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

                        October 1, 2013

 

Date:               September 26, 2013

 

 

  1. OPENING

 

Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call

 

B.   BOARD REPORTS AND APPOINTMENTS

 

Item 4 -           Parks & Recreation Advisory Board Quarterly Update

 

Jack Wiles will be present to provide Council with an update from the Parks & Recreation Advisory Board.

 

Item 5 -           Team Volusia presentation

 

Keith Norden will be present to discuss Team Volusia.

 

C.   CITIZEN PARTICIPATION

 

Item 6 -           Family Days request – John Junco

 

John Junco will be present to address Council regarding publicity for Family Days.

 

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

 

E.   CONSENT AGENDA

 

Item 7 -           Approval of Minutes

 

a.    August 27, 2013 – Regular City Council Meeting

 

Attached are the City Council minutes from the recently held meeting. Should you have questions, please feel free to contact Robin or me.

 

Item 8 -           Construction Activity Report

 

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

 

Item 9 -           Parks & Recreation Project Updates

 

Attached is the update on Parks & Recreation projects. Should you have any questions, please contact Susan Lovallo or me.

 

Item 10 -        Skate Park Donation and Change Order

 

Council approved a contract with Team Pain for phase one design build and renovations of the skate park.  Since that time we have had a donor step up and donate 175 cubic yards of concrete to be used to complete phase two and three of the project in return for recognition at the park and on banners at our ball fields.  The recognition will be some sort of plaque at the park.

Approve change order one for Team Pain to complete the work with the additional concrete is $32,527.00.  Funding will be available in the 315 fund.

 

Project No.: QPC 041                      Funding Account No.: 315-5100-572-6300

 

Staff recommends accepting a donation from Sparks Concrete and approving change order to Team Pain for the completion of phase two and three.

 

Item 11 -        Contract for Services with Set Materials for Lime Sludge Disposal

 

Public Utilities requested quotes from the only two area disposal sites for the lime sludge that is produced as a waste product at the Water Treatment Plant.  Volusia County Landfill considers lime sludge to be special waste, for which they charge $68 per ton.   Set Material charges $5.75 per cubic yard.  A cubic yard of lime sludge is equal to one ton. 

 

The City’s Water Treatment Plant generates approximately 7,000 tons of lime sludge per year.  Sending this quantity of lime sludge to the Volusia County Landfill would cost $476,000 per year; Set Materials would cost the City about $40,250 per year.  Set Material uses lime sludge to make recycled crushed concrete.

 

Public Utilities requests the City Council waive normal bidding procedures and approve this purchase.           

 

This expenditure is contingent upon approval of the FY14 budget.

 

Funding Account No.: 401 0200 533 3411   

 

Staff recommends waiving normal bidding procedures and approving the Contract for Services with Set Materials, in an amount not to exceed $41,000; and authorizing the Mayor and the City Clerk to sign all required contract documents.        

 

Item 12 -        Sole Source Purchase of Professional Services from SunGard Public Sector for HTE Software Modifications

 

SunGard Public Sector is the City’s sole source provider of the City’s HTE software system.  In order to fully integrate the new Sensus LOGIC software system for utility meter reading with the City’s HTE customer service/billing system, the City’s existing HTE software needs to be modified.  The attached quote is for the professional services required from SunGard Public Sector to write the programming necessary for this purpose.     Public Utilities/Meter Reading Staff has been coordinating closely with the City’s IT Staff and Finance/Customer Service Staff on the Sensus LOGIC Software acquisition.  This is one of the items identified by the City’s internal team as necessary for successful implementation.

 

This request is proposed for funding from FY2013 carryover to FY2014 and is contingent upon the carryover budget approval.

 

Project No.:  ZMI0044                 Funding Account No.: 421-0500-536-6415  

 

Staff recommends approving the sole source purchase from SunGard Public Sector in an amount not to exceed $8,000 for HTE software modifications, and authorizing the Mayor and City Clerk to execute all required documents for this purpose.     

 

Item 13 -        Cooperative Economic Development Agreement with Team Volusia Development Corporation

 

Team Volusia Economic Development Council (TVEDC) serves as a countywide public-private economic development agency.

 

TVEDC will coordinate economic development activities and prospects with City staff as well as the Volusia County Department of Economic Development and the annual contract amount of $28,193 ensures the City Manager a position on the Executive Board.  Funding for public agencies is based upon $0.50 per capita and all public funds will be separately accounted for.

 

TVEDC’s primary purpose is to support business growth and recruit new businesses to the area.  The contract requires them to report quarterly to the City Council.

