MEMORANDUM

 

 

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

                           June 7, 2011

 

Date:               June 1, 2011

 

 

The Budget Workshop session on Tuesday will be Public Safety. Public Safety will discuss their General Fund.  This meeting is scheduled to begin at 5:30 p.m.

 

  1. OPENING

 

Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call

 

B.   BOARD AND COMMISSION APPOINTMENTS AND REPORTS

 

 

Item 4 - Volusia Growth Management Commission (VGMC) Member appointment

 

Debbie Connors currently serves as the City’s delegate to the Volusia Growth Management Commission.  She has indicated that she is willing to continue serving.  As some of you may recall, Bobby Ball represented the City of Port Orange before Ms. Connors’ appointment.  Mr. Ball resigned because his firm represented a client that had a Port Orange project before the Commission.  In order to make sure that Port Orange had a voice in the debate, he felt that it was in the City’s best interest for him to be replaced as a member of the Commission.  He indicated his willingness to serve on the Board as well should Ms. Connors desire not to be re-appointed.    Ms. Connors has indicated a willingness to continue serving on the VGMC.

 

Item 5 - Parks and Recreation Advisory Board quarterly report

 

The Chairman of the Parks and Recreation Advisory Board will present a report to the City Council.

 

C.   TOWN CENTER CRA SPECIAL MEETING

 

The Town Center Community Redevelopment Agency Board will meet to discuss the contract award for Riverwalk mowing.

 

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

 

Item 6 - Port Orange/South Daytona Chamber of Commerce Quarterly Report

 

At this time Council will hear the quarterly report from the Port Orange/South Daytona Chamber of Commerce.

 

E.   CONSENT AGENDA

 

Item 7 - Approval of Minutes

 

a)            May 17, 2011 – Budget workshop

b)            May 17, 2011 – Regular City Council Meeting

c)            May 24, 2011 – Budget workshop

d)            May 24, 2011 – Regular City Council Meeting

 

Item 8 - Construction Activity Report

 

Attached is the update on construction projects from Quentin L. Hampton Associates, Inc.  Staff recommends acceptance of the report.

 

Item 9 - Pollution and Remediation Legal Liability Insurance

 

In order to provide the broadest financial protection for incidents arising from an environmental event involving pollution and remediation exposures, staff recommends the selection of the proposal provided by XL.  Proposals were solicited through the City’s insurance broker, Brown & Brown of Florida, Inc.  Three insurance companies provided a response and seven declined to quote coverage.  

Two insurance companies provided competitively priced programs: XL, the incumbent insurer, at $31,399.51 per year and Nautilus Insurance at $30,730.81 per year.

Staff recommends the selection of XL for the pollution liability insurance coverage for the policy term from June 21, 2011 through June 21, 2012, including the coverage for Federal TRIA (Terrorism Risk Insurance Act). The selection of XL will maintain continuity of pollution liability insurance program and, though XL’s quote is slightly higher than Nautilus, XL has insured the City since 2007, the only insurance company to do so following the City’s 2007 discharge event and during “hard market” conditions. Also, XL reduced the deductible from $50,000 last year to the proposed $25,000. XL is rated A 15 by A.M. Best’s Rating Guide.

Additionally, both Siver Insurance Consultants, the City’s insurance consultant, and Brown & Brown of Florida, Inc., the City’s insurance broker, recommend the selection of XL. Further information can be obtained from Bob Newell, Risk Manager.

 

City Manager Comments:  The City caries pollution control liability insurance on our facilities.  The staff report recommends that XL be the carrier even though the cost is slightly higher than Nautilus.  The staff report provides the reason for paying $668.70 more for the insurance.

 

 

Item 10 - Emergency Repairs to Drainage Pipe/Structures on Fleming Avenue and Dylan Drive

 

Emergency repairs are needed on a section of drainage pipe on Fleming Avenue and to the drainage structure on Dylan Drive.  There is approximately 16 lineal feet of metal corrugated drainage pipe on Fleming Avenue that has collapsed entirely and needs replaced immediately.  Dylan Drive is in need of a catch basin and drainage pipe to tie into the existing structure in order to eliminate flooding to resident’s homes.  Progressive Contractors is currently working for the City on another drainage project and they have submitted an estimate to make repairs on Fleming and Dylan.  As shown on the estimate attached, total cost will not exceed $55,474.00.  Funds are available in Account #41218005414663, Project #DIP001.

