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

                        December 1, 2009

 

Date:               November 23, 2009

 

 

A.                 OPENING

 

Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call

 

B.                 SPECIAL REPORT

 

Item 4 -           Presentation of Annual Investment Performance by Public Financial Management, Inc.

 

Each year, the City’s Investment Firm, PFM Asset Management, LLC prepares an annual report that portrays the City’s investment performance for the past fiscal year to the City Council.  A copy of this report is attached.  A representative of PFM will be present to review this report with City Council and to respond to any questions.

 

City Manager’a Comments:  Annually, Public Financial Management, Inc., is required to make a report to the City Council on the performance of our investment portfolio.  PFM has done extremely well in helping the City manage its investments. 

C.                CITIZEN PARTICIPATION (Agenda)

 

Item 5 -           Overview of the 2009 Events Offered by Port Orange Family Days Community Trust

 

The Port Orange Family Days Community Trust would like to present an overview of their events from 2009 to the Mayor and Members of the City Council.

 

City Manager’s Comments:  Susan Lovallo and I met with the members of the Port Orange Community Trust recently.  We discussed a variety of issues, all designed to make the event better.  On Tuesday evening, they will be making their annual report to the City Council. 

 

 

D.                CITIZEN PARTICIPATION (Non-Agenda)

E.                 CONSENT AGENDA

 

Item 6 -           Approval of Minutes

 

Attached are the minutes of the following meetings:

 

a.                  October 6, 2009 – Regular City Council Meeting

b.                  October 20, 2009 – Regular City Council Meeting

c.                  October 27, 2009 – Regular City Council Meeting

 

Staff recommends approval of the minutes.

 

Item 7 -           Update on Construction Reports

 

Attached is the report on Construction Projects.  If you have questions, please contact any of the Project Managers or me.

 

Item 8 -           Update on Recreational Facilities

 

Attached is the report from Parks and Recreation.  If you have questions, please contact Susan Lovallo or me.

 

Item 9 -           Road Construction Report

 

Attached is the report from Public Works.  If you have questions, please contact either Warren Pike or me.

 

Item 10 -        Addendum No. 25 to Contract with Quentin L. Hampton Associates, Inc. – Spruce Creek Estates Drainage Improvements

 

Quentin L. Hampton Associates, Inc., has submitted Addendum No. 25 to their contract and a proposal for engineering fees for the design and permit phase for Spruce Creek Estates drainage improvements and, as shown on the attached, fees should not exceed $42,132.  Engineering fees for this phase include design, permits, surveys, biological, and geotechnical consulting fees.  This does not include engineering fees associated with the bid and construction phase.  Funds are available in Account No. 412118005416397, Project No. DIP046.

 

Staff recommends that Council approve Addendum No. 25 to the contract with Quentin L. Hampton Associates, Inc., for design and permit phase for the Spruce Creek Estates drainage improvements for a total cost not to exceed $42,132.

 

Item 11 -        Naming of the Newly Built Dog Park to Seemor Memorial Dog Park

 

Mr. David Dixon approached the Parks and Recreation Advisory Board with a request to name the dog park after his deceased Labrador guide dog, Seemor.  Seemor was a constant companion for 10 years and was well known as he traveled with Mr. Dixon to various meetings, vacationing, and being a great advocate for the disabled.  It is the recommendation from staff to name the park “Seemor Memorial Dog Park.”

 

Item 12 -        Proposed Public Improvements Agreement – Dollar General – 5420 South Ridgewood Avenue

 

Niver ST DG, LLC, the property owner and the developer of the Dollar General proposed at 5420 S. Ridgewood Avenue, has provided a Public Improvements Agreement for proposed off-site public paving and drainage improvements in the Niver Street and Dubois Avenue right-of-ways and for a proposed on-site public sewer main improvement. The agreement requires a 110% payment and performance bond, that the improvements be completed and accepted within one year from the Development Permit issuance date, and that an acceptable one-year 10% maintenance bond for the improvements will be provided prior to final acceptance of the public improvements and the issuance of a certificate of occupancy for that Dollar General store.

 

The previously approved and recorded public improvement agreement for the proposed development was not properly executed and recorded as per the conditions of its approval, and the property ownership has changed since that time.

 

Staff recommends that Council approve the Public Improvements Agreement for Dollar General.

 

F.                 TABLED ITEMS

 

Item 13 -        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)

 

Staff recommends that this item remain on the table.

