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
December 2, 2008
Date: November 20, 2008
Item 1 - Pledge of Allegiance
Item 2 - Silent Invocation
Item 3 - Roll Call
B. CITIZEN PARTICIPATION (Agenda)
Each year, the City’s Investment Firm, PFM Asset Management, LLC, prepares an annual report that portrays the City’s investment performance for the past fiscal year. A copy of this report is attached.
Debbie Connors will be present on Tuesday night to provide the City Council with a first quarter report. As you will recall, the City entered into a contract with the Chamber to perform certain services. The Chamber and the City have been working together looking at potential revisions to the City sign code. Ms. Connors will be reporting on that activity and requesting that the City Council authorize staff to develop proposed changes to the sign ordinance.
C. CITIZEN PARTICIPATION (Non-Agenda - 15 Minutes)
D. CONSENT AGENDA
Attached are the minutes of the following meetings:
October 7, 2008 – Regular City Council Meeting
October 21, 2008 – Regular City Council Meeting
October 28, 2008 – Regular City Council Meeting
November 4, 2008 – Regular City Council Meeting
Staff recommends approval.
Attached is the update on Construction Projects. If you have questions, please contact any of the project managers or me.
Attached is the report from Parks and Recreation. If you have questions, please contact either Susan Lovallo or me.
Attached is the Road Construction Report. If you have questions, please contact either Warren Pike or me.
The City Council previously authorized and
appropriated $1 million toward the $4 million sponsor match shortfall to
complete the Rose Bay Watershed Restoration Project. The St. Johns River Water Management District
(District) has requested the City enter into a memorandum of understanding with
the District, as well as the
The memorandum of understanding limits the funding contribution amounts to no greater than $1 million with excess dollars refunded to the participating agencies equally. Staff is requesting City Council permit the City Manager to amend language in the memorandum of understanding that does not affect the City’s financial contribution in order to effectuate the commitment of all parties. The Volusia County Council and FIND will consider this memorandum of understanding at their respective December meetings.
In order to keep the project on schedule, funding requirements must be met on or before July 9, 2009.
Staff recommends that Council execute a Memorandum of
Understanding (MOU) to jointly fund the unmet sponsor match to the Army Corps
of Engineers Section 206 Ecosystem Restoration Program project in
Comments: This has been included in
the City‘s Operating Budget.
The City of
The proposed substantial rehabilitation of this home includes many handicap accessibility modifications necessary to accommodate Mr. Spencer’s handicap needs as well as replacement of the roof and other renovations necessary to bring the home up to current housing code standards.
The City received four bids total, with three qualified bids from licensed contractors and has selected low bidder, R/J Group, Inc. in the amount of $35,999.00
As the City is not the property owner, the actual contract for construction will be executed between the homeowner, Mr. Will Spencer and the General Contractor, R/J Group, Inc. Although the City is not a party in the contract for construction, the City will review all contract documents prior to the homeowner’s execution of said documents to ensure that the City’s detailed scope of work for rehabilitation of this housing unit is expressed and enforceable.
recommends that Council approve selection of low bidder, R/J Group, Inc. as
General Contractor for SHIP Substantial Rehabilitation of property located at
A Design-Build for the replacement of the Causeway Park Restroom Facility was recently requested. Three firms were short listed and then made oral presentations to the Selection Committee. The Committee ranked A. G. Pifer first, CCI second, and AWM third. Opening the price proposal then realigned the points to determine the final ranking of: CCI, A. G. Pifer, and AWM. CCI’s price proposal was $153,425 for the base bid with an add alternate of $8,068 for the stainless steel plumbing fixtures for a grand total of $161,493.
Funding for this project is in the 315-5100-572-6397, Project No. QPC029, in carry-over.
Staff recommends that Council approve the final ranking and price proposal from Commercial Construction Inc. for their price proposal as was submitted during the Design-Build for the Causeway Park Restroom in the amount of $153,425 and alternate number one for an additional $8,068 for the stainless steel plumbing fixtures, for a grand total of $161,493.
The City’s utility presently utilizes a 75-acre reclaimed water reservoir. A 100-acre companion reservoir is currently under construction by Halifax Paving and was targeted to be completed by December 31, 2008. However, the City desires to increase the depth of excavation in order to secure additional fill material for future projects. This change required a permit modification, which was approved by the SJRWMD and the ACOE, and the construction permit expires in February 2011.
excavation will yield 1,000,000 additional cubic yards of fill material.
Public Utilities Department and our customer base would benefit significantly
by having beneficial use of the additional 100-acre reservoir. It would increase our reclaimed water storage
capacity dramatically, and further ensure our ability to avoid discharging
treated wastewater into the
Staff recommends that Council approve Change Order No. 3, amending the contract with the firm of Halifax Paving for Bid B05-04 “Sale and Hauling of Fill Material,” with a change in contract price of $350,000, and providing for a time extension of 720 days for substantial completion by December 31, 2010, and authorize the Mayor and City Manager to execute the associated contract documents.
