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 27, 2010

 

Date:               April 20, 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

 

At this time, a representative of KemperSports will make a report to the Council regarding the activities of the golf course.

 

C.                CITIZEN PARTICIPATION (Agenda)

 

Item 5 -           Financial and Actuarial Review of General Employees Defined Benefit Pension Plan as of 9/30/09 and Subsequent Financial Activity Through 3/31/10 Report

 

Attached is the Annual Valuation Report of the City of Port Orange General Employees Defined Benefit Pension Plan as of 9/30/09 and a copy of the cost and market summary and related financial activity through 3/31/10.  David G. Leonard, Actuary for the Pension Plan, will be present to review the attached reports with City Council and answer questions pertaining to the Plan’s financial position, transactions, or benefit computations.  This item is presented for discussion and review only at this time.

 

City Manager’s Comments: Last year, the City Council requested each of the Pension Plan Actuaries to appear before the City Council and make a presentation.  David Leonard is the Actuary for the General Employees Pension Plan.  He will be present on Tuesday night to make a presentation to the City Council related to the General Employees Pension Plan.

 

Item 6 -           Presentation by Julie Santoro from Sign-O-Rama

 

Julie Santoro from Sign-O-Rama has requested to make a presentation to Council of a large City of Port Orange logo sign to be used at the new Police headquarters or any other City facility.

 

D.                CITIZEN PARTICIPATION (Non-Agenda)

E.                 CONSENT AGENDA

 

Item 7 -           Project Managers Report

 

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

 

Item 8 -           Pre-Qualifications for General Roofing Firms

 

Twelve submittals were received for the above-referenced request.  These submittals were for pre-qualification to submit bids for the upcoming three (3) roofing projects.  The Selection Committee, comprised of Allen Green, Mayor; Shannon Lewis, Assistant City Manager; Kerry Leuzinger, Building Official; Russ Rafferty, Assistant Fire Chief; and Michael Hill, Community Development Engineer, developed the following short list, comprised of 6 firms in no particular order:  Division 7 Roofing; J. Register; Rowe Roofing; Cheeseboro Roofing; PKC-Wayne’s Roofing; and R & R Industries.  Staff recommends that Council approve the short list ranking developed by the appointed selection committee of general roofing firms that will be invited to bid the City Hall, Allen Green Center, and Fire Station No. 73 roofing projects.

 

Item 9 -           Tank Mixing Pilot Project for Water Storage and Distribution System

 

In an effort to achieve optimal water quality for water customers while also maintaining system efficiency and cost effectiveness, staff has reviewed a number of technologies for the purpose of improving water circulation within our water storage tank facilities.  The principle behind active mixing in water storage tanks is to ensure uniform distribution of disinfectants and prevent stagnant water areas. Well-mixed tanks consume fewer disinfectant chemicals, produce fewer disinfection by-products, and eliminate the need for energy-intensive and costly deep-cycling or flushing.

While several tank mixing technologies exist, the applications are distinctive to the method of operations employed by water service providers throughout the country.  In evaluating and determining a mixing unit most suitable for our type of system, staff considered a number of factors, including but not limited to (1) mixing method and product quality; (2) compatibility with existing water plant technology; (3) energy usage; (4) operational savings; and (5) equipment and installation cost.  Based on this criterion, staff is recommending the purchase of a Solar Bee mixing unit in the amount of $49,611.00. The unit is a combination of stainless steel and non-corrosion polymer construction and is compatible with the water plant’s existing SCADA monitoring system. There are no additional electricity costs, as the system is powered by solar panels secured on top of the storage tank. Because of the remote monitoring capabilities, process control is more efficient and chemical feed control is anticipated to be more cost effective.  Finally, the installation of this type of mixing system will not require penetration of the tank wall which could potentially compromise the overall integrity of the storage tank.              

The City has four water storage tanks with a capacity of 5.5 MG. There is a 1.0 MG tank at the Garnsey Water Plant, a 2.0 MG tank at Cypress Head, a 1.5 MG tank in Daytona Beach Shores, and a 1.0 MG in Wilbur-By-the-Sea.  The proposed mixing unit will be installed at the Cypress Head facility as this tank has historically incurred the problems with biofilm adhering to the surface floor and walls as well as maintaining consistent chloramines residual necessary for proper disinfectant.  If the mixing unit performs as well as expected, additional units may be planned in future budget years.

