MEMORANDUM

 

 

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 24, 2012

 

Date:               April 17, 2012

 

 

A.           OPENING

 

Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call

 

B.           SPECIAL PRESENTATIONS, RECOGNITIONS AND PROCLAMATIONS

 

Item 4 -           Spruce Creek High School Jazz Band

 

Council will recognize the accomplishments of the Spruce Creek High School Jazz Band.

 

Item 5 -           Spruce Creek State Science Fair Participants

 

Council will recognize the accomplishments of the Spruce Creek High School Science Fair Participants.

 

Item 6 -           Arbor Day Proclamation

 

A proclamation honoring Arbor Day will be read.

 

Item 7 -           Police Recognition Awards

 

The police department will present one police officer with an Award of Heroism, one police officer with an Award of Merit, one police officer with an Award of Achievement and one citizen commendation.

 

Item 8 -           Report from KemperSports Management regarding Cypress Head Golf Course

 

A representative of KemperSports will make a report to the Council regarding The Golf Club at Cypress Head at this time.

 

C.           TOWN CENTER CRA MEETING

 

·         Approval of Minutes

·         AUTHORIZATION TO ISSUE BID FOR CONCESSIONAIRES IN CITY PARK AREAS IN PORT ORANGE TOWN CENTER

 

Staff has been approached by several parties interested in using designated Park areas in Port Orange Town Center for private business enterprises.   These areas include Causeway Park and one or more locations within Riverwalk Park, including the Hoffmeister/Wilson property north of Riverside Pavilion.  To allow this type of activity, a concessionaire’s license is required, and must be competitively bid.   Input from the CRA on the following issues is requested to assist staff in developing the bid specifications.  Standard City insurance requirements will apply.

 

1.         Specific locations deemed acceptable for concession activity;

2.         Specific concessions allowed (e.g. kayak/paddleboard, food vendors);

3.         Limitations on days of week and/or hours of operation;

4.         Fees or other compensation due to City/CRA; and

5.         Type/amount of signage allowed on vehicles and/or property during concession             activity.

 

Staff recommends the CRA authorize Staff to issue a bid for Concessionaires in City Park areas in Town Center, pursuant to the parameters established by the CRA.

 

D.           CITIZEN PARTICIPATION (Agenda)

 

Item 9 -           Request to Waive business tax penalty fee for Space Coast Credit Union

 

Linda Johnston was recently assigned as the Branch Manager to the Port Orange Branch of the Space Coast Credit Union.  The Branches were without a permanent manager for several months in 2011.  Notices were not forwarded to the home office for processing.  Ms. Johnston became aware that the license had not been renewed in January, 2012.  She requisitioned the funds and forwarded the billing to the home office.  The check was processed by Space Coast under their normal procedures, not in an expedited fashion.  The Space Coast check was received after the penalty date.  Because the payment was delinquent, the City did not accept payment. 

 

The City of Port Orange sent the original billing in September 2011.  In January 2012, a reminder notice was sent to all businesses that had not paid.  The reminder notice indicated that if the business license/tax renewal was not paid by January 31, 2012, then an additional $250 would be applied to their renewal.  

 

Ms. Johnston being a new branch manager took action to get the funds to the City of Port Orange after she became aware that the license fee/business tax had not been paid.  Because of the vacancy at Space Coast, it appears that this is an item that fell through their administrative crack.  If she had called, we would have worked with Space Coast knowing she has to operate within certain administrative guidelines of her organization.

 

This is one where the individual took action as soon as possible to obtain the funds needed to meet Space Coast’s obligation.  Unfortunately, it the funds were received after the penalty date.  The City of Port Orange has an excellent relationship with Space Coast.  Many of our employees are members.  They are the financial institution that handles our direct deposit transactions. 

 

I am recommending that the City Council waive the penalty fee for Space Coast based upon the facts submitted in Ms. Johnston’s letter and her attempt to obtain the funds from her home office to make the payment.

 

City Manager Comments: The reason that I have recommended reducing the penalty is because of the circumstance around the management change at the local Space Coast Credit Union. 

 

The City did send out reminders to businesses that were delinquent.  It is just unfortunate that the Credit Union was undergoing a change in managers during this period of time and the notices were not forwarded to the home office for payment.