 

Funding Account No.: 626-1900-515.81-19      

 

Staff recommends approving a cooperative economic development agreement with Team Volusia Economic Development Corporation in the amount of $28,193 for FY2014 and authorizing the Mayor and City Clerk to execute all applicable documents.

 

Item 14 -        RFSQ #12-36 Professional Construction Inspection Services, Environmental Services, and Debris Monitoring Services

 

RFSQ 12-36 was prepared to include not only Professional Construction Inspection Services, but also Environmental Services and Debris Monitoring Services.

 

Proposals in response to RFSQ #12-36 were received from eight firms.  Three firms were deemed responsive, Dredging and Marine Consultants, L.L.C. (“DMC”), Bechtol Engineering and Testing, Inc. (“Bechtol”) and Eisman & Russo, Inc. (“Eisman”).  Quentin L. Hampton Associates, Inc. (“QLH”) was deemed not responsive due to a missing form in envelope one.  QLH protested and a protest hearing was conducted on September 17, 2012.  The missing document was provided at the protest hearing, and again at the Bid Protest Appeal to the City Council on October 16, 2012.  City Council voted unanimously to declare this non-substantial and permit QLH to move to the next level. 

 

All four firms were then invited to make oral presentations to the selection committee, comprised of Donna Steinebach, Fred Griffith, Roger Smith, Michael Anderson and Allen Green.  The committee concluded that Eisman would be limited to debris monitoring services, but that all four firms provided services desired by the City and that all of the firms should be utilized in various capacities on an as-needed basis.  On December 11, 2012, City Council authorized contract negotiations with QLH, DMC, Bechtol and Eisman.  Community Development and Purchasing staff met with QLH and DMC in February 2013 to negotiate Construction Inspection Services. 

 

Staff recommends: (1) award of a base contract with Eisman for Debris Monitoring Services; and (2) award of base contracts with QLH, DMC and Bechtol for Construction Inspection Services, Environmental Services and Debris Monitoring Services.  The contracts are for an initial five-year term with two optional one-year extensions upon written approval of both parties.  Specific assignments will be by Contract Addendum at the direction of the appropriate department head.

 

Staff also recommends approval of Contract Addendum No. 1 to QLH for construction inspection services for subdivisions and site development in a not-to-exceed amount of $112,000.00 for FY14. This amount represents 1,866 hours of inspection.  FY14 funds are budgeted in the following account for this purpose:

 

Funding Account No.:        001-1903-515-31.13

 

Staff recommends approving base contracts and Addendum No. 1 for Quentin L. Hampton Associates, Inc. and Dredging and Marine Consultants, Inc., and approving base contracts for Bechtol Engineering and Testing, Inc. and Eisman & Russo, Inc., subject to approval of the rates and scope by the City Manager and City Attorney.          

 

Item 15 -        Special Event Request – Wide Open Saloon, 5395 S. Ridgewood Avenue

 

Mr. Dotten, owner of the Wide Open Saloon, located at 5395 South Ridgewood Avenue, requests approval of a Special Event to be held during Biketoberfest 2013.  The proposed event is planned for a five (5) day period from Wednesday, October 16, through Sunday, October 20, 2013. The proposed hours for the event are from 11:00 a.m. until 2:00 a.m., daily.  This will be the second Special Event for the Wide Open Saloon in 2013.

 

Mr. Dotten has requested the waiver of the surety bond due to past good performance in clean-up after previous events. The cost of the surety bond is determined by City Council as outlined in Chapter 58, Article III of the City of Port Orange Code of Ordinances, and has generally been set at $250.00 when required for past events.

 

Staff recommends approving the Special Event request for the Wide Open Saloon located at 5395 South Ridgewood Avenue subject to twenty-five (25) conditions outlined in the attached report.

 

Item 16 -        Special Event Request – The Last Resort Bar, 5812 S. Ridgewood Ave., Best Cars, 5816 S. Ridgewood Ave., Hunt for Cars, 5796 S. Ridgewood Ave.

 

Mr. Al Bulling, owner of The Last Resort Bar, and agent for Best Cars, and Hunt for Cars, requests approval of a Special Event to be held during Biketoberfest 2013. The proposed event is planned for a seven (7) day period from Monday, October 14, through Sunday, October 20, 2013. The proposed hours for the event are from 8:00 a.m. to 2:00 a.m., daily.  This will be the second Special Event for the Last Resort Bar in 2013.  Mr. Bulling also requests a one (1) hour time extension for outside music on Friday and Saturday nights (March 15-16, 2013) of the event. Staff’s attached conditions do not allow the extra hour request based on past Council direction (see condition #14).

