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
June 16, 2009
Item 1 - Pledge of Allegiance
Item 2 - Silent Invocation
Item 3 - Roll Call
B. CITIZEN PARTICIPATION (Agenda)
Vice Mayor Martin asked that Lew and Shirley Rice be invited to attend a City Council Meeting to discuss Reye’s syndrome awareness.
C. CITIZEN PARTICIPATION (Non-Agenda – 15 Minutes)
D. CONSENT AGENDA
The City of
Scott Construction was requested to immediately provide the City with a proposal to remove the 12” redundant potable water line which was currently in the way, and to replace the existing unsupported 16” force main. A itemized quote was provided the following day. Public Utilities staff recommended to the City Manager, in order to protect public health and safety, and prevent additional damage to our utility system and possible future loss of service to our customers, that Scott Construction be hired to accomplish the necessary repairs immediately utilizing this initial price quotation as a basis to begin their work. A subsequent purchase order was then issued in the amount of $99,595 to that end. Funds were identified as being available in the Emergency Storm Account, CIP Account # ZEM109. This necessary emergency construction work has now been authorized, satisfactorily performed, and is being submitted to the Council for validation at this time.
Staff recommends that Council approve the waiver of bidding procedures and validate the issuance of an emergency purchase order issued to Scott Construction in the amount of $99,595 for emergency utility repairs and replacements at the B-19 Canal.
City Manager’s Comment: During the end of the May storms, it was necessary to secure the utility lines that cross the B-19 canal. We were able to contract with Scott Construction Company to stabilize and secure the raw water line. Also, we decided to place the potable water line and sewer force main under the canal rather than simply stabilizing and securing them in their former location. Long term, this was in the best interest of the City since it removes the lines from potentially being damaged by debris coming down the B-19 canal. In evaluating the damage to the banks and the surrounding area, the City was extremely fortunate that this was caught and fast action was taken by the City crews. There was the potential of all three lines collapsing into the canal. It is my recommendation that the City should place the raw water line under the canal, too. This would add more protection for the line. We will be filing for reimbursement from FEMA.
6 - Change Order No. 1 to
Purchase Order Issued to Scott Construction for Additional Work to
The City of
During the next two weeks as the work progressed and as the waters receded engineering assessments concluded that complete removal of the failed concrete armoring of the canal and slope restoration was required on the north side of the bridge. In addition, significant amounts of sediment were discovered partially blocking the twin culverts sections under the bridge. This sediment will need to be removed promptly to avoid another blockage of the drainage way. Scott was asked to provide an additional quote to perform this additional work to rehabilitate and restore the canal banks and remove the sediment under the bridge. In addition, an air release valve will need to be added by them on the force main already under construction.
An itemized quote has now been provided for performing this additional work. Public Utilities staff recommended to the City Manager, in order to protect public health and safety, and prevent additional damage to our utility system and possible future loss of service to our customers, that Scott Construction be hired to accomplish these additional work items. A subsequent change order to the original purchase order was then issued in the amount of $60,610 to that end making the revised purchase order amount $ 160,205.
Funds were identified as being available in the Emergency Storm Account, CIP Account # ZEM109. This necessary emergency construction work has now been authorized, satisfactorily performed, and is being submitted to the Council for validation at this time.
Staff recommends that Council approve the waiver of bidding procedures and approve this Change Order #1 to the emergency purchase order issued to Scott Construction in the additional amount of $ 60,610 making the total purchase order amount to date $160,205. .
Manager’s Comment: After the water receded in the B-19 canal, we found
about 4 feet of sand in the box culverts under
Attached is a draft of the Port Orange Park
Partners Information and Application packet.
The Parks and Recreation Department recommends approval of use by the
City as this will benefit the City by allowing people and organizations to
assist and be part of the care and beauty of our City parks. Staff recommends that Council approve the use
of the Port Orange Park Partners Program by the City of
For the past several weeks, the City has been reviewing and negotiating various options relating to the renewal of the City’s Health Insurance Program with Florida Health Care/Blue Cross/Blue Shield (FHC/BC/BS).
