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 March 23, 2010

 

Date:               March 16, 2010

 

 

A.                 OPENING

 

Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call

 

 

B.                 SPECIAL REPORT

 

Item 4 -           Report from KemperSports Management

 

A representative of KemperSports will make a report to Council at this time.

 

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 -           Use Agreement with the Florida Inland Navigation District (FIND) for Dredged Material Management Purposes on the MS434A Site for B-23 Canal Project

 

Through the Use Agreement, FIND will allow the City to place up to 30,000 cubic yards of dredged material on the MS434A site which is currently being utilized by the Army Corps of Engineers for the Rose Bay restoration project.  Use of this site will allow the City to take advantage of the current dredging contractor, equipment and pipeline that will be used for Rose Bay creating greater efficiencies and economic benefit.  The Agreement provides up to a two-year timeframe to complete the spoil placement.

 

Under the Agreement, the City would be responsible for a use fee of $100 per month while under construction and 0.10 cents per cubic yard placed on the site.  The MS434A site is considered a “reserve site” for FIND (one of only two in the District) and they have no plans to offload the spoil for future reuse.  Because of this, FIND has agreed to waive the removal and contingency fees; however, in the event that the site does have to be offloaded at a future date, the City would be responsible for the cost associated with its spoil material as a proportionate amount of the total material to be removed.  The Agreement provides adequate time for notification.

 

Without the use of the MS434A site, the B-23 canal dredging project cost increases substantially.  Staff recommends approval of the Use Agreement with FIND.

 

Staff recommends that Council approve the Use Agreement with the Florida Inland Navigation District (FIND) for the MS434A site and authorize the Mayor and City Manager to execute all necessary documents.

 

City Manager’s Comment:  The Florida Inland Water Navigation District (FIND) Board has approved the City placing the sediments removed from the B-23 canal on the spoil island that is being used by the contractor who is dredging Rose Bay.  Shannon has worked with FIND and the City Attorney to finalize this agreement.  If the City Council approves this agreement with FIND, the City can simply modify its permit for the placement of the spoil materials.  We are moving closer to the final elements in the Rose Bay restoration program. 

 

 

Item 7 -           Concurrency and Fair-Share Agreement for the Final Site Plan/CVS

 

The CVS Site is located on the east side of Dunlawton Avenue, north of Taylor Branch Road.  The development consists of an 11,872 SF – retail/pharmacy building along with associated site improvements.  The traffic impact analysis, completed by Lassiter Transportation Group, Inc., projects impacts to the Dunlawton Avenue/Clyde Morris Boulevard intersection, the I-95 interchange area, and the Summertrees Road extension upon build-out of the site.  The $48,872 fair-share mitigation payment will be contributed toward the cost of the improvements at these locations, as shown on Exhibit A-2 of the Agreement.  The Agreement is attached for review.

 

The site plan has been reviewed by staff and found to be in compliance with the City’s development requirements.  A Development Order will be issued upon City Council approval of the Fair-Share Agreement and receipt of the fair-share mitigation payment.

 

Staff recommends that Council approve the Concurrency and Fair-Share Agreement for the CVS site plan.

 

Item 8 -           Bid Award – Ken Bern Reclaimed Water Augmentation Project

 

The referenced project provides for additional harvesting and treatment of stormwater ponds which are generally located in the area of Dunlawton Avenue and Spruce Creek Road, and are directly connected to the Halifax Canal.  This project is currently partially grant funded in the amount of $450.000.  Additional grant funds of $50,000 may also be made available in the near future on this project once our additional request for funds is submitted and evaluated by the State of Florida.

           

The proposed work includes 2 pump stations, 12” stormwater force main piping from the Ken Bern stormwater pond to the Reclaimed Water Plant including underground crossings of Canal View Boulevard, the Halifax Canal, and Dunlawton Avenue.  An additional stormwater treatment system to process the stormwater is also to be constructed at the northeast corner of our Reclaimed Water Plant site. Bids for this project were publicly advertised and eight bids were opened on March 11, 2010. Upon evaluation of all of the eight bids received it was determined that Masci Construction is the lowest responsive bidder under the base bid award.  Masci Construction, a local firm, has recently successfully completed several other capital projects for the City on time and within budget.

