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

  June 5, 2012

 

Date:               May 30, 2012

 

 

A.   OPENING

 

Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call

 

B.   SPECIAL AWARDS, RECOGNITION, PROCLAMATIONS, REPORTS

 

Item 4 -           Youth Advisory Board’s Youth Achievement Award

 

The City’s Youth Advisory Board spearheads an annual Youth Achievement Award to recognize those young individuals who make a significant contribution to the welfare of the community through their accomplishments, leadership and service. 

 

Mr. Eloi LeRoux, a Spruce Creek High School Junior was selected as the 2012 Youth Achievement Award Winner for his community volunteerism, leadership and accomplishments. 

 

Staff recommends that the City Council and Youth Advisory Board members present the award to the winner.

 

 

Item 5 -           Parks & Recreation Advisory Board Quarterly Report

 

A member of the Parks and Recreation Advisory Board will present a report.

 

Item 6 -           Code Enforcement Officers Proclamation

 

A proclamation regarding Code Enforcement Officers Week will be read.

 

C.   CITIZEN PARTICIPATION (Agenda)

 

Item 7 -           Waiver of fees in exchange for service hours for Boy Scouts in Three Rivers District – John Junco

 

John Junco will be present to request that Council waive fees for a Boy Scout Camporee in exchange for service hours by the Boy Scouts in the Three Rivers District.

 

City Manager Comments: John Junco has been working with the staff to host a Boy Scout Camporee at the Port Orange City Center in the fall.  Last year, they held the event at Embry Riddle.  Our staff has been working with John.  What the Scouts are proposing is to camp at some location at City Center.  They will have activities throughout the weekend ending sometime on Sunday.  Many of the activities are just for Scouts while some of the activities are open to the public as well.  They will be working with the Y.  What he is proposing is for the Scouts to undertake a project in lieu of actually paying a fee to use the Port Orange City Center Complex.

 

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

 

E.   CONSENT AGENDA

 

Item 8 -           Approval of Minutes

 

a.    May 15, 2012 – Special City Council Meeting (Public Works Budget)

b.    May 15, 2012 – Regular City Council Meeting

 

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

 

Item 9 -           Construction Activity Report

 

Attached is the update on construction projects from Quentin L. Hampton Associates, Inc.  Staff recommends acceptance of the report.

 

Item 10 -        Update on Recreational facilities

 

Attached is the update on recreational facilities. Should you have any questions, please contact Susan Lovallo or me.

 

Item 11 -        Proposed License Agreement – Lots 9 and 10, Block 3, Harbor Oaks Unit 1 Subdivision (5857 Riverside Drive; Tax parcel no. 6314-03-03-0090)

 

Sally Susanne Gaddis, Trustee of the Sally Susanne Gaddis Revocable Trust, the owner of the subject property, has applied for a Right-of-Way License Agreement from the Department of Community Development. The application was made in connection with a proposal to construct a circular driveway and two right-of-way driveway aprons at the property with decorative pavers. A building permit application has been submitted for the proposal as described.

 

The applicant has been advised of applicable requirements and the License Agreement review process. The license agreement has the effect of requiring the property owner to maintain and if necessary, replace these improvements per the accepted standard construction requirements of the City. 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.

 

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. There are no street sidewalks along Riverside Drive at this location, therefore liability concerns have been determined to be minimal.

 

Staff recommends authorizing the Mayor and City Manager to act on behalf of the City to execute a License Agreement for Lots 9 and 10, Block 3, Harbor Oaks Unit 1 Subdivision.

 

Item 12 -        City Attorney’s Report

 

Attached is the City Attorney’s Report.  If you have questions, please contact either Margaret Roberts or me.

Item 13 -        Authorization for Legal Action – Stottler Stagg

 

Staff recommends proceeding with legal action by the attorney in accordance with her current legal rates.  The legal action shall address the design errors and all other deficiencies in the performance of the design firm and the design architect pursuant to the contract dated March 17, 2009 and all addendums.

