To: Mayor Allen Green
Vice Mayor Robert Pohlmann
Council Member Bob Ford
Council Member Donald Burnette
Council Member Dennis Kennedy
From: Kenneth W. Parker, City Manager
Subject: Agenda Commentary for Regular City Council Meeting of
February 7, 2012
Date: January 31, 2012
Item 1 - Pledge of Allegiance
Item 2 - Silent Invocation
Item 3 - Roll Call
The Town Center Community Redevelopment Agency Board will meet to discuss the issuance of the RFP for Riverwalk.
City Manager Comments: The changes that were requested by the City Council have been included in the RFP. It is requested that the CRA review the changes and recommend to the City Council the inclusion of those changes in the RFP.
C. CITIZEN PARTICIPATION (Non-Agenda – 15 Minutes)
D. BOARD AND COMMISSION APPOINTMENTS AND INTERVIEWS
Item 4 – Board appointments
One appointment needs to be made to the Fire Pension Fund Board which must be filled by a public member appointed by the City Council. The term expires on February 15, 2014. Jim Reardon has expressed an interest in being reappointed. There are no other applicants.
Frank Sheridan has been elected by the Board to serve another term that will expire on December 31, 2013. Mr. Sheridan’s appointment must be ratified by Council.
Staff recommends appointment of Jim Reardon and ratification of the appointment of Frank Sheridan to the Fire Pension Fund Board.
City Manager Comments: Let me separate the 2 appointments that are in front of the City Council. The first one is Jim Reardon. Mr. Reardon is the City Council appointee. He has extensive financial services background. His resume is attached for your review. The appointment of Mr. Reardon is solely at the discretion of the City Council since he is a City Council appointee.
The fifth member is Frank Sheridan. Mr. Sheridan is recommended by the four members of the Fire Pension Board. The appointment of Mr. Sheridan, according to Florida Law, is ministerial meaning the City Council is required to make the appointment.
E. CONSENT AGENDA
Item 5 - Approval of Minutes
Attached are the City Council meeting minutes from the meetings held recently. Should you have questions, please feel free to contact Robin or me.
Attached is the update on construction projects from Quentin L. Hampton Associates, Inc. Staff recommends acceptance of the report.
Attached is the update on recreational facilities. Should you have questions, please contact Susan Lovallo or me.
Mr. Jeffrey Haidle, owner of the Roadside Tavern, located at 3400 South Nova Road, requests approval of a Special Event to be held during Bike Week 2012. The proposed event is planned for a ten (10) day period from Friday, March 9, 2012 through Sunday, March 18, 2012. The proposed hours for the event are from 10:00 a.m. until 2:00 a.m., daily. This will be the first Special Event for Roadside Tavern and their first special event in 2012.
Staff recommends approval of the Special Event request for the Roadside Tavern at 3400 South Nova Road, Port Orange, FL, and to waive the $250 surety bond, subject to twenty-four (24) conditions outlined in the attached report.
We have received a Special event request from Frank Bacho, co-owner/operator of Whiskey River Saloon, located at 5005 S. Ridgewood Avenue, to be held during Bike Week 2012. The proposed event is planned for a ten-(10) day period from Friday, March 9 through Sunday, March 18, 2012. The proposed hours for the event are from 10:00 a.m. to 2:00 a.m., daily. This will be the first Special Event for Whiskey River Saloon in 2012.
Staff recommends approval of the Special Event request for Whiskey River Saloon, 5005 S. Ridgewood Avenue, and to waive the $250 surety bond, subject to twenty-six (26) conditions on the attached staff report.
Mr. Al Bulling, owner of The Last Resort Bar, 5812 S. Ridgewood Avenue, and agent for Best Cars, 5816 S. Ridgewood Avenue, and Hunt for Cars, 5796 Ridgewood Avenue, requests approval of a Special Event to be held during Bike Week 2012. The proposed event is planned for a ten (10) day period from Friday, March 9, through Sunday, March 18, 2012. The proposed hours for the event are from 8:00 a.m. to 2:00 a.m., daily. This will be the first Special Event for the Last Resort in 2012. Mr. Bulling also requests a one (1) hour time extension for outside music on Friday and Saturday nights (March 16-17, 2012) of the event. This will be the First Special Event for the Last Resort Bar in 2012.
Staff recommends approval of the Special Event Request for The Last Resort Bar, 5812 S. Ridgewood Avenue, Best Cars at 5816 S. Ridgewood Avenue, and Hunt for Cars at 5796 S. Ridgewood Avenue, and to waive the $250 surety bond, subject to twenty-seven (27) conditions outlined in the attached staff report.