October 27, 2003, Ms. Ortiz tripped and fell on the sidewalk as she was walking
At mediation Plaintiff, Ortiz, offered to settle the case for $7,750.00. The offer was approved contingent on approval by City Council. A copy of the settlement agreement is attached. Although it is the City’s position that there is no liability the defense cost of trying the case before a jury would exceed the settlement cost regardless of whether the City prevails. Further, there is always a risk of trying a case before a jury regardless of the strength of your legal position.
recommend that Council authorize the settlement of the Maria Ortiz vs. City of
is completing work on the Legislative Program for 2009. The attached agreement would be to support
our efforts in
Staff recommends that Council employ Pittman Law Group, P.L. to track legislation on the City’s behalf and to work in support of our legislative priorities, including project funding. The contract will be in an amount not to exceed $40,000 annually.
City Manager’s Comments: In previous
years, we used Sean Pittman to help us secure funding for our various projects,
At the City’s fiscal year ending September 30, 2008, budget appropriations lapse. The attached resolution re-establishes these appropriations for funding the open purchase orders and projects that were either not completed or started by the fiscal year end. These carryover appropriations re-establish proper budget project funding and budgetary alignment of projects. The operating funds have the required 15% equity balances after appropriation of this resolution. Staff recommends approval of the attached resolution.
City Manager’s Comments: At the end of each fiscal year, the City is required to appropriate funds for open purchase orders, capital projects, and other items since all appropriations lapse at the end of each fiscal year. Many of our projects are multi-year projects, and the time frame for use of the funds exceeds one year. The City has the required 15% equity in reserve as required by our budgetary policy.
F. COMMUNITY DEVELOPMENT
The Community Development Department
received a request to release the utilities and access easement for the water main and for access, ingress/egress,
maintenance, and repair for existing public and private utilities that was
reserved over a portion of the
Final release letters were received from franchise utility companies for the area to be released when the right-of-way vacation was approved. City departments have reviewed this request with respect to City Codes and possible effects to adjacent properties and have no outstanding concerns. Easements for individual site development will be required with the approval process for those developments. The easement may be released as described in the attached legal description, Exhibit “A”, to the extent that it will no longer be necessary.
Staff recommends that Council approve
the attached resolution releasing the utilities and access easement reserved
The City’s Fiscal Year 2006-2007 CDBG Action Plan identifies one activity, Riverside Drive Improvements, in the amount of $233,996.00. This activity was determined ineligible and has been officially cancelled in reports to HUD but funds have not been reallocated to new activities. The addition of these proposed new activities in the CDBG program will allow the City to address the revitalization needs of neighborhoods and will bring the program into secure compliance with HUD regulations regarding expenditure timelines and eligibility of activities undertaken. In addition, funding for Administration expenses in the amount of $33,499.00 was not fully expended within the Fiscal Year 2006-2007 and must be re-allocated to projects.
amendments reallocate available funding (total $267,495) to activities that
will benefit the citizens and the public facilities of
Staff recommends that Council approve the attached Resolution which will amend the City’s Fiscal Year 2006-2007 CDBG Action Plan.
The City’s Fiscal
Year 2007-2008 CDBG Action Plan identifies one activity, Real Property
Acquisition, in the amount of $234,242.40.
Rising vacant land prices since 2007 and the complexity of implementing
this activity have prohibited action to date.
In order to comply with deadlines for encumbering and expending CDBG
funding, the proposed amendments reallocate available funding to activities
that will benefit the citizens and public facilities of
The combined available funding from deletion of the Real Property Acquisition activity in the amount of $234,242.40 and redirection of Administration funding in the amount of $58,560.60 (total $301,792.60) is proposed to fund the following activities: Port Orange Adult Activity Center Facility Improvements in the amount of $267,803.00; and Demolition of blighted residential and commercial buildings in the amount of $25,000.00
Staff recommends that Council approve, by Resolution, amendments to the City’s Fiscal Year 2007-2008 CDBG Action Plan.
The City seeks funding assistance from the Volusia ECHO Grant program to construct ball field # 3 and install playground equipment, picnic facilities, and lighting. The City requests $250,000.00 (50%) from the ECHO program and the City will provide a 50% match of $250,000.00. The City has already applied for a $200,000 grant from the Florida Recreational Development Assistance Program (FRDAP) to fund the Coraci Phase 2 improvements. The application is still pending.
Staff recommends that Council approve the attached resolution authorizing the City Manager to submit a Volusia ECHO Grant application to construct Phase 2 Improvements at the Coraci Athletic Fields. In addition, authorize the Mayor and City Manager to execute any agreements or contracts and provide a match.
Mr. Thornton and I met a few days ago. Our initial plan calls for them to be on site the first week in December to discuss the goals and measures that will be used to determine contract compliance. The actual work will start in early January. We did not believe that it was appropriate for us to begin the actual installation process until after the first of the year because of the holiday schedule. Innoprise believes that it can successfully install the software within 90 days and have it operational.
The City Attorney’s Office will be working with Innoprise to develop a contract amendment related to the work. We are hoping to have the contract amendment before the City Council on January 6.
One of the concepts presented was to have a third party monitor the progress. Innoprise has used this concept in other local governments. Although we have not pursued securing a third party vendor to do the progress monitoring, the City Council indicated in June that they might be willing to use a third party vendor. The City would want to be the employing agent of the vendor. Does the City Council desire to have a third party vendor monitor the installation process to be sure that the benchmarks are being met as well as the goals and objectives?
H. COUNCIL COMMENTS
At this time, Council Members may discuss various matters of concern.