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 7, 2010
Date: August 30, 2010
There are no early meetings on September 7, 2010. This is the date for the first Public Hearing on the Budget.
Item 1 - Pledge of Allegiance
Item 2 - Silent Invocation
Item 3 - Roll Call
B. PUBLIC HEARING
The City Council has conducted several meetings and workshops related to the FY10/11 budget. In July, the City Council set the initial millage rate at 5.1579 which is the rollback rate. On Tuesday, August 31, 2010, a workshop was conducted and the City Council instructed staff to bring back budget reductions that would allow the millage rate to be reduced by .2079 mills.
The City Council instructed staff to prepare the budget for Public Hearing based upon a millage rate of 4.95 mills. This is .2079 mills below the rollback rate of 5.1579.
The City Council has reviewed each of the operating budgets. Based upon the review of those review, the budget has been adjusted and is ready for presentation and adoption.
The City Council adopted the Capital Improvements Plan during August. The first year of the CIP is the Capital Budget for the upcoming year.
Town Center CRA millage rate is the same as the millage rate of the City of
The Town Center CRA budget has been reviewed by the CRA and is recommended for approval and inclusion in the 2010/11 Operating Budget document.
Eastport CRA millage rate is the same as the millage rate of the City of
The Eastport CRA budget has been reviewed by the CRA and is recommended for approval and inclusion in the 2010/11 Operating Budget document.
C. SPECIAL RECOGNITION AND PROCLAMATIONS
Attached is the proclamation for Constitution Week. Dawn Sautter will be in attendance to receive the proclamation.
D. CITIZEN PARTICIPATION (Agenda)
Debbie Connors, Executive Director of the Port Orange-South Daytona Chamber of Commerce, will be in attendance to make a report to the Council regarding the Chamber of Commerce.
E. CITIZEN PARTICIPATION (Non-Agenda)
F. CONSENT AGENDA
Attached are the minutes of the following meetings.
Regular City Council Meeting – June 22, 2010
Regular City Council Meeting – July 20, 2010
Regular City Council Meeting- July 27, 2010
Regular City Council Meeting- August 3, 2010
Special City Council Meeting – August 4, 2010
Staff recommends approval of the minutes.
Attached is the update from Quentin L. Hampton Associates, Inc. Staff recommends acceptance of the report.
Attached is the report from Parks and Recreation. Staff recommends acceptance of the report.
Attached is the report from Public Works. Staff recommends acceptance of the report.
The City of
Chemical FY2010 Price FY 2011 Bid Price (Vendor)
$ 62.00/cyl. (JCI Jones Chemicals Inc)
$ 205.08/ton (Carmeuse Lime & Stone)
$ 619.00/ton (Davis Supply, Inc)
$ 0.775/lb (Nalco, Inc)
$ 0.65/lb (Tanner)
Liquid Sodium Hypochlorite
$ 0.68/gal. (Odyssey Corp)
$ 1.61/gal. (Univar)
$ 2.05/gal (Environmental Operating Solutions)
No bid requested
$ 2.05/gal (Environmental Operating Solutions
$ 0.175/lb. (CedarChem,LLC)
Liquid Sodium Bisulfate
$ 1.705/gal (Allied Universal)
Liquid Carbon Dioxide
$ 215.00/ton (Airgas Carbonic)
Lowest price bids have been accepted for all chemical products, with the exception of the polyaluminum chloride product. In this instance, the lowest priced bidder failed to meet specifications requiring pre-qualification of its proposed product.
The most significant price adjustment pertains to bulk quicklime which will increase by 9.6% in FY2011. The water treatment facility utilizes bulk quicklime in its water softening process. Assuming no major change in water production quantity, the annual cost for this product is expected to increase by approximately $46,000. Based on the new bid pricing and assuming no significant change in water and wastewater production from the current year, overall total chemical costs are expected to increase between $55,000 and $60,000 in FY2011.
Staff recommends award as listed above representing the most responsible, responsive bidders.
