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

                        September 22, 2009

 

Date:               September 14, 2009

 

 

A.        OPENING

 

Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call

 

 

B.                 PUBLIC HEARING

 

Item 4 -           Discussion of Final Millage Rate and Operating Budget FY-09/10

 

At the first hearing, the City Council did not make any adjustments to the operating budget or to the proposed millage rate.  In order to fund the City’s Operating Budget, a millage levy of 4.60 mills is required.  The City has advertised in accordance with State Law.  The millage levy as proposed is about 16.7% below the rollback rate.  Department Heads have worked extremely hard to bring this balanced budget to you.  The City’s total budget expenditures are below the City’s operating budget of three years ago. 

  

Item 5 -           Resolution No. 09-75 – Adopting the Final Millage Rate for FY-09/10

 

The attached resolution will approve the Final Millage Rate for FY-09/10.

 

Item 6 -           Resolution No. 09-76 – Adopting the Final Operating Budget for FY-09/10

 

The attached resolution will approve the Final Operating Budget for FY-09/10.

 

Item 7 -           Resolution No. 09-77 – Adopting the Final Capital Budget for FY-09/10

 

The attached resolution will approve the Final Capital Budget for FY-09/10.

 

Item 8 -           Resolution No. 09-78 – Adopting the Final Millage Rate for FY-0910 for Town Center Community Redevelopment Agency

 

The attached resolution will approve the Final Millage Rate for FY-09/10 for Town Center Community Redevelopment Agency.

 

Item 9 -           Resolution No. 09-79 – Adopting the Final Operating Budget and Capital Budget for FY-09/10 for Town Center Community Redevelopment Agency

 

The attached resolution will approve the Final Operating Budget and Capital Budget for FY-09/10 for Town Center Community Redevelopment Agency.

 

Item 10 -        Resolution No. 09-80 – Adopting the Final Millage Rate for FY-09-10 for Eastport Community Redevelopment Agency

 

The attached resolution will approve the Final Millage Rate for FY-09-10 for Eastport Community Redevelopment Agency.

 

Item 11 -        Resolution No. 09-81 – Adopting the Final Operating and Capital Budget for FY-09-10 for Eastport Community Redevelopment Agency

 

The attached resolution will approve the Final Operating and Capital Budget for FY-09/10 for Eastport Community Redevelopment Agency.

 

C.                SPECIAL REPORT

 

Item 12 -        Report from KemperSports Management

 

A representative of KemperSports Management will make a report to Council regarding the Golf Club at Cypress Head at this time.

 

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

E.                 CONSENT AGENDA

 

Item 13 -        Project Managers’ Report

 

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

 

Item 14 -        Special Event Request – The Last Resort Bar; Best Cars; Port Orange RV and Hunt for Cars

 

Al Bulling, owner of the Last Resort Bar, 5812 Ridgewood Avenue, requests approval for a Special Event to be held during Biketoberfest 2009. The proposed event is planned for a seven (7) day period from Monday, October 12, through Sunday, October 18, 2009. The requested hours for the event are from 8:00 a.m. to 2:00 a.m., daily. The event is planned for the property currently occupied by the Bar, the property to the south, Best Cars at 5816 Ridgewood Avenue, Port Orange RV at 5858 Ridgewood Avenue, and to the north, Hunt for Cars, at 5796 Ridgewood Avenue. 

 

Normal operations of the Bar will continue with Mr. Bulling requesting 40 vendors being placed between the properties.    Vendors are required to obtain a Temporary Merchant License from the City for $250 to participate in this event.  The outdoor activities for this event are intended to target the crowd attending Biketoberfest 2009, including the sale of T-shirts, leather, bike accessories, food, and alcohol. Other outside activities proposed for the event include live outdoor music and creamed corn wrestling, which will be held on Thursday, October 15, 2009, from 3:00 p.m. until 5:00 p.m.  An all day Chopper show is proposed for Saturday, October 17, 2009.  Port-o-let facilities are proposed for the event, along with private security provided by the Bar. No additional temporary signage has been requested in association with the event.

