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 10, 2009

 

Date:               November 2, 2009

 

 

A.        OPENING

 

Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call

 

 

B.                 SPECIAL RECOGNITION AND PROCLAMATIONS

 

Item 4 -           Recognition of Atlantic High School’s Education and Support Services Academy (ESSA)

 

Thanks to Ms. Kathleen Garvin and twenty-seven talented high school students from Atlantic High School, a new concept for Fire Prevention Week 2009 became a reality.  On October 2nd and 5th-9th from 8 a.m. until 11 a.m., these students took time out of their day to staff seven learning stations on subjects such as crawling low under smoke and recognizing the difference between a tool and a toy.  They did this for kindergarten through 3rd grade at all six elementary schools, an average of 28 classes per school, which means they ended up teaching the same lessons 168 times over the course of six days.  Still, they had the same energy and enthusiasm on the 168th time as the 1st.  Teachers and students alike are singing the praises of this new concept in that it allowed the elementary school students to actively participate. As a result, they will remember these safety lessons well into the future.  Atlantic High School’s ESSA and Ms. Kathleen Garvin are to be commended for their partnership with Port Orange Fire-Rescue and contribution towards the safety of our current and future generations.

 

Staff requests that Council recognize students from Atlantic High School’s Education and Support Services Academy under the direction of Ms. Kathleen Garvin for their outstanding contributions to Fire Prevention Week 2009 at all six elementary schools in Port Orange.

 

 

C.                CITIZEN PARTICIPATION (Agenda)

 

Item 5 -           Port Orange-South Daytona Chamber of Commerce Quarterly Report

 

Debbie Connors, Executive Director of the Port Orange-South Daytona Chamber of Commerce, will make a report to the Council on the Chamber’s activities.

 

 

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

E.                 CONSENT AGENDA

 

Item 6 -           Building Activity Report and Monthly Development Activity Report for September and October, 2009

 

The attached Staff Reports include the Development Activity Report for October, 2009, and the Building Activity Report for September, 2009.  These reports provide information on proposed development and projects under construction, commercial code enforcement activity, and monthly building permits and inspection updates.  Staff recommends acceptance of the reports.

 

Item 7 -           Authorization to Execute SHIP Program Down  Payment Assistance Loan for Carol and Lusia Milevschi

 

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. 

 

Mr. and Mrs. Milevschi have been determined eligible for assistance through the City’s contractor, Mid-Florida Housing Partnership. In addition to approval, Carol and Lusia have attended classes on credit counseling and home ownership, and have met all State regulations for assistance.  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 authorization to execute a SHIP Program down payment assistance loan for Carol and Lusia Milevschi.

 

City Manager’s Comments: If you have a question about this item, please feel free to contact Nancy Jewell.  She will be able to answer your questions on SHIP.

 

Item 8 -           Authorization to Execute SHIP Program Substantial Rehabilitation Assistance Loan for Arthur and Lucy LePri

 

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. 

 

Mr. and Mrs. LePri have been determined income eligible, and the property has been determined eligible to receive substantial rehabilitation assistance.  The proposed substantial rehabilitation includes replacement of the roof.  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 $15,000 and acceptance of a second mortgage and promissory note for the substantial rehabilitation of 1387 Surrey Park Drive, owned by Arthur and Lucy LePri.

 

City Manager’s Comments: If you have questions, please feel free to contact Nancy Jewell.  She will be able to answer your questions.

 

Item 9 -           Sole Source Purchase Contract Renewal with Smith-Loveless

 

Smith & Loveless, Inc. has been providing our wastewater pump station needs successfully for over thirty years. Currently the City owns and successfully maintains approximately one hundred and ten of these pumping stations within our vast wastewater collection network.

 

We have been purchasing replacement lift stations under a long term pricing agreement with them for over ten years now. We have just completed the negotiation of an addendum to this existing long-term agreement with Smith & Loveless, Inc. for an additional five years.  Public Utilities Department Engineering, Maintenance, and Field Operations Staff have met with them to review their cost proposal and agree with the specific pumping equipment features to be included in our future pump station orders.  They are again offering us a similar five-year agreement which includes all of the requested design upgrades which have proven to be cost effective over the years and which best suit our needs and desires for long term low maintenance operations. 

 

The proposed agreement establishes a base price through June 2010 on all of the typical pumping station equipment sizes that we anticipate needing within the next five years. This pricing agreement also has a future price adjustment factor built-in which will again be based on a Producer Price Index as reported and established by the U.S. Dept of Labor.  The Producer Price Index for this industry has been increasing at an average rate of approximately 3.0 – 4% per year over the past five years.  In order to more fully control any possible future price fluctuations, they have also agreed to include a limit on any price changes to 3% either up or down computed annually. We anticipate that through the use of this agreement we will be able to continue to effectively control price escalation on this type of equipment for years to come as well as to provide high quality pumping equipment for continual service to our community.  We request your approval at this time.  The proposed purchase agreement has been attached for your review and approval.

