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

                        September 17, 2013

 

Date:               September 11, 2013

 

 

  1. OPENING

 

Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call

 

B.   PUBLIC HEARING

 

Item 4 -           Discussion of Proposed Millage Rate FY 13/14

 

At this time, Council will discuss the final millage rate and the proposed operating budget for FY13/14.

 

Item 5 -           Resolution No. 13-51 – Adopting the Final Millage Rate for FY13/14

 

The attached Resolution will establish the final Millage rates FY13-14.

 

Staff recommends approval of Resolution No. 13–51.

 

Item 6 -           Resolution No. 13-52 – Adopting the Final Operating Budget for FY13/14

 

The attached Resolution will establish the final operating budget for FY13-14.

 

Staff recommends approval of Resolution No. 13-52.

 

Item 7 -           Resolution No. 13-53 – Adopting the Final Capital Budget for FY13/14

 

The attached resolution will approve the final Capital Budget for FY 2013/2014.

 

Staff recommends approving Resolution No. 13-53.

 

Item 8 -           Resolution No. 13-54 – Adopting the Final Millage Rate for FY13/14 for Town Center CRA Tax Increment District

 

The attached Resolution will establish the final Millage rate for the Town Center Tax Increment Districts for FY13-14.

 

Staff recommends approval of Resolution No. 13-54.

 

Item 9 - Resolution No. 13-55 – Adopting the Final Operating Budget for FY13/14 for Town Center CRA Tax Increment District

 

The attached Resolution will establish the final operating budget for the Town Center Tax Increment Districts for FY13-14.

 

Staff recommends approval of Resolution No. 13-55.

 

Item 10 - Resolution No. 13-56 – Adopting the Final Millage Rate for FY13/14 for Eastport CRA Tax Increment District

 

The attached Resolution will establish the final Millage rate for the Eastport Tax Increment Districts for FY13-14.

 

Staff recommends approval of Resolution No. 13-56.

 

Item 11 -        Resolution No. 13-57 – Adopting the Final Operating Budget for FY13/14 for Eastport CRA Tax Increment District

 

The attached Resolution will establish the final operating budget for the Eastport Tax Increment Districts for FY13-14.

 

Staff recommends approval of Resolution No. 13-57.

 

C.   BOARD APPOINTMENTS, INTERVIEWS, & REPORTS

 

Item 12 -        Citizen Advisory Committee for TPO

Bobby Ball will provide an update to the City Council related to the Citizen Advisory Committee for the TPO activities.

 

Item 13 -        Audit & Budget Advisory Board Report

 

Chairman Ted Noftall and other members will be in attendance to provide details of the Board’s recent meeting and answer any questions Council may have.

 

Item 14 -        Library Board Appointment

 

There is currently one opening on the Library Advisory Board. Shirley Shook has volunteered to serve another term on the Board. The term is for three years and will expire in 2016. There have been no other applications received to date.

 

Item 15 -        Police Pension Board Appointments

 

According to City Ordinance 1993-43 approved on September 28, 1993, two year terms were established for the Board of Trustees commencing on September 29, 1993 and thereby expiring on September 29, 1995; and every odd year thereafter.

Councilman Kennedy’s term on the Police Pension Board is expiring on September 29, 2013. The new term is for two years and expires on September 29, 2015.

Staff recommends re-appointing Councilman Dennis Kennedy to the Police Pension Board.

Item 16 -        Reconsideration of Planning Commission Appointment

 

Council asked that the appointment of Richard (Dick) Smith to the Planning Commission on August 27, 2013 be reconsidered.

 

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

 

E.   CONSENT AGENDA

 

Item 17 -        Approval of Minutes

a.    August 6, 2013 – Regular City Council Meeting

b.    August 13, 2013 – Special 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 18 -        Staff Reports - Building Activity Report and Monthly Development Activity Report for August, 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.

