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 24, 2013

 

Date:               September 19, 2013

 

 

  1. OPENING

 

Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call

 

B.   SPECIAL REPORTS, AWARDS, PROCLAMATIONS

 

Item 4 -           Gwen Keough-Johns, MMC – Certified Municipal Clerk presentation

 

Gwen Keough-Johns, MMC will be present to present City Clerk Robin Fenwick with the Certified Municipal Clerk’s designation pin and certificate.

 

Item 5 -           PogTV 2013 Film Festival Winners

 

Filmmakers from five local high schools submitted 15 short films for the 6th Annual pogTV Film Festival.  Based on the judging, two films garnered the festival’s top awards.

The festival is proud to recognize the winners, and Waste Pro USA, Inc. for their community spirit and serving as this year’s pogTV Film Festival grant sponsor.

 

First place went to the film “Hued” by Spruce Creek High School filmmakers Zachary Parker, Maxwell Droznin, Chris Veilleux, Eli Lavarias, Donald Hughes, and David Garey.  Their stop action film highlighted how kindness can add color to your life.  The first place winners receive $150.00 cash prize and the first place award.  “Hued” was also selected as the Overall pogTV Film Festival Winner via an online vote.  Competing against the second place film, “Hued” garnered 131 votes while the second place film collected 64 votes.  The filmmakers of “Hued” will receive an additional $50.00 cash prize.

 

Second Place went to Remy Valdez from Deltona High School.  Mr. Valdez’s film was an Alfred Hitchcock drama of a creature from the woods of Florida.  The filmmaker will receive a $50.00 cash prize and the second place award.

 

Project No.:    N/A                             Funding Account No.:       001-7000-519-8300            

 

Item 6 -           Local Business Spotlight

 

The Port Orange/South Daytona Chamber of Commerce will spotlight a local business.

 

Item 7 -           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.

 

Item 8 -           Police Actuarial Report – Chad Little

 

Chad Little will be present to present the Actuarial Report for the Police Pension Board.

 

C.   BOARD APPOINTMENTS AND INTERVIEWS

 

Item 9 -           Library Advisory Board Appointment

 

There is currently one opening on the Library Advisory Board. Roz Crotty 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 10 -        Police Pension Board Appointment

 

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.

 

There is one opening on the Police Pension Board to be filled. There have been two applications received: Ivan Cosimi and Todd Traster. Both applications are attached for your consideration.

 

The new term is for two years and expires on September 29, 2015.

 

D.   CITIZEN PARTICIPATION (Agenda)

 

Item 11 -        Discussion regarding banners at schools

 

Councilman Kennedy asked that the banners placed on school fences be addressed. Representatives from local schools will be in attendance to discuss their concerns. Staff has provided information regarding the City’s Land Development Code.

 

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

 

F.    CONSENT AGENDA

 

Item 12 -        Approval of Minutes

a.    August 20, 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 13 -        Project Manager’s Report

 

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

 

Item 14 -        Sole Source Purchase of LOGIC Software System

 

The City has committed to a long term program of meter replacements and transceiver unit upgrades so that one day all meters will be operational with the FlexNet technology.  In February of this year, the Council authorized sole source acquisition of approximately 1,300 Sensus FlexNet transmitters at a cost of $160,000.  The LOGIC Software System is required to operate the FlexNet system.  This is the justification for sole source purchase of the LOGIC software system from Sensus.  Funds are budgeted and available for this purchase.  Additional information is provided in the memorandum accompanying this agenda form. 

 

Project No.:   ZMI044            Funding Account No.:  421-0500-536.55-31

 

Staff recommends waiving normal bidding procedures and approving the sole source purchase of the LOGIC Software System and one year annual support from Sensus USA, Inc., and Sensus Spectrum, LLC, in an amount not to exceed $82,000, and authorizing the Mayor and City Clerk to execute all documents required for this purchase.

 

Item 15 -        Amended & Restated Agreement with Miller Pipeline, LLC and Task Authorization No. 1 for sewer system rehabilitation services

 

On January 31, 2012 the City entered into a Standard Contract for Services with Miller Pipeline, LLC for sanitary sewer system rehabilitation services under the same terms and conditions as set forth in its contract with Charlotte County, Florida.  By letter dated August 14, 2013, Miller Pipeline indicated its willingness to continue to honor the terms of its contract with Charlotte County for sanitary sewer rehabilitation services provide to the City.  The City Attorney recommends the contract be amended and restated to clarity its terms and provide for current statutory requirements.  The Public Utilities Department continues to identify additional sewer pipes requiring lining within various areas of the City.  Recent areas of investigation have identified additional clay pipe systems within Cambridge Villas, Area #23, and Isabelle, Area #2 and Anchor Drive #112.  These sewer collection systems are some of the oldest in the City, being constructed of 8” clay pipe approximately 30+ years ago.  The majority of the clay pipes in these two areas are severely fatigued, cracked, and in need of relining to avoid future collapses/failures of the pipes.  This will help to avoid the future need for costly sewer collection system dig-ups, pipe removal, and costly restoration efforts.  Public Utilities requests approval of Task Authorization No. 1 for $425,000.00.  This Task Authorization will increase the amount of the contract to $745,990.00. This request is contingent on FY14 budget approval and $225,000 in FY 13 carry forward funds being made available for this project as indicated below.   

