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

                        September 25, 2007

 

Date:               September 17, 2007

 

 

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 from KemperSports will make a report to the Council regarding the Golf Club at Cypress Head.

 

Item 5 -           Presentation by Department of Financial Services – Randell Brown

 

Randell Brown will be present to update Council on duties and responsibilities of Financial Services.

 

C.                CITIZEN PARTICIPATION (Non-Agenda)

 

D.                CONSENT AGENDA

 

Item 6 -           Project Manager’s Report

 

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

 

Item 7 -           Request Use of Owned and Managed Lands by the Daytona Dirt Riders Association of the 2008 Alligator Enduro

 

Since the late 1980’s the City has granted the use of the wellfield property to the Daytona Dirt Riders for an off-road motorcycle event known as the “Alligator Enduro”.  This event takes place during March of each year during “bike week”.  Access to the property is limited to weekends for a short time prior to the event for set up, through the first full week of March 2008, or the end of “bike week”.  Charitable donations are made to various local organizations with proceeds from the event.  In past years, donations have been made to the Spruce Creek High School band to aid in their trip to the Rose Parade, the City to help with the cost of sealing the wood playground materials at the All Children’s Park and the Port Orange Police Athletic League.  This year the Assn. was once again able to make a donation to the Port Orange Police Athletic League from a portion of the proceeds of the event.   City permission will include the use of jointly owned and managed properties; in conjunction with County special use permits.  This year, for the first time, use will not include any property either jointly or wholly owned by the City of Daytona Beach.  The terms and conditions regarding insurance, set-up, clean up, damage restoration and other specifics are included in the agreements/permits and are consistent with previous years.

 

Staff recommends Council approve use of wellfield property by the Daytona Dirt Riders for an off-road motorcycle event known as the “Alligator Enduro”, authorizing the Mayor and City Manager to execute agreements and/or special use permits.  Terms and conditions of the special use permits and/or agreements are contingent upon approval by the City Attorney.

 

City Manager Comments:  We have worked with this group for several years.  They are good and responsible partners.  They do an excellent job of restoring the property after they complete the race.  Also, they have made donations to several Port Orange groups.  I am recommending that we approve the use of the property subject to meeting the legal and insurance requirements.

 

 

Item 8 -           Purchase Order to Kimley-Horn & Associates, Inc. – Contract for Preparation of the Comprehensive Plan Evaluation and Appraisal Report

 

The State Growth Management Act requires that local government periodically review and update their adopted Comprehensive Plans according to a schedule established by State Statue.  The Evaluation and Appraisal Report (EAR) evaluates the performance of the various Elements of the Comprehensive Plan.   It assesses the successes and shortcomings of the various Goals, Objectives, Policies and Programs included within the plan, and it provides recommendations for necessary changes.  Additionally, the EAR provides an opportunity to identify major issues in a community and evaluate how effective the Comprehensive Plan has been in addressing these issues.  Based on this evaluation, the report suggests how the plan should be revised to better address community objectives.

 

Kimley-Horn’s services will be directed to prepare an update to the Comprehensive Plan for the Evaluation and Appraisal Report with the exception of the Public Facilities Element, consistent with Florida Statues and the Department of Community Affairs A Guide to Preparing an Evaluation and Appraisal Report.  The Planning and Development Division of the Community Development Department will administer this contract, and coordinate closely with other city staff as needed.

 

Staff recommends Council approval to issues a purchase order to the firm of Kimley-Horn & Associates, Inc. in the amount not to exceed $50,000.00. Funding is available from account # 001 1900 515 3113.

 

Item 9 -           Addendum No. 1 to Quentin L. Hampton Associates, Inc. – Contract for Preparation of the Comprehensive Plan Public Facility Element and Associated Services of the Evaluation and Appraisal Report

 

The State Growth Management Act requires that local government periodically review and update their adopted Comprehensive Plans according to a schedule established by State Statue.  The Evaluation and Appraisal Report (EAR) evaluates the performance of the various Elements of the Comprehensive Plan.   It assesses the successes and shortcomings of the various Goals, Objectives, Policies and Programs included within the plan, and it provides recommendations for necessary changes.  Additionally, the EAR provides an opportunity to identify major issues in a community and evaluate how effective the Comprehensive Plan has been in addressing these issues.  Based on this evaluation, the report suggests how the plan should be revised to better address community objectives.

