MEMORANDUM

 

 

To:                   Mayor Allen Green

Vice Mayor Mary Martin

Councilman Dennis Kennedy

Councilman Robert Pohlmann

Councilman George Steindoerfer

 

From:              Kenneth W. Parker, City Manager

 

Subject:          Agenda for Regular City Council Meeting of January 8, 2008

 

Date:               December 31, 2007

 

 

A.                 OPENING

Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call

 

B.                 SPECIAL RECOGNITION AND PROCLAMATIONS

 

Item 4 -           Recognition of Retired City Employees

 

At this time, Council will recognize the following employees who retired during 2007:

 

John Carleton

Joseph Crum

Marko Galbreath

William Groom

William Monning

John Rising

Margaret Sneddon

Glen Walker

 

City Manager’s Comments: When you review the list of individuals who retired in 2007, you see employees who have dedicated their careers to the citizens of Port Orange.  I have been fortunate to get to know each of them both as employees but most importantly as individuals.  Our citizens have been served well by each of them.  Tuesday night will provide the City Council with an opportunity to express to each of them our thanks and appreciation for their service to Port Orange.

 

 

C.                EASTPORT CRA MEETING

D.                TOWN CENTER CRA MEETING

E.                 JOINT ANNUAL MEETING OF PORT ORANGE PROPERTY DEVELOPMENT, INC.

F.                 ANNUAL MEETING OF THE DESIGN REVIEW BOARD

G.                JOINT ANNUAL MEETING OF CITY CENTER CORPORATE PARK PROPERTY OWNERS ASSOCIATION

H.                 JOINT ANNUAL MEETING OF GOLF CLUB AT CYPRESS HEAD, INC.

 

City Manager’s Comments:  Annually, the City has to organize the various agencies and corporate entities of the City of Port Orange.  The groups will meet on Tuesday evening to organize, elect officers and to perform other functions necessary for the agencies and corporations to conduct business.

 

 

I.                     CITIZEN PARTICIPATION

J.                  SPECIAL REPORT

 

Item 5 -           Presentation of Annual Investment Performance by Public Financial Management, Inc.

 

For the past few years, the City’s investment portfolio has been managed by Public Financial Management, Inc. (PFM).  At the conclusion of each year, PFM presents an annual investment performance review to the City Council.  PFM outlines investment earnings for the year, comparable indexes, and an overall performance evaluation.  PFM will be present at the Council Meeting to present their report.

 

City Manager’s Comments:  I want to express my appreciation to PFM for the analytical work they did on our behalf when looking into the State of Florida Local Government Investment Pool.  They helped the City examine the underlying securities to determine whether the City was being served by remaining in the pool.  PFM, along with Toby Wagner, provided the Investment Committee with information that guided us to withdraw from the Pool before its problems became front page news.

 

 

K.                 CONSENT AGENDA

 

Item 6 -           Approval of Minutes

 

Attached are the minutes of the following meetings:

 

November 6, 2007 – Regular Council Meeting

November 13, 2007 – Special Council Meeting

November 13, 2007 – Regular Council Meeting

November 14, 2007 – Special Council Meeting

 

Staff recommends approval.

 

Item 7 -           Update on Construction Projects

 

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

 

Item 8 -           Update on Recreational Facilities

 

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

 

Item 9 -           Road Construction Report

 

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

 

Item 10 -        Sole Source Purchase of Utility System Security System Components

 

 

Diamond Quest presently has an annual service agreement in place with the City for maintenance of utility plant security system components.  Under this purchase, Diamond Quest will install a system at the Cypress Head drinking water pump station.  The system will be comparable to systems already installed at our other remote sites.  In addition, the existing security systems at both the Garnsey Water Treatment Plant and the Huffman Reclaimed Water Treatment Plant, plus the security systems at the two remote drinking water pump stations at Oceans and Peninsula, will all be upgraded.  Additionally, the system will feature redundant monitoring capabilities from both main plants.

 

Diamond Quest has provided a quote in the amount of $35,896.  This project was identified in the CIP and funds are currently available Water Plant Improvements, Project No. WWP 003, Account No. 40302005336397.

 

Staff recommends that Council approve Diamond Quest as the sole source vendor of the City’s utility security system and approve a purchase order to Diamond Quest for the supply and installation of security system components, in the amount of $35,896.00.

