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

                        January 7, 2014

 

Date:               January 2, 2014

 

 

  1. OPENING

 

Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call

Item 4 -           Order of Business

 

The City Council reviews the order of business for regular council meetings on an annual basis to determine what, if any, changes are warranted. The City Council made two changes last year, which included moving the meeting start time to 6:30 p.m. and adding City Attorney and City Manager reports to the agenda. 

 

The order of business is attached on page one of General Administration Policy 1-6. The policy has been updated to reflect recent organizational changes within the City.

 

Item 5 -           Election of Vice Mayor

 

In accordance with Article III, Section 3.03 of the City Charter:

 

“The vice mayor shall be elected at the first meeting of the newly elected council after the regular city elections; and, in nonelection years, at the first regular council meeting in January and commencing in 2007 at the first regular council meeting in December. The vice mayor shall act as mayor during the absence or disability of the mayor. In case of death, resignation, or removal of the mayor, the vice mayor shall serve as mayor for the remaining unexpired term of such office. The council vacancy left by the vice mayor shall be filled as provided in section 3.05(c). A vice mayor shall be elected by the council from its members either before or after the filling of the council vacancy as provided in the preceding sentence. In all instances, the vice mayor shall be elected by the affirmative vote of the majority of the council.”

 

Staff recommends Council elect a Vice Mayor for 2014 and authorize the City Clerk to amend related contact information as necessary.

 

Item 6 -           Appointments to Council Committees for 2014

 

Below is a listing of committees and the current Council Member assigned to that committee:

 

            ArtHaus – Vice Mayor Burnette

            City Investment Committee – Councilman Kennedy

            Communications Interlocal Agency – Mayor Green

            General Employees Retirement Trust Fund – Councilman Bastian

Golf Course Board of Directors – Councilman Ford and Greg Kisela

            Library Advisory Board – Councilman Bastian

            Transportation Planning Organization – Councilman Ford

            Municipal Firefighters Pension Board – Councilman Ford

            Municipal Police Officers Retirement Trust – Councilman Kennedy

Port Orange-South Daytona Chamber of Commerce – Vice Mayor Burnette

            Volusia Council of Governments – Mayor Green

            Volusia League of Cities – Mayor Green

            YMCA – Councilman Bastian

 

Appointments will need to be made for service on these committees for 2014.

 

B.   SPECIAL REPORTS, AWARDS, RECOGNITION, AND PROCLAMATIONS

 

Item 7 -           Special Recognition for Retired City Employees

 

Mayor Green will present proclamations to the retired City employees from 2013 who are in attendance.

 

Item 8 -           Swearing In Ceremony of Fire Chief Joe Pozzo

 

Fire Chief Joe Pozzo will be sworn in at this time.

 

C.   JOINT ANNUAL MEETING OF PORT ORANGE PROPERTY DEVELOPMENT, INC.

 

D.   ANNUAL MEETING OF THE DESIGN REVIEW BOARD FOR PORT ORANGE PROPERTY DEVELOPMENT, INC.

 

E.   JOINT ANNUAL MEETING OF CITY CENTER CORPORATE PARK PROPERTY OWNERS ASSOCIATION, INC.

 

F.    JOINT ANNUAL MEETING OF GOLF COURSE AT CYPRESS HEAD, INC.

 

G.   SPECIAL TOWN CENTER CRA MEETING

•     Award of RFSQ #14-07 - Design and Engineering Services for Riverwalk Park and Boardwalk

 

H.   BOARD APPOINTMENTS & INTERVIEWS

 

Item 9 -           Board Appointments

a.         Fire Pension Board – Frank Sheridan (5th Member)

b.         Police Pension Board – Lt. Chris Besuden (5th Member)

 

I.      CITIZEN PARTICIPATION (Agenda)

 

Item 10 -        Lorraine Maurath – Senior Bridge Lessons

 

Lorraine Maurath will be present to request a reduction/waiver in facility fees.

 

Item 11 -        Center for Business Excellence – Robin King, President & CEO

 

Robin King, President and CEO of the Center for Business Excellence, will be present to introduce herself, provide details of their services, and discuss upcoming rebranding.