  

Project No.: URH001                   

 

FY 2014 Account No.: 421-0401-535.63-97 ($200,000)          

FY 2013 Account No.: 403-0401-535.63-97 ($131,000) & 421-0401-535.63-97 ($94,000)

 

Staff recommends approving the Amended and Restated Agreement with Miller Pipeline, LLC, and to approve Task Authorization No. 1, contingent on FY14 budget approval and FY 13 carry forward funds being made available for this project, and authorizing the Mayor and City Clerk to sign all required contract documents.

 

Item 16 -        Property, Liability and Workers’ Compensation Insurance: Fiscal Year 2013-2014

 

In 2009, the City issued an RFP for the insurance program which was awarded to Florida League of Cities. This year, City Management reviewed the current coverage provided by the league and made minor alterations to better protect the City.

 

The FMIT insurance package consists of General Liability Insurance (including Errors and Omissions Liability and Law Enforcement Liability) with a $0 deductible, Automobile Physical Damage Insurance, Property Insurance and Workers’ Compensation Insurance. The outline of the insurance program is contained in the Florida League of Cities’ Insurance renewal quote.

 

This proposal includes the elimination of windstorm coverage on docks piers and wharves, an increase to the Bert Harris Act/Inverse Condemnation coverage, and added Comp and Collision on all vehicles with a deductible of $1,000. Previously only vehicles valued over $60,000 had comp and collision coverage.

 

The premiums paid for FY 12-13 total $1,020,449. The proposal for FY 13-14 is $1,013,767 which represents a 0.65% reduction in premiums. The City plans to go out to market for the FY 14-15 General Liability, Automobile, Property and Workers’ Compensation coverage.

 

Funding Account No.:        504-1000-519-4510

 

Staff recommends approving the selection of the Florida Municipal Insurance Trust (FMIT), through Florida League of Cities, Inc., for the Property, Liability and Workers’ Compensation Insurance program in the amount of $1,013,767 for a coverage period from October 1, 2013 through September 30, 2014 and authorizing the Mayor and City Clerk to execute any required documents.

 

Item 17 -        Administrative Code Change

 

City Charter Article IV. Administrative, Section 4.05 describes the Administrative Code.  Adopted by City Council, the Administrative Code sets forth department organization including charts depicting the chain of command and the allocation of responsibilities and duties for each department.

 

The City Manager’s Office has proposed an administrative code change that would replace the public safety department with separate police and fire departments to be overseen by a police chief and fire chief respectively.  It would also combine the human resources and information technology departments and the risk management division into an administrative services department overseen by an administrative services director.  Additionally, it is proposed that the 2012 organizational change in the reporting structure of the Finance Department be rescinded by the Council in order to return the previous structure which has the three division heads (accounting, purchasing and customer service) reporting directly to the Finance Director; and finally, the proposed changes reorganize the reporting structure of departments reporting to the City Manager and Assistant City Manager.

 

The changes are recommended to become effective October 1, 2013; however, it will take additional time for filling the department head vacancies.  Current and proposed citywide and finance department charts are attached for the City Council’s consideration.

 

Staff recommends approving an administrative code change reorganizing the Public Safety, Human Resources and Information Technology Departments, rescinding the 2012 organizational change in the reporting structure of the Finance Department and reorganizing the reporting structure of departments under the City Manager and Assistant City Manager.

 

Item 18 -        Causeway Park Lease Extension with FDOT

 

The City entered into a lease agreement with FDOT on August 17, 1993 to utilize the property generally known as Causeway Park for public recreation and public open space purposes.  The City does not make any lease payments but is responsible for maintenance.  In 2012, FDOT clarified the City’s right to control and enforce traffic and vehicle parking ordinances, statutes and laws.  As a part of the 10-year extension, FDOT will continue to allow the City to perform the above functions as well as other “landowner” rights such as expelling visitors, regulating times for activities and enforcing any laws or ordinances in the same way as with any other municipally owned or privately owned property. The 10-year extension will terminate on August 15, 2023 and can be terminated by either party upon 60-days written notice.

 

Staff recommends approving the addendum extending the Causeway Park lease agreement with the Florida Department of Transportation (FDOT) for 10 years, terminating on August 15, 2023 and authorizing the Mayor and City Clerk to execute the required documents.

