MEMORANDUM

 

 

To:                   Mayor Allen Green

                        Vice Mayor Donald Burnette

                        Council Member Bob Ford

                        Council Member Drew Bastian

                        Council Member Dennis Kennedy

 

From:              Gregory A. Kisela, City Manager

 

Subject:          Agenda Commentary for Regular City Council Meeting of

                        May 7, 2013

 

Date:               April 30, 2013

 

 

  1. OPENING

 

Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call

 

B.   BOARD APPOINTMENTS, INTERVIEWS, AND REPORTS

 

Item 4 -           Environmental Advisory Board Quarterly Report

 

At this time, a member of the EAB will provide their quarterly report to Council.

 

C.   SPECIAL REPORTS, AWARDS, RECOGNITION, AND PROCLAMATIONS

 

Item 5 -           Report from Kemper Sports Management regarding Cypress Head Golf Course

 

At this time, a representative of KemperSports will make a report to the Council regarding the activities of the golf course.

D.   CITIZEN PARTICIPATION (Agenda)

 

Item 6 -           Friends Carving Club of Port Orange – John Carleton

 

John Carleton will be present to request City Council waive fees for the use of the Adult Activity Center for the Friends Carving Club of Port Orange.

 

Item 7 -           Oakbrook HOA – Lavona Bailey & Cindy Ferrara

 

Members of Oakbrook HOA will be present to voice their concerns with the bridge linking Willow Run and Oakbrook subdivisions.

 

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

 

F.    CONSENT AGENDA

 

Item 8 -           Approval of Minutes

 

a.    April 23, 2013 – Regular City Council Meeting

 

Attached are the City Council meeting minutes from recently held meetings. 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 -        Parks and Recreation Project Updates

 

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

 

Item 11 -        Change Order No. 1 to Contract with Thatcher Chemical of Florida, Inc. and Authorization to Purchase Additional Methanol for the Reclaimed Water Plant

 

The City’s 2012 Revised Domestic Operation Permit with the Florida Department of Environmental Protection (DEP) requires us to lower the Total Nitrogen in our effluent reclaimed water to less than 10.0 parts per million (ppm).  In the treatment process, ammonia is converted to nitrate then to nitrate and nitrate plus.  Total Kjeldahl Nitrogen equals Total Nitrogen.  Methanol is used for the removal of the nitrate part of the total nitrogen to achieve the regulatory target of Total Nitrogen below 10.0 ppm.  On October 1, 2012 the City entered into a Standard Contract for Services with Thatcher Chemical of Florida, Inc. pursuant to ITB-PW-U-12-13 Co-Op Annual Supply of Chemical for Water and Wastewater.  This contract provided for the purchase of an estimated 65,000 gallons of methanol at $2.395 per gallon.  Council approved the initial purchase of 37,500 gallons at that time.  Staff requests approval for the purchase of the remaining 27,500 gallons at $2.395 per gallon ($65,862.50) under the contract, and requests approval of Change Order No. 1 for the purchase of an additional 10,078 gallons at $2.395 per gallon ($24,136.81) to provide for a sufficient supply of methanol for the remainder of the 2013 fiscal year.  The additional purchase of methanol under Change Order No. 1 will increase the value of the contract from $234,830.00 to $258,966.81. Funds are available in the Department’s FY13 Chemical Account.

 

Funding Account No.:    401-0400-535-5219    

 

Staff recommends approving Change Order No. 1 to the contract with Thatcher Chemical of Florida, Inc. for the purchase of methanol above the contracted quantity, to authorize staff to purchase 37,578 more gallons of Methanol at $2.395 per gallon ($89,999.31), and authorizing the Mayor and City Clerk to execute all necessary documents.