 

Additionally, Mr. Bulling has requested the waiver of the surety bond due to past good performance in clean-up after previous events. The cost of the surety bond is determined by City Council as outlined in Chapter 58, Article III of the City of Port Orange Code of Ordinances, and has generally been set at $250.00 when required for past events. 

 

Staff recommends approving the Special Event Request for The Last Resort Bar, 5812 S.  Ridgewood Avenue, Best Cars at 5816 S. Ridgewood Avenue, and Hunt for Cars at 5796 S. Ridgewood Avenue, subject to twenty-five (25) conditions outlined in the attached staff report.

 

Item 17 -        Special Event Request – First Turn Steakhouse & Lounge, 5236 S. Ridgewood Avenue & 5204 Ridgewood Avenue

 

Mr. Rick Hilliard, owner of the First Turn Steakhouse & Lounge, requests approval of a Special Event to be held during Biketoberfest 2013.  The proposed event is planned for a seven (7) day period from Monday, October 14, through Sunday, October 20, 2013. The proposed hours for the event are from 11:00 a.m. until 2:00 a.m., daily.  This will be the second Special Event for the First Turn Steakhouse & Lounge in 2013.

 

Mr. Hilliard has requested the waiver of the surety bond due to past good performance in clean-up after previous events. The cost of the surety bond is determined by City Council as outlined in Chapter 58, Article III of the City of Port Orange Code of Ordinances, and has generally been set at $250.00 when required for past events.

 

Staff recommends approving the Special Event request for the First Turn Steakhouse & Lounge located at 5236 & 5204 South Ridgewood Avenue subject to twenty-six (26) conditions outlined in the attached report.

 

Item 18 -        Contract Addendum No. 3 to the agreement between the City of Port Orange and Premier Magnesia, LLC for Magnesium Hydroxide for the Reclaimed Water Treatment Plant

 

On 9/25/12, City Council approved a wrap-around agreement between the City and Premier Magnesia, LLC. with a one year renewal in accordance with the terms of a contract agreement originally established with St. Johns County Bid No 10-70.  Magnesium Hydroxide was identified as the only non-hazardous environmentally-friendly alternative for increasing pH & alkalinity, because it reduces Hydrogen Sulfide gases that transform into sulfuric acid within the sanitary sewer systems.  We are requesting to continue this purchase with the above stated vendor.  The final contract extension is for October 1, 2013 to August 10, 2014.  The contract price is $2.38 per gallon and our approximate usage is 60,000 gallons for an approximate cost of $142,800.00

 

Contingent on FY14 budget approval.

 

Project No.:    N/A                             Funding Account No.: 401-0400-535.52-19

 

Staff recommends approving the Contract Addendum No. 3 to agreement between the city of Port Orange and Premier Magnesia, LLC for magnesium hydroxide for the Reclaimed Water Treatment Plant in the amount of $142,800 as established by contract through the St. Johns County Bid No. 10-70 and authorizing the Mayor and City Clerk to execute all necessary documents.

 

F.    FINANCE (Wayne Saunders)

 

Item 19 -        Resolution No. 13-67 – Budget Appropriation (A/C repair at the Allen Green Center)

 

This resolution budgets revenue and expense to account for additional Impact Fee revenue received in the 611 Fund during FY13 and also appropriates equity in the 106 Fund to fund an emergency repair to an air conditioner at the Allen Green Center. 

 

Staff recommends approving Resolution No. 13-67.

 

Item 20 -        Resolution No. 13-70 – Budget Appropriation (Purchase of Real Property at 4190 Ridgewood Avenue)

 

City council will be reviewing the acquisition of real property at 4190 Ridgewood Ave. City staff has identified anticipated expenses associated with this acquisition.

 

The attached budget resolution provides for the recognition of the budget changes recommended to address the funding for acquisition of real property located at 4190 Ridgewood Ave. Staff recommends approval of the attached Resolution.  Please see the attachments for the specific detail.

 

Staff recommends approving Resolution No. 13-70.

 

G.   COMMUNITY DEVELOPMENT ( Wayne Clark)

 

Item 21 -        First Reading – Ordinance No. 2013-10 - LDC Text Amendment/Chapter 17 – Planned Unit Development (PUD) and Planned Commercial Development (PCD) Regulations, Case no. 13-25000002 (Continued from July 23, 2013)

 

At its April 23, 2013 meeting, the Planning Commission recommended approval of the proposed amendment to allow commercial, office, recreation and government/public uses along with residential uses in a Planned Unit Development (PUD) and to clarify and update requirements for a Planned Commercial Development (PCD) and PUD.

 

As part of the ongoing effort to improve the aging Land Development Code (LDC), staff’s research found that sections of the code pertaining to PUD and PCD zoning districts had inconsistencies and requirements that needed updating.

