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

                        October 26, 2010

 

Date:               October 20, 2010

 


The City Council will conduct a Workshop on Tuesday night at 5:30 p.m.  The purpose of the workshop is to review service levels for Community Development Department and the Public Works Department. 

 

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 Management will make a report to Council regarding the activities of the Golf Club at Cypress Head.

 

 

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

 

 

D.           CONSENT AGENDA

 

Item 5 -           Project Managers Report

 

Attached are the Project Managers’ Reports.  If you have questions, please contact any of the Project Managers or me.  Staff recommends acceptance of the reports.

 

Item 6 -           Deductive Change Order #1 with the County of Volusia for Williamson Blvd Phase II Related to the Joint Project Agreement

 

The County of Volusia through a contract with Stevens Counts Inc. over the past two years completed the construction of Williamson Blvd. Phase II a Joint City–County Roadway Widening Project. By our City following through on this joint project agreement with the County of Volusia significant construction dollars and administrative costs have been saved.

 

This joint effort between the City and County over the past 2 years to widen this roadway has helped to improve traffic flow on Williamson Blvd. south of the Moody Bridge extending southward to the Cypress Head Development. The County’s roadway plans consisted of constructing this roadway with storm water treatment systems along with retention ponds and the coordination of all other related utility relocations required.  Construction is now substantially complete. The County’s construction management staff worked quite effectively with City Staff, and our engineering consultant team to add and delete work as required during the entire duration of the project.  The project team has now determined and are now in agreement on final unit quantities for the City’s Utility Cost Share amount and this Deductive Change Order #1 will serve to reduce the existing purchase amount accordingly so that these funds may be used for the Sanitary Sewer System Rehabilitation Project.  Your approval of this deductive change order in the amount of $199,000 on our existing Purchase Order to the County of Volusia Purchase Order is hereby requested at this time.  We still await the final reconciliation of costs on the final roadway improvements of which the City’s agreed cost share is 25% of the final total roadway costs.

 

Item 7 -           Addendum #81 to Engineering Services Contract with Quentin L. Hampton

 

This addendum authorizes engineering services for three projects.  First, the Garnsey Water Treatment Plant Backwash Pumps and Filter Backwash Piping Upgrades will make the plant compliant with the new EPA Groundwater Rule.  When completed, the treatment plant modifications will improve the safety and reliability of our potable water by ensuring 99.99% efficiency in removal of any viruses that inadvertently contaminate the raw water supply.  Engineering fees are projected to be $56,610.

 

Second, the Reclaimed Water Plant Reservoir Storage and Discharge Permit Modifications is an attempt to modify existing FDEP & SJRWMD permits governing the operation of the 175-acre lake system.  If approved by the agencies, it will provide 142 million gallons of additional reclaimed water storage in the lakes.  Furthermore, it will allow for intentionally surcharging the lakes to overflow into the adjacent wetland system.  This would provide the City with a second discharge for excess treated effluent (in addition to the existing Halifax River outfall).  The engineering cost is estimated at $139,460.

It should be noted that while neither of these two projects was originally anticipated during the development of the CIP, both represent a desirable enhancements to the efficiency of our existing operations.  Therefore, in order to implement these enhancements without creating delays in the implementation of improvements programmed in the FY11 CIP, surplus operating funds from FY10 were earmarked for carryover into 40102005336400 and 40104005356400 respectively for the two projects.

 

The third project, the Reclaimed Water Plant Clarifier Modifications & Improvements, is essential in order to replace the two northern clarifiers.  Originally installed in 1988, these units were refurbished around 2000.  Both have now reached the end of their reasonably expected useful life, and require replacement.  Engineering fees are estimated at $81,230 and funding is available SSP002 Sewer Plant Improvements. 

 

In each project, the Engineer shall include preparation of contract specifications, civil, mechanical, structural and electrical bid document plans, land surveying, permitting, bidding assistance, contract administration and inspection services.  The Engineers shall be compensated as described in Article III subparagraph A of the February 14, 1980 Agreement between Quentin L. Hampton Associates, Inc. and the City of Port Orange.

 

Staff recommends that Council approve Contract Addendum No. 81 with the firm of Quentin L. Hampton Associates (QLH) pertaining to engineering services, and authorize the Mayor and City Manager to execute the associated contract documents

 

Item 8 -           Forest Management Services FY 2011

 

CPH Engineers, Inc. provides forest management services on behalf of the City of Port Orange within the boundaries of the 15,000 acre central wellfield property.  Under the terms and conditions of its current 5-yr agreement with the City, CPH’s primary responsibilities include:

 

1.         Wellfield/Forest Management and Protection

2.         Wildfire and Storm Protection

3.         Wetland Mitigation Banking  

4.         Gopher Tortoise Mitigation Banking

5.         Enforcement of Hunting Lease Agreement and Special Events 

 

The current contract for these forest management services extends through March 1, 2012.  Operating revenues generated within the Forestry Management (420 Fund) and the Wetland Mitigation (416 Fund) provide the necessary funding for the protection and management of the wellfield property.  Funding for the proposed services is budgeted in the following accounts:   

 

Forestry Management 420-1000-580-3163         $ 42,510

Wetland Mitigation 416-0300-580-3113                 15,000

Total                                                                           $ 51,510

 

Staff respectfully recommends approval of proposed management services for FY 2010-11 in accordance with current authorized contract terms and conditions.

