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

                        February 23, 2010


Date:               February 16, 2010



A.                 OPENING


Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call





Item 4 -           Recognition of Student Government Day Participants


At this time, Council will recognize the students from Atlantic High School who participated in Student Government Day.


City Manager’s Comments:  We have been involved in Student Government Day Projects for several years.  We started many years ago with 9th grade students from Silver Sands.  When the 9th grade moved to the High School, we continued our involvement with the students.  The students who were involved this year from Atlantic High School are part of the Law and Government Academy.  We enjoyed working with them.

C.                CITIZEN PARTICIPATION (Non-Agenda)

D.                CONSENT AGENDA


Item 5 -           Project Managers Report


Attached is the Project Managers Report.  If you have questions, please contact any of the Project Managers or me.


Item 6 -           Bid Award – Veterans Park Renovation


Sixteen bids were received for the above-referenced project.  The lowest bid, which was received from Saboungi Construction in the amount of $157,733.85, was incomplete in its paperwork, leaving staff unable to evaluate their subs; therefore, staff deemed the bid as non-responsive.  The second lowest base bid was received from A. G. Pifer in the amount of $159,214.42.  All paperwork was submitted and was in order.  A. G. Pifer has successfully completed projects for the City previously, and all references were checked and results came back satisfactorily.  Staff recommends that Council award the bid for the Veterans Park Renovation to A. G. Pifer for their base bid as was submitted in the amount of $159,214.42.


City Manager’s Comments:  As you remember, the funding for the Veterans Park project comes from the sale of property several years ago on South Williamson Boulevard.  When the County decided to widen South Williamson and take the area where these funds were going to be used to beautify and turn it into a retention pond, I made the recommendation that the funds be used for Veterans Park. 


Already, the City has received funds from a number of residents who want to plant trees in this area in memory of a veteran.  We are providing an opportunity for individuals to have names of veterans engraved on pavers that will be installed in the renovated plaza.  This will be a fitting tribute to the men and women who have served our nation in the military.  For the City Council’s information, we have included the funds for the 13 donated trees as a revenue for the project.  We have not included any revenue that may come in from the sale of the pavers in the budget.


A question has been raised about the entry arch feature off of the circle.  This item was bid as an alternative since it appeared that we would not have enough money to build the complete project as designed.  Staff recommendation is based upon the base bid only because that is all the money the City has budgeted for the project.  However, should the City Council determine to award the contract based upon the base bid and the alternative, the bid order changes.  No longer is A.G. Pifer the low bid.  The low bidder would be Shoemaker.


It continues to be the City staff’s recommendation to award the bid based upon the base bid. 


Item 7 -           Electrical Services for Softball Field at Coraci Park


The DBEJATC has requested a lease extension of the facility at 790 Commonwealth Blvd. and has offered to provide labor, conduit, and wire for the Musco Lights at the softball field at Coraci Sports Park in lieu of a lease payment in the amount of $50,988.  This is a sole source item for this one particular bid only.  A separate lease agreement will be brought forward to the City Council incorporating this consideration for approval.  In order to keep the project on schedule, staff recommends that Council approve the attached in-kind services from DBEJATC contingent upon approval of the lease extension agreement.


Staff recommends that Council waive the City’s bid procedures and accept electrical services (related to labor and installation of conduit and wires for the Musco lighting) at Coraci Sports Park from the Daytona Beach Electrical Joint Apprenticeship and Training Committee (DBEJATC) in the amount of $50,988 as in-kind service in lieu of payment for 790 Commonwealth Blvd.


City Manager’s Comment: Some years ago, the Daytona Beach Electrical Joint Training Committee approached the City about placing their headquarters building on a parcel of City-owned land.  As part of the agreement, the Committee agreed to provide labor to the City on projects that would be equivalent to their land lease.  The City has identified a project where they can perform certain functions to meet the responsibilities of their agreement with the City.  We are recommending that the City Council waive the bid requirement and accept the proposal from the DBEJTC to provide electrical services related to labor and installation of conduit and wires for the lighting at the new ball field at Coraci Park.


Item 8 -           “Piggyback” of Miller Pipeline Contract with Manatee County, Florida, for Sewer System Rehabilitation Work at the Dunlawton Avenue 30” Gravity Sewer Collector System


Miller Pipeline is a local company based out of New Smyrna Beach, Florida who has been successfully completing sewer rehabilitation work for many years within the Central Florida area; and they have been doing sewer rehabilitation for the City since 2008. In September, 2009, the City’s primary sanitary sewer collector pipe collapsed near the intersection of Dunlawton Avenue and Clyde Morris Blvd.  Subsequently, dirt and debris deposited along the 12,000 linear feet of 30” sewer collector pipe; and this debris needed to be cleaned out to avoid future sewage blockage.  The plan also entails the repair and rehabilitation of manholes.


