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 May 4, 2010


Date:               April 26, 2010



A.                 OPENING


Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call





Item 4 -           Recognition of Elementary School Art Contest Winners


The Port Orange Police Department, in cooperation with Wal-Mart, is promoting crime prevention in the City of Port Orange by sponsoring a Crime Prevention Art Contest at all six elementary schools in Port Orange – kindergarten through fifth grade.  First place winners from each of the six elementary schools will receive a certificate, a new bicycle, and a new bicycle helmet.  At this time, the Mayor and Council will recognize the winners and present them with their bicycles, helmet, and certificates.


C.                CITIZEN PARTICIPATION (Non-Agenda)

D.                CONSENT AGENDA


Item 5 -           Approval of Minutes


Attached are the minutes of the following meetings:


            March 2, 2010 -         Regular City Council Meeting

            March 4, 2010 -         Special City Council Meeting

            March 16, 2010 -       Special City Council Meeting

            March 16, 2010 -       Special City Council Meeting

            March 23, 2010 -       Regular City Council Meeting

            April 6, 2010 -            Special City Council Meeting

            April 6, 2010 -            Regular City Council Meeting


Staff recommends approval of the minutes as listed.


Item 6 -           Update on Construction Projects


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


Item 7 -           Update on Recreational Facilities


Attached is the update on Recreational facilities.  If you have questions, please contact Susan Lovallo or me.


Item 8 -           Road Construction Report


Attached is the Road Construction Report.  If you have questions, please contact either Warren Pike or me.


Item 9 -           Coraci Park Sports Concession Stand – Misiano Construction Company Final Change Order


Misiano Construction was required to do additional work to meet final inspection standards per itemized list.  This work was a requirement by City Code Inspectors before final inspection could be granted; therefore, we are requesting approval of Final Change Order to Misiano Construction Company for the additional work at a cost of $15,625.02 to complete the construction of the concession stand. 


Item 10 -        V&P Property Group Fee Adjustment


V&P Property Group, currently under construction at the Port Orange Business Park, has paid $156,667.43 of $202,981.78 for building-related fees.  From the initial amount, $46,364.35 has been deferred and is due prior to issuance of the Certificate of Occupancy. There was an error when calculating fees in the original fee proposal provided to V&P, and staff has worked with them to come to agreement on correcting the error.  Staff proposes to reduce the deferred fees by $36,577.79 to account for the difference and transfer funds from Account #001-1000-580-83-00.


There have been additional fees charged for plan modifications, fire alarm, and fire sprinkler system related activities.  These items will not be affected and will be charged as applicable.  This proposal will not affect any subsequent improvements or additions, and staff recommends approval.


Staff recommends that Council adjust building-related fees for V&P Property Group, LLC by $36,577.79 due to the difference between estimated versus actual costs.


City Manager’s Comments: The City included in its incentive package the payment of certain fees.  The incentives were paid from the proceeds of the land sale.  An initial estimate on building fees was provided to the architect.  The amount provided had some incorrect amounts.  The $36,577.79 credit reflects the correct estimate. 


Item 11 -        Change in Scope of Work for Nova Canal Flood Control and Integrated Water Resource Program


The City entered into a Joint Participation Agreement (JPA) with Eastern Volusia Regional Water Authority, City of Daytona Beach, City of Holly Hill, City of South Daytona, City of Ormond Beach, and Volusia County in September 2009 for a feasibility study and engineering design report related to the Nova Canal.    The initial scope focused on increasing the pumping capacities at 11th Street Canal, Reed Canal, and the end of the Halifax Canal.  After running the model, the consulting engineers found that just implementing this solution would not produce significant improvements; in fact, in the City of Port Orange, little to no improvements were actualized.  The Consultants were redirected by a majority of the JPA members to cease current work and focus on new alternatives.


The attached Scope of Work represents the evaluation of additional flood control components and a prioritized plan of implementation to achieve comprehensive flood control within the study area.  The original budget amount is sufficient to complete the work as proposed; however, the deliverable will be a study report and not final design(s) for permitting purposes.  City representatives have expressed concerns that the scope is not inclusive of all the necessary items that should be considered and has provided the following language for inclusion:


 Task 6, Number 9Analysis of suitable locations along the canal basin, identified by CDM/QLH and approved by City personnel, to provide for optimal source reduction through the construction of additional retention ponds.”


Staff recommends proceeding with the study and approving the change in scope so long as the requested language is inserted into the document and work program.  Staff believes it is vital to have sufficient information in order to determine what the most beneficial and economic improvements will be.  The scope of work does include evaluation of alternatives to identify the flood reduction benefits versus costs.


Staff recommends that Council approve the attached change in scope of work for the Nova Canal Flood Control and Integrated Water Resource Program subject to inclusion of the additional language requested by the City of Port Orange and authorize the Mayor and City Manager to execute the necessary documents.


City Manager’s Comments: This is a change in scope of work.  At this time, it does not increase the City’s commitment for additional funds.  There are funds available in the original agreement to cover the cost of the additional studies.  The project that now is envisioned does not include a pump at the end of the Halifax Canal.  As has been reported to you, the City would receive minimum benefit from the pump station at this location.  Task 6, Number 9 would provide the City with the optimal locations for additional retention ponds.  Already included in the scope is the evaluation of locations of the pumping stations.  It appears that the optimal location may be at Buschman.  This would allow the City to pump stormwater to the Halifax River when flooding conditions occur.


