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

November 3, 2009

 

Date:               October 27, 2009

 

 

A.        OPENING

 

Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call

 

 

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

C.                CONSENT AGENDA

 

Item 4 -           Approval of Minutes

 

Attached are the minutes of the following meetings:

 

a.                  September 1, 2009 – Special City Council Meeting

b.                  September 1, 2009 – Regular City Council Meeting

c.                  September 8, 2009 – Special City Council Meeting

d.                  September 15, 2009 – Special City Council Meeting

e.                  September 15, 2009 – Regular City Council Meeting

f.                    September 22, 2009 – Regular City Council Meeting

 

Staff recommends that Council accept the minutes of the meetings as noted.

 

Item 5 -           Update on Construction Projects

 

Attached is the report on Construction Project.  If you have questions, please contact any of the Project Managers or me.

 

Item 6 -           Update on Recreational Facilities

 

Attached is the report from Parks and Recreation.  If you have questions, please contact either Susan Lovallo or me.

 

Item 7 -           Road Construction Report

 

Attached is the report from Public Works.  If you have questions, please contact either Warren Pike or me.

 

Item 8 -           Authorization to Execute SHIP Program Down Payment Assistance Loan for Mr. Michael Brouillard

 

The State Housing Initiatives Partnership program is a grant that is funded by the State in an effort to assist low and moderate-income individuals with housing needs. 

 

Michael Brouillard has been approved for assistance through the City’s contractor, Mid-Florida Housing Partnership. In addition to approval, Michael has attended classes on credit counseling and home ownership and has met all State regulations for assistance.

 

Funding used for this transaction comes from FY 2007 SHIP distribution and is not subject to the new, lower maximum award limitation approved by City Council beginning with the FY 2009-2012 SHIP Local Housing Assistance Plan.  All contracts and closing statements will be subject to approval by the City of Port Orange Legal Department prior to award of assistance and property closing.

 

Staff recommends that Council authorize a loan up to $60,000 and acceptance of second mortgage and promissory note for the purchase of real property.

 

City Manager’s Comments: Under the State program, Mr. Brouillard meets the requirements for the loan.  There is a certain amount of the State funds that must be allocated to very low income individuals to assist them in acquiring homes.  If you have questions, please call Nancy Jewell.  She can provide you with the information and answer your questions.

 

Item 9 -           Donation of Surplus Computers to Black History Brain Bowl

 

The Black History Brain Bowl is a national non-profit organization started in Volusia County in 2006 by Starr E. Woods.  The goal is to provide educational resources to disadvantaged students.  Every year, the City sends surplus workstations to auction where we receive little or no revenue from the sale.  Although these computers are not the latest and greatest and are at the replacement level for the City, they are still serviceable.  IT recommends donation of four workstations and two laptops.

 

Staff recommends that Council approve donating six computers that would otherwise be surplus and of little or no value to the Black History Brain Bowl.

 

City Manager’s Comments: Ms. Woods classes were part of the Spruce Creek Student Government Program before they were unable to continue them last year because of District Financial problems.  The City has old computers that are offered at auction each year.  What we have found is that the individual machines bring nothing at auction.  Usually, they bundle machine at the end and virtually give them away.  The machines that we are offering to give the group are ones that are updated.  IT has removed all information from the machines and removed all City software.  Tony is recommending that we provide 6 machines to the group. 

 

Item 10 -        Approve Mutual Aid Agreement

 

The Mutual Aid Agreement enables law enforcement agencies within Volusia County to receive and extend mutual aid in the form of law enforcement services and resources to adequately respond to:

 

1.                  Intensive situations including but not limited to emergencies as defined under Section 252.34 Florida Statutes, and

2.                  Continuing, multi-jurisdictional law enforcement problems so as to protect the public peace and safety and preserve the lives and property of the people.

 

This agreement will be effective upon execution until January 1, 2015.  A copy of the Mutual Aid Agreement is attached.

 

Staff recommends that Council authorize the City Manager and Chief of Police to sign the Mutual Aid Agreement pursuant to State Statute that deals with cross jurisdictional law enforcement issues.

 

D.                TABLED ITEM

 

Item 11 -        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; re-tabled 10/6/09)

 

Staff recommends that this item remain on the table.

 

 

E.                 BOARDS AND COMMISSIONS

 

Item 12 -        Reports from Advisory Boards

 

a.                  Environmental Advisory Board

 

A representative of the Environmental Advisory Board will make a report to Council at this time.

 

b.                  Parks and Recreation Advisory Board

 

A representative of the Parks and Recreation Advisory Board will make a report to Council at this time.

