MEMORANDUM

 

 

 

 

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 26, 2008

 

Date:               August 18, 2008

 

 

I have scheduled a shade meeting starting at 5:30 p.m. to be followed by a City Council workshop meeting starting at 6:15 p.m.  The purpose of the shade meeting is to discuss labor negotiations with the following groups: PEA, PBA representing Police Lieutenants, IAFF representing Fire Lieutenants, Paramedics, Driver-Engineers, and Firefighters, and IAFF representing Fire Commanders.  The purpose of the budget workshop is to review the final budget proposal before the first public hearing on Wednesday, September 3. 

 

 

A.                 OPENING

 

Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call

 

B.                 SPECIAL REPORT

 

Item 4 -           Report from KemperSports Management

 

A representative of KemperSports will make a report to Council at this time regarding the Golf Course.

 

 

C.                CITIZEN PARTICIPATION (Agenda)

 

Item 5 -           Request from American Cancer Society for City to Co-Sponsor the Port Orange Relay for Life Event

 

The American Cancer Society has requested the City to co-sponsor their Port Orange Relay for Life event and waive a portion of the associated fees totaling $1,388.05 (list attached) with them paying the rental fee of $120 for rental of the City Center and Amphitheater areas.  This is an annual public event with pledges being taken to benefit the American Cancer Society.  This event will be advertised on TV, radio, and printed material.

 

Staff is seeking Council’s determination regarding sponsorship for the American Cancer Society’s Port Orange Relay for Life event at City Center and the Amphitheater and to waive all fees, with the exception of the $120 rental fee.

 

City Manager’s Comments:  Although the DF states that staff is seeking City Council’s determination regarding waiver of the fees, the City Council has been consistent in stating that fees must be paid.  Last year, the City Council required the March of Dimes to pay $1,000 to use the City facilities including the amphitheater.   The American Cancer Society is an excellent organization and desires support from the community.  In the past, the City Council has encouraged citizens to support and participate in the event.  However, I must recommend to the City Council that the City remain consistent and require payment of the fee.

 

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

E.                 CONSENT AGENDA

 

Item 6 -           Project Managers’ Report

 

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

 

Item 7 -           Change Order No. 2 – Build-Out for Public Safety Building

 

Hall Construction, having been given the revised build-out plans, has submitted their price to construct that build-out.  The price came in at $711,336.  This build out figure includes both the footing adjustment and the FPL cost, the latter of which was not a part of Hall’s original scope.  Hall Construction has requested additional time of 30 days in which to perform this additional work.  C. T. Hsu’s staff has reviewed the submittal and deemed that this is a fair cost for the work to be performed and the additional time is acceptable.  Staff recommends that Council approve and award Change Order No. 2 for this build out in the amount of $730,118 along with the additional time of 30 days. 

 

City Manager’s Comment:  I am recommending that the City Council approve the change order to the Police facility.  This is an excellent price.  Initially, we believed the pricing would be about $1.5 million to complete the Police facility to its ultimate build out.  Hall has requested a 30 day contract extension as well.  This is a reasonable request for the amount of additional work that will be done on this project. 

 

Item 8 -           Approval of Great West Dental Contract Renewal Proposal

 

Attached is Great West Dental’s proposal to renew their contract for the period beginning October 1, 2008, through September 30, 2009.  For the past several weeks, staff has been reviewing and negotiating various options relating to the renewal of the Dental Care Program with Great West.  The original proposal offered by Great West included a 12% increase in premium.  The City was able to work with Great West to bring the proposed increase in premium down significantly to a 5% increase in premium with no change in benefits.  Staff recommends that Council accept the proposal from Great West Dental to renew their contract for the period beginning October 1, 2008, through September 30, 2009.

 

Item 9 -           Approval of Florida Health Care Contract Renewal Proposal

 

For the past several weeks, the City has been reviewing and negotiating various options relating to the renewal of the City’s Health Insurance Program with Florida Health Care (FHC).

 

Several proposals were first offered by FHC.  FHC’s original proposal included a 9.9% increase in premium.  The City was able to work with FHC to bring the proposed increases in premium down significantly.  After further discussions and considering our loss experiences, FHC offered plans that included the following:

 

  • 1.7% increase to the Select VP3 HMO Plan (base plan)
  • 1.6% increase to the Premium Plus HMO Plan
  • 1.6% increase to Premium Plus Triple Option

 

There would be no change in benefits to any of these plans.  Staff recommends acceptance of the Florida Health Care proposal to renew their contract for the period beginning October 1, 2008, through September 30, 2009.

