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

                       January 27, 2009


Date:             January 19, 2009




A.        OPENING


Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call


B.                 STATE OF THE CITY MESSAGE

C.                SPECIAL REPORT


Item 4 -           Report from KemperSports Management


A representative of KemperSports Management will make a report to the Council at this time regarding The Golf Club at Cypress Head.


Item 5 -           Update on South Williamson – Gerald M. Brinton, Volusia County


Gerald Brinton, Volusia County Traffic Engineer, will update Council regarding the construction on South Williamson Boulevard at this time.


D.                CITIZEN PARTICIPATION (Agenda)


Item 6 -           Discussion – Halifax Urban Ministries


Wayne Clark, Community Development Director, will provide a report to Council at the Council Meeting regarding this item.



E.                 CITIZEN PARTICIPATION (Non-Agenda – 15 Minutes)

F.                 CONSENT AGENDA


Item 7 -           Project Managers’ Report


Attached is the Project Managers’ Report. If you have questions, please contact any of the Project Managers or me.  Staff recommends acceptance of the report.


Item 8 -           RFP No. 09-03 – Bus Bench Advertising Proposal


The City requested proposals from qualified professional firms interested in providing bus bench design, installation, removal, maintenance, and advertising at specified locations throughout the City. Proposals were received from two firms. A selection committee including Vice Mayor Mary Martin, Assistant City Manager Shannon Lewis, Assistant to the City Manager Donna Steinebach, and Principal Planner Tim Burman reviewed and ranked each proposal. Proposals were ranked according to revenue potential to the City, qualifications, and design.  The selection committee ranked the firms as follows:


1.      Waverly Media, LLC

2.      Martin Southeast Media, LLC


Staff requests authorization to enter into contract negotiations with Waverly Media, LLC as the highest ranked firm, conditioned upon use of recycled plastic benches applying the same revenue-generating formula as indicated in their proposal.


Staff recommends that Council approve the final ranking of firms responding to RFP #09-03 as presented and to authorize staff to enter into contract negotiations with Waverly Media, LLC.


City Manager’s Comments:  You may want to speak with Shannon before Tuesday night’s meeting related to this item.


Item 9 -           Bid Award – Water System Replacement 2009



This capital improvement project involves the replacement of 291 existing potable water service lines in the Brandy Hills, Cypress Cove, and Riverwood Phase II subdivisions.  The contractor will be responsible for furnishing all labor, equipment, tools, services, and incidentals to complete all work as specified in the bid documents.  The work shall be substantially completed within 210 days of the construction commencement date.  By mutual consent of the City and the contractor, the contract and its unit prices may be extended for work scheduled during the next fiscal year.


A total of twelve contractor bids were submitted and opened on January 13, 2009.  The lowest bid was submitted by R.A. Scott Construction for the amount of $178,540.00.  Our engineering consultant, Quentin L. Hampton (QLH), has evaluated the bids and unit prices.  They have determined the prices in R.A. Scott Construction’s bid are found to be fair and representative of current industry standards, based upon the site-specific characteristics.


Staff has determined upon review that R.A. Scott Construction is the most responsive, responsible bidder, and, therefore, we are recommending that Council award the project to R.A. Scott Construction at this time.


Construction funding is available in the Water System Replacement URP001.


Staff recommends that Council award Bid No. B09-04 Water System Replacement 2009 to the firm of R.A. Scott Construction in an amount of $178,540.00 and to authorize the Mayor and City Manager to sign and execute all required contract documents.   


Item 10 -        Purchase Order to the Miller Pipeline Corporation for Sanitary Sewer System Rehabilitation Work


Miller Pipeline Corp. is a local company based out of New Smyrna Beach, Florida which has recently completed for us sewer evaluation and sewer rehabilitation work within older sections of our system along the south end of Spruce Creek Road within the Cambridge Villas, Cambridge Estates, The Woods, Leisure Villas, Tree Top, and the Hamlet areas.  Approximately 4430 linear feet of sewer mains have now been lined internally, approximately 200 sanitary manholes have been located, inspected, and conditions recorded.  Over one hundred leaking sewer laterals / sewer cleanouts have been identified during the smoke testing of over 8.5 miles of sewer mains. The actual dig-up and repairs of these identified concerns are currently underway by our newly formed Field Operations Division of the Public Utilities Department.


Our City crews have also recently identified additional sewer lining work required within the Beacon Woods Subdivision.  This proposed work planned for later this year will allow us to continue our joint sewer maintenance program with Miller Pipeline in the completion of lining of sanitary sewer mains within Cambridge Estates area and in addition to commence in the lining of sewer mains within Beacon Woods.  Per copy of their letter, attached, they have expressed their willingness to continue to honor their prices with us under their existing unit price contract and to continue to perform these varied job tasks as directed during the new 08/09 fiscal year.


