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
December 6, 2011
Date: November 30, 2011
Item 1 - Pledge of Allegiance
Item 2 - Silent Invocation
Item 3 - Roll Call
B. CITIZEN PARTICIPATION (Agenda)
At this time Council will hear the quarterly report from the Port Orange/South Daytona Chamber of Commerce.
At this time Council will hear the report from the Volusia Growth Management Committee member, Debbie Connors.
C. CITIZEN PARTICIPATION (Non-Agenda – 15 Minutes)
D. CONSENT AGENDA
a. November 1, 2011– Regular City Council Meeting
b. November 8, 2011 – Special City Council Meeting
c. November 8, 2011 – Regular City Council Meeting
Attached are the City Council meeting minutes from the meetings held recently. Should you have questions, please feel free to contact Robin or me.
At this time, a representative of KemperSports will make a report to the Council regarding the activities of the golf course.
Attached is the update on construction projects from Quentin L. Hampton Associates, Inc. Staff recommends acceptance of the report.
According to Port Orange Civil Service Rules and Regulations Chapter 5.11, an employee who regains employment within one year after separating with the City of Port Orange meets the requirements for reinstatement in regards to seniority after two years of service from the most recent date of employment.
Port Orange Police Officer Dale Harler began employment with the City of Port Orange on March 20, 2006. On February 2, 2009, he separated employment to relocate to Texas. Officer Dale Harler moved back to Port Orange and was sworn in on October 26, 2009 and has been working full time for two years. Officer Dale Harler is requesting to be credited with his previous time served as a Port Orange Police Officer.
Staff recommends approval to reinstate seniority for Police Officer Dale Harler.
The Port Orange Police Department is requesting approval to enter into the attached agreements permitting Port Orange Police Officers use of the New Smyrna Beach Police Department’s shooting range and training facilities. These agreements may be cancelled by either party upon thirty (30) days written notice and will terminate within one (1) year from date of signature. The City of New Smyrna Beach is requesting a $300.00 per year contribution to assist with maintenance costs for the use of the above mentioned facilities.
Staff recommends Council approve the pistol range and training facility agreements with New Smyrna Beach Police Department.
On November 11, 2008, City Council approved Bid Award #B08-21 for the purchase of cationic emulsion polymer to Polydyne Inc. The term of the initial agreement was for a period of two years with up to (3) one-year options for renewal, if mutually agreeable to both parties.
The City has expressed its desire to exercise the first of three one-year options, and the vendor has agreed, in writing, to the extension. The vendor shall maintain the current pricing for its NE- 1060 product ($1.00/lb) during the extended one year term.
Staff recommends approval of a one year extension of the existing contract with all terms and conditions of the existing contract to remain in effect.
On January 22, 2008, City Council approved Bid Award #B08-04 for transportation and disposal of bio-solids to Florida N-Viro L.P. The term of the initial agreement was for a period of two years, with up to (3) one-year options for renewal, if mutually agreeable to both parties.
The City has expressed its desire to exercise its final one-year option, and the vendor has agreed, in writing, to the extension. The vendor shall maintain the current pricing for transportation and disposal ($37.74/wet ton) during the extended one year term.
Staff recommends approval of the one year extension of the existing contract with all terms and conditions of the existing contract to remain in effect. Funds are available in the current operating budget in account #401-0400-535.34-11.
The turn lane is a Local Area Project (LAP) that is 75% funded by FDOT. Six bids were opened and evaluated by the City on October 21, 2011. One bid was deemed non-responsive due to many missing documents in envelope one. Of the five responsive bids in which envelope two was opened, Masci Corporation submitted the lowest bid of $104,487.94. The second lowest bid was submitted by Halifax Paving in the amount of $105,716.34. The City’s engineering consultant, Upham, Inc. reviewed each bid item and found two mathematical errors by P&S Paving; however the errors did not affect the bid ranking. Based upon evaluation of the bids it is recommended that the contract be awarded to the low bidder, Masci Corporation for $104,487.94. Masci Corporation is FDOT pre-qualified and has provided documentation that they can perform this work in the required timeframe with their current work load. FDOT has provided their concurrence with the recommendation to award this project to Masci Corporation. Funding # 301-4300-541-81-10 Project # PNC 013
Staff recommends award of Bid No. 11-21 Dunlawton Avenue (SR 421) at Village Trail Turn Lane to Masci Corporation in the amount of $104,487.94 and to authorize the Mayor and City Manager to sign and execute all contract documents.