 

City Manager’s Comments:  One of our plans will have a 1.7% increase while the other two will have only a 1.6% increase.  Most of our employees are covered  under the Premium Plus HMO Plan.

 

Item 10 -        Acceptance of Settlement Agreement – June Morrissey vs. City of Port Orange

 

On April 29, 2005, June Morrissey tripped and fell on a misleveled City sidewalk located on Del Rio Drive near the intersection of Delmar Drive.  Ms. Morrissey is 81 years old.  She suffered approximately $12,000 in medical expenses directly related to her fall.

 

At the mediation of this case on August 4, 2008, the case was settled for $15,000, contingent on approval of the City Council.  To date all defense costs have been paid by the City’s insurer.  The settlement, if approved, would be paid by the City.

 

It is the City’s position that the sidewalk was not in a dangerous condition and that plaintiff’s impaired balance caused her fall; however, the cost of trying the case before a jury would exceed the settlement cost, regardless of whether the City prevails.  Further, there is always a risk of trying a case before a jury regardless of the strength of your legal position.

 

Staff recommends that Council authorize the settlement of the June Morrissey vs. City of Port Orange, Case No. 2007-31866 CICI pursuant to the terms set forth in the settlement agreement.

 

Item 11 -        Flu Serum Purchase for 2008 Flu Shot Program

 

Fire & Rescue will be purchasing 1,000 vials of vaccine at $95 per vial (10 shots) from General Injectables Vaccine (GIV).  They are the low price vendor as compared to GlascoSmithKilne (GSK) at $105 per vial and Sanofi Pasteur at $102.40 per vial.

 

Staff recommends that Council approve the purchase of Flu Shot Serum from General Injectables Vaccine (GIV) in the amount of $95,000.

 

City Manager’s Comments:  The Department of Fire and Rescue is once again being pro-active in getting flu serum for the upcoming flu season.  Port Orange continues to be a leader in this program.

 

Item 12 -        Change Order No. 3 – Owner-Provided Items – Public Safety Facility

 

The City identified two large items that would be provided for the Public Safety Facility, thereby saving the sales tax on these items.  Those items were the A/C handlers (Chillers) and the generators.  Hall Construction has obtained quotes for the A/C Units provided by Carrier in the amount of $292,993.10.  The quote for the two bi-fuel generators and related transfer switch is $393,921.00.  This will ultimately save the City a cost of $38,929.10 related to the sales tax savings.

 

Staff recommends that Council approve Change Order No. 3 for deductive changes for the two owner-provided items of the A/C Units (Chillers) and the generators for the Public Safety Facility in the total deductive amount of $686,914.10.

 

F.                 FINANCE

 

Item 13 -        Resolution No. 08-38 - BER

 

The City Staff has completed a review of the Fiscal Year 208 Budget Execution through July, 2008.  The attached budget resolution provides for the recognition of the budget changes recommended form this review.  Staff recommends approval.

 

Item 14 -        Monthly Financial Report

 

Attached is the Monthly Financial Report.  If you have questions, please contact either John Shelley or me.  Staff recommends acceptance of the report.

 

 

G.                COMMUNITY DEVELOPMENT

 

Item 15 -        First Reading – Ordinance No. 2008-24 - Amending Chapter 17, Section 24(b) and Section 27 of the Land  Development Code Relating to Permitted Uses in the LI (light Industrial) Zoning District and the Dimensional Requirements for a PCD or PUD

 

This is a request to amend Chapter 17, Section 24(b), and Section 27 of the City of Port Orange Land Development Code to allow offices as a permitted use within the “LI” (Light Industrial) zoning district and to clearly state that the dimensional requirements for the “PCD” (Planned Commercial Development) zoning districts can be determined by the City through the rezoning process.

 

Planning Commission Recommendation:      the Planning Commission recommended approval 6-0 (Commissioner Barker excused).

 

Staff Recommendation:   Staff recommends approval.

 

Second Reading:   September 17, 2008

 

Item 16 -        Resolution No. 08-39 - Proposed Evaluation and Appraisal Report

 

The State Growth Management Act requires a periodic review and update of adopted local government Comprehensive Plans once every seven years according to a schedule established by State statute.  The EAR presents the findings of the analysis undertaken to evaluate the City’s current Comprehensive Plan and recommends changes based on the analysis.  The proposed EAR is available for public review on the City’s website at:

 

http://www.port-orange.org/inside/inside59.php

 

Planning Commission Recommendation:      The Planning Commission recommends approval 6-0 (Commissioner Barker excused) to transmit the Proposed EAR to the Florida Department of Community Affairs and other review agencies.

