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
June 25, 2013
Date: June 19, 2013
Item 1 - Pledge of Allegiance
Item 2 - Silent Invocation
Item 3 - Roll Call
B. SPECIAL REPORTS, AWARDS, PROCLAMATIONS
At this time, a representative of KemperSports will make a report to the Council regarding the activities of the golf course.
C. CITIZEN PARTICIPATION (Agenda)
The Alliance of Port Orange Homeowner’s Association will be present to say thank you.
D. CITIZEN PARTICIPATION (Non-Agenda – 15 Minutes)
E. CONSENT AGENDA
Attached is the Project Managers’ Report. If you have questions, please contact any of the Project Managers or me.
To meet FDEP requirements and to reduce expenses at the Reclaimed Water Plant, an automatic chemical pacing system has been developed to replace the current manual system for adding methanol. The automatic system uses special probes placed inside the tanks that send data back to the chemical feed system in real time, dispensing only the exact amount of chemical needed at the precise time it is needed. The system has two components; probes made by the Hach company, and the telemetry system by Data Flow System, Inc. This agenda item is for the telemetry; a separate agenda item has been prepared for the purchase and installation of the instrumentation from Hach. Data Flow Systems, Inc. was approved by the City Council as a sole source vendor as the City’s supplier of radio telemetry equipment in September 2011. Data Flow equipment enables remote monitoring and control of 140 facilities within the City’s utility service area, including lift stations, wet wells and storage tanks. Standardization of all telemetry equipment within the City’s utility system is paramount for reliable communications and cost effective service contracts. For the chemical pacing system, Data Flow will provide equipment and services in the amount of $28,748. Staff recommends authorizing the attached Standard Contract for the sole source purchase of this equipment from Data Flow Systems, Inc.
Project No.: SSP002 Funding Account No.: 401-0400-535.63-97 & 421-0400-535.63-97
Staff recommends waiving normal bidding procedures and approving the purchase of telemetry control equipment from Data Flow Systems, Inc., in the amount of $28,748.
Public Utilities 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 additional work authorization, Change Order No. 2, has been prepared for this purpose. The rehabilitation services that may be provided include well pump lifting / pulling services, reboring, sealing/grouting, and plugging of wells. We have already expended the $40,000 authorized under Change Order No. 1. This additional $25,000 will make the revised contract amount $65,000 for the fiscal year. This will help ensure that we can continue to provide safe reliable drinking water to all of our customers.
Funds have been allocated in the current year Capital Improvement Program in the Water Wells Repairs and Maintenance Account. Staff recommends approval of Change Order No. 2 to the Agreement with Diversified Drilling Corporation.
Project No.: WWW002 Funding Account No.: 403-0200-533-6397
Staff recommends approving Change Order No. 2 to the Agreement with Diversified Drilling Corporation in the amount of $25,000, and authorizing the Mayor and City Clerk to execute all required documents.
The City’s contract with CPH for forest management services expired on May 31, 2013. RPF #13-06 was prepared to include not only forestry and mitigation related services, but also lake management services.
Proposals for land management services in response to RFP #13-06 were received from four firms on April 15, 2013. All were deemed responsive and invited to make oral presentations to the selection committee. The selection committee, comprised of Mary Anderson, Public Works Director, Ken Burgman, Deputy Director of Fire Services, Richard Woodman, Public Utilities Maintenance Superintendent and Suzanne Grubbs, Chair of the Environmental Advisory Board, met on May 31, 2013 to hear presentations from the four responsive firms. The committee ranked the firms as follows:
1. Clear Waters Long Leaf Forest
2. Zev Cohen and Associates
3. Cardno Entrix
4. Dredging and Marine Consultants
The committee unanimously ranked Clear Waters Long Leaf Forest first based upon their experience, qualifications, ability to respond to emergencies and cost. The land management component has a total cost of $80,000 which includes the base monthly fee, control burning, boundary marking and annual report preparation and submittal. Funding for these services is available in forestry and wetland mitigation professional services accounts 420-1000-536.31-13 and 31-63 and 416-0300-580.31-13. The lake management component has a total cost of $7,500 and includes spraying, invasive species control and other aquatic management services as needed. Funding is available in the reclaimed water division professional services account 401-0400-535.31-13.
The contract is for a five-year term with the possibility of an additional one-year extension upon written approval of both parties.
