MEMORANDUM

 

 

To:                   Mayor Allen Green

                        Vice Mayor Donald Burnette

                        Council Member Bob Ford

                        Council Member Drew Bastian

                        Council Member Dennis Kennedy

 

From:              Kenneth W. Parker, City Manager

 

Subject:          Agenda Commentary for Regular City Council Meeting of

                        January 8, 2013

 

Date:               January 3, 2013

 

 

This is  the first meeting of the New Year.  The City Council agreed to begin their meetings at 6:30 p.m. rather than at 7:00 p.m.  This will be the first 6:30 p.m. meeting.  Also, on Tuesday night at 5:15 p.m. in the lobby of City Hall, there will be a reception honoring employees and their families who retired during 2012.  There were eight employees who retired from City Service in 2012.  This has been an annual event.  During the regular meeting, the employees who have retired will be presented with a proclamation. 

 

  1. OPENING

 

Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call

 

B.   SPECIAL RECOGNITION AND PROCLAMATIONS

 

3a. FIND Check Presentation

 

3b. Update regarding the Contract with Greg Kisela

 

Item 4 -           Special Recognition for Retired City Employees

 

At this time, the Mayor and Council Members will recognize the following employees who retired during 2012.

 

Robert Day, Christopher Ballinger, Drew Bastian, William Miller, Frank Surmaczewicz, Stephen Wilson, Barry Jackson, and Rosemary Redfield.

 

Item 5 -           Audit Report from Alex Kish

 

  2012 External Audit Plan presented by Brent Millikan & Company, P.A.

 

City Manager Comments: The City Council requested a meeting with the Council appointed external auditor.  Alex Kish will be present on Tuesday night.

 

C.   BOARD APPOINTMENTS AND INTERVIEWS

 

Item 6 -           Board Appointments

 

a.    Construction Regulation Board

 

An appointment to the Construction Regulation Board needs to be made. There is one vacancy and one applicant.

 

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

 

E.   CONSENT AGENDA

 

Item 7 -           Approval of Minutes

 

a.    December 4, 2012 –Regular City Council Meeting

b.    December 11, 2012 – Regular City Council Meeting

 

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

 

Item 8 -           Construction Activity Report

 

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

 

Item 9 -           Parks and Recreation Project Updates

 

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

 

Item 10 -        Project Manager’s Report

 

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

 

Item 11 -        Budget Calendar

 

Staff recommends that Council approve the attached proposed Budget Calendar for the fiscal year 2014 budget.

 

City Manager Comments: Annually, the City Council adopts the Budget calendar in January.  This calendar sets key dates for City Operating Departments as well as certain dates for documents to be delivered and reviewed by the City Council.  This calendar may be amended in the future but it establishes the dates consistent with Council’s past practice. 

 

Item 12 -        Written Financial Reports for Cypress Head Golf Course by KemperSports

 

Attached are the reports from KemperSports regarding the Cypress Head Golf Course.

 

Item 13 -        Change Order #2 to the Contract with Barney’s Pump’s Inc. for rebuilding two Aurora Sludge Pumps at the Garnsey Water Treatment Plant

 

Barney’s Pumps Inc. is utilized for the repair and maintenance of Aurora Sludge Pumps. Aurora sludge pumps are used throughout the sludge process at the water plant. They transfer waste sludge from the softening units to the sludge thickeners, from the sludge thickeners to the sludge dewatering equipment where the sludge is dewatered and loaded on to dump trucks for disposal. Currently only one pump is working and is in need of repairs. The secondary pump will be rebuilt first and once completed it will be changed out with the primary pump so it to can be refurbished. 

 

Barney’s Pumps Inc. has provided highly reliable and dependable service under our agreements with them for many years. Staff has determined that the price quote attached is a fair price for the work involved. Change Order #2 for $29,500 increases the existing contract amount of $57,250 to making the new total contract amount $86,750.We request your approval of this additional work authorization at this time.  Funds are currently budgeted and available in our Sewer Plant Replacement Project.       