 

In accordance with City Purchasing Policies and Procedures, staff recommends waiver of bidding requirements where compatibility and standardization is determined to be in the best interest of the City and where the market is not conducive to solicitation of bids due to innovation and the distinctiveness of this product.  Funding for the tank mixing system is available in account number 401-0200-533-6400.

Staff recommends Council approval to waive bid procedures for standardization and system compatibility purposes and purchase Solar Bee water mixing unit in amount of $49,611.00.  

 

Item 10 -        Daytona Beach Electrical Joint Apprenticeship and Training Committee d/b/a Don Morgan Electrical Academy Lease Extension

 

In accordance with the terms and conditions of the existing lease agreement for 790 Commonwealth Blvd., the Don Morgan Electrical Academy has requested a five year lease extension.  In consideration for use of the property, they will provide in-kind services equal to the lease payment of $67,825.  A portion of the in-kind services will be performed on the softball fields at Coraci Park.

 

Staff recommends approval of the lease extension under Amendment No. 1 and the continuation of all other terms and conditions under the Lease Agreement.

 

Staff recommends that Council approve Amendment No. 1 to the lease agreement between the City of Port Orange and the Daytona Beach Electrical Joint Apprenticeship and Training Committee d/b/a Don Morgan Electrical Academy for a five year lease extension and authorize the Mayor and City Manager to execute all necessary documents.

 

Item 11 -        “Piggyback” Clay County Bid No. 08/09-3 with Musco Lighting for Lights at Coraci Park Field No. 4

 

Clay County currently has a contract with Musco Lighting Bid No. 08/09-3 for lighting equipment.  Staff would like to piggyback this contract for the purchase and installation of lights for Field No. 4 at Coraci Park in the amount of $132,000.  Funding for this project will be from Account No. 611 5100 572 6397, QPC034.  Staff recommends that Council approve piggybacking Clay County Bid No. 08/09-3 with Musco Lighting for purchase and installation of lights for field No. 4 at Coraci Park in the amount of $132,000.

 

Item 12 -        Request for Approval to Submit Projects for the MPO’s 2010 Transportation Improvement Program Priority List

 

Staff requests that the City Council approve and authorize submittal of applications for projects to be placed on the MPO’s 2010 priority list. The proposed applications to be submitted this year include:

·        Dunlawton Avenue/Spruce Creek Road intersection (Traffic Operations/ITS/Safety),

·        Herbert Street sidewalk and paved shoulders from Nova Road to Jackson Street (Bicycle/pedestrian facility), and

·        Dunlawton Avenue environmental mitigation/drainage (Enhancement project).

The traffic operations and bike/ped projects require a 25 % local government match, estimated at $430,255.  With the Enhancement project, the City pays for the project up front and is then reimbursed. Please see the attached memo for additional information.

 

Staff recommends that Council approve and authorize the City staff to submit applications for the 2010 Priority Project requests for transportation improvements to the Volusia Metropolitan Planning Organization (MPO).

 

City Manager’s Comments: We are working through the MPO to obtain funding for several different projects.  The City has under design the intersection improvements at Spruce Creek Road.  This is a Community Redevelopment Area and potentially qualifies for funds from the Eastport Redevelopment Agency.  Also, potentially, this project qualifies for Community Development Block Grant funds.  The Dunlawton Avenue environmental mitigation/drainage program potentially qualifies for Redevelopment Agency funding as well.  The bicycle path funding, if funded, would come from gasoline taxes.  Also, the gasoline taxes would be used as part of the local match for the turn lane improvements and the environmental/drainage enhancements.

