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
Item 1 - Pledge of Allegiance
Item 2 - Silent Invocation
Item 3 - Roll Call
B. SPECIAL RECOGNITION AND PROCLAMATION
is a proclamation recognizing the Halifax Sport Fishing Club for their many
C. CITIZEN PARTICIPATION (Non-Agenda)
D. CONSENT AGENDA
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
The Florida Department of Transportation is currently planning to
re-pave A1A from
The project before you today will provide for a 12” potable water line
along the eastern most side, northbound lane of
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.
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 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.
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
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
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
recommends that Council approve the bid submitted by Adwear
& Specialty of
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
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.
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.
Dependable auxiliary emergency generators are
an absolutely essential necessity in order for the City of
The City of
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.
second phase of
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.
Staff presented a similar encroachment agreement to Council in January, 2009,
for fill and grade work performed with the first phase of construction at
Staff has reviewed the encroachment agreement document and recommends approval.
recommends that Council approve and authorize the Mayor and City Manager to
execute the Encroachment Agreement with Florida Gas Transmission Company for
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.
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
We are requesting this item remain on the table.
F. COMMUNITY DEVELOPMENT
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.
The Community Development Department
has received a request to vacate Utility Easements located on a part of Lot 4,
Lot 5, and
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.
recommends that Council approve the attached resolution vacating Utility
Easements located on part of Lot 4, Lot 5, and
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
This item is for information purposes only. No motion is required.
G. PUBLIC WORKS
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.
H. PUBLIC UTILITIES
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
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
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.
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
At this time, Council Members may discuss various matters of concern.