Mr. Rick Hilliard, owner of the First Turn Steakhouse & Lounge, located at 5236 and 5204 South Ridgewood Avenue, requests approval of a Special Event to be held during Bike Week 2012. The proposed event is planned for a ten (10) day period from Friday, March 9, through Sunday, March 18, 2012. The proposed hours for the event are from 8:00 a.m. until 2:00 a.m., daily. This will be the first Special Event for the First Turn Steakhouse & Lounge in 2012.
Staff recommends approval of the Special Event request for the First Turn Steakhouse & Lounge located at 5236 & 5204 South Ridgewood Avenue and to waive the $250 surety bond, subject to twenty-six (26) conditions outlined in the attached report.
Mr. Jeffrey Apholz, business owner of Grumpy’s Tavern located at 5934 South Ridgewood Avenue, requests approval of a Special Event to be held during Bike Week 2012. The proposed event is planned for a seven (7) day period from Monday, March 12, through Sunday, March 18, 2012. The proposed hours for the event are from 11:30 a.m. to 2:00 a.m., daily. This will be the first Special Event for Grumpy’s Tavern in 2012.
Staff recommends approval of the Special Event request for Grumpy’s Tavern located at 5934 South Ridgewood Avenue, and to waive the $250 surety bond, subject to twenty-five (25) conditions outlined in the attached report.
Given the high number of claims the City has had with our current Life Insurance carrier Lincoln Financial recently, the renewal rates for the premiums were presented with a 20% increase.
The City partnered with Brown & Brown to take this benefit to market and was provided with several quotes.
MetLife offered an increased accelerated death benefit with a 5% decrease over the current rates which proved to be the best proposal.
Staff recommends accepting the life and AD&D insurance proposal presented by MetLife for the period beginning March 1, 2012 through September 30, 2014.
The City of Port Orange has been experiencing difficulty in the continuous operation of a regional triplex pumping station that serves a significant portion of our service area from Herbert Street north to our wastewater system boundaries. This proposed work will include the replacement of one 60 HP grinder pump, an operational upgrade over the existing 60 HP pump with this improved grinder pumping capability. The second pump is to be rehabilitated by retrofitting of the existing pump with the grinder capability to further reduce clogging and the expensive costs associated with future pump maintenance. The third existing pump will eventually be replaced at a future date when necessary.
On September 27, 2011, City Council approved ITT Water and Wastewater as sole source supplier of parts and service for Flygt submersible wastewater pumps. In October 2011, ITT announced a corporate restructuring and the formation of Xylem, Inc as its provider of Flygt products.
Public Utilities Department has also planned for this project in the FY12 CIP. Furthermore, bond holder covenants mandate that a minimum of 5% of operating revenues must be directed to the 403 fund for the specific purpose of maintaining the existing system infrastructure. The cost of the replacement pump is $35,669.65 and the refurbished pump is $16,745.00. Funding for this project is available in project #SLS002, R&R Lift Station Project, acct #40304015356397.
The department respectfully recommends revalidation of ITT Water and Wastewater / Xylem Inc. as sole source vendor and authorization of a purchase order in the amount of $ $52,414.65.
Staff recommends authorization to issue a purchase order in the amount $52,414.65 to ITT Water and Wastewater / Xylem Inc. for the replacement of one and refurbishment of another Flygt Submersible Pump at Herbert and Nova Road Regional Lift Station, and authorize the Mayor and City Manager to execute any contract documents as necessary.
CPH Engineers, Inc. provides forest management services for the City of Port Orange within the boundaries of the 15,000 acre central wellfield property. Under the terms and conditions of its 5-year agreement with the City, CPH’s primary responsibilities include:
1. Wellfield/forest management protection
2. Wildfire and storm protection
3. Wetland mitigation banking
4. Gopher tortoise banking
5. Enforcement of hunting lease agreement and special events
The current contract for these forest management services extends through February 28, 2012 and contains a one-year renewal option. Steve Edgar and CPH have provided quality services to the City and are intimately familiar with the wellfield property and mitigation banks. Staff recommends exercising the renewal option. A new request for proposals will have to be issued in late 2012. The $36,060 fee is for the contract period from March 1, 2012 to September 30, 2012 as specified in the contract documents.
Funds are available in 420-1000-536-31-36 EFM001 & 416-0300-536-31-13 EFM001
Staff recommends approval of a one-year extension of the Forest Management Services contract with CPH Engineers, Inc. in accordance with the current authorized contract terms and conditions, authorize a purchase order in the amount of $36,060 and authorize the Mayor and City Manager to execute the necessary documents as prepared by the City Attorney.
