MEMORANDUM

 

 

To:                   Mayor Allen Green

                        Vice Mayor Dennis Kennedy

                        Council Member Bob Ford

                        Council Member Donald Burnette

                        Council Member Robert Pohlmann

 

From:              Kenneth W. Parker, City Manager

 

Subject:          Agenda Commentary for Regular City Council Meeting of

                        September 6, 2011

 

Date:               August 30, 2011

 

 

This is the first of two public hearings on the proposed City Budget.  The tentative millage rate has been set at 4.95 mills for the General Operating Budget.  The City Council has also established the required millage rate for each of the voter approved bond issues.  The second public hearing on the budget will be held on Tuesday, September 20 at 7 p.m.

 

  1. OPENING

 

Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call

 

B.   PUBLIC HEARING

 

Item 4 -           Discussion of Proposed Millage Rate FY 11/12

 

During July, the City Council discussed the budget and the millage rate.  The preliminary millage rate is below the roll back rate.  It maintains the current millage rate. 

Item 5 -           Resolution No. 11-39 – Adopting the Tentative Millage Rate for FY11/12

 

The attached Resolution will approve the tentative Millage Rates for FY11-12.

Staff recommends approval of Resolution No. 11-39.

 

Item 6 -           Resolution No. 11-40 – Adopting the Tentative Operating Budget for FY11/12

 

The attached Resolution will approve the tentative Operating Budget for FY11-12.

Staff recommends approval of Resolution No. 11-40.

 

Item 7 -           Resolution No. 11-41 – Adopting the Tentative Capital Budget for FY11/12

 

The attached Resolution will approve the tentative Capital Budget for FY11-12.

Staff recommends approval of Resolution No. 11-41.

 

Item 8 -           Resolution No. 11-42 -      Adopting the Tentative Millage Rate for FY 11/12 for Town Center CRA Tax Increment District

 

The attached Resolution will approve the tentative Millage rate for the Town Center tax increment district for FY11-12.

Staff recommends approval of Resolution No. 11-42.

 

Item 9 -           Resolution No. 11-43 -      Adopting the Tentative Operating Budget for FY11/12 for Town Center CRA Tax Increment District

 

The attached Resolution will approve the tentative Town Center tax increment district operating budget for FY11-12.

Staff recommends approval of Resolution No. 11-43.

 

Item 10 -        Resolution No. 11-44 – Adopting the Tentative Millage Rate for FY11/12 for Eastport CRA Tax Increment District

 

The attached Resolution will approve the tentative Millage Rate for the Eastport tax increment district for FY11-12.

Staff recommends approval of Resolution No. 11-44.

 

Item 11 -        Resolution No. 11-45 – Adopting the Tentative Operating Budget for FY11/12 for Eastport CRA Tax Increment District

 

The attached Resolution will approve the tentative Eastport tax increment district operating budget for FY11-12.

Staff recommends approval of Resolution No. 11-45.

 

C.   SPECIAL RECOGNITION, AWARDS, PROCLAMATIONS

 

Item 12 -        John Decarie

 

A proclamation will be presented to John Decarie in appreciation of his involvement with the Volusia Transportation Planning Organization.

 

D.   BOARD APPOINTMENTS AND INTERVIEWS

 

Item 13 -        Board Appointments

a.    Planning Commission

 

An appointment to the Planning Commission needs to be made.

 

E.   CITIZEN PARTICIPATION (Agenda)

 

Item 14 -        Port Orange/South Daytona Chamber of Commerce Quarterly Report

 

At this time Council will hear the quarterly report from the Port Orange/South Daytona Chamber of Commerce.

 

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

 

G.   CONSENT AGENDA

 

Item 15 -        Approval of Minutes

 

a.    August 23, 2011 – Special City Council Meeting (Impact Fees)

b.    August 23, 2011 – Regular City Council Meeting

 

Attached are the City Council meeting minutes held on Tuesday, August 23, 2011. Should you have questions, please feel free to contact Robin or me.

 

Item 16 -        Construction Activity Report

 

Attached is the update on construction projects from Quentin L. Hampton Associates, Inc.  Staff recommends acceptance of the report.