Project No.: EFM001
Staff recommends approving an agreement with Longleaf Forest Service, Inc. and Clear Waters, Inc. d/b/a Clear Waters Long Leaf Forest in an annual amount not to exceed $87,500 for land management services and authorizing the Mayor and City Clerk to execute all applicable contract documents.
New nutrient permit limits for effluent from the Reclaimed Water Plant have been imposed by FDEP. The requested purchase of water quality sampling instrumentation will provide real time analysis of water chemistry. This enables staff to adjust chemical feed systems and process control to remain in compliance with FDEP permit requirements using the least amount of chemicals. Staff utilizes Hach equipment exclusively for monitoring chemical feed applications at both the Water and Wastewater plants. Standardization of laboratory equipment and compatibility with existing infrastructure warrants sole source purchase of Hach equipment. This purchase includes warranty upgrades that have proven in the past to be extremely cost effective.
Project No.: SSP002 Funding Account No.: 401-0400-535-6397
Staff recommends waiving the formal bidding requirements and approving a purchase from the Hach Company for Instrumentation & Warranty Services for the Reclaimed Water Plant in the amount of $78,321.63.
Staff has received a right-of-way license agreement application for a portion of the Margate Court right-of-way frontage of Lot 8 of the Harbor Point Phase III subdivision. Wayne and Carolyn Walker, the property owners, have made this application in connection with a proposal to reconstruct the driveway and the right-of-way apron for their home 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 Margate Court, therefore liability concerns have been determined to be minimal.
Staff recommends authorizing the Mayor and City Clerk to act on behalf of the City to execute a License Agreement for Lot 8, Harbor Point Phase III subdivision.
This purchase shall be subject to the approval of the State of Florida Department of Health (DOH) grant which will pay for 60% of the costs for replacement of the deteriorating hydrofluorisilic acid chemical feed system at the Garnsey Water Plant. The Wallace & Tiernan chemical feed skid system required for this replacement is only available from Water Treatment & Controls Company, which is the sole regional representative of the equipment manufacturer. The standardization of equipment and compatibility with existing equipment warrants sole source purchase. This standardized installation will conform to all existing equipment appurtenances and excludes us from permit requirements for this replacement.
Project No.: WWP003 Funding Account No.: 40302005336497
Staff recommends waiving formal bidding requirements and approving the sole source purchase of equipment and installation services from Water Treatment & Controls Company in the amount of $51,382.00 for the replacement of the hydrofluorisilic acid chemical feed system at the Garnsey Water Plant, subject to grant funding provided by the State of Florida DOH.
Replacement of the deteriorating hydrofluorisilic acid feed system is slated in an upcoming water production capital improvement project at a cost of approximately $51,382.00. In April, 2012, the Volusia County Health Department advised of federal grant funds administered through the State of Florida Department of Health (DOH) available for this activity. The City applied and was informed of our selection shortly thereafter. The former City Manager directed the Chief Water Plant Operator to proceed with grant procurement negotiations in anticipation of receiving a contract from DOH. DOH has now agreed to fund 60%, or approximately $30,829.20 of the cost of replacing our existing chemical feed system. The existing equipment to be replaced is a Wallace & Tiernan skid system. No additional permitting will be required due to this being replacement equipment.
Project No.: WWP 003 Funding Account No.: 40302005336497
Staff recommends approving the contract with the State of Florida DOH accepting a grant in the amount of $30,829.20 for the replacement of the hydrofluorisilic acid chemical feed system at the Garnsey Water Plant, and authorizing the Mayor and City Clerk to execute this contract on behalf of the City.
The City and Danus Utilities, Inc. entered into an agreement, dated December 11, 2012, pursuant to Bid No. 12-50 - Large Meter Replacement. Amendment and Addendum No. 1 for Phase II, provides for additional terms under Phase II. Danus Utilities, Inc. has completed the installation of 40 large meters along Atlantic Avenue in Daytona Beach Shores under Phase I. Twenty-three (23) additional water meters, valves and related fittings at various locations within Port Orange have recently been identified as needing replacement. Assistance is also needed with large meter removal and replacement as part of the waterline rehabilitation project in Daytona Beach Shores slated for mid-July.
Public Utilities requests approval of Amendment and Addendum No. 1 for Phase II of the Danus Agreement. Funds are available in the Large Meter Replacement Project for this specific purpose as approved under the City’s Five Year Capital Improvement Plan.