The turn lane is a Local Area Project (LAP) that is 75% funded by FDOT. Four bids were opened and evaluated by the City on October 25, 2011. Masci Corporation submitted the lowest bid of $61,102.05. The second lowest bid was submitted by P&S Paving in the amount of $62,193.65. The City’s engineering consultant, Upham, Inc. reviewed each bid item and found mathematical errors by P&S Paving and Halifax Paving; however the errors did not affect the bid ranking. Based upon evaluation of the bids it is recommended that the contract be awarded to the low bidder, Masci Corporation for $61,102.05. Masci Corporation is FDOT pre-qualified and has provided documentation that they can perform this work in the required timeframe with their current work load. FDOT has provided their concurrence with the recommendation to award this project to Masci Corporation. Funding # 312-4300-541-63-97 Project # PNC 012
Staff recommends award of Bid No. 11-22 Willow Run Blvd. at Clyde Morris Blvd. to Masci Corporation in the amount of $61,102.05 and to authorize the Mayor and City Manager to sign and execute all contract documents.
The City has granted the use of the wellfield property to the Daytona Dirt Riders Association for an off-road motorcycle event known as the “Alligator Enduro” since the late 1980’s. This event takes place during Bike Week in March each year. Access to the property is limited to weekends for a short period of time leading up to the event for course preparation and set up. The 2012 event is proposed to take place on March 11. The Dirt Riders are responsible for securing and paying for on-site fire and rescue personnel as well as law enforcement. They are also responsible for site cleanup and restoration and must provide adequate insurance certificates naming the City as an additional insured. In the past, the Dirt Riders have provided charitable donations to a variety of agencies including the Police Athletic League (PAL).
Last year a question arose as to wear and tear on the property. The Dirt Riders utilize different existing trails from year to year and work closely with the City’s forester, hunt club and County personnel to select the course and minimize impacts to the property. The property is monitored during the race and inspections afterward have not indicated damage. The attached agreement is consistent with those from previous years and staff recommends approval.
Staff recommends approval of use of the wellfield property by the Daytona Dirt Riders for an off-road motorcycle event known as the “Alligator Enduro,” and authorizing the Mayor and City Manager to execute the necessary agreement and/or special use permit.
In August 2, 2011, the City of Port Orange utilized the competitive bidding process of the City of Orlando Bid BI09-2539-2 for Pump & Motor Repair Services. As a result, council approved the City of Port Orange to enter into a continuing services contract with Stewart’s Electric Motor Works for industrial motor and pump repair and refurbishment. Such contracts are essential to assist in maintaining the City’s $500 million utility system infrastructure in a timely manner in order to minimize the potential for any possible disruption of service.
Under this guiding principle, the FY12 CIP lists the rehabilitation of its three existing outfall pumps located at the Reclaimed Water Treatment Plant. These dual-purpose pumps are routinely relied upon to transfer upwards of 5 million gallons per day of treated reclaimed water to the on-site storage tank for subsequent transfer to our reclaimed water customers. Therefore, they are a critical component in providing reliable, dependable reclaimed water service to our citizens. Additionally, the pumps can also be utilized to pump excess treated effluent to the Halifax River in the event the reclaimed reservoir and storage tanks are at capacity.
Each of the pumps was installed in 2001 and now has reached the point in their useful life that warrants significant rehabilitation. Pumps are generally refurbished once during their useful life. Typically, once a pump is refurbished, the useful life can be doubled. However, a second refurbishment usually is not cost efficient as the pumps warrant replacement at that time.
In this instance, staff have internally maintained the pumps in accordance with manufacturer’s recommendations and maximized their useful life. While replacement is not yet necessary, a general overhaul and refurbishment is appropriate. Therefore, Stewart’s Electric Motor Works has provided an estimated cost for each pump utilizing the unit price service contract. Actual costs will be determined as each individual unit is dismantled, evaluated, parts replaced, and the reconstructed units returned and placed back into service. The estimated cost per pump is $26,971 making the total price $80,913 to refurbish all three pumps.
Funds are available within SSP002 Sewer Plant Replacement in the 403 fund. The 403 Fund is established to comply with bond covenants requiring that the City re-invest a minimum of 5% of its revenue back into system maintenance.
