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 June 22, 2010

 

Date:               June 15, 2010

 

 

A.                 OPENING

 

Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call

 

 

B.                 TOWN CENTER CRA

 

C.                CITIZEN PARTICIPATION (Agenda)

 

Item 4 -           Discussion – Electronic Sign Policy

 

A citizen inquiry was made concerning who can place messages on the electronic sign at the entry of City Center.  On September 24, 2002, the City Council adopted a policy related to who can place messages on the electronic sign.  The policy states that only sponsored and co-sponsored activities held at City Center shall be eligible to advertise on the electronic board.  Additionally, special events sponsored by the Port Orange Regional Library may be posted on the sign.  Palmer and the Y are authorized to place their messages on the board.  They are required to submit the message 30 days in advance.  Although the Policy requires City Council to approve the Palmer and Y messages, since the very beginning, the Council has allowed staff to handle the placement of the messages on the board as long as there are no conflicts without bringing the individual messages to the City Council.  Does the City Council desire to revise the policy to either remove one or more of the entities from placing messages on the board?  Does the City Council desire to revise the policy to reflect the past practice of delegation to staff?  Does the City Council desire to see the requests from Palmer and the Y to place items on the message board and approve the messages?

 

 

A.                 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 -           Approval of Additional Engineering Fees – Quentin L. Hampton Associates, Inc., - Sleepy Hollow Stormwater Ditch Improvements Project

 

Quentin L. Hampton Associates, Inc., has submitted the estimate of engineering fees associated with the construction phase of the Sleepy Hollow Drainage Improvements Project.  As shown on the attached, total fees for this phase will not exceed $64,695.00.  Funds are available in Account No. 41218005416397, Project DIP041.

 

Staff recommends approval of additional engineering fees in the amount of $64,695.00 to Quentin L. Hampton Associates, Inc., for the construction phase of the Sleepy Hollow Drainage Improvements Project.

 

City Manager’s Comments:  Normally, at the time of bid award, the City would have submitted the inspection and project supervision item forward to the City Council for approval.  When the Public Works Department began receiving bills for the inspection services and project supervision, they realized that this item had not been submitted to the City Council for approval.  The fees are in accordance with the contract provisions the City has with Quentin L. Hampton Associates.  If you have questions, please feel free to contact Warren Pike or Bobbi Palmer.

 

Item 7 -           Change Order No. 1 to the Miller Pipeline Contract for Sanitary Sewer System Rehabilitation Work at the Dunlawton Avenue 30” Gravity Sewer Collector System

 

Miller Pipeline is a local company based out of New Smyrna Beach, Florida which has recently completed approximately 12,000 linear feet of cleaning and televising the entire 30” gravity sewer collector system along Dunlawton Avenue.  No pipeline or pipe lining failures were observed.  This was great news!

           

After thoroughly cleaning and removing about 6” to 9” of debris, rocks and bricks deposited along the 30” gravity sewer collector system (see attached picture), a thorough inspection and review of the 32 manholes revealed infiltration and significant wear and tear requiring rehabilitation/repair at the bottom of the majority of these manholes.  These manhole deteriorations need to be repaired before a single catastrophic failure interrupts future wastewater flow.  It should be noted that in the past similar manhole replacements due to manhole base failure has cost $30,000 - $40,000 each.  A $1,500 - $2,000 per manhole cost now on this critical gravity collector system is a very wise investment.  Per copy of their letter, attached, Miller Pipeline has expressed their willingness per the City’s request to rehabilitate these manholes per listed unit prices.  We have reviewed their unit prices and found they are fair and reasonable and in-line with current industry pricing within our area.  We are confident that Miller Pipeline Corp. can continue to work with us and perform all work assigned to them in an acceptable manner.

             

We therefore request your approval at this time to approve this Change Order #1 for an amount of $45,020.00 to the Miller Pipeline Corp. for sanitary sewer rehabilitation.  Funds have been budgeted and are currently available in the Sewer System Rehabilitation Project # URH001 to pay for this work.