 

Staff further recommends Council authorize the legal services of Mary Ellen Koberg and the law firm of Kinsey, Vincent, Pyle for legal action against the design firm of Stottler Stagg and Associates and the design architect Michael F. Kelly for city reroof projects.

 

Item 14 -        TCPN (The Cooperative Purchasing Network)

 

TCPN is a national governmental purchasing cooperative able to leverage the purchasing potential of governmental entities in all 50 states. TCPN competitively bids and awards contracts to national vendors in accordance with purchasing procedures mandated by state procurement laws and regulations. TCPN contracts are available for use, and benefit, public and private schools, colleges and universities, cities, counties, non-profits and all governmental entities.

When public entities come together to share services they benefit in cost savings and time. When public entities utilize a TCPN contract to procure goods and services, it provides the legally required competition for contracts as required by law. TCPN awards best-value contracts based on quality, proven performance, customer satisfaction and most importantly pricing. There is no cost to the City to utilize TCPN, no dues or fees.

TCPN website: http://www.tcpn.org/

 

Cost Savings:

TCPN contract may save 30-40% off wholesale pricing.   

 

Agencies utilizing TCPN: City of Daytona Beach, Volusia County, Volusia County Schools, State of Florida, City of Palm Coast, City of Deltona, City of New Smyrna, City of Oak Hill, and may other surrounding municipalities.

 

•           TCPN Process:

•           TCPN issues an RFP (or bid) for a commodity or service

•           RFP (or bid) is advertised for four (4) weeks nationally

•           All sealed responses are recorded and publically opened

•           Responses are tabulated and vendors evaluated

•           Contract is awarded to Vendor

•           Awarded contract is ratified by Board of Directors

 

Types of goods & services available utilizing TCPN contracts:

Industrial vending machines, Maintenance, repair, operation equipment/Supplies, Fleet/Automotive parts, Bulk fuel/Fuel card services, HVAC, Electrical equipment, Fencing, Janitorial supplies, Disaster restoration, HR Staffing/Payroll, Security Systems, Procurement cards, Park/Playground equipment, Sport surfaces, Roofing products, Furniture, Office supplies, Copiers/Printers, Software.

 

Vendors offering discounts utilizing TCPN:

Lowes, Fastenal, Grainger, Trane, CDW, ServPro, HON, Office Depot, Xerox, Konica, Daktronics, etc. (see attachment).

 

Staff recommends approval of the use of TCPN (The Cooperative Purchasing Network) contracts to procure goods to obtain cost savings, consistent with TCPN RFPs and subject to the City Attorney’s receipt of RFPs verification of legal status of TCPN.

 

Item 15 -        Contract for Fireworks by Santore, Inc. for 4th of July and approval of Addendum for “Price Freeze” for three consecutive years

 

In the past years Fireworks By Santore, Inc. has successfully provided our annual 4th of July fireworks display.  Santore has offered by Addendum a price freeze to their contract for the next three consecutive years holding the current rate to $18,500 per year. Staff recommends approval of the sole source contract with Fireworks By Santore, Inc. and approval of the Addendum allowing for a price freeze for three consecutive years beginning with 2012.  

 

The annual fireworks display is budgeted under the Public Works Solid Waste Account number 410 6100 534 4803.  The City has $20,000 budgeted for this activity. 

 

If approved the Parks and Recreation Department Director, Susan Lovallo, will be the contract administrator and will coordinate the yearly event with Santore handling all requisitions and payments.

 

Project No.:                N/A                  Funding Account No.:       410 6100 534 4803             

 

Staff recommends approval of the sole source contract for Fireworks by Santore, Inc. and the attached Addendum for a three year price freeze at $18,500 per year for the annual July 4th fireworks display. 