We received documentation that Miller Pipeline was selected by Manatee County under a competitive bid process to perform varied types of sanitary sewer system repair and rehabilitation items of work which are currently priced within the Manatee County unit priced contract. Per the copy of their letter, attached, Miller Pipeline is willing to honor these unit prices with us and enter into a purchase order to perform these varied job tasks as requested.  We are confident that Miller Pipeline Corp. can work with us and perform all work assigned to them in an acceptable manner.


Staff requests approval of the work authorization to Miller Pipeline Corp. in the amount of $100,831.80 for sanitary sewer system rehabilitation.  Funds have been budgeted and are currently available in the Sewer System Rehabilitation Project No. URH001 to pay for this work.


Staff recommends that Council authorize a purchase order in the amount of $100,831.80 to Miller Pipeline Corp., piggy-backing Manatee County PO No. PO802986, for sewer system rehabilitation service at the Dunlawton Avenue 30” Gravity Sewer Collector System.


Item 9 -           Change Order No. 7 – Extension of Time – Public Safety Building


This is a request for Council to approve Change Order No. 7 to allow Hall Construction to complete the ongoing changes to the Public Safety Building as detailed in the attached letter.  Funding will be from Account No. 314-1000-5806200,  Project No. CNE 006.


Staff recommends that Council approve Change Order No. 7 in the amount of $8,528.00 and 30 additional days for changes to the Public Safety Building.             


City Manager’s Comment: It is recommended that a 30 day extension be granted to Hall Construction.  There are several items beyond the punch list that they are working on with the City to perform.  A second change order is forthcoming related to changes that have been made to the building.  We continue to have discussions with the Architect about those changes. 



E.                 FINANCE


Item 10 -        Resolution No. 10-14 - Establishing Energy Fees for Water, Sewer, and Reclaimed Water Services


This resolution is to adopt specific amount for the energy usage charge related to water, sewer, and reclaimed water.  It should be noted that the attached rate resolution does not change the energy rate per thousand gallons for water, increases by 8 cents per thousands gallons for sewer energy, and increases the energy charge by 3 cents per thousand gallons for reclaimed water.  Staff recommends approval of the attached resolution establishing energy fees for water, sewer, and reclaimed water services.


Item 11 -        Citizen Survey Report


As part of the annual budget process, the Finance Department conducts a Citizen Survey as a method for measuring the quality and performance of City-provided services.  The annual survey also helps obtain citizen viewpoints of the community as well as their overall interest and participation in public meetings, workshops, sponsored events, and other City-related activities.  The results of the 2010 citizen survey are summarized in the attached report. 


Item 12 -        Monthly Financial Report


Attached is the Monthly Financial Report.  If you have questions, please contact either John Shelley or me.





Item 13 -        First Reading – Ordinance No. 2010-2 – Amending Chapter 8, Article III, of the Land Development Code Relating to Updates of the City’s Floodplain Management Ordinance


The City of Port Orange, applicant, proposes to amend Land Development Code (LDC), Chapter 8, Article III, which would provide updates to the City’s floodplain ordinance.  The proposed amendments were recommended by FEMA during a Community Assistance visit in 2006.  The amendments are being proposed in order to make the Land Development Code consistent with the State of Florida Model Floodplain Management Ordinance.  Volusia County, New Smyrna Beach, and Daytona Beach all have adopted the entire State of Florida Model Floodplain Ordinance. The majority of the amendments are just revisions to definitions to match updates to state and federal floodplain management programs.  The only significant regulatory change is a one foot increase in the required finished floor elevation.


Planning Commission Recommendation:  The Planning Commission recommended approval 7-0 to amend Chapter 2 and Chapter 8, Article III of the Land Development Code.


Environmental Advisory Board Recommendation:  The Environmental Advisory Board voted unanimously to recommend amending Chapter 8, Article III of the Land Development Code.


Staff Recommendation:   Staff recommends approval.


Second Reading:   March 16, 2010




Item 14 -        First Reading – Ordinance No. 2010-3 – Amending Chapters 2 and 16 of the Land Development Code Regarding Renewable Energy Green Initiatives, Phase II


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 II of the City’s Green Initiative, the City of Port Orange, applicant, requests approval of amendments to Chapter 2 and Chapter 16 of the Land Development Code, related to renewable energy systems. If approved, the subject amendments incorporate new definitions and establish requirements for small wind energy systems and solar collectors.


Planning Commission Recommendation:  The Planning Commission recommended approval, 6-0 (Commissioner Parker excused) on November 19, 2009.


Staff Recommendation:   Staff recommends approval of the attached ordinance amending Chapters 2 and 16 of the City’s Land Development Code for Case No. 09-25000011 regarding renewable energy systems, as recommended by the Planning Commission.