 

Quentin L. Hampton Associates, Inc. services will be directed to prepare an update to the Public Facilities Element of the Comprehensive Plan for Evaluation and Appraisal Report, consistent with Florida Statues and the Department of Community Affairs A Guide to Preparing an Evaluation and Appraisal Report.  The Planning and Development Division of the Community Development Department will administer this contract, and coordinate closely with other city staff for input and review.

 

Staff recommends Council approval of Addendum No. 1 and authorization of a purchase order to Quentin L. Hampton Associates, Inc. for an amount not to exceed $25,000.00.  Funding is available in account # 001 1900 515 3113.

 

Item 10 -        Deductive Change Order No. 1 for the Reclaimed Water Recharge Reservoir Project, Phase III

 

The original bid for the Reclaimed Lake Project Phase III included an alternate bid item for the construction of a horizontal well demo project for the St Johns River Water Management District.   The original idea was to place a horizontal well in the Halifax canal to attempt to recover water for augmentation of the reuse system.   This location proved to be unfeasible, so the location was moved to a retention pond adjacent to, and connected to the canal.   This change in location lowered the cost of construction as bid considerably, resulting in this deductive change order request.

 

The delay in getting the agreement with St Johns for this demo project completed, and getting the CUP for our augmentation system finalized without including the demo project, resulted in a delay in the ability to start this portion of the project.   These delays caused by St Johns are the reason an extension of contract time is needed.  All details have been resolved with St Johns, and a 90-day extension of the contract time is requested to cover those delays.  Upon completion of the demo project, St Johns will reimburse the City $160,000.00 towards the construction cost of the project.

 

Staff recommends Council approval of Deductive Change Order #1 to Wright Construction in the amount of $100,572.00 reducing the total contract amount to $2,177,653.00, and the extension of the contract time by 90 days.

 

Item 11 -        Contract Extension with Chips Dozer, Inc. for Disposal of Lime Sludge

 

The City currently has a contract with Chips Dozer, Inc. for the disposal of lime sludge produced at the Garnsey Water Plant.  This contract has been in place for several years now, and has been mutually beneficial to both the City and the vendor.

 

This contract has now expired, and the City is obligated to re-bid for this service.   Recently a suggestion was submitted to the City by some of our employees regarding a switch to liquid sludge disposal.   With the contract for lime sludge disposal due to be re-bid, staff felt this would be the opportune time to pursue this option and determine the best course of action after new bids were received and evaluated.

 

In order to allow sufficient time to prepare accurate specifications for this bid, and to get through the selection process, an extension of the existing contract is needed so there is no disruption of our plant operations.

 

The City requested this 3 month extension, and the vendor has agreed in writing to honor the existing contract for an additional 3 months at the current contract prices.

           

Staff recommends Council approval of a 3 month extension of the existing contract with Chip’s Dozer, Inc. for the disposal of lime sludge.   Funds are available in the current operating budget.

 

Item 12 -        Building Plans Review and Inspection

 

Staff solicited proposals, short-listed and heard oral presentations from firms that submitted proposals for RFP 07-11 Building Plans Review and Inspection Services.  Council also heard oral presentation from the top two ranked firms.  Upon conclusion of those oral presentations, Council then ranked Universal number one and GFA number two.  Staff therefore requests this ranking be approved and authorize Mayor and the City Manger to sign contracts with both firms to provide these services as directed by Council.

 

Funding for this project is in the operating budget 109 1901 515 3113.

 

Staff recommends that Council approve ranking and authorize staff to negotiate contracts with both Universal Engineering and GFA.

 

Item 13 -        Special Event Request – Elite Auto Sales

 

Mr. Tony Palladino, owner of Elite Auto Sales located at 5584 S. Nova Road, requests approval of a Special Event to be held at Biketoberfest 2007.  The proposed event is planned for a ten (10) day period from Friday, October 12 through Sunday, October 21, 2007.  The proposed hours for the event are from 10:00 a.m. to 8:00 p.m., daily.

