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

October 20, 2009


Date:               October 12, 2009



A.        OPENING


Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call





  Item 4 -           Proclamation – Halifax Sport Fishing Club


Attached is a proclamation recognizing the Halifax Sport Fishing Club for their many contributions to Port Orange over the past 20 years.



C.                CITIZEN PARTICIPATION (Non-Agenda)

D.                CONSENT AGENDA


Item 5 -           Request Use of City Owned and Managed Lands by the Daytona Dirt Riders Association for the 2010 Alligator Enduro Event


Since the late 1980’s, the City has granted the use of the wellfield property to the Daytona Dirt Riders Association for an off-road motorcycle event known as the “Alligator Enduro.”  This event takes place during March of each year during “Bike Week.”  Access to the property is limited to weekends for a short time prior to the event for set up, through the first full week of March 2010, or the end of “Bike Week.”  Charitable donations are made to various local organizations with proceeds from the event.  This year, the Daytona Dirt Riders Association was once again able to make a donation to the Port Orange Police Athletic League from a portion of the proceeds of the event.


City permission will include the use of jointly owned and managed properties, in conjunction with County special use permits.  The terms and conditions regarding insurance, pre-event coordination, set-up, clean up, damage restoration, and other specifics are included in the agreements/permits and are consistent with previous years.


Staff recommends that Council approve use of wellfield property by the Daytona Dirt Riders for an off-road motorcycle event known as the “Alligator Enduro” and to authorize the Mayor and City Manager to execute agreements and/or special use permits.  Terms and conditions of the special use permits and/or agreements are contingent upon approval by the City Attorney.


City Manager’s Comments: The City of Port Orange has allowed the Daytona Dirt Riders to use the City property for the Alligator Enduro for a number of years.  They have been extremely good to work with.  They have protected our property.  We are recommending that they be allowed to use the wellfield property during Bike Week 2010.


Item 6 -           Bid Award – Atlantic Avenue Water Main Relocation


The Florida Department of Transportation is currently planning to re-pave A1A from Ridgewood Avenue eastward across the Dunlawton Causeway and then northward through Daytona Beach Shores along South Atlantic Avenue early next year. We currently have a brief window of opportunity to upgrade and replace this 30 year old undersized water main through this intensely saturated intersection and utility corridor prior to this re-paving. This utility work needs to be undertaken immediately and completed within the next few months in order that we will not hold up the FDOT A1A Repaving Project scheduled to begin in March / April of 2010.  This proposed waterline relocation is a portion of the much larger South Atlantic Avenue Utility Relocation Project that is currently under design and which will relocate utilities southward along South Atlantic Avenue with the anticipated Daytona Beach Shores A1A widening / beautification project, which is tentatively scheduled to commence later in this fiscal year.


The project before you today will provide for a 12” potable water line along the eastern most side, northbound lane of Atlantic Avenue from Dunlawton Avenue southward to Raymond Avenue. It will also include a 12” directional drill crossing of A1A at Raymond Avenue.  It was designed, permitted, and placed out for bid during the past two short months. Our consultants, Quentin L. Hampton Associates, in consultation with city staff, prepared construction documents, etc., to replace the existing 6” water mains and acquired cooperation from the FDOT and Volusia County staff to fast track the permitting for this project.


Bids for construction of this waterline were publicly advertised.  A required pre-bid meeting on September 22 found four local contractors in attendance.  Three competitive bids were publicly opened on October 6, 2009. After evaluation of the three competitive bids received, we have determined that Masci Construction is the lowest responsive bidder.  We request your approval in awarding this contract to Masci Construction in the amount of $169,805 at this time.  This will allow for all of the necessary water main relocations to be completed in a timely manner.  Funding for this project is currently available in the South Atlantic Avenue Utility Relocation Project, CIP – No. URL–009.


Staff recommends that Council approve the bid award for the Atlantic Avenue Water Main Relocation Project, B-09-27,  to Masci Construction, in the amount of $169,805 and to authorize the Mayor and City Manager to sign and execute all required contract documents. 