 

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

 

K.   CONSENT AGENDA

 

Item 12 -        Approval of Minutes

 

a.    December 10, 2013 – Regular City Council Meeting

b.    December 12, 2013 – Joint Special City Council/Town Center CRA Meeting

 

Attached are the City Council minutes from the 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 -        Update on Recreational Facilities

 

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

 

Item 15 -        Construction Activity Report

 

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

 

Item 16 -        Council Meeting Schedule for 2014

 

The Port Orange City Council has traditionally met three (3) times per month except for July, November, and December. Normally, the City Council has met on the first, third, and fourth Tuesdays.

 

The proposed schedule for 2014 Regular City Council Meetings is as follows:

 

            January 7, 21, 28                             July 15, 22

            February 4, 18, 25                            August 5, 19, 26

            March 4, 18, 25                                 September 2, 16, 23

            April 1, 15, 22                                    October 7, 21, 28

            May 6, 20, 27                                    November 4, 11

            June 3, 17, 24                                   December 2, 9

 

Staff recommends approval of the proposed 2014 meeting schedule.

 

Item 17 -        Written Reports from KemperSports regarding Cypress Head Golf Course

 

Attached are the reports from KemperSports regarding the Cypress Head Golf Course.

 

Item 18 -        Wraparound Agreement with Ferguson Water Works for Utility Supplies

 

To purchase materials required to operate on a daily basis, such as brass for meter installations; meter boxes to set meters; pipe and repair clamps for water main breaks; manhole rings and covers; and sewer repair parts.  These are items that are stocked by the Warehouse.

 

Staff recommends approving a wraparound agreement for utility supplies in the amount of $250,000 as established by contract with the City of Deltona and Ferguson Water Works under Bid #PW10-07, and to authorize the Mayor and City Clerk to execute all required contract documents.

 

Item 19 -        Major Special Event Request – Hawks 5K Resolution Run and One Mile Fun Run, 801 Taylor Road

 

City staff has received a special event request from Scott Kirschner, Assistant Cross Country Coach for the SCHS Hawks Cross Country team to hold a 5K Run and One Mile Fun Run. The proposed hours of the event are from 7:00 a.m. until 10:00 a.m. on January 18, 2014. The event is to raise money to benefit the cross country team. The event will start at the high school located at 801 Taylor Road. Runners will proceed east on Taylor Road approximately to Devon Street, turn around and run back to the high school.  There will be an awards ceremony after completion of the race to be held at the school. The ceremony will include designated areas for refreshments, a live DJ, and three sponsor exhibit tents. There will be port-o-lets and trash receptacles on site for the ceremony events.

 

The applicant has requested that the surety bond be waived. The cost of the surety bond is determined by the 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 when required for past events.

 

Staff recommends approving the Special Event request for the Hawks 5K Resolution Run and One Mile Fun Run to be held on January 18, 2014, beginning and ending at Spruce Creek High School, 801 Taylor Road, Port Orange, FL and to waive the $250 surety bond.

 

Item 20 -        Major Special Event Request – Volusia/Flagler Family YMCA at Aunt Catfish Restaurant at 4009 Halifax Drive, 4108 Halifax Drive, and Panhead’s at 4085 Ridgewood Avenue

 

City staff has received a special event request from Mica Cyrus, special event director for the Volusia Flagler Family YMCA. The proposed hours of the event are from 6:00 a.m. until 10:00 a.m. on January 19, 2014. The event is to raise money for scholarships for the Port Orange YMCA. The event will start at Aunt Catfish located at 4009 Halifax Drive. Runners will proceed south on Halifax Drive, turn around at White Place and run over the Dunlawton Bridge. Runners will finish at Aunt Catfish Restaurant located at 4009 Halifax Drive. There will be an awards ceremony after completion of the race to be held at 4085 Ridgewood Avenue. The ceremony will include designated areas for refreshments, a live DJ, and three sponsor exhibit tents. There will be port-o-lets and trash receptacles on site for the ceremony events.

 

The event director has requested that the surety bond be waived. The cost of the surety bond is determined by the 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 when required for past events.

