To: Mayor Allen Green
Vice Mayor Bob 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
April 3, 2012
Date: March 28, 2012
Item 1 - Pledge of Allegiance
Item 2 - Silent Invocation
Item 3 - Roll Call
B. SPECIAL AWARDS, RECOGNITION, PROCLAMATIONS
A proclamation will be presented to Richard C. Devin, Jr. in recognition of his achievement in attaining the rank of Eagle Scout.
A proclamation regarding Water Conservation Month will be read.
A proclamation regarding Port Orange Volunteer Month will be read.
A sign recognizing the Spruce Creek Girls State Weightlifting team will be presented to the team/school.
C. BOARD REPORTS
A member of the Parks and Recreation Advisory Board will present a report.
D. SPECIAL REPORTS
This will be the first of many discussions that the City Council will have on establishing the process for selecting the next City Manager for Port Orange. On Tuesday evening, Howard Tipton will be present with items that the City Council may want to consider. Lynn Tipton, the Executive Director of the Florida City-County Management Association, will be in Port Orange on April 3 as well. I have asked her to discuss with you how Range Riders can potentially assist the City Council in the process. I am in the process of drafting a memorandum that will outline options and alternatives that are available to the City Council, including the use of an executive recruitment firm. Also, I will provide the City Council with potential timeline for your consideration as well as budget estimates.
I have asked Ormond Beach to provide me with the information that they used when they recruited their City Manager a few years ago. Also, I have asked Dick Kelton to provide information as well.
Tuesday night, Alex Kish from Brent Millikan will be in attendance to present the City’s Annual Audit. If you have not had an opportunity to meet with Mr. Kish and would like to do so, please feel free to contact Cindy and she will arrange a meeting time and date with him.
E. CITIZEN PARTICIPATION (Non-Agenda – 15 Minutes)
F. CONSENT AGENDA
Item 11 - Approval of Minutes
Attached are the City Council meeting minutes recently held. Should you have questions, please feel free to contact Robin or me.
Attached is the update on recreational facilities. Should you have any questions, please contact Susan Lovallo or me.
Attached is the update on construction projects from Quentin L. Hampton Associates, Inc. Staff recommends acceptance of the report.
Currently the Port Orange IT department maintains 30 security cameras throughout the City at strategic locations. The footage from these cameras has been instrumental in solving some serious crimes around the City. The external auditor for the City, Milestone, has just completed an audit which calls for:
“Video surveillance of Public Works, Fleet and all fuel dispensing areas should be included in the City’s video surveillance program. This should include the fuel dispensing location at the old police department, fire station #4, and the golf course. Feed from the surveillance should be kept/made available for at least 60 days. Access to video records should be maintained in a secure manner, and possibly on the City’s server with system access granted to limited individuals. Signage such as “This area is under 24-hour video surveillance” should be installed in all areas with cameras to deter fraudulent activity.” The attached quote of $68,495.00 is for the installation of these cameras, all hardware and the storage array to archive 60 days of video footage at Public Works and the old PD by Diamond Quest security systems. This system will integrate with our current system and leave room for expansion to other facilities. For further information contact Tony Marino, Director Information Technology.
Staff recommends Installation of security cameras at public works facility and old PD fuel stations and purchase of video storage system per auditor requests.
February 21, 2012, Robert Wolk, representing Waste Pro of Florida, requested council consensus to revise the garbage collection days from Tuesday and Fridays to Monday and Thursday in six subdivisions (Foxboro, Halifax Estates, Parkwood South, the Settings, Raintree, and Southport). The proposed route change would improve operational efficiency and result in an earlier collection of the garbage. With council concurrence, residents of the areas were notified of the proposed change via postcards. Additionally, the postcard included an invitation to attend public meeting to allow residents to ask questions. The meeting was held on March 16, 2012.
If approved, the amendment will formally amend the collection days for the referenced subdivisions.
Staff recommends approval of the First Amendment to Solid Waste Contract B-11-08 between the City of Port Orange, Florida and Waste Pro of Florida, Incorporated revising the garbage route schedule by subdivision and authorizing the Mayor and City Manager to execute contract documents as required.
Change Order #3 authorizes additional engineering design services for the Reclaimed Water Plant Reservoir Storage and Discharge Permit Modifications. We have recently succeeded in our attempt to modify existing FDEP & SJRWMD permits governing the operation of the 175-acre lake system. As approved by these agencies, it will provide an additional 142 million gallons of additional reclaimed water storage in the lakes. Furthermore, it will allow for intentionally surcharging the lakes to overflow into the adjacent wetland system. This will therefore provide the City with a second discharge for excess treated effluent (in addition to the existing Halifax River outfall).