Item 7 -           Contract Extension for Bid No. B09-04 Water Service Replacement 2009


By their action on January 27, 2009, the City Council awarded Bid No. B09-04 Water Service Replacement 2009, in the initial amount of $178,540 to R.A. Scott Construction for the replacement of 290 potable water service lines in the Brandy Hills, Cypress Cove, and Riverwood Phase II subdivisions.


In FY 2010, field operations and administrative personnel are recommending the replacement of potable water service lines in the vicinity of Pine Forest Trail and Hunt Club Trail as well as the replacement of reclaimed water line services in the Azalea Pointe subdivision.  These locations are identified in the City’s approved Capital Improvement Program.       


Per the terms of the initial agreement, and by mutual consent of the City and the contractor, the contract and its unit prices may be extended for 1-year for additional work scheduled during FY 2010.  Based on the scope of work and original unit prices, R.A. Scott Construction has provided a proposal in the amount $66,801.04.  The contractor will be responsible for furnishing all labor, equipment, tools, services, and incidentals to complete all work as specified in the original bid documents. Our engineering consultant, Quentin L. Hampton (QLH), has evaluated the proposal and unit prices. They have determined the prices in R.A. Scott Construction’s proposal are found to be fair and representative of current industry standards, based upon the site-specific characteristics.


Construction funding is available in the Water System Replacement project URP001 under account number 42108005336397.  Staff recommends Council approve the contract with R.A. Scott Construction at this time.


Staff recommends that Council approve a one year contract extension for Water Service Replacement project, Bid No. B09-04, to the firm of R. A. Scott Construction in an amount of $66,801.04 and to authorize the Mayor and City Manager to sign and execute all required contract documents, as necessary.   


Item 8 -           Special Event Request – Port Orange/South Daytona Rotary Club


The Port Orange/South Daytona Rotary Club is requesting a Special Event permit to present their annual Christmas tree sale.  The requested dates for the sale are November 24 through December 26, 2009 for a total of thirty-two (32) days.  The requested times for the sale are from 8:00 a.m. until 10:00 p.m., daily.  The sale is proposed for the grassy area between the former K-Mart store and Dunlawton Avenue at the Dunlawton Square Shopping Center.  One double-sided 4’ x 8’ sign has also been requested for the event and an application has been submitted.  This is the 3rd event requested for the K-Mart property in 2009, and their total amount of Special Event days will be consumed with this event.  Please note that this request qualifies as a Minor Special Event but needs City Council approval due to the requested length of time for the event.


Staff recommends that Council approve the Special Event request for The Port Orange/South Daytona Rotary Club to be held at the former K-Mart store in the Dunlawton Square Shopping Center, subject to fifteen (15) conditions outlined in the attached staff report.


Item 9 -           Bid Award – Annual Usage of Assorted T-Shirts – Adwear & Specialty


Re-bids for the City’s annual usage of assorted t-shirts were received.  Six (6) bids were received and one no bid.  The low bid was received from Adwear & Specialty of Texas.  References both in Texas and outside of that state were checked as well as samples of their work.  Hats and shirts were shipped in one day and met the City’s specifications.  Staff, being satisfied, recommends that this bid be awarded to them for their bid as was submitted per attached bid tabulation.


Staff recommends that Council approve the bid submitted by Adwear & Specialty of Texas for the annual usage of assorted t-shirts.



Item 10 -        Addendum No. 4 to the Continuing Engineering Contract with Kimley-Horn Associates for a Feasibility Study for Bike/pedestrian Paths on SR421 Between Taylor Branch Road and Williamson Boulevard


This study is part of the previously approved Transportation Improvements Cost Allocation Agreement between the Pavilion at Port Orange, the City of Port Orange, Volusia County and the Florida Department of Transportation and is necessary to determine if a bike/pedestrian corridor including under-deck lighting can be constructed along one or both sides of SR 421 at the I-95 overpass at a reasonable cost.


