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 1, 2009

 

Date:               August 24, 2009

 

 

A.        OPENING

 

Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call

 

B.                 BOARD APPOINTMENT/INTERVIEWS

 

Item 4 -           Planning Commission (1 Term to Expire 9/1/11)

 

Robin Lasky has provided the City with her formal request to be reappointed to a term on the Port Orange Planning Commission. 

 

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

D.                CONSENT AGENDA

 

Item 5 -           Approval of Minutes

 

Attached are the minutes of the following meetings:

 

a.                  June 23, 2009 – Regular City Council Meeting

b.                  July 21, 2009 – Regular City Council Meeting

c.                  July 28, 2009 – Regular City Council Meeting

 

Staff recommends Council approval.

 

Item 6 -           Update on Construction Projects

 

Attached is the report from Quentin L. Hampton Associates, Inc.  If you have questions, please contact any of the Project Managers, Quentin Hampton’s, or me.

 

Item 7 -           Update on Recreational Projects

 

Attached is the report from Parks and Recreation.  If you have questions, please contact either Susan Lovallo or me.

 

Item 8 -           Road Construction Report

 

Attached is the Road Construction Report.  If you have questions, please contact either Warren Pike or me.

 

Item 9 -           Addendum No. 2 to Stottler Stagg & Associates Contract for Engineering/Architectural Services

 

On November 4, 2008, the City Council authorized staff to negotiate a contract with Stottler Stagg & Associates, Inc., for architectural and engineering consulting services related to new construction and renovation projects.  The contract approved March 3, 2009, sets forth standard terms and conditions and requires that projects be authorized by addendum in order to clearly identify the scope of services for each project.  On March 17, the City Council requested the addendum be brought back for reconsideration. 

 

The attached addendum represents the scope of services and fee proposal for two of the remaining four original projects. The Cypress Head Clubhouse proposal, in the amount of $23,800, provides design services and documents for the purpose of protecting windows and doors in compliance with the City’s hazard mitigation grant and 2007 Building Code.  The scope also includes renovations to the roof to withstand 130 mph winds, bid assistance, and construction administration.   While we hoped to utilize existing truss drawings to reduce the total cost, the structural engineer has indicated that they are not adequate.  The cost associated with this design will satisfy the City’s match requirement, and funds are available in Account No. 317-1000-580-63-97, Project No. AIO010.

 

The Fire Station No. 73 re-roofing project scope includes evaluation, design, construction documents, bid assistance, and construction administration.  The building has substantial leaks which are damaging the exterior and interior of the buildings, and the HVAC system is in need of remedial action.  The roof repairs were budgeted in the 2008 Capital Improvement Plan but delayed to coincide with this contract. Funds in the amount of $23,900 are available in Account No. 317-1000-580-63-97, Project No. CIP008. 

 

Staff recommends that Council approve Addendum No. 2 to the contract with Stottler Stagg & Associates, Inc., dated March 17, 2009, for architectural and engineering services for hardening the Cypress Head Clubhouse and re-roofing Fire Station No. 73 and to authorize the Mayor and City Manager to execute all associated documents on behalf of the City.

 

City Manager’s Comments: Fire Station 73 has some issues that are beyond normal roof issues that will have to be addressed.  Therefore, it will require some design work.  It revolves around how the equipment on the roof is attached.  Because of the grant conditions at Cypress Head, we will need to make sure the truss design will withstand 130 miles per hour.

 

As you know, we have leak problems at City Hall that need attention and major repair.  We will be accepting proposals from roofing contractors to replace the roof at City Hall.  At the same time, we will be asking for proposals from roof contractors to make repairs to the roof at the Allen Green Center as well.  We will establish an evaluation team to review the proposals and then make a recommendation to the City Council.

 

Item 10 -        “Piggyback” County Contract with Ituran LifeTrak to Purchase GPS Units for Fleet Vehicles and Equipment (Correction)

 

On August 18, Council approved the purchase of GPS units for fleet vehicles and equipment for a total annual start-up cost of $64,294.  Staff, however, made an error; and this figure is incorrect.  Staff neglected to multiply the monthly air-time charge of $5,145 ($35.00 per unit x 147 units) by 12 to cover the first year.  This brings the total annual initial cost for units, software, and air time to $120,892.  Funds are available in the Fleet Finance Account, 50510005806400.