 

City Manager Comments: Santore Inc. has provided the fireworks for the City of Port Orange for a number of years.  They are located in Bunnell.  They have provided excellent service to the City over the years.  They have worked with the City when programs have had to be cancelled because of drought and other issues.  We are recommending that they be awarded a contract to provide fireworks for the City of Port Orange for a three year period. 

 

Item 16 -        Extension of Wrecker Service Agreement

 

A bid was solicited and awarded for the City’s annual Wrecker Services Franchise Agreement to A&A Automotive.  In that contract, there is an option for extension if mutually agreeable.  Staff and A&A have both agreed to extend that contract.  Staff recommends that Council extend the current wrecker services contract with A&A Automotive & Wrecker Services, Inc.

 

Staff recommends approval of the contract extension for A&A Automotive for wrecker services.           

 

Item 17 -        Approval to utilize Volusia County Contract with Phillips and Jordan, Inc. for Emergency Debris Removal

 

On June 2, 2011, Volusia County received 9 responses to RFP No. 11-P-75JD for Debris Removal, Reduction and Disposal.  Committee evaluation stressed not only a firm’s capability to provide services but also financial strength, recognizing delays in FEMA reimbursement.  Selection of multiple firms ensured that resources would not be overextended.  On October 6, 2011, the County awarded contracts to 4 firms including Phillips and Jordan.

 

City staff is actively preparing their own RFP for similar services.  In the meantime, the City has asked each of the County-selected firms to enter into an agreement with the City under the same terms of the County agreement.  Phillips and Jordan has indicated their willingness to do so.

 

Due to the length of the contract agreement, it is not included herewith but can be obtained, upon request, from the City Attorney/City Clerk office.

 

Staff recommends approval to utilize the Volusia County Contract with Phillips and Jordan, Incorporated for Debris Removal, Reduction and Disposal, and authorizing the Mayor and City Manager to execute contract documents, subject to the receipt of signed contracts.

 

City Manager Comments: Because of staffing issues, we do not have the staff resources that we had in 2004.  The County bid the contracts.  We are in the midst of preparing a Request for Qualifications so that we can pre-qualify companies to provide the services.  Until we have completed the pre-qualification, we will be using the County contractors.

 

Item 18 -        Approval to utilize Volusia County Contract with the Unified Recovery Group for Emergency Debris Removal

 

On June 2, 2011, Volusia County received 9 responses to RFP No. 11-P-75JD for Debris Removal, Reduction and Disposal.  Committee evaluation stressed not only a firm’s capability to provide services but also financial strength, recognizing delays in FEMA reimbursement.  Selection of multiple firms ensured that resources would not be overextended.  On October 6, 2011, the County awarded contracts to 4 firms including Unified Recovery.

 

City staff is actively preparing their own RFP for similar services.  In the meantime, the City has asked each of the County-selected firms to enter into an agreement with the City under the same terms of the County agreement.  The Unified Recovery Group has indicated their willingness to do so.

 

Due to the length of the contract agreement, it is not included herewith but can be obtained, upon request, from the City Attorney/City Clerk office.

 

Staff recommends approval to utilize the Volusia County Contract with the Unified Recovery Group, LLC for Debris Removal, Reduction and Disposal, and authorizing the Mayor and City Manager to execute contract documents, subject to the receipt of signed contracts.

 

Item 19 -        Approval to utilize Volusia County Contract with Ash Britt, Inc. for Emergency Debris Removal

 

On June 2, 2011, Volusia County received 9 responses to RFP No. 11-P-75JD for Debris Removal, Reduction and Disposal.  Committee evaluation stressed not only a firm’s capability to provide services but also financial strength, recognizing delays in FEMA reimbursement.  Selection of multiple firms ensured that resources would not be overextended.  On October 6, 2011, the County awarded contracts to 4 firms including Ash Britt.

 

City staff is actively preparing their own RFP for similar services.  In the meantime, the City has asked each of the County-selected firms to enter into an agreement with the City under the same terms of the County agreement.  Ash Britt has indicated their willingness to do so.