Project No.: MMM 101 Funding Account No.: 42108005336397
Staff recommends approving Amendment and Addendum No. 1 for Phase II to the Agreement between the City and Danus Utilities, Inc. for large meter replacement pursuant to Bid No. 12-50, in the amount not to exceed $75,000.00; waiving formal bidding requirements for up to four meters at 1 ˝” and 6” in size; waiving formal bidding requirements for removal and replacement of water meters in the Daytona Beach Shores watermain flushing project; and authorizing the Mayor and City Clerk to execute all required contract documents.
See the attached agreement for legal services for the firm.
Staff recommends approval of continued legal services with Kinsey, Vincent and Pyle in accordance with the attached agreement.
See the attached agreement for legal services and letter stating the proposed rates for the firm.
Staff recommends approval of continued legal services with Allen Norton and Blue in accordance with the attached agreement and letter dated May 29, 2013.
The City Attorney’s Office currently requires special counsel for attorney services in the case as follows: In Re Forfeiture of $6,125.00. Additional special counsel is needed to provide services for a conflict of interest and when case volume conflicts with other litigation duties. The hourly rate is $200.00 per hour and the estimated FY2013 expenditures are $9,000.00 for all cases.
Staff recommends approving Greg Wagner, Esquire to represent the City in civil forfeiture cases as requested by Gerald Monahan, Director of Public Safety.
Monitoring of wetland water levels at the wellfield is a requirement of the City’s Consumptive Use Permit. The data logger units at the wellfield monitoring stations are showing signs of deterioration due to the age of the units. Cables are extremely worn, and some have exposed wiring. Currently two units are not working properly.
Public Utilities requests approval of Addendum No. 1 to the City’s contract with Biological Consulting Services, Inc. in the amount of $7,150. This amount will cover the replacement of two data loggers and refurbishment of five others. Funding for this work is available in Public Utilities Administration’s Professional Services account.
Project No.: N/A Funding Account No.: 40109005363113
Staff recommends approving Addendum No. 1 to the contract with Biological Consulting Services, Inc. for the replacement of two data loggers and the refurbishment of five others, in the amount of $7,150.
The Florida League of Cities asks that each municipality designate one Council Member to serve as the voting delegate for the annual Florida League of Cities Conference which will be held in Orlando on August 15-17, 2013. Vice-Mayor Burnette was the voting delegate in 2012.
Staff recommends appointing a City Council Member to serve as the voting delegate for the Florida League of Cities Conference to be held in Orlando on August 15-17, 2013.
The City and our Investment Advisor (PFM Asset Management, LLC) entered into an Investment Advisory Agreement dated 5/1/08. Advisory investment services began with PFM in June, 2001. The Original Agreement provided for an initial term through June 30, 2009, and five (5) one-year optional renewal periods.
The Client and the Advisor desire to amend the Existing Agreement to exercise an option to renew the Existing Agreement for an additional one-year period.
Staff recommends approval of the attached Sixth Amendment to the Existing Investment Advisory Agreement for the additional one-year period through July 1, 2014. All other provisions in the Existing Agreement shall remain in effect.
Please see the attached Sixth Amendment to the Investment Advisory Agreement for specifics.
Funding Account No.: Pooled Cash & Investment Earnings Net Of Fees
Staff recommends approval of PFM Sixth Amendment to Investment Advisory Agreement.
In 2007-08, Port Orange completed construction of the first phase of improvements to the Cambridge Canal area, which included hardening the banks of the canal and the installation of the pump station in the Cambridge subdivision.
In May, the City was notified that $500,000 funding was included in the State of Florida budget for the City of Port Orange to proceed with the next phase of the Cambridge Canal stabilization project. The funding is based on the City being ready to begin construction within six months. Therefore, the final design and permitting for this project is on a fast-track, since the permitting stage is anticipated to be lengthy.
The scope of services negotiated with Quentin L. Hampton (QLH) includes design for the remaining two phases of work – hardening the banks from Trailwood Drive to Taylor Road and the installation of a debris rake at the Cambridge pump station. Therefore, the remainder of the project will be “shovel-ready” in the event that the City receives additional state funding in the 2014-15 fiscal year.
The total cost for the design, engineering and contract administration phase is estimated to be $146,845, and funds are included in the FY13 budget to begin the work immediately.