Item 19 -        Bid Award for Annual Supply of Chemicals for Water and Wastewater

 

The City of Port Orange was part of a cooperative bid solicitation headed by the City of Palm Coast for the purchase of bulk chemicals.  The bid tabulations are attached.  The most responsible, responsive bidders have been determined based on price and the ability to meet all specifications as stipulated in the bid.  The list of selected vendors and their bid prices are as follows:

 

Chemical                                           Vendor                                   Unit Price      Annual Cost

Ammonium Sulfate                         The Dumont Company       $1.60/gal        $64,000

Anionic Polymer                              Polydyne, Inc.                       $432/drum     $14,256

Calcium Bulk Quicklime                 Carmeuse Lime &                $190.80/ton   $419,760

                                                            Stone, INC.

Hydroflousilicic Acid (Fluoride)     Harcross Chemicals                        $498/ton        $17,928

Liquid Carbon Dioxide                    Airgas Carbonic Inc.            $215/ton        $32,250

Liquid Sodium Bisulfite                  Allied Universal Corp.         $1.44/gal        $21,600

Liquid Sodium Hypochlorite          Allied Universal Corp.         $0.474/gal     $255,059

Methanol (Methyl Alcohol)             Thatcher Chemical of Fl     $2.35/gal        $214,438

Polyaluminum Chloride Blend      CedarChem, LLC                 $0.19/lb        $97,656.96

 

Funding Account No.: 401-0200-533.52-19 & 401-0400-535.52-19 (FY 2014)

 

Staff recommends approving the FY 2014 Chemical Bid Award as presented, contingent upon approval of the FY 2014 budget, and authorizing the Mayor and City Clerk to sign all required contract documents for this purpose.

 

Item 20 -        Piggyback Agreement with Stewart’s Electric Motor Works for Electric Motor and Pump Repair

 

The City is currently utilizing the services of Stewart’s Electric Motor Works, Inc. for repairs of various electric motors and pumps at the Water and Reclaimed Water Treatment Plants, as well as remote pumping facilities and lift stations.  This work is undertaken through a contract resulting from a competitively awarded bid by the City of Orlando (#BI09-2539-2).  The City of Orlando’s contract was recently renewed for a one-year term effective through July 28, 2014 at the same prices, terms and conditions.

 

Stewart’s has agreed to perform the same services for the City of Port Orange and will honor all prices, terms and conditions of their contract with the City of Orlando. The Public Utilities Department recommends approval of the attached Piggyback Agreement.  The Department requests approval of a total of $75,000 in expenditures for FY 2014; $50,000 related to capital projects, and $25,000 for repairs at the plants and in the field.  The Department’s request is contingent upon FY 2014 budget approval.

 

Project No. :  SSP002          Funding Account No.:  403-0400-535.63-97                 

Project No. :  N/A                  Funding Account No.:  401-0600-536.46-10                 

 

Staff recommends approving the Piggyback Agreement with Stewart’s Electric Motor Works, Inc. in an amount not to exceed $75,000, and authorizing the Mayor and City Clerk to execute all documents required for this purpose.

 

Item 21 -        Approval of Wraparound Agreement and Approval of Participating Addendum for Strategic Agreement with HD Supply Waterworks, LTD

 

The Public Utilities Department recommends entering into an agreement with HD Supply in the amount of $250,000 to purchase material required to operate a Public Utilities system. Typical purchases are for parts used in the repair of water mains, manholes, sewer mains, reclaim water mains and meter installation, including brass fittings. The recommended agreement is a wraparound agreement to the contract between the City of Punta Gorda and HD Supply Waterworks, LTD under Solicitation Document #N06177. This agreement has been renewed by the City of Punta Gorda for a 5 year period March 21, 2012 - March 20, 2017, but must be reviewed annually by the City of Punta Gorda for continuation. While the City's total annual budget for utility supplies is greater than $250,000, there are other vendors that are utilized for other parts under separate contracts. Working through the Warehouse, Public Utilities is able to ensure the best price on all the required supplies. Funds are contingent on FY 2014 Budget Approval. 