Staff recommends approval of a purchase order to Stewart’s Electric Motor Works, Incorporated in the amount of $80,913 for the rehabilitation of three Reclaimed Water Plant Outfall Pumps, in accordance with the terms of their continuing services contract.
On December 7, 2010, the City entered into a one-year license agreement with Volusia County for use of the City right-of-way on South Swallow Tail Drive for a Votran Transit Transfer Station. Volusia County Transit (Votran) requested an extension and modification of that agreement to continue to use the South Swallow Tail Drive right-of-way. The transfer station is necessary for Votran to transfer passengers between buses to maintain routes and schedules.
This extension will permit Votran to continue to use of the right-of-way while City staff reviews the proposed improvements and analyzes the term and type of agreement. The requested modifications address the terms and duration of use, upgrades, and maintenance of the site and of South Swallow Tail Drive. Volusia County has requested Votran be permitted to use the site for up to 11 years or until December 31, 2022.
Staff recommends approval of a six-month extension of the existing license agreement with Volusia County for use of the City right-of-way on South Swallow Tail Drive for a Votran Transit Transfer Station and authorize the Mayor and City Manager to execute all necessary documents.
City Manager Comments: I have had extensive discussions with VOTRAN’s executive, Ken Fischer about this location. We have arrived at an agreement concerning maintenance, paving of the roadway, and other issues related to this location being used as a transfer point. We reached agreement on the length of the agreement. Because of the length of the agreement requested, an interlocal agreement rather than a license is the appropriate legal document. The interlocal agreement would be between Volusia County and the City of Port Orange. The six months will allow us ample opportunity to complete the interlocal agreement with Volusia County.
The Federal Highway Administration (FHWA) and the FDOT are requesting applications for Federal discretionary program projects for Federal FY 2012. Staff proposes to submit two applications for funding of the construction cost for the Herbert Street Sidewalk project and the Dunlawton Avenue Environmental Mitigation and Drainage Improvement project. The applications require a 20 percent local match and the City has programmed funds to equal the local match requirement for both projects.
1. Herbert Street sidewalk project: This sidewalk will extend from Golden Gate Drive to Nova Road. Anticipated construction cost is $172,000 and the minimum local match required would be $34,400.
Staff recommends Council allow staff to submit TCSP grant applications to the FDOT by the December 16th deadline.
Attached is the City Attorney’s Report. If you have questions, please contact either Margaret Roberts or me.
E. BOARD APPOINTMENTS AND INTERVIEWS
a. Planning Commission
An appointment to the Planning Commission needs to be made.
F. REPORT FROM ADVISORY BOARD
Bobby Ball will attend to bring you up to date on the activities of the Citizen Advisory Committee for the Transportation Planning Organization.
G. FINANCE (John Shelley)
At the City’s fiscal year ending September 30, 2011, budget appropriations lapse. The attached Resolution re-establishes these appropriations for funding the open purchase orders and projects that were either not completed or started by the fiscal year end. These carryover appropriations re-establish proper budget project funding and budgetary alignment of projects. The operating funds have the required equity balances after appropriation of this resolution.
Staff recommends approval of the attached Resolution. Please see the attachments for the specific detail.
City Manager Comments: Last year, the City Council asked for more detail information related to the carry forwards. These are projects and encumbrances that have outstanding purchase orders.
At the City’s fiscal year ending September 30, 2011, budget appropriations lapse. The attached Resolution re-establishes these appropriations for funding the additional projects that were either not completed or started by the fiscal year end. These carryover appropriations re-establish proper budget project funding and budgetary alignment of projects. The operating funds have the required equity balances after appropriation of this resolution.
Staff recommends approval of the attached Resolution. Please see the attachments for the specific detail.
City Manager Comments: There are projects and items that for some reason did not get started during the year and items that have been identified as needing funding. In the past, all of these items were simply lumped into the carry forward Resolution. This year, we have included in them in a separate resolution so the City Council can easily see exactly what projects were not started during the past year and where funds are being allocated to in the carry forward of funds. In the past, when funds were available at the end of the year these funds were used to offset capital expenses. Also, if there were line items where some money remained at the end of the year, often times those dollars were simply carried forward into the new budget year.