Our newly formed Operations Division of the Public Utilities Department will continue to work closely with this contractor to insure that areas of our City which have experienced relative higher inflow and infiltration are sealed up and repaired.  We are confident that Miller Pipeline Corp. will continue to work with us effectively to perform all work assigned in an acceptable manner.  We, therefore, request your approval at this time to approve this Purchase Order for $145,000 to the Miller Pipeline Contract for sanitary sewer system rehabilitation efforts city-wide.  Funds have been recently budgeted and approved for the current fiscal year to complete this work, and these funds are currently available in the Sewer System Rehabilitation Project # URH001.


Staff recommends that Council authorize a Purchase Order in the amount of $145,000 to be issued to Miller Pipeline Corp., under their existing contract with us for sewer system rehabilitation services city wide.


Item 11 -        “Piggyback” of City of Orlando Bid No. B105-2115 for Pump and Motor Repair Services Awarded to Stewarts Electric Motor Works, Inc.



As part of its continuous repair and replacement program at the R. Dwayne Huffman Reclaimed Water Plant, the Public Utilities Department has scheduled the reconditioning of (4) clearwell pumps and motors to factory specifications. The department has budgeted $72,000 in the current fiscal year for this project.


For the past several years, the City has utilized the services of Stewarts Electric Motor Works for repairs of various motors and pumps at both water and wastewater treatment plants as well as remote pumping facilities.  Through an existing price agreement with the City of Orlando, the department seeks to utilize the current pricing structure which remains in effect through April 22, 2009.  Stewarts Electric Motor Works, Inc., has agreed to perform the same services for the City of Port Orange and honor all prices and terms of the agreement for this project.   


Stewarts has submitted a price quote of $10,857.00 per unit for the disassembly, cleaning, inspection, routine maintenance, and reassembly of each of the four clearwell pumps and motors.  Other parts and repairs beyond the proposed scope of work would be an additional cost.


The Public Utilities Department requests Council approval of the “piggyback contract” and an approval of a purchase order to Stewarts Electric Motor Works, Inc., in an amount of $43,428.00. Current year funds for Wastewater Treatment Plant equipment repair and replacement are budgeted in Project #SSP002 under Account 403-0400-535.63-97. 


Item 12 -        “Piggyback” City Bid  B07-05 and Approve Garnsey Water Treatment Plan CO2 Tank Replacement



In 2007, the City advertised Bid B07-05 for the replacement of a CO2 tank at the Garnsey Water Treatment Plant.  TOMCO Equipment submitted the only bid and was summarily awarded a contract on January 9, 2007, in an amount of $64,400. 


Since that time, a second identical CO2 unit with over 20 years of service has failed and must be replaced.  TOMCO was the supplier of the original units, and they have proven to be reliable.  Therefore, City staff contacted Moss-Kelley, TOMCO’s designated southeastern regional representative, to ask for assistance with the City’s pricing request.  Ultimately, TOMCO, through Moss-Kelley, agreed to honor its unit price from the previous competitive bid. 


Staff recommends awarding a purchase order to TOMCO in the amount of $64,400. Funds are available in WWP003 Water Plant Improvements.


Staff recommends that Council approve a piggyback of the City Bid B07-05 and approve a purchase order with the firm of TOMCO Equipment for the replacement of one complete CO2 tank in an amount of $64,400, and authorize the Mayor and City Manager to execute the associated contract documents.


Item 13 -        2008 Flu Shot Program Revenue and Expenditures


This is the follow-up report requested by the Council at the completion of the 2008 Flu Shot Season billing process.  These reports summarize all revenue collected during the 2008 Flu Shot Season and the programs funded from the revenue generated, in accordance with Resolution No. 05-63.  Staff recommends approval of the report.


City Manager’s Comments:  If you have questions about this report, please feel free to speak with Chief Weber or Chief Rafferty.   They will be present on Tuesday night to answer any questions you may have.  The final report is provided to the City Council in the month of June.


