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 Commentary for Regular City Council Meeting of May 20, 2008


Date:               May 12, 2008




A.                 OPENING


Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call





Item 4 -           Recognition of Student Government Day Participants


At this time, students that participated in Student Government Day from Spruce Creek High School will be recognized by the City Council.


City Manager’s Comments:  Our Departments had the opportunity to work with students from Spruce Creek High School.  The students did an excellent job again this year.  They addressed many topics, some of which the City Council already addressed and some that the City Council will be addressing in the future.  Shannon Lewis coordinates this activity with the high schools each year.  Our Department Heads and members of their Departments work with the students over an extended period of time so the students have an actual experience in how local government works.  I want to express my appreciation to Shannon and each of the Department Heads and their staff for giving of their time, energy, and effort to make Student Government Day a success.  I want to express my appreciation to the teachers, administrators, and the parents who came each day supporting the students.  I was extremely proud of each student.  They did an exceptional job. 


Item 5 -           Special Recognition Award


Each year, the Gold Wing Riders Association recognizes a traffic motorcycle officer in Volusia and Flagler Counties as “Gold Wing Road Riders Association, Chapter FL1-H, Daytona Beach, Motor Officer of the Year.”  Officer Richard Vingara is the Associations’s choice for 2007.Officer Vingara is recognized for his dedication to making our community a safer place to live through his dedication in promoting traffic safety and his expertise in inviting community members to participate in traffic safety programs.


Item 6 -           Special Recognition of Port Orange Fire & Rescue as State of Florida EMS Provider of the Year


The State of Florida has proclaimed May 18 through May 24 as emergency medical services appreciation week.  As such, the Regional EMS Committee would like to present an award of appreciation to the City of Port Orange Mayor, City Council members, and City Manager for their continued support and participation in the regional Fire and Rescue and EMS partnership that resulted in the City of Port Orange Fire & Rescue to be recognized as the State of Florida EMS Provider of the Year.  Our theme this year is “Saving Lives through Teamwork.”  It is readily apparent that this is a partnership that works for everyone.




D.                CONSENT AGENDA


Item 7 -           Addendum No. 70 to the Quentin L. Hampton Associates, Inc., Agreement – Williamson Business Park


As required under the purchase sale agreement with D.S.C. of Newark, the City is responsible for construction of infrastructure at the Williamson Business Park prior to February 14, 2008.  Construction plans have been finalized, all but one permit has been received, and it is time to bid the project. The engineering services included in Addendum No. 70 include contract specifications, bid document preparation, contract administration and inspection services in the amount of $99,520.


Quentin L Hampton Associates, Inc. standard fees have been discounted to reflect the elements that the City and Kimley-Horn & Associative have already completed, including plan drawings and permitting.  Staff recommends approval in order to expedite completion of the project.


Staff recommends that Council approve addendum No. 70 to the Quentin L. Hampton Associates, Inc. Agreement in the amount of $99,520 for engineering services related to the Williamson Business Park.


Item 8 -           Approve Contract with Dredging and Marine Consultants for the Design of an ADA Ramp and Floating Launch Facility at Russell Property


Several weeks ago, the Council approved the final ranking of Dredging & Marine Consultant as the number one firm to provide the design and permitting of an ADA Ramp and Floating Launch Facility at the Russell property.  At that time, Council instructed staff to negotiate the contract for providing these services.  This is the contract and proposal for providing those services per your instructions.  Staff recommends that the city Council approve and award the contract for the design and permitting of a canoe launch and floating dock facility at the Russell property.


Item 9 -           City Cost Participation for Request for a Gravity Sewer Line Extension to 11 Existing Residential Lots in Ponce Inlet


The developer of a single family home and their engineer, Daniel Johns, P.E., have been working with the Public Utilities staff to design and propose the construction of a gravity sewer line extension in conjunction with their project. This sewer line extension will extend northward along A1A, Atlantic Avenue, in Ponce Inlet, Florida for approximately 650 feet.  Approximately six of the additional ten lots being provided with sewer laterals are currently occupied with single family homes which are currently utilizing on-site septic systems. 


The Town of Ponce Inlet has recently been considering new ordinances which will encourage if not require the connection to city sewer service when it is provided.  They and city staff believe that this type of project is generally in the best interest of the environment as well as the customer whose treatment systems will eventually fail and need to be replaced.  We would also like to request that the City Council establish the amount of the sewer connection fee which would be assessed to these 10 lots at the time of connection.  In that the actual construction costs to install a sewer lateral to these properties is a little over $4,500 per sewer connection we would like to suggest that you establish this as the sewer connection fee for these specific 10 additional residential lots.


The developer’s engineer has provided supporting cost documentation, along with their formal request for cost reimbursement, which is attached.  We have also verified that these prices are fair and reasonable and in-line with current industry pricing. Funds are currently available in City Cost Participation Project UCP001 to pay for this recommended capital improvement. We recommend approval of this funding request in an amount not to exceed $47,885.45 at this time. 