 

Item 13 -        Bid Award B-10-09 – Renovations to Cypress Head Golf Course Clubhouse

 

Nine bids were received for the renovation (hardening) of the Cypress Head Golf Course Clubhouse.  The lowest responsible base bid was received from A. G. Pifer in the amount of $105,228.  There were two alternates requested.  Alternate #1 was for a fire sprinkler system and Alternate #2 was for a re-roof.  In their bid documents, A.G. Pifer provided a cost of $82,000 for the fire sprinklers and $67,070 for the re-roofing.  The City’s total budget allocation for the project is $186,340, including grant funds.

 

After the bid opening, A.G. Pifer advised staff that they inadvertently placed the cost for roofing as Alternate #1 and the cost of fire sprinklers as Alternate #2.  Even with the error A.G. Pifer remains the low bidder; however, awarding the base bid and re-roofing alternate brings the total cost $888 above budget with no allowance for contingency or permitting. The City Council may waive this error as a non-substantial irregularity and additional funds can be transferred to cover the difference or City Council could require the company to honor the price as incorrectly listed.  The City Council also has the option of awarding only the base bid.  The consulting architect and staff engineer have considered the age and condition of the existing roof and recommend its replacement, but because of the difficulty in determining how and when A.G. Pifer’s error was made, and because the City was not notified until after all bids were opened, staff recommends awarding only the base bid and planning for the re-roofing at a later date.

 

Funding for this project is budgeted in Account #451-0300-580-9212 and #001-1000-580-6200, Project AIA010.

 

Staff recommends that Council approve the B10-09 bid award to the lowest responsible bidder, A.G. Pifer Construction Co., Inc. in the amount of $105,228 for the base renovation bid and authorize the Mayor and City Manager to execute all necessary contract documents.

 

 

F.                 TABLED ITEMS

 

Item 14 -        Resolution No. 10-12 – Reimbursement of Grant Funds – Gamble Property (Tabled 2/16/10)

 

Staff recommends that this item remain on the table.

 

 

G.                FINANCE

 

Item 15 -        Resolution No. 10-21 - BER

 

The City Staff has completed a review of the Fiscal Year 2009 Budget Execution through February, 2010.  The attached budget resolution provides for the recognition of the budget changes recommended from this review.  Staff recommends approval.

 

Item 16 -        Monthly Financial Report

 

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

 

H.                 COMMUNITY DEVELOPMENT

 

Item 17 -        Second 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

 

Staff recommends approval.

 

Item 18 -        Special Exception for a House of Worship in the “PO” Zoning District – Port Orange Presbyterian Church

 

This is a request for a Special Exception to allow a house of worship to continue operating in the “PO” (Professional Office) zoning district and reserve the ability to develop a house of worship on the abutting parcels, subject to approval of the rezoning Ordinance 2010-6.  Please see the attached staff report for more information.

 

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

 

Staff Recommendation:   Staff recommends approval.

 

Item 19 -        Resolution No. 10-22 - Proposed Easement Vacation – Lot 32, Seminole Woods Phase I Subdivision (5943 Broken Bow Lane)

 

The Community Development Department has received a request to vacate a portion of the northerly 15.00-foot wide side yard Utility Easement located on Lot 32 of the Seminole Woods, Phase I Subdivision. The property owners have made this request in connection with a building permit application to construct a detached garage into the proposed vacation area.

 

The easement vacation application and legal description have been reviewed for completeness and accuracy. The area was inspected with respect to City Codes and possible effects to adjacent properties resulting in no outstanding concerns. The proposed structure will not exceed minimum required setback distances or total allowable building coverage for the lot. All franchise utility companies have provided their required easement release letters. There are no currently planned utility improvements proposed for this area in the future. The easement may be vacated, as described in the attached Exhibit “A”, to the extent that it is not being used.

 

Staff recommends that Council approve the attached resolution vacating the northerly 15.00-foot wide Utility Easement located on Lot 32 of the Seminole Woods Phase I Subdivision, per the attached legal description.

 

Item 20 -        Resolution No. 10-23 - Local Area Program (LAP) Agreement with the Florida Department of Transportation (FDOT) – (Eastbound right turn lane on Dunlawton Avenue at Village Trail)

 

The purpose of this Agreement is to provide for the Florida Department of Transportation’s participation in the project described above and to provide financial assistance to the City of Port Orange in accordance with the terms and conditions as described in the appended agreement.  The Project funding as specified in Exhibit “B”, Schedule of Funding identifies $20,995.00 funding for the design of the Dunlawton Avenue right turn lane.  Funds will be available during the FDOT Fiscal Year 2009-2010 on a 75% FDOT, 25% City match basis.