 

1.         Allow a mix of uses in a PUD. The code currently limits PUDs to residential uses only. Since 1990 there have been a number of approved mixed-use PUD projects with substantial commercial components. This amendment will clarify the inconsistent application.

 

2.         Clarification of processes and past practices related to the required amount of open space and common open space for a project, modifications to a MDA or CDP based on revisions made by Council during the approval process, assignment of maintenance responsibilities, and applicability of variances.

 

3.         Remove duplicated procedural requirements from Chapter 17. In the fall of 2012, the City Council approved text amendments to the LDC to consolidate all procedural requirements for development review into Chapter 3. The duplicate language related to PUDs and PCDs was inadvertently not included with that clean-up amendment.

 

This item was continued from the July 23, 2013 and August 20, 2013 Council meetings. Council may have a policy discussion regarding PUD’s and PCD’s or this item can be continued again. If Council elects to continue, Staff would request that it be continued to October 22, 2013.

 

Item 22 -        Resolution No. 13-68 – Adoption of the Volusia County Integrated Floodplain Management Plan

 

On April 2, 2013, Council approved Resolution No.13-22 supporting the planning process for development of the Volusia County Integrated Floodplain Management Plan (FMP). Adoption of the finalized plan is the last step in this process.  Adoption of the plan fulfills Community Rating System (CRS) requirements and will allow the City to receive additional CRS credits. In addition, Port Orange will be eligible for mitigation grant funding for projects identified in the mitigation action plan which is part of the FMP.

 

A floodplain management plan is a requirement of the City’s participation in the CRS of the National Flood Insurance Program (NFIP). The City has been receiving credit for its floodplain management plan through the county-wide local mitigation strategy (LMS). This Floodplain Management Plan was developed by the East Central Florida Regional Planning Council for Volusia County and the municipalities, including Port Orange. This plan was adopted into the LMS by the County Council on July 19, 2013. The plan is designed to encompass a snapshot of floodplain hazards throughout the county, set goals to reduce risk to people or property from flooding and its effects, and also provide separate jurisdictional plans developed as appendices of the main plan. This design promotes a unified approach to mitigation and planning efforts and consistency across the County. The plan follows the format and outline of the Community Rating System guidance. The FMP is attached as Exhibit “A” of this report and is available to view in the City Clerk’s office, the Volusia County Kelly Administration Building or online at http://www.volusia.org/emergency/flood.htm.

 

Staff recommends approving Resolution No. 13-68 adopting the Volusia County Integrated Floodplain Management Plan.

 

H.   PUBLIC SAFETY  (Jerry Monahan)

 

Item 23 -        Second Reading – Ordinance No. 2013-13 – Noise Ordinance Amendment

 

This amendment is needed for consistency between the required noise meters currently used by the City and those required to be used by the Code. This amendment also increases the enforcement opportunities of this section by broadening the scope of individuals that may be held responsible for noise/light violations.

 

Staff recommends approving Ordinance 2013-13 amending Chapter 42, Article IV of the Code of Ordinances.

 

I.      PUBLIC UTILITIES (Jason Yarborough)

 

Item 24 -        Bid No. 13-16 - Reclaimed Water Plant Rehabilitation

 

On May 7, 2013 City Council approved local preference for Danus Utilities, Inc. (Danus) for Bid No. 13-16 awarding the contract contingent upon proper licensure as determined by the State of Florida.  On September 13, 2013, the State of Florida Construction Industry Licensing Board considered the scope of the project and determined that a certified underground contractor is duly licensed to perform the reclaimed water plant headworks portion of the project, except for the electrical work that may be performed by a licensed subcontractor.  The city’s project engineer and the public utilities staff have reviewed the value of the work that the certified underground contractor is licensed to perform and have determined that Danus may perform a majority of the project.  Danus shall act as the prime contractor and other portions of the work shall be performed by licensed subcontractors. 

 

For this project it has now been determined that both a certified general contractor and a certified underground contractor are duly licensed to perform the project.  The bid specifications required a certified general contractor.  The requirement of the certified general contractor may be waived as a nonsubstantial irregularity, if the city council determines that the waiver does not give one bidder an advantage over other bidders.  The city attorney is recommending that the city council consider the waiver of the nonsubstantial bid irregularity in furtherance of the local preference and the award to Danus Utilities, Inc.

 

Project No.: SSP 007                       Funding Account No.: 40304005356397

 

Staff recommends approving a minor irregularity removing the requirement for a certified general contractor and ratifying the local preference to, the award to and the authority to execute the required documents with Danus Utilities, Inc. to perform the Reclaimed Water Plant Rehabilitation as a certified underground contractor.   