 

Due to the length of the contract agreement, it is not included herewith but can be obtained, upon request, from the City Attorney/City Clerk office.

 

Staff recommends approval to utilize the Volusia County Contract with Ash Britt, Incorporated for Debris Removal, Reduction and Disposal, and authorizing the Mayor and City Manager to execute contract documents, subject to the receipt of signed contracts.

 

Item 20 -        Approval to utilize Volusia County Contract with Crowder Gulf for Emergency Debris Removal

 

On June 2, 2011, Volusia County received 9 responses to RFP No. 11-P-75JD for Debris Removal, Reduction and Disposal.  Committee evaluation stressed not only a firm’s capability to provide services but also financial strength, recognizing delays in FEMA reimbursement.  Selection of multiple firms ensured that resources would not be overextended.  On October 6, 2011, the County awarded contracts to 4 firms including Crowder Gulf.

 

City staff is actively preparing their own RFP for similar services.  In the meantime, the City has asked each of the County-selected firms to enter into an agreement with the City under the same terms of the County agreement.  Crowder Gulf has indicated their willingness to do so.

 

Due to the length of the contract agreement, it is not included herewith but can be obtained, upon request, from the City Attorney/City Clerk office.

 

Staff recommends approval to utilize the Volusia County Contract with Crowder Gulf for Debris Removal, Reduction and Disposal, and authorizing the Mayor and City Manager to execute contract documents, subject to the receipt of signed contracts.

 

Item 21 -        Amendment 5 to Contract for Professional Engineering Services for Design, Construction Administration, and Inspections for City Center Ball field improvements

 

The ball field fence, backstops, and dugouts have been in place for twenty years and need to be replaced.  For the City to continue with the renovations of this facility and competitively bid the construction, additional design services are needed to complete permitting, bid documents, and construction administration.  Andrew Giannini with Quentin L. Hampton and Associates has provided a fee estimate for these services. 

 

The City has $250,000 budgeted for the design and construction of the fence, backstops, and dugouts.  The design, construction administration, and inspections will not exceed $27,080.  Funds are available in the City Center Ball field Fence Replacement QPC 040  Acct #315 5100 572 6397

 

If approved the City’s project manager will be Susan Lovallo, Parks & Recreation Director, the consulting engineers and construction administrators will be Quentin L. Hampton and Associates.  The construction will be competitively bid and brought back to council for approval.  The contract for services will be the 2007 EJCDC.

 

Project No.:    QPC 040                    Funding Account No.:       315 5100 572 6397 

 

Staff recommends approval of Amendment 5 to the contract for Professional Engineering Services for Design, Construction Administration, and Inspections for the City Center Ball field Improvements and authorize the Mayor and City Manager to execute the associated documents.

 

City Manager Comments: One of the lessons that I learned early in my career in Port Orange was the legal liability associated with backstops and fencing.  The original fields at City Center did not have the right certifications and design that met the legal liability requirement.  An individual was injured and sued the City.  Because the City could not produce the signed and sealed engineering drawings related to the fencing and backstops, the City paid an insurance claim. 

 

Since that time, we have paid careful attention to the design standards for our fields making sure that they have complied with acceptable safety and engineering principles.  All of our fields have been engineered and sealed by an engineer. 

 

We are using an existing contract with QLH to perform the design work, prepare the specifications and bid documents, contract documents, contract administration, and inspection services.

 

Item 22 -        Addendum No. 4 to Contract with Stottler Stagg & Associates, Inc.

 

As the architect, Stottler Stagg is responsible for certifying the final project and close out documents.  Now that the final costs and construction methods have been finalized, there is some additional work that is required of Stottler Stagg for the project to reach completion without further delays.  The attached change order was drafted in concurrence with the Public Works Department and represents the final inspections and related services. 