Funding Account # 40106005364610

 

Staff recommends approving Change Order #2, to the existing contract with Barney’s Pumps Inc. in the amount of $29,500 for Aurora pump rehabilitation / pump repair work at the Garnsey Water Treatment Plant, and authorizing the Mayor and City Manager to sign all required documents on behalf of the City.

 

Item 14 -        Change Order #1 to the Contract with Diamond Quest for Security Surveillance Items

 

Diamond Quest is utilized for the repairs, upgrades and the installation of new video security systems at the Water Treatment Plant, Reclaim Treatment Plant and our three remote pumping stations: Peninsula Pump Station, Oceans Pump Station and Cypress Head.

 

Diamond Quest has provided highly reliable and dependable service under our agreements with them for many years. Work is authorized by change orders. Staff has determined that the price quotes attached are a fair price for the work involved. Change Order #1 for $13,918 increases the existing contract amount of $39,312 to making the new total contract amount $53,230. Funds are currently budgeted and available in the Maintenance Division Operating Budget.     

 

Funding Account # 40106005364610

 

Staff recommends approving Change Order #1, to the existing contract with Diamond Quest, in the amount of $13,918, for repairs and upgrades to the Security Surveillance System and authorizing the Mayor and City Manager to sign all required documents on behalf of the City.

 

Item 15 -        Foreclosure Action Involving SHIP Mortgage – David Robert Nist

 

On December 19, 2008, David Robert Nist executed a SHIP Mortgage payable to the City against property located at 909 Tall Pine Drive, Port Orange, Florida.  The SHIP Mortgage remains outstanding.  On October 11, 2012, a foreclosure action was filed in the Circuit Court, Seventh Judicial Circuit, in and for Volusia County, Florida, by Bank of America, N.A., seeking to foreclose its first lien on the subject property.  The City’s interest in the SHIP Mortgage is inferior to the first lien and subject to foreclosure whether or not the City files a cross-claim in the foreclosure action.  The tax assessor’s property valuation is $119,293.00.  The first mortgage being foreclosed is $122,001.61, and the SHIP mortgage is $38,500.00.  It is not likely that the city will recover the cost to foreclose its second mortgage. 

 

Staff recommends Council direct the City Attorney not to file for foreclosure of the SHIP Mortgage to David Robert Nist.

 

City Manager Comments: The SHIP program is a State Program.  The State provided the funds and the City working with local lenders provided SHIP dollars to the homebuyers.  There are no local tax dollars involved in the loan except for the legal cost.  The City Council decided last year that it would no longer participate in the SHIP program; rather Port Orange residents could apply for SHIP funding through Volusia County when and if dollars were available from the State of Florida. 

 

Item 16 -        Electrical Services Contract Change Order #2 with Stewart’s Electric Motor Works, Inc. and Purchase Order Work Authorization

 

The City of Port Orange would like to continue to work with Stewart’s Electric Motor Works, Inc. to provide a myriad of pump and electric motor services related to the continued operation and maintenance of our existing city’s utility infrastructure. 

The proposed contract change order #1 to our existing contract includes pump and motor electrical items related to keeping our three internal recycling pumps in continuous operation. These pumps operation are a fundamental requirement to our successful wastewater treatment process at our Reclaimed Water Plant. These three pumps are scheduled for inspection, disassembly, parts replacement, and rehabilitation at this time.  Each pump will be rehabilitated separately so that the two remaining pumps will remain installed and available during the pump rehabilitation process. This proposed rehab effort will help us to ensure that we will continue to provide high quality wastewater treatment and production of high quality reclaimed water to our utility customers throughout the coming years.

 

Funds are currently available in our Sewer Plant Replacement CIP Project Account to cover this accompanying proposed work authorization.

 

Project No.: SSP 002                  Account No: 403-0400-535-6397 

 

Staff recommends approving Change Order #1 to the existing contract, and to authorize Stewart’s Electric Motor Works, Inc. in accordance with the attached to perform required electrical services on our 3 Internal Recycle Pumps at our Reclaimed Water Plant in the amount of $58,878.99, and authorizing the Mayor and City Manager to sign all required contract documents.

 

Item 17 -        Change Order #3 to Agreement for Services with Danus Utilities, Inc.

