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
Item 1 - Pledge of Allegiance
Item 2 - Silent Invocation
Item 3 - Roll Call
B. BOARD APPOINTMENTS AND INTERVIEWS
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.
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.
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
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.
Attached is the update on construction projects. If you have questions, please contact any of the Project Managers or me.
Attached is the report from Parks and Recreation. If you have questions, please contact Susan Lovallo or me.
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
This turn lane extension and pedestrian crossing
are part of the previously approved Transportation Improvements Cost Allocation
Agreement between the Pavilion at
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
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.
recommends the Council approve Change Order No. 8 in the amount of $115,441.00
for final changes to the
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.
The referenced project provides for additional harvesting and treatment
of stormwater ponds which are generally located in the area of
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
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
The referenced project was planned to provide for additional harvesting
and treatment of stormwater ponds which are generally located in the area of
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
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.
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.
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
E. TABLED ITEMS
Staff recommends that this item remain on the table.
Item 18 - “Piggyback” of
Miller Pipeline Contract with
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
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
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.
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
H. PUBLIC UTILITIES
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.
Since the early inception of our Reclaimed Water
Program back in 1992, state requirements have mandated the City of
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.
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
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.
The City is a partner and participant
recommends that Council approve the attached resolution authorizing the City’s
City Manager’s Comments: The City of
J. COUNCIL COMMENTS
At this time, Council Members may discuss various matters of concern.