 

Item 11 -        Change Order No. 2 – Masci Corporation 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.  Change Order No.1, approved in January 2007, added $27,000 to the contract to provide for additional expenses associated with the turtle mitigation and relocation.  This 2nd Change Order reflects significant project savings arising from the mid-construction redesign of the pedestrian sidewalk from the west to the east side of Eastport Parkway, thus eliminating expensive wooden walkways and bridges adjacent to sensitive wetland areas.  The Net Decrease of this Change Order is $169,411.06.

 

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. 2 to the contract with Masci Corporation for the construction of Eastport Business Park, Unit II, reflecting a net decrease of $169,411.06, resulting in a final construction contact price of $1,584,438.94.

 

Item 12 -        Modification to Addendum No. 65 – Quentin L. Hampton Associates, Inc., for Eastport Business Park, Unit II

 

In September, 2006, the City Council approved Addendum No. 65 to the Agreement with Quentin L. Hampton, Associates, Inc., dated February 14, 1980, for contract administration and engineering inspection services related to the bidding and construction of Eastport Business Park, Unit II. The total estimated fee for these services, which was approved before the project was actually bid, was $123,678. The requested augmentation would bring QLH’s total fee to $160,201.78.  As detailed in the accompanying letter, additional costs were incurred during the course of the project for which remuneration is now being sought.  Offsetting these additional expenses, QLH’s “value engineering” of the project design during construction resulted in a $142,366 savings in actual construction costs.

 

Bonds backed by Tax Increment Financing revenues were issued to fund construction of the public facilities for Eastport Business Park, Unit II.  Sufficient funds remain in this account to cover these additional expenses.  The construction account number for this project is #102.1000.580.63-97.  Staff recommends approval.

 

Staff recommends that Council approve a $36,523.78 increase to Addendum No. 65 to the Quentin L. Hampton & Associates Contract for contract administration and engineering inspection work associated with the construction of Eastport Business Park, Unit II.

 

City Manager Comments:  Quentin Hampton and Associates was not the design engineer for this project.  They handled the contract administration for this project.  One of the things they ran into was the gopher tortoise issue.  They worked with the City staff and the design engineer to handle the issue in a timely manner.   They worked with the contractor, the design engineer, city staff to perform value engineering services for the project. 

 

Let me encourage you to speak with Donna about each Eastport Change Order.  She can provide you with specific details what is entailed in each change order.

 

Item 13 -        Modification to Contract with Parker Mynchenberg and Associates for Eastport Business Park, Unit II

 

In September, 2003, the Eastport Business Center CRA approved a Scope of Services with Parker Mynchenberg & Associates to design and bid Eastport Business Park, Unit II.  As the Engineer of Record for the project, Parker Mynchenberg was approved for an original Scope of Work estimated at $38,955.  This amount was funded with a Promissory Note obtained from the City.  Once sufficient funds were available to proceed to the construction phase, additional engineering and permitting services were requested to move the construction along as quickly as possible.  Additional services were also requested in the context of the value engineering that took place mid-way through the project, resulting in a construction cost savings of $142,366.  As detailed in the accompanying letter from Steve Buswell, P.E., for Parker Mynchenberg, $21,637.56 in additional costs were incurred.  That amount, plus a remaining balance of $6,409.97 from the original scope, equals the final payment request of $28,047.56.  With a remaining balance of only $809.97 on the initial purchase order, staff is requesting approval of an increase of $27,237.56. 

 

Bonds backed by Tax Increment Financing revenues were issued to fund construction of the public facilities for Eastport Business Park, Unit II and pay off the initial Promissory Note.  Sufficient bond funds remain to cover these additional expenses.  The construction account number for this project is #102.1000.580.63-97. 

 

Staff recommends that Council approve a $27,237.56 increase to the contract with Parker Mynchenberg & Associates, Inc. for Engineering work associated with the construction of Eastport Business Park, Unit II. 

 

City Manager’s Comments:  Let me encourage you to speak with Donna about the scope of service change that occurred that resulted in a portion of the fees.  She can provide you with specifics of this project.