 

The City and Danus Utilities, Inc. entered into an Agreement for Services on October 18, 2011, which allowed the City to piggyback the Contractor’s agreement with the City of Clermont.  The Agreement for Services has been amended and restated to establish the initial term expiring December 31, 2012.  Change Order No. 3 provides for the close out of the initial term.

 

Project No.:  URH001                      Funding Account No. 421-0401-535-6397

 

Staff recommends approving Change Order #3 to the Agreement for Services with Danus Utilities, Inc. for Sanitary Sewer Rehabilitation.

 

Item 18 -        Amended and Restated Agreement for Services with Danus Utilities, Inc.

 

The City and Danus Utilities, Inc. entered into an Agreement for Services on October 18, 2011, which allowed the City to piggyback the Contractor’s agreement with the City of Clermont.  The City Attorney’s Office desires to amend and restate the Agreement for Services in the form attached hereto in order to clarify the terms of the Agreement.  The Amended and Restated Agreement for Services will be supplemented by Task Authorization as deemed necessary by the Public Utilities Director. 

 

Public Utilities staff and Danus are currently in the process of expanding their existing work efforts into Willow Run, Beacon Woods, Isabelle, and Cambridge Villas.  Danus also continues to assist the City in lift station wetwell conversions and lining work areas.  Public Utilities therefore requests Council’s approval of the Amended and Restated Agreement for Services for the rehabilitation of various manholes / wetwells and other sanitary sewer rehabilitation items in an amount not to exceed $80,000.00.

 

This project was previously approved in the FY 2012-2013 Capital Improvement Program.  Funds are available in the Sewer System Rehabilitation Project.

 

Project No.:  URH001                      Funding Account No. 421-0401-535-6397

 

Staff recommends approval of the Amended and Restated Agreement for Services with Danus Utilities, Inc. for sanitary sewer rehabilitation services, and authorizing the Mayor and City Manager to sign all required contract documents.

 

Item 19 -        Contract with Volusia County Fire Services for Coverage of County Areas

 

This is a continuation of an agreement that expired on September 30, 2012. The City of Port Orange shall receive payment of $7,140.00 per month for the duration of this contract.  This agreement would remain in affect unit February 28, 2013.

 

Staff recommends approving the agreement between the City of Port Orange and County of Volusia for Fire Suppression Services a Certain Service Area.

 

City Manager Comments: As you know, Volusia County provided the City with notice of its intent not to fund Fire Services for certain unincorporated areas that were previously served by the City of Port Orange.  The County provided the City with a contract that would pay for fire services until the end of February.  This is the same contract that the City signed with the County over the years.  The City Attorney has raised a question about the broadness of the indemnity language in the agreement.  She has indicated that she would prefer the language to be less broad.  However, in the past, the County has not been willing to change the language.  As you are aware, the City is required under the County’s closest unit Ordinance to respond to medical calls as a condition for the City’s COPCN.  The City did not anticipate any revenues from Volusia County when preparing the budget last summer.  The City would receive over $35,000 from Volusia County for providing fire and rescue service to the unincorporated areas. 

 

Item 20 -        Authorization to Purchase Repair Parts and Supplies from Barney’s Pumps

 

Barney’s Pumps, Inc., is the current authorized distributor for Aurora and Layne/Verti-Line pumps for the municipal market in Florida, as provided in the attached correspondence.  The City currently has a standard services agreement with Barney’s that covers the backwash recovery Layne VTP pump modifications and sludge pump repair.  A third project for pump repairs is forthcoming.

Because Barney’s has been used for rehabilitation and repair services this year, the total amount spent with this vendor has exceeded $25,000.  On an annual basis, Public Utilities can spend up to $15,000 for in-house replacement and repair parts.  The Public Utilities Department is recommending that the City Council authorize the purchase of repair and replacement parts, on an as needed basis, from Barney’s in an amount not to exceed $15,000.  Funds are budgeted in the maintenance division’s repair and maintenance supply account.

 

Funding Account No.: 401-0600-536.52-18

 

Staff recommends authorizing the purchase of Aurora and Layne/Verti-Line pump repair parts and supplies from Barney’s Pumps, Inc. in an amount not to exceed $15,000.