 

Staff recommends approval to piggyback Volusia County’s contract (05-B-61RB) with Ituran LifeTrak to purchase GPS units for fleet vehicles and equipment for a total annual initial cost of $120,892.

 

City Manager’s Comments: This was brought to my attention after the bid was awarded by the City Council.  When Public Works was preparing the bid document that simply made a calculation error related to the air time.  We have not ordered the units until such time as this error has been corrected.

 

Item 11 -        Approve Brokering and Insurance for Property, Casualty, and Workers’ Compensation

 

The appointed Selection Committee comprised of Dennis Kennedy, Councilman; Shannon Lewis, Assistant City Manager; John Shelley, Finance Director; Rob Zicker, Human Resources Director; Bob Newell, Risk Manager; and Bobbi Palmer, Purchasing Coordinator, met several times to evaluate and rank the proposals submitted for this subject.  Three proposals were received from:  Brown & Brown (PGIT); A. J. Gallagher (Travelers, et al.) and Florida League of Cities. 

 

A. J. Gallagher did not submit a proposal on the Workers Compensation portion of this RFP.  Coverage for the Workers Compensation portion submittals were consistent since it is Federal and State regulated. The Committee unanimously ranked the Florida League’s proposal as number one in the amount of $298,172.00.

 

The Property and Casualty portion had a more intensive evaluation with the Committee having several questions.  The Committee convened twice prior to them developing their final ranking.  That final ranking was:  1. Florida League of Cities; 2. A. J. Gallagher; and 3. Brown & Brown.  Further, after much consideration and discussion, it was the Committee’s recommendation that the City Council should accept the League’s zero dollar deductible option for the liability proposal in the amount of $744,985.00.  The proposed program is similar in insurance limits, deductibles, and coverage as the current insurance program except the liability coverage will go from $50,000 deductible to a zero dollar deductible.  The total for both packages from the Florida League of Cities is $1,043,157.00.  This is a total reduction of $220,843.00 under last year’s premium.  Funding for this item is appropriated in 504-1000-580-4510.

 

Staff recommends that Council approve the Selection Committee’s ranking and recommendation for the Florida League of Cities proposal for both Workers Compensation with a $25,000 deductible, Property with a $25,000 deductible, and Casualty with zero dollar deductible coverage in the amount of $1, 043,157.00

 

City Manager’s Comments: The City of Port Orange received three excellent quotations for insurance.  Although the Gallagher proposal would provide the City with a lower premium for property, casualty, and liability, the Committee was concerned about the $25 million limit that was in the policy.  Because of the concentration of buildings and City owned facilities, hitting the $25 million damage level was a concern; therefore, the Committee believed that it was in the best interest of the City not to have a restriction on exposure. I am recommending that any savings achieved should be placed in contingency.

 

Item 12 -        Victims of Crime Act (VOCA) Grant

 

Earlier this year, the Police Department applied for funding under the Victims of Crime Act (VOCA) Grant program.  The Department has been awarded $53,348 for the 2009/2010 funding cycle to assist victims of crime.  Because the grant program requires a match, the City’s share is $13,337.

 

Staff recommends that Council approve the acceptance of grant funds from the State of Florida in the amount of $53,348 for the Victims of Crime Act (VOCA) Grant program.

 

Item 13 -        Waiver of Bid for City’s Banking Services

 

The City’s current banking contract expires at the end of September, 2009.  The City has been considering different banking services and also our fiscal year is coming to a close.  In order to complete adequate planning and a potential transition process, staff is requesting up to a six month contract extension with SunTrust, the City’s current banking institution.  Staff recommends that Council approve a bid waiver for up to six months for the City’s banking services.

 

Item 14 -        Purchase Document Management System

 

An interdepartmental committee researched and tested a variety of electronic document management systems that will allow for more efficient and economical records management, storage and retrieval citywide.  In addition, the On-Base system has a workflow module that will allow staff to streamline work processes electronically, cut down on the amount of paper documents and physical storage space, and allow the public greater ease in obtaining public records through the website.  The initial cost of the system, including all modules, setup, installation and training is $24,668.  There will be an annual maintenance cost of $3,910.  Staff recommends “piggybacking” Lake County’s contract to receive the most favorable pricing.  The implementation of this system meets the objectives of the City’s Vision Statement as well as the Technology Improvement Plan. 

 

Staff recommends that Council approve the purchase of a citywide document management system from On-Base in the amount of $28,578 by “piggybacking” Lake County’s contract and authorize the Mayor and City Manger to execute all applicable documents.

