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

                        February 19, 2008

 

Date:               February 11, 2008

 

 

A.                 OPENING

 

Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call

 

B.     TOWN CENTER CRA MEETING

 

Donna has an item that needs the Town Center CRA approval.  It relates to having our consultant, Gladdening Jackson provide the Town Center CRA with some options for the Causeway District.  This would include showing how the Causeway District would tie into the Riverwalk District and how the public amenities could be developed on Causeway.  This is an outgrowth of the Causeway District discussions we had several weeks ago.  This would give the Council and CRA design alternatives to consider.

 

C.    SPECIAL RECOGNITION AND PROCLAMATIONS

 

Item 4 -           Recognition of Retired City Employee

 

Glen Walker retired from City service during the last year.  At this time, Council will recognize Glen for his dedication and years of service to the City of Port Orange.

 

City Manager’s Comments:  Glen served the City of Port Orange both in our Parks and Recreation Department and in our Human Resources Department.  Everything Glen did while he was working for the City of Port Orange, he did to the best of his ability.  He knew only one way to do it and that was to do it right.  

 

D.    SPECIAL REPORT

 

Item 5 -           Presentation of Annual Valuation Report – General Employees Defined Benefit Pension Plan

 

Each year, an actuarial valuation of the General Employees Defined Benefit Plan is conducted to review plan operations over the previous year as well as to determine the contribution rate for the upcoming year.  David G. Leonard, A.S.A., the Pension Committee’s Actuary, will be in attendance at this meeting to present his report and to answer questions.

 

Based upon the October 1, 2007, valuation, the 2007-08 required City contribution is anticipated to be in the rate of 9.8% to 11.8% of payroll.  This compares to the 11.4% to 12.5% recommended employer contribution last year.  A 13% employer contribution has been budgeted for this purpose this year, in addition to the employee mandatory 5.9% contribution.  Also of note, using a 6% discount rate, the plan continues to be fully funded at 102% of liabilities.  Mr. Leonard’s Summary Report is attached. 

 

Staff recommends that Council accept the Annual Valuation Report for the City of Port Orange General Employees Defined Benefit Pension Plan as presented.

 

City Manager’s Comments:  This is the first of our annual reports from our Pension Boards to the City Council.  The valuation for our General Employees shows the Plan finishing the year in very good position.  In both funding ratios, the Plan is doing well.  Unfortunately, GASB (General Accounting Standards Board) has changed the method of computing one of the ratios.  It is important to have both ratios that we compute to be near 100%. 

 

Item 6 -           Report from Kemper Sports

 

At this time, a representative of Kemper Sports will make a report to Council regarding the Golf Club at Cypress Head.

 

E.     BOARD APPOINTMENTS AND INTERVIEWS

 

Item 7 -           Code Enforcement Board (3 Terms to Expire on 4/5/011)

 

The terms of Luther Davidson, James Keys, and Michael Mellon all expire on April 5, 2008. All have expressed an interest in being reappointed to terms that will expire on April 5, 2011.  Also attached is an application from another individual who has expressed interest in serving on this Board.

 

Item 8 -           Construction Regular Board (2 Terms to Expire on 2/15/10)

 

Two appointments need to be made to the Construction Regulation.  Brad Blais has expressed a desire to be reappointed.  Attached are applications currently on file from those who have expressed an interest in serving on this Board.

 

Item 9 -           Environmental Advisory Board (1 Term to Expire 5/7/10)

 

One appointment needs to be made to the Environmental Advisory Board with the term expiring on May 7, 2010.  Attached are applications on file from those who have expressed an interest in serving on this Board.

 

City Manager’s Comments:  We do need help from City Council Members in recruiting volunteers to serve on Boards and Commissions.  We have placed notices in our newsletters and other communications we provide to the citizens of Port Orange.  What I have found is nothing replaces a City Council Member speaking to a citizen and asking them to apply for one of the Boards and Commissions. 