 

Staff recommends that Council authorize a Change Order #1 in the amount of $45,020.00 to be issued to Miller Pipeline Corp., under their existing contract with us for sewer system rehabilitation service at the Dunlawton Avenue 30” Gravity Sewer Collector System and to authorize the Mayor and City Manager to sign and execute all required contract documents.

 

Item 8 -           Extension of Continuing Surveying Services Contracts

 

In 2007, Council approved contracts with these five firms for a period of three years with the option for two – one-year extensions.  The original contract period will expire in August, 2010; and staff recommends the contracts be extended for one year.

 

Staff recommends that Council extend the Continuing Surveying Services contracts with Sliger Surveying Services Inc., Tomoka Engineering/Wade-Trim Inc., CPH Engineers Inc., Southeastern Surveying & Mapping Inc., and Dyer, Riddle, Mills & Precourt Inc. for one year and authorize the Mayor and City Manager to sign the documents.

 

Item 9 -           Voting Delegate – Florida League of Cities Conference

 

Attached is a letter from the Florida League of Cities asking that the City Council appoint a voting delegate for the annual Florida League of Cities Conference to be held in Orlando on August 19 to 21.  Vice Mayor Mary Martin is registered to attend this conference.  Staff requests that Vice Mayor Martin be appointed as the Council’s voting delegate during this conference.

 

Item 10 -        Waive Bid Procedures and Award B-23 Canal Dredging Contract to Ryan Southern, Inc.

 

The City has the unique opportunity to work cooperatively with the Florida Inland Navigation District (FIND), the Army Corps of Engineers (ACOE), and their contractor, Optimum Services, Inc., and subcontractor, Ryan Southern, Inc., to dredge the B-23 canal with the existing dredge equipment mobilized for the Rose Bay project and utilize the same pipeline and spoil island already in place and constructed. 

 

The ACOE has previously expressed a willingness to extend the demobilization period with Optimum Services to allow Ryan Southern the ability to dredge the B-23 Canal with the existing pipeline and equipment being used for the Rose Bay project and we are working to secure their formal approval.  Both Optimum Services and Ryan Southern have agreed to this arrangement so long as it does not interfere with their primary ACOE requirements.  FIND has agreed to allow the City to place up to 30,000 cubic yards of spoil material on their reserve containment site.

 

Ryan Southern has quoted the City the same per cubic yard dredging cost afforded to the ACOE at $12.00/cy plus the carrying cost of a letter of credit.  The price is inclusive of mobilization/demobilization, equipment, materials and insurance.  Because the firm is already mobilized in Rose Bay with a constructed pipeline to the FIND spoil island substantial cost savings are expected.  Based upon the engineer’s estimate, the savings could easily be over $130,000.  In addition, only Ryan will be capable of moving forward in an expedient fashion to take advantage of the ACOE project and efficiencies.  Under the contract, Ryan will provide the City with a letter of credit equal to 100% of the project cost and for each cubic yard dredged less than 30,000 cubic yards, the City will receive a credit of $2.35. 

 

Ryan’s proposal includes costs associated with seawall, pile and dock removal.  These actions and costs would only be initiated in accordance with the Release, Indemnity and Hold Harmless Agreement and Grant of Lien and Access Rights document that abutting property owners executed.  It states that if the property owner does not remove a fallen impediment to the dredging in a reasonable time, the contractor can remove it in order to proceed with the project.

 

Because of the unique circumstances and time constraints surrounding this project, staff recommends waiving the City’s bid procedures and awarding the B-23 Canal dredging contract to Ryan Southern, Inc.  A notice to proceed will not occur until permits are received from all applicable regulatory agencies.

 

Staff recommends that Council waive the City’s bid procedures and award the B-23 Canal dredging contract to Ryan Southern, Inc. in the amount of $376,200 and authorize the Mayor and City Manager to execute all necessary contract documents as prepared by the City Attorney.