 

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

 

F.            CONSENT AGENDA

 

Item 10 -        Project Managers’ Report

 

Attached is the Project Managers Report.  If you have questions, please contact any of the Project Managers or me.

 

Item 11 -        Staff Reports – Building Activity Report and Monthly Development Activity Report for March, 2012

 

Attached are the monthly reports from the Community Development Department.  Should you have questions, please feel free to contact Wayne Clark or me.

 

Item 12 -        License Agreement – 5829 Riverside Drive; Case no.: 12-97500001

 

Mr. Henry Koenke and Ms. Theresa Koenke, the owners of the subject property, have applied for a License Agreement through the Department of Community Development.  The application was made in connection with a proposal to replace an existing paver driveway with a new paver driveway of a different style with the same layout. When the building permit for the new driveway was submitted it was noticed that a license agreement was not in place for the existing pavers in the right-of-way. The License Agreement will bring the property into compliance with city regulations and allow the issuance of the building permit for the new paver driveway.

 

The License Agreement application has been reviewed for completeness and accuracy. The area has been inspected with respect to city codes and possible effects to adjacent properties resulting in no outstanding concerns.  Liability concerns are minimal since this neighborhood does not have sidewalks. The proposal has been determined to be acceptable to the Department of Community Development.

 

The property owner has been advised of applicable requirements and advised of the License Agreement and permit review process.  This agreement has the effect of requiring the property owner to maintain and, if necessary, replace these improvements with the accepted standard construction materials. Further, should the property owner fail to abide by this requirement, it provides the city with the ability to take necessary corrective actions at the expense of the property owner.

 

Staff recommends approval and authorization for the Mayor and City Manager to act on behalf of the City of Port Orange to execute a License Agreement for 5829 Riverside Drive.

 

Item 13 -        Large Meter Replacement Contract with Mullins Underground Inc. and Purchase Order Revalidation and Additional Work Authorization

 

During the reconstruction of water lines along the Atlantic Avenue corridor within the City of Daytona Beach Shores, Public Utilities Staff recently recognized the need to replace several large water meters. To that end unit price cost proposals were received from three local utility contractors. Cost proposals were then reviewed by our field operations and engineering staff. The lowest responsive price quote was received from Mullins Underground Inc. for the initial three representative water meters. A purchase order was then issued and this work now has been successfully performed by them.

 

Since the initial work authorization award of $16,400 for the first three meters, our field operations staff has identified two additional similar meter installations that Mullins is willing to install at a reduced amount of $4,000 per meter + $ 900 for concrete sidewalk replacement.  Mullins Underground has performed work for us successfully in the past and based on their past work history we would like to recommend that the work authorization be extended to include these two additional large meters at this time. We are familiar with this local company who are very easy to work with, and are confident that this company can complete this project successfully for us in a timely manner.  We therefore request your approval at this time. A contract has now been drafted for this purpose.  

 

Funds are currently available in Project, # MMM 101, account # 42108005336397, to pay for this necessary work revalidation and additional work authorization.

 

Staff recommends approval of the contract, and re-validation of the Purchase Order to Mullins Underground Inc. for the replacement of five large water meters within the City of Daytona Beach Shores along South Atlantic Avenue in the amount of $25,300 and to authorize the Mayor and City Manager to sign all required contract documents.   

 

Item 14 -        Approve Allied Aquatic, Inc. for Treatment of Lakes, Retention Ponds, Canals and Ditches

 

Staff advertised and received seven qualified bids for the treatment of algae and weed control on City owned lakes, retention ponds, canals and ditches located throughout the City and at the municipal golf course.  As shown on the bid summary attached, Applied Aquatic Management Inc. is the low bid vendor with an annual bid of $35,796.00 (approximately $9,600.00 less than our current contract with Clarke Aquatic Services). Public Works staff verified references and reviewed equipment lists, and are confident of the vendor’s ability to provide the service.  Purchasing staff verified receipt of required insurance.  The contract with Applied Aquatics will be effective May 1, 2012 through April 30, 2013 and can be renewed up to 5 years, in annual increments, based on same terms and conditions provided both parties are in agreement, upon execution.