 

Funding for these projects is available in fund 312 (Transportation Impact Fee fund).

 

Staff recommends that Council approve the attached resolution implementing the LAP Agreement with the FDOT for the design of a eastbound right turn lane on Dunlawton Avenue SR 421 at Village Trail, FPN 427632-1-38-01 and to authorize the Mayor and City Manager to sign the agreement.  

 

City Manager’s Comments: For some time, we have been working with FDOT to have a right turn lane installed at Village Trail and Dunlawton.  This would authorize the Mayor and City Manager to enter into the agreement with FDOT for the design of the turn lane.  The DF makes reference to the match which would come from Port Orange Transportation Impact Fees.  The funds cannot come from Transportation Impact Fees.  Therefore, the local match would come from gasoline taxes. 

 

Item 21 -        Resolution No. 10-24 - Local Area Program (LAP) Agreement with the Florida Department of Transportation (FDOT) (Eastbound right turn lane on Willow Run Boulevard at Clyde Morris Boulevard)

 

The purpose of this Agreement is to provide for the Florida Department of Transportation’s participation in the project described above and to provide financial assistance to the City of Port Orange in accordance with the terms and conditions as described in the appended agreement.  The Project funding as specified in Exhibit “B”, Schedule of Funding identifies $17,525.00 funding for the design of the Willow Run Boulevard right turn lane.  Funds will be available during the FDOT Fiscal Year 2009-2010 on a 75% FDOT, 25% City match basis.

 

Funding for these projects is available in fund 312 (Transportation Impact Fee fund).

 

Staff recommends that Council approve the attached resolution implementing the LAP Agreement with the FDOT for the design of an eastbound right turn lane on Willow Run Boulevard at Clyde Morris Boulevard FPN 427621-1-38-01 and to authorize the Mayor and City Manager to sign the agreement.  

 

City Manager’s Comments: This is an intersection that the City of Port Orange has identified as needing improvements.  Also, this is an area that Warren Pike has identified as a maintenance problem.  He has proposed that the medians be removed at this location as one of the cost cutting proposals for the next budget year.  Because this project is on a City road, not a State or County road, the local match could come from City Transportation Impact Fees.

 

Item 22 -        Resolution No. 10-25 - Local Area Program (LAP) Agreement with the Florida Department of Transportation (FDOT) (Multi-purpose trail from City Center Drive to Nova Road)

 

The purpose of this Agreement is to provide for the Florida Department of Transportation’s participation in the project described above and to provide financial assistance to the City of Port Orange in accordance with the terms and conditions as described in the appended agreement.  The Project funding as specified in Exhibit “B”, Schedule of Funding identifies $106,615.00 funding for the design of the multi-purpose trail.  Funds will be available during the FDOT Fiscal Year 2009-2010 on a 75% FDOT, 25% City match basis.

 

Funding for these projects is available in fund 312 (Transportation Impact Fee fund).

 

Staff recommends that Council approve the attached resolution implementing the LAP Agreement with the FDOT for the design of a multi-purpose trail from City Center Drive to Nova Road FPN 247630-1-38-01 and to authorize the Mayor and City Manager to sign the agreement.  

 

City Manager’s Comments:  There is a lot of work that would need to be done in order to construct this bike path.  Many years ago, the City had an easement granted by FPL for a bike path through this area.  Because of the remoteness of the area, the City abandoned the path.  We retained the right for a reclaimed water line.  In fact, this is the route that the first reclaimed water line followed when reclaimed water service was established at City Center.  Does the City Council desire to construct a bike path that would eventually extend along the FPL easement from Nova Road to South Williamson?  If so, the City would need to think about more than just extending the path surface through this area.  There are lighting and security issues that would have to be addressed along the path.  For years, the City has discussed this path.  We discussed the path with the Coraci family prior to them selling land to the Presbyterian Church on Clyde Morris.  As I recall, the City retained a right to construct a bike path through the Church Property.  The City has an easement adjacent to Cross Creek.  We would need to secure additional land in order to extend to South Williamson.  Some people will voice concern about the bike path being located adjacent to their homes and their properties.  That is why it is important for the City Council to think about how a variety of issues will be handled in order to not disrupt the neighborhoods. 