In order to take advantage of extremely favorable utilization over the past twelve months, the City requested FHC/BC/BS to provide a proposal for an early renewal beginning July 1, 2009. After some discussion, FHC/BC/BS was able to present a proposal with no increase in premium and no decrease in benefits for all three of our health plans: Select VP3 HOM Plan (base plan); Premium Plus HMO Plan; Premium Plus Triple Option.
Staff recommends accepting the proposal presented by Florida Health Case/Blue Cross/Blue Shield (FHC/BC/BS) to renew their contract for the period beginning July 1, 2009, through July 1, 2010.
Manager’s Comment: The City of
The attached Staff Reports include the Development Activity Report for May 2009 and the Building Activity Report for April, 2009. These reports provide information on proposed development and projects under construction, commercial code enforcement activity, and monthly building permits and inspection updates. Staff recommends acceptance of the reports.
During the rainstorms in May, a storm water
Manager’s Comment: This is a pipe that runs under the railroad track to
Amendment No. 3 to Bellomo-Herbert and Company’s contract with the City for the development of Coraci Park is being requested for modification of the preliminary design development, construction documents, bidding, and construction observation for the concession building with restrooms and a revision of a stairway up to the press box in the amount of $31,500. Funding for this project is available in Account 61151005726397, QPC 024. This project is following grant guidelines.
Staff recommends that Council approve the requested Amendment No. 3 to Bellomo-Herbert and Company’s contract for the Coraci Park Project for modification of preliminary design development, construction documents, bidding, and construction observation for the concession building with restrooms and revision of a stairway up to the press box in the amount of $31,500 and to authorize the Mayor and City Manager to execute all necessary contracts.
City Manager Comments: One of the grant conditions placed on the City was to construct restrooms, concessions, and a press-type box at this park. Failure to do so will result in the City having to return the money used to construct a portion of the facility. This will enable us to prepare the bid documents so we can construct the improvements.
On October 7, 2008, the Port Orange City Council approved Resolution Number 08-54 supporting the World Changers organization in the amount of $10,000 funded through the City’s CDBG and/or SHIP program, for the repair of homes of qualifying low income residents.
City staff has identified five eligible households for participation in the World Changers projects. Although exceeding the City’s original total commitment of $10,000 to World Changers’ activities, the City’s SHIP program has sufficient funds remaining to accommodate all five eligible households.
Each home selected for participation in the World Changers program has a slightly different estimated cost. Following is a listing of the addresses of the homes to be assisted and their estimated cost:
247 Leisure Circle - $4,322.00;
for a total of $17,618.00.
These amounts do not include the cost of rollaway trash dumpsters and portable toilets. The cost of the dumpsters and portable toilets will be added to each individual assistance amount prior to execution of the SHIP mortgage and note.
Staff recommends Council authorization to execute SHIP assistance loans for five (5) eligible households, each in an amount not to exceed $6,000.00, in coordination with World Changers roof replacement/exterior painting program.
A re-bid of the annual wrecker services is in the process of being completed. Outlined in the re-bid is a pre-qualification period of and for the wrecker service firms. Protests from two of the firms that were not qualified have been received and protest hearings held. During those hearings, one of the firms requested an inquiry of the City bidding procedures. Mr. Parker has forwarded the request to the State Attorney’s office. In order to give them time to review the allegation, a contract extension of three months with the most recent vendor has been requested. This contract extension will align with the City’s fiscal year. Staff recommends that council approve a contract extension with A & A Automotive and Wrecker Service for an additional three months through September 30, 2009.
City Manager’s Comment: During the protest hearing, one of the vendors made an allegation that has resulted in me asking the State Attorney and FDLE to look at the bid process. Therefore, it will be necessary for the City to extend the existing contract for up to an additional three months. This will give FDLE and State Attorney’s Office an opportunity to look into the allegation that was made and determine if further investigation is required. As soon as the State Attorney and FDLE have made a determination, I am prepared to rule on the protest hearing so the item can move forward. This would allow the City to accept bids on wrecker service.
The City Attorney has requested that we schedule a shade meeting on July 21 at 5:30 p.m. The purpose of the shade meeting is to discuss the lawsuit with Lamar Advertising.
Staff has determined the need to appropriate contingency
funds for landscape maintenance along
Staff recommends contingency funds be appropriated to fund
landscape maintenance required on
E. TABLED ITEMS
Staff recommends that this item remain on the table.