Item 14 -        Acceptance of Settlement in the Case of Evan L. Lysaght and Marie Lysaght vs. City of Port Orange


The complaint by Marie Lysaght has not been settled.  This suit is currently pending in the Circuit Court of the Seventh Judicial Circuit in and for Volusia County, Florida.  Plaintiffs, Evan Lysaght and Marie Lysaght have brought a negligence action against the City of Port Orange arising out of a motor vehicle accident with a Port Orange police officer and a city owned vehicle.  Plaintiffs allege that as a result of the negligence of the police officer in the operation of the City owned vehicle, they have suffered personal injury.  This incident occurred on or about June 22, 2006.  The weather and road conditions did not play a part in this accident.   The Plaintiffs were traveling east bound in the parking lot, Port Orange police officer was operating a City vehicle heading south bound on an access road into the same parking lot.  The Officer stopped at the stop sign for the intersection of the two roadways.  As he proceeded forward from the stop sign the Plaintiffs approached from his right hand side at a high rate of speed.  He immediately stopped his vehicle.  However, the Plaintiff continued heading east bound and the front push bar on his police vehicle made contact with the left side of the Plaintiff’s vehicle.  Damage to the Plaintiff, Evan Lysaght’s vehicle was estimated to be approximately $3,400.00.  The damage estimated to the police vehicle was approximately $500.00.


A copy of the settlement agreement is attached.  The agreement provides payment of $7,000.00 to Evan L. Lysaght.  It is the City’s position that there is no liability as the accident was likely caused by the act of third persons; however 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.  If you have any questions regarding the case, or the recommendation of approval of the settlement, please give Margaret Roberts, City Attorney, a call.


Staff recommends that Council authorize the partial settlement of the Evan L. Lysaght and Marie Lysaght vs. City of Port Orange, Case No. 2007-30365 CICI pursuant to the terms set forth in the settlement agreement for Evan L. Lysaght only.


Item 15 -        Extension of A & A Wrecker Contract


There were four bids submitted for the annual wrecker services.  In the process of evaluating the bids, various deficiencies were found in each bid submission. Said deficiencies ranged from bidders not meeting specifications with facilities, equipment and employees. After careful review of these submissions, Staff cannot recommend any of the bidders.  Therefore Staff respectfully recommends that Council reject all of the bids received. Staff further recommends that the current wrecker services contract be extended for up to six (6) months in order to complete a re-bid of this contract, with revised specifications.


Staff recommends that Council reject all bids submitted, extend current contract for up to six-(6) months in order to complete a re-bid with revised specifications.


City Manager’s Comments:  Later in the meeting, I will be making a specific recommendation related to awarding the wrecker service contract.  Any extension should be subject to A & A meeting the current contract requirements. 



G.                FINANCE


Item 16 -        First Reading- Ordinance No. 2009-1 - Amending Chapter 54, Article VI, of the Code of Ordinances Entitled 2003 General Employees Retirement System


During the past several months the General Employees Pension Committee has been working with Legal Council to update the General Employees Pension Ordinance.  The Statement of Actuarial Impact attached to the Ordinance highlights the various changes.  In summary, these changes include language changes, bringing the existing Plan into conformance with current legal and administrative guidelines.  Also proposed are changes in the General Employees Pension Committee, bringing membership from five to seven members.  Please see the attached for detail.  Staff recommends approval.


Second Reading:   February 17, 2009  


Item 17 -        Monthly Financial Report


Attached is the Monthly Financial Report.  If you have questions, please contact either John Shelley or me.  Staff recommends acceptance of the report.




Item 18 -        First Reading – Ordinance No. 2009-2 - Amending SHIP Ordinance Relating to Increasing Appointed Membership


In April 2006, the City Council approved Ordinance 2006-13 establishing the Local Housing Assistance Program under the State Initiatives Partnership (SHIP) Program.  This comprehensive Ordinance also included establishment of the City’s Local Housing Trust Fund for collection of annual SHIP allocations, and the establishment of the Affordable Housing Advisory Committee.


Effective February 21, 2008, Florida Statute 420.9076 and Rule 67-37.010 were amended to require cities and counties receiving SHIP funds to appoint (or re-appoint) an affordable housing advisory committee.


The City’s Ordinance 2006-13 indicates the previous required membership of nine (9) members.  The amended Statute and Rule now require membership of eleven (11) members.


At the January 6, 2008 City Council meeting, the City Council appointed sixteen (16) members to the Affordable Housing Advisory Committee.  One member seat remains vacant but is required to be filled.


Staff recommends that Council approve amended Ordinance 2006-13, increasing appointed membership in the State Housing Initiatives Partnership (SHIP) program Affordable Housing Advisory Committee from nine (9) members to at least eleven (11) statutorily-defined members. 


Second Reading:   February 17, 2009  


Item 19 -        Resolution No. 09-10 - Proposed Conservation Easement Vacation – Parcel B, Unatin Subdivision, Phase III (5609 Victoria Gardens Boulevard)


The Community Development Department has received a request to vacate the Conservation Easement centrally located over Parcel B of the Unatin Subdivision, Phase III.  Steven Unatin, agent on behalf of Jerome Unatin, the property owner, has made this request in connection with a proposed leasing complex, currently under review.


