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

October 16, 2012

 

Date:               October 10, 2012

 

 

The City Council will not be meeting early on October 16, 2012.  The Council asked that we keep the Agenda short since some members wanted to be able to see the Presidential Debates.

 

 

A.   OPENING

 

Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call

 

B.   SPECIAL AWARDS, RECOGNITION, PROCLAMATIONS, REPORTS

 Item 4 -           Citizen Advisory Committee for TPO

 

City Manager Comments: The City Council asked that we move these types of reports early in the City Council meeting.  Bobby Ball will be present on Tuesday evening to report on the activities of the Citizen Advisory Committee to the Transportation Planning Organization.

 

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

 

D.   CONSENT AGENDA

 

Item 5 -           Approval of Minutes

 

a.    September 25, 2012 – Special City Council Meeting

b.    September 25, 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 6 -           Staff Reports - Building Activity Report and Monthly Development Activity Report for September, 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 7 -           Maintenance/Repair of Video Surveillance Systems by Diamond Quest

 

In response to post 9-11 Homeland Security requirements, the Public Utilities Department utilized Diamond Quest to provide video surveillance systems at its primary facilities. Subsequently, Diamond Quest services were expanded by the Information Technology Department to provide cameras at other City facilities including Public Works and all the fuel facilities. In the Spring of 2012, Council validated Diamond Quest as the sole source provider of video surveillance systems, including installation and maintenance. In accordance with the FY13 budget and in accordance with a quote supplied by Diamond Quest, we are requesting authorization to encumber an amount of $39,312.00 as part of an annual continuing maintenance services contract for the existing video surveillance network.

 

Funding Account Nos.:      PU 401-0600-536-46-11= $14,424.00

                                                IT   501-0700-519-46-10=$24,888.00

 

Staff recommends approving the annual support with Diamond Quest for surveillance camera maintenance, upgrades and repair.

 

Item 8 -           Purchase of IBM Power 7 servers to replace five year existing servers

 

The IBM AS400 server hosts the core of the City’s software applications such as all Sungard HTE financials, community development, public works, utility billing, etc. The current production server is well over 5 years old and due for replacement. This purchase also includes replacement of the City’s disaster recovery AS400 server which is also over five years old and has limited reserve capacity and is causing problems due to lack of disk storage. This purchase includes a three year 24/7/366 hardware/software support package.

 

Project No.: ZMI1041                       Funding Account No.:505-1000-519-64-15

 

Staff recommends purchase of the new IBM servers on state contract from Clover Systems of Orlando on State of Florida contract #250-000-09-1 at a cost of $152,560, and waiver of purchasing policy to permit piggyback of negotiated contract.

 

Item 9 -           Renewal of Annual Contract for Construction of Concrete Sidewalks and Curbs with Sparks Concrete

 

On November 1, 2011, Council awarded the referenced contract to Sparks Concrete.  The contract term was for an initial period of one year with up to three one-year renewals.  Sparks has successfully performed the work in accordance with the contract.  Therefore, both the City and Sparks desire to continue our professional contractual relationship.

Public Works is the primary Department facilitating this contract.  Based upon the initial budget, we are requesting authorization to encumber up to $100,000.  Additionally, the Public Utilities Department also utilizes Sparks for repairs, and is requesting to encumber $20,000.  Also, Parks & Recreation uses the contract, and has requested an upset limit of $8,000. 

 

Project No.:    OMI007 (PW only)  

 

Funding Account Nos.: PW 301-4300-541-5363

None for PU/P&R    PU 401-0800-536-5300, P&R 001-4400-572-3414

 

Staff recommends approving the renewal of the annual contract Bid B#11-17 Construction of Concrete Sidewalks and Curbs, with firm of Sparks Concrete, at an annual cost of $128,000, and authorizing the Mayor & City Manager to execute contract documents, as necessary, subject to approval of the FY13 operating budget, and waiving the requirement for a payment and performance bond.

 

Item 10 -        Purchase Sensus Flex Net Metro50 Equipment (Metro TGB 50) that will read City Meters and transmit water consumption.

 

Staff has evaluated the Flex Net Metro50 pole mounted low power base station (Metro TGB 50) specifications from Sensus.  Sensus provides the equipment as a sole source vendor, in order to enhance a low signal area of our meter reading system.

 

The cost of the equipment is $25,196 and does not include installation. Staff recommends approval. 

