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 April 6, 2010

 

Date:               March 29, 2010

 

 

A.                 OPENING

 

Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call

 

 

B.                 BOARD APPOINTMENTS AND INTERVIEWS

 

Item 4 -           Civil Service Board (1 Term to Expire on May 16, 2013)

 

One appointment needs to be made to the Civil Service Board.  The term of Michael Burton will expire on May 16, 2010.  Mr. Burton has expressed an interest in being reappointed to this board.  Attached is Mr. Burton’s application as well as an application from Larry Kelly, who is also interested in serving on this board.

 

Item 5 -           Code Enforcement Board (1 Term to Expire on April 5, 2013)

 

One appointment needs to be made to the Code Enforcement Board.  The term of Judith Bickle expires on April 5, 2010.  Ms. Bickle has expressed an interest in being reappointed to this board.  Attached is Ms. Bickle’s application as well as an application from Larry Kelly, who is also interested in serving on this board.

 

Item 6 -           Environmental Advisory Board (3 Terms to Expire on May 7, 2013)

 

Three appointments need to be made to the Environmental Advisory Board.  The terms of Suzanne Grubbs, Paul Minshew, and Bill McLain will expire on May 7, 2010.  As of today, we have not heard from Mr. Minshew regarding reappointment.  Ms. Grubbs has expressed an interest in being reappointed. Mr. McLain is not interested in being reappointed.  There are no other applications on file for this board.

 

 

C.                CITIZEN PARTICIPATION (Non-Agenda – 15 Minutes)

D.                CONSENT AGENDA

 

Item 7 -           Approval of Minutes

 

a.                  February 2, 2010 – Special City Council Meeting

b.                  February 2, 1010 – Regular City Council Meeting

c.                  February 16, 2010 – Regular City Council Meeting

d.                  February 23, 2010 – Special City Council Meeting

e.                  February 23, 2010 – Regular City Council Meeting

 

Staff recommends that Council approve the meetings as noted.

 

Item 8 -           Update on Construction Projects

 

Attached is the update on construction projects.  If you have questions, please contact any of the Project Managers or me.

 

Item 9 -           Update on Recreational Facilities

 

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

 

Item 10 -        Road Construction Report

 

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

 

Item 11 -        Engineering Contract for Design of an Extension of the Westbound Traffic Lane and a Pedestrian Crossing on Dunlawton Boulevard at I-95 Interchange to Kimley-Horn and Associates

 

This turn lane extension and pedestrian crossing are 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.  The turn lane extension will allow additional stacking of the west bound traffic turning to south bound I-95.  The pedestrian crossing will allow bicycle and foot travel under I-95 along the north side of Dunlawton and includes traffic signal modifications and under–deck lighting.  Funding for this project is in Account   No. 306-4300-541.63-00, Project No. PNC010.

 

Staff recommends that Council award the Engineering Contract for design and post design services for an extension of the west-bound traffic lane and a pedestrian crossing on Dunlawton Blvd. at the I-95 interchange to Kimley-Horn and Associates in the amount of $98,936 and that the Mayor and City Manager be authorized to sign the contract documents.

 

City Manager’s Comments:  When the Pavilion Development of Regional Impact (DRI) was approved, there were certain dollars set aside for improvements at I-95 and Dunlawton.  The City has been working with FDOT on the components of the project.  Those have now been identified.  The City is responsible for the design and construction of the improvements.  FDOT will approve and issue the permits on the project.  

 

Item 12 -        Change Order No. 8 for the Public Safety Building

 

Staff recommends the Council approve Change Order No. 8 in the amount of $115,441.00 for final changes to the Public Safety Building as identified in the attached summary and detail of costs.  Also included is a 30 day extension of time at no additional cost.  Funding will be from Account No. 314-1000-580-6200, Project No. CNE 006

 

City Manager’s Comments: The City identified several items during the construction of the project that required change orders.  Some of the items are code requirements and had to be done in order for the building to receive a Certificate of Occupancy.  We continue to have discussions with the design professional related to those items and whether the City should be responsible for them.  However, this change order will close out the construction portion of the contract with Hall Construction.

