To: Mayor Allen Green
Vice Mayor Mary Martin
Councilman Dennis Kennedy
Councilman Robert Pohlmann
Councilman George Steindoerfer
From: Kenneth W. Parker, City Manager
Subject: Agenda Commentary for Regular City Council Meeting of
August 5, 2008
Date: July 29, 2008
Item 1 - Pledge of Allegiance
Item 2 - Silent Invocation
Item 3 - Roll Call
B. BOARD APPOINTMENTS AND INTERVIEWS
One appointment needs to be made to the Environmental Advisory Board to fill the unexpired term of Rob Zicker. The term will expire May 7, 2009. Attached are applications from Brandon Crews and Patrick Yeager who have expressed an interest in serving on this Board.
Two appointments need to be made to the Library Advisory Board with terms to expire on July 18, 2010. Attached are applications from Rosalyn Crotty and Patrick Yeager who have expressed an interest in serving on this Board.
Four appointments need to be made to the Planning Commission with terms to expire on September 1, 2010. The terms of Michael Arminio, Lance Green, George McMasters, and Joan Parker are scheduled to expire and all have expressed an interest in being re-appointed. Also, attached are applications from Brandon Crews and Patrick Yeager who have expressed an interest in being appointed.
C. PUBLIC HEARING
The Five Year Capital Improvement Program (CIP) is a spending plan for capital projects for FY 2008-2009 through 2013-2014. This plan is reviewed and adopted each year. The FY 2008-2009 projects will become part of the proposed Capital budget. Staff recommends approval.
D. SPECIAL RECOGNITION AND PROCLAMATIONS
Shively has served as advisor to the General Employees Retirement System for
over 20 years. Jim has informed staff
that he will be retiring. Attached is a
proclamation recognizing Jim for his many years of service to the City of
Orange Fire and Rescue’s Medical Competition Team was named the 2008
International Clinical Conference (ClinCon) Champions
year, the Florida Fire Chief Association (FFCA) selects a Fire Chief of the
Year for the State of
City Manager’s Comments: On
Sunday, July 27, Tom Weber was recognized by the Florida Fire Chiefs Association
as the Florida Fire Chief of the Year.
The City Manager attended the ceremony.
One of the items noted in the nomination is Tom’s commitment to
mentoring high school students. Tom has
been active in a number of civic organizations, having been recently chosen as
Rotarian of the Year by the Port Orange-South Daytona Rotary Club. He has been active in the Chief’s
Association. Tom acknowledged the men
and women of the Port Orange Fire and Rescue Department as well as the City of
Gerald M. Monahan, Jr., has been selected by the Florida Police Chiefs
Association to serve as the Association President. This professional association is regularly
called upon by the State of
Monahan’s term will end next June. His
selection brings honor and credit not only to Jerry but to the Port Orange
Police Department and the City of
Margaret Roberts has recently completed her term as President of the Florida Municipal Attorneys Association. This professional organization provides municipal attorneys with excellent continuing education and a network of experienced attorneys who are well versed in all aspects of local government law.
be selected to serve as President of the Association is not only a great honor
for Margaret but for the City of
E. CITIZEN PARTICIPATION (Non-Agenda)
F. CONSENT AGENDA
Attached are the minutes of the following meetings:
Special Meeting of June 3, 2008
Regular Meeting of June 3, 2008
Special Meeting of June 17, 2008
Regular Meeting of June 17, 2008
Special Meeting of June 19, 2008
Special Meeting of June 24, 2008
Regular Meeting of June 24, 2008
Staff recommends approval.
Attached is the update on Construction Projects. If you have questions, please contact any of the Project Managers or me.
Attached is the update from Parks and Recreation. If you have questions, please contact Susan Lovallo or me.
Attached is the Road Construction Report. If you have questions, please contact Warren Pike or me.
The cost of the insurance premium for the 2008-2009 Workers’ Compensation Insurance Program will be $437,143, a decrease of $68,571, or-13.6%, under last year’s premium. The cost components of the premium are: Payroll, Rates, and Experience Modification (the average of prior three years of losses compared to industry average).
Payroll +02.9 %
Overall Rate Factor -18.5 %
Experience Modification Factor +02.0 %
Premium -13.6 %
The Risk Manager recommends approval of the renewal of the Workers’ Compensation Insurance Program with FMIT.
Staff recommends that Council approve the selection of Florida Municipal Insurance Trust (FMIT), through Florida League of Cities, Inc., for Workers’ Compensation Insurance Program with a $25,000 per incident deductible and with the coverage period from October 1, 2008 through September 30, 2009. The term of the services with Florida League of Cities, Inc. will be the first option-to-renew year with the contract with FMIT.