 

Chapter 42, Article IV. Noise Regulations, Section 42-80.  General Restrictions of the City of Port Orange Code of Ordinances describes the acceptable sound level limit dBA.  The ambient noise level of the Special Event exceeds the acceptable sound level limit dBA.  It shall be the responsibility of the permit holder to monitor for noise violations.  Any noise complaints shall be verified by a Code Compliance Inspector or Police Officer and dealt with accordingly.  A warning shall be issued and if not corrected or the violation recurs, the Special Event may be terminated.  All previous noise violations will be taken into account before permitting future events.  Based on the City Council’s previous approvals for Bike Week 2009, it is staff’s understanding that all outdoor music shall cease by 10:00 p.m.

 

The subject proposal has been reviewed by the Police, Fire, and Community Development Departments. These Departments had several comments, which are included in the comments listed below.

 

This event is being held in conjunction with the community-wide special event, Biketoberfest 2009, with recognized dates of October 15 through October 18, 2009.  This is the second Special Event for the Last Resort in 2009.

 

The Port Orange Code of Ordinances prohibits the serving of alcohol outdoors and indoors past 2:00 a.m.

 

The applicant submitted a detailed plan showing the locations of vendors, restroom facilities, and parking for automobiles and motorcycles.  Any areas not clearly marked should be delineated with a four (4)-foot high orange construction fence or other type of barrier.

 

Code Violations

There were no apparent code violations at the time of the pre-inspection.

 

Special Notes

Staff has noted the good performance of the applicant in clean-up after previous events; therefore, we have recommended that the surety bond fee be waived.  The applicants have expressed their appreciation.

 

Please note that in Mr. Bulling’s attached letter of request, he asks for the outside music time frame to be extended one (1) hour (until 11:00 p.m.) on October 16 and 17, 2009, the last two (2) nights of Bike Week.

 

Staff recommends approval of the Last Resort Bar Special Event request, subject to the following twenty-five (25) conditions:

 

1.            Hours for the event shall be from 8:00 a.m. to 2:00 a.m.  The applicant also shall not serve alcohol indoors or outdoors past 2:00 a.m., as required by the Code of Ordinances.

2.      Where fences are required to delineate outdoor alcohol serving areas, as well as parking areas for automobiles, motorcycles, and the handicapped, a four (4)-foot high orange construction fence shall be erected to enclose the event area. All fencing must be in place prior to the site inspection for the event.

3.      All outdoor cooking equipment involving liquefied petroleum gas and/or storage cylinders shall comply with NFPA #58 Liquefied Petroleum Gas Code and be approved by the Fire Marshal.

4.      A copy of the applicant’s liquor license for outdoor sales of alcohol during this event shall be obtained from the Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, prior to the event.

 

5.      The applicant shall be responsible for all participating vendors with respect to any permit conditions which may be imposed during permit approval or compliance with applicable state, county, and city laws, rules, regulations, codes, and ordinances.  Therefore, the applicant must screen all participating vendors to ensure compliance with but not limited to the following:

a.            Article VI of Chapter 18 of the City Code of Ordinances relating to peddlers and transient merchants.

b.            Temporary event permits issued by the Department of Business and Professional Regulation, Division of Hotels and Restaurants for all food vendors.

c.            Required liquor license for a temporary event shall be obtained from the Department of Business Regulation, Division of Alcoholic Beverages and Tobacco.

d.                        Coordination with the Port Orange Police Department, Volusia County, and/or the Florida Department of Transportation with respect to traffic control devices or plans.

e.                        Provisions and Standards of the City’s Body Art Ordinance, as adopted May 18, 1999.

f.                          Provisions and Standards of the City’s Sexually Oriented Businesses Code, as adopted June 3, 1997.

g.                        Special Event Fee Resolution 02-3 establishing $250.00 Temporary Merchant Fee, as adopted January 29, 2002.

6.            Tents used in conjunction with this event shall comply with the requirements set forth in NFPA #102 Standards for Tents and Membrane Structures.  Tents or canopies cannot be erected more than forty-eight (48) hours prior to the event and must be removed within twenty-four (24) hours after the duration of the event.  All          tents/canopies must maintain at least two (2) exitways in an unobstructed fashion to   allow for a continuous path of travel.

