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 Commentary for Regular City Council Meeting of

                        June 16, 2009

 

Date:               June 8, 2009

 

 

 

      A.        OPENING

 

Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call

 

 

B.                 CITIZEN PARTICIPATION (Agenda)

 

Item 4 –          National Reye’s Syndrome Foundation Presentation

 

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

 

Item 5 -           Validation of Purchase Order Issue to Scott Construction for Utility Line Repairs/Replacement at the B-19 Canal/Willow Run Boulevard Caused by Recent Major Storm

 

The City of Port Orange, commencing on Wednesday, May 20th experienced a devastating rainfall event, 30” of rainfall in 5 days. A significant blockage underneath the Willow Run Bridge caused canal banks to erode and concrete armoring to give way.  Public Utility staff in an effort to save the three aerial crossings present needed to cut the metal straps that secured these pipes to the undermined concrete supports and prevent the 6 large concrete supporting structures from dragging the three major utility crossings down into the Canal.  The southernmost 16” force main had already been severely undermined at that time and it appeared that failure might be imminent.   Mark Hampton, P.E. and Brian Scott of Scott Construction, were contacted immediately for assistance while city crews continued to attempt to safe up the area around the canal as much as possible as the rains continued.  Contingency plans were prepared in the event the pipes collapsed under their own weight.  The P.U. Director immediately advised all water plant personnel to continue to monitor the utility crossings and any future erosion of the canal banks over the weekend.  The 30” raw water main, which normally provides approximately 75% of our water to the water treatment plant, remains a significant concern as well.

           

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.      

 

Item 6 -           Change Order No. 1 to Purchase Order Issued to Scott Construction for Additional Work to Restore Canal Banks and Clean Out Sediment from Under the B-19 Canal/Willow Run Boulevard Cause by Recent Major Storm

 

The City of Port Orange, commencing on Wednesday, May 20th experienced a devastating rainfall event, 30” of rainfall in 5 days. A significant blockage underneath the Willow Run Bridge caused canal banks to erode and concrete armoring to give way.  An emergency purchase order was issued to Scott Construction, in order that they might begin immediately to replace the existing 16” sewer force main and remove a 12” potable water main, both which were existing aerial crossings of the canal just north of the Willow Run Bridge. 

           

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.            .  

 

City Manager’s Comment: After the water receded in the B-19 canal, we found about 4 feet of sand in the box culverts under Willow Run Boulevard.  Also, we were able to see the damage to the banks.  This will repair the slopes on the bank of the B-19 as well as remove the sediment from the box culverts.  The sediment will be removed from the box first and then the slopes restored.  The restoration of the slope will go beyond the pedestrian bridge.  Last year, the County did erosion protection on the south side of the box culvert.  We will be applying to FEMA for reimbursement.

 

Item 7 -           Approve the Port Orange Park Partners Program Use by the City of Port Orange

 

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 Port Orange.

 

Item 8 -           Florida Health Care/Blue Cross/Blue Shield Contract Renewal Proposal

 

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.

 

City Manager’s Comment:  The City of Port Orange has been offered a 12 month extension with no increase in premium for health insurance.  We are recommending acceptance.  For those who desire to make changes or select a different plan offering, the sign ups will begin July 1. 

 

Item 9 -           Building Activity Report and Monthly Development Activity Report for April and May, 2009

 

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.

 

Item 10 -        Emergency Repairs to Drainage Pipe on Wood Street

 

During the rainstorms in May, a storm water pipe on Wood Street separated from its concrete structure and began to buckle and lift out of the ground.  This is a major drain from roadways to the retention pond on Wood Street.  Staff has obtained a quote from Progressive Contractors Inc. to make necessary emergency repairs.  As shown on the estimate attached, Progressive will furnish and install 36” storm pipe, headwall, and inlet for a cost of $57,308.  The funding source is Account No. 10810005803414, Project ZEM109.  Staff recommends approval to have Progressive Contractors Inc. make repairs to the drainage pipe and structure on Wood Street for a total cost not to exceed $57,308.

 

City Manager’s Comment: This is a pipe that runs under the railroad track to the Halifax Canal.  Literally, the pipe came out of the ground during the storm event and separated.  Warren and James Franklin both stated that they had never seen anything like this happen with drainage pipe.  This pipe runs between two mobile homes on Wood Street.  It is essential that the City repair this pipe immediately so as to protect the homes in this area.  When the pipe came out of the ground and separated, four homes were damaged by the resulting water.  That is why it is important for us to immediately make these repairs.

 

Item 11 -        Amendment No. 3 to Bellomo-Herbert and Company’s Contract with the City for Various Engineering and Landscaping Services for the Coraci Park Project

 

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.