 

Staff recommends approving the Special Event request for the Aunt Catfish 5K located at 4009 & 4108 Halifax Drive and 4085 South Ridgewood Avenue subject to nine conditions outlined in the attached report and to waive the $250 surety bond.

 

Item 21 -        Waive Formal Bidding Procedures and Approve a Sole Source Standard Contract for Services with Task Authorizations for Diamond Quest Corporation

 

On October 22, 2013, the City approved an annual service contract with Diamond Quest Corporation.   Additional funding is required to supply repairs, parts and labor services relating to general repair and maintenance of the City’s surveillance system as set forth in periodic written quotes.  Diamond Quest is the recommended licensed installer and preferred (sole) vendor in Florida of the Genetec Omincast managed video services solution proprietary software that is used by Public Utilities.  

           

Project No.:  MME003                      Funding Account No. 403 0200 533 6497

 

Staff recommends approving a Sole Source Standard Contract for Service with Task Authorizations for Diamond Quest Corporation in an amount not to exceed $50,000; and authorizing the Mayor and City Clerk to execute all required contract documents.

 

Item 22 -        Waive Formal Bidding Procedures and Approve a Sole Source for a Standard Contract for Services with Task Authorizations for Hach Company

 

To purchase various Hach brand instruments to provide standardization.  Hach Company is the sole source manufacturer and distributor of all Hach branded instrumentation and chemistry.

 

Staff recommends approving a Sole Source for a Standard Contract for Service with Task Authorizations with Hach Company not to exceed $50,000 and authorizing the Mayor and City Clerk to execute all required contract documents.

 

Item 23 -        Lease Renewal with Port Orange/South Daytona Chamber of Commerce

 

On April 1, 1994, the City of Port Orange entered into a twenty (20) year lease with the Riverside Pavilion Condominium Association (Port Orange/South Daytona Chamber of Commerce and Halifax Sport Fishing Club) for the lease of the Riverside Pavilion. This lease expires March 31, 2014 and can be extended for two (2) additional terms of ten (10) years. The Condominium Association has expressed a desire to extend the lease for an additional ten (10) years.

 

Staff recommends approving an amendment to extend the Riverside Pavilion Condominium Association Lease for a ten (10) year term starting April 1, 2014.

 

L.    TABLED ITEMS

 

Item 24 -        Historic Tree Removal Request, FPL Magnolia Substation (Continued from November 12, 2013 and Tabled on December 10, 2013)

 

At its October 15, 2013 meeting, the Environmental Advisory Board (EAB) recommended approval (6-0) of the proposed historic tree removal request to remove 3 of 14 historic trees located on the FPL Magnolia Substation site.

 

Alternate transmission line routes and siting for the substation were considered during the design phase to minimize large tree removal. The majority of the specimen and historic trees are located on the eastern portion of the site. The substation was pushed as far to the west as possible to avoid a cluster of 5 historic trees to the east. The resulting proposed plan was chosen to minimize the impact to historic trees while meeting the operational needs for the utility. The standards of review for tree removal include considering the extent to which the actual or intended use of the property requires removal of trees. The intended use of the property would be difficult to achieve without the removal of 3 historic trees due to their location and the route needed to be taken for high voltage transmission line connections to the substation.

 

Historic trees approved for removal on commercial property are to be mitigated pursuant to Resolution 02-71. Mitigation for the three historic trees is tabulated to be (67) 4-1/2” caliper, 14’ tall replacement trees or a $22,667 tree bank contribution. Since the remaining site area outside of the required electrical clearance zone will remain forested the recommendation was made to accept the $22,667 tree bank payment instead of replacement trees. Staff recommends approval of the historic tree removal request to remove 3 historic trees subject to a $22,667 tree bank contribution as outlined in Resolution 02-71, as recommended by the Environmental Advisory Board.

 

Staff recommends approving the historic tree removal request to remove 3 of 14 historic trees located on the FPL Magnolia Substation site, as recommended by the Environmental Advisory Board.