Staff recommends that Council approve bid award to the most responsible, responsive 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.
As part of their lease obligations at the
The original system was designed for a church use and was limited in size and capacity. The improvements would be overseen by Palmer through their existing building contractor and would not require a City project manager. These improvements, along with future replacement of the condenser unit, will upgrade the facility for existing and future uses. The Building Department has reviewed the plans and specifications and believes the labor and material costs reflect appropriate valuation.
Staff recommends that the cost share agreement be approved and, in lieu of cash, rental credits be provided to Palmer beginning the first full month after the work has been completed in the following manner: month one, credit of $31,836.17; month two, credit of $31,836.17; and month three, credit of $27,310.66.
Staff recommends that Council approve a cost share
agreement with Palmer College Foundation, Inc. (Palmer) for design and
construction of HVAC system upgrades in the
City Manager’s Comments: Palmer
is doing renovations to the
Fire & Rescue will be purchasing 100 vials of vaccine at $245 per vial (10 shots). This vendor is the sole manufacturer of the High Dose Serum.
Staff recommends that Council approve the purchase of High Dose Flu Shot Serum from Sanofi Pasteur in the amount of $24,500.
Fire & Rescue will be purchasing 80 vials of vaccine at $244.04 per vial (5 shots). They are the low price vendor as compared to Henry Chine at $249.68 per vial and STAT Pharmaceutical at $289.24 per vial. Funding is available in Account No. 609 3100 522 5200. Staff recommends that Council approve the purchase of Pneumonia Shot Serum from Sanofi Pasteur in the amount of $19,523.20.
Item 22 - “Piggyback” Town of Indialantic Contract with TruGreen ChemLawn for Annual Fertilization, Weed Control, and Inspect/Pest Control Maintenance Services for the City’s Various Parks and Ballfields
currently utilize TruGreen ChemLawn for our annual fertilization; weed control,
and insect/pest control maintenance services.
We are requesting the 2010/2011 renewal of this service by
“Piggybacking” the Town of
Funding for this project will be from account 001 4400 572 3414
recommends that Council approve piggybacking with Town of
bid was solicited for Ford Brass Items for the Public Utilities Warehouse. Three bids were received. While HD Supply listed lower percentage
pricing for items AA and L, the bid form was not structured nor did it request
pricing in that manner. The bid asked
for the lowest percentage overall, and this was the method that was used to
evaluate the bids in the same manner across the board. Staff, therefore, recommends that Council
award the bid to
recommends that Council approve the bid award to
The annual use of miscellaneous irrigation items for the Public Utilities Warehouse was placed out for competitive bids. Four submittals were received. The basis of award for this subject was the overall lowest bid. The lowest overall bid was received from John Deere Landscape Inc. Staff recommends that Council award the bid for these items to them. The award will become effective for the upcoming fiscal year commencing October 1, 2010.
Staff recommends that Council approve the bid award to John Deere Landscape for miscellaneous irrigation items for the Public Utilities Warehouse for their bid as was submitted for the above-referenced items.
The annual usage of miscellaneous Schedule 40 & 80 items for the Public Utilities Warehouse was placed out for competitive bids. Eight submittals were received. The basis of award for this subject was the overall lowest bid. The lowest overall bid was received from Ferguson Waterworks. Staff recommends that Council award the bid for these items to them. The award will become effective for the upcoming fiscal year commencing October 1, 2010.
Staff recommends that council approve the bid award to Ferguson Waterworks for miscellaneous Schedule 40 & 80 PVC material for the Public Utilities Warehouse for their bid as was submitted for the above-referenced items.