 

Item 21 -        Validate Authorization of Addendum No. 3 with Economy Electric for Electrical Upgrades to Public Works Warehouse

 

The Public Works warehouse, commonly referred to as “the Palace” and measuring 50’x100’, lacks any electricity.  The Palace houses various items ranging from heavy equipment to cones, barricades and traffic control devices.  Thus, the Palace is routinely accessed after hours for emergencies.  Additionally, the Palace features caged storage areas where Finance houses surplus items awaiting auction.

 

In the interest of employee safety, we desire to provide basic internal lighting, as well as ventilation fans to remove the potential for dangerous gas vapors that could collect in the facility.  Economy Electric has a continuing services agreement with the City, and they supplied a quote of $7960 to install the electrical upgrades. 

 

Current interpretation of the City Purchasing Ordinance requires that when any vendor has a contractual obligation with the City in excess of $25,000, then any and all subsequent approvals for additional work, regardless of the dollar amount, must be approved by City Council.  In FY12 and FY13, Economy executed two addendums for Public Utilities for a cumulative amount of $87,870. Public Works now requests approval of Addendum No. 3 in the amount of $7960, bringing the total contractual amount to $95,830. 

 

Funding Account No.: 506-4200-539-4616

 

Staff recommends approving Addendum No. 3 with Economy Electric for electrical upgrades to the Public Works warehouse, and authorizing the Mayor and City Manager to sign all required documents on behalf of the City.    

 

Item 22 -        Change Order #1 to the Contract with RJH Technical Services, Inc. for Repair and Maintenance on Variable Frequency Drives (VFD’s) and High Service Pump Controls at the Water and Reclaimed Plants

 

RJH Technical Service Inc. is an approved sole source vendor and an experienced trouble shooter for Toshiba drive units and high service pump controls that control and maintain the water plant operating pressures and the wet well levels for the wastewater plant.  They are the factory authorized service provider for Toshiba control equipment.

RJH Technical Services Inc. has provided highly reliable and dependable service under agreements with the City for many years. Based upon history and typical areas of need, staff recommends Change Order #1, in the amount of $10,000, to the original agreement of $22,400 for repair and maintenance of equipment.

 

Funding Account No.: 401-0600-536-4610

 

Staff recommends approving Change Order #1 to the existing contract with RJH Technical Services Inc. in the amount of $10,000 for general repair and maintenance on Variable Frequency Drives (VFD’s) and high service pump controls and authorizing the Mayor and City Manager to sign all required documents on behalf of the City.    

 

Item 23 -        Change Order #2 to the RJH Technical Services, Inc. Contract for Emergency Repairs to the High Service Pumps at the Water Plant

 

The City has a contract with RJH Technical Service Inc. in the amount of $22,400 for rebuilding one of the high service pumps at the water plant.  RJH is the vendor utilized for trouble shooting the Toshiba drive units and high service pump controls that control and maintain the water plant operating pressures and the wet well levels for our wastewater plant.

 

Because the payment and performance bond forms were not submitted accurately by the vendor, the purchase order was not released and the vendor has not ordered the parts to fix the pump.  Subsequently, the second high service pump has begun to experience problems.  The water plant operators have indicated that an emergency situation will exist if the third pump were to fail or experience difficulties.  The City Manager authorized the release of the purchase order for the first pump as well as the second pump on December 26, 2012, in accordance with the emergency purchasing procedures.

 

Change Order No. 1 in the amount of $10,000 was requested for FY13 general pump repairs and maintenance.  The attached Change Order No. 2, in the amount of $22,400, is included for the City Council’s validation since the total contract amount with this vendor exceeds $25,000.  The corrected bond forms for the first pump have now been received; however, the bond amount will need to be increased to include the second pump repair costs prior to work commencing. With all change orders, the total contract amount will be $54,800.

 

Funding Account No.: 401-0600-536-4610

 

Staff recommends validating Change Order #2, to the existing contract with RJH Technical Services Inc. in the amount of $22,400 for emergency repairs to the high service pump controls and authorizing the Mayor and City Manager to sign all required documents on behalf of the City.