 

The labor component of the base station installation is approximately $1,971and will be performed by another vendor.  Per the Building Official, all permitting will be included with the installation of the City pole.

 

Funding Account No: 401-0300-536-6400

 

Staff recommends approve of the purchase of the Sensus Flex Net Metro50 Base Station (Metro TGB 50) for $25,196.

 

City Manager Comments: This is not meters.  This is for an antenna to be placed on the tower that will be installed at Fire Station 75.  This should strengthen the signal for the automated meters in this general area.  We have the flex net system on other towers in Port Orange.  

 

Item 11 -        Extension of Liquid Sodium Hypochlorite Contract with Odyssey Manufacturing

 

The City recently participated in a cooperative bid with the City of Palm Coast for various chemicals needed for the water and sewer treatment plants.  The City received a bid protest related to the award of liquid sodium hypochlorite.  Odyssey Manufacturing, the City’s current contractor, has agreed to extend their existing contract terms and conditions through November 30, 2012 in order for the City to consider and process the bid protest.  Staff recommends approval.

 

Funding Account No.: 401-0200-533.52-19                  

 

Staff recommends approving a contract extension with Odyssey Manufacturing Co. for liquid sodium hypochlorite through November 30, 2012, under the same terms and conditions as outlined in the original agreement and to authorize the Mayor and City Manager to execute the necessary documents.

 

Item 12 -        Final Deductive Change Order #1 for the Willow Run Blvd. at Clyde Morris Blvd. Turn Lane

 

The right turn lane improvements at Willow Run Blvd. and Clyde Morris Blvd. have been successfully completed.  All work items have been inspected and approved and all the necessary project close-out documents have been received. 

 

Final quantities were measured and agreed to between the contractor, our inspector and engineering staff.  Final payment has been computed in accordance with the contractual unit prices and actual work performed.  The adjustment in the contract price is due to actual quantities installed versus contract quantities.  The final contract amount is $59,976.28.  Staff requests your approval of the Final Deductive Change Order #1 in the amount of $1,125.77.

 

Project No.:                PNC012         Funding Account No.:       312-4300-541-63-97           

 

Staff recommends approval of the Final Deductive Change Order #1 in the amount of $1,125.77 for the Willow Run Blvd. at Clyde Morris Blvd. turn lane and authorizing the Mayor and City Manager to execute the associated contract documents as necessary.       

 

Item 13 -        Final Change Order #2 for the Dunlawton Avenue (SR 421) at Village Trail Turn Lane

 

The right turn lane improvements at Dunlawton Avenue (SR 421) and Village Trail have been successfully completed.  All work items have been inspected and approved and all the necessary project close-out documents have been received. 

 

Final quantities were measured and agreed to between the contractor, our inspector and engineering staff.  Final payment has been computed in accordance with the contractual unit prices and actual work performed.  The adjustment in the contract price is due to actual quantities installed and a claim for additional mobilization due to a water main conflict and valve replacement needed to relocate the water main. The final contract amount is $129,391.86.  Staff requests your approval of the Final Change Order #2 in the amount of $4,038.83.

 

Project No.:                PNC013         Funding Account No.:       301-4300-541.81-00           

 

Staff recommends approval of the Final Change Order #2 in the amount of $4,038.83 for the Dunlawton Avenue (SR 421) at Village Trail turn lane and authorizing the Mayor and City Manager to execute the associated contract documents as necessary.  

 

E.   FINANCE (John Shelley)

 

Item 14 -        Resolution No. 12-68 – Appropriating funds for two Joint Participation Agreements (JPA) with FDOT for median landscape improvements on US 1/SR 5/Ridgewood Avenue and SR 421/Dunlawton Avenue in the Port Orange Town Center CRA

 

On August 21, 2012, the City Council approved the acceptance of two Joint Participation Agreements (JPA) with the Florida Department of Transportation (FDOT) for $100,000 and $98,800 in reimbursement funds towards median landscape improvements on U.S. 1/S.R. 5/Ridgewood Avenue and on S.R. 421/Dunlawton Avenue in the Port Orange Town Center Community Redevelopment Area.

 

In September 2011, $220,420 in unrestricted gasoline tax funds was identified to compliment the $198,800 in FDOT Landscape Discretionary funds for all of the median landscape refurbishment in Town Center.