7.    If any outdoor lighting or other structural features are to be installed in association with this event, the applicant shall obtain the proper Building Permits from the Community Development Department. Such lighting must be a minimum of twenty (20) foot candles in power to provide a safe environment at night.

8.      Temporary electrical service shall be installed by a certified electrician and shall comply with Article 527 of the NFPA #70 National Electrical Code.  This includes (F) Lamp protection:  All temporary lamps shall be protected from accidental contact or breakage by a suitable fixture or lampholder with a guard.

9.            Fire extinguishers shall be provided as outlined in accordance with the NFPA #10 Standard for Portable Fire Extinguishers.

10.       All exits and means of egress shall remain accessible and unobstructed, and it shall be the responsibility of the applicant to maintain access for emergency vehicles.

11.       The applicant shall provide eight (8) port-o-let facilities, with four (4) for females and four (4) for males, during the event. A minimum of five percent (5%) of the portable toilets, but no less than one (1) for each sex, shall comply with Section 4.22 or 4.23 of the Florida Accessibility Code, i.e., must be handicapped-accessible.

12.    All areas being used for this function shall be handicapped-accessible. Handicapped parking is to remain open and accessible for this event.  Vehicle areas, including parking, shall be physically separated from pedestrian areas.

13.       Tripping hazards shall be removed or isolated from pedestrian traffic.

14.       Based on the City Council’s previous approvals for Bike Week 2009, it is staff’s understanding that all outdoor music shall cease by 10:00 p.m.  Applicant shall take care in the placement of speakers for amplified music by adjusting them away from residential areas.

15.    Additional private security shall be hired for the duration of the event. 

16.    If there are calls for police service, or if security threats develop, the Police Department shall require additional officers to provide security for this event. The additional officers will be hired at the applicant's expense at $27.00 per hour with a minimum of three hours.

17.    The applicant will hire a police officer to cross pedestrians and monitor congestion during periods of heavy traffic flow while the event traffic plan is in operation.  The anticipated dates, times, and charges for such detail and traffic control devices will be agreed upon by the applicant and the Police Department and paid to the City prior to issuance of the permit. 

18.    The City's Code of Ordinances prohibits the exposure of any sexual organs at commercial establishments that serve alcoholic beverages. Furthermore, the Florida Statutes prohibit any type of public nudity at such an event.

19.    A temporary sign permit shall be required for the one (1) banner permitted for this event.  Application shall be submitted by October 1, 2009.

20.   No trees shall be removed and the sidewalk shall remain unobstructed at all times.              Any sod that is damaged where vendors are placed shall be repaired.  

21.   The applicant shall contact the Community Development Department to schedule an             inspection of the property prior to the start of the event to ensure that the                             construction fence and any canopies or tents are well secured and that all other                  safety measures are in place.

22.    Any disturbance of public right-of-way shall be the sole responsibility of the applicant.

23.       It is the applicant’s responsibility to contact the Community Development Department for an inspection of debris removal within 48 hours after the event.  Pending the Council’s waiver of the surety bond fee, failure to properly remove debris and restore site to its original condition could require the deposit of a surety bond on any future permits.

24.       No more than the requested 40 vendors shall be on this site.

25.       Bar shall comply with the approved maximum occupancy requirements within the confines of the bar.

 

Item 15 -        Special Event Request – First Turn Steakhouse

 

Mr. Rick Hilliard, owner of the First Turn Steakhouse & Lounge, 5236 Ridgewood Avenue, requests approval for a Major Special Event to be held during Biketoberfest 2009.  The proposed event is planned for a seven (7) day period from Sunday, October 11, through Saturday, October 17, 2009.  The requested hours for the event are from 11:00 a.m. to 2:00 a.m., daily.