   

Item 24 -        2013 Edward Byrne Memorial Justice Assistance Grant (JAG)

 

The Port Orange Police Department has been awarded grant funds from the Florida Department of Law Enforcement 2013 Edward Byrne Memorial Justice Assistance Grant in the amount of $8,968.  A portion of these funds (6,831) will be used to purchase one interactive white board (smart board) for the police roll call/briefing room. 

The Police Department is also requesting to purchase ninety (90) Entrust Advanced Authentication USB tokens for all sworn personnel to comply with the September 2013 FBI mandate to gain access to various law enforcement computerized programs:  NCIC, CJIS, criminal histories and fingerprint records.  Each USB token costs $24.00 for a total of $2,160.

 

Both of the above items total $8,991.  Forfeiture funds will be used to cover any overage above the grant funding.

 

Staff recommends approving the acceptance of grant funds from the Florida Department of Law Enforcement in the amount of $8,968. 

 

Item 25 -        Validation of Emergency Purchase of Large Neptune Meters from Sunstate Supply

 

Inventory supplies of 1” and 1.5” meters are either depleted or extremely low.  An adequate number of replacement meters should be maintained in inventory to insure availability when repair/replacements are required.  The delivery time for these meters is 4 to 6 weeks.  The total cost of this purchase is $6,125.97.  Funding is available as shown below.

Project No.:    ZMI025           Funding Account No.:       421-0500-536-55.31           

 

Staff recommends validation of the emergency purchase of 29 large Neptune meters (1” & 1.5”) from Sunstate Supply to replenish inventory on purchase order 67842. 

 

F.    FINANCE (Stella Gurnee)

 

Item 26 -        Resolution No. 13-01 – Budget Resolution

 

The costs for the internal audit function are recommended to be moved to the Risk Management fund to partially fund a grants/contract accountant.  Remaining funds for this position are funded from contingency.

The original specifications for the new fueling system did not include enough conceivers to support the entire City fleet of vehicles and equipment.  In addition the Facilities Manager has identified additional items for maintenance of City Hall.  They include additional painting and carpeting.

 

The attached budget resolution provides for the recognition of the budget changes recommended to address the items noted above. Please see the attachments for the specific detail.

 

Staff recommends approval of the attached Resolution. 

 

City Manager Comments: The roof work has been completed.  What remains is to paint the interior and the exterior of City Hall and replace carpet in City Hall that has been stained by the leaks as well as wear.  Some of the areas of City Hall have not been repainted since the building was originally opened.  Much of the carpet on the second floor is almost 15 years old. It was replaced when the library moved from City Hall to the current Public Library.  Frank Flagg has evaluated the windows at City Hall as well.  The windows need to be resealed.  The sealant was replaced soon after the City occupied the building. It is his recommendation that the windows be resealed.  Funds for the building improvements are available in the Building Maintenance Fund.  If you have questions about the work, please feel free to call Frank Flagg.  He will be most happy to discuss what is being proposed.  If you have questions about the Grants/Contract Account and the movement of the internal audit funding to Risk Management Fund, please feel free to call Stella Gurnee. 

 

G.   COMMUNITY DEVELOPMENT (Wayne Clark)

 

Item 27 -        First Reading – Ordinance No. 2013-01 – LDC Amendment/Chapters 17 and 18, Case no: 12-25000009)

 

At its December 20, 2012 meeting, the Planning Commission recommended approval of the request to amend Chapters 17 and 18 of the Land Development Code, to allow health/exercise clubs as a permitted use with special development requirements in the Light Industrial (LI) zoning district.

 

In addition to meeting the special development requirements, a tenant or property owner would not be able to obtain a Certificate of Occupancy (C.O.) if the site was deficient in terms of the number of parking spaces or the tenant space did not meet the Florida Building Code and Fire Code requirements for the proposed use.

 

Staff recommends approval of Ordinance No. 2013-01, amending Chapters 17 and 18 of the Land Development Code (LDC), as recommended by the Planning Commission.