Funding for this project is in Account No. 306-4300-541.63-00, Project No. PNC009


Staff recommends that Council award Addendum No. 4 to the Engineering Contract for the Bike/Pedestrian Feasibility Study on SR421 between Taylor Branch Road and Williamson Boulevard to Kimley-Horn and Associates in the amount of $14,700.00 and authorize the Mayor and City Manager to sign the contract documents.


City Manager’s Comments: When the Pavilion DRI came through, they were required to pay certain fees.  A portion of those fees was designated for additional improvements along Dunlawton Avenue.  FDOT has requested that a study be conducted to look at the bike/pedestrian feasibility under I-95.  When we made the original lane improvements under I-95, the pedestrian/bike path improvements were removed from the original contract.  As the City Council may recall, it would have required going behind the concrete piers and cutting away some of the fill and constructing a retaining wall so that a sidewalk could be constructed.  Those items were removed from the bid because of the expense.  Now, with the DRI funds in place, FDOT desires for us to do a feasibility report to determine whether it is cost feasible to construct the improvements.


Item 11 -        Approval to Amend Vendor Name on Lake Contract from Aquatic Weed Technology to Clarke Aquatic Services


The City’s lake company, Aquatic Weed Technology, has changed their name to Clarke Aquatic Services.  Nothing has changed other than the name.  The personnel, services provided, Federal ID number, etc., will all remain the same.  There is no change in the service level or conditions of the lake contract as originally awarded.


Staff recommends Council approval to amend vendor name on the lake contract from Aquatic Weed Technology to Clarke Aquatic Services.



Item 12 -        Building Activity Report and Monthly Development Activity Report for August and September, 2009


The attached Staff Reports include the Development Activity Report for September, 2009, and the Building Activity Report for August, 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 that Council accept the Staff Reports (Building Activity Report and Monthly Development Activity Report) for August and September, 2009.


Item 13 -        Purchase of Generators Under “Piggyback” of City of Melbourne Bid No. ITB 02-016-2006


Dependable auxiliary emergency generators are an absolutely essential necessity in order for the City of Port Orange to reliably provide potable drinking water service to its citizens.  Recognizing the need to replace aging infrastructure, the CIP programmed replacement of three generators:  a 175kW unit installed in 1978 at the Peninsula Pump Station, a 175kW unit serving the Oceans Pump Station since 1982, and a 125kW unit installed in 1981 in the Eastern Wellfield along Richel Road.   


The City of Melbourne has indicated their willingness to allow piggybacking of their generator bid, and Florida Detroit Diesel/Allison has indicated their willingness to honor the same prices.  Therefore, staff is requesting permission to piggyback the referenced bid in order to expedite the manufacture of three generators.  This will enable the City to have the generators replaced prior to the 2010 hurricane season. 


With respect to the existing units, Public Utilities discussed its project with Public Works.  At present, Public Works plans to evaluate refurbishing each of the aging generators and may possibly trailer-mount them for ready transport as part of City-wide emergency preparedness.           

The Public Utilities Department planned for this project in the FY10 CIP.  Furthermore, bondholder covenants mandate that a minimum of 5% of operating revenues must be directed to the 403 fund for the specific purpose of maintaining the existing system infrastructure.  This specific project will help meet the requirements of those covenants.  Funds for this purchase are available in Water Plant Improvements WWP003, Account No. 40302005336397. 


Staff recommends that Council approve a purchase order to Florida Detroit Diesel-Allison Company, Inc., in the amount of $117,858 for manufacture and delivery of three generators under terms from a “piggy-back” of Melbourne Bid No. ITB 02-016-0-2006.


Item 14 -        Proposed Encroachment Agreement with Florida Gas Transmission Company at Coraci Park


The second phase of Coraci Sports Park includes, among other improvements, the installation of a 2 inch sanitary force main and an 8 foot wide concrete sidewalk that will impact the natural gas line near the southerly boundary of the park.  Construction of the sidewalk will provide pedestrian connection from the Coquina Cove Subdivision to the south and will meander within and along approximately 1500 feet +/- of the 30 foot wide pipeline easement that lies along the westerly side of the park and ball fields.