 

Item 14 -        Temporary Extension of Contract for Bio-Solids Removal, Transportation, and Disposal to Shelley’s Environmental Systems

 

The City’s current contract with Shelley’s Environmental for transportation and disposal of bio-solids produced at the Reclaimed Water Plant expires this year.  Due to increases in production and fuel costs, Shelley’s was once again not willing to extend the contract at the current unit price; however, Shelley’s has agreed in writing to extend the current contract for two months at the existing unit prices.  This will give the City time to evaluate the proposal and re-bid for this service, if necessary.  Funds are available in the current operating budget, Account No. 40104005353411.

 

Staff recommends that Council approve a two month extension for bio-solids removal, transportation, and disposal to Shelley’s Environmental Systems at the current unit pricing and authorize the Mayor and City Manager to sign contract documents on behalf of the City.

 

Item 15 -        Approval of Short List of Pre-Qualified Contractors for the Public Safety Facility

 

Request for Qualifications were solicited for contractors for the Public Safety Facility.  Seven submittals were received.  Of those seven firms, four were deemed by the committee to be of the quality that the City would like from the contractor that gets awarded the construction of the Public Safety Facility.  The four firms that were short listed by the committee are:

 

Clancy & Theys

Wharton-Smith

Hall Construction

R. D. Michaels

 

A copy of the short-list tabulation is attached for your review.  Staff recommends that the City Council approve this final ranking of contractors that will be bidding the Public Safety Facility.

 

City Manager’s Comments:  The next 3 items (16, 17, and 18) are assistance being provided to new homeowners under the State Housing Initiative Partnership Program.  This program assists qualified home buyers in purchasing their homes.  The funding source is grant funds from the State of Florida.  Their source of revenue is from document stamps.  Before names are submitted to the City for approval, they go through screening and education programs.  Our contractor, Mid Florida Housing Partnership, does the applicant screening.  Each applicant has to attend credit counseling and home ownership classes.  Using SHIP funds, we are able to provide assistance to 3 new homeowners enabling them to live in Port Orange. 

 

Item 16 -        Approval of SHIP Grant Down Payment Assistance – J. Eddy

 

The State Housing Initiatives Partnership program is a grant that is funded by the State in an effort to assist low and moderate-income individuals with housing needs.  Josh Eddy has been approved for assistance through the City’s contractor Mid-Florida Housing Partnership. In addition to approval, Josh has attended classes on credit counseling and home ownership, as well as met all State regulations for assistance.  All contracts and closing statements will be subject to approval by the City of Port Orange Legal Department prior to award of assistance and property closing.

 

Staff recommends that Council authorize the loan up to $60,000 and acceptance of second mortgage and promissory note for the purchase of real property.

 

Item 17 -        Approval of SHIP Grant Down Payment Assistance – Frederic C. Urquhart III

 

The State Housing Initiatives Partnership program is a grant that is funded by the State in an effort to assist low and moderate-income individuals with housing needs.  Frederic C. Urquhart III has been approved for assistance through the City’s contractor Mid-Florida Housing Partnership. In addition to approval, Frederic has attended classes on credit counseling and home ownership, as well as met all State regulations for assistance.  All contracts and closing statements will be subject to approval by the City of Port Orange Legal Department prior to award of assistance and property closing.

 

Staff recommends that Council authorize the loan up to $60,000 and acceptance of second mortgage and promissory note for the purchase of real property.

 

Item 18 -        Approval of SHIP Grant Down Payment Assistance – Lisa Wilson

 

The State Housing Initiatives Partnership program is a grant that is funded by the State in an effort to assist low and moderate-income individuals with housing needs.  Lisa Wilson has been approved for assistance through the City’s contractor Mid-Florida Housing Partnership. In addition to approval, Lisa has attended classes on credit counseling and home ownership, as well as met all State regulations for assistance.  All contracts and closing statements will be subject to approval by the City of Port Orange Legal Department prior to award of assistance and property closing.

 

Staff recommends that Council authorize thee loan up to $60,000 and acceptance of second mortgage and promissory note for the purchase of real property.