 

Item 12 -        2013 COPS Hiring Program (CHP)

 

The U.S. Department of Justice, Office of Community Oriented Policing Services is seeking applications for funding for the COPS Hiring Program (CHP).  The Port Orange Police Department is requesting grant funding for four additional law enforcement officers.  Under this grant, the City may receive up to 75 percent of the approved entry-level officer salary and fringe benefit costs, with a minimum 25 percent local cash match requirement and a maximum federal share of $125,000 per officer position over a three year grant period.  The grant application must be submitted by Wednesday, May 22, 2013 in order to receive consideration.

 

The grant application is made with the City’s intent to support the project and to fund the matching portion of the grant in the amount of $61,632.  The City’s actual funding is required in the FY 2014 budget upon the award and acceptance of the grant agreement.

 

Staff recommends authorizing the Port Orange Police Department to apply for the 2013 COPS Hiring Program Grant.

 

Item 13 -        Reclaimed Water Plant Rehabilitation Project, Bid Award – Bid #13-16

 

The Reclaimed Water Plant Rehabilitation Project encompasses several important elements including Influent Structure Rehabilitation, Temporary Sewer Bypass, a Chemical Building Replacement, and a Vactor Truck Storage Roof Structure.

This project was advertised for bid on Jan 22, 2013.  Of the three bids received, two of the three bids were determined to be non-responsive, and Wharton Smith, Inc. was determined to be the lowest sole responsive bidder at $523,400.  Danus Utilities, Inc. subsequently filed a bid protest.  The protest has been upheld by the City Manager, and if upheld by the City Council, will result in Danus being a responsive bidder.   Danus’ bid is $526,000.  Danus is also claiming 3% local preference, which can only be granted by the City Council.   Both contractors have the ability to satisfactorily perform the job.  This project has been planned for this year in accordance with the approved 5 Year Capital Improvement Plan.   Funds are currently budgeted and available in our Reclaimed Water Plant Rehabilitation Project.

 

Project No.:  SSP007                        Funding Account No.: 40304005356397 

 

Staff recommends awarding a contract to Wharton Smith, Inc. in the amount of $523,400 for the Reclaimed Water Plant Rehabilitation Project - Bid #13-16, and authorizing the Mayor and City Clerk to execute all required contracts and other associated documents for this project on behalf of the City.  

 

Item 14 -        Addendum No. 1 to Sparks Concrete Contract

 

The City’s existing multi-department contract with Sparks Concrete provides for concrete related services to reconstruct sidewalks and driveways where concrete restoration work is required.   The existing Sparks contract is valid until November 2, 2013.  The water system rehabilitation efforts in Daytona Beach Shores that will be undertaken this summer by Public Utilities will generate sidewalk and other concrete repair work beyond that allocated to Public Utilities in the City’s original contract with Sparks.  An additional $15,000 is requested.  The attached additional work authorization, Addendum No. 1 to the City’s existing contract, has been recently prepared for this purpose. With the addition of this proposed Addendum No. 1 the revised total contract amount will be $143,000, with a total of $35,000 allocated to Public Utilities.  Sufficient funds are currently available in the Water System Replacement Project Account to fund this addition work authorization.

 

Project No.: URP001                            Funding Account No.: 421-0800-533-6397

 

Staff recommends approving Addendum No. 1 to the City’s existing contract with Sparks Concrete authorizing $15,000 in additional work for Public Utilities in accordance with existing contract conditions, waiving the payment and performance bond for Addendum No. 1, and authorizing the Mayor and City Clerk to sign all required contract documents.

 

Item 15 -        Change Order No. 1 to Contract with Dredging & Marine Consultants for B-23 Canal Inspection Services

 

The City contracted with Dredging & Marine Consultants (DMC) to provide engineering, permitting and construction inspection and administration services for the B-23 Canal Seawall Restoration Project.  The contractor rebuilding the seawall, Sieg & Ambachtsheer, was originally scheduled to complete the project on July 23, 2012; however, they did not finish all required elements until March 15, 2003.  The additional inspection and contract management fees of $5,229.08 for DMC are fully and directly related to the contractor’s delay in completing the project.  The contractor has agreed to reimburse the City for this cost as a part of their final deductive change order (prepared as a separate agenda item) to close-out the project.