Item 17 - Second Reading – Ordinance No. 2009-9 – Amending Chapter 15, Section 8(e), of the Land Development Code Relating to Establishing Parameters for the Reconstruction of Non-Conforming Off-Site Signs Following a Catastrophe (Tabled 5/26/09)
City Manager’s Comment: This Ordinance has been advertised for second reading. The City Council tabled it. It needs to be removed from the table. It would be my recommendation to continue second reading to a time certain of July 28, 2009.
F. REPORT FROM ADVISORY BOARD
A representative of the Citizen Advisory Committee for the MPO will make a report to Council at this item.
The City’s Financial Advisor and staff have been analyzing potential refunding of Water & Sewer Revenue Bond Services 1999 and a portion of the City’s Water & Sewer State Revolving Loan Fund debt. The primary purpose of these refundings is to take advantage of the current interest rate environment and produce a savings of annual debt service cost. Until the actual closing on the new Water & Sewer Revenue Refunding Bond, Staff will not know the exact amount of the savings but currently it is estimated between 4% and 5% of the total refunded debt. Staff recommends approval.
Attached is a calculation related to Utility Energy Costs. Please see this calculation for more detail.
The attachment calculates actual energy costs for the 12 month fiscal period ending March 31, 2009. During this twelve month period, total utility energy costs amount to $2,594,254. This cost was allocated between three categories: water, sewer, and reuse. These respective costs divided by the respective gross gallon used during the same time period amounts to an energy cost of $0.58 cents; $0.79 cents; and $0.16 cents per thousand gallons of water, sewer, and reuse respectively.
Because energy costs have trended downward during this same time period, a reduction in energy costs amounted to $0.03 cents for water and sewer with no change occurring in the reuse category.
Staff will present to Council on June 23, 2009, a revised rate resolution incorporating these lower energy costs as noted.
H. COMMUNITY DEVELOPMENT
In a continuous effort to promote a more sustainable future,
the City will be reviewing the Comprehensive Plan and Land Development Code to
remove barriers and to promote “green” development practices. As part of Phase
I of the City’s Green Initiative, the City of
Planning Commission Action: The Planning Commission recommended approval, 6-0 (Commissioner McMasters excused).
Staff Recommendation: Staff recommends approval.
VCOG Smart Growth
Committee has completed a report. On
Tuesday night, I have asked Community Development to brief City Council on the
work. Also, I will provide information
related to the Committee’s work. There
are a number of items in the report which have been embraced by the City of
I. PUBLIC WORKS
The Federal Government is providing stimulus funds to road
projects that meet certain criteria.
Staff applied and was granted funding to resurface
J. PUBLIC SAFETY
Staff recommends approval.
K. COUNCIL COMMENTS
Under the recently established American Recovery and Reinvestment Act, the City is eligible to apply for $492,000 from U.S Department of Energy’s EECBG grant program.
After researching the different activities that would best benefit the community and generate the greatest energy savings, the staff intends to utilize the EECBG funds for the following:
The program supplies 100% of the project funds. Accordingly, there is no match required on behalf of the City. If you have any questions, please contact Kent Donahue.
Staff recommends that Council approve the attached resolution authorizing the City Manager to submit a U.S. Department of Energy Efficiency & Conservation Block Grant (EECBG) application and execute any agreements.
L. COUNCIL COMMENTS
At this time, Council Members may discuss various matters of concern.
M. MEETING OF THE BOARD OF DIRECTORS OF THE PORT ORANGE BUSINESS PARK PROPERTY OWNERS ASSOCIATION, INC.
I am recommending the City Council adjourn the Regular City Council Meeting and convene as the Port Orange Business Park Property Owners Association, Inc. This will be the organizational meeting. It will require election of officers and the adoption of the by laws of the Corporation.
The Articles of Incorporation for the Port Orange Business Park Property Owners Association, Inc. were filed electronically on May 29, 2009, establishing this non-profit organization to administer and enforce the business park’s covenants and restrictions. The election of officers will take place. Discussion will include adoption of the by-laws of the corporation and any current or up-coming business.
Staff recommends that Council elect officers of the corporation and adopt by-laws.