MEMORANDUM

 

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

May 22, 2012

 

Date:               May 16, 2012

 

 

Originally, Community Development was scheduled to make their initial budget presentation to the City Council on May 22.  However, because Mike Ulrich has accepted a new position with another local government on June 4, it was agreed that Community Development would be moved to the June 5 City Council Meeting and Utilities would be moved to the May 22 meeting.  This will allow Mike to make the presentation to the City Council since he is the individual who has prepared the preliminary budget.

 

A.   OPENING

 

Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call

 

B.   SPECIAL AWARDS, RECOGNITION, PROCLAMATIONS, REPORTS

 

Item 4 -           Port Orange Police Department Art Contest Winners

 

The Port Orange Police Department in cooperation with Wal-Mart is promoting crime prevention in the City of Port Orange by sponsoring a Crime Prevention Art Contest at all six elementary schools in Port Orange – kindergarten through fifth grade.  First place winners from each of the six elementary schools will receive a certificate, a new bicycle and a new bicycle helmet.

 

Item 5 -           Local Business Spotlight

 

The Port Orange/South Daytona Chamber of Commerce will present the featured business of the month.

City Manager Comment: This is an excellent opportunity to recognize a major contribution made by businesses to our community.  As you are aware, pogTV is doing a business profile of each one of the businesses spotted during these monthly presentations.

Item 6 -           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.

City Manager Comments: Cypress Head had another good month.  The weather has been extremely good this year.  That has positioned us well for the slow season which is the summer months and early fall.  It is important that we begin the summer season will a fund balance.  In looking at the monthly financial at the end of May, the course is approximately $30,000 ahead of where we were this time last year. 

C.   BOARD APPOINTMENTS AND INTERVIEWS

 

Item 7 -           Board Appointments

a.    Town Center CRA

 

Ben Talluto’s term is expiring on the Town Center CRA Board.  Mr. Talluto has indicated his desire to be re-appointed. 

 

b.    Environmental Advisory Board

 

Philip Klema’s term is expiring on the Environmental Advisory Board.  Mr. Klema has indicated his desire to be re-appointed.

 

D.   TOWN CENTER CRA MEETING

 

·         Approval of Minutes – April 24, 2012

·         Update on Contract Negotiations relating to Riverwalk RFP

 

E.   CITIZEN PARTICIPATION (Non-Agenda-15 minutes)

 

F.    CONSENT AGENDA

 

Item 8 -           Approval of Minutes

 

a.    May 8, 2012 – Special City Council Meeting (Richard Kelton)

 

Attached are the City Council meeting minutes from meetings recently held. Should you have questions, please feel free to contact Robin or me.

 

Item 9-            Project Managers Report

 

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

Item 10-         License Agreement – 11 Cedar Street

 

The City Council has previously authorized License Agreements with homeowners abutting the B-23 Canal on Cedar Street who have had and who have been taxed on improvements within the right-of-way.  Mr. Dahl has requested such an agreement for 11 Cedar Street which he recently purchased.

 

The attached License Agreement requires Mr. Dahl to carry a $1,000,000 liability insurance policy naming the City as an additional insured.  A copy is attached.  The Agreement allows for one covered boat slip/lift and dock to be rebuilt according to the limitations set forth in the document.  Mr. Dahl would also be responsible for all maintenance associated with the site. 

 

The Agreement does not inure to successors or assigns, so in the event the property is sold, the City has the option of requiring the improvements be removed, allowing them to remain, or entering into a new License Agreement with the subsequent property owner abutting the right-of-way. 

 

Staff recommends approval of the License Agreement with Robert J. Dahl to utilize a portion of the right-of-way located adjacent to 11 Cedar Street, Port Orange, Harbor Oaks Unit 1 for access and construction of a dock/boat lift and authorize the Mayor and City Manager to execute the necessary documents.