Item 26 - Sole Source Bid Award to Giles Electric Company, Inc., to Furnish and Install Wire in Existing Conduct for Power to Six (6) Existing Light Poles Per Plans Back to Concession Stand for Feed for Field No. 4 at Coraci Park
is a request to approve a sole source Bid Award to Giles Electric Company, Inc.
to furnish and install wire in existing conduit for power to (6) existing light
poles per plans back to concession stand for feed for field #4 at Coraci
Park. All prior electrical work was
completed by the Joint Apprenticeship and Training Committee (
recommends that Council approve the sole source Bid Award to Giles Electrical
Company, Inc. for electrical work on field #4 at
City Manager’s Comments: Giles has pulled the permits for the Joint
Apprenticeship and Training Committee to do the work at
Over the past several years, the City has put into place emergency contracts which will enable the City to enact and react during the first 72 hours after a declared emergency. These contracts cover many division, services requested, commodities, etc. This year’s contracts are the same with the exception that the majority of the contracts are for a two year period of time. The firms that constitute these emergency contracts are as follows: Florida Detroit Diesel Allison; Godawa; Woody’s Septic Tanks; SET Materials; Halifax Paving; Masci Corporation; Progressive Contractors; FSI (FEMA Services Instantly); North Star Food Corporation; Coca Cola; and the Golf Club at Cypress Head (Chef Services).
Staff recommends that Council approve the first 72 hours emergency contracts and authorize the Mayor and City Manager to sign the corresponding contracts on behalf of the City.
On November 11, 2008, City Council approved Bid Award #B08-21 for the purchase of cationic emulsion polymer to Polydyne Inc. The term of the initial agreement was for a period of two years with up to (3) one-year options for renewal, if mutually agreeable to both parties.
The City has expressed its desire to exercise the first of three
one-year options, and the vendor has agreed, in writing, to the extension. The vendor shall maintain the current pricing
Staff recommends approval of a (1) year extension of the existing contract with all terms and conditions of the existing contract to remain in effect.
Staff recommends that Council approve a one (1) year extension of the current contract with SNF Polydyne Inc. for cationic emulsion polymer and authorize the Mayor and City Manager to execute contract extension documents.
In 2005, after having multiple generator vendors, it was determined to be in the City’s best interest to have a single generator maintenance entity provide generator maintenance. Florida Detroit Diesel was the lowest quote received for those services and has serviced the City’s generator needs since that time. With the acquisition of additional generators over the years, the total cost for this maintenance has risen over the $25,000 bid threshold amount. Because FDDA has maintained the generators for over five years responsibly and cost efficiently, staff requests that the Council waive bid procedures, extending the original agreements for an additional three years and approve FDDA as a sole source for standardization purposes for these services. Funding for these services is budgeted in the respective department’s operating budget.
Staff recommends that Council approve Florida Detroit Diesel Allison as the sole source vendor for the maintenance of all the City’s generators.
Innoprise Software Inc., has not provided the software services as required in its contract with the City. The City staff has repeatedly communicated with and met with Innoprise to facilitate Innoprise’s completion of its services. Innoprise has failed to complete. The City must proceed with litigation immediately, if the City is to recover the value of the contractual services. The attorney will be engaged to file a complaint on behalf of the City against Innoprise Software Inc., pursuing all available legal remedies.
recommends that Council approve attorney services of S. LaRue Williams,
Esquire, relating to litigation against Innoprise Software, Inc., and
authorizing the commencement of the litigation on behalf of the City of
The City Staff has completed a review of the Fiscal Year 2010 Budget Execution through July for the several General Fund Departments (City Manager, City Clerk, Finance, and Parks and Recreation). The City has also received State revenue for Fire and Police retirement programs and the Fire supplemental compensation program. City Council also previously accepted several Police grant programs and a Drainage grant. Staff has completed a review of the general debt service funds. The attached budget resolution provides for the recognition of the budget changes recommended from this review.
Staff recommends approval of the attached resolution outlining budget appropriations.
H. COMMUNITY DEVELOPMENT
Staff recommends approval.
Staff recommends approval.