 

M.   FINANCE (Wayne Saunders)

 

Item 25 -        Resolution No. 14-1 – FIND Project Agreement for Riverwalk Launch & Boardwalk Phase I project

 

Florida Inland Navigation District (FIND) Project Agreement VO-PO-13-98, which is to provide assistance funding for the Riverwalk Launch & Boardwalk Phase I project, was approved by the City Council on 12-3-2013.  This resolution budgets for the $40,000 in funding that will be provided by this grant.

 

Project No.:     AIO004                                 Funding Acct No.:    103-1000-552-63-97

 

Staff recommends approving Resolution No. 14-1.

 

N.   COMMUNITY DEVELOPMENT (Wayne Clark)

 

Item 26 -        Award of RFSQ #14-07 - Design and Engineering Services for Riverwalk Park and Boardwalk

 

Proposals in response to RFSQ No. 14-07 were received from six firms on November 14, 2013.  On December 3, 2013 City Council waived bid irregularities with two proposers and agreed to hear oral presentations from all six firms. The City Council and CRA held a joint meeting on December 12, 2013 to hear oral presentations and rank the proposers. The resulting #1 ranked firm is Dredging and Marine Consultants, L.L.C. (“DMC”).  Staff recommends award of a base contract with DMC to provide Design and Engineering Services for the Riverwalk Park and Boardwalk to the City of Port Orange pursuant to the City’s Request for Statements of Qualifications (“RFSQ”) No. 14-07.

 

Additionally, Staff recommends approval of Task Authorization No. 1 for Phase A, Task 1: Data Review, Planning, Public Workshop and Conceptual Master Plan Development in an amount not to exceed $37,500.00.

 

Staff further recommends approval of Task Authorization No. 2 for Phase A, Task 2: Engineering, Permitting and Bid Document preparation for a Kayak/Canoe Launch and Boardwalk in an amount not to exceed $58,600.00.

 

Funds are available in the 103 Tax Increment Town Center Fund and the 2004 Capital Improvement Bond Fund for this purpose.

 

Project No.:    AIO004                     

Funding Account No.: 103-1000-552-63-97 & 307-1000-552-63-97

 

Staff recommends the following motions:

 

Motion 1:  Award a base contract with Dredging and Marine Consultants, L.L.C. (DMC) to provide Design and Engineering Services for the Riverwalk Park and Boardwalk to the City of Port Orange pursuant to the City’s Request for Statements of Qualifications (“RFSQ”) No. 14-07, and to authorize the Mayor and City Clerk to sign related contract documents.

 

Motion 2: Approve Task Authorization No. 1 for Phase A, Task 1: Data Review, Planning, Public Workshop and Conceptual Master Plan Development, in an amount not to exceed $37,500.00.

 

Motion 3:  Approve Task Authorization No. 2 for Phase A, Task 2: Engineering, Permitting and Bid Document preparation for a Kayak/Canoe Launch and Boardwalk in an amount not to exceed $58,600.00.

 

O.   CITY ATTORNEY (Margaret Roberts)

 

Item 27 -        City Attorney 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.

 

P.   ADMINISTRATION (Greg Kisela)

 

Item 28 -        Award of Bid #14-06, Disposal of Surplus Real Estate

 

The real property which is the subject of Bid #14-06 was deemed “Surplus” by Res. 13-50 and Res. 13-66 vacated the public “Park” purpose.  Bid #14-06, Disposal of Surplus Real Estate (“Park” Parcel ID# 6314-03-12-0001) was released November 21, 2013 stating a minimum bid of $7,400.00.  One bid was received and Envelopes #1 and #2 were opened December 20, 2013.  The responsive, responsible bid was received from Stephen Gaddis in the amount of $7,405.00. 

 

Staff recommends award of Bid #14-06 to Stephen Gaddis together with authorization to the Mayor and City Clerk to execute a contract, in form similar to the attached, for the sale and purchase of the real property at the bid award amount and according to terms as set forth in the Bid #14-06.

 

Item 29 -        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.

 

Q.   COUNCIL COMMENTS

 

Item 30 -        Comments/Concerns from Council Members

 

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

 

GAK/rlf