 

Project No.: DIP042                         Funding Account No.: 412-1800-541.63-97                 

 

Staff recommends approving Change Order No. 1 to the contract with Dredging & Marine Consultants in the amount of $5,229.08 for additional inspection and construction administration services for the B-23 Canal Seawall Restoration Project.

 

Item 16 -        Final Deductive Change Order with Sieg & Ambachtsheer, Inc. for the B-23 Canal Seawall Restoration Project

 

The City contracted with Sieg & Ambachtsheer, Inc. for the B-23 Canal Seawall Restoration Project in the amount of $1,210,119.  Change orders for an additional area of dredging and stabilization under the bridge at Main Street were approved in the total amount of $15,250.  This final deductive change order includes an increase of $4,352 for additional sod, a decrease in the amount of $68,940 for less required backfill, and a decrease in the amount of $5,229.08 for additional inspection services incurred because the contractor took more time than allotted in the contract to complete the work.  This change order results in a final deduction of $69,817.08 bringing the contract price down to $1,155,551.92.  The consulting engineers have verified that all work has been completed in accordance with the bid specifications and the City is in receipt of all required close-out documentation, including the consent of surety, contractor’s final release of lien, with the exception of the one-year maintenance bond.  Final payment is recommended upon receipt of the bond.

 

Project No.: DIP042                         Funding Account No.: 412-1800-541.63-97                 

 

Staff recommends approving the final deductive change order with Sieg & Ambachtsheer, Inc. in the amount of $69,817.08 for the B-23 Canal Seawall Restoration Project and authorizing the Mayor and City Clerk to execute all associated documents upon receipt of the maintenance bond.

 

Item 17 -        Award of Bid #13-17 – Town Center Median Landscaping – S.R. 421/Dunlawton Avenue Segment

 

The Town Center Median Landscaping Project has been broken down into two (2) segments to take advantage of FDOT Landscape Discretionary Funds that have been awarded to the City.   Bid #13-17 is for the segment on S.R. 421/Dunlawton Avenue from U.S. 1/Ridgewood Avenue to Spruce Creek Road.   Bid #13-18 is for the segment on U.S. 1/Ridgewood Avenue from S.R. 421/Dunlawton Avenue to the northern City limits, and is the subject of separate agenda item.  The Base Bid provides for landscaping of the medians and a one year extended maintenance contract.  Bid Alternates #1 and #2 are for reduced landscaping and associated reduced maintenance.   Bids were opened on April 2, 2013.  There were only two bidders.   The low bid for Bid #13-17 was from R.J. Landscape Contractors, Inc. in the amount of $120,800 for the base bid.   Funds for this project are available in the account noted below.  Up to $69,000 of the $120,800 is eligible for reimbursement from FDOT.

 

Project No.:   TIF002                         Funding Account No.:301-4300-541.6397 

 

Staff recommends awarding a contract to R.J. Landscape Contractors, Inc. in the amount of $120,800 for median landscaping on SR 421/Dunlawton Avenue -  Bid #13-17, and authorizing the Mayor and City Clerk to execute all required contracts and documents for this project on behalf of the City.  

 

Item 18 -        Award of Bid #13-18 – Town Center Median Landscaping – U.S. 1/Ridgewood Avenue Segment

 

The Town Center Median Landscaping Project has been broken down into two (2) segments to take advantage of FDOT Landscape Discretionary Funds that have been awarded to the City.   Bid #13-18 is for the segment on U.S. 1/Ridgewood Avenue from S.R. 421/Dunlawton Avenue to the northern City limits.  Bid #13-17 is for the segment on S.R. 421//Dunlawton Avenue from U.S. 1/Ridgewood Avenue to Spruce Creek Road, and is the subject of a separate agenda item.  The Base Bid provides for landscaping of the medians and a one year extended maintenance contract.  Bid Alternates #1 and #2 are for reduced landscaping and associated reduced maintenance.   Bids were opened on April 2, 2013.  There were only two bidders.   The low bid for Bid #13-18 was from R.J. Landscape Contractors, Inc. in the amount of $68,200 for the base bid.   Funds for this project are available in the account noted below.  Up to $19,800 of the $68,200 is eligible for reimbursement from FDOT.