 

Item 13 -        Bid Award for Ken Bern Reclaimed Water Augmentation Contract with Masci Corporation

 

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 that 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.  

 

City Manager’s Comments: Items 13 and 14 are companion items.  The City of Port Orange received a 319H grant from the Department of Environment Protection to develop an alternative water source and reclaimed water augmentation project.  The project identified the fresh water that flows through the Halifax Canal as that potential source.  The City worked with the St. Johns River Water Management District to test the quality and quantity of the water in the Halifax Canal.  It was determined that the canal water could be used as an augmentation and alternative water source.  The City staff has worked with the contractor and design engineers to design a project that achieves the objectives of the program.  The bid award and the change order allow the project to be constructed.  It is recommended that the project be awarded and the change order in Item 14 be deleted from the contract.  The removal of the items does not change the bid order.

 

Item 14 -        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 as bid included 2 pump stations and 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.  In order to bring the project within available funding while keeping critical elements, elements of the project must be withdrawn.  The proposed pump station located at Ken Bern along with the associated piping and improvements are to be eliminated.  However, the remaining project still includes a stormwater pumping station that harvested water from both the Halifax Canal and also the stormwater pond located at Dunlawton and Spruce Creek.  The project still includes a stormwater treatment filtration system located at the Reclaimed Water Plant.  The filter has been designed, sized, and geographically located to serve the future expansion of the drainage pond system located in the vicinity of Dunlawton Avenue.

           

Public Utilities staff and our Engineering Consultant, Quentin L. Hampton & Associates, recommend that the “upgrades at the Ken Bern” pond site, including the pumping station and stormwater force main, be eliminated from the project via this proposed Change Order No. 1. Funding for the project is available in Ken Bern Augmentation RIM003 and also the 421 Fund of Dunlawton Drainage Improvements DIP048.          

 

Staff recommends that Council approve Change Order No. 1 to the Ken Bern Reclaimed Water Augmentation Project in the deductive amount of $193,654 to Masci Corporation, making the revised contract amount $886,270, and to authorize the Mayor and City Manager to sign and execute all required contract documents.  

 

Item 15 -        Bus Bench Advertising Agreement

 

On March 24, 2009, the City Council authorized staff to enter into negotiations with Waverly Media, LLC for bus bench advertising, design, and maintenance services.  The attached Agreement sets forth the standard terms and conditions and requires the existing concrete benches be replaced with recycled plastic benches at the contractor’s sole cost.  The Agreement provides for annual compensation to the City in an amount not less than 18 percent of the gross revenues in year one, 19 percent in year two, and 20 percent in year three.  Payments will be made to the City in quarterly installments.

 

Staff recommends that Council approve the attached Agreement with Waverly Media, LLC for bus bench advertising, design, and maintenance services and authorize the Mayor and City Manager to execute all associated documents.

 

Item 16 -        Acceptance of Settlement in the Case of Eugene Vandina vs. City of Port Orange

 

The complaint by Eugene Vandina has been settled.  Plaintiff, Eugene Vandina has brought a negligence action against the City of Port Orange allegedly arising out of a slip and fall in a pothole at the Port Orange Causeway located in Volusia County, Port Orange, Florida.  Plaintiff alleges that as a result of the aforesaid incident, he suffered personal injury.  This incident occurred on or about May 3, 2007.

 

A copy of the settlement agreement is attached.  The agreement provides payment of $8,500.00 to Eugene Vandina.  It is the City’s position that there is no liability; however, the defense cost of trying the case before a jury would exceed the settlement cost, regardless of whether the City prevails. Further, there is always a risk of trying a case before a jury regardless of the strength of your legal position.  If you have any questions regarding the case, or the recommendation of approval of the settlement, please contact Margaret Roberts, City Attorney.