 

Item 17 -        Bid Award for Purchase of Water and Wastewater Treatment Chemicals

 

The City of Port Orange has joined several local municipalities in a cooperative bid for the purchase of bulk chemicals used at the water and wastewater facilities.  Bid tabulations are attached.  A comparison of bid prices versus current prices is as follows:

Chemical                                   FY2011 Price           FY 2012 Bid Price (Vendor)

Bulk Quicklime

$ 205.08/ton

$ 196.14/ton (Carmeuse Lime & Stone)

Hydrofluosilisic Acid          

$ 619.00/ton

$ 498.00/ton (Harcross Chemicals, Inc)

Anionic Polymer

$ 450.00/drum

$ 400.50/drum (Polydyne, Inc)

Anhydrous Ammonia

$     0.65/lb

$     0.65/lb (Tanner Industries)*

Methanol

$     2.249/gal

$     2.165/gal. (Thatcher Chemical)

Polyaluminum Chloride

$     0.175/lb

$     0.165/lb.  (CedarChem,LLC)

Liquid Sodium Bisulfite

$     1.92/gal

$     1.705/gal (Allied Universal)

Liquid Carbon Dioxide

$ 215.00/ton

$  215.00/ton (Airgas Carbonic)*

 

The agreement with Tanner Industries was initially for (1) year with a (1) year option to renew. The company has agreed to extend its current contract through FY2010-12 under the same pricing, terms and conditions for anhydrous ammonia. No vendor provided a bid to the City of Port Orange for liquid carbon dioxide for FY2011-12.  However, the existing vendor, Airgas Carbonic, has agreed to extend its current contract through FY2011-12 under the same pricing, terms and conditions

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 FY2012.

Funds available contingent upon approval of FY2012 Budget

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

 

Item 18 -        Approval to Piggyback Volusia County Contracts for Emergency Debris Removal

 

Staff requests approval to piggyback Volusia County’s contracts with Crowder-Gulf Joint Venture Inc. and DRC Emergency Services, LLC for emergency debris removal after storms or hurricanes.  Both contractors have worked in the County on previous occasions and both were motivated and quick to react to a situation.  Both contracts are more than 60 pages each; contracts can be emailed upon request or printed copies can be obtained from the City Clerk’s office.

• DRC Agreement
 

Staff recommends approval to piggyback Volusia County’s contracts with Crowder-Gulf Joint Venture Inc. and DRC Emergency Services, LLC for emergency debris removal.
• Crowder-Gulf Agreement

 

Item 19 -        Memorandum of Understanding (MOU) between the City of Port Orange and the Police Benevolent Association (PBA) regarding Article 38 – Health, Safety, and Physical Fitness

 

The following MOU, if executed by both parties, shall modify Article 38, Health Safety and Physical Fitness, of the PBA 2009-2012 Agreement between the Union and the City.  In order to phase in the tobacco-free program, this modification removes the requirement that new hires attest to being tobacco-free for one year prior to being employed with the City.  New hires are and will continue to be required to attest that they will be tobacco-free for the term of their employment. 

 

Staff recommends approving the MOU between the City of Port Orange and the PBA regarding Article 38 - Health, Safety and Physical Fitness

 

H.   TABLED ITEMS

 

Item 20 -        Bid Award for the Construction of the Russell Property Floating Dock and ADA Ramp System – Bid No. 11-07 (Tabled from August 23, 2011)

 

The City secured a $100,000 grant from the Florida Inland Navigational District (FIND) to construct a floating dock facility and ADA Ramp system on the Russell property.  This facility is a requirement under the Florida Communities Trust grant that assisted in the acquisition of the 17-acre Russell property.  Located on Spruce Creek, the Russell Landing facility is part of Volusia County’s established Spruce Creek Blue Ways Trail.  The creek is also an Outstanding Florida Water and a Florida Canoe Trail. 

Bid packages were prepared and publicly advertised.  A mandatory pre-bid meeting was held and on July 13, 2011, two bids were submitted.  Upon review, the bid received from Harbor Marine was responsive to all of the bidding requirements, and the second bid was determined to be nonresponsive.  The City’s consultant engineering firm (DMC) has reviewed Harbor Marine’s past work history and believes they have the capabilities to complete the project within the contract’s 90-day limitation.

It is formally requested of the City Council to consider awarding the bid to construct the Russell Dock and ADA Ramp System to Harbor Marine Dock Company in the amount of $198,528.54.  The funding is available in Parks and Recreation’s account number: 315-5100-572-6397 (Project #QPC 036).  If you have any questions, please contact Kent Donahue.