Staff recommends that Council approve the City Cost Participation request and issue a purchase order to Mr. Bill Bethune in an amount not to exceed $47,885.45 for construction of a gravity sewer line extension along the east side of A1A in Ponce Inlet, Florida, and establishing $4,500 as the sewer connection fee for these affected lots, and to authorize the Mayor and City Manager to execute applicable contract documents, as necessary. 


Item 10 -        Consent to Assignment of Lake Contract to Aquatic Weed Technology


Our lake contract company, All American Aquatic Company, has been sold to AquaticWeed Technology.  AquaticWeed Technology is willing to provide the same services as specified in the contract at the same terms and conditions.  Staff has met with senior management of AquaticWeed, obtained all documents as required (insurance, etc.), and are satisfied that they have the necessary manpower, experience, and equipment to provide the services as required.  If approved, the contract with AquaticWeed Technology will be for the period of May 1, 2008, through April 30, 2009, and can be extended if both parties are in agreement.


Staff recommends that Council approve the consent to Assignment of the lake contract from All American Aquatics Company to AquaticWeed Technology, Inc.


Item 11 -        Change Order No. 1 to the Professional Pipeline Services Purchase Order for Additional Pigging of Major Sanitary Sewer Force Mains



Last year we contracted with Professional Pipeline Services piggybacking an existing competitively bid contract with Pinellas County, Florida. This work authorization was to pig the sewer force main from the Lacosta Lift Station to the Herbert – Nova Lift Station and to also pig the force main from the Southwinds Lift Station to Willow Run Blvd. At that time they ran into some difficulty in pigging the 10” force main where it ties into the Willow Run force main due to the existing condition of our Willow Run force main.  This was evidenced by the higher then anticipated operating pressures recorded along this section of the force main during the pigging/ cleaning process. In response to that issue we then requested that they submit a written proposal, attached, to come back and clean the additional section of 16” force main which begins at the Taylor Road and eventually terminates after almost 4 miles near the Police Station.


Sewage force mains should be cleaned every 5 – 10 years in order to insure that excessive sediments do not accumulate and create sewage blockages. Partial or complete sewage blockages may contribute to excessive pipeline pressures which in turn may cause pipes and pump station failures.  These higher operating pressures also will contribute to higher electrical bills and eventually could contribute to overall failures of our sewer collection system.   Professional Piping Services, Inc. has successfully completed pipeline rehabilitation work for us in past years. They specialize in the pigging method to clean and rehabilitate pressure mains and are currently the “pigging experts “in this field.  This quote is consistent with and equivalent with the unit pricing provided to us last year under our existing purchase order.  We request your approval at this time to waive the normal purchasing and bidding procedures and approve Change Order #1 to the Professional Piping Services, Inc. Purchase Order in an amount not to exceed $34,443 for the required sanitary sewer system rehabilitation efforts. Funds are currently available in the Sewer System Rehabilitation Project #URH001 to cover this required work.


Staff recommends that Council authorize Change order #1 for $34,443 to be issued to Professional Piping Services, Inc., under our existing purchase order, waiving the normal bidding procedures, and piggy-backing a competitively bid contract with Pinellas County for sanitary sewer pipeline rehabilitation work, and authorizing the Mayor and City Manager to sign and execute all required contract documents.  


Item 12 -        Change Order No. 2 to C. T. Hsu and Associates – Public Safety Facilities


C. T. Hsu & Associates has given the City their proposal in order to finish out the design for the shell space.  Their cost is $101,625.  C. T. Hsu also has additional design fees outstanding from the Early Sitework Packages for the Police and Fire Stations at a cost of $7,539.82.  Finishing off this change order are reimbursable expenses of $15,671 for a grand total of $124,835.82.  Staff recommends that Council approve Change Order No. 2 for C. T. Hsu & Associates, Inc., in the total amount of $124,835.82 for additional design fee to finish shell space for the early site work packages and expansion along with associated reimbursables.


Item 13 -        Validation of Purchase Order Issued to ITT Flygt for Rehabilitation of Two (2) Pumps for the Herbert and Nova Master Lift Station



On Tuesday April 29, 2008, two of the three pumps located at the Herbert & Nova master sewage pump station became inoperable.  Operation of this station is critical to the system, repumping all flows generated in the northern service area located between Nova Road and the B-19 Canal, and transmitting the sanitary sewer flow to the reclaimed water plant for treatment.  Public Utility crews secured a temporary bypass pump at a cost exceeding $1000 per week, necessary to help maintain flows until the permanent pumps could be repaired. 


The cause of the pump failure cannot be determined absolutely. However, it appears that a large piece of inorganic debris was improperly disposed of in the sanitary sewer.  Ultimately, the debris found its way to the Herbert & Nova station where it entirely destroyed one pump impeller and damaged irreparably a second. 


ITT Flygt, the sole source supplier of Flygt pumps in our region, evaluated the pumps and provided a cost of $27,027.30 to rehabilitate both.  Because of the urgent need for a permanent solution, the City Manager approved the purchase requisition on May 5, 2008.  Funds were identified as being available in account 40106005364610.  The item is submitted to the Council for validation at this time.