Project No.: DIP053 Funding Account No.: 412-1800-541.63-97
Staff recommends approving Contract Addendum No. 26 with the firm of Quentin L. Hampton Associates (QLH) and authorizing the Mayor and City Clerk to execute the associated contract documents
The City Council previously awarded Bid No. 13-17 and Bid No. 13-18 to RJ Landscape Contractors, Inc. in the amounts of $125,800 and $68,200, respectively, for the Town Center Median Landscape projects. In the process of securing the bonds for these projects, it was discovered that the bid amounts for these two projects were inadvertently reversed in the materials provided for the prior Council approvals. This agenda item is to correct the record that Bid No. 13-17 is awarded in the amount of $68,200 and Bid No. 13-18 is awarded in the amount of $125,800. The City’s original bid tabulations contain the correct bid amounts and there is no impact as to low bidder or the total dollar amount of each bid. This agenda item is to establish an accurate public record with respect to the Council’s action in these two bid awards.
Staff recommends Council correctly award Bid No. 13-17 in the amount of $68,200 and to award Bid No. 13-18 in the amount of $125,800 to RJ Landscape Contractors, Inc., and authorizing the Mayor and City Clerk to sign all required documents.
F. FINANCE (Wayne Saunders)
Discussion item regarding additional homestead exemption authorized under voter approved Amendment 11.
Attached is the Monthly Financial Report. If you have questions, please contact Wayne Saunders or me.
G. COMMUNITY DEVELOPMENT (Wayne Clark)
The proposed Building Permit Fee Resolution amendment will allow the Building Official authority to consider construction contract values when calculating building permit fees for all multi-family buildings and any other commercial projects where the value of any one building, or the cumulative value of all buildings in a unified project, is $3 million or greater.
Since 2000, City building permit fees have been based on a proportion of the estimated construction value of a project as determined by the International Code Council or Southern Building Code Conference International (SBCCI) Building Valuation Data (BVD). The BVD information represents average construction costs per square foot and is updated twice each year to ensure current values based on variations in economic and other factors. Using the BVD as the construction value component of permit fee calculations is common practice in Florida communities.
Under the current Port Orange Fee Resolution, the Building Official does not have authority to consider any other method to determine construction value for calculating building permit fees for new construction. Over the years, the City has not had any major conflict using this approach.
However, in the past year as the economy has improved and more diverse construction projects have been submitted for review, staff believes there may be certain project types where using the BVD may not accurately represent actual construction costs and could result in estimates substantially higher than actual costs leading to high permit fees.
Building permit fees are required to be reasonable to defer the City’s cost of permit processing, plan review, and inspections. The proposed amendment will allow the Building Official to consider contract construction prices for limited new construction projects where the BVD average cost information may not be the best available to ensure reasonable fees. Although this change could reduce future revenues in the Building Special Revenue Fund in an amount difficult to predict, it will allow fees to be reasonable related to the cost of services.
The limitation to multi-family buildings and large commercial projects is based on general research of past permits showing that discrepancies in BVD and contract construction value are more likely with these construction types or scale of buildings. Staff will continue to monitor the fee calculations for appropriateness as the economy continues to improve and new projects are considered.
Staff recommends approval of Resolution #13-30.
This is a request from the property owners Danny and Rhonda Allen, to remove one historic Live Oak tree pursuant to Ch. 9, Art. II, Sec. 16.5 of the Port Orange Land Development Code (LDC). The Allen’s would like approval to remove this tree to install a larger replacement home on the lot.
The tree is in good health, has good leaf color and full branches. The tree has a trunk that measures 140 inches in circumference (45 inch diameter), a height of approximately 50 feet and a spreading canopy of at least 60 feet (photos attached). The canopy of the tree spreads over the rear of the lot and overhangs the properties to the west and south side of the lot. The tree has been pruned over the years so that minimal branches overhang the existing structure. The base of the tree is located 9 feet from the rear property line and the rear corner of the existing structure comes within 8 feet of the base of the tree. The narrow footprint and crawlspace of the current structure allows good root space for the tree.
The existing structure was installed in 1984. A replacement home (single or double) will affect the root zone due to current anchoring requirements for manufactured homes. The tree does not have to be removed to install a replacement home; however a wider replacement home would result in an outside wall within a few feet of the trunk of the tree. Attached Photo 5 shows the rear of the existing structure, the base of the tree and the rear of a newer, wider structure on the adjacent lot. The rear wall of the newer structure is closely in line with the edge of the trunk of the tree. The proposed replacement home is the same size as the one next door (26’ x 58’) which is 14 feet wider and 1 foot longer than the existing structure.