 

 

F.                 FINANCE

 

Item 13 -        Resolution No. 09-93 - Budget Appropriations – Budget Project Carryovers

 

At the City’s fiscal year ending September 30, 2009, budget appropriations lapse.  The attached resolution re-establishes the appropriation for funding of AIO008 (City Hall roof) and Project AIO007 (Allen Green Center roof).  Both projects were either not completed or started by the fiscal year end.  This carryover appropriation re-establishes proper budget project funding and budgetary alignment of these projects.

 

Staff recommends that Council approve the attached resolution authorizing budget appropriations and project carryovers.

 

Item 14 -        Resolution No. 09-94  - Budget Appropriations

 

On June 16, 2009, the City Council approved the acceptance of a U. S. Department of Energy, Conservation Block Grant (EECBG).  The attached resolution appropriates budget revenue and expenditures for this grant agreement.  Staff recommends approval.

 

G.                PUBLIC WORKS

 

Item 15 -        Second Reading – Ordinance No. 2009-22 – Release of Non-Exclusive Roll-Off Franchise (Waste Management Services)

 

Staff recommends approval.

 

 

H.                 PUBLIC SAFETY

 

Item 16 -        Appeal by Universal Towing Company of Wrecker Service Bid Award

 

There are two bid protests related to the wrecker service contract.  Each must be considered separately and ruled on by the City Council.

 

Universal is protesting the proposed bid award to A & A.  The Hearing Officer determined that Universal did not meet the pre-qualification requirements and, therefore, could not submit a bid to provide wrecker services.  Attached is their letter.

 

A proper motion:       Uphold the Hearing Officer’s determination that Universal did not meet the specifications on September 21, 2009; or

Determine that Universal met the bid specification requirements on September 21, 2009

 

Item 17 -        Appeal by Fryer’s Towing Service of Wrecker Service Bid Award

 

There are two bid protests related to the wrecker service contract.  Each must be considered separately and ruled on by the City Council.

 

Fryer’s is protesting the proposed bid award to A & A.  The Hearing Officer determined that Fryer’s did not meet the pre-qualification requirements and, therefore, could not submit a bid to provide wrecker services.  Attached is their letter.  Fryer’s protest letter references that the City needed to wait on the State Attorney Letter and FDLE Letter before moving forward on the bids.  Those letters have been received and are included in the package.

 

A proper motion:       Uphold the Hearing Officer’s determination that Fryer’s did not meet the bid specifications on September 21, 2009; or

Determine that Fryer’s met the bid specification requirement on September 21, 2009

 

Item 18 -        Bid Award – Wrecker Service

 

An Invitation to Bid on a re-bid for the City’s Annual Wrecker Service was issued back in April.  One of the requirements of the re-bid was for the bidding firms to be “qualified.”  There was only one firm that the City deemed completely “qualified” and that firm was A & A Automotive.  Protests were made and a protest hearing was held.  During one of the hearings, unflattering allegations were made from one or more of the protesting firms toward the City.  This led the City to request an investigation by the State Attorney’s Office and FDLE into the re-bid.  Subsequently, both FDLE and the State Attorney’s Office ruled and wrote that the investigation did not merit further investigation or that no action regarding this issue would be done.  At that time, the Hearing Office, Mr. Parker, made the decision that the two protests were not withheld, that the only “qualified” firm that met all the bid requirements was A & A Automotive and Wrecker Service, and the bid opening was scheduled.  The City received one bid from the “qualified” firm of A & A Automotive and Wrecker Service in the amount of $5,000 monthly. 

 

Staff recommends that the City Council uphold the decisions by FDLE and the State Attorney’s office along with Mr. Parker’s decision and award the bid to A & A Automotive for their bid as was submitted in the amount of $5,000 monthly.

 

I.                     ADMINISTRATION

 

Item 19 -        Resolution No. 09-95 - Purchase of Property on Spruce Creek Road – Elliott

 

This is one of three properties that we are proposing to acquire at the end of Spruce Creek Road.  Last week, the City Council acquired the first parcel at the end of Spruce Creek Road.  This is the second parcel.  It, too, has frontage on Spruce Creek.  It provides public access to the Creek as well as providing a parcel of land that can be developed into retention to treat stormwater before it is discharged into the Creek.  Attached is the contract as well as the appraisal on the property. 

 

 

Item 20 -        Resolution No. 09-96 - Purchase of Property on Spruce Creek Road – Smith

 

This is the final parcel on Spruce Creek Road.  It is fronts Spruce Creek and provides the access to the Elliott property.  This is part of the overall solution to the Spruce Creek Road drainage.  Attached is the contract as well as the appraisal on the property.