 

 

G.                PUBLIC WORKS

 

Item 14 -        Resolution No. 09-102 - Implementation Strategy for Drainage Improvements on Elliott Property

 

Pursuant to City Council’s request, this resolution has been re-drafted to provide for the implementation strategy for the drainage facilities.  Staff recommends that Council approve the attached resolution ratifying the contract for sale and purchase of the S. Elliott property.

 

City Manager’s Comments:  The City Council agreed to purchase the property at the first meeting in November.  There was a motion made to incorporate certain items into the Resolution.  Also, we found one item in the Resolution that did not reflect the City’s intent.  This Resolution incorporates the changes the City Council made and removes the word “industrial” from the Resolution.  It makes it clear that the City’s intent is to use the property for stormwater management purposes.  If adopted, the property would be posted and would not be available for public use or access.  It would be simply used for stormwater purposes. For the City Council’s information, from the research that the City staff has done, it appears that the property is properly zoned for open space and park land.

 

Currently, the City is performing its due diligence on the property.  Earlier on the agenda is a contract with Quentin L. Hampton Associates.  This was a change order to the contract for the drainage design work that is associated with Spruce Creek Estates.  All of the issues related to environmental, archeological studies, and permitting are being fully examined before closing.

 

Item 15 -        Resolution No. 09-103 - Implementation Strategy for Drainage Improvements on Smith Property

 

Pursuant to City Council’s request, this resolution has been re-drafted to provide for the implementation strategy for the drainage facilities.  Staff recommends that Council approve the attached resolution ratifying the contract for sale and purchase of the W. Smith property.

 

City Manager’s Comments:  The City Council agreed to purchase the property at the first meeting in November.  There was a motion made to incorporate certain items into the Resolution.  Also, we found one item in the Resolution that did not reflect the City’s intent.  This Resolution removes the word “industrial” from the Resolution.  It was never the City’s intent for the property to be used for industrial purposes.  This Resolution makes it clear that it is the City’s intent to use the property for stormwater management.  If adopted this property would be posted and would not be available for public use or access. 

 

 

H.                 ADMINISTRATION

 

Item 16 -        Resolution No. 09-104  - Energy Efficiency and Conservation Block Grant Topic 2 General Innovation Funds – Harmonious Pump & Flow Management System

 

The American Recovery and Reinvestment Act provides an opportunity to seek grant funds from the US Dept. of Energy under their competitive Topic 2 EECBG grant program.  The City seeks $1,600,000 from the grant program to acquire and install a Harmonious Pump & Flow Management System to the Public Utilities Department’s approximate 105 lift stations.

 

The management system utilizes a Supervisory Control and Data Acquisition (SCADA) to coordinate the system-wide operation of lift stations.  Doing so increases our control and ability to manage the highs and lows of the system by reducing force main pressures and equalizing flows into the wastewater treatment plant.  The result is an increase in operation and control and a reduction in energy costs (24% run time reduction & 39% electric costs savings).  We are hopeful that this improved pump station management tool will also serve to extend the life and diminish of maintenance through effectively limiting the pump run times and thereby improving their operating efficiencies.  We currently understand that this program may supply 100% of the project funds.  Accordingly, there is no match required on behalf of the City. 

 

Staff recommends that Council approve the attached resolution authorizing the City Manager to submit a U.S. Dept. of Energy Efficiency & Conservation Block Grant (EECBG) application and execute any agreements.

 

City Manager’s Comments: This is a competitive grant.  If we are able to obtain the grant funds, it will not require any match from the City of Port Orange.  We believe that we have an excellent project that will create savings in electrical use and allow the City to operate its pumps more efficiently. 

 

Item 17 -        Discussion and Direction to City Staff Regarding Innoprise Amendment to Contract

 

The attached documents are drafts and re-drafts between Innoprise and the City of Port Orange relating to the Amendment to Contract.  The documents have been highlighted to identify additions and deletions by each of the parties.

 

Staff recommends that Council reject the Innoprise Addendum of October 15, 2009, and to authorize the City Manager and City Attorney to proceed with all available legal remedies. 

 

City Manager’s Comments:  You have received information from staff related to this item.  We have included the latest versions of the contract proposals that have been submitted by the City to Innoprise and their revisions.  From a staff standpoint, the revisions submitted by Innoprise do not meet the requirements agreed to by Innoprise and the City Council. 

 

Item 18 -        City Manager’s Evaluation

 

Each December, Council evaluates the City Manager’s performance.  Attached are materials to assist you in your evaluation process.

 

 

I.          COUNCIL COMMENTS

 

Item 19 -        Comments/Concerns from Council Members

 

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

 

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