 

Staff recommends that Council approve the Special Event request for Elite Auto Sales located at 5584 S. Nova Road, and to waive the $250 surety bond, subject to sixteen (16) conditions outlined in the attached report.

 

Item 14 -        Special Event Request – First Turn Steakhouse & Lounge

 

Mr. Rick Hilliard, owner of the First Turn Steakhouse & Lounge, located at 5236 and the adjacent lot at 5204 South Ridgewood Avenue, requests approval of a Special Event to be held at Biketoberfest 2007.  The proposed event is planned for a seven (7) day period from Monday, October 15 through Sunday, October 21, 2007.  The proposed hours for the event are from 9:00 a.m. to 2:00 a.m., daily.

 

Staff recommends that Council approve the Special Event request for First Turn Steakhouse & Lounge located at 5236 & 5204 South Ridgewood, and to waive the $250 surety bond, subject to twenty-five (25) conditions outlined in the attached report.

 

Item 15 -        Special Event Request – The Last Resort Bar

 

Mr. Al Bulling, owner of The Last Resort Bar, located at 5812 South Ridgewood Avenue, and agent for Best Cars, located at 5816 South Ridgewood Avenue, requests approval of a Special Event to be held at Biketoberfest 2007.  The proposed event is planned for a ten (10) day period from Friday, October 12 through Sunday, October 21, 2007.  The proposed hours for the event are from 8:00 a.m. to 2:00 a.m., daily.  This will be the second Special Event for the Last Resort in 2007.

 

Staff recommends that Council approve the Special Event request for The Last Resort located at 5812 South Ridgewood and Best Cars, 5816 South Ridgewood, and to waive the $250 surety bond, subject to twenty-five (25) conditions outlined in the attached report.

 

Item 16 -        Bid Award for Resurfacing Tennis Courts

 

Bids were solicited for the resurfacing of sixteen tennis courts.  We received eight (8) bids.  The lowest responsive bid was received from J’s Quality Courts, Inc. in the amount of $43,200.00, however they did not carry Workers’ Compensation.  The second low bid was received from HufCor Florida Group in the amount of $43,940.00.  It was determined when checking their references, that the work they had provided their references was not tennis court resurfacing and in fact they had very little experience in any of this field.  The third low bidder was Varsity Courts in the amount of $50,377.00 who had previously provided tennis courts resurfacing to the City.  Staff is therefore recommending that Council award this bid to Varsity in the amount of $50,377.00 for this work.

 

Staff recommends Council approval to award Bid No. 07-15 resurfacing tennis courts to Varsity Courts, Inc. for their bid in the amount of $50,377.00 for sixteen (16) courts.

 

Item 17 -        Setting the Price for the Flu/Pneumonia Shot Program

 

This year’s price is based on the cost of the serum from the manufacturer.  We saw an increase of 18 cents for our flu serum cost over last year and an increase of $4.31 for our pneumonia serum.  The Volusia County Flu Fighters Coalition agreed on August 31, 2007 to set the County price at $30.00 for flu and $40.00 for pneumonia shots.  We agree with the set price of pneumonia, since it is not an increase over last year’s price, but we do not concur with the established price of $30.00 per flu shot.  Since our cost only increased by 19 cents, we feel that an increase of $5.00 is not warranted for our citizens.  Therefore, PORF and four other Fire Rescue Agencies providing flu shots, have agreed to keep our pricing at $25.00 per flu shot.

 

Staff recommends Council approval to set the price of $25.00 for a Flu Shot and $40.00 for a Pneumonia Shot.

 

City Manager Comments:  The Flu Fighter Coalition wanted to set the price of $30 and $40 for flu and pneumonia shots this year.  As you are aware, the Coalition is a combination of public and private sectors.  In reviewing the cost data, it is the opinion of the Fire and Rescue Department with my concurrence that we do not need to increase the cost to the recipients.  If the private sector companies and others decide to increase their cost, that is a decision that they will have to make.  At this time, the City can provide the shots within the price guidelines included in this recommendation. 