 

 

F.     CITIZEN PARTICIPATION (Non-Agenda)

G.    CONSENT AGENDA

 

Item 10 -        Piggyback City of Jacksonville Bid for Coraci Sports Park Lighting and Installation

 

The City of Jacksonville solicited bids for Park and Playground Equipment and their related items.  Musco Lighting was awarded the lighting from this bid, and M. Gay Constructors Inc, for the installation thereof.  In the creation of the new Coraci Sports Park, staff is requesting permission to “piggyback” that bid for these two items.  Musco has submitted their proposal for the equipment needed at the sum of $246,000 for two fields and M. Gay Constructors for the installation thereof at the cost of $131,300 for a grand total of $377,300.

 

Staff recommends that Council approve the City of Jacksonville’s Bid No. SC-0511-06 to Musco Lighting for the light fixtures for the new Coraci Sports Park in the amount of $246,000 for the equipment and to M. Gay Contractors for the installation in the amount of $131,300 for a grand total of $377,300.

 

Item 11 -        Change Order No. 1 to SummerTrees Road Project

 

The City’s project management team for this project actively communicated and coordinated with the Kohl’s Development Manager and his engineering consultant, Zev Cohen and Assoc., for several months regarding their requested additional roadway and utility improvements within the Summertrees Road right-of-way to serve their development. These proposed Quentin Hampton and Assoc. at our request have recently incorporated roadway widening and water line connection improvements into our construction plans.  Our contractor has since provided us with their costs based on these unit price contract amounts, please refer to the signed change order attached. This was undertaken in order to avoid future disruption to the traveling public, unnecessary future roadway demolition, and subsequent reconstruction of our newly constructed roadway components.  We also estimate that it may also have likely saved the Kohl’s Developer another $30,000 – 50,000 should these improvements had been undertaken separately in conjunction with the Kohl’s Development.

           

City Council recently approved an SIA agreement with Kohl’s whereby they have agreed to reimburse the City for 100% of these actual construction costs contained in this change order that is to be performed on their behalf.  

           

We request your approval in awarding this Change Order No.1 to Halifax Paving Inc. making the revised contract amount $2,013,727.50.  Funding for this project is currently available through a capital recovery agreement with D.R. Horton.  This roadway project will ultimately be funded through fair share agreements with developments needing this capacity improvement for concurrency approval however as stated previously above all of this work is to be directly billed to the Kohl’s Development as per the City’s prior agreement with them.  Funds are currently available in CIP # POL019. 

 

Staff recommends that Council approve Change Order No.1 amending the contract with Halifax Paving for Bid B07-11 “Summertrees Road Project,” with an increase in the contract amount of $53,047.50 making the new contract amount $2,013,727.50, with no increase in contract time, and to authorize the Mayor and City Manager to sign and execute all required contract documents.  

 

Item 12 -        Waive of Bid – Casual Labor Services

 

The City solicited quotes from four area payroll service firms to provide casual labor services for the scorekeepers and umpires used in the Recreation Department.  Only two area firms were able to provide the services in the manner the City requested.  The low quote was received from Daytona Employment at a rate of $1.37 multiplier per person.  Since this service has not previously been handled outside of the City, staff is requesting the Council to allow them to proceed with the quotes through October at the end of soccer season.  This will allow staff to re-evaluate the cost for the service on an annual basis to see if the formal bid threshold will be tripped or not. 

 

Staff recommends that Council approve the low quote received from Daytona Employment Services for their quote as stated above.

 

City Manager’s Comments:  Previously, umpires and scorekeepers were provided a 1099 from the City of Port Orange.  We treated the individuals as self-employed contractors.  Recently, IRS audited several cities who handled their umpires, referees, and scorekeepers in the same way the City does.  They were treated as employees.  This carries an entirely different set of situations.  Therefore, by contracting with an outside firm to handle the employment of these individuals, all of the payroll, withholding, workers compensation, etc. will be handled by them.  They will not be employees of the City of Port Orange. 

 

Item 13 -        Administrative Code Change  - City Clerk and Human Resources

 

City Charter Article IV. Administrative, Section 4.05 describes the Administrative Code.  The Administrative Code, adopted by the City Council, sets forth the department organization including charts depicting the chain of command and the allocation of responsibilities and duties for each department.