                      

Funding Account No.:403-0500-536-5531

 

Staff recommends approving a wraparound agreement and to approve a Participating Addendum for Strategic Agreement with HD Supply Waterworks, LTD., in an amount not to exceed $250,000, contingent upon approval of the FY 2014 budget, and authorizing the Mayor and City Clerk to execute all documents for this purpose.      

 

Item 22 -        Addendum No. 2 to contract with Sparks Concrete, LLC

 

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.  Council has previously approved expenditures of $143,000.00 for FY 2013, $35,000.00 of which is allocated for Public Utilities.  Recent water main breaks and water service leaks have occurred under driveways and sidewalks which require repair.  Public Utilities requests an increase of $10,000.00 for FY 2013 to provide for these repairs, bringing the total FY 2013 allocation for this contract to $153,000.00, of which $45,000.00 is allocated to Public Utilities.  Funds are available in the following accounts:

 

Project No.: N/A                   Funding Account No.:        40108005365300 - $10,000.00

 

Staff recommends approving Addendum No. 2 to the City’s existing contract with Sparks Concrete, LLC, authorizing $10,000.00 in additional work for Public Utilities in accordance with existing contract conditions, to waive the payment and performance bond requirement for Addendum No. 2, and authorizing the Mayor and City Clerk to sign all required contract documents.

 

Item 23 -        Change Order No. 1 to the Agreement for Utility Supplies with Ferguson Enterprises, Inc. d/b/a Ferguson Waterworks

 

On October 2, 2012, the City entered into an Agreement for Utility Supplies with Ferguson Enterprises, Inc. doing business as Ferguson Waterworks for the purchase of utility supplies under the same terms and conditions as set forth in its contract with the City of Deltona, Florida.  The Deltona contract has a current expiration date of November 14, 2013; however, the City’s Agreement expires on September 30, 2013.  Public Utilities requests approval of Change Order No. 1, to extend the term of the City’s Agreement with Ferguson Enterprises, Inc. d/b/a Ferguson Waterworks to November 14, 2013 to be consistent with the Deltona Agreement.

 

Funding Account No.:        401 0000 141 5000

 

Staff recommends approving Change Order No. 1 to extend the expiration date of the Agreement for Utility Supplies with Ferguson Enterprises, Inc. d/b/a Ferguson Waterworks to November 14, 2013 and authorizing the Mayor and City Clerk to execute all documents required for this purpose.

 

Item 24 -        Approve Bid Award with Daktronics for scoreboard replacement at City Center Sports Complex

 

Two submittals were received for Bid # 13-13 Scoreboard Replacement at City Center Sports Complex.

 

On 8/21/13 two bids were received from Daktronics and SSE.

 

The apparent low bidder was Daktronics with a total bid cost of $55,960.00

 

We are asking City Council to approve Daktronics to supply and install five new scoreboards on fields one- five at City Center Sports Complex and allow the Mayor and City Clerk to execute the EJCDC contract subject to the City Attorney’s receipt and approval of the original contract and bond documents.

 

The total amount of the project cost for Daktronics is $55,960.00

 

Project No.: QPC 045                                  Funding Account No.:  315 5100 572 6400/

     001 4400 572 6400/

     001 5200 579 6400

 

Staff recommends approving the bid Award with Daktronics the apparent low bidder for five new scoreboards at the City Center Sports Complex and authorizing the Mayor and City Clerk to execute a contract between the City of Port Orange and Daktronics, subject to the City Attorney’s receipt and approval of the original contract and bond documents.

 

Item 25 -        Sole Source Purchase of Neptune Water Meters from Sunstate Meter & Supply, Inc.

 

Public Utilities staff has installed over 3,000 Neptune brand meters since first undertaking a successful test program in 2009.  The majority of the City’s Neptune meters were installed over the course of the past two years, and have proven to be exceptionally reliable.   Neptune meters meet all of the City’s specifications, including lead free brass construction, reading accuracy and comparable pricing (see attached).   Neptune meters are made in America. 