F. BOARD AND COMMISSION REPORTS
The Environmental Advisory Board is scheduled to report to the City Council on its activities.
G. FINANCE (John Shelley)
Attached is the Fire Impact Fee Ordinance that will allow implementation of the new proposed rates by Resolutions. Current rates are established by Ordinance; however, this change will allow new rates, as directed by Council, to be implemented by Resolution.
The proposed subsequent Resolution to be presented later in February will temporarily reduce residential fire impact rates by $100 (from $270 to $170). Recreation impact fees will also be reduced temporarily by $250 in the same Resolution.
Staff recommends approval of Ordinance 2012-3 regarding Fire Impact Fees.
City Manager Comments: We have discussed commercial properties. What I have instructed John to do in the area of Fire Impact Fees is to calculate the same ratio reduction for commercial properties as the City Council did for residential properties. Commercial properties do not pay Recreation Impact Fees.
The City used proceeds from the 2011 Water/Sewer Revenue Note, entered into with Chase Bank in December 2011, to pay down the FY12 through FY16 principal payments on our SRF loan CS120725090. This new Amendment 2 to SRF loan CS120725090 provides interest only payments through August 2016, and then re-amortizes the balance of the loan with final payment in February 2020.
Staff recommends approval of Resolution No. 12-3.
The City used proceeds from the 2011 Water/Sewer Revenue Note, entered into with Chase Bank in December 2011, to pay down the FY12 through FY16 principal payments on our SRF loan CS120725080. This new Amendment 3 to SRF loan CS120725080 provides interest only payments through August 2016, and then re-amortizes the balance of the loan with final payment in February 2021.
Staff recommends approval of Resolution No. 12-5.
The attached resolution appropriates and budgets revenues and expenditures for an additional donation from USTA to cover costs of completing the QuickStart tennis court conversion project at the Airport Road Tennis Court. In addition, funding has been received from PAL for the purchase of basketball backboards with corresponding waiver of sponsor fees. Further, the P.B.A. collective bargaining agreement includes a provision for a 1% wage increase retroactive to December 1, 2011. Also, increase in mowing costs related to increased services in contract.
Staff recommends approval of Resolution No. 12-6.
Item 21 - Second Reading – Ordinance No. 2012-1 – Ordinance Approving the 6th Amendment to the Master Development Agreement for the Port Orange Gateway Center Planned Commercial Development Case No. 11-40000002
At its December 15, 2011 meeting, the Planning Commission recommended approval of the request (7-0) to approve the 6th Amendment to the MDA and CDP. The Gateway Center shopping center is located on the northeast corner of the intersection of Dunlawton Ave. and I-95. If the 6th Amendment is approved, it will provide the regulatory framework to create an outparcel lot in front of the existing Lowe’s and establish development requirements for the proposed new lot and the current Lowe’s lot. The staff report is attached for more information.
Staff recommends approval of Ordinance No. 2012-1 approving the 6th Amendment to the Master Development Agreement (MDA) and Conceptual Development Plan (CDP) dated January 11, 2011 as recommended by the Planning Commission. John has recommended that we not change the rate resolution since the charges are not material.
I. PUBLIC WORKS (Warren Pike)
Effective October 1, 2011, Veolia ES Solid Waste Southeast Inc. was awarded a Non-Exclusive Franchise Agreement for roll-off container service in the City of Port Orange. Veolia ES has since decided to pull their services out of North America entirely and they have submitted a letter requesting the franchise agreement be terminated effective February 4, 2012.
Staff recommends approval of Ordinance No. 2012-2 and Veolia’s request to terminate the Non-Exclusive Roll-Off Franchise Agreement, Ordinance #2011-30, effective February 4, 2012.
City Manager Comments: As you know Veolia is moving out of Volusia County and eventually out of North America. They have requested that their non-exclusive franchise for roll off container services be terminated with the City of Port Orange.
J. HUMAN RESOURCES (Rob Zicker)
On February 1, 2011 the City and PBA ratified a 2009-2012, three year collective bargaining agreement (CBA). The CBA provided for each party to be able to open up to three additional Articles (Openers) for negotiations.
The City requested to open Article 17 – Annual Leave, Article 21 – Sick Leave and Article 27 – Retirement for the purpose of incorporating new statutory requirements pertaining to annual and sick leave accruals applying toward pensionable earnings.
The PBA requested to open Article 26-Wages.