 

City Manager’s Comment:  This is for the dredging cost only.  The City will be replacing seawalls on City-owned property along the canal.  It is important that the City move forward with this contract since the City can utilize the services of the Rose Bay dredge contractor. Shannon continues to work with the property owners to resolve any remaining issues.  As you are aware, there are property owners located north of Main Street that would not sign the waiver.  They claim they do not own the seawalls and, therefore, would not accept responsibility for the seawalls if they fell into the canal as the result of the dredging.  The City does not own the seawalls in this area. 

 

Item 11 -        Masci Public Improvements Agreement for Barcelo Development Inc.

 

Barcelo Development, Inc. has provided a Public Improvements Agreement for off-site public road improvements to Ridgewood Avenue including paving, curbing, sidewalk improvements and associated facilities. The improvements are part of the redevelopment of the site as a construction storage and garage facility for Masci Construction Inc. The agreement requires that this work is completed within one-year from the Development Permit issuance and that a one-year maintenance bond for the work be provided with the completion and final acceptance of the development.

 

Staff recommends that Council approve the Public Improvements Agreement for Barcelo Development, Inc.

 

 

B.                 FINANCE

 

Item 12 -        Resolution No. 10-41 - Utility Service Agreement – Colony in the Wood Mobile Home Park

 

The subject property was connected to the City water system on June 30, 2009, prior to annexing into the City. The property owner currently maintains a Florida Department of Environmental Protection (DEP) permitted stand-alone sewer plant (i.e. package plant) on the   property   and   has   jointly   prepared this Utility Service Agreement with the City that

establishes a timeframe for future connection to the City sewer system, addresses impact fees, existing improvements and other miscellaneous matters related to utility service to and on the property. The agreement is attached for your review.

 

Staff recommends that Council approve the attached resolution regarding water/sewer services, impact fees, existing improvements and other miscellaneous matters related to utility service to and on the property located at 4000 S. Clyde Morris Boulevard, subject to the adoption of the ordinance relating to annexation.

 

Item 13 -        Resolution No. 10-42 - Proposed Revisions to the City’s Investment Policy

 

The Investment Committee has reviewed the Investment Policies as previously set forth.  It is proposed that the Investment Policy be changed to meet current economic needs.  All changes can be seen in the attached draft.  Staff recommends approval.

 

Item 14 -        Monthly Financial Report

 

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

 

 

C.                COMMUNITY DEVELOPMENT

 

Item 15 -        Second Reading – Ordinance No. 2010-13 – Annexation – Colony in the Wood Mobile Home Park

 

Staff recommends approval.

 

City Manager’s Comments: Recently, Warren Pike and the owners of Colony in the Woods tested whether the garbage equipment used by Veolia could navigate the streets in Colony in the Wood without damaging property.  It was determined that the garbage trucks could not safely navigate the streets without damaging the property.  Colony in the Wood has asked to be allowed to continue collecting their own garbage since it would be difficult for the trucks to collect garbage and recycling without damaging the Park property.  I have indicated to Rob Merrill, the attorney for Colony in the Wood, that the City would reserve the right to serve Colony in the Wood with garbage service if the contractor provided the necessary equipment to do so on the narrow streets.  The only reason that we are asking the City Council to grant this waiver is because of the damage that the trucks would do to private property.  We need to make it clear to the owner of the property that if he assumes the responsibility for collecting solid waste within Colony in the Wood, it carries with it the responsibility to collect all solid waste, including debris as the result of a natural disaster.  The owner may not be eligible for reimbursement from FEMA since this is a private development.

 

Item 16 -        Second Reading – Ordinance No. 2010-14 – 10-1 Large Scale Comprehensive Plan Amendment (Colony in the Wood)

 

Staff recommends approval.

 

Item 17 -        Second Reading – Ordinance No. 2010-16 – Adoption of 2009 International Property Maintenance Code with Local Amendments

 

Staff recommends approval.

 

Item 18 -        First Reading – Ordinance No. 2010-17 – Amending Chapters 2, 16, 17, and 18 of the Land Development Code Relating to Green Roofs and Community Gardens (Continued to Date Certain of June 22, 2010)

 

In a continuous effort to promote a more sustainable future, the City will be reviewing the Comprehensive Plan and Land Development Code to remove barriers and to promote “green” development practices. As part of Phase III of the City’s Green Initiative, the City of Port Orange, applicant, requests approval of amendments to Chapter 2, 16, 17, and 18 of the Land Development Code, related to green roofs and community gardens. If approved, the subject amendments incorporate new definitions and establish requirements and incentives for green roofs and community gardens.