Item 34 - Resolution
No. 10-71 – Local Area Program (LAP) Agreement with the Florida Department of
Transportation (FDOT) for Construction of a New Traffic Signal at
purpose of this Agreement is to provide for the Florida Department of
Transportation’s participation in the Project described above and to provide
financial assistance to the City of
Staff recommends that
Council approve the attached resolution implementing the LAP agreement with
FDOT for the construction of a new traffic signal at
This is a request for a Special Exception in the “RD”
zoning district. If the Special Exception request is granted, the applicant
will operate a tattoo parlor in an existing office/warehouse facility (
Planning Commission Recommendation: The Planning Commission recommended approval subject to the following conditions:
1. The tattoo parlor use is limited to Unit #5, only. No other tenants on the subject property may establish a tattoo parlor.
2. The tattoo parlor use is limited to the applicant at Unit #5 on the subject property, only. Should the applicant vacate this unit, or otherwise not renew his business tax for a tattoo parlor at this location, the Special Exception will expire.
3. No exterior signage displaying the use of the tattoo parlor will be permitted.
Special Exceptions otherwise run with the property, not the applicant. A copy of the Staff Report is attached.
Staff Recommendation: Staff recommends that Council approve the request for a Special Exception to allow a tattoo parlor in the “RD” (Ridgewood Development) zoning district as recommended by the Planning Commission.
This is a request for a subdivision variance request to exempt the requirement for a subdivision plat. The LDC requires the applicant to subdivide the property through the preliminary and final subdivision platting process since the subject property consists of adjoining lots under the same ownership. However, the LDC does provide exception to the platting process if certain criteria can be met.
If approved, the applicant will apply for a minor subdivision to divide the 1.67-acre subject property into two lots. Parcel #1 will consist of two existing office/warehouse buildings and Parcel #2 will be vacant and ready for development. The Staff Report is attached for further review.
Planning Commission Recommendation: The Planning Commission recommended approval 5-0 (Commissioners Lasky and Parker excused).
Staff Recommendation: Staff recommends that Council approve a subdivision variance from Chapter 5, Section 2(b)(3), LDC exempting the property from the standard subdivision platting process and to allow the owner to subdivide through the minor subdivision process.
I. PUBLIC WORKS
Staff recommends approval.
The Spruce Creek Road Drainage Improvements project was placed out for bids and, as shown on the bid tabulation submitted by Quentin L. Hampton Associates, Inc., Masci Corporation was low bid vendor with a bid submittal of $250,685. This project is needed to alleviate flooding along Spruce Creek Road between Nova and Commonwealth and will allow for treatment of stormwater into roadside swales prior to discharge into an existing outfall pipe leading to the Halifax Canal. The project is located on County right of way, and they require we use the alternate bid (jack and bore method) to avoid damage to the road which was recently resurfaced. This project is funded by a Federal cost share grant and costs will be split between the City and County. Funds are available in Account No. 412 1800 541 6397, Project No. CIP050.
Staff recommends Bid No. B 10-15, Spruce Creek Road Drainage Improvements, be awarded to low bid vendor, Masci Corporation, for the amount not to exceed $250,685.
City Manager’s Comments: This project was submitted for FEMA funding several
years ago. The funding is the result of
the 2004 hurricane season which saw
J. PUBLIC UTILITIES
It is the intent of the City to offset energy cost consumption at the central recharge wellfield pumps by installing a 25KW photovoltaic solar power panel array system. The City has been awarded a $250,900 grant from the U.S. Department of Energy for this project. This design-build project was advertised requesting statements of qualification, design method, material, and bid amount. The Selection Committee comprised of Allen Green Mayor; Paul Estes, P.E., Electrical Engineer and Consultant; Kenny Ho, P.E., Public Utilities Civil Engineer; Kerry Leuzinger, Chief Building Official; and Richard Woodman, Public Utilities Maintenance Supervisor.
Of the seven submittals received, three firms were short listed for oral presentation and interviewed by the Committee. The base bids for this project as specified were opened at the end of the oral presentation: Giles Electric $261,000 and an added cost of $4,698 for bonding; H.J. High/Tri-City $240,000; Heard Construction $322,027. The final ranking (with score and price weighted accordingly) as: 1. H.J. High/Tri-City; 2. Giles Electric Company, Inc.; 3. Heard Construction.