 

The event is proposed for the entire site of the First Turn Lounge and the parking lot of 5204 Ridgewood Avenue, Mr. Hilliard’s adjacent business property.  Six (6) vendors have been requested and may be in place throughout the site.  Vendors are required to obtain a Temporary Merchant License from the City for $250 to participate in this event.  Normal operations of the lounge will continue. The outdoor activities for this event are intended to target the crowd attending Biketoberfest 2009 and will include the sale of such items as T-shirts, leather, bike accessories, food, and alcohol. Live outdoor music is proposed at the permanently licensed Tiki Bar.  Port-o-let facilities are proposed for the event, along with private security provided by the Bar.  No additional temporary signage has been requested in association with the event. Additional parking is available at 5204 Ridgewood Avenue as depicted on the attached site sketch.

 

Chapter 42, Article I. Noise Regulations, Section 42-80.  General Restrictions of the City of Port Orange Code of Ordinances describes the acceptable sound level limit dBA.  The ambient noise level of the Special Event exceeds the acceptable sound level limit dBA.  It shall be the responsibility of the permit holder to monitor for noise violations.  Any noise complaints shall be verified by a Code Compliance Inspector or a Police Officer and dealt with accordingly.  A warning shall be issued and if not corrected or the violation recurs, the Special Event may be terminated.  All previous noise violations will be taken into account before permitting future events.  Based on the City Council’s previous approvals for Biketoberfest 2009, it is staff’s understanding that all outdoor music shall cease by 10:00 p.m. 

 

The subject proposal has been reviewed by the Community Development, Police, and Fire Departments.  These Departments had several comments, which are included in the conditions listed below.

 

This event is being held in conjunction with the community-wide special event, Biketoberfest 2009, with recognized dates of October 15-18, 2009.   This is the second Special Event for The First Turn Steakhouse & Lounge in 2009.

 

Code Violations

There were no apparent code violations at the time of pre-inspection.

 

Special Note

Staff recommends that the surety bond fee be waived.  The site is kept in good order with no apparent trash or debris problems. The applicant has expressed his appreciation.

 

Recommendation

Staff recommends approval of the First Turn Lounge’s Major Special Event request, subject to the following twenty-five (25) conditions:

 

1.      Hours for the event shall be from 11:00 a.m. to 2:00 a.m.   The applicant also shall not serve alcohol indoors or outdoors past 2:00 a.m., as required by the Code of Ordinances.

 2.     Where fences are required to delineate outdoor alcohol serving areas, as well as parking areas for automobiles, motorcycles, and the handicapped, a four (4)-foot high orange construction fence shall be erected to enclose the event area. All fencing must be in place prior to the site inspection for the event.

3.      All outdoor cooking equipment involving liquefied petroleum gas and/or storage cylinders shall comply with NFPA #58 Liquefied Petroleum Gas Code and be approved by the Fire Marshal.

4.      A copy of the applicant’s liquor license for outdoor sales of alcohol during this event shall be obtained from the Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, prior to the event.

5.      The applicant shall be responsible for all participating vendors with respect to any permit conditions which may be imposed during permit approval or compliance with applicable state, county and city laws, rules, regulations, codes, and ordinances.  Therefore, the applicant must screen all participating vendors to ensure compliance with but not limited to the following:

a.            Article VI of Chapter 18 of the City Code of Ordinances, relating to peddlers and transient merchants.

b.              Temporary event permits issued by the Department of Business and Professional Regulation, Division of Hotels and Restaurants for all food vendors.

c.            Required liquor license for a temporary event shall be obtained from the Department of Business Regulation, Division of Alcoholic Beverages and Tobacco.

h.                        Coordination with the Port Orange Police Department, Volusia County, and/or the Florida Department of Transportation with respect to traffic control devices or plans

i.                          Provisions and Standards of the City’s Body Art Ordinance, as adopted May 18, 1999.

j.                           Provisions and Standards of the City’s Sexually Oriented Businesses Code, as adopted June 3, 1997.

k.                        Special Event Fee Resolution 02-3, establishing $250.00 Temporary Merchant Fee, as adopted January 29, 2002.

 

6.      Tents or canopies being used in association with this event shall comply with the requirements set forth in NFPA #102 Standards for Tents and Membrane Structures. Tents or canopies cannot be erected more than forty-eight (48) hours prior to the event and must be removed within twenty-four (24) hours after the duration of the event.  All tents/canopies must maintain at least two (2) exitways in an unobstructed fashion to allow for a continuous path of travel.