           

We request Council consider awarding this “base bid only” contract to Masci Construction in the amount of $1,079,924 in order to enable the work to be completed in a timely manner in accordance with the terms of the grant.  The available funding for this project is identified in the Ken Bern Reclaimed Water Augmentation Project, RIM 003.

 

Staff recommends that Council approve the bid award for the Ken Bern Reclaimed Water Augmentation Project Bid No. B-10-06 to Masci Construction, in the amount of $1,079,924 for the base bid, contingent upon identification of sufficient funding, and to authorize the Mayor and City Manager to sign and execute all required contract documents.  

 

Item 9 -           Change Order No. 1 to the Ken Bern Reclaimed Water Augmentation Contract with Masci Corporation

 

The referenced project was planned to provide for additional harvesting and treatment of stormwater ponds which are generally located in the area of Dunlawton Avenue and Spruce Creek Road, and are directly connected to the Halifax Canal.  This project is currently partially grant funded in the amount of $450,000.  Additional grant funds of $50,000 may also be made available in the near future on this project once our additional request for funds is submitted and evaluated by the State of Florida.

 

The original project included 2 pump stations, 12” stormwater force main piping from the Ken Bern stormwater pond to the Reclaimed Water Plant including underground crossings of Canal View Boulevard, the Halifax Canal, and Dunlawton Avenue.  An additional stormwater treatment filtration system to process the stormwater was also to be constructed at the northeast corner of our Reclaimed Water Plant site.  However, in order to bring this project within the existing budgetary constraints, the consulting Engineer, Quentin Hampton and Associates, recommends that the filtration system element of the project be deleted at this time.

 

Staff recommends that Council approve the Change Order No. 1 to the Ken Bern Reclaimed Water Augmentation Project in the deductive amount of $401,340 to Masci Corporation making the revised contract amount $678,584, and to authorize the Mayor and City Manager to sign and execute all required contract documents.  

 

Item 10 -        Approval to “Piggyback” State, County, and Sheriff Department Contracts for Fleet Vehicle Purchases

 

Staff has reviewed vehicle needs for each Department.  The Fleet Purchase Summary sheet attached provides a breakdown of each vehicle requested by user department, age of vehicle, cost to maintain, mileage of each, and budget information.  Vehicle purchases which have been deferred are also shown.  Staff requests approval to piggyback various contracts, each listed on the spreadsheet next to vehicle to be purchased, in order to purchase the vehicles at the lowest cost possible.

 

The total cost for the fleet vehicles requested will not exceed $721,025.55; FT 2010 budget is $1,865,500, resulting in a surplus budget amount of $1,144,474.45.  Funds are available in the Fleet Finance Account No. 50510005806400.

 

Staff recommends that Council approve the purchase of the fleet vehicles as shown on the Fleet Purchase Summary sheet for a total cost not to exceed $721,025.55.

 

City Manager’s Comments: As the City Council is aware, the City of Port Orange established its Fleet Leasing Fund in 1989.  The purpose of the Fleet Leasing Fund was to provide an internal method by which vehicles and equipment could be purchased and replaced.  Each vehicle and piece of equipment has a life expectancy.  Based upon that life expectancy, vehicles and equipment are scheduled for replacement.  However, replacement is not automatic when a vehicle or piece of equipment reaches its life expectancy.  Age of the vehicle or piece of equipment is not the only determining factor when deciding to replace a vehicle or piece of equipment.  Other factors, such as annual maintenance cost, condition of the vehicle or equipment, use of the vehicle or equipment, operating cost, and other factors are reviewed before making a recommendation to replace vehicles or equipment.  The City attempts to replace vehicles and equipment when it is costing the City more to operate and maintain than the vehicle is worth.  This year, we are proposing to make our fleet even more efficient.  Most of the vehicles that are being replaced are in the Police Department.  The Chevrolet Impalas are more fuel efficient than the Ford vehicles.  Included in this year’s bid award is a request to replace five vehicles with Ford Fusion Hybrids.  These Hybrids will be used by the VIPS.   The City is requesting to replace three vehicles in the Public Utilities Department.  The first is a pick up truck; the second is a dump truck; and the third is the truck and the equipment that is used to video the sewer lines.  The City is proposing to replace a portion of the motorcycle fleet as well.  Finally, the City is proposing to replace one of the gators that is used by the Parks crew.  The DF states that there is $1,144,474.45 surplus.  That is not correct.  What that means is that the City has deferred the vehicles and equipment in that amount.  The funds remain in that fund and are reserved to be used to replace the vehicles and equipment when it is determined that the vehicle and equipment no longer have any useful life and should be replaced. 