Project No.: AIO008 Funding Account No.: 317-1000-519.63-97

 

Staff recommends approval of Addendum No. 4 to the contract with Stottler Stagg & Associates, Inc. in an amount not to exceed $3,700 for all activities needed to close-out the City Hall roofing project; to authorize the Mayor and City Manager to execute associated documents; and to state that the City Council’s approval of this change order in connection with the roofing projects shall not be deemed a waiver of any rights or claims that the City may have against Stottler Stagg.

 

City Manager Comments: Shannon, Frank Flagg and Chris Barnes have been working with Stottler Stagg related to finalizing the roof contract.  Because this project has gone way beyond the normal project, the amount needed to complete the project and close it out is $3700.  We are not waiving any rights to recapture funds from the designer.  However, this will keep the project moving toward completion.

 

Item 23 -        Change Order No. 1 to City Hall A/C Professional Services Contract with Energy Systems Design, Inc.

 

On March 18, 2011, Energy Systems Design (ESD) submitted a letter proposal in the amount of $17,000 to provide engineering services for the replacement of AC units at City Hall.  Citing Sole Source requirements, a Purchase Order was issued March 28, 2011.  The units have been purchased and fabricated, but installation was postponed until issues with the roof were resolved by staff and approved by council on April 24, 2012.  Subsequently, the permit application for the AC installation was submitted in May 2012. However, an AC building code revision occurred effective March 15, 2012.  As a result, additional detailed calculations (not previously required) must now be prepared by the design professional and approved by the Building Official for a permit to be issued.  To complete the calculations, ESD has submitted a letter-proposal for a change order in the amount of $16,620. 

 

It is important to note that the project relies on federal grant funds.  Installation must be completed and all payment processed by September 1, 2012 as per the grant requirements.  Project No.: XFG009  Funding Account No.: 506-4200-539-6400

 

Staff recommends approval of Change Order No. 1 for Purchase Order 065480 with Energy Systems Design, Incorporated, in the amount of $16,620, and authorize the Mayor & City Manager to execute contract documents, subject to the receipt of signed contracts.

 

City Manager Comments:  I have authorized the calculations to be done in order to comply with the Florida Building Code.

 

F.    COMMUNITY DEVELOPMENT (Wayne Clark)

 

Item 24-         First Reading – Ordinance No. 2012-11– Annexation/Copp, George Jay, 2165 and 2173 Tomoka Farms Road (with corrected legal description)

 

New Exhibit A

 

A request for voluntary annexation of +/- 16 acres, together with the 50-ft. platted (unnamed) unpaved road abutting the southerly boundaries of the subject property and the adjacent parcel to the east annexed into the City of Port Orange by Ord. 2006-49.

 

The subject property consists of two parcels, each developed with a single-family home. The subject property is located within the limits of the Volusia County Tomoka Farms Village Local Area (TFVLA) Plan, which strives to maintain the rural character of the area. The TFVLA Plan requires the preservation of the existing land use densities currently designated on the Volusia County FLU Map. For consistency with the TFVLA Plan, the applicant intends to change the FLU designation of the subject property to City Rural Transition and to rezone the subject property to “A” (Agriculture - 1 unit/acre).

 

Staff recommends adoption of Ordinance No. 2012-11, annexing approximately 16 acres of land located at 2165 and 2173 Tomoka Farms Road, with corrected legal description.

 

City Manager Comments:  The City Council approved this Ordinance on first reading at your last meeting.  In reviewing the legal description, a scrivener’s error was found.  We are asking the City Council to correct the scrivener’s error and amend the Ordinance.  The proper motion is to reconsider.  If the motion to reconsider is passed, then the Ordinance would be back before the City Council in its original form.  The next motion would be to amend the original Ordinance.  The City Council would vote on that amendment.  If that passes, then the City Council vote on the Ordinance as amended.