7.      If any outdoor lighting or other structural features are to be installed in association with this event, the applicant shall obtain the proper Building Permits from the Community Development Department. Such lighting must be a minimum of twenty (20) foot candles in power to provide a safe environment at night.

8.      Temporary electrical wiring shall be installed by a certified electrician and shall comply with Article 527 of the NFPA #70 National Electrical Code.  This includes (F) Lamp protection:  Any temporary lamps shall be protected from accidental contact or breakage by a suitable fixture or lampholder with a guard.

9.            Fire extinguishers shall be provided as outlined in accordance with the NFPA #10, Standard for Portable Fire Extinguishers.

10.       All exits and means of egress shall remain accessible and unobstructed, and it shall be the responsibility of the applicant to maintain access for emergency vehicles.

11.       The applicant shall provide four (4) port-o-let facilities, with two (2) for females and two (2) for males during the event. A minimum of five percent (5%) of the portable toilets, but no less than one (1) for each sex, shall comply with Section 4.22 or 4.23 of the Florida Accessibility Code, i.e., must be handicapped-accessible.  Handicapped- accessible restrooms are available in the Lounge.

12.    All areas being used for this function shall be handicapped-accessible. Handicapped parking is to remain open and accessible for this event.

13.    Tripping hazards shall be removed or isolated from pedestrian traffic.  Vehicle areas, including parking, shall be physically separated from pedestrian areas.

14.    Based on the City Council’s previous approvals for Biketoberfest 2008, it is staff’s understanding that all outdoor music shall cease by 10:00 p.m.  Applicant shall take care in the placement of speakers for amplified music by adjusting them away from residential areas.

15.    If there are calls for police service, or if security threats develop, the Police Department shall require additional officers to provide security for this event. The additional officers will be hired at the applicant's expense at $27.00 per hour with a minimum of three hours.

16.    The applicant can opt to hire a police officer to cross pedestrians and monitor congestion during periods of heavy traffic flow, while the event traffic plan is in operation.  The anticipated dates, times, and charges for such detail and traffic control devices will be agreed upon by the applicant and the Police Department and paid to the City prior to issuance of the permit. 

17.    The City's Code of Ordinances prohibits the exposure of any sexual organs at commercial establishments that serve alcoholic beverages. Furthermore, the Florida Statutes prohibit any type of public nudity at such an event.

18.    A temporary sign permit shall be required for the one-(1) banner permitted for this event and shall be applied for by October 1, 2009.

19.    No trees shall be removed and care shall be taken to protect landscaped areas.         

20.   The applicant shall contact the Community Development Department to schedule an inspection of the property prior to the start of the event to ensure that the

construction fence and any canopies or tents are well secured, and that all other safety measures are in place.

21.    Any disturbance of public right-of-way shall be the sole responsibility of the applicant.

22.   It is the applicant’s responsibility to contact the Community Development Department for an inspection of debris removal within 48 hours after the event.  Pending the                  Council’s waiver of the surety bond fee, failure to properly remove debris and restore site to its original condition could require the deposit of a surety bond on any future             permits.

23.   No more than six (6) vendors shall be on this site.

24.  Signs stating “No Alcoholic Beverages Beyond This Point” shall be placed between 5204 and 5236 Ridgewood Avenue.

25. Lounge shall comply with the approved maximum capacity occupancy requirements within the confines of the lounge.

 

Item 16 -        Waiver of Bid Procedure and Award of Contract for Biological and Hydrological Monitoring in Central Wellfield to Biological Consulting Services

 

Since the initial installation of water production wells in the Central Wellfield in 1987 to the present day expansion of the 175-acre reclaimed water reservoir and wetland mitigation banking, the firm of Biological Consulting Services (BCS) has provided all biological and hydrological data collection, report preparation, and subsequent submittals on behalf of the City to the SJRWMD, FDEP, and ACOE required for regulatory compliance.  BCS has also assisted in negotiation of regulatory agency permit conditions and subsequent revisions thereafter. 