Let me point out some items for the City Council in each of the operating funds:
General Fund: In the non-departmental budget, we have placed $50,000 in the budget for General Employee’s Pension Plan UAAL. This is in addition to what the City has budgeted for the current fiscal year. You will notice in the non-departmental budget, three reserves that the City Council established several years ago for Pension Funds. The thought process then was to establish these funds to assist the City in addressing the funding fluctuations. When these reserves were established, the funding fluctuations were minor and the thought was that these funds would be adequate to keep the funding percentages level as well as keep the UAAL manageable. In the non-departmental, you will see funding for grants to neighborhoods. It has been several years since the City has been able to allocate any funding for the neighborhood investment grant program. In the non-department, we have included $250,000 for debt retirement. This appropriation does not designate where it will be used, only that it is available to the City Council to reduce debt. We will bring to the City Council options where the City receives the best bang for the buck. Legal services will continue to be a major concern since the City is still involved in a ULP and a lawsuit with the IAFF. Also, the City has employed GRS as its independent actuary. Those funds are included in the budget. The City will incur legal expenses attributed to Pension changes. There are funds included for lobbying should the City Council desire to employ a lobbyist in Tallahassee. This is election year the City will incur election expenses. We have included additional funds for advertising and for election expenses.
In Police and Fire, I have included funds for UAAL pension reductions. We have carried forward money for vehicle maintenance. We are incurring additional maintenance expenses on one of the units. When the City Council adopted the Capital Improvement Plan for the year beginning October 1, 2011, a replacement fire engine was included in the Plan. We have deferred the replacement for two years. The maintenance cost on the E-One has continued to increase. It is the oldest unit in our fleet.
In Parks and Recreation, we are addressing two of our major liability concerns, fencing at our baseball fields and the need to do repairs at the skateboard park. One of the items that you see under Parks and Recreation is golf tournament. There is a corresponding revenue for the golf tournament. What occurs is the bills are paid from the operating account and the balance is transferred over to the Parks scholarship fund. Since we do not know exactly the impact of moving to Babe Ruth, we are requesting that the remaining monies in the uniform account as well as funds used to pay umpires be carried forward into the next fiscal year.
If you have questions about any of the items on the project carry forwards, please feel free to contact John, Stella, or me.
The current interest rate on the 2008 Stormwater Utility Refunding Revenue Note, Series 2008 with Hancock Bank, is 3.69%. The new interest rate would be 1.9% and will result in a savings to the City of approximately $236,000 over the remaining term of the note.
Staff recommends approval of Resolution No. 11-67 and to authorize an amendment to the outstanding Stormwater Utility Refunding Revenue Note, Series 2008 with Hancock Bank, lowering the interest rate and authorizing an “allonge” (amendment) to the note to reflect the new interest rate.
City Manager Comments: As part of our overall effort to reduce our cost as well as reduce our debt, we are taking advantage of the lower interest rates to reduce the overall cost to our ratepayers.
The City would like to refinance an amount, not to exceed $6,150,000 of current SRF loans by entering into a fixed rate loan with the appropriate banking institution/bidder pursuant to Request for Commitment (RFC) No.12-4. The interest rate will be based on the index at the time of closing but is not to exceed 1.52%. The proceeds from this loan would be used to refund a portion of the City’s outstanding SRF loans and to pay the issuance costs on the Note. Specifically, we would pay off SRF 3010 Garnsey Water Treatment Plant and pay the FY12 through FY16 principal payments on SRF loans 5080 Harbor Oaks and 5090 Treatment and Transmission. The remaining payments on SRF 5080 and 5090, between FY12 and FY16, would be interest only while the payments between FY17 and FY21 would be principal and interest. The interest rates on the current SRF loans range between 3.0147% and 3.3784%. Total savings are projected to be in excess of $250K. Please see attached summary and bid tabulation form from our Financial Advisor.
Staff recommends approval of Resolution No. 11-68 and to authorize the Mayor and City Manager to enter into a fixed rate loan not to exceed $6,150,000 to refinance various current SRF loans.