The conservation easement area contains 5 oak trees, 47 cabbage palms, and 1 pine tree.   The applicant proposes to remove 8 cabbage palms and the pine tree.  The remaining 39 cabbage palms and 5 oak trees will be preserved.  Pursuant to Ch. 9, Article II, Sec. 19 of the Port Orange Land Development Code, mitigation for the 8 cabbage palms and 1 pine shall be 10 replacement trees.  The applicant proposes to provide 7 crepe myrtle trees and 4 holly trees as mitigation for the trees to be removed.  Staff supports the conservation easement vacation and the mitigation being offered and shown on the site plan submitted with the building permit.


The easement vacation application and legal descriptions have been reviewed for completeness and accuracy.  Other City departments have reviewed this request and recommend that the vacation be subject to reserving all other easements of record over the subject area.  The easement may be vacated to the extent that this particular conservation easement will no longer be required to assure tree preservation and landscape buffer requirements for the area.


Staff recommends that Council approve the attached resolution vacating the 17,808 square feet Conservation Easement centrally located over Parcel B of the Unatin Subdivision, Phase III, per the attached legal description (Exhibit A).


Item 20 -        Resolution No. 09-11 - Proposed Easement Vacation – Countryside PUD – Unit IIID Subdivision, Lot 59 (823 Clear Lake Drive)


The Community Development Department has received a request to vacate a portion of the westerly rear yard 10.00 feet wide Drainage and Utility Easement located on Lot 59 of the Countryside PUD, Unit IIID Subdivision.  David Colby of Artesian Pools, applicant on behalf of John and Elizabeth Machetto, the property owners, has made this request in connection with a proposed pool and pool deck to be constructed into the easement.


The easement vacation application and legal description have been reviewed for completeness and accuracy.  Franchise Utility Company release letters have been obtained for the area described in the attached legal description (Exhibit A).  City departments have reviewed this request with respect to City Codes and possible effects to adjacent properties and have no outstanding concerns.  Total allowable lot coverage has not been exceeded and enough easement area will remain for necessary drainage.  Currently, there are no 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 westerly 5.00 feet of the easterly rear yard 10.00 feet wide Drainage and Utility Easement located on Lot 59 of the Countryside PUD, Unit IIID Subdivision, per the attached legal description.


Item 21 -        Proposed Subdivision Improvement Agreement Amendment for HBI Development Co., Inc., Developing the Port Orange Landings, Phase II, Subdivision


The Community Development Department has received a request submittal from HBI Development co., Inc., the developer of the Port Orange Landings, Phase II, Subdivision, proposing the partial acceptance of the subdivision with a bond for the completion of the roadway and utility crossings of the B-19 canal tributary located along the northerly boundary of the Development and the installation of a four way stop sign and appropriate pavement markings at the intersection of Willow Run Boulevard and Hidden Lakes Drive.  Their reasoning for the request is to take advantage of an increased customer volume in the spring season. 


Partial acceptance would allow for subdivision plat recording, lot sales, building permit issuance, and certificate of occupancy issuance.  All subdivision improvements, except for those listed in the attached proposed amendment, will be completed, inspected, and approved prior to plat recording.  The amendment has been reviewed by City staff for City Council consideration.


Staff recommends that Council approve the proposed amendment to the Subdivision Improvement Agreement with HBI Development Co., Inc., for the Port Orange Landings Phase II Subdivision.



I.                    PUBLIC SAFETY


Item 22 -        Resolution No. 09-12 - Third Amendment to Automatic Aid and Closest Response Agreement


The East Volusia Fire-Rescue and EMS Automatic Aid and Closest Unit Response Interlocal Agreement’s terms are being amended, under Section 14, to include language indicating the agreement is extended for an additional term expiring on September 30, 2009.  Staff recommends approval.


City Manager’s Comments:  Five years ago, all of the east side cities entered into the EMS Automatic Aid and Closest Unit Response Interlocal Agreement.  The City Managers are recommending an extension to the Agreement through the remainder of the fiscal year.  As you are aware, we are working collectively on reviewing various alternatives and options for Fire and EMS services in Volusia County.  This will give all of the participating entities enough time to complete the work and make a presentation to the governing bodies for their consideration.