 

 

L.                  TABLED ITEMS

 

Item 19 -        First Reading – Ordinance No. 2007-32 – Amending Chapter 16, Section 5(b) and Chapter 2, Section 2, of the Land Development Code Relating to Special Setbacks and Requirements for Sunrooms (Tabled July 17, 2007) (Re-Tabled October 16, 2007)

 

This item is scheduled to come off the table on Tuesday, January 15.

 

 

M.                COMMUNITY DEVELOPMENT

 

Item 20 -        Second Reading – Ordinance No. 2007-31 – Rezoning from Volusia County A-2 (Rural Agriculture) to City of Port Orange R-20SF (Single-Family Residential) – Bipin Rama

 

Staff recommends approval.

 

Item 21 -        Second Reading – Ordinance No. 2007-59 – Annexation – Amendolagine

 

Staff recommends approval.

 

N.                 PUBLIC UTILITIES

 

Item 22 -        First Reading – Ordinance No. 2008-1 - Amendment No. 1 to State Revolving Fund (SRF) Loan Agreement WW72514S for the South Peninsula Wastewater Collection System, Park I

 

The City is reducing the principal loan amount by $111,318.58.  This is a change to the original ordinance adopted by the City Council on October 26, 2004.  This reduction was because the project actually came in lower than the loan amount that had been authorized under the SRF Loan Agreement.

 

Second Reading:  January 22, 2008      

 

 

O.                ADMINISTRATION

 

Item 23 -        Resolution No. 08-1 - Declaration of Surplus Property, Lot 8, Port Orange Gateway Center Replat

 

In June 2006, the City of Port Orange received a 4.812 acre parcel of land located directly behind Lowe’s.  This property is located in the Gateway Center.  After careful analysis, staff is recommending that the property be declared surplus and offered for sale.  Donna Steinebach has been assigned the task of selling this property.  She is working with the City Attorney to obtain all of the necessary releases and approval so that a potential purchaser can move forward with a project on this site.

 

Item 24 -        Resolution No. 08-2 – Amendment No. 1 to the City’s Hazard Mitigation Grant – No. 07HM-7@-06-74-02-084

 

This modification deducts $1,826,719 from our acquisition program.  This reduction was caused by homes being removed because they were included in our Repetitive Flood grants or the homeowner decided not to sell.  Staff recommends approval.

 

Item 25 -        Amendments to Architectural Contracts with C. T. Hsu & Associates, Inc.

 

C. T. Hsu has provided a proposal for additional services for drawings, specifications, pre-bid, and bid items, as well as engineering work for voice, data, telecom, and other systems as noted in their proposal.  Proposed cost increases are as follows:

 

Police Station:           Increase of $72,341, bringing contract total to $905,841

Fire Station 72:         Increase of $4,857, bringing contract total to $233,750

Fire Station 75:         Increase of $9,249.61, bringing contract total to $237,750

 

Funding for this is coming out of 314-1000-580-6200, Project CNE006, CN#004, and CNE005.

 

Staff recommends that Council approve the amendment to the contract with C. T. Hsu & Associates to provide additional services and work for the new Police Station and Fire Stations 72 and 75 in the total amount of $86,447.61.

 

City Manager’s Comments:  This item was originally presented to the City Council on October 23.  There are two aspects of this request for additional funds.  The first is a request for funding necessary to design the security system in the Port Orange Police Department.  In reviewing the RFP, there was an oversight on our part.  We found that we did not include the design for the security system in the scope of services in our RFP.  In order for the Police Department to operate correctly, the security systems must be designed.  I have told C.T. Hsu to not stop the design of the Police Department while we work out the details related to the change order to their contract.  The second item relates to the change order request for additional services.   The Civil Engineer has incurred additional time related to breaking the site work apart from the building contract.  It relates to attending pre-bid conferences, inspection services, preparation of specifications and bid documents, bid meetings, etc.  Although I do not like to recommend to the City Council change orders for professional design services, it is my opinion that C.T. Hsu and the design professionals employed by them are entitled to the change order due to our oversight by not including the security system design in the RFP and a decision the City made to bid out the site work as independent components away from the building component.  The decision to bid the components separately has saved the City money.  In fact, enough money has been saved to cover the cost of the change order.  Therefore, I am recommending approval. 

 

P.                 COUNCIL COMMENTS

 

Item 26 -        Comments/Concerns from Council Members

 

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

 

Kwp/rlg