 

Planning Commission Recommendation: Recommended approval, 4-0 (One Seat Vacant; Commissioners Booth and Barker excused) on May 27, 2010.

 

Staff Recommendation:  Staff recommends approval of the attached ordinance amending Chapters 2, 16, 17, and 18 of the City’s Land Development Code for Case No. 10-25000005 regarding green roofs and community gardens.

 

Second Reading:   July 20, 2010

 

Item 19 -        Resolution No. 10-43 - Fiscal Year 2010-2011 Community Development Block Grant (CDBG) Action Plan

 

The City of Port Orange will receive $307,546 in fiscal year 2010-2011 Community Development Block Grant (CDBG) Funs.  The City has completed the public comment period and all necessary public notices regarding projects and activities selected for funding.

 

The following projects/activities have been selected:

 

Planning/Administration                                                       $  61,509.00

Adult Activity Center Improvements                                    $246,037.00

 

Submission deadline for the completed and approved FY2010-2011 CDBG Action Plan is August 15, 2010.

 

Staff recommends approval of the Fiscal Year 2010-2011 Community Development Block Grant (CDBG) Action Plan.

 

 

D.                PUBLIC SAFETY

 

Item 20 -        Presentation Regarding Feasibility of a Golf Cart Ordinance

 

Chief Monahan will make a presentation regarding the requirements for operation of golf carts on City streets.  A copy of the study and ordinance from South Daytona is attached.

 

City Manager’s Comments: There has been some interest expressed by citizens about being allowed to drive street legal golf carts in Port Orange.  Chief Monahan will make a presentation on this item.   There are required studies that must be done in order for a City to allow carts to be driven on streets.  It is my understanding that South Daytona’s study cost about $30,000.   Chief Monahan will provide the details related to using these types of carts on City streets.  I know people are looking for alternative methods of transportation to help offset the cost of fuel.  These road ready carts are one mechanism that citizens are exploring to help them control their budgets.            

 

 

E.                 ADMINISTRATION

 

Item 21 -        Second Reading – Ordinance No. 2010-15 – Amending Chapter 54, Article III, Section 54-48 of the Code of Ordinances Relating to Voluntary Member Contributions

 

Staff recommends approval.

 

Item 22 -        First Reading – Ordinance No. 2010-18 - Amending Sections 74-216 through 74-223 of the Land Development Code Relating to Water Conservation

 

In July, the City intends to apply for St. Johns River Water Management District Water Conservation Cost-Share funds for installation of FlexNet Water transmitters and Water Meters and education efforts.  The District seeks applications that implement strategies that implement water conservation efforts and help provide sufficient water resources for users and protect the environment.

In order to be eligible to apply for the funding, the City must adopt a Landscape Irrigation Ordinance that reflects the District’s promotion of resource conservation through new methods, technology and education efforts.

Staff recommends that Council approve the attached Model Water Conservation Ordinance for Landscape Irrigation.

 

Second Reading:   July 20, 2010

 

City Manager Comments: Some months ago, the City Council adopted revisions to the irrigation ordinance.  This is an amendment to that ordinance.  This Ordinance meets the criteria established by the Water Management District for irrigation.

 

Item 23 -        Resolution No. 10-44 - St. Johns River Water Management District Water Conservation Cost-Share Grant Application – Installation of Water Meters and FlexNet Devices in the Older Sections of the City

 

The City intends to apply for St. Johns River Water Management District Water Conservation Cost-Share funds for the installation of FlexNet Water transmitters and Water Meters at 700 homes.  This project will focus on the underserved sections of the City in terms of older meters and no FlexNet devices.

 

Once in place, the City can increase its meter reading abilities but also increase monitoring to address broken pipes, irrigation system issues, and over watering.  This proactive approach will reduce City and citizen costs.  Early identification of these events will conserve time, energy, and water.