Upon review of the required submittals as outlined in the R.F.S.Q., it was determined that H.J. High/Tri-City had not submitted a bid bond as required thus determined to be an unresponsive bidder and therefore removed from any further consideration. Subsequently, H.J. High/Tri-City filed a bid protest and a protest hearing was conducted on July 7, 2010 (please see attachment) with Kenneth Parker as the hearing officer. Mr. Parker upheld H.J. High/Tri-City protest based on all evidence presented and their testimony; in addition, H.J. High acted in good faith relying on written information received from the City’s consulting engineer’s office when submitting its proposal to the City. Further, in order for a contract to be awarded, it is acknowledged that the City Council will be requested to waive the bid bond requirement as a non-substantial bid irregularity and approved the contract.
Staff is recommending that the Council approve the committee rankings of: 1. H.J. High/Tri-City; 2. Giles Electric Company, Inc.; 3. Heard Construction. We request your authorization to enter into contract negotiations commencing with the firm currently ranked as number one, H.J. High Construction/Tri-City Electrical Contractors Inc. Funding for this project is currently budgeted in Project # XFG009 and account #401-0300-580-6400
Staff recommends that Council approve the committee rankings and award R.F.S.Q. 10-05 to the firm of H.J. High Construction/Tri-City Electrical Contractors Inc. (H.J. High/Tri-City), and to authorize the City staff to begin contract negotiations.
City Manager’s Comments: There have been two protest hearings related to this project. The first related to the issue concerning the bid bond. The specifications required a bid bond. The bonding company for the contractor who was the apparent low bidder inquired to an agent of the City if a specific bond form was required. The agent spoke to the City’s purchasing coordinator about the requirement. The bonding company was told that no bid bond was required. Therefore, the company acted in accordance with the directions provided. The bid protest response letter is attached. A second protest was then filed by a second company. A protest hearing was held on whether the technical requirements of the specifications were met. A hearing was conducted. Attached is the bid protest response letter.
In order to award the contract to the apparent low bidder, the City Council will have to waive the bid irregularity of no bid bond being provided. You will have to find that the contractor acted in compliance with directions provided by the City and/or its agent.
Based upon the information provided at both protest hearings, I am recommending that the absence of the bid bond at the time of the bid opening be waived as a nonsubstantial bid irregularity and the RFSQ be awarded to H. J. High.
K. PUBLIC SAFETY
Staff recommends approval.
L. PARKS AND RECREATION
Item 41 - Approval to Accept Donations and/or Contributions for Joint Partnership for Health/Fitness Equipment, Including Signage for an Outdoor Fitness Area with the City of Port Orange, Halifax Health, and the YMCA at Airport Road Park
YMCA and Halifax Health have approached the City about making a donation to
construct outdoor fitness area at
In July, the City applied for St. Johns River Water Management District Water Conservation Cost-Share funds for installation of FlexNet Water transmitters and Water Meters and education efforts. The District seeks applications that implement strategies for water conservation efforts that help provide sufficient water resources for users and that protect the environment.
In order to be eligible for the funding, the City must adopt a water conservation ordinance that regulates landscape irrigation and that reflects the District’s promotion of resource conservation through new methods, technology and education efforts.
If you have any questions, contact Margaret Momberger or Kent E. Donahue.
The results of the recent City election are attached. The Resolution ratifies the results of last Tuesday’s election. Three seats were filled. Robert Ford, District 1, Don Burnette, District 2 and Dennis Kennedy, District 4 all received more than 50% of the vote at the primary election and, therefore, are elected. Their terms of office will begin on December 7, 2010.
At the last City Council meeting, I asked that the City Council allow Steve to retire on July 1 instead of June 30. Steve’s birthday is July 1, which makes him eligible to retire on that date. He fully understands that his first retirement check would not arrive until August.
N. COUNCIL COMMENTS
At this time, Council Members may discuss various matters of concern.