Staff recommends that Council approve the waiver of bidding procedures and validate the issuance of a sole-source purchase order issued to ITT Flygt in the amount of $27,027.30 for the rehabilitation of two pumps at the Herbert & Nova Master sanitary sewer pump station.


Item 14 -        Waive Bid Procedures and Approve Sole Source Purchase of Radio Equipment from Communications International


Several years ago, Volusia County solicited bids for radio equipment for the 800 MHz system, which included all cities in the County.   GE Erickson was awarded that bid.  Communications International is the sole authorized agent for that radio equipment in this area.  Several of the Departments are in need of replacement radios, of which the total amount would exceed the bid threshold.  Funding for this is allocated in the 505 fund.  Staff is requesting the Council waive the bid procedures and approve the radio purchases for these Departments from Communications International.


Item 15 -        “Piggyback” Volusia School Board’s Bid for Investment Services


Recently, our contract with PFM expired.  Volusia County School District recently advertised and accepted proposals for investment management services.  The School Board awarded a one year with 5 year renewals for investment management to PFM.  The School District has a clause in their proposal that allows other school districts and local governments to utilize their contract for investment management services.  The rate that was quoted by PFM for School Board investment services is less than the rate that we are currently paying.  We are recommending the City “piggyback” the School Board’s contract for investment management services and contract with PFM for Investment Management Services. 


Item 16 -        Building Activity Report and Monthly Development Activity Report for March and April, 2008


Attached are the reports from Community Development.  Staff recommends acceptance of the reports.


E.                 TABLED ITEMS


Item 17 -        Second Reading – Ordinance No. 2008-13 – Amending Article IV of Chapter 42 of the Code of Ordinances Relating to Nuisances (Tabled 5/6/08)


We recommend that this item remain on the table.





Item 18 -        Citizen Advisory Committee for the MPO


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





Item 19 -        First Reading – Ordinance No. 2008-15 - First Amendment to the Pavilion at Port Orange PCD MCA


This is an administrative request that includes various “house keeping” amendments, such as the development of a County stormwater pond within the PCD property pursuant to the Joint Project Agreement between Volusia county and Port Orange Town Center, LLC; amending Exhibit “D” relating to Architectural Design Standards; and amending Exhibit “E” relating to the Master Sign Plan. 


Planning Commission Recommendation:      the Planning Commission recommended approval 6-0 (Commissioner Barker excused) of the First Amendment to the Pavilion at Port Orange PCD Master Development Agreement.


Staff Recommendation:   Staff recommends approval.


Second Reading:   June 17, 2008         


Item 20 -        Resolution No. 08-18 - Spring 2008 Large-Scale Comprehensive Plan Amendment Package


This amendment package includes the following six items:


Item 1 -           Map and Text Amendment – New Port

Item 2 -           Map Amendment – Woodhaven/Stanaki Property/225 acres

Item 3 -           Map Amendment – Walker’s Green/IPA Area

Item 4 -           Text Amendment – Florida Communities Trust

Item 5 -           Text Amendment – Transportation

Item 6 -           Text Amendment – Recreation Facilities Level of Service Standards


Item 1 is a private-sector initiated map amendment.  Items 2 through 6 are City initiated amendments.  The staff reports on these amendments are attached for your review.


Planning Commission Recommendation:      The Planning Commission recommends approval.


Staff Recommendation:   Staff recommends approval.



H.                ADMINISTRATION


Item 21 -        Second ReadingOrdinance No. 2008-14 – Expanding Environmental Advisory Board Duties to Serve as Brownfield Advisory Committee


Staff recommends approval.


Item 22 -        Resolution No. 08-19  - Brownfield Designation


Sections 376.77 though 376.86, Florida Statutes, allows for the designation of certain lands as Brownfield Areas, and provides for environmental remediation, rehabilitation and economic development activities relating to Brownfield Areas.  New Port LLP, NP, LLC and the City of Port Orange are the owners of the subject property that have requested Brownfield Area designation.  New Port LLP and NP, LLC shall be responsible for the site assessment, remediation and rehabilitation on the property owned by each of them in the Brownfield Area.  The City desires to include the Southwinds Park and portions of Richel Drive to provide for improved access and parking for the expanded use and enjoyment of the park as part of the New Port redevelopment, not for rehabilitation or redevelopment. 


Upon designation as a Brownfield Area, the property owners will be responsible for undertaking a site assessment to determine if actual environmental contamination exists.  If contamination is found, the owners must enter into a brownfield site rehabilitation agreement with the Florida Department of Environmental Protection.   The results of the site assessment and the draft plan for site rehabilitation must be submitted to the City’s Environmental Advisory Board, which is taking on the additional role as the City’s Brownfield Advisory Committee.


Two public hearings are required prior to Brownfield Area designation.  A second public hearing is scheduled for June 17, 2008, after which the subject Resolution may be adopted.


Staff recommends that Council adopt the attached resolution designating property located south of Reed Canal Road, east of Clyde Morris Boulevard and including a portion of Richel Drive, as a Brownfield Area.


I.                    COUNCIL COMMENTS


Item 23 -        Comments/Concerns from Council Members


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