The City and the PBA have agreed to revisions in the following articles:
• Article 17 – Annual Leave
• Article 21 – Sick Leave
• Article 26 – Wages
• Article 27 – Retirement
The City and the PBA agreed to the revised 2009-2012 collective bargaining agreement.
Staff recommends approving the 2009-2012 PBA collective bargaining agreement with revised articles.
City Manager Comments: The City Council approved a 1% adjustment in salary and made changes to annual, sick and retirement articles that brought the retirement article into compliance with the State Law on how sick and vacation leave accumulations will count toward final compensation.
On January 24, 2011 the City and PBA Lts. ratified a 2009-2012, three year collective bargaining agreement (CBA). The CBA provided for each party to be able to open up to three additional Articles (Openers) for negotiations.
The City requested to open Article 16 – Annual Leave, Article 19– Sick Leave and Article 25 – Retirement for the purpose of incorporating new statutory requirements pertaining to annual and sick leave accruals applying toward pensionable earnings.
The PBA Lts. requested to open Article 24-Wages.
The City and the PBA Lts. have agreed to revisions in the following articles:
The City and the PBA Lts. agreed to the revised 2009-2012 collective bargaining agreement.
Staff recommends approving the 2009-2012 PBA Lts. collective bargaining agreement with revised articles.
City Council Action: The contract provides for a 1% salary increase plus makes the changes to the annual leave, sick leave and retirement articles that brings the contract into compliance with the State Law related to how sick and vacation leave accumulations will count toward final compensation.
K. CITY ATTORNEY (Margaret Roberts)
PERC’s Order finding that the International Association of Fire Fighters, Local 3118 (“IAFF”) committed an unfair labor practice by not conducting a ratification vote has not been appealed. Staff recommends initiating litigation to require the IAFF to conduct the ratification vote.
Staff recommends authorization for Wayne L. Helsby, Esquire to file a lawsuit in the Seventh Judicial Circuit, Volusia County, Florida, for enforcement of the Public Employees Relations Commission (“PERC”) decision rendered on December 22, 2011, in ULP Case No. CB-2011-061, and authorize its continued prosecution on behalf of the City.
City Manager Comment: The City continues to work with the IAFF on contract negotiations. We will be conducting another workshop with the Union and the Actuary attempting to reach an agreement with the Union on contract issues. However, PERC has ordered the Union to conduct an election on the Impasse contract. More than 30 days has lapsed since the PERC order. In the statute, Circuit Court is the venue for enforcement of the PERC order. Although we will continue to meet with the Union on attempting to reach agreement, we are requesting permission to go into Circuit Court to seek a court order if necessary to compel the Union to conduct a ratification vote. They have raised two issues. Our labor counsel has addressed those issues with their attorney. Both of the issues should not be addressed pre-vote since those questions would have to be addressed in a post vote discussion.
The City was recently served with court process. The Volusia County Property Appraiser’s value of the subject property is $68,257.00. The amount owed for the first mortgage being foreclosed is $117,884.55. The amount of the second mortgage is $23,000.00. The amount of the City’s SHIP mortgage, which is subordinate to the first and second mortgages, is $5,519.83.
Filing a cross claim in the SHIP foreclosure matter relating to Deborah Haaf will incur legal expenses and costs in the amount of $3,000.00 to $5,000.00 for the City to recover a paper judgment. The City’s deadline for filing is February 13, 2012.
Staff recommends Council authorize the filing of the cross claim against Deborah Haaf for default on the SHIP loan.
L. ADMINISTRATION (Ken Parker)
The Florida League of Cities has requested Cities to pass resolutions asking the Legislature to enact additional Pension Reform measures. Representative Fred Costello has sponsored a comprehensive bill that would change a number of provisions in the existing law.
Both the House and Senate are considering incremental changes during the current session. That is what they did during the last session. The resolution simply states that the City Council supports changes to Chapters 175 and 185.
Staff recommends Council approve Resolution No. 12-7 Supporting Police Officer and Firefighter Pension Plan to Make the Plans Sustainable, Sound and Secure for Current and Future Police Officers and Firefighters.
Federal law requires Community Development Block Grant (CDBG) funds to be spent on projects and activities that primarily benefit low and moderate income persons. The City’s adopted FY 2011 – 2015 CDBG Consolidated Plan and the FY 2011 CDBG Annual Action Plan identifies the Safe Routes to School Sidewalk Project as the City’s priority capital expenditure using CDBG funds over the next several years.
