To:                   Mayor Allen Green

                        Vice Mayor Dennis Kennedy

                        Council Member Bob Ford

                        Council Member Donald Burnette

                        Council Member Robert Pohlmann


From:              Kenneth W. Parker, City Manager


Subject:          Agenda Commentary for Regular City Council Meeting of

                         February 1, 2011


Date:               January 26, 2011



Beginning at 5:30 p.m. the City Council will begin its review of the Goals for the City of Port Orange.  The Vision Statement serves as a guide for the City.  Shannon has looked at the Vision Statement to determine which of the City Departments, if any, are responsible for the accomplishment of the Vision Statement.  We will look at the first goals statement on Tuesday night, Education. 


At 6:00 p.m. the City Council will convene in a Special Session to honor and recognize both Citizens and Police Officers.  In the past, this recognition was done as part of a Police Awards Banquet.  However, because of tight budget conditions, the Department has asked that we conduct a recognition ceremony on three Tuesday nights in February prior to the regular City Council Meeting.




A.           OPENING


Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call




Item 4 -           Boy Scouts of America – Brad Doyle and Fred Griffith


A representative from the Boy Scouts of America will be present to speak.



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



Item 5 -           Board Appointments and Interviews


Parks and Recreation Board – 1 term to expire 2/15/14




Item 6 -           Approval of Minutes


Attached are the minutes of the January 18, 2011 – Regular City Council Meeting.  Staff recommends approval.


Item 7 -           Project Update/Parks and Recreation


Attached is the Project Update from Parks and Recreation.  If you have any questions, please contact Susan Lovallo or me.


Item 8 -           Construction Activity Report


Attached is the Construction Activity Report.  If you have any questions, please let me know.


Item 9 -           Proposed Change Order to the R&R Industries Contract for Additional Work Required at Fire Station 73 and the Allen Green Center


The $20,000 Change Order request was necessitated when after the tile roof at Fire Station 73 was removed, the existing 7/16” OSB (Oriented Strandboard) was determined to have deteriorated to the point it would not hold the nails or screws attaching the roof tile and will require re-decking with 5/8” CDX plywood and placement of 30# roofing felt.  The $10,404.94 Change Order was required to replace the rotted wooden roof deck encountered during re-roofing at the Allen Green Center.  The $6,004 credit is R & R Industries’ share of the cost incurred for repair of interior damage caused by a roof leak that occurred during the re-roofing of the building.


Fund   73314-1000-580.62-00                    CIP 008   = $ 20,000.00  Fire Station 73     

           106-1000-580-62-00                        AIO007    = $   4,400.94  Allen Green Center


Staff recommend that City Council approve three Change Orders to the R & R Industries contract for re-decking the Fire Station 73 roof in the amount of $20,000.00, replacement of rotted and damaged wooden roof material at the Allen Green Center in the amount of $10,404.94 and a credit of $6,004.00 for damage attributable directly to R & R Industries for a roof leak that occurred during re-roofing for a net change of $24,400.94.


City Manager Comments:  When the contractor pulled materials off the roof at Fire Station 73, they found the wood had deteriorated to the point that it would not receive the screws or nails for the roofing.  The wood is required to be removed and replaced before the roofing materials.  As pointed out in the agenda document, there were additional problems found at the Green Center that caused rotten wood to be replaced.  That is included in the change order. 


On February 15, 2011, the City will be bringing a change order to the City Council related to inspection services for Frank Flagg.  Because of the problems that have been encountered, the dollars that have been allocated for inspections services have exceeded what was approved by City Council.  We have found that the services that he has provided have been extremely valuable in making sure that the City is receiving the best product for the money. 


Item 10 -        Approval of Final Change Order and Payment to Masci Corp, Sleepy Hollow Drainage Improvements


Masci Corporation has completed the Sleepy Hollow Drainage Improvements project, Bid #B10-02, and they have submitted a final net deduction change order and invoice for approval.  As shown on the documents attached, Change Order #2 is a net deduction in the amount of $48,934.10 and is based on actual field adjustments.  Total project cost, with change orders, is $405,406.65.  Staff and the engineering firm, Quentin Hampton Associates, are satisfied with Masci’s performance and recommend approval of both the final Change Order and final payment for the amount of $118,199.97.


Staff recommends Council approve of Change Order No. 2, net deduction $48,934.10, and final payment in the amount of $118,199.97, to Masci Corporation for the completion of the Sleepy Hollow Drainage Improvements.


City Manager Comments: Masci Corporation did an excellent job on this project.  As you have heard from residents in Sleepy Hollow they were appreciative of the Masci workers and the outcome.  This project has addressed the erosion problems that have plagued the Sleepy Hollow neighborhood for many, many years.  If you have not had an opportunity to see the finished project, I would encourage you to visit the site and see the completed project.