 

E.                 TABLED ITEMS

 

Item 18 -        First Reading- Ordinance No. 2007-31 – Rezoning – From Volusia County A-2 (Rural Agriculture) to City of Port Orange R-20SF (Single-Family Residential) Bipin Rama (tabled 7/17/07)

           

We will be bringing this back to Council the second meeting in October.

 

Item 19 -        First Reading – Ordinance No. 2007-32 – Amending Chapter 16, Section 5 (b) and Chapter 2, Section 2 and the Land Development Code Relating to Special Setbacks and Requirements for Sunrooms (tabled 7/17/07)

 

We will be bringing this back to Council the second meeting in October.

 

F.                 FINANCE

 

Item 20 -        Resolution No. 07 – 91 - Budget Appropriations

 

City Staff has reviews the budget performance through August 2007.  The attached resolution changes the budget appropriations to fund areas noted in this review. 

 

Staff recommends approval of Resolution No. 07-91.

 

City Manager Comments:  This is the first of several end of the year Resolutions.  At the mid-year BER, we recommended extending the fleet rates for existing vehicles.  We reduced that line item in several budgets.  The most obvious one is the Police Department.  Although we have established a lengthen period for new vehicles that the City will be acquiring in future years, it was our understanding that the existing vehicles would stay at the current amortization period.  Although the City will keep the vehicles longer, we will still amortize the prior purchased vehicles under the old amortization schedule.  The recent adopted budget has the old vehicles under the current amortization schedule and the new vehicles under the new amortization schedule.  So we will not have to make changes in the new budget.  All we are doing is putting the money back that we took out early this year to meet the internal lease payments to the Fleet and Equipment Fund.  As you recall, the City has its own internal lease fund from where all the vehicles are purchased.  This has served the City well and has saved the City money.  When the vehicle has been totally amortized and is not replaced, then the Department does not pay the lease component into the Fleet and Equipment Fund.  Although we are paying more in the long run, in the short term, we will be paying the same amount and in future years, the cost will be simply spread out over a longer amortization table that is reflective of our actual replacement schedule.

 

There are some other alignment changes in the budget resolution.

 

   Item 21 -     Resolution No 07 - 92 - Solid Waste Rates

 

Attached is the proposed Solid Waste Resolution that when authorized, becomes effective October 1, 2007.  The total percent change in rates proposed for next fiscal year is approximately 1.65%, resulting in expected additional charges of about $129,000.

 

This change, as outlined in the current solid waste Rate Resolution, is based on the percent change in the Consumer Price Index for the Southern States from March 2006 to April 2007.  Additional receipts resulting from this change will fund expected change in hauler charges and other normal cost of operations.

 

Staff recommends Council approve Resolution No. 07-92.

 

Item 22 -        Monthly Financial Report

 

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

 

G.                COMMUNITY DEVELOPMENT

 

Item 23 -        Second Reading – Ordinance No. 2007-4 – Small Scale Land Use Amendment – Gateway Marketplace, LLC

 

This item was transmitted to Volusia Growth Management Commission.  All of the questions have been answered and it is now ready for City Council’s consideration on second reading.

 

Item 24 – First Reading – Ordinance No.  2007-34 – Rezoning  - .89 Acres from PUD to PCD and Approving a Master Development Agreement and Conceptual Development  Plan – SummerTrees Plaza PCD (continued to date certain of September 25, 2007)

 

Legal and Community Development Staff are reviewing the submittal to be sure that all terms and conditions have been met.  Staff is attempting to complete its review so that a report can be given to both Council and the applicant prior to Tuesday to give both an opportunity to review the Staff comments and any recommendations.

 

City Manger Comments: It may be necessary for the item  to be continue an additional week should our staff not be able to complete its review and prepare the report in a timely fashion for both Council and the applicant’s review.  It is important that both parties have adequate time to complete their review prior to City Council consideration.  Presenting the report to City Council on Tuesday will not give either the Council or the applicant adequate time to make a final decision.