 

Staff Recommendation:   Staff recommends approval.

 

H.                PUBLIC WORKS

 

Item 17 -        First Reading – Ordinance No. 2008-25 - Award Roll-Off Franchise Agreement – AAA Fence Company of Daytona Beach, Inc.

 

Staff advertised the non-exclusive franchise agreement for roll-off container service and received eleven submittals.  Under this agreement, vendors are allowed to contract container services within various organizations, firms, or entities within the City of Port Orange for the collection and disposal of construction/demolition debris.  In exchange, the City is paid monthly by each vendor, based on “per pick up” of each container placed in service.  In addition to the monthly contract payment, vendors also provide roll-off containers for City use as specified in the ordinance.  This agreement with AAA Fence Company of Daytona Beach, Inc., will be effective October 1, 2008, through September 30, 2009.

 

Staff recommends that Council approve the attached ordinance granting a non-exclusive franchise for roll-off container service to AAA Fence Company of Daytona Beach, Inc.

 

Second Reading:   September 17, 2008           

 

Item 18 -        First Reading – Ordinance No. 2008-26 - Award Roll-Off Franchise Agreement – Halifax Wrecking Company, Inc.

 

Staff advertised the non-exclusive franchise agreement for roll-off container service and received eleven submittals.  Under this agreement, vendors are allowed to contract container services within various organizations, firms, or entities within the City of Port Orange for the collection and disposal of construction/demolition debris.  In exchange, the City is paid monthly by each vendor, based on “per pick up” of each container placed in service.  In addition to the monthly contract payment, vendors also provide roll-off containers for City use as specified in the ordinance.  This agreement with Halifax Wrecking Company, Inc., will be effective October 1, 2008, through September 30, 2009.

 

Staff recommends that Council approve the attached ordinance granting a non-exclusive franchise for roll-off container service to Halifax Wrecking Company, Inc.

 

Second Reading:   September 17, 2008           

 

Item 19 -        First Reading – Ordinance No. 2008-27 - Award Roll-Off Franchise Agreement – Metro Waste Disposal, Inc.

 

Staff advertised the non-exclusive franchise agreement for roll-off container service and received eleven submittals.  Under this agreement, vendors are allowed to contract container services within various organizations, firms, or entities within the City of Port Orange for the collection and disposal of construction/demolition debris.  In exchange, the City is paid monthly by each vendor, based on “per pick up” of each container placed in service.  In addition to the monthly contract payment, vendors also provide roll-off containers for City use as specified in the ordinance.  This agreement with Metro Waste Disposal, Inc., will be effective October 1, 2008, through September 30, 2009.

 

Staff recommends that Council approve the attached ordinance granting a non-exclusive franchise for roll-off container service to Metro Waste Disposal, Inc.

 

Second Reading:   September 17, 2008           

 

Item 20 -        First Reading – Ordinance No. 2008-28 - Award Roll-Off Franchise Agreement – Russo Sons, Inc.

 

Staff advertised the non-exclusive franchise agreement for roll-off container service and received eleven submittals.  Under this agreement, vendors are allowed to contract container services within various organizations, firms, or entities within the City of Port Orange for the collection and disposal of construction/demolition debris.  In exchange, the City is paid monthly by each vendor, based on “per pick up” of each container placed in service.  In addition to the monthly contract payment, vendors also provide roll-off containers for City use as specified in the ordinance.  This agreement with Russo Sons, Inc., will be effective October 1, 2008, through September 30, 2009.

 

Staff recommends that Council approve the attached ordinance granting a non-exclusive franchise for roll-off container service to Russo Sons, Inc.

 

Second Reading:   September 17, 2008           

 

Item 21 -        First ReadingOrdinance No. 2008-29 - Award Roll-Off Franchise Agreement – Samsula Recycling, Inc.

 

Staff advertised the non-exclusive franchise agreement for roll-off container service and received eleven submittals.  Under this agreement, vendors are allowed to contract container services within various organizations, firms, or entities within the City of Port Orange for the collection and disposal of construction/demolition debris.  In exchange, the City is paid monthly by each vendor, based on “per pick up” of each container placed in service.  In addition to the monthly contract payment, vendors also provide roll-off containers for City use as specified in the ordinance.  This agreement with Samsula Recycling, Inc., will be effective October 1, 2008, through September 30, 2009.

 

Staff recommends that Council approve the attached ordinance granting a non-exclusive franchise for roll-off container service to Samsula Recycling, Inc.