City Manager Comments: The bids that we received were extremely good. They are substantially lower than the interest that we are currently paying on these existing SRF loans. JPMorganChase submitted the lowest price bid. However, the interest rate quotes submitted by all bidders fluctuates until the City fixes the rate. That rate would be set on Wednesday afternoon at 2 p.m. This Resolution allows the Mayor to conduct a meeting on Wednesday afternoon to fix the rate of interest on the outstanding bonds. It authorizes the Mayor and the City Manager to sign all the legal documents. For your information, the initial pricing submitted by JPMorganChase was 1.30%. That is substantially below what we thought the interest rate would be when we went out to bid. We thought the bids would be slightly below 2%. We do not think there will be substantial upward movement on the interest rates between now and Wednesday. We will keep the City Council informed.
H. COMMUNITY DEVELOPMENT (Wayne Clark)
It is the purpose and intent of the City to establish a process to address the amount of abandoned real property located within the City. It is the City's further intent to specifically establish an abandoned residential and commercial property registration program as a mechanism to track abandoned properties and protect residential neighborhoods and commercial districts from becoming blighted through the lack of adequate maintenance and security of abandoned properties.
The foreclosure registration program is designed to:
Staff recommends adoption of Ordinance No. 2011-36, amending Chapter 42, Article II, Nuisances, of the Code of Ordinances, by adding Section 42-33, titled Abandoned Real Property, to create new regulations related to and address maintenance of abandoned real property.
I. PUBLIC SAFETY (Jerry Monahan)
The Port Orange Police Department will present a report that will detail the number of traffic violations, sound violations, activity and complaints that were investigated during Biketoberfest 2011.
J. PUBLIC WORKS (Warren Pike)
This Ordinance would grant Veolia an exclusive franchise to provide solid waste services for both residential and commercial customers within the city limits of Port Orange. On October 28, 2011, the City Council continued the Second Reading of the Ordinance until December 6, 2011. On November 8, 2011, the City Council notified Veolia of its nonacceptance of a proposed contract and termination, if a contract existed.
The recommendation is to allow the City staff to withdraw the ordinance from the City Council Agenda. This means that Veolia will not be the provider of the solid waste services since Veolia chose to withdraw the contract proposal that was scheduled for consideration by the City Council at the October 28 Special City Council meeting and the City has not accepted the amended proposal from Veolia. Pursuant to City Council direction on October 28, 2011, staff commenced negotiations with the next bidder and Waste Pro tendered a proposed contract for solid waste services.
City Manager Comments: Staff is requesting that this item be withdrawn from the City Council Agenda.
Staff recommends that the proposed Veolia contract be withdrawn from the Agenda as requested by Veolia in the letter from their attorney, Doug Daniels, dated October 28, 2011
City Council Comments: Staff is requesting that this item be withdrawn from the City Council Agenda since this is the contract that was requested to be withdrawn by Veolia.
The Ordinance grants an exclusive franchise to Waste Pro of Florida, Inc., for the collection and disposal of solid waste, yard waste and recyclable materials within the City of Port Orange. Waste Pro of Florida, Inc., as Franchisee, has the necessary equipment, personnel, and experience to properly perform the work and has been awarded the contract pursuant to City Bid B11-08.
Staff recommends adoption of Ordinance No.: 2011-35, granting an exclusive franchise to Waste Pro of Florida, Inc., for the collection and disposal of solid waste, yard waste and recyclable materials within the City of Port Orange.
City Manager Comments: This is the first of two items that the City Council will consider. Second Reading of the Ordinance is scheduled for December 13, 2011. The Ordinance has been duly advertised for second reading on December 13.
The proposed five year contract to provide Solid Waste services is the second item that will be considered by the City Council at its December 13. Waste Pro’s has tendered a proposed contract for the City Council’s consideration. It complies with the terms and conditions of the Solid Waste bid specifications. Their pricing and proposed contract are in compliance in all respects with their bid proposal that was opened on May 25, 2011.
K. ADMINISTRATION (Ken Parker)
Recently, I received an inquiry from a local realtor concerning whether the City Council would entertain or accept a purchase proposal for the old Police headquarters. The last time City Council discussed this potential, the Council indicated they were not interested in selling the property. You did indicate a willingness to lease the building. I have spoken to Palmer about their interest. Although Dr. Martin did not outright reject leasing the entire building, he did indicate that they were less interested in the old headquarters than they are about the Green Center. However, they are talking with us about potentially renting a small section of the building for storage.
Does the City Council desire to accept purchase proposals from potential buyers of the old PD property?
L. COUNCIL COMMENTS
At this time council members may discuss various matters or concerns.