Item 11 -        Engineering Services Contract with Quentin Hampton & Assoc., Inc. for the Replacement of the Sludge Press Building at the Garnsey Water Treatment Plant, as per Addendum No. 85

 

The City of Port Orange has recently requested our local design consultants, Quentin Hampton and Assoc., to submit a design proposal for engineering services related to the replacement of the referenced building, see attached. The existing sludge press building has served us well for over 30 years. Chemicals utilized in the treatment process, in addition to weather and age has contributed to degradation of the metal components on this building to the point where replacement is now our most cost effective option.  We request your approval to proceed with authorizing the engineering design work at this time.    

Funds are currently available in our Water Plant Improvement Project to fund this required design project, which was previously budgeted for design this year. We anticipate that construction will then closely follow next fiscal year when construction dollars are available per the approved 5 Year Capital Improvement Plan.

 

Project No.: WWP003                            Funding Account No.: 403-0200-533-6397

 

Staff recommends approval of the design work authorization to Quentin Hampton and Assoc. for the engineering design, permitting, bidding, and construction services associated with replacement of the existing sludge press building located at the Garnsey Water Treatment Plant in the amount of $71,420, and to authorize the Mayor and City Manager to sign all required documents on behalf of the City.  

 

Item 12 -        Electrical Services Contract with Economy Electric Company and Purchase Order Work Authorization

 

The Public Utilities Department has scheduled the planned replacement of motor control panels for the north transfer and high service potable water pumps located at the Garnsey Water Treatment Plant.  Funding is currently programmed in the Public Utilities Telemetry Project account for the proposed work in the amount of $35,120.

For electrical services, staff requests approval to enter into an agreement with Economy Electric Company per the competitive rates, terms and conditions of Volusia County Bid 11-B-160KW.  The company has agreed to perform the same services for the City of Port Orange and honor all prices and terms of the County agreement.

 

Project No.: MME003                            Funding Account No.: 403-0401-535-6497

 

Staff recommends approval of the City’s wrap-around contract to Volusia County Master Agreement for electrical services in accordance with Bid 11-B-160KW and to approve initial work authorization by Economy Electric Company in the amount of $35,120, and authorize the Mayor and City Manager to sign all required contract documents.

 

Item 13 -        Well Drilling Services Wrap-Around Contract with Diversified Drilling Corporation and Purchase Order Work Authorization

 

The City of Port Orange would like to continue to work with Diversified Drilling Corporation to provide a myriad of services related to the continued operation and maintenance of our 42 existing water wells.  The attached wrap-around contract has been recently prepared for this purpose. This contract’s expiration date is currently established as September 30, 2014. Types of services that may be provided under this contract’s conditions include things such as; well pump lifting / pulling services, reboring, sealing / grouting, and plugging of wells. All of these efforts will help us to insure that we continue to provide safe reliable drinking water to all of our customers.   

Funds are currently available in our Water Wells Repairs and Maintenance Project Account to fund future required well maintenance efforts by them. Funds are currently available in Project, # WWW002, Water Wells Repairs and Maintenance Account # 40302005336397, to fund this additional work authorization of $40,000.

 

Project No.: WWW002                            Funding Account No.: 403-0200-533-6397

 

Staff recommends approval of the City’s wrap-around contract as originally established between Tampa Bay and Diversified Drilling Corporation, and to approve an additional work authorization in the amount of $40,000, in accordance with the contract conditions, and to authorize the Mayor and City Manager to sign all required contract documents

 

Item 14 -        828 Sugarhouse Blvd. City of Port Orange vs. James V. & Itala M. Kloos, Code Enforcement Board Case #12-443

 

Owners James V. & Itala M. Kloos were found in repeat violation on March 7, 2012 for having garbage, debris and outdoor stored items in the front and rear yards. The Board ordered that all violations be corrected by March 14, 2012 or a fine of $1,000 per day would be assessed. The property was not in compliance by the date given by the Board. As part of the Board’s order, the fine would be retroactive to February 21, 2012 which is the date the violation was initially observed. To date, the fine has been accruing for ninety (90) days for a total fine of approximately $90,000. On May 2, 2012 the Code Enforcement Board voted 6-0 to recommend the City of Port Orange move forward with court action to abate the violations. Court action is necessary because the property is homesteaded, occupied by the owner and personal property will likely be removed. If court action is approved, the City of Port Orange would abate the violations by removing all garbage, trash, junk, debris and outdoor stored items.