Florida Gas Transmission Company’s staff has reviewed the relevant portions of the approved site plan and preliminarily approves the construction of these improvements within the gas pipeline easement, subject to the City entering into the proposed encroachment agreement.


City Staff presented a similar encroachment agreement to Council in January, 2009, for fill and grade work performed with the first phase of construction at Coraci Park. 


Staff has reviewed the encroachment agreement document and recommends approval.


Staff recommends that Council approve and authorize the Mayor and City Manager to execute the Encroachment Agreement with Florida Gas Transmission Company for improvements at Coraci Park.


Item 15 -        Contract Extension for Transportation Engineering Services with Kimley-Horn & Associates, Inc.


City Council approved the contract for Transportation Engineering Services with Kimley-Horn & Associates, which was for two (2) years and an option for renewal for two (2) years at the same prices, terms, and conditions if mutually agreeable. This is that extension.   Both parties are in agreement; therefore, staff is recommending that City Council approve the extension for a two (2) year period of time. Funding for the contract is budgeted in the Community Development Department’s operating budget Account No. 001-1900-515-3113.


Staff recommends that the City Council approve the contract extension with Kimley-Horn & Associates Inc. for a two (2) year period of time at the same prices, terms, and conditions as the original contact.



Item 16 -        “Piggyback” Polk County School Board Bid 061-MHH-0306 for Athletic Turf Horticultural Service


Polk County School Board has a bid for Athletic Turf Horticultural Services to TruGreen Service.  TruGreen has been the service provider for our athletic turf for several years.  City staff would like to “piggyback” Polk County School Board’s bid for apportion of those services (the spraying for insects and weed control).  TruGreen has agreed to allow the City to “piggyback” and to the limited portion of this service.  City Staff will perform the fertilization along with a few other items themselves.  The square footage which will b ecovered for the City is 1,656,398, which, when applied to the scope of service, translated to a cost of $.0285 per year or $28.50 per year per thousand square feet.  The City’s cost is $47,207.34 per year.  Funding for this service is budgeted in 001-4400-572-3414.


Staff recommends that Council approve the “piggyback” of Polk County School Board’s Bid No. 061-MHH-0306 for Athletic Turf Horticultural Service to TruGreen Services Inc.



E.                 TABLED ITEMS


Item 17 -        Second Reading – Ordinance No. 2009-4 – Repeal Ordinance No. 2008-19 Small Scale Future Land Use Amendment – Summit Golf Center (Tabled 4/28/09; Re-tabled 7/28/09; Re-tabled 10/6/09)


We are requesting this item remain on the table.





Item 18 -        First Reading – Ordinance No. 2009-21  - Amending Land Development Code Relating to Level of Service Standards for Chapter 4


The Volusia County Metropolitan Planning Organization adopted Transportation Impact Assessment Guidelines in 2007 to create a uniform methodology for assessing traffic impacts between jurisdictions. The MPO also passed a Resolution requiring local governments to adopt the Guidelines by November 2009 to retain transportation projects in the Transportation Improvement Program and Long Range Transportation Plan. The proposed amendments to Chapter 4 and Chapter 21 will adopt the MPO Guidelines by reference and implement level of service changes previously approved with recent Comprehensive Plan amendments. The proposed amendments also include guidelines used by state agencies when evaluating comprehensive plan amendments.  The Planning Commission reviewed and recommended approval of the proposed amendments at its August 27th meeting. Please see the attached staff report for additional information. The second reading will need to be held on October 27th to meet the MPO’s November deadline for adoption.


Staff recommends that Council approve the attached ordinance amending Chapter 4 and Chapter 21of the Land Development Code, as recommended by the Planning Commission.