 

Staff recommends that Council approve the Sole Source Purchase and Contract Renewal for an additional five years with Smith Loveless Inc. for pumping stations and to authorize the Mayor and City Manager to sign all required contract documents.

 

Item 10 -        Work Authorization to Professional Pipeline Services for Pigging of Major Sanitary Sewer Force Mains on Williamson, Hensel, Taylor, and Spruce Creek Roads

 

Over the years, we have periodically contracted with Professional Pipeline Services by piggybacking an existing competitively bid contract with Pinellas County, Florida. This currently proposed work authorization will clean (pig) the sewer force mains along Williamson, Taylor, and Spruce Creek Roads to the Reclaimed Water Plant as well as to pig smaller force mains along Hensel Road. This will reduce the existing elevated operating pressures currently experienced in this area, improve force main operating efficiencies, and reduce energy costs on the lift stations operating within the southern half of our City.  This cleaning encompasses approximately 7 miles of pipes over approximately a 1 – 2 week period. To that end, based upon our request, they submitted a written proposal with unit prices at or below the prices contained within their current contract with Pinellas County which we are proposing to piggy-back at this time. Sewage force mains should normally be cleaned every 5–10 years based on many factors in order to insure that excessive grease and sediments do not accumulate and create sewage blockages. Partial or complete sewage blockages can contribute to excessive pipeline pressures which, in turn, may cause pipes and pump station failures. High force main operating pressures also contribute to higher electrical bills and could eventually create overall failures of our sewer collection system.  

           

Professional Piping Services, Inc. has quite successfully completed pipeline rehabilitation work for us countless times over the years. They specialize in the pigging method to clean and rehabilitate pressure mains and are currently the “pigging experts “in this field.  This quote is consistent with and equivalent with the unit pricing provided to us within their existing contract with Pinellas County. 

 

We request your approval at this time to waive the normal purchasing and bidding procedures and issue to Professional Piping Services, Inc. a Purchase Order in an amount not to exceed $57,818 for these required and planned sanitary sewer system rehabilitation efforts. Funds are currently available in the Sewer System Rehabilitation Project #URH001, Account number 421-0401-535.63-97 to cover this required work.

 

Staff recommends that Council authorize a work authorization for $57,818 to be issued to Professional Piping Services, Inc., and waiving the normal bidding procedures, and piggy-backing a competitively bid contract with Pinellas County for sanitary sewer pipeline rehabilitation work and authorizing the Mayor and City Manager to sign and execute all required contract documents.

 

 

F.                 TABLED ITEMS

 

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.

 

 

G.                FINANCE

 

Item 12 -        Resolution No. 09-98 - Budget Appropriations – Budget Encumbrance and Project Carryovers

 

The attached resolution authorizes budget carryovers.  Staff recommends approval.

 

 

H.                 COMMUNITY DEVELOPMENT

 

Item 13 -        Second Reading – Ordinance No. 2009-23 – Amending Chapter 13, Section 3.5 and Chapter 16, Section 3, of the Land Development Code Regarding the Construction of Permanent Screening Walls/Fences and Temporary Construction Fences

 

Staff recommends approval.

 

Item 14 -        Second ReadingOrdinance No. 2009-24 – Amending Chapters 2 and 15 of the Land Development Relating to Signage Requirements

 

Staff recommends approval.

 

 

Item 15 -        First Reading – Ordinance No. 2009-25 - Rezoning and Approving a Master Development Agreement and Conceptual Development Plan – Intracoastal Oasis Marina PCD

 

Attached is a request to rezone 4.5 acres from “GPU” (Government/Public Use) to “PCD” (Planned Commercial Development) and to approve the Master Development Agreement (MDA) and Conceptual Development Plan (CDP).  If the request is approved, the PCD will provide the regulatory framework for the development of a 102-slip marina along with associated infrastructure and stormwater improvements. Please see the attached staff report for more information regarding the proposed PCD and the five policy considerations.

 

Planning Commission Recommendation:      The Planning Commission recommended approval, 7-0, of the rezoning of 4.5 acres from “GPU” (Government/Public Use) to “PCD” (Planned Commercial Development) and the Master Development Agreement (MDA) and Conceptual Development Plan (CDP), subject to the following conditions:

 

1.      City Council approval of the five policy considerations defined in the attached staff report.

2.      Reduce the number of parking spaces provided by at least 25%.

 

Staff Recommendation:   Staff recommends approval.