Second Reading:   March 16, 2010


Item 15 -        First Reading – Ordinance No. 2010-4  - Amending Chapters 2, 3, 5, 6, and 18 of the Land Development Code Regarding the Expiration of Development Orders and Development Permits


This is a request to revise language regarding the expiration and extension of development orders and development permits, to reference any state requirements that would take precedence over such extension, to add language to allow the administrative approval of routine extension, and to clarify definitions.  The purpose of these amendments is to comply with state law and to increase the efficiency and processing time of extension requests.


Planning Commission Recommendation:      The Planning Commission recommends approval 6-0 (Commissioner Parker excused).


Staff Recommendation:   Staff recommends approval.


Second Reading:   March 16, 2010


Item 16 -        First Reading – Ordinance No. 2010-5 – Amending Chapter 6, Section 5, and Chapter 10, Article I, Sections 1 and 5 of the Land Development Code Relating to Erosion and Sedimentation Control Regulations


The City of Port Orange, applicant, proposes to amend the Land Development Code (LDC), Chapter 6, Section 5, and Chapter 10, Article I, Sections 1 and 5.  The changes will implement a Federal requirement into the City’s stormwater management program for controlling erosion and sediment on construction sites.  The proposed amendment will include a requirement of having an Erosion and Sediment Control Plan be applicable to construction projects that disturb ½ acre (21,780 square feet) of earth or greater.  AS part of the National Pollutant Discharge Elimination System (NPDES) permitting process, local municipalities are required to develop a program to reduce pollutants in stormwater runoff to the Municipal Separate Storm Sewer System (MS4).


Planning Commission Recommendation:      The Planning Commission recommends approval 6-0 (Commissioner Parker excused).


Environmental Advisory Board Recommendation:  The Environmental Advisory Board unanimously recommends approval.


Staff Recommendation:   Staff recommends approval.


Item 17 -        Resolution No. 10-15 - Large-Scale Comprehensive Plan Amendment – Colony in the Wood


This is a proposed amendment is to change the future land use designation of approximately 81.9 acres of land from Volusia County Urban Medium Intensity to City of Port Orange Urban Low Density Residential and Office/Residential Transition. The subject property is located at 4000 S. Clyde Morris Boulevard, the location of the existing Colony in the Wood residential mobile home development. This property is an unincorporated enclave. An Annexation Petition has been submitted by the property owners and will be brought before the City Council for review prior to the adoption of the proposed Future Land Use Amendment. The staff report for this amendment is attached for your review.


Planning Commission Recommendation:  The Planning Commission recommended approval, 7-0, to transmit the first Large-Scale Comprehensive Plan Amendment Package for 2010 (10-1) to the Florida Department of Community Affairs and other review agencies.


Staff Recommendation:   Staff recommends approval.


Item 18 -        Resolution No. 10-16 - Revised Interlocal Agreement – Mooring


In November 2009, the cities of Port Orange and South Daytona expressed interest to the Florida Fish and Wildlife Commission to participate jointly in the Commission’s Mooring Field Pilot Program.  Designation as one of the FWC Pilot Programs authorized pursuant to Florida Statute Section 327.4105 will give both cities the ability to adopt and enforce regulations related to the anchoring and mooring of non-liveaboard vessels located outside the marked boundaries of the joint public mooring field.   This effort is an important undertaking to help maintain boater safety and reduce the incidences of derelict and abandoned vessels in the Intracoastal Waterway.  FWC will select cities for their Pilot Program by June 2011.  We must have a permitted mooring field by that time in order to remain eligible for selection for the Pilot Program. Collection of mooring data must also begin on March 1, 2010, and be submitted monthly to FWC.  Since selection for the Pilot Program has now become highly competitive, both cities have agreed to pursue outside funding sources for design, permitting and construction of our joint mooring field, even if this delays permitting and eligibility for selection for the FWC’s initial Pilot Program.   It is staff’s belief that regulation of waterways in communities with mooring fields will likely be expanded after the initial pilot program is implemented.

Staff recommends that Council adopt the attached resolution approving an Interlocal Agreement with the City of South Daytona for a joint mooring field, and to authorize the Mayor and City Manager to execute all documents related to said Interlocal Agreement.

City Manager’s Comments:  Last week, the City staffs met to discuss the joint mooring field.  We determined that we could not meet the time schedule this year.  However, we determined that it would be in our best interest to seek funding from a variety of agencies to help fund the engineering studies necessary to do a mooring field.  That is the approach that we desire to take at this time by working together to obtain grants from other agencies to conduct the necessary studies and do the engineering necessary for a mooring field.  This interlocal agreement does not require the cities to expend any money.  We will bring any contract back that requires an expenditure to obtain approval from the City Council.  Also, we will be bringing any grant application that will be submitted back to the City Council for authorization.



G.                COUNCIL COMMENTS


Item 19 -        Comments/Concerns from Council Members


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


Item 20 -        City Council Committee Reports


At this time, Council Members may discuss various committees to which they have been assigned.