 

Item 12 -        Authorization of SHIP Assistance Loans in Coordination with World Changers Program

 

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;

206 Gibson Way - $3,374.00;

412 Church Street - $3,189.00;

465 Wales Avenue - $3,172.00; and

208 Gibson Way $3,561.00;

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.

 

Item 13 -        Extension of the Wrecker Service Contract with A & A

 

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.

 

Item 14 -        Request for Special Council Meeting to Discuss Pending Litigation Pursuant to Section 286.011(8), Florida Statutes

 

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.

 

Item 15 -        Approval to Appropriate Contingency Funds to Add Coraci Boulevard and New Fire Station to Landscape Maintenance Contracts with Tif-Jen, Inc., and Glencoe Lawns, Inc.

 

Staff has determined the need to appropriate contingency funds for landscape maintenance along Coraci Boulevard and at the new Fire Station on Town West Boulevard.  As shown on the commentary attached, total annual cost to maintain the Fire Station under Tif-Jen’s contract, which includes mowing, trimming, pruning, weeding, mulch, and spray treatments, is $17,211.  Tif-Jen will also maintain the landscaped medians along Coraci Boulevard (same services) for a total annual cost of $11,517.  Total annual cost to maintain Coraci Boulevard right-of-way, under Glencoe’s contract (mow only) is $1,753.20.  Areas soon to be added (the new Police Department and Williamson Industrial Park) will also need funds appropriated. 

 

Staff recommends contingency funds be appropriated to fund landscape maintenance required on Coraci Boulevard and the new Fire Station as follows:  Change Order No. 1 to the landscape contract with Tif-Jen Inc. for the amount of $11,290 and Change Order No. 1 to the landscape contract with Glencoe Lawns Inc. for the amount of $584.40.

 

 

E.                 TABLED ITEMS

 

Item 16 -        Second Reading – Ordinance No. 2009-4 – Repeal Ordinance No. 2008-19 – Small Scale Land Use Amendment – Summit Golf Center (Tabled 4/28/09)

 

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

 

Item 18 -        Citizen Advisory Committee for MPO

 

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

 

 

G.                FINANCE

 

Item 19 -        First Reading – Ordinance No. 2009-11 - Authorization and Issuance of Water and Sewer Revenue Bonds, Series 2009

 

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.

 

Second Reading:   July 21, 2009

 

 

Item 20 -        Discussion Relating to Energy Cost Modifications on July 1, 2009

 

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

 

Item 21 -        First Reading – Ordinance No. 2009-12 - Amending Chapters 2, 7, and 16 of the Land Development Code Regarding Green Building and Rain Barrels

 

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 Port Orange, applicant, requests approval of amendments to the Land Development Code (LDC), related to 1) a certification-based green building program with incentives and 2) rain barrels. Included are text amendments to Chapter 2, Chapter 7, and Chapter 16 to incorporate new definitions, establish the Green Building Program, and establish special setbacks for rain barrels. If approved, the subject amendments will create procedures and incentives for the implementation of green building practices and recognize rain barrels as allowable accessory structures. Future phases may include topics such as community gardens, wind turbines, rain gardens, pervious pavement, and green roofs.

 

 

Planning Commission Action:   The Planning Commission recommended approval, 6-0 (Commissioner McMasters excused).

 

Staff Recommendation:   Staff recommends approval.

 

Second Reading:   July 28, 2009

 

Item 22 –       Update – VCOG Smart Growth Report

 

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 Port Orange already.  Overall, the report is very good.  It provides some good tools for us to use in the future.

 

 

I.                     PUBLIC WORKS

 

Item 23 -        Resolution No. 09-39 - Use of Stimulus Funds to Resurface Canalview Boulevard

 

The Federal Government is providing stimulus funds to road projects that meet certain criteria.  Staff applied and was granted funding to resurface Canalview Boulevard.  The resolution attached is required in order to obtain the funds.  Staff recommends approval of the attached resolution in order to obtain stimulus funds to resurface Canalview Boulevard.

 

 

J.                  PUBLIC SAFETY

 

Item 24 -        Second Reading – Ordinance No. 2009-10 – Wrecker Service Agreement

 

Staff recommends approval.

 

K.                 COUNCIL COMMENTS

 

Item 25 -        Resolution No. 09-40 - Energy Efficiency & Conservation Block Grant 

 

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:

 

  • Solar Panels to power 3 to 4 water wells on the Wellfield property.
  • Re-lamping of the light fixtures at the Cypress Head Clubhouse.
  • Replacing AC units at City facilities.

 

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

 

Item 26 -        Comments/Concerns from Council Members

 

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. 

 

 

Item 1 -           Organization Meeting of the Board of Directors of the Port Orange Business Park Property Owners Association, Inc.

 

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.

 

 

 

 

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