 

Staff recommends that Council authorize the settlement to Eugene Vandina vs. City of Port Orange, Case No. 2009-32064 CICI, pursuant to the terms set forth in the settlement agreement.

 

 

E.                 TABLED ITEMS

 

Item 17 -        Resolution No. 10-12 – Reimbursement of Grant Funds – Gamble Property (Tabled 2/16/10)

 

Staff recommends that this item remain on the table.

 

Item 18 -        “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)

 

Attached is information from Public Utilities on this item.  Staff recommends that this item be removed from the table for consideration by the City Council.

 

F.                 BOARDS AND COMMISSION

 

Item 19 -        Reports from Advisory Boards

 

a.                  Youth Advisory Board

 

A representative of the Youth Advisory Board will make a report to Council at this time.

 

 

G.                COMMUNITY DEVELOPMENT

 

Item 20 -        First ReadingOrdinance No. 2010-8 - Amending Chapter 5 of the Land Development Code Relating to Subdivisions and Amending Chapter 17 of the Land Development Code Relating to Zoning District Regulations

 

This is a request to approve the attached ordinance to propose amendments to correct formatting errors and omissions, update language, add uses permitted in certain zoning districts, and revise provisions to reflect current policy. The purpose of these amendments is to improve the content of the existing code, as part of a periodic code maintenance effort. The package of amendments includes one minor addition suggested by the Planning Commission. Please see the attached staff report for more information.

 

Planning Commission Recommendation:  The Planning Commission recommends approval.

 

Staff Recommendation:   Staff recommends approval.

 

Second Reading:   May 4, 2010

 

Item 21 -        Resolution No. 10-18 - Requested Approval of Amended SHIP Program Local Housing Assistance Plan (LHAP) for Fiscal Years 2006-07, 2007-08, and 2008-09

 

The State Housing Initiatives Partnership Program is a grant that is funded by the State in an effort to assist low and moderate-income individuals with housing needs.  The State of Florida, through Florida Housing Finance Corporation, requires that entitlement cities submit a Local Housing Assistance Plan at least every three years that outlines the proposed use of these entitlement grant funds.  The City of Port Orange originally approved its three year LHAP for fiscal years 2006-07, 2007-08, and 2008-09 on July 25, 2006, and approved two previous amendments to the plan on July 17, 2007, and November 11, 2008.  Attached is a detailed briefing of the amendments submitted for City Council approval.  Staff recommends that Council approve an amended SHIP Program Local Housing Assistance Plan for Fiscal Years 2006-07, 2007-08, and 2008-09.

 

H.                 PUBLIC UTILITIES

 

Item 22 -        First Reading – Ordinance No. 2010-9 - Amending Chapter 11 of the Land Development Code Relating to Cross Connection Control Requirements

 

This is a request to approve the attached ordinance adopting the proposed amendments to Chapter 11 of the Land Development Code to provide a cross-reference to the cross-connection control requirements set forth in the Code of Ordinances, Article VIII, Chapter 74.

 

Planning Commission Recommendation:      The Planning Commission recommends approval of the proposed amendments to Chapter 11 of the Land Development Code to provide a cross-reference to the City’s Code of Ordinances, Article VIII, Chapter 74.  That Chapter contains general and specific guidance concerning the uses of potable water, sanitary sewer, industrial pretreatment, reclaimed water, water conservation, and cross connection control.  This revision is intended to provide additional guidance and reference to those attempting to research cross-connection control requirements for new developments within our City.

 

Staff Recommendation:   Staff recommends approval.

 

Second Reading:               May 4, 2010

 

Item 23 -        First Reading - Ordinance No. 2010-10 - Amending Chapter 74, Article VIII of the Code of Ordinances Relating to Adopting the 2010 Manual of Cross-Connection Control

 

Since the early inception of our Reclaimed Water Program back in 1992, state requirements have mandated the City of Port Orange to implement and carry-out a Cross-Connection Control Program in order to protect our Drinking Water System.  This responsibility extends outside our municipal boundaries to Ponce Inlet, portions of unincorporated Volusia County, Daytona Beach Shores, and wherever and whenever our public drinking water is distributed and sold. This important responsibility entails the installation and annual testing of all residential connections having reclaimed water present on the property in addition to administering and regulating all of the required testing of backflow devices serving commercial properties, fire lines, and other defined hazards within our utility service area.