Staff recommends City Council authorize court action to allow the City of Port Orange to abate all violations ordered by the Code Enforcement Board at 828 Sugarhouse Blvd.

Item 15 -        Proposed Three Month Extension of the existing Volusia County License Agreement – South Swallow Tail Drive Votran Transit Transfer Station Case no. 11-97500005

 

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.  On December 6, 2012, Council approved a six month extension to the existing license agreement. This agreement expires on June 7, 2012.

 

Volusia County Transit (Votran) is requesting another extension of that agreement to continue to use the South Swallow Tail Drive right-of-way. The extension of the existing license agreement will permit Votran to continue to use the right-of-way while City staff and County staff finalize the proposed Interlocal Agreement for use of the right-of-way that will replace the existing license agreement. The transfer station is necessary for Votran to transfer passengers between buses to maintain routes and schedules.

 

Staff recommends approval of a three 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 to authorize the Mayor and City Manager to execute all necessary documents.  

 

Item 16 -        Change Order #2 to Contract with McMahan Construction for Clarifiers Modifications and Improvements Project

 

The City is under contract with McMahan Construction to refurbish two of its four clarifiers currently utilized at the Reclaimed Water Plant.  Each clarifier treats 3 million gallons per day (MGD) of sanitary sewage.  With flows now averaging nearly 6 MGD, it is essential to keep a minimum of three units in operation at all times for adequate redundancy.  Budgetary constraints initially prevented the project from including the complete rehabilitation of all four units in the original bid.  The north clarifiers have been fully rehabilitated.   However, certain mechanical components within the remaining two (south) clarifiers are exhibiting signs of increased deterioration and mechanical failure.  Recently the skimmer rake arm on one of the south clarifiers went out of adjustment and caused enough damage to take it out of operation.

 

The proposed scope of rehabilitative work, which will help prevent possible future failures to the clarifier operation, includes replacement of rake arms and skimmer equipment for both south clarifiers as well as coating of the clarifier bridge structures.  The scope of work and cost schedule have been evaluated by the City’s engineering consultant, Quentin L. Hampton, and have been determined to be consistent with current industry standards.  No additional time extension is to be added to complete all of the proposed additional work items.  We request your approval of Change Order #2 at this time.  Funds are currently budgeted in the Sewer Plant Replacement Project to fund this additional work.

 

Project No.: SSP002            Funding Account No.: 403-0400-535-6397

 

Staff recommends approval of Change Order #2 to Clarifier Modifications and Improvement Project, under an existing contract with McMahan Construction, for the additional amount of $52,050.00, making the new contract amount $954,330.00, and to authorize the Mayor and City Manager to execute the associated contract documents, as necessary.

 

G.   FINANCE (John Shelley)

 

Item 17 –       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 18 -        First Reading – Ordinance No. 2012-9 – Code of Ordinances Repeal of Pain Management Clinic Moratorium, Case no. 12-25000001

 

At its February 23, 2012 meeting, the Planning Commission recommended approval, 5-0, of the administrative request to amend Chapter 18 of the Code of Ordinances to remove language pertaining to the expired moratoriums for pain management clinics.

 

Please see the attached staff report for more information.

 

Staff recommends adoption of Ordinance No. 2012-9, amending Chapter 18, Section 18-3 of the Code of Ordinances, as recommended by the Planning Commission. 

 

Item 19 -        First Reading – Ordinance No. 2012-10 – Land Development Code Text Amendments/Pain Management Clinic, Case no. 12-25000001

 

At its February 23, 2012 meeting, the Planning Commission recommended approval, 5-0, of the administrative request to amend Chapter 2 of the Land Development Code to modify the definition for “pain management clinics”.