 

Project No.:    None                          Funding Account No. 41218005413414 $ 29,940.00

                                                                                                    45054005793414 $    5,700.00 

                                                                                                    00144005723414 $       156.00

 

Staff recommends approval of the qualified low bid vendor, Applied Aquatic Management Inc., for a total annual cost of $35,796.00 and to authorize the Mayor and City Manager to execute contract documents subject to receipt of properly executed contract documents and performance bond from the approved bidder.

 

Item 15 -        Change Order No. 20 – R&R Industries – City Hall Roof Project

 

City Staff working in concert with Stottler Stagg & Associates and R&R Industries Inc. collectively reevaluated the contract documents and previous change orders.  As a result, staff is bringing forward three separate Change Orders, Nos. 20 through 22, in order to reconcile the work performed to date under the direction of previous project managers with the City, the contractor, and the design professional.

 

With respect to Change Order No. 20, the project team identified a variety of credits due to the City.  Credits were generally for work items that were either not performed or for items that were incorrectly accounted for in previous additive change orders.  The cumulative deductions total $48,201.45.  Funds would be credited back into:

Project No.:    AIO008           Funding Account No.: 31710005196397                                  

 

Staff recommends approval of the deductive Change Order No. 20 to the contract with R&R Industries, Incorporated in the amount of $48,201.45 for the City Hall roof project, and authorize the Mayor and City Manager to execute contract documents, as required.

 

City Manager Comments: These comments apply to the next four agenda items.  The first change order is a deductive change order.  During the review, it was determined that a variety of credits were due the City of Port Orange.  The Project Inspector along with the Project Manager worked with the contractor and the architect to determine what items were reductions in the roof contract. 

 

With the reconciliation completed on completed, it allowed the Project Manager and Project Inspector to then evaluate change orders that been authorized in the field in order to keep the project moving.  Change Order 21 is specifically related to carpentry repairs, removal and replacement of plywood, and debris removal and disposal of the refuse.  The change order amounts to $19,225.78.  Change order 22 relates to work that was not included in the scope of work to be performed by the contractor or was work that was not anticipated.  This includes the installation of the copper flashing at tiel roofs, installation of two crickets on the upper roof by the front entrance and installation of six scuppers and face plates.  The change amounted to $6,914.55.    The final change order relates to the flat roof at City Hall.  As you will recall, when they torn off the flat roof, they found problems.  Those problems were identified by R and R.  The initial estimate was that the change order would cost approximately $100,000 to correct the issues that were discovered.  The contractor, architect, building official, and project team began reviewing alternatives.  Through the review process, it was determined that the lowest cost and most efficient way to address the problem was to use lightweight concrete.  The use of the lightweight concrete provides a permanent solution that will not need to be removed when future roof repairs are made.  The roof materials manufacturer will provide a 20 year warranty as pre the plans and specifications.  This option is less than was originally anticipated.  Funds are available for the project.  They have requested an additional 56 days to complete the work.  That is reasonable based upon the delays that have occurred.

 

Item 16 -        Change Order No. 21 – R&R Industries – City Hall Roof Project

 

City Staff working in concert with Stottler Stagg & Associates and R&R Industries Inc. collectively reevaluated the contract documents and previous change orders.  As a result, staff is bringing forward three separate Change Orders, Nos. 20 through 22, in order to reconcile the work performed to date under the direction of previous project managers with the City, the contractor, and the design professional.

 

With respect to Change Order No. 21, the project team identified a variety of additional work items that were required to be completed and authorized in the field in order to allow work to continue.  Expenses incurred were generally for work items that were either not included or could not reasonably be anticipated.  More specifically, the work involved all labor and material for general carpentry repairs, removal and replacement of plywood, and subsequent debris removal and disposal of refuse. The cumulative additions total $19,225.78.  Funds are available in: Project No.:            AIO008           Funding Account No.: 31710005196397               

 

Staff recommends approval of the additive Change Order No. 21 to the contract with R&R Industries, Incorporated in the amount of $19,225.78 for the City Hall roof project, and authorize the Mayor and City Manager to execute contract documents, as required.

