disclaimer may be provided, as all required easements for drainage purposes will be secured during the redevelopment process.  Staff recommends that council approve the attached resolution providing a Release and Disclaimer from the City of Port Orange as to any rights or interest to be acquired pursuant to Resolution No. 92-19.

 

Item 30 -        Resolution No. 07-5 - State Pre-Disaster Mitigation Grant Application

 

The Pre-Disaster Mitigation (PDM) program is a nationwide competitive grant program that was created to assist local governments with the implementation of cost-effective hazard mitigation activities prior to disasters.  The intent of this program is to reduce overall risk to people and property, while also minimizing the cost of disaster recovery.  The City intends to submit a PDM application to purchase and demo homes in the Cambridge Basin to mitigate future property damage.  Based on the Benefit Cost Analysis results and the proximity to the Spruce Creek Road/All Children’s’ Park, the City has identified two homes on Dawnview Square and two on Merrimac.  The City seeks $750,000 (75%) from the PDM program and the City must commit to a 25% ($250,000) match of the total project costs. Staff recommends that Council approve the attached resolution authorizing the City Manager to submit a Florida Department of Emergency management, Pre-Disaster Mitigation grant application and to also authorize the Mayor and City Manager to execute any agreements or contracts and provide a match.

 

 J.                  COUNCIL COMMENTS

 

Item 31 -        Comments/Concerns from Council Members

 

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

 

 

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