Item 12 -        Sole Source – Vehicle Equipment (Removal and Installation of Emergency Vehicle Communications Equipment)


The Police Department is requesting authorization for labor, equipment, and supplies as stated on the attached listed quote from Communications International to remove and re-install and connect the radios, radars, and related emergency equipment for 20 total replacement police department vehicles (10 replacement patrol cars, 5 replacement volunteer (VIP) vehicles, 3 replacement police motorcycles, and 2 replacement unmarked vehicles).  As stated, this quote also includes labor costs to remove, re-install, and connect said communications equipment into the new replacement vehicles.  The sole source quote from Communications International is $37,907 for all 20 replacement vehicles.  A copy of the quotation from Communications International is attached.  The funding source is Account No. 505 1000 580 6406.


Staff recommends that Council approve the sole source justification for labor, necessary equipment, and supplies regarding the removal and installation of emergency vehicle communications equipment (radios, radar, antennas, emergency light and siren equipment, etc.) on 20 total replacement vehicles from Communications International, which includes removing and re-installing the current police radios in the vehicles being replaced.



Item 13 -        Waive of Bid Procedure – Coraci Sports Park


There were eleven competitive bids received for the construction of a softball field at Coraci Sports Park.  Shoemaker Construction was the lowest responsible bidder for that softball field and was awarded the bid.  Because it was a competitive bid and Shoemaker’s prices were so favorable, it enabled the City to have enough remaining funds to construct the fourth field.  Using Shoemaker’s unit prices, which they are willing to hold, deducting items not required at the fourth field, and being presently on the project site, a bid waiver is being requested.  The cost for that fourth field is $93,627.64.  Staff recommends that Council waive bid procedures and allow Shoemaker to construct the fourth field as stated.  Funding for this project is budgeted in 611-5100-572-6397, Project QPC034.


Staff recommends that Council waive the bid procedure and award the construction of softball field No. 4 at Coraci Sports Park to Shoemaker Construction in the amount of $93,627.64.



E.                 TABLED ITEMS


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


On May 18, I will ask the City Council to remove this item from the table for a report.





Item 15 -        Second Reading – Ordinance 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


Staff recommends approval.


Item 16 -        Resolution No. 10-30 - Policy and Procedure Guidelines for the City’s State Housing Initiatives Partnership (SHIP) Down Payment Assistance 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, lender 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 Down Payment Assistance 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 Down Payment Assistance Program



G.                PUBLIC WORKS


Item 17 -        Resolution No. 10-31 - Contract for Sale and Purchase of Real Property for Drainage Improvements (Dunlawton Avenue at Spruce Creek Road)


As a result of the flooding in May, 2009, staff has been working with FDOT and private property owners to resolve the drainage situation that caused Dunlawton Avenue, a major hurricane evacuation route to be temporarily closed.  The impacted areas are south of Dunlawton Avenue and north of the Wastewater Plant.  This ½ acre (+/-) parcel is eastwardly and southerly of the FDOT pond on the corner.  This parcel is owned by Medical Associates, a general partnership, and will allow expansion of the existing pond.  This is one of several parcels City staff is desirous of acquiring in order to effect area-wide drainage improvements.  The owner has agreed to sell the property to the City of $139,000, being 15% above the MAI appraised market value.  Closing csts are estimated at $3,000.  Funds are available for this acquisition in Account No. 421 0400 535 6397, Project No. DIP 048.


Staff recommends that Council approve the attached resolution authorizing the Mayor and City Manager to enter into a contract to acquire a vacant parcel of approximately ½ acre (+/-) at the southeasterly corner of Dunlawton Avenue and Spruce Creek Road for the purchase price of $139,000, plus buyer’s closing costs, and to execute any additional documents necessary to close the transaction.


City Manager’s Comments: This is one of the parcels identified for retention ponds associated with the Dunlawton Project.   This parcel of land will allow the City to expand the existing pond on the corner of Dunlawton and Spruce Creek.  It will allow the City to slope the banks so that the pond can be maintained.  It will allow the City to place entry signage for Eastport at this location. 


H.                 PUBLIC UTILITIES


Item 18 -        Second Reading – Ordinance No. 2010-9 – Amending Chapter 11 of the Land Development Code Relating to Cross Connection Control Requirements


Staff recommends approval.


Item 19 -        First Reading – Ordinance No. 2010-10 – Amending Chapter 74, Article VIII, of the Code of Ordinances Relating to Adoption of the 2010 Manual of Cross Connection Control (Continued to Date Certain of May 4, 2010)


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.



I.                     ADMINISTRATION


Item 20 -        Resolution No. 10-32 – Calling a Primary and Regular Election Providing for a Qualifying Dates and Election Dates


This is election year.  The qualifying period for Port Orange elections is June 14 to June 18.  This Resolution establishes the qualifying period as well as the election dates.  The first election date where all candidates names will appear on the ballot is August 24.  The second election date, if needed, is November 2.  New City Council members will be sworn into office on December 7.



J.                  COUNCIL COMMENTS


Item 21 -        Comments/Concerns from Council Members


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