 

Item 17 -        Change Order No. 22 – R&R Industries – City Hall Roof Project

 

City Staff working in concert with Stottler Stagg & Associates and R&R Industries Inc. collectively reevaluated the contract documents and previous change orders.  As a result, staff is bringing forward three separate Change Orders, Nos. 20 through 22, in order to reconcile the work performed to date under the direction of previous project managers with the City, the contractor, and the design professional.

 

With respect to Change Order No. 22, the project team identified a variety of additional work items that were required to be completed and authorized in the field in order to allow work to continue.  Expenses incurred were generally for work items that were either not included or could not reasonably be anticipated.  More specifically, the work involved all labor and material for installation of copper flashing at tile roofs, installation of two crickets on the upper roof by the front entrance, and installation of six scuppers and face plates.  The cumulative additions total $6,914.55. Funds are available in: Project No.:             AIO008           Funding Account No.: 31710005196397                      

 

Staff recommends approval of the additive Change Order No. 22 to the contract with R&R Industries, Incorporated in the amount of $6,914.55 for the City Hall roof project, and authorize the Mayor and City Manager to execute contract documents, as required.

 

Item 18 -        Change Order No. 23 – R&R Industries – City Hall Roof Project

 

R&R Industries provided three options/estimates as solutions to the problem with the tapered roof at City Hall.  Attached are copies of each option; one involves the use of lightweight concrete and the other two involve the use of tapered insulation.  Staff recommends approval of the lowest cost option, lightweight concrete, for the additional amount of $75,565.41.  This option is preferred for two reasons.  First, it’s a permanent fix for the slope issue and, unlike the options that involve tapered insulation, it will not have to be removed for future roof replacements.  Second, it’s the most cost efficient because it’s less labor intensive.

 

Soprema will provide a 20-year warranty as per the plans and specifications, and R&R will provide a 5-year warranty as per the plans and specifications. (The warranties will be supplied to the City Attorney’s office for review and their concurrence.)

 

In addition to the cost, Change Order 23 provides for an additional 56 days to the contract time. While R&R originally requested 90 days, all parties agreed to 56 days.  Because construction was halted per the City, the contract time of 56 days will not commence until the City issues releases its “Stop Work Order.” This cannot occur until council approves the change order and all parties execute the required documents. Funds are available in: Project No.: AIO008         Funding Account No.: 31710005196397

 

G.           FINANCE (John Shelley)

 

Item 19 – Monthly Financial Report

 

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

 

H.           COMMUNITY DEVELOPMENT (Wayne Clark)

 

Item 20 -  Second Reading – Ordinance No. 2012-7 – Rezoning/City of Port Orange Dunlawton Ave./Herbert St. block, east of Florida East Coast Railroad. Case no. 12-60000001

 

At the February 16, 2012 meeting, the Planning Commission recommended approval, 5-0 (Commissioners Barker and Green excused), to rezone ±1.35 acres, located between Dunlawton Avenue and Herbert Street, east of the FEC railroad, and west of Orange Avenue, from “CI” (Commercial Industrial) and “NP” (Neighborhood Preservation) to “ORT” (Office/Residential Transition). 

 

The Future Land Use (FLU) designation of the subject area was amended by the City to Office/Residential Transition as part of the 11-1 Comprehensive Plan Amendment package, effective in November 2011. This FLU amendment was part of an on-going effort to apply the most effective land use to properties that better match existing uses and increase the potential for new investment in the amendment areas. The subject area is developed with offices and residential homes. There are also two vacant lots located between the offices and a bank. The previous industrial FLU and zoning categories could limit options in the area that has transitioned from railroad, industrial type uses. The proposed zoning of “ORT” (Office/Residential Transition) would be consistent with the new FLU designation.

 

Staff recommends adoption of Ordinance No. 2012-7, rezoning approximately ±1.35 acres, located between Dunlawton Avenue and Herbert Street, east of the FEC railroad, and west of Orange Avenue, from “CI” (Commercial Industrial) and “NP” (Neighborhood Preservation) to “ORT” (Office/Residential Transition), as recommended by the Planning Commission.

