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

                        July 16, 2013

 

Date:               July 11, 2013

 

 

  1. OPENING

 

Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call

 

B.   BOARD APPOINTMENTS, INTERVIEWS, & REPORTS

 

Item 4 -           Planning Commission Re-Appointment – Sonya Laney

Sonya Laney’s term is expiring in September, 2013. She has agreed to continue serving on the Planning Commission. The new term is for two years and will expire on September 21, 2015. There have been no other applications received to date.

Staff recommends re-appointing Sonya Laney to the Planning Commission.

C.   SPECIAL REPORTS, AWARDS, RECOGNITION, AND PROCLAMATIONS

 

Item 5 -           Police Recognition Awards

 

The police department will present two Awards of Merit to selected employees.

 

Item 6 -           Payroll Audit Report

 

The auditors will be present to present the payroll audit report.

 

D.   CITIZEN PARTICIPATION (Agenda)

 

Item 7 -           Spruce Creek High School Girls Basketball Team – Coach Kelvin Hamm

 

Coach Kelvin Hamm will be present to discuss fundraising efforts and the use of Buschman Park.

 

Item 8 -           Sweetwater Coalition/Derek LaMontagne - S. Williamson Blvd construction project 

 

Derek LaMontagne will be present to discuss issues with the S. Williamson Blvd. construction project. Background materials have been provided in the agenda packets.

 

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

 

F.    CONSENT AGENDA

 

Item 9 -           Staff Reports - Building Activity Report and Monthly Development Activity Report for June, 2013

 

The attached Staff Reports include the Development Activity Report and the Building Activity Report. These reports provide information on proposed development, projects under construction, commercial code enforcement activity and monthly building permits and inspection updates.

Staff recommends accepting the Staff Reports.

 

Item 10 -        Update on Construction Projects

 

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

 

Item 11 -        Parks & Recreation Project Updates

 

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

 

Item 12 -        Change Order No. 4 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 & 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. Staff recommends Change Order #4, in the amount of $39,800, to the original agreement of $136,675 for the repair and replacement of equipment at the Williamson Reclaim Tank.

 

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

 

Staff recommends approving Change Order #4 to the existing contract with RJH Technical Services Inc. in the amount of $39,800 for repair and replacement on Variable Frequency Drives (VFD’s) and high service pump controls and authorizing the Mayor and City Clerk to sign all required documents on behalf of the City.    

 

Item 13 -        Public Utilities would like to enter in to a Standard Contract of Services with RJH Technical Services, Inc.

 

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 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.

 

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

 

Staff recommends approving a Standard Contract of Services with RJH Technical Services, Inc. in the amount of $25,000 for emergency repairs to the high service pump controls, and authorizing the Mayor and City Clerk to sign all required documents on behalf of the City.     

 

Item 14 -        Police Vehicle Equipment

 

The Police Department is requesting authorization for labor, equipment and supplies as stated on the listed quote from Communications International to remove, re-install and connect the police radios, radars and related emergency equipment for 19 replacement police department vehicles (10 patrol vehicles, 8 unmarked vehicles and 1 animal control truck). This quote includes labor costs to remove, re-install and connect said communications equipment into the above replacement vehicles. The sole source quote from Communications International is $33,955.90 for all 19 replacement vehicles. A copy of the quotation from Communications International is attached.

 

Funding Source:

Account #505-1000-580-6406 Machines and Equipment / Communications Equipment

 

Staff recommends approving the sole source justification for labor, necessary equipment and supplies regarding the removal and re-installation of emergency vehicle communications equipment (radios, radar, antennas, emergency light and siren equipment, etc) from Communications International on 19 replacement police vehicles.

 

Item 15 -        Subornation of SHIP Down Payment Assistance Second Mortgage – 310 Poinciana Avenue

 

On April 25, 2008, the City of Port Orange executed a second mortgage and note in the amount of $59,000.00 with Denise G. Dietz, n/k/a Denise G. Crosby to assist in the purchase of a home located at 310 Poinciana Avenue.

 

The City of Port Orange’s Down payment Assistance is a deferred loan and encumbers the homeowner’s property as a second mortgage.  Bank of America issued the first mortgage in April 2008.

 

Denise G. Dietz, n/k/a Denise G. Crosby has requested that the City subordinate its second mortgage in favor of a new first mortgage provided by Bank of America.  This proposed new mortgage lowers the current interest rate on his first mortgage from 5.375% to 3.875%.  This decrease in interest rate provides a monthly savings in the amount of the mortgage payment.  The mortgage commitment will expire August 12, 2013.

 

Staff has evaluated the information provided by Bank of America and has determined that the homeowner is not including payment of any consumer debt in this proposed new mortgage and they will not receive any cash upon the closing of the loan.

 

Item 16 -        Subornation of SHIP Down Payment Assistance Second Mortgage – 5311 Cordgrass Bend Lane

 

On January 18, 2008, the City of Port Orange executed a second mortgage and note in the amount of $49,800.00 with Frederic C. Urquhart, III to assist in the purchase of a home located at 5311 Cordgrass Bend Lane.