 

Item 19 -        Floodplain Management Annual Progress Report

 

The attached Floodplain Management Annual Progress Report is provided to Council in accordance with the requirements of the National Flood Insurance Program’s Community Rating System.

 

This report provides a review of each action item in the plan, drainage improvements and activities during the past year, a summary of how the public can obtain a copy of the original plan, and public outreach completed since the last report submitted in September 2012.

 

Item 20 -        Extension and Amendment of the August 28, 2007 Agreement with QLHA

 

The City’s contract with Quentin L. Hampton Associates, Inc. for Site and Subdivision inspections expired on August 27, 2012.  RFSQ 12-36 was prepared for Professional Construction Inspection Services, Environmental Services, and Debris Monitoring Services. Due to a number of issues including staff turnover, a bid protest, bid protest appeal to the City Council and complexity of the contracts the award of RFSQ 12-36 was delayed and is scheduled for City Council approval on September 24, 2013 and will cover a five-year term beginning October 1, 2013. This Extension and Amendment renews the contract for the period commencing on August 28, 2012 and continuing until September 30, 2013, and provides for the inclusion statutory language regarding Public Records Compliance.

 

Staff recommends approval of a not to exceed amount in the amount of expenditures for FY13.  FY13 funds are budgeted for this purpose.

 

Project No.:    N/A                            Funding Account No.:        001-1903-515-31.13           

 

Staff recommends approving the Extension and Amendment of the August 28, 2007 Agreement with Quentin L. Hampton Associates, Inc. for Site and Subdivision Inspections

 

Item 21 -        Task Authorization #2 to Agreement for Services with Danus Utilities, Inc.

 

The City and Danus Utilities, Inc. entered into an Amended Restated Agreement for Services on January 8, 2013, which allowed the City to piggyback the Contractor’s agreement with the City of Clermont.  This Amended and Restated Agreement for Services will be supplemented now by Task Authorization #2 as deemed necessary by the Public Utilities Director. 

 

Public Utilities staff and Danus are currently in the process of continuing their existing work efforts into Willow Run, Beacon Woods, Isabelle, and Cambridge Villas.  Danus also continues to assist the City in lift station wetwell and manhole habitation efforts system wide. Public Utilities therefore requests Council’s approval of this additional Task Authorization #2 for the rehabilitation of various manholes / wetwells and other sanitary sewer rehabilitation items in the additional amount of $30,000 making the revised agreement amount now $110,000.

 

This project was previously approved in the FY 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 approving Task Authorization #2 to our existing Agreement for Services with Danus Utilities, Inc. for sanitary sewer rehabilitation services, and authorizing the Mayor and City Clerk to sign all required contract documents.

 

Item 22 -        Settlement with Volusia County for Spruce Creek Fly-In Wholesale Sewer Service

 

In accordance with Amendment No. 1 to the Agreement for Wholesale Sewer Service between the City of Port Orange and Volusia County for the Spruce Creek Fly-In, dated 1999, the City is required to bill from the County’s meter.  Last year, it was determined that the City had been incorrectly billing from the City’s meter which resulted in an overbilling to Volusia County. 

 

The proposed settlement is in the amount of $413,557.49, which represents a five-year period and includes a credit to the City in the amount of $7,920.23 for an unpaid water interconnect from 2010 and a credit of $26,546.68 for unpaid sewer impact fees. 

 

The refund of revenue for the billing differential was accrued to September 2012 as an audit adjustment; therefore, the payment will be made from the liability account.

 

Funding Account No.: 401-0000-208-05-00                  

 

Staff recommends authorizing a settlement payment to Volusia County related to Spruce Creek Fly-In Wholesale Sewer Service in the amount of $413,557.49.

 

Item 23 -        Final Payment for Utility Work on South Williamson Blvd.

 

In 2007, the City entered into a Joint Planning Agreement with the County of Volusia in order to jointly fund the South Williamson Blvd. roadway and utility improvement project. The project has been successfully completed under budget; however, project close-out negotiations between the prime contractor and the County of Volusia occurred over an extended period of time and final billings were delayed for approximately one year. The City has been advised by the County Engineer’s office that a final audit of the project has now been completed by County auditors and a final bill in the amount of $129,910.77 along with the required documentation has now been received from the County.

 

Because of the delay in billing, the County has provided the City with three options for payment, as attached.  The City Manager is recommending that full payment be made on October 1, 2015.  Funds have been transferred back to the project account for this payment.

 

Project No.: URL005 Funding Account No.: 403-0800-533-6397 & 421-0400-535-6397

 

Staff recommends approving the final payment to the County of Volusia in the amount of $129,910.77 on October 1, 2015 for completed utility work on South Williamson Boulevard and to authorize the Mayor and City Clerk to execute required documents.

 

G.   FINANCE (Wayne Saunders)

 

Item 24 -        Audit Recommendations Update

 

Finance will provide a progress update on Forensic and External Audit recommendations.