Twelve (12) sidewalk gaps have been identified in the low/mod income area between U.S. 1 and the FEC Railroad, south of Port Orange Elementary School. These sidewalk gaps are depicted on the attached map. The Phase I Scope will fund the feasibility study for these twelve (12) sidewalk segments, including a neighborhood meeting to review the results of the feasibility study with area residents. Once the feasibility study is completed and approved, a new contract amendment for engineering design and permitting will be developed and presented to the City Council for approval. This project has been assigned the Capital Project Number: CDBG02. Funding for this project will come from Account #110-1904-554-6397. Donna Steinebach, Assistant to the City Manager, will serve as Project Manager.
Staff recommends approval of Amendment #2 to the November 2010 Continuing Services Contract with Zev Cohen & Associates, Inc., for the CDBG Safe Routes to School Sidewalk Project, Phase I, for an amount not to exceed $49,800.00, and to authorize the Mayor and City Manager to execute said contract amendment on behalf of the City.
Please see attached letters regarding the renaming of the Allen Green Civic Center.
City Manager Comments: Palmer Chiropractic College leases the Center from the City of Port Orange. They have requested the right to name the Clinic turning the term of their lease with the City of Port Orange. The naming rights would run with the lease of the property to Palmer. However, if Palmer should cease to lease the facility from the City of Port Orange, the City’s designated name would be placed on the building. Any agreement with Palmer should be make it clear that the naming rights to the building apply only during the period of time that they are leasing the building from the City and should they decide at some point in the future to not lease the building then they would replace the name on the building with official name as designated by the City Council. This is the same type of agreement that we have with them concerning the monument sign located on Clyde Morris.
To facilitate redevelopment in Town Center, staff has prepared a Request for Proposals (RFP) for the sale or exchange of select City & CRA lands within the Riverwalk Area of Port Orange Town Center. The properties subject to this RFP are identified on the attached map. This map also depicts the lands sought by the City & CRA to complete the land assembly for the Riverwalk Park.
Since RFP#12-2 addresses both CRA and City-owned property, both bodies must approve issuance of the RFP. Pending these approvals, RFP #12-2 will formally be issued and advertised pursuant to Florida Statutes.
Staff recommends approval to issue RFP#12-2, and to designate the Town Center CRA members as the Proposal Evaluation Committee.
City Manager Comments: The Town Center Community Development Agency met on Tuesday, January 10, 2012. They have reviewed the Request for Proposals and have recommended that the RFP be advertised. This is a land transaction, not a request for development proposals. The RFP provides for the sale of City and CRA property or to swap properties with the private sector in order to achieve CRA and City Council objectives in the Riverwalk District of the Town Center CRA. The Town Center CRA decided that they wanted to act as the evaluation committee. That change has been made to the RFP. If you have questions, please feel free to contact Donna, Wayne or me.
The Florida Department of Transportation (FDOT) has advertised for a design-build project widening I-4 from four to six lanes from the S.R. 44 interchange to west of I-95 and resurfacing to east of I-95 in Volusia County. Four firms have been shortlisted and price proposal are due on February 3, 2012. Up to 1.4 million cubic yards of fill material may be needed for this project. Due to the proximity of the well field property to the project site, the City has been contacted by a least one of these firms, as well as by several potential sub-contractors, to see if the City would be willing to negotiate for all or a part of the required fill material. There are several sites that the fill could be excavated from that would not impact the wetland mitigation bank and conservation areas.
If the City Council is willing to consider such an arrangement, staff believes that there are two avenues that can be taken. First, the City could negotiate a change order with Halifax Paving who is currently under contract with the City through December 31, 2013 to excavate an additional 1 million cubic yards of dirt from the reservoir of which 250,000 cubic yards belongs to the City. To date, Halifax Paving has excavated 270,000 cubic yards of its share. In order to provide sufficient dirt, the City has the option of selling its share to Halifax in accordance with the agreement.
Second, the City could bid the sale of the fill material through construction or enlargement of a borrow pit and could set minimum bid criteria. This would have to be separate from the reservoir under contract with Halifax Paving. In this circumstance, staff would recommend that the contractor be required to fund the design and permitting as required by any and all regulatory agencies.
If you have any questions, please contact Shannon or me.
City Manager Comments: As you are aware FDOT is soliciting proposals from contractors to widen I-4 between Deland and Daytona Beach. There have been several individuals who have talked with the City about the dirt. This could be an opportunity for the City to sell some dirt to the contractor. Shannon will be briefing the City Council on Tuesday night.
Annually, the City Council conducts an annual evaluation of the City Manager. I have attached a self-evaluation as well as goals for 2012. I have aligned the goals in the memo with your stated goals as well as the goals outlined in our Vision Statement.
M. COUNCIL COMMENTS
At this time council members may discuss various matters or concerns.