           

For the first time ever, BCS’s proposal for services in FY10 exceeds the City’s own self-imposed $25,000 bid threshold.  This would not be the case if the City eliminated its own voluntary vegetative monitoring at an additional cost of approximately $10,000.  However, the Public Utilities Department strongly recommends against such a change. 

           

As background, CUP’s of the SJRWMD issued in the 1990’s mandated vegetative monitoring based on a theory that well pumping was drying up wetlands.  Subsequently, the data revealed that no statistically significant relationship exists between “changes in vegetation” and “water production well pumping.”  As a result, SJRWMD shifted completely away from vegetative monitoring in favor of hydrological monitoring with the 2001 CUP renewal. 

 

Nonetheless, the Public Utilities Department voluntarily elected to continue to perform vegetative monitoring, albeit at a reduced frequency, for continuity of developing sound scientific data to refute the District’s position.  It remains our contention that responsible management practices, such as rotating the pumping of the 27 central water wells, does not result in any detrimental effect on the surficial aquifer and associated wetland systems.   

           

Contracting with BCS maintains the consistency and integrity of the data collection in the field and the subsequent analyses. It also ensures that the ultimate submittal to the regulatory agencies is consistent with previous submittals.  Ultimately, because of BCS’s unique hands-on history in the development of these lands for the purposes described, having them continue to perform these services provides confidence that the City will continue to comply with all regulatory permits associated with water production, reclaimed water recharge, and storage.  Thus, the Public Utilities Department is recommending waiving bidding procedures and awarding of a purchase order to BCS in the amount of $30,800.00.  Funding for these services is budgeted in the 401-0900-536-3113 account.

 

Staff recommends that Council approve the bid waiver and award the contract for biological and hydrological monitoring services for the Central Wellfield to Biological Consulting Services.

 

Item 17 -        Bid Award – Cooperative Purchase of Bulk Chemicals

 

The City of Port Orange has again, this year, joined several local municipalities in a cooperative bid for the purchase of bulk chemicals.  Bid tabulations are attached.  A comparison of bid prices versus current prices is as follows:

Chemical                                          FY2009 Price               FY 2010 Bid Price (Vendor)

Liquid Chlorine 150lb Cylinders

$   49.90/cyl

$   56.50/cyl. (JCI Jones Chemicals Inc)

Bulk Quicklime

$ 177.77/ton

$ 187.39/ton (Carmuse Lime & Stone)

Hydrofluosilisic Acid    

$ 460.00/ton

$ 664.00/ton (Harcross Chemicals, Inc)

Anionic Polymer

$ 382.50/drum

$ 301.50/drum (Polydyne, Inc)

Liquid Sodium Hypochlorite

$     0.82/gal

$     0.649/gal. (Allied Universal Corp)

Methanol

$     2.79/gal

$     2.249/gal. (Whitaker Oil Co.)

Micro CG (Alternate to Methanol)

No Bid Requested

$     2.48/gal (Environmental Operating Solutions)

Polyaluminum Chloride

$     0.178/lb

$     0.180/lb.  (CedarChem,LLC)

Liquid Sodium Bisulfate

$     0.20/lb

$     0.1734/lb (Thatcher Chemical of Fl)

Liquid Carbon Dioxide*

$ 148.00/ton

$ 148.00/ton (Airgas Carbonic)

The water treatment facility utilizes bulk quicklime for water softening purposes and hydrofluosilic acid for fluoride treatment.  Assuming no significant change in water production quantity, annual costs for these chemicals is expected to increase by approximately $35,000 in FY2010.

Fortunately, however, a significant unit price decrease in liquid sodium hypochlorite could result in a savings of approximately $60,000 in FY2010.  Liquid sodium hypochlorite is utilized as a disinfectant in water and wastewater treatment.  Based on the new bid pricing and assuming no significant change in water and wastewater production from the current year, total chemical costs could potentially decrease between $25,000 and $30,000 in FY2010.