 

Item 25 -        Monthly Finance Report

 

Attached is the Monthly Financial Report. If you have questions, please contact Wayne Saunders or me.

 

H.   POLICE DEPARTMENT (Jerry Monahan)

 

Item 26 -        Resolution No. 13-64 - Public Safety Grant Program Bicycle Helmets from Target

 

Earlier this year, the Port Orange Police Department applied for Target’s Public Safety Grant Program to provide bicycle helmets for children who are in need of replacement helmets due to wear and tear and/or growth.  The Port Orange Police Department has been awarded $1,500 to purchase bicycle helmets.

 

Staff recommends approving Resolution No. 13-64 to accept grant funds from Target in the amount of $1,500.00 for bicycle helmets for children.

 

I.      CITY ATTORNEY (Margaret Roberts)

 

Item 27 -        Foreclosure Action involving SHIP Mortgage

 

On July 21, 2009, Will F. H. Spencer, a single man, and Karen Spencer, a single woman, executed a SHIP Mortgage payable to the City against property located at 121 Wimbledon Court, Port Orange, Florida 32127, which was modified on February 1, 2010, increasing the total amount of the mortgage to $39,292.00.  The SHIP Mortgage remains outstanding.  On August 21, 2013 a foreclosure action was filed in the Circuit Court, Seventh Judicial Circuit, in and for Volusia County, Florida, against Will Spencer a/k/a Will F. H. Spender, the current owner of the property, by JPMorgan Chase Bank National Association, 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 $97,170.00.  The first mortgage being foreclosed is $105,728.00, together with all sums that may be due for taxes, insurance, escrow advances and/or fees for inspections, property preservation or other expenses incurred to protect the property.  Based on the value of the property, the costs of filing the SHIP Mortgage foreclosure exceeds the City’s possible recovery.  Staff recommends that the City not file for foreclosure of the SHIP Mortgage.

 

Project No.:    CA File #3576

 

Staff recommends directing the City Attorney not to file for foreclosure of the SHIP Mortgage to Will Spencer a/k/a Will F. H. Spencer.

 

Item 28 -        City Attorney’s Comments

 

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 29 -        Resolution No. 13-62 – Florida Recreational Development Assistance Program (FRDAP) Grant – Riverwalk Launch and Boardwalk Phase 1

 

The Florida Department of Environmental Protection’s FRDAP program provides grants to local governments to develop land for public outdoor recreation. The City requests FRDAP grant funds to construct a kayak/canoe launch facility, boardwalk, and picnic facilities in Town Center Riverwalk.  The boardwalk will start north of the Riverside Pavilion and connect to the existing fishing pier.  It will travel east of the pavilion deck and extend south to the former Halifax Mobile Home Park.  The distance of project is roughly 625 feet (see map). 

 

FRDAP’s funding approval is determined during the 2014 State Legislative session, and would not be available until after July 2014.  Currently, this project is unfunded in the CIP.  If approved, the City will be required to identify a funding source for the match. 

 

The City requests $200,000.00 (50%) in funds from the State and the City’s Match is $200,000 (50%).  For further information, contact Susan Lovallo or Kent Donahue.

 

Project No.:AIO004  Funding Account No.: 307-1000-552-63-97.

 

Staff recommends approving Resolution 13 – 62 authorizing the City Manager to submit a grant application to the Florida Recreational Development Assistance Program.  In addition, authorizing the Mayor and City Clerk to execute any agreements or contracts.

 

Item 30 -        Resolution No. 13-63 - Florida Recreational Development Assistance Program (FRDAP) Grant – West Side Sports Complex Phase 1

 

To make recreational improvements at the West Side Sports Complex, the City seeks funds from the Florida Department of Environmental Protection’s FRDAP grant program.  The Phase 1 project would construct a soccer field, picnic facility, trails, and support facilities.

 

FRDAP’s funding approval is determined during the 2014 State Legislative session, therefore funding would not be available until after July 2014.

 

Currently, this project is unfunded in the CIP.  If approved, the City will be required to identify a funding source for the match.  The City requests $200,000.00 (50%) in funds from the State and the City’s Match is $200,000 (50%). For further information, contact Susan Lovallo or Kent Donahue.      Project No.: CIP 201378

 

Staff recommends approving Resolution 13 – 63 authorizing the City Manager to submit a grant application to the Florida Recreational Development Assistance Program grant program.  In addition, authorize the Mayor and City Clerk to execute any agreements or contracts and provide a match.

 

Item 31 -        City Manager’s Comments

 

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.

 

K.   COUNCIL COMMENTS

 

Item 32 -        Comments/Concerns from Council Members

 

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

 

Item 33 -        City Council Committee Reports

 

At this time, Council Members may report on various committees to which they have been assigned.

 

GAK/rlf