 

H.                 PUBLIC UTILITIES

 

Item 25 -        Resolution No. 07 - 93 - Joint Project Agreement with County of Volusia for Williamson Boulevard Phase II

 

The County of Volusia and their consulting engineer has been working with city staff and our engineering consultants over the past year to prepare joint design plans to widen Williamson Boulevard from Moody Bridge south to its current terminus along with improvements to Airport Road west to Cypress Head.  This project should dramatically help to improve traffic flow into and out of the city.

 

An $8 million grant to assist with roadway construction has been made available at the state level, contingent upon matching funding from local authorities.  The grant has to be matched.  The County has requested the City to provide up to $4 million in funds for the road construction as well as to pay for the City’s utility relocation.  Those funds have been budgeted.  The road portion has come from several different sources including loan pool funds, deferred construction and opportunity funds that the City Council set aside for projects like this, a reserve fund that was set aside from the 2004 bond issue to help defray some of the interest cost, funds from the drainage utility funds and funds from water and sewer fund.  No one fund was able to provide the funding for this project.  It required several different funds to come up with the required money so that South Williamson Boulevard could be constructed and to take advantage of the grant dollars from the State of Florida.

 

This joint Project Agreement between the County and the City will enable the utility mains and all other incidental utility adjustments to be included in the County’s bid documents and installed by the County’s contractor.  Consistent with Phase I procedures, it should be noted that the City will be required to issue a purchase order directly to the County after opening of the bids and in conjunction with the County’s award of the contract.  The County will also serve as a project administrator, including securing the various bonds and insurance requirements, assisting in overseeing construction, and other administrative functions.

 

Staff recommends Council to approve Resolution No. 07- 93 - pertaining to a Joint Project Agreement between the City of Port Orange and the County of Volusia for construction of utilities and roadway improvements in conjunction with Williamson Boulevard Phase II Improvements, and authorize the Mayor and City Manager to execute the associated agreement.

 

I.          ADMINISTRATION

 

Item 26 -        Bid Award – Hiring a Consultant to Manage the Recently Obtained HMGP and RFC Grants Related to Acquisition of Homes Flooded in the Cambridge Basin

 

As the City Council is aware, the City’s Emergency Management Coordinator is scheduled to retire this year.  In anticipation that he could retire as early as October 1, the City advertised and accepted proposals for grant administration services for the two emergency management grant programs that are purchasing the homes.  The City received only one proposal.  The proposal was submitted by JCDC Enterprises Inc.  John Carleton is the firm’s principal and would be responsible for the grant administration of the Hazard Mitigation Grant and for the Repetitive Flood Grants.  As you are aware, Mr. Carleton has extensive experience in Emergency Management and in Emergency Management grants currently serving as the City’s Emergency Management Coordinator.  While he has been employed by the City of Port Orange, he has been instrumental in the City receiving more $8 million in Emergency Management and Mitigation Grants.  Under this proposal, the private grant’s administrator would be responsible for handling all of the negotiations for the acquisition of the properties, working with the City Attorney on all contract documentations and details necessary to acquire the properties, preparing specifications for demolition of the homes and the property restoration, serving as the City’s representative during the demolition, filing all grant reports to the State and Federal Government, and making sure that the City complies with all of the grant terms and conditions. 

 

What are the options?  The first option is to contract with a grant’s administrator to do all the work associated with the program.  Please realize that there are some things the City will continue to do as part of this program.  The City would be responsible for all accounting functions, for making sure that all city purchasing requirements are met, preparation of all legal documents, and handling the closings on all properties. 

 

The second option is for the City to handle all of the functions internally.  The City would keep time and bill for our administrative cost associated with the project.  If the City’s Emergency Management Coordinator retired on October 1, the City would assign the task to one of our internal staff to handle all the administrative details.  The City is eligible to be reimbursed for our administrative cost associated with grant administration.  We would have to keep specific time records in order to recover the cost.  If this option is accepted and the Emergency Management Coordinator retires on October 1, then the City would assign this task to our Grants Coordinator, Redevelopment Director or a member of the Fire and Rescue Department.  If you accept this option and the Emergency Management Coordinator does not return on October 1, then he would provide these services until his retirement date.