No vendor provided a bid to the City of Port Orange for liquid carbon dioxide for FY2009-10.  However, the existing vendor, Airgas Carbonic, has agreed to extend its current contract through FY2009-10 under the same pricing, terms and conditions. 

        

Staff recommends award as listed above representing the most responsible, responsive bidders.

 

Staff recommends that Council approve bid award to the low bidder (vendor indicated in parenthesis) for each of the bulk chemicals listed, and authorize the Mayor and City Manager to execute contract documents on behalf of the City.

 

Item 18 -        Bid Award – Concession Stand Services

 

Previously, bids were solicited for concession stand services.  The lone bid received was rejected and staff was requested to revise the specifications and rebid.  This is the revised rebid for the concession stand services.  Again, only one bid was received.  The one bid was from His “N Hers Catering Services, which is the firm that currently provides the services.  That bid was for $350.00 per month for each sport of which there are three.  This would bring in a total revenue of $1,050.  Staff recommends that Council approve and award these services to His ‘N Hers for the above-mentioned bid.

 

Item 19 -        Bid Award – Miscellaneous Irrigation Supplies for Warehouse

 

Bids were solicited for the annual usage of miscellaneous irrigation supply items acquired for the Public Utilities warehouse.  The City received six bids.  The lowest bid received was from John Deere Landscape Inc.  Staff recommends that Council award this acquisition to John Deere Landscape Inc. for their bid as submitted.

 

Item 20 -        Bid Award – Ford Brass Items for Warehouse

 

Bids were solicited for the annual usage of miscellaneous irrigation supply items acquired for the Public Utilities Warehouse.  The City received three bids.  The lowest bid received was from Ferguson Inc.  Staff recommends that Council award his acquisition to Ferguson Inc. for their bid as submitted.

 

Item 21 -        Bid Award – Schedule 40 (PVC) Items for Warehouse

 

Bids were solicited for the annual usage of miscellaneous schedule 40 (PVC) items acquired for the Public Utilities Warehouse.  The City received five bids.  The lowest bid received was from Coast Pipe.  Coast Pipe happens to be the City’s current supplier.  Staff recommends that Council award this acquisition to Coast Pipe for their bid as submitted.

 

Item 22 -        Wrecker Service Agreement Extension

 

Protests were made on the most recent Wrecker Service Agreement Bid.  The City Manager requested both the State Attorney’s Office and FDLE do an investigation.  The State Attorney’s Office has declined to investigate any further, and the City has not heard back from FDLE to date.  The current extension expires on September 30, 2009.  Staff is requesting another extension for up to three months or until the City hears back from FDLE.  The extension is the A & A Automotive and Wrecker Service and is at the rates of the last awarded bid.

 

Staff recommends that Council award the contract extension for up to three months for the Annual Wrecker Services.

 

City Manager’s Comments:  This will be the third extension to the Wrecker Services agreement.  The City is still waiting for a report from FDLE related to a bid protest filed by two vendors.  The State Attorney’s Office has told staff that they are declining to investigate the allegations made by the vendors during the protest hearing.

 

Item 23 -        Canalview Boulevard Paving/Stimulus Funds

 

The City of Port Orange was awarded $53,000 in Federal stimulus funds to pave Canalview Boulevard.  Bids were received on September 1 and submittals ranged from a low of $108,813.14 to the high of $158,089.10.  If the City was to pave this roadway without the use of stimulus funds, it would cost approximately $48,000.  The extensive bid package and 35 page addendum that are a requirement of the stimulus funds are available for review.

 

Since the City was only awarded $53,000 in stimulus funds for the paving of Canalview Boulevard, staff is recommending the money be returned and not proceed with the project.

 

Item 24 -        Award the City’s Purchase of Fuel to Mansfield Oil, Glover Oil, and Watkins Oil

 

The City of Port Orange participated in a cooperative fuel bid along with Volusia County, Volusia County School Board, and several other area cities.  The bid has subsequently been awarded by Volusia County to three vendors.  Those three vendors are:  Mansfield Oil for the OPIS Average; Glover Oil for the OPIS Low; and Watkins for OPIS Low.  Watkins is a broker but handles short drops which will cover the City’s Public Utilities Divisions.  This bid is for every day fuel acquisition and not for emergency fuel, which is currently out on the street.  Staff recommends that council award this bid as stated above.  Fuel acquisition is budgeted in each of the using Department’s operating budgets.