 

Item 21 -        Resolution No. 09-97 – Repealing Resolution No 09-86 and Vacating Utility Easements Located on Part of Lot 4, Lot 5, and Lot 6 of the Harbordale Subdivision (5454 AND 5468 Ridgewood Avenue)

 

The community Development Department has received a request to vacate Utility Easements located on a part of Lot 4, Lot 5, and Lot 6 of the Harbordale Subdivision.  The subject easements were originally written to cover the entire parcels except for where buildings were located for a sanitary sewer pump and service line that are no longer functional.  The property owner has made this request in connection with the desire to clear title to the land for a proposed property sale. 

 

The easement vacation application and legal description have been reviewed for completeness and accuracy.  The area has been inspected with respect to the existence of utility improvements, City Codes, and possible effects to adjacent properties.  There is no currently planned drainage or utility improvements proposed for this area.  The easement s may be vacated, as described in the attached Exhibit “A” and Exhibit “B”, to the extent that they are not being used.

 

Item 22 -        Addendum No. 3 to Stottler Stagg & Associates Contract for Engineering/Architectural Services

 

On November 4, 2008, the City Council authorized staff to negotiate a contract with Stottler Stagg & Associates, Inc., for architectural and engineering consulting services relating to new construction and renovation projects.  The contract approved on March 3, 2009, sets forth standard terms and conditions and requires that projects be authorized by addendum in order to clearly identify the scope of services for each project.  On March 17, the City Council requested the addendum be brought back for reconsideration. 

 

The attached addendum represents the scope of services and fee proposal for the final two original projects: Allen Green Center Re-Roofing in the amount of $29,600 and City Hall Re-Roofing in the amount of $28,800. The scope anticipates bidding both projects together and includes 60% construction plans for pre-qualifying contractors.  The scope also includes the renovations final construction plans, permitting, bid assistance, and construction administration.

 

Both facilities have substantial leaks which are damaging the exterior and interior of the buildings.  Funds for the Allen Green Center Re-Roofing are available in Account No. 106-1000-580-6200, Project No. AIO007.  Funds for the City Hall Re-Roof are available in Account No. 317-1000-580-6397, Project No. AIO008. 

 

Staff recommends that Council approve Addendum No. 3 to the contract with Stottler Stagg & Associates, Inc., dated October 15, 2009, for architectural and engineering services for re-roofing the Allen Green Center and City Hall and to authorize the Mayor and City Manager to execute all associated documents on behalf of the City.

 

City Manager’s Comments: We originally thought we could do a design build project.  However, in order to meet the requirements for design-build, you must have a design professional put together a design criteria package.  By the time you had the design criteria package put together for the roof, you could have the roof design and specifications completed.  What we are proposing to do, however, is to pre-qualify roofing contractors.  What we will do is have the pre-qualified companies receive the 60% plans and make comments before we complete the plans and specifications.  After their comments have been received, then the architect would complete the roof design and specifications and put it out to bid.

 

Item 23 -        Discussion – Proposed Legislation Regarding Ambulance Transport Services

 

Daytona Beach is supporting legislation to be introduced by Representative Dwayne Taylor.  The legislation would expand who could provide transport services in Volusia County.  Currently, only EVAC can provide those services.  Does the City Council desire to support Daytona Beach in this effort?

 

City Manager’s Comments:   Representative Taylor has filed the bill.  As I have stated, the City has not initiated any feasibility studies related to transport service.  In the past, the City has supported the initiative to allow the cities the flexibility to provide service.  However, the economics are different now than when previous City Councils supported legislation that would give cities the opportunity to provide the service.  I am not speaking about the current recession.  I am speaking in terms of reimbursements from Medicare as well as the number of people who have insurance coverage.  If the City Council decides to support legislation, I would encourage you to support it on the grounds of Home Rule authority, not on the grounds that the City of Port Orange would be the provider of the service. 

 

I would be amiss if I did not reiterate that I believe it is time to look at another model, a model that would promote innovation, maintain service levels, and potentially reduce the overall cost for fire, rescue, and ambulance service.  The current duel response model is extremely expensive.  In Volusia County, we have only looked at the duel response model and an individual city response model.  The proposed legislation does not look broadly enough.  It does not recognize the potential for agreements, such as the Fire Departments operating under a first response and a Southeast Volusia Interlocal Agreement providing the service.  Second, it does not recognize the potential of mergers of Departments whose individual city populations have a population of less than 30,000 but,   when combined, create a response area of more than 30,000 people.  The legislation seems to be drafted around the concept of a single city with a population of 30,000 or more being able to provide transport service. 

 

Third, the legislation does not promote nor encourage innovative, efficient, or effective ways of delivering fire, rescue, and ambulance service.  It appears to promote traditional approaches of providing fire, rescue, and ambulance services.  The outcome is a simple redistribution of income with EVAC losing revenue and an individual city gaining income; but the legislation does not necessarily reduce overall expenditures.   

 

J.                  COUNCIL COMMENTS

 

Item 24 -        Comments/Concerns from Council Members

 

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

 

Kwp/rlg