 

Item 11 -        Extend Concrete Construction Contract with Sparks Concrete LLC

 

In 2009, Council awarded the concrete sidewalks, bike paths, and curbs contract to low bid vendor, Sparks Concrete LLC.  This contract provides for the installation and repair of sidewalks, bike paths, and curbing as needed.  As allowed by contract, Sparks is willing to extend the contract another year without any increase in price and a copy of the 2009 bid summary sheet is attached for your review.  Staff is satisfied with the performance of Sparks Concrete over this past year and wishes to extend the contract another term.  Funds are available in Account No. 30143005415363, Project No. OMI007.

 

Staff recommends that Council approve the extension to the concrete construction contract, Bid No. B09-16 with Sparks Concrete LLC another year.

 

Item 12 -        Extend Lake Contract with Clarke Aquatic Services, Inc.

 

The lake contract with Clarke Aquatic Services Inc., Bid 07-08, is due to expire April 30.  Clarke Aquatic is willing to extend the contract another year without any increase in price with the exception of the CPI rate increase as allowed by contract.  This year, the rate increase will be 2.12% (see rate sheet attached).  Staff is satisfied with the performance of Clarke Aquatic and recommends approval of the rate increase and the contract extension.  If approved, this will be the fourth year of a possible five-year contract.  The total annual cost will not exceed $42,428.16, and the spread sheet attached provides a list of all areas treated and the maintenance cost associated with each.  Funding is shown on the commentary attached.

 

Staff recommends approval to extend the lake service contract with Clarke Aquatic Services Inc. for another year for a total cost not to exceed $42,428.16.

 

Item 13 -        Bid Award for the West Master Lift Station and Clark Regional Lift Station Upgrades Project

 

Our West Master Lift Station Facility located at our Reclaimed Water Plant Site,  817 Oak Street,  was originally constructed in the 1970’s.  It has served us well now for many years.  Much of the pipe, valves, and pump technology etc. has now changed and updated equipment, pipes and valve replacements, are now required. Improved air circulation, better worker access for routine maintenance checks, pump replacement accessibility, sewage flow improvements, and other worthwhile improvements are also included. In order to expedite this project, pump replacements have been previously approved by you, and are currently on order and being manufactured by Aurora Pumps. Removal of the three existing pumps and the installation of these new very large pumps is included in this project.

           

We originally had hopes that sufficient dollars might also be remaining and available to also complete the additional bid alternate work for the Clark Regional Pump Station Renovation. Funds however currently do not exist to award this bid alternate at this time. This additional work project will therefore need to be put off temporarily until additional funds can be identified.

           

Bids for this project were publicly advertised and seven bids were publicly opened on March 8, 2010. Upon evaluation of all of the seven bids received it was determined that Masci Construction is the lowest responsive bidder under the base bid award.  Masci Construction, a local firm, has recently successfully completed several other capital projects for the City on time and within budget.

           

 

We request your approval in awarding this “base bid only “contract to Masci Construction in the amount of $417,650 at this time so that the necessary work may be completed in a timely manner.  Funding for this project is currently available in the Sewer Plant Replacement Project, CIP Project, SSP 002.

 

Staff recommends that Council approve the bid award for the West Master Lift Station and Clark Regional Upgrades Project, # B -10-05,  to Masci Construction, in the amount of $417,650 for the base bid and to authorize the Mayor and City Manager to sign and execute all required contract documents.  

 

Item 14 -        Southeast Regional Marine Patrol Interlocal Agreement

 

The Interlocal Agreement provides for the establishment of the Southeast Regional Marine Patrol Unit.  The cities of Port Orange, New Smyrna Beach, South Daytona, and the Town of Ponce Inlet seek to continue the Southeast Regional Marine Patrol Unit to provide law enforcement and boater safety on the Halifax and Indian Rivers from Daytona Beach to Edgewater.  The current agreement was filed with the Clerk of the Circuit Court, Volusia County, Florida, on June 2, 2005, and remains in effect until June 2, 2010.  The Port Orange Police Department is requesting to renew the Interlocal Agreement for an additional five years.