 

Staff recommends that Council approve the purchase of the City’s fuel from the cooperative bid with Volusia County to Mansfield Oil, Glover Oil, and Watkins Oil companies.

 

Item 25 -        PFM Consent to Deemed Assignment of Investment Advisory Agreement

 

The PFM Holding Company has sold part of its ownership to ICV Capital Partners.  The City has an agreement with a subsidiary company or PFM Asset Management, LLC.  Because of our agreement, they have requested that we formally consent to this change in ownership.  City assets, liability exposure, or provider personnel will not change City Staff and Investment Committee recommends approval.

 

Item 26 -        Approve PEA Agreement

 

The City has reached tentative agreement with the PEA.  You have received a summary of the agreement as well as a detailed copy of the proposed contract.  I am recommending approval of the PEA Agreement as presented.

 

City Manager’s Comments:  The PEA is voting on the contract.  It is anticipated that a final decision will be made by the PEA prior to Tuesday night’s City Council Meeting.  Should the vote be against the ratification of the contract for some reason or if the Union was unable to complete the voting, I will ask the Council to remove the contract from your consideration.

 

Item 27 -        “Piggyback” State Contracts

 

Information Technology utilizes several State of Florida contracts for their acquisitions.  These items and their corresponding contracts are listed on the attached page for your review.  Staff recommends that Council approve the “piggybacking” of these contracts for the upcoming fiscal year.

 

F.                 TABLED ITEMS

 

Item 28 -        Second Reading – Ordinance No.  2009-4 – Repeal Ordinance No. 2008-19 Small Scale Future Land Use Amendment- Summit Golf Center (Tabled 4/28/09; re-tabled 7/28/09)

 

Staff recommends that this item remain on the table.

 

G.                FINANCE

 

Item 29 -        Second Reading – Ordinance No. 2009-18 – Amending Chapter 54, Article VI of the Code of Ordinances Relating to the General Employees Retirement System Contributions and Benefits

 

Staff recommends approval.

 

Item 30 -        Monthly Financial Report

 

Attached is the Monthly Financial Report.  If you have questions, please contact either John Shelley or me.

 

H.                 PARKS AND RECREATION

 

Item 31 -        Discussion – Adult Center and Concession Building

 

Attached are the plans for both the Adult Center and the Coraci Concession Building.  The Adult Center renovations are funded from the City’s Community Development Block Grant proceeds and the Concession Building is a requirement of a grant received from Volusia County.  The Concession Building has to be completed by the end of March.

 

I.                     ADMINISTRATION

 

Item 32 -        Authorization of Change Order in the Amount of $3,293.00 for SHIP Rehabilitation at 121 Wimbledon Court (Continued from 9/15/09)

 

This item was continued from the September 15, 2009, Council Meeting.

 

On December 2, 2008, City Council approved selection of low bidder, R/J Group, Inc., to provide general contractor services for a SHIP housing rehabilitation at 121 Wimbledon Court in the amount of $35,999.00.  SHIP guidelines permit maximum award of up to $40,000.00 for the SHIP rehabilitation strategy. 

 

It has been determined that a change order in the amount of $3,293.00 is necessary because the original bid submitted by R/J Group did not contain pricing for the purchase of the shingles necessary to replace the roof.  The original bid by R/J Group included all other expenses relating to the roof replacement except the cost of shingles.  Shingles that were to have been donated to this project through Builders Care, a non-profit subsidiary of the Home Builders Association, were not provided.

 

Staff recommends that Council approve the attached change order in the amount of $3,293.00 for additional rehabilitation costs associated with SHIP rehabilitation of the home located at 121 Wimbledon Court.

 

 

J.                  COUNCIL COMMENTS

 

Item 33 -        Comments/Concerns from Council Members

 

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

 

Item 34 -        City Council Committee Reports

 

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

 

 

 

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