 

Project No.:   TIF002                         Funding Account No.:301-4300-541.6397 

 

Staff recommends awarding a contract to R.J. Landscape Contractors, Inc. in the amount of $68,200 for median landscaping on U.S. 1/Ridgewood Avenue -  Bid #13-18, and authorizing the Mayor and City Clerk to execute all required contracts and documents for this project on behalf of the City.  

 

G.   FINANCE (Wayne Saunders)

 

Item 19 -        Resolution No. 13-25 – LAP Agreement for Herbert Street Sidewalks

 

LAP agreement FPN 430228-1-58/68-01 to construct the Herbert Street Sidewalk from Golden Gate Circle to approximately 230 feet west of Nova Road was approved by the City Council at the February 19, 2013 meeting and is ready to be budgeted for.  The total cost for construction and construction engineering and inspection (CEI) is $170,770 with the FDOT funding 90% and the City funding 10%.  The City’s portion, $17,076, is already budgeted for in project OMI008 and account 301-4300-541-63-97.

 

Project No.:    OMI008                      Funding Account No.:       301-4310-541-63-97           

 

Staff recommends approving Resolution No. 13-25.

 

H.   COMMUNITY DEVELOPMENT (Wayne Clark)

 

Item 20 -        Appeal of Planning Commission Decision Denying a Variance to Allow Speed Bumps within Parkwood Mobile Home Park/Michael Belanich Case No. 12-90000005 (continued from March 19, 2013)

 

At the January 24, 2013 meeting, the Planning Commission denied the variance (7-0) to allow the speed bumps to remain.

 

According to LDC Chapter 19, Section 1(f), the Council’s decision to reverse or uphold the Planning Commission’s decision shall be based on the facts of the case presented during the Planning Commission meeting, the review criteria established for the variance request, and the Commission’s decision on the requested variance. No new evidence may be presented, heard, or discussed. Any new information must be presented as part of a new variance request. The appeal request letter from the applicant, minutes from the Planning Commission Meetings, and staff report are attached.

 

Michael Belanich, Managing Member of Parkwood Mobile Home Park, requested approval of a variance from Chapter 12, Section 6(g)(3) of the City of Port Orange Land Development Code (LDC) to allow speed bumps on private roadways within Parkwood Mobile Home Park. The LDC prohibits speed bumps on any public or private roadway or drive. The code requirement was adopted in Ordinance 1990-33 to ensure emergency response vehicles were not delayed or damaged while responding to emergency calls. The speed bumps within Parkwood were installed without prior City approval. According to the applicant, the speed bumps ensure the safety of the park residents. If the variance request is approved, speed bumps that were previously installed throughout the park will be allowed to remain.

 

I.      PUBLIC SAFETY (Jerry Monahan)

 

Item 21 -        Feral Cat Program Update

 

Pat Mihalic from the Concerned Citizens for Animal Welfare organization will present a status report on the City’s Feral Cat Program.

J.    CITY ATTORNEY (Margaret Roberts)

 

Item 22 -        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.

 

K.   ADMINISTRATION (Greg Kisela)

 

Item 23 -        Second Reading – Ordinance No. 2013-7 – Audit and Budget Advisory Board

 

As requested by City Council please find attached a proposed ordinance establishing the Audit and Budget Advisory Board. The changes requested by Council have been made.

Staff recommends approval of Ordinance No. 2013-7.

 

Item 24 -        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.

 

L.    COUNCIL COMMENTS

 

Item 25 -        Comments/Concerns from Council Members

 

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

 

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