 

 

 

Item 9 -           Revalidation for Sole Source Vendor and Approval of Purchase Order to Biological Consulting Services for Annual Water Level Monitoring and Reporting for Central Wellfield and Reclaimed Lakes

 

By its action on September 28, 2010, City Council approved Biological Consulting Services (BCS) as sole source provider for biological and hydrological data collection services.

 

Since the initial installation of water production wells in the Central Wellfield in 1987 to the present day expansion of the 175-acre reclaimed water reservoir and wetland mitigation banking, BCS has provided all biological and hydrological data collection, report preparation, and subsequent submittals on behalf of the City to the SJRWMD, FDEP, and ACOE required for regulatory compliance.  BCS has also assisted in negotiation of regulatory agency permit conditions and subsequent revisions thereafter. 

           

Contracting with BCS maintains the consistency and integrity of the data collection in the field, and the subsequent analyses. It also ensures that the ultimate submittal to the regulatory agencies is consistent with previous submittals.  Ultimately, because of BCS’s unique hands-on history in the development of these lands for the purposes described, having them continue to perform these services provides confidence that the City will continue to comply with all regulatory permits associated with water production, reclaimed water recharge, and storage. 

 

The Public Utilities Department respectfully recommends awarding of a purchase order to Biological Consulting Services in the amount of $31,400.00.  Funding for these services is budgeted in the 401-0900-536-3113 account.

 

Item 10 -        Revalidation for “Piggy-back” of Volusia County Contract #08-B-165KW Backflow Device Testing and Certifications Awarded to Aaron’s Backflow Services, Inc. and Validation of Purchase Order for FY 2010-2011  

 

By their original action on October 28, 2008, City Council approved the means to “piggy-back” Volusia County Contract #08-B-165KW for Backflow Device Testing and Certifications, awarded to Aaron’s Backflow Services, Inc. 

 

Per FAC 62-555.360, the City is required to maintain a cross connection program.  The program includes annual testing and inspection of all backflow prevention (BFP) devices.  BFP’s are typically installed immediately after the meter on potable water services.  Their purpose is to protect the city’s drinking water system from potentially being contaminated by pollutants that may be injected into the drinking water plumbing after the point of connection to the city system. City policies place the responsibility of testing and maintaining BFP’s on the owner of the backflow device.  In the case of commercial and multi-family developments, the parcel owner must provide the required annual testing.  However, the City itself bears this responsibility for residential connections.

           

The current County price agreement remains in effect through September 30, 2013. Aaron’s Backflow Services, Inc. has agreed to perform the same services for the City of Port Orange and honor all prices and terms of the agreement through September 30, 2013. 

 

The Public Utilities Department respectfully requests City Council approval to revalidate the “piggyback contract”, and validate the purchase order issued to Aaron’s Backflow Services, Inc. in the amount of $129,000.  Funds have been budgeted in FY2010-11 under Professional Services account 40108005363113 specifically for this purpose. 

 

Item 11 -        Emergency Work Authorization to Professional Pipeline Services for Pigging of Major Sanitary Sewer Force Mains on Williamson Blvd and Willow Run Blvd.

 

Recently we have been experiencing significant difficulty with elevated force main operating pressures, extended pump station run times, and a few temporary pump station failures in the area of Williamson Bld. just north of Taylor Road, and along and north of Willow Run Blvd.  City crews have been actively working to improve sewage flow over the past two weeks to improve the situation by attempting flush the system with limited to no success.  Indications now are that we have a significant blockage of our force main system in the area of  I-95 crossing and Willow Run Blvd.  Force mains in that area of our system have been operating at higher than normal pressures and lift stations are experiencing higher than normal run times as a direct result of this partial but significant force main blockage. 

 

This emergency work authorization will be for the cleaning (pigging) of 4 miles of sewer force mains along Williamson Blvd. under I-95, and along Willow Run to the old Police Station location.  This procedure will reduce the existing elevated operating pressures currently experienced in this area of our City, improve force main operating efficiencies, and reduce energy costs on the lift stations operating within this northwestern quadrant of our City.    Partial or complete sewage blockages can contribute to excessive pipeline pressures which in turn may cause pipes and pump station failures. High force main operating pressures may also contribute to higher electrical bills and could eventually create overall failures of our sewer collection system.  This must be avoided.  