 

The City of Port Orange’s Down payment Assistance is a deferred loan and encumbers the homeowner’s property as a second mortgage.  Bank of America issued the first mortgage in January 2008.

 

Frederic C. Urquhart, III has requested that the City subordinate its second mortgage in favor of a new first mortgage provided by Bank of America.  This proposed new mortgage lowers the current interest rate on his first mortgage from 5.375% to 3.875%.  This decrease in interest rate provides a monthly savings in the amount of the mortgage payment.  The mortgage commitment will expire August 12, 2013.

 

Staff has evaluated the information provided by Bank of America and has determined that the homeowner is not including payment of any consumer debt in this proposed new mortgage and they will not receive any cash upon the closing of the loan.

 

Staff recommends authorizing the Mayor and City Manager to execute subornation for a SHIP second mortgage loan in the amount of $110,900 to a new first mortgage for the purpose of reducing the monthly principal and interest payments on the home located at 5311 Cordgrass Bend Lane, Port Orange, FL. (Applicant: Frederic C. Urquhart, III).

 

Item 17 -        Attorney Services for Forfeiture Proceedings – David Fuller, Esquire

 

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 David Fuller, Esquire to represent the City in civil forfeiture cases as requested by Gerald Monahan, Director of Public Safety.

Item 18 -        New Positions Request in Customer Service

 

Customer Service currently utilizes four temporary full time positions to meet the daily workload.  This request is for the approval of two full time and two part time permanent positions.  If approved the four temporary positions will be eliminated.  It is critical for Customer Service representatives to be well trained.  We have experienced constant turnover with the temporary positions which creates training and efficiency issues.  This change will provide for a stable and better trained staff with greater efficiency is this critical area.  The change will result in a cost saving to the City.

 

Staff recommends approval of new positions in Customer Service.

 

Item 19 -        Authorizing Court Action against the owner of 309 Lafayette Street

 

Code Enforcement has identified a public health and safety concern at 309 Lafayette Street in the form of an insect infestation. The home located at the above referenced address has become a haven for bees. The City Attorney’s Office is requesting City Council’s authority to pursue court action seeking mitigation of the existing code violation.

 

The City would be seeking a court order requiring the owner of the property to remove the bee hives immediately, or in the alternative, to allow the City to enter onto the property and remove the bee hives at the owner’s expense.

 

Staff recommends authorizing the City Attorney’s Office to pursue court action against the owner of 309 Lafayette Street in order to remedy an existing code violation

 

G.   FINANCE (Wayne Saunders)

 

Item 20 -        Resolution No. 13-33 – Budget Appropriations

 

Project XSG011, Water Conservation Cost-Share Agreement with St. Johns River Water Management District, and project QPC021, CDBG Disaster Recovery Initiative Grant #06DB-3C-06-74-02-W28 for Seawall and Shoreline Restoration, have been completed and this budget resolution reduces the revenue and expense budgets accordingly to close them out in the system.  This resolution also budgets revenue and expense to account for additional donations for the Centennial Celebrations, for a CDBG budget award reconciliation, for ECHO Grant #09-04 for Coraci Park Phase II and to fully fund the Spruce Creek Park Baseball Field upgrade project.

 

Staff recommends approving Resolution No. 13-33.

 

Item 21 -        RFP #13-26 Water, Wastewater, and Reclaimed Water Rate Study

 

Requesting City Council authorization to advertise RFP #13-26 Water, Wastewater and Reclaimed Water Rate Study.  The purpose of the RFP is to solicit proposals from qualified firms to perform a comprehensive rate study for the City’s water, wastewater and reclaimed water utilities and make recommendations for revisions to the rate structure.  The recent forensic and external audits commented on the complexity of the existing rate structure.  The proposed study would analyze the existing rate structures and make recommendations for revised rate tables that would be less complex and continue to provide adequate revenues for the operation of the utilities.

 

Funding Account No.: 401-0100-536-3113

Staff recommends authorizing RFP #13-26 for a Water, Wastewater and Reclaimed Water Rate Study.

 

H.   PARKS & RECREATION (Susan Lovallo)

 

Item 22 -        Resolution No. 13-35 - Camp T Rec Interlocal Agreement with Ormond Beach

 

In June of 2011 the City of Port Orange executed consent of extension of our existing 2006 agreement with the cities of Ormond Beach and Daytona Beach.  Daytona Beach never signed the agreement therefore that agreement must be formally terminated and a new agreement must be entered in to. This agreement is for the joint use of facilities and shared programmed costs for recreational programs for children with special needs. The agreement is for five years not to exceed $18,000 per year. This program is funded in the summer playground budget.

 

Funding Account No.:        001-5106-572-3113

 

Staff recommends approving Resolution No. 13-35 and the interlocal agreement with Ormond Beach to provide a summer camp program jointly for children with disabilities.          

 

I.      CITY ATTORNEY (Margaret Roberts)

 

Item 23 -        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 (Greg Kisela)

 

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.

 

K.   COUNCIL COMMENTS

 

Item 25 -        Comments/Concerns from Council Members

 

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

 

GAK/rlf