The standards of review for tree removal include considering the extent to which the actual or intended use of the property requires removal, cutting down or destruction of trees as well as the desirability of preserving any tree by reason of its size, age, or some other outstanding quality, such as uniqueness, rarity or status as an historic or specimen tree. The use of the property does not require removal of the tree and the size, age and status as a historic tree warrants preservation of the tree, particularly since it is in good health. Staff recommends denial of the historic tree removal request.
Staff recommends denying the historic tree removal request.
The Waters Edge at Port Orange Homeowners Association, Inc. is requesting permission to install a monument sign in the Waters Edge Boulevard Right-of-Way in a median located on the South side of the intersection of Waters Edge Boulevard and Niloufar Lane. The sign will be used to inform residents of community events. The sign will be 7’-8” tall and 6’-8” long and will be located so as not to block line of sight for drivers as well as pedestrians traversing the intersection. Permits for the sign must be obtained by the HOA.
City departments have reviewed this request and no issues remain for Police, Risk Management, Public Works, Community Development and the City Attorney. The HOA is able to preserve an existing oak tree and has secured the required general liability insurance coverage naming the City as an additional insured. The only outstanding concern is from Public Utilities due to the proximity of the proposed sign to an existing deep gravity sewer main. The median is 24 feet wide and the 10 inch gravity sewer main is located 8 feet from the western edge of the median at a depth of approximately 19 feet. The proposed sign foundation is 36 inches in diameter by 4 feet deep and would be centered in the median leaving a 30 inch horizontal and 15 foot vertical separation from the sewer main. The separation is not the issue, however the sewer main is at such a depth that any break in this area would require a large excavation that would require that the sign and foundation be removed. In an emergency situation the sign would have to be removed quickly and could be damaged beyond repair. An option offered by Public Utilities to minimize the risk of the sewer main breaking in the foreseeable future is to have the HOA hire a contractor to line the sewer main between the two manholes on either side of the proposed sign location (a distance of 124 linear feet). The HOA has been informed of this option and has agreed to eliminate liability and financial responsibility on the part of the City for damage to the sign, but they do not agree to lining the pipe at their expense.
If Council chooses to authorize the sign, the license agreement will be prepared to eliminate liability on the part of the City for damage to the sign and include a provision that the City provide a minimum 24 hour notice to the HOA to remove the sign in non-emergency situations as requested by the HOA. Should the HOA fail to abide by the agreement, the City will be provided with the ability to take the necessary corrective action at the expense of the HOA. In addition to the license agreement the HOA will be requesting a variance from Planning Commission to allow the sign to have an electronic message board.
Staff requests Council discuss the sign location and utility conflict and, if City Council supports the sign in the proposed location, Staff recommends authorizing the City Attorney to prepare the License Agreement for Waters Edge at Port Orange Homeowners Association, Inc. and authorizing the Mayor and City Clerk to execute the document on behalf of the City.
H. PUBLIC SAFETY (Jerry Monahan)
This amendment will clarify the intent of Section 42-59 as prohibiting the use of a vehicle as a place of residence, domicile or living quarters within the city while allowing for innocent conduct such as a weary driver pulling off the road to take a nap.
Staff recommends approving Ordinance No. 2013-8.
I. PUBLIC UTILITIES (Donna Steinebach)
Florida State Statute 166.0451 requires that every three years each municipality shall prepare an inventory list of all real property within its jurisdiction to which the municipality holds fee simple title that is appropriate for use as affordable housing. Review and inventory was last presented to City Council on August 17, 2010. “Affordable” is defined as meaning that monthly rents or monthly mortgage payments including taxes, insurance and utilities do not exceed 30 percent of that amount which represents the percentage of the median adjusted gross annual income for households defined in F.S. 420.0004 as extremely-low-income, low-income, moderate-income or very-low-income persons.
The City’s inventory list of properties was reviewed by the CDBG Program Administrator and the Right of Way Agent and no properties were identified that meet the State criteria for use as affordable housing. The attached resolution complies with State reporting requirements and staff recommends approval.
Staff recommends approving Resolution No. 13-32 adopting an inventory list of municipal property appropriate for use as affordable housing as required by Florida Statute 166.0451.
The Staff Report is included in the agenda packet for review and any necessary discussion.
J. CITY ATTORNEY (Margaret Roberts)
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)
This has been placed on the agenda so that the City Manager can bring items to the City Council attention and to provide information about ongoing city activities.
L. COUNCIL COMMENTS
At this time council members may discuss various matters or concerns.
At this time, Council Members may report on various committees to which they have been assigned.