 

Authorization is requested to continue to purchase Neptune water meters to standardize the metering operation of the City’s Utility System.   Sunstate Meter & Supply, Inc. is the sole source supplier of Neptune meters within the State of Florida.

 

This purchase request is contingent on approval of FY14 budget.

 

Funding Account No.: 401-0100-141.50-00

 

Staff recommends waiving normal bidding procedures and approve the sole source purchase of up to $500,000.00 of Neptune water meters from Sunstate Meter & Supply, Inc. during FY 2014, and authorizing the Mayor and City Clerk to sign all required contract documents. 

 

Item 26 -        Approval of expenditures for the Rental of busses and school sites for summer playgrounds

 

The Parks and Recreation Department utilizes school buses to transport children on trips and to camp T rec for the summer program.  The program also requires us to rent space at a discounted rate at Silver Sands Middle school.  The total for these services for the 2013 camp program is $27,981 and Volusia County Schools is a sole source for these services. Funding is available for these expenditures.

 

Funding Account No.: 001-5106- 572-4410

 

Staff recommends approving the sole source expenditure of $27,981 for bus usage for Camp T- Rec, summer playgrounds and school rental for one summer playground site.  This vendor is a sole source for these programs. 

 

Item 27 -        Electrical Services Contract Addendum No. 6 between the City of Port Orange and Economy Electric Company

 

Public Works utilizes Economy Electric Company to provide an array of electrical repairs to City of Port Orange facilities. Currently the city of Port Orange has exceeded the approved contract amount and requests approval of Addendum No. 6, not to exceed $10,000.00. The new revised contract amount will be $120,830.00.

 

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

 

Staff recommends approving Addendum No. 6 to the existing contract between the City of Port Orange and Economy Electric Company, authorizing an increase not to exceed $10,000.00, for a revised contract amount of $120,830.00, and authorizing the Mayor and City Clerk to execute contract documents.

 

Item 28 -        Award of Bid #13-22 – CDBG Area Safe Routes to School Sidewalks

 

Four bids were opened and evaluated by the City on August 7th, 2013 and deemed responsive. Of the four bids, Sparks Concrete LLC submitted the lowest bid of $311,515.50.  The other three bidders were A.G. Pifer Construction Co., Inc. ($395,006.58), Tomoka Construction Services, Inc. ($400,457.00) and Masci Corporation ($567,236.50).  Based upon evaluation of the bids, it is recommended that the contract be awarded to Sparks Concrete LLC in the amount of $311,515.50.  The project is slated for CDBG funding. The 301 account (Restricted Gas Tax Contingency) is being used to bridge the funding gap until additional CDBG funds are released.  This will allow the bid award to take place and the project to proceed without delay.

 

Project No.: CDBG02          Funding Account Nos.: 110-1904-554-63-97 ($196,228) & 301-4300-541-63-97 ($115,288)

 

Staff recommends awarding Bid No. 13-22 CDBG Area Safe Routes to School Sidewalks to Sparks Concrete, LLC in the amount of $311,515.50 and authorize the Mayor and City Clerk to sign and execute all contract documents.

 

Item 29 -        Sole Source Authorization of Landfill Services by the County of Volusia

 

Prior to 2011, the City’s Solid Waste contract included the associated cost of disposal.  However, the new contract, initially awarded to Waste Pro in FY12, excludes this cost.  Furthermore, the contract specifically directs the vendor to dispose of all materials at the Landfill operated by the County of Volusia.  As a result, the City now directly pays for the tipping fees.

 

Although there are other landfills in operation locally, Volusia County (Tomoka Landfill) is the only FDEP permitted landfill, authorized to receive solid waste generated in Volusia County (Ref: Florida Department of Environmental Protection (FDEP) Chapter 62-701, Solid Waste Management Facilities.

Based upon the initial budget, we are requesting authorization to encumber $1,354,141.00 for FY14. 