 

Professional Piping Services, Inc. has successfully completed pipeline rehabilitation work for us, countless times over the years. They specialize in the pigging method to clean and rehabilitate pressure mains and are currently the “pigging experts “in this field.  Their quote provided is consistent with and actually lower then recent equivalent unit pricing work authorizations which we have kept on file. We request your approval at this time to waive the normal purchasing and bidding procedures and validate the Professional Piping Services, Inc. Purchase Order in the amount of $36,872 .for the necessary sanitary sewer system rehabilitation efforts. Funds are currently available in the Sewer System Rehabilitation Project #URH001, account number 421-0401-535-6397 to cover this required work effort.

 

Staff recommends Council validate a previously approved work authorization for $36,872 being issued to Professional Piping Services, Inc., whereby normal bidding procedures were waived, and to authorize the City Manager to approve all required future payments under this existing work authorization.

 

 

E.           FINANCE (John Shelley)

 

Item 12 -        Resolution No. 10-92 – Budget Appropriations

 

At the City’s fiscal year ending September 30, 2010, budget appropriates lapse.  The attached Resolution reestablishes these appropriates for funding the Federal Fish and Wildlife grant and the Russell Landing grant projects, that were either not completed or started by the fiscal year end.  These carryover appropriations reestablish proper budget project funding and budgetary alignment of projects. 

 

Staff recommends approval of the attached Resolution.  Please see the attachments for the specific detail.

 

F.            COMMUNITY DEVELOPMENT (Wayne Clark)

 

Item 13 -        First Reading – Ordinance No. 2010-32 – Illicit Discharge and Detection Elimination

 

The City of Port Orange, applicant, proposes to amend the Land Development Code (LDC) by establishing Chapter 10, Article III.  The proposed changes will implement federal requirements into the City’s stormwater management program for preventing illicit discharge into the City’s Municipal Separate Storm System (MS4).  As part of the National Pollutant Discharge Elimination System (NPDES) permit, local municipalities are required to develop a program to prevent any discharge into a storm drain system that is not composed entirely of stormwater.  If approved, the amendment would update the LDC to establish Chapter 10, Article III

 

Planning Commission Action: June 24, 2010

Recommended approval, 6-0 to establish Chapter 10, Article III of the Land Development Code.

 

Environmental Advisory Board Action: July 15, 2009

Voted unanimously to recommend amending Chapter 10, Article I Section 5 of the Land Development Code.

 

Staff recommends Council adopt Ordinance No. 2010-32, as recommended by Planning Commission and the Environmental Advisory Board

 

Item 14 -        First Reading – Ordinance No. 2010-33 – Approving an Amendment to the Master Development Agreement/Pavilion PCD 3rd Amendment – Case No. 10-40000002

 

The purpose of the third amendment is to allow wall signs on the second story of the two-story office/retail buildings for the tenants on the upper level. All outstanding technical comments have been addressed.

 

PLANNING COMMISSION ACTION:      September 23, 2010

Recommended approval (5-0, Commissioners Barker and Booth, excused) subject to resolution of outstanding issues and review by the City Attorney as to legal form and content.  The purpose of the third amendment is to allow wall signs on the second story of the two-story office/retail buildings for the tenants on the upper level. All outstanding technical comments have been addressed.

 

Staff recommends Council approve Ordinance No. 2010-33, approving the Master Development Agreement for the PAVILION PCD 3RD AMENDMENT, as recommended by the Planning Commission.

 

Item 15 -        Resolution No. 10-93 – 10-350000005/Proposed Easement Vacation – Lot 63, Oakland Park , Phase II Subdivision ( 6070 Central Park Blvd. )

 

The Community Development Department has received an easement vacation application for Lot 63 of the Oakland Park, Phase II Subdivision. The property owners have made this request in connection with building permit applications to construct a pool, pool deck, and pool enclosure in to the proposed easement 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. Contractors have submitted building permit applications for the proposed structures. The pool, deck, and screen pool enclosure will not exceed required minimum setback distances or the minimum open space requirement for the lot. Release letters have been obtained from all franchise utility companies and there are no currently planned drainage or utility improvements proposed for the subject areas in the future. The easement areas may be vacated, as described in the attached Exhibit “A”, to the extent that they are not being used

 

Staff recommends Council approve Resolution No. 10-93 vacating a portion of the westerly rear yard 10.00-foot wide Drainage and Utility Easement located on Lot 63 of the Oakland Park, Phase II Subdivision, per the attached legal description.