Second Reading:               October 27, 2009

Item 19 -        Resolution No. 09-86 - Proposed Utility Easement Vacations – Harbordale Subdivision, Part of Lot 4, Lot 5, and Lot 6 (5454 and 5468 Ridgewood Avenue)

The Community Development Department has received a request to vacate Utility Easements located on a part of Lot 4, Lot 5, and Lot 6 of the Harbordale Subdivision. The subject easements were originally written to cover the entire parcels except for where buildings were located for a sanitary sewer pump and service line that are no longer functional. The property owner has made this request in connection with a desire to clear title to the land for a proposed property sale.


The easement vacation application and legal descriptions have been reviewed for completeness and accuracy. The area has been inspected with respect to the existence of utility improvements, City Codes, and possible effects to adjacent properties. There are no currently planned drainage or utility improvements proposed for this area. The easements may be vacated, as described in the attached Exhibit “A” and Exhibit “B”, to the extent that they are not being used.


Staff recommends that Council approve the attached resolution vacating Utility Easements located on part of Lot 4, Lot 5, and Lot 6 of the Harbordale Subdivision, per the attached legal descriptions.


Item 20 -        Floodplain Management Report


The attached annual Floodplain Management Report is provided to Council in accordance with the requirements of the National Flood Insurance Program’s Community Rating System.


This report provides a description of the improvements made to the Cambridge Canal Basin to eliminate future flooding and the City’s plan to eliminate repetitive loss properties from that basin as well as other areas of the City.  The report also includes the Nova Canal Flood Control and Integrated Water Resources Program that will address the May 2009 flooding and develop methods to reduce flood impacts from similar events.


This item is for information purposes only.  No motion is required.


G.                PUBLIC WORKS


Item 21 -        First Reading – Ordinance No. 2009-22  - Release of Non-Exclusive Roll-Off Franchise (Waste Management Services)


Waste Management Services has requested that they be released from their non-exclusive roll-off franchise for the upcoming fiscal year for strictly a “business reason.”  Staff recommends approval.


Second Reading:   November 3, 2009



H.                 PUBLIC UTILITIES


Item 22 -        Resolution No. 09-87 - Reconsideration of Sale of Parcel 109 to FDOT as Required for Interstate 4 Widening Project


Previously on September 1, 2009, City Council approved the sale of parcel 109 to FDOT as part of a planned future 6-laning of I-4 between SR44 and I-95, with construction currently scheduled for 2036.  Subsequently, FDOT realized that its own staff had placed four errant conditions on the contract sale documents. FDOT then asked the City to remove the conditions from the final contract sale documents. 


While City staff agreed that the conditions were unnecessary to protect the City’s interests, the City Attorney’s office deemed removal of the conditions to be a substantial deviation.  As such, the City Attorney’s office directed staff to formally solicit Council’s reconsideration of the sale.  


Staff recommends approval of the sale per the terms of the agreement.  Sale must be recorded as sale of fixed asset revenue. 


Staff recommends that Council approve the attached resolution authorizing the sale to FDOT of 13.476 acres of land, in an amount of $67,750 for land and $9,250 for mineral rights interests, for a total purchase price of $77,000, and authorizing the Mayor and City Manager to execute the associated contract documents.



I.                     PUBLIC SAFETY


Item 23 -        Zimek Business Plan


Attached is the business plan for the Zimek.  As you recall, this is the disinfectant machine that the City Council authorized last year.  Included in the business plan is the proposed fee schedule.  We believe this is an opportunity to recover the cost of the machine, disinfectants that are used in the process, personnel cost, as well as administrative cost.  Annually, we will provide the City Council with an update on the number of internal times the machine was used as well as the number of times the equipment was used inside the City and outside the City and the amount of funds generated. 



J.                  ADMINISTRATION


Item 24 -        Resolution No. 09-88 - Recognizing the Week of October 18 as Florida Government Week


Attached is a resolution as requested by the Florida League of Cities recognizing the week of October 18 as Florida Government Week.



K.                 COUNCIL COMMENTS


Item 25 -        Comments/Concerns from Council Members


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