 

Item 15 -        Reject Annual T-Shirt Bid

 

Annually, staff bids out the annual usage of assorted t-shirts primarily used by the Recreation Department for the various athletic leagues.  Staff revised the specifications this year so as to allow a breakdown between shirt and printing.  The City received four bids; however, the bidders were not consistent with the method in which the bids were submitted.  Staff, therefore, requests that Council reject all bids and allow staff to revise the specifications further and re-bid.

 

Item 16 -        Approve Pioneer Community Development District Interlocal Agreement

 

The CDD is comprised of 1238.2 acres located entirely within the City of Port Orange, Florida.  The City owns 225 acres of land acquired for conservation within the boundaries of the CDD. This Interlocal Agreement formalizes the understanding between the City and the CDD that the CDD shall not impose, levy, certify or otherwise seek to encumber or collect any special assessments, non-ad valorem assessments, maintenance assessments or taxes of any kind on property owned by the City or any other governmental entities within the CDD.

 

Staff recommends that Council approve the proposed Interlocal Agreement between the City of Port Orange and the Pioneer Community Development District.

 

E.                 TABLED ITEMS

 

Item 17 -        Second Reading – Ordinance No. 2009-4 – Repeal Ordinance No. 2008-19 Small Scale Future Land Use Amendment – Summit Golf Center (Tabled 4/28/09; re-tabled 7/28/09)

 

Staff recommends that this item remain on the table.

 

F.                 FINANCE

 

Item 18 -        Ordinance No. 2009-18 – Amending Chapter 54, Article VI of the Code of Ordinances Relating to General Employees Retirement System Contributions and Benefits

 

Attached is the proposed amendment and changes to the General Employees Pension Plan. There are basically three major changes included in this Ordinance.  First, the multiplier is being changed from 2.12% to 2% for future computations.  Second, the employee contribution is being increased to 7.5% of salary. 

 

Third, the supplemental payment that would be paid to employees to help offset insurance has been eliminated for future years.  An employee maintains their vesting.  The new computations will be for future years.  This is designed to maintain the City’s contribution at 13% of salary.  This Plan covers non-police and fire employees.

 

Second Reading:   September 22, 2009

 

Item 19 -        Monthly Financial Report

 

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

 

G.                COMMUNITY DEVELOPMENT

 

Item 20 -        Yorktowne Boulevard Center Section Presentation

 

On February 17, 2009, the City Council approved the award of a contract for the design of the center section of Yorktowne Boulevard to Zev Cohen & Associates.  The project includes the design of a four lane divided roadway with curb and gutter and stormwater treatment from its connection to the north with the proposed Nautica Lakes section, approximately 1600 LF south, to Hidden Lake Drive and continues approximately 1400 LF south transitioning to the existing two-lane section.  The design is currently 60% complete, and the design engineer will brief the Council on the project.  This presentation is for information purposes to inform the Council of the status of design of Yorktowne Boulevard in the Hidden Lake Drive area.  No motion is required.

 

H.                 PUBLIC WORKS

 

Item 21 -        Second Reading – Ordinance No. 2009-17 – Award Roll-Off Franchise Agreements

 

Staff recommends approval.

 

I.                     PUBLIC UTILITIES

 

Item 22 -        Resolution No. 09-61 - Sale of Parcel 109 to FDOT as Required for Interstate 4 Widening Project

 

The FDOT has completed the design of a future 6-laning improvement for I-4 between SR44 and I-95.  The design includes stormwater ponds and wildlife crossings.  Additionally, the project features a 10-foot high animal safety fencing along the corridor, which has the added benefit of enhancing homeland security for our property holdings and central wellfield.  Some of the planned improvements require procurement of lands abutting the existing right-of-way.  

Specifically, Parcel 109 is sandwiched between the land commonly referred to as the “Danhauser Tract” located to the west and the County landfill property to the east.  As a matter of policy, the City generally prefers to maintain rights and usage of its wellfield property holdings for a variety of uses, which include hunting leases and wetland mitigation banking.  However, in this case, the subject land is being sold outright to construct a significant realignment of the intersection connecting I-4 with US Highway 92.

           

FDOT negotiated with Port Orange to purchase the 13.476 acre parcel.  Staff finds that the appraisal report is fair and reasonable and is consistent with current market valuations and industry standards.  

           

Staff recommends approval of the sale per the terms of the agreement.  Sale must be recorded as sale of fixed asset revenue. 