 

 

Item 11 -        Bid Award for Reclaimed Water Reservoir Cattail Removal Project – Bid No. B-11-15

 

The referenced project provides for the removal of cattail and other invasive species covering existing reservoir banks. Currently our two existing reservoirs which are approximately 175 acres in size have been inundated by invasive species that do not complement the use of these areas for the storage of reclaimed water.  The proposed work includes complete cattail removal ect. of approximately 3 linear miles of vegetation ranging from 10.0’ to 20.0 in depth. Removal of this vegetation will assist us in achieving approval from the FDEP of these Reservoirs as an additional reclaimed water outfall to adjoining wetland areas.  The alternate bid item will allow us to continue to utilize this company’s bank maintenance services upon their successful completion of the initial cattail removal process as contained in the  base bid work

Bid packages were prepared by Public Utility Department staff with the assistance of our City’s Purchasing Agent.  The project was then publicly advertised, with a required prebid meeting being held on 5-16-11.  5 bids were subsequently then opened on May 23, 2011 with all of them being determined to be responsive to all of the basic bidding requirements.  Upon evaluation of all of the five bids received it was determined that Shaw’s Land Clearing was the lowest responsive bidder under the base bid award criteria that had been established.  We have since verified their previous work references with direct discussions with their recent clients on similar projects as well as direct discussions with Shaw to verify that all items of work and conditions of payment were completely understood by them.

 We request that City Council please consider awarding this base bid and alternate to Shaw’s land Clearing in the amount of $39,400 for the base bid and the bid alternate of $1,154 / per month as a continuing annual service contract at this time. The available funding for this project is currently available in the Public Utilities CIP - Forestry Management Account EFM001. 

 

Item 12 -        Vehicle Equipment from Communications International

 

The Police Department is requesting authorization for labor, equipment and supplies as stated on the attached listed quote from Communications International to remove, re-install and connect the police radios, radars and related emergency equipment for 14 replacement police department vehicles (11 replacement patrol vehicles, 2 replacement unmarked vehicles and 1 replacement CSO pick-up truck). This quote also includes labor costs to remove, re-install and connect said communications equipment into the new replacement vehicles. The sole source quote from Communications International is $32,954.15 for all fourteen replacement vehicles. A copy of the quotation from Communications International is attached. Funding Source: Account # 505-1000-580-6406 Machines and Equipment / Communications Equipment

 

Item 13 - Revised Police Benevolent Association (PBA) Lieutenants Sick and Annual Leave Exchange for Pay Memorandum of Understanding (MOU)

 

The following is a revision of a Memorandum of Understanding that was previously agreed to by both parties in November, 2010.  Since that time, a PBA Lieutenants collective bargaining agreement for 2009-2012 was ratified that increased the maximum annual leave carry over from two hundred (250) hours to three hundred twenty (320) hours and increased maximum Sick Leave carry over from seven hundred (700) hours to seven hundred fifty (750) hours.

City Manager Comment:  This change in the Memorandum of Understanding simply reflects the contract language. 

 

F.            COMMUNITY DEVELOPMENT(Wayne Clark)

 

Item 14 - Second Reading – Ordinance No. 2011-8 - Moratorium Extension on the Issuance of Development Orders, Building Permits and Zoning Approvals for Business Tax Receipts for the Operation of Pain Clinics and Pain Management Clinics in the City of Port Orange

 

Planning Commission Action:  April 28, 2011

 

Recommended approval 6-0 of the moratorium extension for a period of 180 days, or until such time as regulatory code amendments are adopted.

                                

The moratorium extension is to provide additional time to further research regulations in House Bill 7095 if it becomes law and other state actions related to these uses and incorporate them into amendments to the Land Development Code (LDC) and Code of Ordinances. The staff report is attached for more information

 

Staff recommends approval of Ordinance No. 2011-08, extending an existing moratorium an additional 180 days on the issuance of Development Orders, Building Permits, and Zoning Approvals for Business Tax Receipts for the operation of Pain Clinics and Pain Management Clinics in the City of Port Orange, as recommended by the Planning Commission.

 

Item 15 - Second Reading – Ordinance No. 2011-9 - Moratorium Extension on the issuance of Development Orders, Building Permits, and Zoning Approvals for Business Tax Receipts for the Operation of Internet Cafes, Game/Recreational Facilities, Adult Arcades Amusement Centers, and other similarly operated facilities in the City of Port Orange

 

Planning Commission Action: April 28, 2011

 

Recommended approval 6-0 of the moratorium extension for a period of 180 days, or until such time as regulatory code amendments are adopted.

 

The purpose of the moratorium extension is to provide the opportunity for Staff to bring forward proposed Land Development Code and Code of Ordinances amendments regarding regulatory framework and clarifying definitions of the subject businesses. The staff report is attached for more information

 

Staff recommends approval of Ordinance No. 2011-09, extending an existing moratorium an additional 180 days on the issuance of Development Orders, Building Permits, and Zoning Approvals for Business Tax Receipts for the operation of Internet Cafes, Game/Recreational Facilities, Adult Arcades Amusement Centers and other similarly operated facilities in the City of Port Orange, as recommended by the Planning Commission

   

 

G.           CITY ATTORNEY (Margaret Roberts)

 

Item 16 - Request for Special Council Meeting to discuss pending litigation: City of Port Orange vs. John P. Jackson, Case No. 2011-30458-CICI

 

The City Attorney desires advice concerning pending litigation in the case of City of Port Orange, Florida vs. John P. Jackson, et al., Case No. 2011-30458 CICI.  The subject matter of the meeting shall be confined to a strategy session related to litigation expenditures and settlement negotiations.  This suit involves the City’s request for temporary and permanent injunctions against John P. Jackson, who held special events at 5536 and 5542 S. Ridgewood Avenue in violation of the City’s Code of Ordinances.