 

J.    PUBLIC WORKS (Mary Anderson)

 

Item 25 -        First Reading – Ordinance No. 2013-18 – Award of Non Exclusive Franchise for Roll-off Containers (Bid No. 13-27)

 

Staff advertised and received five responsive submittals for the Non-Exclusive Franchise for Roll-Off Containers (Bid # 13-27). Under this agreement the above vendors are allowed to contract container services for the collection and disposal of construction and demolition debris within the City of Port Orange with various organizations, firms, and entities. In exchange, each vendor agrees to pay a monthly franchise fee of eighty-five dollars ($85.00) and a twenty dollar ($20.00) “pull charge” on each container in service. This agreement will become effective October 1, 2013 through September 30, 2014.

 

Staff recommends approval of Ordinance No. 2013- 18 Granting Non-Exclusive Franchise Agreement for Roll-Off Containers (Bid #13-27), to Waste Pro of Florida Inc., Southeast Container Service Inc., Samsula Waste / Recycling, FSI Roll Off Container Services, and Republic Services of Volusia County and authorizing the Mayor and City Clerk to execute contract documents as required.

 

K.   CITY ATTORNEY (Margaret Roberts)

 

Item 26 -        Settlement Offer by Roger Smith

 

A settlement offer by Roger Smith will be provided upon receipt.

 

Item 27 -        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.

 

L.    ADMINISTRATION (Greg Kisela)

 

Item 28 -        Resolution No. 13-66 – Proposed Vacation of Public Park Purpose – Harbor Oaks Unit 1 subdivision

 

Staff has reviewed an application on behalf of the City as owner of park property located in Block 12, North of Lot 5, Harbor Oaks Unit 1, Map Book 10, Page 145, Public Records of Volusia County, Florida.  Per Resolution No. 13-50, adopted September 3, 2013, this property was deemed “surplus” by City Council. Releasing the public purpose will enable the property to be sold and utilized for private commercial use. The vacation application and legal description have been reviewed for completeness and accuracy. Legal advertisements have been published as required. City departments have reviewed this request and have no outstanding concerns. 

 

Staff recommends approval and recommends sale of this property include perpetual maintenance responsibilities for the B-23 Canal seawall abutting the parcel.

 

Staff recommends approving Resolution # 13-66, vacating the public park purpose on park parcel located in Block 12, Harbor Oaks Unit 1 subdivision.

 

Item 29 -        Resolution No. 13-69 – Contract for Sale and Purchase of Real Property at 4190 Ridgewood Avenue

 

The unoccupied, single-family residential structure constructed in 1939 occupies a 50-ft. x 300-ft.+/- sized lot and has been offered to the City at a purchase price of $40,000 by the heirs of the former owner. The residential structure is several feet below existing grade of Ridgewood Avenue, is located within an area of mixed commercial properties, and adjacent to Fire Station #71. (Parcel ID# 6341-03-00-0060) To assist City Staff with the acquisition of this property, an MAI appraisal report was prepared by Pomeroy Associates of Florida.

 

On August 27, 2013 the Daytona Beach News-Journal published a Public Notice pursuant to Section 119.0711 and 166.045, Florida Statutes providing for a 30-day review period of this contract and the appraisal report. More than 30 days have passed and Staff requests the City Council consider final acceptance of this contract for the purchase of the subject property. Closing costs, including boundary survey, Phase 1 Environmental Assessment and Asbestos Survey are estimated to be less than $5,000.00.  We are recommending the stormwater fund be the source.  The site has the potential to be used for retention.  The estimate for demolition is approximately $7,500.00.

 

Staff recommends approving Resolution No. 13-69 authorizing the Mayor and City Clerk to approve the contract to acquire real property located at 4190 Ridgewood Avenue for the contract purchase price of $40,000 plus closing costs, and the execution of all additional documents necessary to close the transaction.

 

Item 30 -        2014 Legislative Program

 

The attached documents contain key dates and issues for the 2014 legislative session.  The City Council’s direction is sought for establishing priorities and representation, including whether to file a local bill amending hospital taxing district boundaries as well as whether or not the City will utilize the services of a lobbyist, such as Pittman Law Group.  If Council elects to use a lobbyist, approximately $40,000 has been budgeted in the general fund non-departmental account.

 

Funding Account No.: 001-1000-519-31-13      

 

Staff recommends approving the 2014 Legislative Program.

 

Item 31 -        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.

 

M.   COUNCIL COMMENTS

 

Item 32 -        Comments/Concerns from Council Members

 

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

 

GAK/rlf