This project includes construction of the 43.3+/- acre
Bids were due and opened on July 8, 2008 at 2:30 p.m. Sixteen (16) bids were received from various contractors. City staff, in consultation with the Engineer of Record and Contract Engineer, recommend awarding the bid based upon the alternate pump station wet well (Alternate 1A). With the base bid plus alternate, the initial low bidder was Earthmovers, Inc. with a price of $2,598.538.59. Earthmovers, Inc.’s bid was deemed to be incomplete since they failed to submit required information with their bid including their qualifications, list of subcontractors, previous experience, and insurance requirements.
The second low bid of $2,710,350 was received by The Briar Company. The Briar Company’s bid was initially thought to be incomplete and staff was prepared to recommend the third low bidder; however, after the filing of a formal bid protest and subsequent investigation and findings, it was found that The Briar Company had submitted their required forms, including the bid bond, in a timely fashion at the time of the bid opening and that they were in the possession of the City’s agent the entire time. The Briar Company has indicated that they are fully aware of and prepared to adhere to the City’s timeframe for completing this project and fully understand the project scope and site conditions. Unit prices were evaluated by our engineering consultants and found to be fair and representative of current industry standards. Quentin L. Hampton has verified references and confirmed that The Briar Company has successfully completed projects of similar scope.
The Briar Company, LLC has been determined to be the most responsive, responsible bidder and staff recommends that they be awarded Bid Number B08-14. Funds are available in accounts 415-1800-541-6397 URL005, 405-0401-535-6397 URL005, and 301-4300-541-63-97 URL005.
Staff recommends that Council award Bid Number B08-14 with Alternate 1A to The Briar Company, LLC in the amount of $2,710,350 and to authorize the Mayor and City Manager to execute associated contract documents.
City Manager’s Comments: A bid protest hearing was held. It was determined that the Briar Company’s bid was complete and had the required materials submitted. I rendered an opinion that they met the criteria as the lowest responsive bidder. Therefore, I am recommending that they be awarded the bid including the alternative for the lift station. The actual low bidder had a number of problems with their bid submittal package.
did the site work for the
& Associates, Inc. is currently under contract to perform engineering
services related to the
recommends that Council approve Addendum No. 2 to the agreement with Kimley-Horn & Associates, Inc., dated March 21, 2006,
for revisions to the lift station for the
G. COMMUNITY DEVELOPMENT
We recommend approval.
Item 21 - Second
We recommend approval.
Item 22 - Resolution No. 08-28 - Adopting the City’s Community Development Block Grant FY2008 Action Plan and Submittal of the Adopted Plan to the Department of Housing and Urban Development
The City’s FY2008 Action Plan for use of Community Development Block Grant Funding consists of one activity. The City intends to use the 2008 CDBG entitlement to purchase residential real property to be utilized with approved affordable housing activities.
A public meeting was held on July 22, 2008, during a thirty day public comment period, yielding no additional comments or suggestions to be considered for the “FY2008 Action Plan”. Staff is recommending that the Council approve the City’s CDBG “FY2008 Action Plan” and submittal of the plan to HUD. The City’s must have the adopted plan on file with HUD by August 15, 2008.
Staff recommends that Council approve the attached resolution adopting the City’s “FY2008 Action Plan” and submittal of the adopted plan to HUD
H. PUBLIC UTILITIES
Item 23 - Resolution No. 08-29 - St. Johns River Water Management District (SJRWMD) Proposed Amendment to Rule 40C02.042, Florida Administrative Code (FAC) and Section 17 of the Applicant’s Handbook, Pertaining to the Restrictive Use of Reclaimed Water
The SJRWMD has proposed rule amendments governing the times, days, and permissible amounts for irrigating with reclaimed water. As a long-time partner with SJRWMD and the FDEP with mutual goals of environmental stewardship, the City understands and appreciates the need to develop best management practices (BMP’s) to effectively and efficiently manage all of our water resources, including reclaimed water. However, it is the position of City staff position that each utility system is unique, and requires utility-specific BMP’s to optimize the utilization of the reclaimed water resource. Consequently, we believe that a “one-size-fits-all approach” is counterproductive toward this objective.
If the rule is adopted,
the City of
The proposed amendment directly conflicts
with these goals, and will likely require reclaimed water frequently being
discharged into the
Staff recommends that Council approve the attached resolution opposing the St. Johns River Water Management District’s proposed amendments to Rule 40C-2.042 of the FAC and Section 17 of the Applicant’s Handbook, and to authorize the City Manager to submit documentation to the SJRWMD documenting the City’s official position on said amendments and policies administered by and through the SJRWMD.
I. PUBLIC SAFETY
is a resolution affirming
The initial meetings will include Managers establishing the parameters and scope. Technical groups composed of all stakeholders will then work on identifying potential solutions set to address the parameters and scope.
recommends that Council approve the attached resolution expressing the City’s
commitment to participate in a process to seek efficiencies in Fire,
The recommended motion is to hold the Public Hearing for the Budget on September 3 at 7:00 p.m. in the City Council Chambers and to reschedule the Regular City Council Meeting from September 2 to September 3. The City Council has already taken action on rescheduling the September 17 meeting.
At this time, Council Members may discuss various matters of concern.