Item 11 -        Approval of the Bid Award by the City of Daytona Beach Shores for South Atlantic Avenue Improvements related to the Joint Project Agreement with the City of Port Orange


The City of Daytona Beach Shores recently advertised and solicited bids on the South Atlantic Avenue Improvements Project. Our City previously entered into a joint project agreement with them in July of 2010 agreeing to work together in bidding and awarding our two projects jointly under one contract.  By working together and jointly contracting our two projects  together we will save in administrative and bidding costs as well as avoiding the added complexity of coordinating two contractors on very dependent work activities over an extended period of time. The City of Daytona Beach Shores will also serve as the project administrator, including securing the various bonds, insurance requirements, and in assisting in overseeing construction and other administrative job functions.


This joint project effort will help to improve pedestrian and bicycle traffic thru the area as well as to improve the potable water delivery system and the fire protection capacity to this redeveloping area along the beach. Our portion of the project includes the installation of approximately 2400’ of a 12” potable water main and 10 fire hydrants.  It will also provide the required water main and water service tie-ins necessary to maintain service at all times to our existing water customers in the City of Daytona Beach Shores.  As previously stipulated in the JPA Agreement included in our cost share amount is our 35% of the Maintenance of Traffic Costs as previously agreed.  


This project was recently competitively advertised for bid and 5 bids were publicly opened on January 19, 2011, see attached bid tabulation.  We jointly completed our review of the bids submitted, the bid tabulations, and have now reached agreement with the City of Daytona Beach Shores Staff that Thad Construction at $1,977,440 is the lowest responsive bidder. Your action to approve the issuance of a purchase order to the City of Daytona Beach Shores for a specified amount of $500,885 is needed at this time in order for us to fulfill the terms of our agreement and reimburse them for our required cost portion of the work as it progresses. Funds are currently available in the South Atlantic Ave. Utility Relocation Project, CIP - URL 009.


Staff recommends Council approve the funding of our portion of the pending bid award for Daytona Beach Shores South Atlantic Avenue Improvements Project per our existing Joint Project Agreement with the City of Daytona Beach Shores and to authorize the issuance of a purchase order to the City of Daytona Beach Shores for $ 500,885. 


City Manager Comments: This is a joint participation project with Daytona Beach Shores.  Thad Construction is the low bidder.  The City of Port Orange’s share for utility work is $500,885.  This will upgrade Port Orange water system in this area.  It will provide additional fire protection capacity.


Item 12 -        Purchase of Tank Mixing Unit for Water Storage and Distribution System


Last year, the Public Utilities Department installed a solar powered tank mixing unit at the 2- million gallon Cypress Head storage tank facility for the purpose of improving both water circulation and overall water quality. 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.

In FY 2011, the installation of tank mixing units has been programmed for the 1.5 million gallon tank facility at the Oceans Water Pumping Station and 1.0 million gallon tank facility at the Peninsula Water Pump Station.   

Each tank mixing 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 well secured on top of the storage tank. Because of the remote monitoring capabilities, process control is more efficient and chemical feed control has proven to be cost effective.  Finally, the installation of this type of mixing system does not require penetration of the tank wall which could potentially compromise the overall integrity of the storage tank.               

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 authorization of a purchase order to Solar Bee, Inc. in the amount of $79,079.00.  Funding for this project is available in Project WWP003 Water Plant Improvements.


Staff recommends Council approve to waive formal bid requirements for standardization and system compatibility purposes and purchase two (2) solar powered water tank mixing units for the Oceans and Peninsula Pumping Stations, authorize a purchase order to Solar Bee, Inc. in the amount of $79,079.00.


Item 13 -        Purchase of Hach Water Quality Analyzers associated with Sole Power Mixing Units at Oceans & Peninsula Potable Water Pumping Stations

In FY10, the Public Utilities Department retrofitted a solar-powered mixing unit at the Cypress Head Potable Water Pumping Station.  The system involved remotely-acquired real-time water samples coupled with actual measurements of water temperature variations within the tank, and then adjusted the chemical disinfectant dosage.   Our goal is to improve the quality of our finished water by maintaining a more consistent level of chemical disinfectants.  Ultimately, retrofitting all remote drinking water pumping stations should result in 1) reduced chemical costs; 2) improved water quality; and 3) improved operational efficiencies resulting from a reduction in the frequency of “shocking” the drinking water system with free chlorine. 


Based upon the favorable results witnessed at Cypress Head, we are now moving forward to implement similar tank mixing systems at the two remaining drinking water pump stations located on the peninsula, referred to as Oceans and Peninsula.  One key component necessary to implement the project is the installation of an ammonia/chloramine analyzer device remotely located at each pump station.  This water quality sampling device allows for real time analysis of water chemistry, enabling staff to adjust chemical feed systems accordingly.  As part of standardization of laboratory equipment and to ensure continuity and compatibility with existing infrastructure, staff has previously chosen the Hach APA6000 analyzer already in use at both the Garnsey Water Treatment Plant and the Cypress Head Pump Station.  We are requesting two additional units to be installed at the Oceans and Peninsula Pump Stations as part of a solar-powering mixing unit retrofit at each of these facilities. 