 

Item 17 - Request for Special Council Meeting to discuss pending litigation: Allied Veterans of the World, vs. City of Port Orange, Case No. 2011-31029-CICI

 

The City Attorney desires advice concerning pending litigation in the case of Allied Veterans of the World, etc. vs. City of Port Orange, Florida, Case No. 2011-31029 CICI.  The subject matter of the meeting shall be confined to a strategy session related to litigation expenditures and settlement negotiations.  This suit involves the appeal of a City Council decision rendered April 26, 2011. 

 

H.           ADMINISTRATION (Ken Parker)

 

Item 18 - Resolution No. 11-24 – Early Retirement Program

 

The attached Resolution offers an Early Retirement Program with a retirement/separation date of September 30, 2011 for eligible employees.

City Manager Comment:  At the last City Council Meeting, the City Council approved offering an early retirement program.  Since that time, I have received request to move the program forward so that individuals could retire earlier than September 30.  Others have indicated that the retirement program without the buy out incentives that was offered last year based upon years of service may not be enough to entice them to retire early. 

 

Item 19 - Change order request from R & R Industries, Inc. to use salvaged tiles rather than new manufactured tile where tile was removed.

 

Attached is a change order request from R & R Industries, Inc. to use salvaged tiles rather than new manufactured tile where damaged tile was removed.

 

R & R Industries, Inc. has offered additional warranty in consideration for the use of salvaged tile.

 

City Manager Comment:  I have corresponded with R and R Industries related to the request.  I have indicated to them that I could not recommend approval.  The specifications are very clear that replacement tile is to be new tile.  We have a statement from the architect stating that was his intent.  The second issue relates to the bid integrity.  We do not know what the price would have been from the other bidders if we had allowed salvaged tile.  I have stated that I cannot recommend approval of the R and R request.

 

Item 20 - Discussion on Independent Audit from Pension Boards

 

Attached is an email that I provided to the City Council related to Pension Audits.  Many Pension Boards have an Independent Audit performed each year and provide copies of their audit to the City.  This places the responsibility on the Pension Board to answer any and all management questions raised by the auditor since the audit examines only the Pension Fund and its operation. 

 

City Manager Comment:  Does the City Council desire for me to send letters to the Pension Boards requesting that they conduct an Independent Audit and provide copies of that audit to the City? 

 

I.              COUNCIL COMMENTS

 

Item 21 -        Comments/Concerns from Council Members

 

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

 

J.            SPECIAL WORKSHOP

 

Item 22 - U.S. 1 & Dunlawton Median Landscaping Refurbishment

 

For many years the major roadways in Port Orange have presented an attractive and quality image for our community.   Dunlawton Avenue, in particular, was once a highly regarded model for suburban roadway corridors across central Florida.  Unfortunately, some of the City’s roadway medians no longer evoke the same positive reaction they once did.   Aged and stressed plant materials, environmental factors and strained financial resources for maintenance have resulted in conditions below community expectations.

Recognizing the important contribution roadway corridors make to the image and economic health of the community, the City Council has placed a high priority on restoring the appearance of the City’s major roadways.  On June 7, 2011, staff will present an overview of the current conditions and the key factors involved with the refurbishment of the Dunlawton Avenue and U.S. 1 medians.  Key policy determinations will involve priorities for median refurbishment, funding sources and maintenance programs.     

City Manager Comment:  There will be three staff members involved in the presentation on Tuesday night.  The presentation will cover the major corridors.   The City Council will see plans that have been previous approved by past City Council as it relates to Dunlawton between Spruce Creek Road and Ridgewood and Ridgewood north of Dunlawton.  The City Council will see concepts for other major areas along Dunlawton Avenue and along Ridgewood Avenue.  I have instructed staff to provide you with alternative water sources that may be available to assist the City in irrigating medians and other public areas. 

 

One of my major concerns is on going maintenance of the medians and gateway areas.  I continue to be concerned about the appearance of Dunlawton, Ridgewood, and Nova Road.  With the last revisions to mowing contracts, you will see a marked difference in maintenance level along Dunlawton and Nova Road.  Cutting back on mowing schedules for Dunlawton Avenue and Nova Road are already showing.  In some areas, the mowing schedule is 24 times per year. 

 

Warren will be discussing maintenance issues with the City Council.  I know Warren would concur with me when I say if we are not investing in the maintenance of the landscaping, then we do not need to make the investment.   I have asked Warren to provide the City Council with an indication of cost related to maintenance.

 

 

K.   PUBLIC UTILITIES (ROGER SMITH)

 

23. Bid 11-16 Hunting Lease – Consideration of Bid Proposal

 

 

 

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