           

Project No.: None      Funding Account No.: 410-6100-534-3411= $1,354,141.00

 

Staff recommends approving the waiver of formal bidding procedures and authorizing the County of Volusia as the Sole Source provider of landfill disposal services for waste collected under the provisions of the City Solid Waste Contract with Waste Pro, and authorizing the Mayor & City Clerk to execute contract documents, as necessary, subject to approval of the FY14 operating budget.

 

F.    COMMUNITY DEVELOPMENT (Wayne Clark)

 

Item 30 -        Second Reading – Ordinance No. 2013-16 – Code of Ordinances Amendment/Special Events, Case No. 13-25000004

 

The proposed amendments to the Special Events regulations are intended to encourage more local events, which can boost the local economy and help revitalize older commercial areas, while maintaining an effective review process. Some business owners and citizens indicated that the current special event temporary merchant fees are a deterrent for small-scale weekend events, and the unclear definitions of “major” and “minor” events create confusion.

 

The proposed amendments to Chapter 58, Article III, of the Code of Ordinances relating to the special events process create more clearly defined special event categories, eliminate the temporary merchant (vendor) fees except for special events held in conjunction with regional events (bike weeks, race weeks, etc.), and establish a reduced permit fee for repeat events in good standing with the City (i.e. no violations or issues with previous event).

PLANNING COMMISSION ACTION: Recommend approval - July 25, 2013

 

Staff recommends adoption of Ordinance No. 2013-16, amending Chapter 58, Article III, of the Code of Ordinances relating to the special events process, as recommended by the Planning Commission.

 

Item 31 -        Resolution No. 13-58 – Special Events Amendment Fee Resolution, case no. 13-25000004

 

The proposed fee resolution amendment  removes the temporary merchant (vendor) fees except for special events held in conjunction with regional events (bike weeks, race weeks, etc.), and establishes a reduced permit fee for repeat events in good standing with the City (i.e. no violations or issues with previous event).

 

The proposed fee resolution implements Ordinance 2013-16, which amends the Special Events regulations in the Code of Ordinances to encourage more local events.

 

Staff recommends approving Resolution No. 13-58, implementing Ordinance 2013-16 and establishing fees related to special events.

 

Item 32 -        First Reading – Ordinance No. 2013-17 – Rezoning/Volusia County Rural Agriculture (A-2) to City of Port Orange Agriculture (A), Case no. 13-60000001

 

At its August 22, 2013 meeting, the Planning Commission recommended approval, 7-0, of the request to rezone +/- 25.6 acres, located at 2165, 2173, and 2183 Tomoka Farms Road Volusia County Rural Agriculture (A-2) to City of Port Orange Agriculture (A).

 

The subject property was recently annexed into the City of Port Orange from Volusia County. The Future Land Use designation for the property has already been changed from Volusia County Rural to City of Port Orange Rural Transition.  The final step in the process is to change the zoning designation to an equivalent City zoning designation.  The City of Port Orange Agriculture (A) zoning designation was selected because it is equivalent to the residential density limit in the Volusia County Rural Agriculture (A-2) zoning designation.

 

Staff recommends adopting Ordinance No. 2013-17, rezoning +/- 25.6 acres located at 2165, 2173, and 2183 Tomoka Farms Road from Volusia County Rural Agriculture (A-2) to City of Port Orange Agriculture (A), as recommended by the Planning Commission.

 

Item 33 -        Resolution No. 13-59 – Proposed Tree Conservation Easement Vacation – Lots 19 and 20, Ashton Lakes Phase III at Cypress Head, case no. 13-35000005

 

Staff has received a request to vacate a 24.00-foot diameter Tree Conservation Easement that exists over a portion of Lot 19 and Lot 20 of the Ashton Lakes Phase – III at Cypress Head subdivision. A 24-inch diameter Live Oak tree that existed in the center of the easement, located on Lot 19, was damaged by lightning and removed. The property owner of Lot 19 submitted the easement vacation application in connection with a proposed pool, deck, and screen pool enclosure to be constructed in the easement area. A portion of the easement area extends on to Lot 20.