 

 

G.           ADMINISTRATION (Ken Parker)

 

Item 16 -       First Reading – Ordinance No. 2010-34 - Amending Sections 2-27 and 2-30 of the Code of Ordinances Relating to Salary for the Mayor and all Other Members of the City Council

 

The Mayor and City Council agreed to reduce their salaries by 5%.  Currently the Mayor’s salary is $18,600.  After the new City Council takes office, the Mayor’s salary will be $17,670.  Currently, the City Council members earn $13,600.  After the new City Council takes office, the Council members will earn $12,920.

 

By Charter, the council can only adjust salaries during an election year.  Second reading will occur on November 9.  The effective date is when the new Council takes office on December 7, 2010.

Staff recommends Council approve Ordinance No. 2010-34.

 

The City Council agreed to reduce their compensation by 5%.  This Ordinance reflects that change.  The effective date of the change is when the new City Council takes office in December as required by the City Charter.

Item 17 -        First Reading – Ordinance No. 2010-35 – Amending Section 22-3 of the Code of Ordinances Relating to When Elected Officers Take Office

 

The purpose of this ordinance is to provide consistency with the Charter and to specify when the duly elected council members shall take office.  Staff recommends Council approve Ordinance No. 2010-35 Amending Section 22-3 relating to when Elected Officers take office.

 

City Manager Comments: Several years ago, the citizens changed the Charter related to when members of the City Council took office.  I moved that date from January to December.  This Ordinance change simply brings the Code of Ordinances into compliance with the Charter.

 

Item 18 -        Resolution No. 10-94 - Agreement with FDOT for Median Improvements on S.R.421/Dunlawton Avenue in the Town Center CRA

 

Quentin L. Hampton Associates has been under contract with the CRA since January 2009 for the design of median improvements on U.S. 1 & Dunlawton Avenue in the Town Center CRA.   FDOT permitting and bid assistance remain to be fully accomplished under this contract.  The project has been broken down into two segments – S.R. 421/Dunlawton Avenue from Spruce Creek Road to U.S. 1, and U.S. 1/S.R. 5/Ridgewood Avenue, from Dunlawton to the northern City limits.   FDOT requires approval of a landscape license agreement for each segment of this project.  While adequate funding is not available to proceed with construction at the present time, staff recommends approval of this agreement so final FDOT approval can be secured.

 

Staff recommends Council approve Resolution No. 10-94 approving a Landscaping Construction and Maintenance Memorandum of Agreement with the Florida Department of Transportation for median improvements on S. R. 421/Dunlawton Avenue in the Port Orange Town Center Community Redevelopment Area, and authorizing the Mayor and City Manager to execute all documents required for this purpose.

 

Item 19 -        Resolution No. 10-95 - Agreement with FDOT for Median Improvements on S.R.5/U.S.1/Ridgewood Avenue in the Town Center CRA

 

Quentin L. Hampton Associates has been under contract with the CRA since January 2009 for the design of median landscaping improvements on U.S. 1 & Dunlawton Avenue in the Town Center CRA.   FDOT permitting and bid assistance remain to be fully accomplished under this contract.  The project has been broken down into two segments – S.R. 421/Dunlawton Avenue from Spruce Creek Road to U.S. 1, and U.S. 1/S.R. 5/Ridgewood Avenue, from Dunlawton to the northern City limits.   FDOT requires approval of a landscape license agreement for each segment of this project.  While adequate funding is not available to proceed with construction at the present time, staff recommends approval of this agreement so final FDOT approval can be secured.

 

Staff recommends Council approve Resolution No. 10-95 approving the Landscaping Construction and Maintenance Memorandum of Agreement with the Florida Department of Transportation for median improvements on S. R. 5/U.S. 1/Ridgewood Avenue in the Port Orange Town Center Community Redevelopment Area, and authorizing the Mayor and City Manager to execute all documents required for this purpose

 

Item 20 -        Resolution No. 10-96-  Accepting the Feasibility Study and Engineering Design Report for Nova, Reed and 11th Street Flood Control Improvements and Integrated Water Resource Project

 

The City Council recently discussed the findings, recommendations and costs outlined in the above mentioned report.  The attached Resolution is to accept the report and work toward incorporating some of the projects into the City’s planning efforts as feasible.

 

Staff recommends Council approve Resolution No. 10-96 - Accepting the Feasibility Study and Engineering Design Report for the Nova, Reed and 11th Street Flood Control Improvements and Integrated Water Resource Project.

 

City Manager Comments: This Resolution formally accepts the feasibility study that was prepared for the Nova/Halifax Canal System.  The City Council reviewed the report several weeks ago.  The Resolution does not commit or require any of the cities to provide financial assistance to help another city.  It does provide that we will support each others efforts in obtaining financial assistance to put the improvements in place over time.  Joint participation and joint projects can be done under the Resolution.

 

 

H.           COUNCIL COMMENTS

 

Item 21 -        Comments/Concerns from Council Members

 

At this time council members may discuss various matters or concerns.

 

Item 22 -        City Council Committee Reports

 

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

 

 

 

 

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