 

This resolution provides for the budget appropriation of the two JPA’s with FDOT along with the gasoline tax funding from the City.

 

Staff recommends approving Resolution No. 12-68.

 

F.    ADMINISTRATION (Ken Parker)

 

Item 15 -        Bid Protest Appeal to the City Council – RFSQ #12-36, Professional Construction Inspection Services, Environmental Services and Debris Monitoring Services

Quentin L. Hampton Associates has filed a formal appeal to the City Council in accordance with Part II, Section 2-265 of the City’s Code of Ordinances.  This appeal is to seek a waiver from the City Council as to an irregularity in the bidding process.  The documents related to this appeal include the original rejection of the bid (RFSQ response) by Tom Cinefro, Purchasing Coordinator, dated September 7, 2012; the bid protest letter from Brad Blais, President, Quentin L. Hampton Associates, dated September 7, 2012; the September 27, 2012 letter from Mr. Parker following the protest hearing on September 17, 2012; and the City Council Appeal request letter from Quentin L. Hampton dated September 28, 2012.

 

Recommended motion is to Uphold the decision of the City Manager in the Appeal by Quentin L. Hampton Associates regarding their response to RFSQ #12-36 or

To Overturn the decision of the City Manager and to waive the exclusion of the Anti-Collusion Statement Bid Form as a non-substantial irregularity in this case.

 

 

Item 16 -        Refund of Construction Project Bond - Country Inn & Suites

The Port Orange Land Development Code (LDC) requires a screening wall between a commercial property and residential properties.  When the Country Inn and Suites project was originally approved by the City Council, on Feburary 20th, 2001 the site plan placed the screening wall on the property line.  The original developer, who is not the current developer, had the wall placed here in order to obtain some additional parking spot lengths in order to accommodate RV's and other large vehicles, although staff recommended it be moved off the property line. 

 

When the wall was constructed, there was not enough room for the wall to be completed on the adjacent property without going on to the property.  The City Council is aware of the dispute between the residential property owner and the hotel property owner. 

 

        

Exposed side of the wall facing the adjacent property              Finished side of the wall facing the hotel parking lot

 

The hotel owner was cited for violation of Chapter 16, Section 3(b)(4)(e) of the LDC. (See attached Exhibit “A”)

 

The case was presented to the Code Enforcement Board.  A copy of their findings is attached (Exhibit “B”).  They found no violation of the code since the commercial owner cannot come on to the residential property to finish the wall. 

 

The commercial property owner is requesting the return of the cash bond that was posted related to the completion of the wall.  We have returned the bond on all other items that have been completed. 

 

The City Code still requires the wall.  What are the options?

 

1.    Return the bond to the property owner and conclude that the wall does not have to be completed.  The hotel owner has asked for the cash to be returned based upon the code enforcement board's findings.  He believes that he is constrained and unable to complete the wall because of factors beyond his control.  He is willing to complete the wall but is not allowed to enter the adjacent property.  The cash bond the City is holding is $ 6,336.00.

2.    Require the wall to be completed.  This would require the motel owner to work out his differences with the private adjacent property owner. 

3.    Require the property owner to submit a variance request. 

4.    Amend the MDA to insert that the wall does not have to be completed.

 

I asked Code Enforcement to approach the residential property owner about allowing the wall to be completed by an independent third party under the supervision of the residential property owner with the hotel owner paying for the wall to be completed.  To date that offer has not been accepted. 

 

As you know, there were trees involved in the original dispute.  It is clear that an individual came on to the residential property to complete the wall and removed vegetation.  It is clear from discussions with both parties that some type of compensation was to occur related to replacement of the vegetation.  Since the City was not there when the original discussion occurred, it is impossible for us to know exactly what the parties agreed to do.

 

Let me point out to the City Council that even if the wall is completed, there will be a long term maintenance issue.  Staff has drafted revisions to the code of ordinances that would require walls to be constructed off the property lines so that they can be properly maintained.  In the future, you may continue to receive request for walls to be placed on the property line, I would encourage you to avoid granting such request.

 

Staff needs direction from Council regarding the bond on the property.

 

Item 17 -        Utility Billing and Water Meter Discussion

I will have this item on each City Council Meeting in order for the City Council to receive both written and verbal updates as we continue to look at the problems in the

 

G.   COUNCIL COMMENTS

 

Item 18 -        Comments/Concerns from Council Members

 

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

 

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