 

Second Reading:   September 17, 2008           

 

Item 22 -        First Reading – Ordinance No. 2008-30 - Award Roll-Off Franchise Agreement – Set Materials, Inc.

 

Staff advertised the non-exclusive franchise agreement for roll-off container service and received eleven submittals.  Under this agreement, vendors are allowed to contract container services within various organizations, firms, or entities within the City of Port Orange for the collection and disposal of construction/demolition debris.  In exchange, the City is paid monthly by each vendor, based on “per pick up” of each container placed in service.  In addition to the monthly contract payment, vendors also provide roll-off containers for City use as specified in the ordinance.  This agreement with Set Materials, Inc., will be effective October 1, 2008, through September 30, 2009.

 

Staff recommends that Council approve the attached ordinance granting a non-exclusive franchise for roll-off container service to Set Materials, Inc.

 

Second Reading:   September 17, 2008           

 

Item 23 -        First Reading – Ordinance No. 2008-31 - Award Roll-Off Franchise Agreement – Southeast Container Service, Inc.

 

Staff advertised the non-exclusive franchise agreement for roll-off container service and received eleven submittals.  Under this agreement, vendors are allowed to contract container services within various organizations, firms, or entities within the City of Port Orange for the collection and disposal of construction/demolition debris.  In exchange, the City is paid monthly by each vendor, based on “per pick up” of each container placed in service.  In addition to the monthly contract payment, vendors also provide roll-off containers for City use as specified in the ordinance.  This agreement with Southeast Container Service, Inc., will be effective October 1, 2008, through September 30, 2009.

 

Staff recommends that Council approve the attached ordinance granting a non-exclusive franchise for roll-off container service to Southeast Container Service, Inc.

 

Second Reading:   September 17, 2008

 

Item 24 -        First Reading – Ordinance No. 2008-32 - Award Roll-Off Franchise Agreement – Veolia ES Solid Waste Southeast, Inc.

 

Staff advertised the non-exclusive franchise agreement for roll-off container service and received eleven submittals.  Under this agreement, vendors are allowed to contract container services within various organizations, firms, or entities within the City of Port Orange for the collection and disposal of construction/demolition debris.  In exchange, the City is paid monthly by each vendor, based on “per pick up” of each container placed in service.  In addition to the monthly contract payment, vendors also provide roll-off containers for City use as specified in the ordinance.  This agreement with Veolia ES Solid Waste Southeast, Inc., will be effective October 1, 2008, through September 30, 2009.

 

Staff recommends that Council approve the attached ordinance granting a non-exclusive franchise for roll-off container service to Veolia ES Solid Waste Southeast, Inc.

 

Second Reading:   September 17, 2008           

 

Item 25 -        First Reading – Ordinance No. 2008-33  - Award Roll-Off Franchise Agreement – Waste Management, Inc., of Florida

 

Staff advertised the non-exclusive franchise agreement for roll-off container service and received eleven submittals.  Under this agreement, vendors are allowed to contract container services within various organizations, firms, or entities within the City of Port Orange for the collection and disposal of construction/demolition debris.  In exchange, the City is paid monthly by each vendor, based on “per pick up” of each container placed in service.  In addition to the monthly contract payment, vendors also provide roll-off containers for City use as specified in the ordinance.  This agreement with Waste Management, Inc., will be effective October 1, 2008, through September 30, 2009.

 

Staff recommends that Council approve the attached ordinance granting a non-exclusive franchise for roll-off container service to Waste Management, Inc.

 

Second Reading:   September 17, 2008

 

Item 26 -        First Reading – Ordinance No. 2008-34 - Award Roll-Off Franchise Agreement – Waste Pro of Florida, Inc.

 

Staff advertised the non-exclusive franchise agreement for roll-off container service and received eleven submittals.  Under this agreement, vendors are allowed to contract container services within various organizations, firms, or entities within the City of Port Orange for the collection and disposal of construction/demolition debris.  In exchange, the City is paid monthly by each vendor, based on “per pick up” of each container placed in service.  In addition to the monthly contract payment, vendors also provide roll-off containers for City use as specified in the ordinance.  This agreement with Waste Pro of Florida, Inc.,will be effective October 1, 2008, through September 30, 2009.

 

Staff recommends that Council approve the attached ordinance granting a non-exclusive franchise for roll-off container service to Waste Pro of Florida, Inc.

 

Second Reading:   September 17, 2008

 

 

I.                    COUNCIL COMMENTS

 

Item 27 -        Comments/Concerns from Council Members

 

At this time, Council Members may discuss various matters of concern.

 

Item 28 -        City Council Committee Reports

 

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

 

 

 

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