 

When the HRIS Department was reorganized in 1996, it included Human Resources, Information Technology and City Clerk divisions.  Since that time, Information Technology has been segregated into a separate department.  There is little to no functional overlap between City Clerk and Human Resource divisions as the City Clerk’s Office deals primarily with the City Manager’s and City Attorney’s Offices.

 

Placing the City Clerk’s Office under the direction of the City Manager’s Office will provide better flow of communication, support and efficiency.  It will also allow the Human Resources staff to better concentrate on personnel matters and make needed progress on long-range goals.  These changes do not require additional staffing or compensation.

 

Current and proposed organizational charts for the City Manger’s Office and HRIS Department are attached for the City Council’s consideration.

 

Staff recommends that Council approve an administrative code change reorganizing the City Clerk’s Division from the Human Resource Information Services Department (HRIS) to the City Manager’s Office and eliminating the reference to Informational Services.

 

Item 14 -        Building Activity Report and Monthly Development Activity Report for December, 2007, and January, 2008

 

The attached Staff Reports include the Development Activity Report for January, 2008, and the Building Activity Report for December, 2007.  These reports provide information on proposed development and projects under construction, commercial code enforcement activity, and monthly building permits and inspection updates.  Staff recommends that Council accept the Staff Reports (Building Activity Report and Monthly Development Activity Report) for December, 2007, and January, 2008.

 

Item 15 -        City Attorney’s Report

 

Attached is the City Attorney’s Report.  If you have questions, please contact Margaret Roberts.

 

Item 16 -        HTE Software Upgrade and Technical Support Maintenance Agreement

 

This is a planned upgrade for our eleven AS/400 software applications plus additional modules for special assessments and loan management.  Support for the current version HTE modules will end this year.  This software is the cities “core” applications such as online water bill payments, accounts receivable, payroll, etc., and as such plays a role in day-to-day functions.  This upgrade will increase our productivity and capacity by offering extended reporting and a familiar windows-type interface.  This upgrade is per the Port Orange Technology Improvement Plan, Section 3.0, Task Number B.3.B “Enhance functionality of financial and utilities based HTE systems.”  A key benefit of this upgrade will be a reduction in yearly HTE maintenance costs by $14,560 offering a ROI in approximately 6.5 years. 

 

Funds for this upgrade have been budgeted in Project NO. ZMI-028.

 

Staff recommends that Council approve the update to the City’s financial software package from HTE at a cost of $112,000 per the Technology Plan.

 

Item 17 -        Final Change Order No. 2- Schuller Contractors, Inc., Cambridge Drainage Improvements Phase II

 

Quentin L. Hampton Associates, Inc., and Schuller Contracts, Inc., have submitted final Change Order No. 2 for the Cambridge Drainage Project.  This final change order for the deductive amount of $27,458.84 is the result of adjustments of contract quantities to those used in the field.  The original contract amount awarded to Schuller for Phase 2, Parts D(b,c) and E of the Cambridge improvements was $2,674,500.  Final contract amount is $2,835,771.16.  Copies of the Change Order Form and spreadsheets with details of contract and field amounts are attached for your review.

 

Staff recommends approval of final Change Order No. 2 for the net deductive amount of $27,458.84 to the contract with Schuller Contractors Inc. for the Cambridge Drainage Project, Parts D(b,c) and E, Phase 2.

 

Item18 -         Approval to Appoint Tim Girard as the Fifth Member of the Police Pension Board

 

The Police Pension Board has elected Tim Girard as the fifth member of the Police Pension Board.  The Pension Board is seeking City Council approval of the appointment of Tim Girard to the Police Pension Board for a two-year term which will expire on February 21, 2010.  Staff recommends approval.

 

Item 19 -        Proposed License Agreement for James A. Lollich

 

The License Agreement is for improvements indicated on the site plan for the proposed parking lot on commercial property owned by James A. Lollich.  Due to the location of existing buildings, a portion of the code required landscape and irrigation are proposed to be installed in the City right of way.  The license agreement covers improvements in City right of way known as Orange Boulevard, a 100 foot wide city right of way.  The license agreement has the effect of requiring the Licensee to maintain and, if necessary, remove or replace these improvements.  Further, should the Licensee fail to abide by this agreement, the City is provided with the ability to take the necessary corrective action at the expense of the Licensee.