 

The proposal that we have received from JCDC Enterprises Inc. is $42,539 to administer the acquisition of the homes under the Repetitive Flood Program and $55,000 for the homes to be acquired under the Hazard Mitigation Grant.   The total amount of administrative fees allocated to the City is $125,865.  This leaves less than $30,000 to cover the other cost of the program. 

 

What is the value of this proposal?  The City would save a complete year of salary if Mr. Carleton retired from City service on October 1.  This is the greatest savings to the City’s General Fund.  The grant would cover the administrative cost of Mr. Carleton as well as other cost of the City.  The City would retain the services of Mr. Carleton who knows the emergency management grant system probably better than just about anybody.  He would be available to help write additional grants and work with the local mitigation strategy group to make sure that we remain competitive.  NOTE: Mr. Carleton has signed up for and is eligible for early retirement option.  Nothing in this proposal would change that.

 

What are the downsides of contracting?  Although the advertisement for competitive proposals was legally advertised, there may be the perception that this was a special deal for Mr. Carleton.  That was not the case.  It was truly looking at whether the private sector could administer the grant better at a lower cost than the City.  There are other companies who do this type of work.  There were inquiries from other companies.  None submitted proposals.  It may have seemed too small for them.  If more than one company had submitted, the potential for criticism would be much less. 

 

The City has the potential of recovering a portion or all of the administrative cost to offset its own expenses rather than contracting with the private sector.  To date, we have not done a good job of documenting time for our flood grants from FEMA.  We did very well on our funds for storm events.  If we were to continue with our internal administration of the program, we would have to make sure that all of our personnel understood that they must keep detail reimbursement records.  We will provide employees with time sheet so they can record their time on each home that is acquired.  This way, we can document exactly how much time each person takes to handle the grant administration.  Most of our grants do not have an administrative fee.  These two do.  That is why it is so important for us to keep track of what is going on internally so the City can recover as much of the administration fee as possible. 

 

City Manager Comments:  Initially, I thought this would be a good idea to entertain private grant administration proposal for these two grants.  In fact, I encouraged the development of the RFP to see what the cost would be to contract with the private sector.  I talked with John Carleton about the legal requirements including him creating his own corporation so he would not violate any conditions in the early retirement program about him being re-employed by the City.  He would not be an employee with the City.  I told him that the City could not contract with him as an individual.  Yes, I encouraged him to respond to the RFP because of his local knowledge, experience, expertise and familiarity with the grants themselves and the people who operate the grant programs at the State and Federal level.  John has a tremendous relationship with these individuals.  It is our desire to use John’s skills in other ways, too, in helping us secure additional grants and help in Emergency Management issues.

 

As you know, I have been looking for ways to create the maximum savings to the City’s General Fund.  This creates the maximum savings to the City’s General Fund by saving a full year of salary and benefits if John retired on October 1 and at the same time allows the City to use his expertise legally. 

 

As stared before there were inquiries. Since only one proposal was received, I am concerned that this will create the wrong perception and taint the image of the program, John Carleton, and the City.  There is no question that all legal requirements have been met.  There is no question that other firms who do this type of work could have responded to the RFP but they did not.  There is no question that JCDC can do the work.   John has proven that he can.  The perceptional problem is that John would retire and cease working for the City as an employee on September 30 and begin working for a private company on October 1 doing essential the same work that he was doing before.  A number of governments have been criticized for the same thing. 

 

Options:

 

1.      Option 1 – is to award the contract to JCDC Enterprises, Inc. to administer the Hazard Mitigation Grant Program and Repetitive Flood Grant Program in an amount not to exceed $42,539 for the Repetitive Flood Program and $55,000 for the Hazard Mitigation Program.  Please note that Mr. Carlton would exercise his early retirement option immediately if this is selected.

 

2.   Option 2 - keep the program administration internally and recover as much of the cost as possible from the grant funds.

 

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 discuss various committees to which they have been assigned.

 

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