 

During the adoption process of the pain management clinic ordinance, a clarification to the number of prescriptions that could be issued was added to the “Whereas” clauses and this amendment is to formally codify the new language in the LDC. Please see the attached staff report for more information.

 

Staff recommends adoption of Ordinance No. 2012-10, amending Chapter 2 of the Land Development Code (LDC), as recommended by the Planning Commission. 

 

Item 20 -        First Reading – Ordinance No. 2012-12 – Code of Ordinances Text Amendment/Pain Management Clinic, Case No. 12-25000001

 

At its February 23, 2012 meeting, the Planning Commission recommended approval, 5-0, of the administrative request to amend Chapter 18 of the Code of Ordinances to modify the definition for “pain management clinics”.

 

During the adoption process of the pain management clinic ordinance, a clarification to the number of prescriptions that could be issued was added to the “Whereas” clauses and this amendment is to formally codify the new language in the Code of Ordinance. Please see the attached staff report for more information.

 

Staff recommends adoption of Ordinance No. 2012-12, amending Chapter 18 of the Code of Ordinances, as recommended by the Planning Commission.

 

Item 21 -        First Reading – Ordinance No. 2012-13 – Land Development Code Repeal of Pain Management Clinic Moratoriums, Case No. 12-25000001

 

At its February 23, 2012 meeting, the Planning Commission recommended approval, 5-0, of the administrative request to amend Chapter 16 of the Land Development Code to remove language pertaining to the expired moratorium for pain management clinics.

 

Please see the attached staff report for more information.

 

Staff recommends adoption of Ordinance No. 2012-13, amending Chapter 16 of the Land Development Code (LDC), as recommended by the Planning Commission.

 

I.      PUBLIC WORKS (Roger Smith)

 

Item 22 -        Resolution No. 12-26 – State Highway Lighting Maintenance and Compensation Agreement

 

Attached is a copy of the State Highway Lighting, Maintenance and Compensation Agreement (AM-189). Under this agreement, the FDOT reimburses the City for a portion of the cost to maintain and operate highway lights on the state highway system.

Compensation to the City for FY 2011-2012 will be $87,017.00; compensation for FY 2012-2013 will be $89,627.00.

 

Staff recommends adoption of Resolution No. 12-26 for the State Highway Lighting, Maintenance and Compensation Agreement with the Florida Department of Transportation and to authorize the Mayor and City Manager to execute contract documents as required.

 

J.    PUBLIC UTILITIES (Mike Ulrich)

 

Item 23 -        Resolution No. 12-27 – Reclaimed Water Reservoir Mitigation Credit Sale/Purchase

 

The City of Port Orange has recently been granted a permit modification to our Reclaimed Water Plant from the SJRWMD. This permit modification will allow us to store 110 million gallons of additional water in our two reclaimed water reservoirs.  This permit also provides us with the future ability to overflow excess water or therefore discharge water at an annual average rate of 1 MGD, as necessary during excessive wet periods of the year into adjacent wetlands.

 

One of the SJRWMD permit conditions requires us however to mitigate for previous impacts as well as future impacts to adjacent wetlands. City staff, with the assistance of our engineering consultants, has now successfully negotiated the final permit conditions such that we will be required to purchase 5.8 credits from our own mitigation bank. The unit cost of the credits utilizes our established policy of a discounted rate of $40,000 / credit as per Resolution 10-81.  We therefore request your approval at this time.   

Once we have complied with this mitigation requirement we will be able to implement the final design and bidding process to commence construction efforts to make this additional outfall location a reality.  Funds are currently available in our Reservoir Outfall Project Account to fund this internal transfer of funds. 

 

Project No.: RIM 005         Funding Account No.: 405-0400-535-6397

 

Staff recommends adoption of Resolution 12 - 27 for the reservation, sale, and purchase of 5.8 mitigation credits from the Port Orange Mitigation Bank in the total amount of $232,000 and authorization for the Mayor and City Manager to sign all required documents on behalf of the City.    