 

Item 21 - First Reading – Ordinances No. 2012-8 Small Scale Future Land Use Amendment/ Summit Golf Center/Tim Peightal (Case no. 12-20000001)

 

At its March 22, 2012 meeting, the Planning Commission recommended approval, 6-0, of an amendment to the Future Land Use (FLU) Map of the City of Port Orange Comprehensive Plan. This map amendment is to change the FLU designation of approximately 9.9 acres, located at 4116 S. Nova Road, from Conservation to Warehouse/Industrial. The amendment is being processed pursuant to the November 2011 Settlement Agreement. If approved, the owner intends to rezone the property to a category consistent with the FLU.

 

The second reading of the ordinance will be scheduled upon receipt of the Volusia Growth Management Commission (VGMC) certification.          

 

Staff recommends adoption of Ordinance No. 2012-8 amending the Future Land Use Map of the City of Port Orange, as recommended by the Planning Commission, and pursuant to the November 2011 Settlement Agreement with Summit Golf Academy Inc. and Timothy G. Peightal.

 

Item 22 -        Request to Reduce the Comprehensive Plan Amendment Application fee/Case no. 12-20000001

 

On March 1, 2011, Summit Golf Academy Inc. and Timothy G. Peightal (Plaintiffs) filed a claim for property rights and damages under the Bert J. Harris Jr. Private Property Rights Protection Act. In November 2011, a settlement agreement was entered into between the Plaintiffs and the City to change the FLU designation of the subject property to Warehouse/Industrial.

 

On March 16, 2012, Edward S. Donini, Esq., applicant for the property owner, Timothy G. Peightal, submitted a Comprehensive Plan Amendment Application to change the Future Land Use (FLU) of ±9.9 acres from Conservation to Warehouse/Industrial, pursuant to the November 2011 Settlement Agreement with Summit Golf Academy Inc. and Timothy G. Peightal.  

 

The applicant is requesting that the City Council reduce or waive the $2,500 application fee (see attached letter dated April 4, 2012). Due to the previous analyses of this request, significantly less staff review time was required to prepare this report than would be typical for a new application.  The cost for staff’s review of this application is estimated to be $831.68, based on staff time to process and review the application, prepare the staff report, and the copying costs. 

 

See staff report for Case No. 12-20000001 for additional background information.

 

I.              HUMAN RESOURCES (Rob Zicker)

 

Item 23 -        Annual City Employees’ Health Insurance Renewal

 

The City and Florida Health Care have reached a tentative agreement for the renewal of the Health Insurance Plans for City employees for a July 1, 2012 effective date. 

 

In order to control cost, this tentative agreement includes slight changes to the Balance HMO, the base plan, and removal of the under-utilized vision rider from all plans.

 

We have secured an 8.8% increased for all plans combined.  There will be a 3.6% increase to the Balance HMO for which the City pays 100% of the single employee premiums. 

 

Staff recommends approval of the renewal of City employees’ current health insurance plan with Florida Health Care.

 

City Manager Comments: It is renewal time for our health insurance contract with Florida Health Care.  Last year, the City advertised for bids for health insurance.  The City received excellent prices for our health insurance.  However, during the current plan year, the City has experienced losses in every one of the plans offered to employees.  For the past several years, the City has experienced lower than normal insurance premium increases that were being experienced by other locales in our area.  What we have seen is a decline in use by our employees since January.  In January, the City Council implemented the wellness clinic that employees can use instead of going to their emergency room on weekends, in evenings , and for certain other services.  The City’s base plan increase which determines what the City will pay is increasing 3.6%.  If an employee selects one of the other plans, they will experience a larger increase in premium for themselves as individuals and for their dependents. 

 

J.            ADIMINISTRATION (Ken Parker)

 

Item 24 -        Resolution No. 12-18 – Public Records Fee Policy

 

City staff regularly reviews current practices regarding public records requests to determine if revisions are necessary based upon best practices and/or changes to State law.  The attached resolution recommends several changes including:

·         Clarifying that each document that is certified is $1.00;

·         Reducing the cost of CD and/or DVD duplications from $10.00 to $1.00 each;

·         Changing the cost of copying cassette tapes, VHS tapes and floppy disks to actual cost of duplication;

·         Adding a notary service in the amount of $5.00 per document; and

·         Changing the solicitor’s background check from $23.00 to $24.00 as amended by FDLE.