 

City staff from various departments have assisted the Public Utilities Department staff in a review and rewrite of the ordinance sections and the Cross-Connection Control Manual. The newly revised Manual of Cross-Connection Control will serve as a useful tool in the years to come in guiding all those interested and directly affected in the water industry on how to properly protect the City‘s water supply and drinking water distribution system. Members of the City staff have recently met with many local plumbers and others who are directly affected by cross-connection control as well as the Building Trades Board where we received valuable positive comments to improve the Manual’s application and implementation. Many of their proposed suggestions and changes have been included.  Staff now requests that the Council will approve the attached ordinance and adopt by reference the recently revised Manual of Cross-Connection Control.  

 

Staff recommends that Council approve the attached ordinance adopting the proposed amendments to Chapter 74, Article VIII of the Code of Ordinances, and to adopt the 2010 City of Port Orange Manual of Cross-Connection Control for the protection of the City’s potable water system.

 

Second Reading:               May 4, 2010

 

 

I.                     ADMINISTRATION

 

Item 24 -        First ReadingOrdinance No. 2010-11 - Adoption of Eastport Business Center Community Redevelopment Plan 2010 Update

 

Early in 2009, the Eastport Business Center CRA approved a Professional Services Agreement with TMH Consulting, Inc., for services associated with the review and update of the Redevelopment Plan for the Eastport Business Center CRA.   This is the first time the Plan has been subject to a comprehensive review and update since the Plan’s initial adoption in 1995.    The proposed Plan Update provides a review of redevelopment goals and objectives, assesses Plan achievements to date, identifies items that remain to be accomplished, and proposes Plan amendments.   Input into the Redevelopment Plan Update was sought from Eastport business owners and property owners through letters and surveys, on-site visits, and public review of the draft amendment.   The proposed Plan Update has been provided to the City’s redevelopment and tax increment financing (TIF) partners -- the County of Volusia and Halifax Hospital.   Additionally, copies of the CRA Plan Update have been provided to the Port Orange/South Daytona Chamber of Commerce and VCARD, and all Eastport Business and Property owners were mailed notice of the impending Plan Update.  Pursuant to Florida Statutes, the City Planning Commission will review the proposed Plan amendments on March 25, 2010 for conformance to the City’s Comprehensive Plan.   Upon recommendation for approval by the CRA and Planning Commission, the City Council may adopt the proposed Eastport Business Center Community Redevelopment Plan 2010 Update.  Staff recommends approval.

 

Second Reading:               April 27, 2010

 

City Manager’s Comments: The Eastport CRA will review the plan at 5:30 p.m. and provide a recommendation to the City Council.  Some weeks ago, the draft of the plan was reviewed by the Eastport CRA.  This is the final version of the plan.  The County and the Hospital District have received copies of the proposed plan.  This plan is ready for the City Council’s approval.

 

Item 25 -        Resolution No. 10-19  - Volusia County Local Mitigation Strategy

 

The City is a partner and participant in Volusia County’s emergency management efforts to protect our citizens.   This resolution supports the County’s Local Mitigation Strategy that includes many City projects that mitigate the impacts of natural and man-made disasters.

 

Staff recommends that Council approve the attached resolution authorizing the City’s support of Volusia County’s Local Mitigation Strategy.

 

City Manager’s Comments: The City of Port Orange has been extremely active in obtaining funding for local mitigation projects.  The County, working with each of the individual municipalities, has developed the mitigation strategy and plan.  Many of the projects that are included in the plan are needed to help address flooding conditions that exist in certain areas of Port Orange.

 

 

J.                  COUNCIL COMMENTS

 

Item 26 -        Comments/Concerns from Council Members

 

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

 

 

 

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