Staff recommends approval of the bid award for the construction of the Russell Property Floating Dock and ADA Ramp System Project Bid #11-07 to Harbor Marine Dock Company, Inc. and authorizes the Mayor and City Manager to sign and execute all required contract documents.

City Manager Comments: The City received an extension from the Florida Inland Water Navigation District until September 1, 2012 to complete the dock.  The City has Corp of Engineer permits in hand and they expire next May. 

If the City Council decides to reject the bid, staff will have to make adjustments to the bid documents and plans before rebidding the project.  One of the potential changes is to remove the concrete walkway and the parking that is required on the Russell Property and bid that as a separate contract or allow the City’s current concrete contractor to perform that work under our sidewalk contract.  A second potential change is in the number of days that the contractor would be allowed to perform the task.  The City cannot simply put the same specifications out to bid since the prices are now known by all bidders.  That would not be fair to the bidder that submitted his bid and complied with the specifications. 

 

I.      PUBLIC WORKS (Warren Pike)

 

Item 21 -        First Reading – Ordinance No. 2011-22 – Award Roll-Off Franchise Agreement (Bid #11-20)

 

Staff advertised and received five responsive submittals for the Non-Exclusive Franchise for Roll-Off Containers (Bid #11-20).  Under this agreement, vendors are allowed to contract container services with various organizations, firms or entities within the City of Port Orange for the collection and disposal of construction/demolition debris.  In exchange, each vendor pays the City a flat monthly fee of $85.00 plus $20.00 based on “per pick-up” of each container placed in service.  Each vendor must also provide roll-off containers for City use as specified in the ordinance.  The agreements will be effective October 1, 2011 through September 30, 2012.

Staff recommends approval of Ordinance No. 2011-22 granting a Non-Exclusive Franchise Agreement for Roll-Off Containers to Set Materials Inc., Veolia ES, Fence Services Inc., Samsula Waste Inc. and Waste Pro.

 

Item 22 -        First Reading – Ordinance No. 2011-23 – Granting Exclusive Franchise for Collection and Disposal of Solid Waste, Yard Waste, and Recyclable Materials

 

The Ordinance grants an exclusive franchise to Veolia ES Solid Waste Southeast, Inc., for the collection and disposal of solid waste, yard waste, and recyclable materials within the City of Port Orange. Veolia, as Franchisee, has the necessary equipment, personnel, and experience to properly perform the work and has been awarded the contract pursuant to City Bid B11-08 and the proposal accepted by the City.

 

Staff recommends adoption of Ordinance No. 2011-23.

 

J.    ADMINISTRATION (Ken Parker)

 

Item 23 -        Consolidated Broadcasting System – Cooperation Agreement (Continued from August 23, 2011)

 

The Cities of Port Orange, New Smyrna Beach and Edgewater have been working together for several years in the area of emergency response.  Each of the cities has identified a specific need, the ability to inform our residents a specific radio station to turn to in times of emergency.  WSBB has indicated that they would be willing to assist the cities in this effort.  However, WSBB does not have the proper generator capacity to guarantee that they would be on the air in the case of an emergency.  The solution is for the three cities to provide two generators to the station in order to guarantee that the station would be on the air throughout an emergency.  The generators would be owned jointly by the three cities.  The station could use these two generators as long as they provide emergency information for the three cities.  If the station decided not to provide this service to three cities or fails to provide the personnel during an emergency to provide emergency information to the citizens of the three cities, then the cities could remove the generators.  The station would be responsible for providing the normal maintenance for the two generators.  The total purchase price is not to exceed amount of twelve thousand and no/100 ($12,000.00) with each City contributing a third of the purchase price ($4,000.00).  Funds are available in our emergency management response account. 

Staff recommends approval of the Cooperative Agreement for Consolidated Broadcasting during emergency events to provide citizens with emergency management information, authorize the Mayor and City Manager to execute any contracts or agreements.

 

K.   COUNCIL COMMENTS

 

Item 24 -        Comments/Concerns from Council Members

 

At this time council members may discuss various matters or concerns.

 

Item 25 -        Florida Power & Light Interconnection Agreement for Customer-Owned Renewable Generation

 

Staff recommends approval of the Letter and Interconnection Agreement attached. The City maintains insurance coverage for the solar system operation.

 

KWP/rlf/ckr