This project was included in the FY11 CIP.  Design, permitting, and installation will be accomplished entirely by Public Utilities staff.  Staff recommends authorization of a purchase order to the Hach Company in the amount of $33,364.35 and funds are available in Project WWP003 Water Plant Improvements.


Staff recommends Council waive the formal bidding requirements and approve the purchase of two (2) Hach APA600 Water Quality Analyzers for the Oceans & Peninsula Water Pumping Stations, and authorize a purchase order to Hach Company in the amount of $33,364.35.


Item 14 -        Change in Dredging Contract Terms


In June 2010, the City recognized 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 Council waived normal bidding procedures and authorized staff to prepare contract documents with Ryan Southern due to the fact that substantial cost savings would be achieved.  In addition, only Ryan was capable of moving forward in an expedient fashion to take advantage of the ACOE project and efficiencies.


At that time, Ryan Southern 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 was inclusive of mobilization/demobilization, equipment, materials and insurance and amounted to a total of $376,200.  Ryan initially proposed to provide the City with a credit of $2.35 for each cubic yard dredged less than 30,000 cubic yards.  These terms were guaranteed for 90 days.


Due to the amount of time that it has taken to complete the Rose Bay project, we are beyond the 90 day period and Ryan has requested an increase in the per cubic yard price of dredging in the amount of $13.50 to cover their additional fuel and labor costs as well as maintaining the disposal site as required by FIND and the ACOE with their equipment and crews.  They have also requested compensation for continuing the lease on their existing staging area which totals $6,000 for three months.  Staff visited the project site with Ryan and identified multiple areas where trees and brush would have to be removed in order to allow the dredge equipment to pass. 


In order to keep the total project costs the same ($376,200) while accounting for the items listed above, staff, in consultation with our marine engineering firm recommends that the City eliminate the $2.35 credit, but in its place require the contractor to cover the additional costs of staging as well as all necessary tree removal.  Additionally, the amount of material to be dredged would be set at a minimum of 22,000 cubic yards up to the maximum design of 25,736 cubic yards.  Finally, the price would include all labor and equipment needed to maintain the spoil disposal site.


The City has received all required permits for the dredging to commence.  Ryan has indicated that they would like to work Mondays through Saturdays in accordance with City Code and manatee protection requirements (7:00 a.m. to approx. 5:50 p.m.).  There will be no work on Sundays.  It is anticipated that the project would begin later this month.


Staff recommends Council approve amended contract terms and conditions with Ryan Southern, Inc. for dredging the B-23 Canal and authorize the Mayor and City Manager to execute all necessary contract documents as prepared by the City Attorney.


F.            FINANCE


Item 15 -        Upgrade the Current NCR 7731 Utility Payment Scanning Equipment with an NCR ITRAN 3000T


We desperately need to increase the speed of scanning the payments so we can keep the phones and counter covered.  With this upgrade we will also have the ability to utilize Check 21 which is a new means of sending out payments directly to the bank.  This will allow us to earn interest on our funds sooner.  NCR is the sole provider of the ITRAN 3000T hardware and this is the only upgrade possible for us given the software we currently use. Sungard, our software provider, lists Creditron as their only approved solution provider for this scanning purpose. This system has worked very well for us.  Attached is letter from Sungard stating that Creditron is their only authorized software source for scanning payments and uploading them to their data base and a letter from Creditron stating that they are the only vendor to supply the scanning equipment we require.


Funds for this acquisition are available in 505-1000-580-64-00


Staff recommends Council approve the purchase of the upgrade from NCR’s authorized reseller Creditron for the Customer Service Division of Finance


City Manager Comments: The price for the equipment is $30,002.25 with $10,425.85 in maintenance.  Although there may additional vendors who could provide the equipment, our software vendor cannot guarantee the interface between software and the equipment.  Based upon our past experience with software interfaces, I am recommending waiver of bid procedures and awarding the contract as a sole source vendor.


Item 16-         Resolution No. 11-7 – Budget Appropriations


On December 7, 2010 the City Council approved acceptance of a Federal grant from the

U. S. Department of Justice passed through the Florida Department of Law Enforcement for the purchase of Tasers.  Also subsequent to the budget carryover resolution of November 9, 2010 certain audit adjustments were made to September 2010 expenditures in the Water and Sewer R&R and Deferred construction funds.


The attached resolution appropriations budgets revenues and expenditures for the grant and makes the budget corrections to the carryover budget resolution. Staff recommends approval.



Item 17           Comments/Concerns from Council Members


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