 

Staff recommends that Council approve renewal of the Interlocal Agreement for the Southeast Marine Patrol Unit and authorize the Mayor and City Manager to execute the Interlocal Agreement on behalf of the City.

 

 

E.                 TABLED ITEMS

 

Item 15 -        Resolution No. 10-12 – Reimbursement of Grant Funds – Gamble Property (tabled 2/16/10)

 

Staff recommends that this item remain on the table.

 

Item 16 -        “Piggyback” of Miller Pipeline Contract with Manatee County, Florida, for Sewer System Rehabilitation Work at the Dunlawton Avenue 30” Gravity Sewer collectors System (tabled 2/23/10)

 

Staff recommends that this item remain on the table.

 

City Manager’s Comments: This item will be brought to the City Council on April 6 for discussion and action.

 

F.                 FINANCE

 

Item 17 -        Resolution No. 10-17 - Budget Appropriations

 

The City Council approved the acceptance of a FEMA Hazard Mitigation Grant for the Cypress Head club house.  Also, previously, the City Council approved the engineering for the Allen Green Center roof, City Hall roof, and the Dunlawton Drainage Project.  The attached resolution appropriates budget revenues and expenditures for the construction phase of these projects.  Staff recommends approval.

 

Item 18 -        Monthly Financial Report

 

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

 

 

G.                COMMUNITY DEVELOPMENT

 

Item 19 -        First Reading – Ordinance No. 2010-6 - Rezoning – From GPU (Government/Public Use) to PO (Professional Office) and Volusia County A-2 (Agricultural) to GPU (Government/Public Use) – Port Orange Presbyterian Church

 

This is a request to rezone +/-23 acres located at 4662 Clyde Morris Boulevard from GPU (Government/Public Use) to “PO” (Professional Office) and Volusia County A-2 (Agricultural) to GPU (Government/Public Use).  If the rezoning is approved, the property owner intends to redevelop the property in the future.

 

Planning Commission Recommendation:      The Planning Commission recommends approval 5-0 (Commissioners McMasters and Booth excused).

 

Staff Recommendation:   Staff recommends approval.

 

Second Reading:               April 27, 2010

 

Item 20 -        First Reading – Ordinance No. 2010-7  - First Amendment to the Nautica Lakes PUD Amended and Restated Master Development Agreement

 

This is a request to approve the First Amendment for the Nautica Lakes PUD Master Development Agreement.  The purpose of the amendment is to extend the expiration date of the MDA to 2014, establish a project completion date of 2024, and change the owner’s corporate name to Nautica Lakes, Inc.  Since this PUD will have multiple construction phases, and given the nature of the economy since the MDA was originally adopted in 2008, staff finds the extension is a reasonable request.  All outstanding staff comments have been addressed.  The staff report and amendment document are attached.

 

Planning Commission Recommendation:      The Planning Commission recommends approval 5-0 (Commissioners Booth and McMasters excused).

 

Staff Recommendation:   Staff recommends approval.

 

Second Reading:   April 27, 2010

 

City Manager’s Comments: In your packet are actually two different documents for City Council consideration.  The first is one that was reviewed by the Planning Commission.  It is the document that is being proposed by the developer.  The second option is being proposed by the City Manager.  The second document would require the donation of the right of way for Yorktowne and the developer to provide the City with all road permits, plans, and specifications that they may have acquired.   The property owner still would have the responsibility for the road construction.  One of the things that has blocked the City from applying for grant dollars associated with the Yorktowne project is that we must certify that we have all of the right of way, plans, and permits ready to move forward.  This is an attempt to allow the City to be able to make those representations in the future.  The property owner’s attorney has stated that they would have to obtain a release from their lender to provide the property to the City of Port Orange.  Further, the current property owner is in litigation with the former property owner over contract performance conditions. It is the City’s position that securing the right of way is important to the overall transportation program in Port Orange.

 

G.        PUBLIC SAFETY

 

Item 21 -        Bike Week Report

 

Staff will present the report to Council concerning Bike Week 2010.

 

H.                 COUNCIL COMMENTS

 

Item 22 -        Comments/Concerns from Council Members

 

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