 

City Manager Comments:  A few weeks ago, the City Council had a presentation by Mark Hazen about the Port Orange Panthers Competitive Baseball Program being allowed to have a training facility in Eastport.  The change would allow others to place health/exercise clubs in L.I. zone so be aware that this is not being done specifically for the competitive baseball program that desires to use one of the existing buildings in Eastport. 

 

H.   PUBLIC SAFETY (Jerry Monahan)

 

Item 28 -        Second Reading – Ordinance No. 2012-33 – Ordinance Prohibiting the Purchase, Possession, Sale, and Distribution of Illicit Synthetic Drugs and Drug Paraphernalia

 

The City of Port Orange faces a growing epidemic regarding the proliferation of designer synthetic drugs. These synthetic drugs are being marketed to young people as legal substitutes for drugs currently banned by federal and state law such as marijuana, ecstasy, and cocaine. The long term health effects of these products are unknown as they are not regulated by the FDA, have not undergone human clinical testing and their manufacturing process has no oversight. There have been reported cases where users of the illicit synthetic drugs suffered from acute paranoia, heart attacks, and suicidal thoughts. This ordinance will make it unlawful to purchase, possess, sell, or distribute illicit synthetic drugs within the City of Port Orange.

 

Staff recommends approving the Ordinance.

 

I.      CITY ATTORNEY (Margaret Roberts)

 

Item 29 -        City Attorney’s Evaluation

 

The City Attorney is appointed and evaluated by the City Council.  Vice Mayor Burnette has requested the City Attorney evaluation be placed on the City Council Agenda. The attached memorandum provides additional background information.

 

When the budget was prepared, funds were allocated for a salary adjustment for the City Attorney.  However, the City Council is not limited to the amount that was budgeted.  Should the City Council desire to provide more than the amount that was budgeted, a budget amendment would be prepared for Council consideration.

 

Item 30 -        City Attorney’s Report

 

The City Council asked that the Agenda format include an agenda item that would allow the City Attorney to report and update City Council members.

 

J.    ADMINISTRATION (Ken Parker)

 

Item 31 -        Discussion regarding the role of the Golf Board for Cypress Head

 

Council Member Bob Ford asked that this item be scheduled for City Council discussions.  Previous City Councils had delegated to the Golf Course Board oversight responsibility and decision making responsibility to keep the budget aligned.  One of the areas that was discussed previously was the Golf Board using the land lease payment to keep the budget aligned.  At the recent Golf Course Board meeting, there was discussion about needing additional information from the management firm.  Also, at the recent Golf Board meeting, there was a concern about the performance in terms of rounds played as compared to the projected rounds as well as the amount of revenue generated verses the projected revenues.  Because of the lateness of the Golf Board meetings each month, it was requested that the firm update the Board and the City Council on their projections for the remainder of the month. At the meeting there was a discussion about capital improvements that have been made at the course and planned.  One of the discussions related to the course evaluation.  It was suggested that the course not only be evaluated against itself but that it be evaluated against its competitors (i.e. Crane Lakes, Spruce Creek Fly In, Venetian Bay, New Smyrna Beach Municipal Course, Pelican Bay, etc.)   

 

Item 32 -        Utility Billing and Water Meter Update

 

On Monday, each City Council Member is scheduled to meet with the Utility Billing and Water Meter Team.  This will be an opportunity for you to speak with the members of the team.  Also, I would like to discuss with the Council, Sensus’ response and my response.  I have not had any additional correspondence from Sensus. 

 

Also, the City Council will need to provide direction related to transmitters and software.  There will be a time when the City will not have transmitters for installation.  We are using the transmitters that are in stock.  These are Sensus transmitters.  The City has not ordered any additional materials from Sensus in some time.  We have been waiting on the Sensus responses.  At some point, the City Council is going to have to provide staff with direction related to whether the City is going to continue replacing Sensus components under their warranty.  The City continues to look for a universal device to electronically read water meters. 

 

Shannon will be conducting the briefing of City Council on Tuesday night.

 

Item 33 -        City Manager’s Report

 

This has been placed on the agenda so that the City Manager can bring items to the City Council attention and to provide information to the City Council about ongoing city activities.

 

K.   COUNCIL COMMENTS

 

Item 34 -        Comments/Concerns from Council Members

 

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

 

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