 

Second Reading:               December 8, 2009

 

Item 16 -        Resolution No. 09-99 - Approving the City of Port Orange Community Development Block Grant (CDBG) Operating and Procedures Manual

 

In March, 2009, the Jacksonville office of the US Department of Housing & Urban Development (HUD) conducted an on-site monitoring of the City’s CDBG Program.  On September 30, 2009, the City received the On-Site Monitoring Review letter that detailed the results of this visit.

 

As part of the follow up, HUD requires the City to create written administrative policies and procedures to ensure that CDBG funds are used in accordance with the program requirements.  HUD requires this corrective action be submitted by the City within 60 days of the On-Site Monitoring Review letter.  The CDBG Operating and Procedures Manual discusses key elements of the CDBG regulations and provides details of the application procedures and basic information regarding eligible and ineligible activities.

 

Staff requests City Council approval of this inaugural manual and authority for the City Manager to approve future modifications as necessary for effective administration and implementation of the CDBG program.

 

Staff recommends that Council approve the attached resolution adopting the City of Port Orange Community Development Block Grant (CDBG) Operating and Procedures Manual, providing authority of the City Manager to approve future modifications as necessary according to regulatory changes and/or internal procedural improvements.

 

I.                     PUBLIC SAFETY

 

Item 17 -        Appeal by Universal Towing Company of Wrecker Service Bid Award (Continued from 11/3/09 Meeting)

 

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

 

City Manager’s Comments: There is a complete file of all documents related to this item in the City Manager’s Office.

 

Item 18 -        Appeal by Fryer’s Towing Service of Wrecker Service Bid Award (Continued from 11/3/09 Meeting)

 

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

 

City Manager’s Comments: There is a complete file of all documents related to this item in the City Manager’s Office.

 

Item 19 -        Bid Award – Wrecker Service (Continued from 11/3/09 Meeting)

 

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.

 

 

J.                  PUBLIC WORKS

 

Item 20 -        First Reading – Ordinance No. 2009-26 - Releasing Beckman Paving, Inc., from Roll-off Franchise Agreement

 

Beckman Paving Inc. is requesting release from their roll-off franchise agreement awarded on October 1, 2009.  A copy of their email request is attached.  Staff recommends that Council approve the attached ordinance releasing Beckman Paving Inc. from the roll-off container agreement effective October 1, 2009.

 

Second Reading:               December 8, 2009

 

Item 21 -        Resolution No. 09-100  - Paving Canalview Boulevard

 

The lowest bid received for paving Canalview Boulevard was submitted by P & S Paving in the amount of $108,813.14.  The stimulus funds of $53,000 fell well short, and staff had recommended the project not proceed.  Since that time, the DOT and Volusia County along with the MPO have awarded the City the additional funds.  The LAP Agreement (copy attached) funds the entire project.  Funds are available in Account No. 30143005415363, POL032.  Staff recommends Council approval of the attached resolution and the LAP Agreement with DOT in order to have P & S Paving proceed with the paving of Canalview Boulevard for a total cost not to exceed $108,813.14.

 

K.                 ADMINISTRATION

 

Item 22 -        Resolution No. 09-101 - Volusia ECHO Grant (Russell Landing Construction)

 

In 2007, the City received a Florida Communities Trust (FCT) grant to fund the acquisition of the Russell property 17 acres.  A requirement of the FCT grant assistance is a canoe/kayak facility on Spruce Creek.  With no public road access to the Russell property, the facility will be a landing.

 

Currently, public access to the historic Spruce Creek is limited.  Besides Volusia County’s Spruce Creek Park on US 1 and Gamble Place, there are no other access points.   In 1999, the City partnered with Volusia County to develop a Blue Ways Paddling Trail for Spruce Creek, which is designated as a State Canoe Trail and an Outstanding Florida Water.

 

Already, the City has received a Florida Inland Navigation District (FIND) grant to build the landing in the amount of $100,000.   The City requests $100,000.00 (50%) from the Volusia ECHO program, and the City will provide a 50% match of $100,000.00 funded by the FIND Grant. 

 

Staff recommends that Council approve the attached resolution authorizing the City Manager to submit a Volusia ECHO Grant application to construct a canoe landing at the Russell Property and to authorize the Mayor and City Manager to execute any agreements or contracts and provide a match.

 

 

L.                  COUNCIL COMMENTS

 

Item 23 -        Comments/Concerns from Council Members

 

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

 

 

 

Kwp/rlg