The City seeks $84,000.00 from St. Johns and matches the request in the amount of $84,000.00.  The City’s match derives from the Meter Replacement account.  The total project cost is $168,000.00.

Staff recommends that Council approve the attached resolution authorizing the City Manager to submit a grant application to the St. Johns River Water Management District Stormwater Cost-Share grant program, authorize the Mayor and City Manager to executed any contracts or agreements, and provide a match.

 

City Manager’s Comments: The St. Johns River Water Management District is seeking applications for ways to help conserve water.  The City would like to apply for a matching grant to the Water Management District that would authorize the replacement of about 700 water meters to the new FlexNet system.  The FlexNet System is our automatic meter reading system.  The FlexNet system allows the City to identify broken pipes, unusual water usage, and other issues that would lead to high water bills.  It allows the City to read the meters remotely with a direct connection to the City’s computer system.  The City has a plan to change out the water meters over a several year period so that the City can read the water meters remotely.  This will save time and energy when the entire system is connected to the FlexNet system. 

 

Item 24 -        Resolution No. 10-45 - Authorizing the Dredging and Restoration of the B-23 Canal and Removal of Certain Structures

 

On December 8, 2009, the City Council authorized staff to draft and mail a Release, Indemnity and Hold Harmless Agreement and Grant of Lien and Access Rights for the B-23 Canal to the property owners abutting the canal.  The City is in receipt of executed documents from 29 of the 33 affected property owners.

 

Of the four property owners who did not return the agreements, three have indicated that they will not execute the document.  The remaining property owner recently purchased the property and is working with staff to finalize the necessary documents.

 

Letters were also mailed to seven properties that may have private structures on publicly-owned lands and asked that they be removed prior to March 1, 2010.  Staff indicated that the City Council may consider negotiating some type of agreement with the residents for future use after the improvements are made.  To date, none of the structures have been removed; however most individuals expressed their cooperation and were waiting to see what happened with the project.  This resolution will provide a mechanism to begin the removal. 

 

The City’s consulting engineers, Dredging & Marine Consultants, LLC (DMC), have analyzed the characteristics of the canal and have talked with the proposed contractor to determine project feasibility.  We believe that dredging can occur in the areas where the waivers were executed; however, it will mean that not all of the material previously permitted will be able to be removed.   The three property owners who will not execute the waivers are located in close proximity to each other on the northern end of the canal, so the dredging will have to stop south of those properties at an exact location still to be determined.

 

Because we did not receive 100 percent of the waivers, City Council authorization is needed to move forward with the project.  Staff recommends approval of the attached resolution authorizing the dredging and restoration of the B-23 Canal; requiring the removal of all structures that would delay the dredging project; and requiring the removal of all structures erected without authority on City property.

 

City Manager’s Comments: The City has to be extremely careful in the area north of Main Street.   As you know, at least one property owner has stated that they will not accept responsibility for the seawall should it collapse into the canal.  However, we do have the signatures of all the residents south of Main Street.  The agreements that have been signed will be recorded in the public record.   

 

Item 25 -        Police Forfeiture Trust Account

 

The Port Orange Police Department is requesting to use $10,000 from the police forfeiture trust as a reward in the missing person case of Laurel Rogers.  Laurel Rogers has been missing since February 1, 2010.  The following statute allows the use of such funds with City Council approval.

 

·        932.7055 – Disposition of liens and forfeited property:

 

5. (c) 1.     Such funds may be used only for school resource officer, crime prevention, safe neighborhood, drug abuse education, or drug prevention programs or such other law enforcement purposes as the board of County commissioners or governing body of the municipality deems appropriate.

 

Staff recommends that Council approve the use of $10,000 from the Police Forfeiture Trust as a reward for information leading to the whereabouts of Laurel Rogers.

 

 

F.                 COUNCIL COMMENTS

 

Item 26 -        Comments/Concerns from Council Members

 

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

 

Item 27 -        City Council Committee Reports

 

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

 

 

 

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