The additional design work will include a filtration and pumping system to more effectively harvest reclaimed water back out of our two reservoirs. The original engineering cost was estimated at $139,460. With the approval of this Change Order #3 the total engineering fee for this project will be revised to $174,310. It should be noted that extensive environmental monitoring, survey work, and mapping has been accomplished over the past 18 months by our consultant and their sub-consultants in order to successfully achieve these critical permit modification approvals.
The Engineer shall include preparation of contract specifications, civil, mechanical, structural and electrical bid document plans, land surveying, permitting and bidding assistance. The Engineers shall be compensated as described in Article III subparagraph A of the February 14, 1980 Agreement between Quentin L. Hampton Associates, Inc. and the City of Port Orange. Funding has been budgeted and is currently available in Capital Improvement Project #RIM005, Acct. #403-0400-535-6397, to pay for this additional design work effort.
Staff recommends approval of the Change Order #3 in the amount of $45,050 to our existing Engineering Contract with the firm of Quentin L. Hampton Associates (QLH) under Addendum #81 pertaining to engineering services, and authorize the Mayor and City Manager to execute the associated contract documents.
Item 17- Joint Stipulation for Dismissal with Prejudice, Settlement and Release of the City of Port Orange v. Petroleum Technicians, Inc., Zabatt, Inc., and Florida Detroit Diesel-Allison, Case no.: 2008-34187-CICI
The City of Port Orange currently has a lawsuit pending in the Circuit Court related to a spill of diesel fuel in 2006 at Fire Station #4 against three companies that provided either installation, maintenance or repair services to the city. On February 22, 2012, the Circuit Court granted the defendants' motions to dismiss the City's third amended complaint with prejudice. The Stipulation and the Settlement and Release waives the City's right to appeal the dismissal and ends the lawsuit in exchange for the defendants' waiver of their rights to seek attorneys' fees and costs. The City's insurance carrier, LSI Corporation, a member of Liberty Mutual Group, agrees with the stipulation and settlement and has paid all costs for the prosecution of this lawsuit to date. The insurance carrier continues to provide coverage for ongoing environmental remediation at the site.
Staff recommends approval of the Joint Stipulation for Dismissal with Prejudice, the Mutual Settlement Agreement and Release, and to authorize the Mayor and Manager to execute all documents necessary in connection therewith, as approved by the City Attorney.
Quentin L. Hampton Associates provided a Scope of Services for Construction Supervision and Inspection phase services associated with the installation of AC units at City Hall. Subsequently, Purchase Order No. 064478 was issued on 8/05/10 funded from Project No. XFG009, Account 506-4200-539-6400. Approval of the addendum formalizes the contract between parties.
Staff recommends approval of the Addendum with Quentin L. Hampton Associates for construction supervision and inspection phase services associated with the installation of AC units at the old Police Department, and to authorize the Mayor and City Manager to execute contract documents, as required.
Quentin L. Hampton Associates provided a Scope of Services for Construction Supervision and Inspection phase services associated with the installation of AC units at City Hall. Subsequently, Purchase Order No. 066712 was issued on 2/15/12 funded from Project No. XFG009, Account 506-4200-539-6400. Approval of the addendum formalizes the contract between parties.
Staff recommends approval of the Addendum with Quentin L. Hampton Associates for construction supervision and inspection phase services associated with the installation of AC units at City Hall, and to authorize the Mayor and City Manager to execute contract documents, as required.
G. PUBLIC SAFETY (Gerald 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 Bike Week.
H. COUNCIL COMMENTS
At this time council members may discuss various matters or concerns.
I. TOWN CENTER CRA ACTING AS THE PROPOSAL EVALUATION COMMITTEE FOR RIVERWALK RFP #12-2
Item 22 – Interviews and Ranking of Proposals for Riverwalk RFP #12-2 (continued from March 27, 2012)
This is a continuation of the CRA meeting from March 27, 2012. This is an opportunity for the CRA to asked the developer and staff questions. Also, this is an opportunity for the CRA to discuss exactly where they want to go in relationship to the Riverwalk Proposal. If the CRA decides to move forward, the CRA Board will need to authorize the staff to complete negotiations with the proposer. If there are items in the proposal that are not acceptable to the CRA, then staff will need to know what items are not acceptable so that a contract can be negotiated and brought back to the CRA and City Council for consideration.