 

 

Item 23 -        Resolution No. 10-27 - Policy and Procedure Guidelines for the City’s State Housing Initiatives Partnership (SHIP) Housing Rehabilitation Program

 

The City’s SHIP Local Housing Assistance Plan briefly outlines the strategies that the City intends to implement but does not provide enough detail to thoroughly administer, protect and enforce the intended results the City expects of the strategies.

 

Preparation and adoption of policies and procedures that outline the intent, the application process, eligibility guidelines, mortgage and note stipulations, property restrictions, subordination, and an appeals process for applicants who dispute an eligibility determination provide the level of assurance needed to responsibly implement the SHIP strategies.

 

Adoption of the Policy and Procedure Guidelines for the Housing Rehabilitation Program will provide the City with the additional protections necessary to confidently support all local determinations and processes.

 

Staff recommends that Council approve the attached resolution adopting the Policy and Procedure Guidelines for the City’s SHIP Housing Rehabilitation Program

 

Item 24 -        Amendments to Fiscal Year 2009 CDBG Action Plan

 

The following amendments to the FY 2009 CDBG Action Plan are submitted for approval by Resolution.  A public comment period has concluded and no citizen comments were received. 

 

            1. Elimination of Buschman Park Improvements activity in the amount of $100,000

 

            2. Amendment to existing project: Port Orange Adult Activity Center Improvements

                Increase funding from $128,772.00 to $228,772

 

Staff recommends that Council approve the attached resolution authorizing amendments to Fiscal Year 2009 CDBG Action Plan.

 

 

I.                     ADMINISTRATION

 

Item 25 -        Second ReadingOrdinance No. 2010-11 – Adoption of Eastport Business Center Community Redevelopment Plan 2010 Update

 

Staff recommends approval.

 

Item 26 -        Resolution No. 10-29 - Interlocal Agreement for Joint Use of Real Property – Volusia County School Board

 

The City of Port Orange and the Volusia County School Board have worked cooperatively over the years to share school and public recreational facilities at a variety of sites within Port Orange.  The attached agreement sets forth the terms and conditions for continued joint use of Creekside and Silver Sands Middle Schools.  Use of Horizon Elementary School is covered in a separate agreement and the City is no longer utilizing Spruce Creek Elementary or High Schools.

 

Staff recommends approval of the First Amendment to the Interlocal Agreement for Joint Use of Real Property.

 

Staff recommends that Council approve the First Amendment to the Interlocal Agreement for Joint Use of Real Property with Volusia County Schools and authorize the Mayor and City Manager to execute all necessary documents.

 

City Manager’s Comments: The City of Port Orange was the first Volusia County City to work with the School Board related to joint use agreements.  Over the years, we have seen the community change and the needs vary.  At one point, the City of Port Orange had joint use agreements at Spruce Creek High School and Spruce Creek Elementary School.  Then we added Silver Sands Middle School.  We had a rental agreement at Sugar Mill Elementary that allowed the City to hold a summer playground program at that location.  The agreement the City has with the School District related to Horizon Elementary School is entirely different.  It is a cross utilization agreement.  The City of Port Orange owns the playground area at the school.  In turn, the City of Port Orange has certain uses of school property in exchange for allowing the school to use City-owned property.  If the City Council adopts this joint use agreement, the school sites the City will be maintaining will drop to 2 (Silver Sands Middle School and Creekside Middle School).  Because of ownership of the property at Horizon, the City will continue to maintain the playground area.  We recommend the adoption of the Joint Use Agreement with the Volusia County School Board.

 

 

J.                  COUNCIL COMMENTS

 

Item 27 -        Comments/Concerns from Council Members

 

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

 

Item 28 -        City Council Committee Reports

 

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

 

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