Item 23 -        Bid Award – Annual Wrecker Services


There were four bids submitted for the annual wrecker services.  In the process of evaluating the bids, deficiencies were found in each of the bids.  Some of the deficiencies were with their facilities, some equipment, some personnel etc. and because of this fact, staff cannot recommend any of the bidders.  Therefore Staff respectfully does recommends that Council reject all of the bids received and further, that they extend the current contract for up to six (6) months in order to complete a re-bid of this item, with revised specifications


Staff recommends that Council eject all bids submitted, extend current contract for up to six-(6) months in order to complete a re-bid with revised specifications.


City Manager’s Comments:  I have reviewed the entire bid package as well as a variety of materials.  Those materials are included in the packet of materials.  I have reviewed options with the Police Department, Purchasing Coordinator, and the City Attorney.  It appears to me that the best option is to re-advertise and accept new bids and proposals rather than having to grant a deviation from the bid specifications.  It is important to maintain the integrity of the bidding process.   I concur with the Police Department’s recommendation.    


Earlier in the Agenda, you were requested to authorize up to a 6 month extension to the A & A contract as long as they met their existing contract provisions.  We do not think it will take 6 months to revise the specifications and advertise, receive bids, and award a contract.  


J.                  ADMINISTRATION


Item 24 -        B-23 Canal Discussion


A variety of public meetings and workshops have been held with the residents along the B-23 Canal, the Homeowners Association, and the City Council.  The attached report summarizes the findings and highlights key decision items that need to be addressed, such as the area to be dredged, the area for seawall reconstruction, necessary design and permit modifications, budget, and utilization of public lands abutting the canal.  Staff is prepared to initiate work on items the City Council authorizes.


Staff will update Council on the Harbor Oaks B-23 Canal dredging and seawall reconstruction project and discuss of the public property abutting the canal.


City Manager’s Comments:  Assistant City Manager Shannon Lewis has been working on the B-23 Canal dredging and seawall project for several months.  We are approaching the point in time where the City needs to make a decision related to direction.  There is no debate that the entire project needs to be done.  However, as you are aware, there are several legal and liability issues that the City has attempted to resolve.  This is an update for the City Council


Shannon has provided you with a variety of options.  Unfortunately, the option that really needs to occur, dredging and repairing all of the seawalls, may not be an option available to the City because of the legal issues and liability issues.   We continue to work with the residents to accomplish the dredging and the repair of the seawalls.  Shannon’s memorandum outlines the options and provides the City Council with cost estimates for each of the options.


There is a secondary question that must be asked as part of the project.  When the properties were still under County jurisdiction, some of the property owners constructed facilities on County property.  When the City of Port Orange annexed the property, the County deeded the park land to the City as part of the transfer of the property into the City limits.  As we began working on the B-23 Canal project, it was at that time we discovered that some items were on park land.  Shannon’s memorandum addresses those items.  The City has several options.  First, the City could require the property owners to remove their boat houses and other items from the park property and City right of way.  That would allow the City to repair the seawalls. 


A second option is to enter into a license agreement with the property owners that would allow the boat houses to remain.  There would be monetary value associated with the property.  We would need to explore whether the City could sell the property and if our normal disposal procedures would apply.  The City’s normal property disposal procedures would require sealed bids.  That does not mean that the individuals who have boat houses or other structures on the City property would be the high bidder. 


The City, from a liability standpoint, needs to repair the seawalls on city-owned property.  Second, the City needs to make provisions to catch any sediment that flows out of the B-23 Canal into Rose Bay.  We do not want to spend tremendous amounts of money dredging Rose Bay only to have the sediment from the B-23 Canal flow uncaptured into the Bay.  We believe there is a solution that can be designed at the mouth of the canal that could act as a basin to catch the silt and muck. 


Staff is not proposing to place a weir at the mouth of the canal.  Although that is an option, we do not believe it is a workable option since it might limit the navigability of the canal itself.  In the final analysis, I cannot recommend to the City Council that the City assume the liability should structures be damaged during the dredging of the canal, nor accept the liability should a seawall collapse because of the muck removal.  A number of individuals have indicated that they would hold the City harmless.  We simply do not know what will occur when the muck is removed.  Many of the structures were constructed without permits when the properties were located in the County or they were constructed so long ago that there is no record at the County related to the permits.  Let me encourage you to discuss this with Shannon prior to Tuesday night so we can have answers to your questions. 


At the end of February, we will re-schedule this item for Council consideration.  I know that neighbors are talking with each other about the dredging of the canal.  Most desire the canal to be opened and navigitable.


K.                 COUNCIL COMMENTS


Item 25 -        Comments/Concerns from Council Members


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


Item 26 -        City Council Committee Reports


At this time, Council Members may report on various committees to which they have been assigned.