 

K.   ADMINISTRATION (Ken Parker)

 

Item 24 –       First Reading – Ordinance No. 2012-14 – Solicitor’s Permit clarifications

 

Staff is requesting clarification of the Solicitor’s Permit Ordinance relating to the time period of the permit. Currently, the Ordinance states “30 consecutive calendar days in a calendar year”. Past practice, from the understanding of Staff, has been that permits were to be issued for no more than 30 days in any calendar year (whether consecutive or not). This Ordinance clarifies the time frame of the Solicitor’s Permit.

 

Staff recommends approval of Ordinance No. 2012-14 Solicitor’s Permit.

 

Item 25 -        Riverwalk Appraisals

 

Quotes for appraisal services were requested from appraisers on the State of Florida’s list of qualified appraisers for State land acquisition.  Twelve (12) appraisers whose offices are located in Volusia County were invited to submit quotes.   Three (3) appraisers submitted quotes for appraising the sixteen (16) parcels that are the subject of RFP #12-2.  A map of the subject parcels or portions of parcels to be appraised is attached for reference. 

The bids received were $30,000; $29,600 and $21,000, submitted by Doyle Appraisal Services, Inc.; George Goodman Consulting, Inc.; and Pomeroy Appraisal Associates of Florida, Inc., respectively.  All three (3) firms indicated they could complete the job within 45 – 60 days.

 

City Resolution No. 12-9, approved by the City Council on February 2, 2012, appropriated $50,000 in FY 2011 Carry Forward Funds to account #001-1000-519-31-13 for these appraisal services.

 

Staff recommends waiver of the City’s purchasing procedure for one (1) vendor with a cumulative total quote that exceeds the $25,000 bid threshold and to authorize the Mayor and City Manager to execute Agreements for Appraisal Services with the two (2) vendors that gave the lowest quotes.

 

Item 26 -        City Manager Selection Process – Citizen Committee discussion

 

The City Council decided that a ten-person citizen committee would be appointed to assist the City Council in the City Manager selection process.  A number of citizens have volunteered to serve on the citizen committee.  Several Council members have provided the names of individuals who they would like to see serve on the committee.  On Tuesday night, the City Council will need to discuss the appointment process.  Do you want each individual to fill out a Board and Commission application?  Since this is not a standing board or commission, this committee is an ad hoc working group established by Council for a single purpose, it will not continue beyond the selection of the City Manager.  Do you want each Council Member to be responsible for selecting two members to serve on the committee with those individuals automatically becoming committee members?  Do you want the committee to review the job announcement and provide the council with its input?  At some point, the Council will need to determine the level of involvement of this committee.  Mr. Kelton indicated that the Range Riders would provide the committee and Council the names of ten to twelve individuals who meet the qualifications as established by the City Council.  Do you want this committee to refine the recommended group submitted down to five?

 

The City Council reserves the right to add names or delete names once it receives the recommendation from the citizens committee.

 

All citizen committee members will need to understand that this committee is covered by the Sunshine Law.  All committee meetings shall be public.  Minutes will be taken at each meeting.  The committee would be responsible for selecting a chairperson and a vice-chairperson.  The City Clerk’s office would provide secretarial services to the committee.  Human Resources would provide administrative support to the committee.  The Range Riders would provide technical advice to the committee.  The Police Department would provide background checks and verifications.  Human Resources would work with P.D. in obtaining background information and permission from the candidates to conduct background checks.  The City Attorney would provide legal assistance when needed.

The organizational meeting would be convened by the Deputy City Clerk.  The Deputy City Clerk would serve as the convening official and serve in that capacity until a chairperson is selected.  At that time, the chairperson would take over the responsibility for chairing the meeting.  I would be available to the committee as well throughout the process.

 

COUNCIL COMMENTS

 

Item 27 –       Comments/Concerns from Council Members

 

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

 

Item 28 -        City Council Committee Reports

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

 

KWP/rlf/ckr