 

In addition, Staff recommends that the City Council consider not charging for requests resulting in a fee less than $1.00 because the cost of producing the receipt outweighs the revenue.  The proposed changes are consistent with neighboring cities as well as current State Statutes, Chapter 119.

 

Staff recommends approval of Resolution No. 12-18, revising and establishing City fees for public records requests consistent with current Florida Statutes, Chapter 119.

 

City Manager Comments: Recently, we reviewed the fees related to Public Records.  We found that the some of our charges were out of alignment with the Florida Statute.  This Resolution brings the charges into alignment with the statutes.  Further we are staff is recommending that for any charge under $1 that we not charge for that record. 

 

Item 25 -        Resolution No. 12-19 – Permitting Palmer College Foundation, Inc. to rename the Allen Green Civic Center during the term of their Lease Agreement

 

In February, Palmer College Foundation, Inc. (Palmer) requested that the City Council allow them to rename the Allen Green Civic Center and change the exterior building signage during the term of their lease agreement.  The City Council expressed a willingness to allow the change.  The attached resolution clarifies that Palmer is responsible for the costs and liability associated with the change in signage, that they will securely store the existing lettering, and will upon termination of the lease, reinstall the “Allen Green Civic Center” signage.

 

Staff recommends approval of Resolution No. 12-19 permitting Palmer College Foundation, Inc. to rename the Allen Green Civic Center and change the exterior building signage during the term of their lease agreement.

 

City Manager Comments: This is to memorialize City Council authorization to allow Palmer College to rename the Allen Green Center during the term of their lease.

 

Item 26 -        Resolution No. 12-20 – Calling a Primary and Regular Election for Mayor and Council Member – District Three

 

The purpose of this resolution is to establish the qualifying and election dates for a primary and regular election to elect a Mayor and Council Member – District 3.

 

Staff recommends adoption of Resolution No. 12-20, Calling a Primary and Regular Election, Providing for Qualifying and Election Dates.

 

Item 27 -        Council discussion on City Manager selection process

 

At the first meeting in April, the City Council heard a presentation by Howard Tipton and Lynn Tipton related to the selection process for City Manager.  Howard’s memorandum was included in the packet of material.  He outlined several items that were also included in the memorandum that I produced for the City Council.  Lynn talked about the value of the Range Riders. The first major decision that needs to made by the City Council is whether the Council desires to solicit proposal from professional recruitment firms.  Some area cities have used recruitment firms to help them recruit and screen applicants.  Other cities have used range riders and citizen committees to screen applicants.  Others have simply done the job themselves without input from range riders or citizen committees.

 

If the City Council desires to use a search firm, then an RFP has to be developed and advertised.  The firm would then be interviewed and selected.  There are a number of firms that operate in the State of Florida doing this type of work.  The City Council should expect to pay between $25,000 and $40,000 for an executive search firm.  Currently, Team Volusia is conducting an executive search for its President and CEO.  Proposals that were received from search firms had fee proposals that ranged between $25,000 and $40,000. 

 

If an executive search firm is not needed, then the decision needs to be made if the City Council desires the assistance of the range riders.  If yes, then a meeting would need to be scheduled with the range rider to meet with the City Council.  The City Council would need to decide whether to use a citizen committee as part of the screening process.  If so, how many citizens would sit on that committee?  A citizen’s committee needs to be a broad range of citizens representing all community sectors. 

 

I think the schedule that was outlined in my memorandum is still doable.  However, if the City Council uses an executive search firm or the range riders, they may recommend modifications to the schedule. 

 

Howard indicated in his closing remarks that the actual selection of the manager should be the City Council that will be in office when that individual assumes the manager position.  The schedule that I proposed contemplated that the interview process would occur after the new City Council is seated on December 4, 2012.  

 

K.           COUNCIL COMMENTS

 

Item 28 -        Comments/Concerns from Council Members

 

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

 

Item 29 -        City Council Committee Reports

 

At this time, Council Members may report on various committees to which they have been assigned.

 

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