 

Item 25 -        Resolution No. 12-25 - 12-35000001/Proposed Easement Vacation – Lot 413, Royal Palm PUD –Phase 3 Partial Replat (1509 Areca Palm Drive; Tax Parcel No. 6213-08-00-4130)

 

The Community Development Department has received an easement vacation application for Lot 413 of the Royal Palm Phase 3 Partial Replat subdivision. The property owner has made this request in connection with a building permit application to construct a home into the proposed easement vacation area. The easement vacation application and legal description have been reviewed for completeness and accuracy. The area has been inspected with respect to City codes and possible effects to adjacent properties. The proposed home will not exceed required minimum setback distances or maximum coverage requirements for the lot.

 

This easement is occupied by a 24” concrete stormwater pipe and LDC Chap. 5, Sec. 6(d)(1) requires a 20.00’ wide easement for a stormwater pipe. The applicant would like to vacate 2’ of the 10’ easement on Lot 413. A 10’ easement on Lot 412 would remain for a total easement width of 18’. The applicant’s contractor attests there is ample room to safely excavate to repair or replace the pipe and excavation would not endanger either house foundation (see attached letter). Engineering staff has reviewed the survey information, including location and depth of pipe, and has determined an 18’ wide easement will not prohibit future maintenance of the pipe.

 

In addition, the property owner has agreed to enter into an Indemnification and Hold Harmless Agreement that is aimed at protecting the City from the added liability created by the vacation.  Even with technical and liability issues addressed, there remains the issue that approval of this partial easement vacation will set a precedent for vacating occupied easements. The easement vacation process has been limited to unoccupied easements in the past.

 

The easement, although occupied, may be vacated by Resolution and Quit Claim Deed at the City Council’s discretion. These documents would be recorded together with the Indemnification and Hold Harmless Agreement.

 

Staff recommends denial of Resolution #12-25, vacating a portion of the northerly side yard 10.00-foot wide drainage easement located on Lot 413 of the Royal Palm Phase 3 Partial Replat subdivision per the attached legal description (Exhibit “A”).

 

City Manager Comments: I can not recall the City Council vacating an active drainage easement.  The City has allowed some construction into drainage easements but those have been limited to enclosures, storage buildings, patios, etc. that could be easily removed should the City have to come into an active easement to perform maintenance type activities.  One of my concerns is not the initial owner.  They will clearly understand the legal requirements as such.  It is the future owners whose home may be damaged by equipment who are working on the pipe.  This pipe has a normal 50 year or more expected life.  Today, our normal process is to reline the pipe in order to gain additional life.  We do have pipe in the ground that we are lining that has been in the ground for that period of time.  Also, we have metal pipe that has been in the ground for a shorter period of time that needs to be relined. 

 

G.   ADMINISTRATION

 

Item 26 -        Amendments to the FY 2006-2010 & FY 2011-2015 CDBG Consolidated Plans and FY 2010 & 2011 Annual Action Plans

 

As summarized in the attached legal notice, two (2) projects are proposed for deletion from the City’s Community Development Block Grant (CDBG) program.  This is due to the inability for these projects to proceed as initially planned.   The $95,000 in CDBG funding previously allocated to these projects is proposed to be transferred to the FY 2011 Safe Routes to School Sidewalk Project.   Pursuant to Federal regulations and the City’s Public Participation Plan, Notice of Intent to Adopt these substantial changes was published in the Daytona News Journal on April 23, 2012.  Notice has also been posted on the City’s CDBG web page since April 17, 2012.  

 

Project No.:      CDBG02                   Funding Account No.:    #110-1904-554.63-97            

 

Staff recommends approval of the proposed Substantial Changes to the FY 2006-2010 & FY 2011-2015 CDBG Consolidated Plans and the FY 2010 & FY 2011 CDBG Annual Action Plans, as presented.

 

H.   COUNCIL COMMENTS

 

Item 27 –       Comments/Concerns from Council Members

 

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

 

I.      BUDGET WORKSHOP

Item 28 -        Community Development Budget Presentation

 

Wayne Clark, Community Development Director, will present their budget for FY2013

 

 

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