 

Staff recommends that Council approve and authorize the Mayor and City manager to act on behalf of the City to execute the License Agreement for James A. Lollich.

 

H.     TABLED ITEMS

 

Item 20 -        Second Reading – Ordinance No. 2007-19 – Rezoning and Approving  a Master Development Agreement and Conceptual Development Plan – The Altamira Shopping Village Planned Commercial Development (PCD) (Tabled 1/5/08)

 

We recommend that this item remain on the table.

 

 

I.         REPORT FROM ADVISORY BOARD

 

Item 21 -        Citizen Advisory Committee for MPO

 

A representative of the Citizen Advisory Committee for the MPO will make a report to Council at this time.

 

 

J.      COMMUNITY DEVELOPMENT

 

Item 22 -        Resolution No. 08-7- Adopting the City’s List of Replacement Tree Species and Invasive Tree Species

 

Attached is a resolution adopting the City’s list of replacement tree species and invasive tree species.  Staff recommends approval.

 

Item 23 -        Development Order Extension – The Pinnacle Phase II

 

This is a request to approve a one-year extension of the Development Order for the final plat and plans for the Pinnacle PUD Phase II subdivision, as recommended by the Planning Commission. The subdivision proposal includes 67 lots on 29.7 acres. The property is located south of Martin Dairy Road, east of Williamson Blvd. The  recommendation of approval is subject to the SIA being amended prior to the pre-construction meeting to reflect the change in ownership from Viscomi & Associates to Paytas Homes.

 

Planning Commission Recommendation:  The Planning Commission recommended approval, 5-0 (Commissioners Barker and Parker excused), of a one-year extension of the Development Order for the final plat and plans for the Pinnacle PUD Phase II subdivision.

 

Staff Recommendation:   Staff recommends approval.

 

Item 24 -        Development Order Extension – Port Orange Plantation Phase IV

 

This is a request to approve the Development Order Extension for the Final Plat and Plans for Port Orange Plantation, Phase IV.  The subdivision proposal includes 93 single family lots with associated infrastructure and stormwater improvements on approximately 26.2 acres.  The subject property is located west of Williamson Boulevard, north of Town West Boulevard.

 

Planning Commission Recommendation:      The Planning Commission recommended approval 5-0 (Commissioners Barker and Parker excused) with the condition that the legal documentation giving the developer clear right to build the bypass drainage system must be submitted prior to plans being stamped “Approved for Construction.”

 

Staff Recommendation:   Staff recommends approval.

 

Item 25 -        Development Order Extension – Port Orange Plantation Phase V

 

This is a request to approve the Development Order Extension for the Final Plat and Plans for Port Orange Plantation, Phase V.  The subdivision proposal includes 64 single family lots with associated infrastructure and stormwater improvements on approximately 22.8 acres.  The subject property is located west of Williamson Boulevard, north of Town West Boulevard.

 

Planning Commission Recommendation:      The Planning Commission recommended approval 5-0 (Commissioners Barker and Parker excused) with the condition that the legal documentation giving the developer clear right to build the bypass drainage system must be submitted prior to plans being stamped “Approved for Construction.”

 

Staff Recommendation:   Staff recommends approval.

 

 

K.     ADMINISTRATION

 

Item 26 -        Appointment to School Concurrency Oversight Committee

 

Attached is the request from the school district for an individual to serve on the Concurrency Oversight Committee.  This appointee may either be a citizen or a representative of Council.

 

Item 27 -        City Manager’s Evaluation

 

It is that time again.  It is time for the City Manager’s evaluation.  Attached are the goals that I gave the City Council last year.  Also, enclosed is my self evaluation.  Finally, enclosed are the new goals for this year. 

 

L.      COUNCIL COMMENTS

 

Item 28 -        Comments/Concerns from Council Members

 

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

 

 

 

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