 

The easement vacation application and legal description have been reviewed for completeness and accuracy. The owners of Lot 20 have signed the application authorizing the owner of Lot 19 to act on their behalf. The minimum number of trees required per Ch. 13, Sec. 5.5, which is four trees, remain on Lot 19. Pursuant to Ch. 9, Art. II, Sec. 16b existing residential properties with tree conservation easements are not required to mitigate for the loss of protected trees that have died or have been destroyed by lightning (defined as an Act of God in Ch.9, Art. II, Sec. 9.5). The easement may be vacated as described in Exhibit “A” to the extent that the damaged tree no longer exists.

 

Staff recommends approving Resolution #13-59, vacating a 24.00-foot diameter Tree Conservation Easement located on Lot 19 and on Lot 20 of the Ashton Lakes Phase – III at Cypress Head subdivision, per the attached legal description Exhibit “A”.

 

Item 34 -        Reconsideration - First Reading – Ordinance No. 2013-15 - Ordinance Approving the 1st Amendment to the Master Development Agreement (MDA) and Conceptual Development Plan (CDP) for the Bermuda Village Planned Unit Development (PUD), Case no. 13-40000001

 

At its July 25, 2013 meeting, the Planning Commission recommended approval (6-0) of the proposed 1st amendment to the MDA and CDP for the Bermuda Village PUD. The subject property is located at the northwest corner of Katherine Street and Palmetto Street (location map provided in the attached staff report).

 

The proposed 1st amendment provides the regulatory framework to create a 4-lot single-family infill development along with the dimensional requirements for the lots, permitted uses, and renames the PUD from Bermuda Village to Riverbank Properties.

 

The development proposal is to reconfigure four existing lots of record into four lots that front onto Katherine Street. The proposed new lots will be accessed from Katherine Street and developed with single-family homes, along with associated subdivision improvements as required by the Land Development Code (LDC).

 

Staff recommends adopting Ordinance No. 2013 – 15, approving the 1st Amendment to the Master Development Agreement (MDA) and Conceptual Development Plan (CDP) for the Bermuda Village PUD, as recommended by the Planning Commission.

 

G.   PUBLIC SAFETY (Jerry Monahan)

 

Item 35 -        Resolution No. 13-60 - Victims of Crime Act (VOCA) Grant

 

Earlier this year, the Police Department applied for funding under the Victims of Crime Act (VOCA) Grant program.  The department has been awarded $49,786.00 for the 2013/2014 funding cycle to assist victims of crime.  The grant program requires a City match which is $12,447.00.

 

Staff recommends approving Resolution No. 13-60, accepting grant funds from the State of Florida in the amount of $49,786.00 for the Victim of Crime Act (VOCA) Grant program.

 

Item 36 -        Resolution No. 13-61 - United States Fire Administration Staffing Assistance to Fire and Emergency Response (SAFER)

 

The City has the opportunity to secure a grant for three (3) firefighter positions from the U. S. Fire Administration pursuant to the Staffing Assistance to Fire and Emergency Response (SAFER) grant program.  Application for the program was due September 1, 2013.  On August 27, 2013, City Council reviewed and authorized the submittal of the application with the understanding that a Resolution ratifying the submittal would subsequently be formally adopted.  Staff recommends approval of the Resolution.

Staff recommends approving Resolution No. 13-61 ratifying staff submittal of a SAFER Grant application to the U.S. Fire Administration for three (3) fire fighter positions.

H.   CITY ATTORNEY (Margaret Roberts)

 

Item 37 -        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.

 

I.      ADMINISTRATION (Greg Kisela)

 

Item 38 -        Update regarding Tuff Turf letter

 

Staff will provide Council with a report regarding the letter received from Tuff Turf relating to the mowing contract.

 

Item 39 -        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.

 

J.    COUNCIL COMMENTS

 

Item 40 -        Comments/Concerns from Council Members

 

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

 

GAK/rlf