 

Staff recommends that Council approve the attached resolution authorizing the sale to FDOT of 13.476 acres of land in an amount of $67,750 for land and $9,250 for mineral rights interests for a total purchase price of  $77,000 and authorizing the Mayor and City Manager  to execute the associated contract documents.

 

City Manager’s Comment: We have brought this alignment change to the County on several occasions.  It is an excellent opportunity for the County to request the State to provide access to the landfill area off of I-4.  This would remove landfill traffic coming from West Volusia from Tomoka Farms Road.  This is the time to ask FDOT to consider making changes so that on/off ramps could be constructed in this area.

 

Item 23 -        Resolution No. 09-62 – Sale of Perpetual Easement to FDOT for Parcel 803 Required for Interstate 4 Widening Project

 

The FDOT has completed design of a future 6-laning improvement for I-4 between SR44 and I-95.  The design includes stormwater ponds and wildlife crossings.  Additionally, the project features a 10-foot high animal safety fencing along the corridor, which has the added benefit of enhancing homeland security for our property holdings and central wellfield.  Some of the planned improvements require procurement of lands abutting the existing right-of-way.

 

Specifically, Parcel 803 is located on lands contained within the area commonly referred to as the “Rotary Tract.”  As a matter of policy, the City generally prefers to maintain rights and usage of its wellfield property holdings for a variety of uses, which include hunting leases and wetland mitigation banking. 

           

A perpetual easement is necessary to accommodate a wildlife crossing of I-4 at this location. The easement proposed does not conflict with the use of the land for a hunting lease or mitigation bank.   FDOT negotiated with Port Orange for the purchase of the perpetual easement.  Staff finds that the appraisal report is fair and reasonable and is consistent with current market valuations and industry standards.   Staff recommends approval of the sale per the terms of the agreement. Sale must be recorded as sale of fixed asset revenue. 

 

Staff recommends that Council approve the attached resolution authorizing the sale to FDOT of a perpetual easement across 13,750 square feet of land in an amount of $750 and authorizing the Mayor and City Manager  to execute the associated contract documents.

 

Item 24 -        Resolution No. 09-63  - Sale of Perpetual Easement to FDOT for Parcel 805 Required for Interstate 4 Widening Project

 

The FDOT has completed designing a future 6-laning improvement for I-4 between SR44 and I-95.  The design includes stormwater ponds and wildlife crossings.  Additionally, the project features a 10-foot high animal safety fencing along the corridor, which has the added benefit of enhancing homeland security for our property holdings and central wellfield.  Some of the planned improvements require procurement of lands abutting the existing right-of-way.  

Specifically, Parcel 805 is located on lands contained within the area commonly referred to as the “Danhauser Tract.”  As a matter of policy, the City generally prefers to maintain rights and usage of its wellfield property holdings for a variety of uses, which include hunting leases, wetland mitigation banking, and, in this case, billboard leases. 

           

A perpetual easement is necessary to accommodate a stormwater treatment pond at this location.  The easement proposed does not conflict with the existing use of the land for hunting or billboards.  Additionally, the tract is not currently included in any permitted or proposed wetland mitigation bank.   FDOT negotiated with Port Orange for the purchase of the perpetual easement.  Staff finds that the appraisal report is fair and reasonable and is consistent with current market valuations and industry standards.   Staff recommends approval of the sale per the terms of the agreement.  

 

Staff recommends that Council approve the attached resolution authorizing the sale to FDOT of a perpetual easement across 7.077 acres of land in an amount of $75,000 and authorizing the Mayor and City Manager  to execute the associated contract documents.

 

J.                  PUBLIC SAFETY

 

Item 25 -        Resolution No. 09-64 - Approve Fourth Amendment to Fire-Rescue & Emergency Medical Services Automatic Aid & Closest Unit Response System

 

This Agreement has been amended to incorporate only those agencies that are included in the RCC System.  The Agreement term is extended to 5 years.  Staff recommends approval.

 

K.                 ADMINISTRATION

 

Item 26 -        Discussion – Volusia County’s Proposed CRA Resolution

 

Attached is a proposed resolution from Volusia County regarding CRA’s.  Also attached is a letter the City Manager sent to the Volusia County Manager regarding the proposed resolution.  This item is presented for Council discussion at this time.

 

L.                  COUNCIL COMMENTS

 

Item 27 -        Comments/Concerns from Council Members

 

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

 

 

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