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MEMORANDUM

 

To:                   Mayor Allen Green

                        Vice Mayor Bob Pohlmann

                        Council Member Bob Ford

                        Council Member Donald Burnette

                        Council Member Dennis Kennedy

 

From:              Kenneth W. Parker, City Manager

 

Subject:          Agenda Commentary for Regular City Council Meeting of

                        September 25, 2012

 

Date:               September 19, 2012

 

 

At 5:30 p.m., there will be a brief meeting of the Town Center CRA.  The only item on the CRA Agenda is the approval for runners who will be participating in the Lighthouse Loop half marathon to utilize the CRA owned property in Town Center for parking.  The second issue to be included on the CRA agenda is a request from a Christmas Tree vendor wanting to use the shell parking lot at the corner of Halifax Drive and Dunlawton as a Christmas Tree lot this year.  Before the sending the vendor through the process adopted by the City Council for activities in Riverwalk, we wanted to be sure that the CRA had no problem with leasing of the land for the Christmas period to sale Christmas Trees.  This will be immediately followed by a workshop meeting related to the Ridgewood Corridor Study.

 

  1. OPENING

 

Item 1 -           Pledge of Allegiance

 

Item 2 -           Silent Invocation

 

Item 3 -           Roll Call

   

B.   SPECIAL REPORTS, AWARDS, PROCLAMATIONS

 

Item 4 –          Local Business Spotlight

 

The Port Orange-South Daytona Chamber of Commerce will present the featured business of the month.

 

Item 5 -           Report from Kemper Sports Management regarding Cypress Head Golf Course

 

At this time, a representative of KemperSports will make a report to the Council regarding the activities of the golf course.

 

C.   CITIZEN PARTICIPATION (Non-Agenda- 15 minutes)

 

D.   CONSENT AGENDA

 

Item 6 -           Approval of Minutes

 

a.    September 4, 2012 – Regular City Council Meeting

 

Attached are the City Council meeting minutes recently held. Should you have questions, please feel free to contact Robin or me.

 

Item 7 -           Project Manager’s Report

 

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

 

Item 8 -           ATM License Agreement between the City of Port Orange and SunTrust Bank

 

Space Coast Credit Union informed the City that they would be removing their existing ATM in the City’s customer service drive through area.   SunTrust Bank has submitted a contract to the City to replace this ATM.  The SunTrust ATM License Agreement is attached.  SunTrust will install, operate, maintain, replace, and remove the ATM in the premises, along with right of access to the premises per this lease agreement.  SunTrust agrees not to submit any charges to the City for any of these services.

 

Staff recommends approval of this SunTrust ATM License Agreement with SunTrust Bank

 

City Manager Comments: The City of Port Orange had an ATM at City Center for a number of years.  Space Coast Credit Union installed the ATM.  A few months ago, Space Coast notified the City that they were removing the ATM.  SunTrust has indicated a willingness to provide the ATM services at City Center.  The ATM is especially beneficial during special activities and events at City Center. 

 

Item 9 -           Special Event Request – Roadside Tavern, 3400 S. Nova Road

 

Ms. Patricia Miracle, owner of the Roadside Tavern, located at 3400 S. Nova Road, requests approval of a Special Event to be held during Biketoberfest 2012.  The proposed event is planned for a five (5) day period from Wednesday, October 17, 2012 through Sunday, October 21, 2012.  The proposed hours for the event are from 10:00 a.m. to 2:00 a.m. daily.  This will be the second Special Event Request for Roadside Tavern in 2012.  Ms. Miracle has requested the waiver of the surety bond due to good past performance in clean up after previous events.  The cost of the surety bond is determined by City Council as outlined in Chapter 58, Article III of the City of Port Orange Code of Ordinances, and has generally been set at $250.00 when required for past events.

 

Staff recommends approving the Special Event Request for Roadside Tavern, 3400 S. Nova Road, subject to twenty-five (25) conditions outlined in the attached staff report.

 

Item 10 -        Special Event Request – The Last Resort Bar, 5812 S. Ridgewood Avenue; Best Cars, 5816 S. Ridgewood Avenue; Hunt for Cars, 5796 S. Ridgewood Avenue

 

Mr. Al Bulling, owner of The Last Resort Bar, 5812 S. Ridgewood Avenue, and agent for Best Cars, 5816 S. Ridgewood Avenue, and Hunt for Cars, 5796 Ridgewood Avenue, requests approval of a Special Event to be held during Biketoberfest 2012. The proposed event is planned for a seven (7) day period from Monday, October 15, through Sunday, October 21, 2012. The proposed hours for the event are from 8:00 a.m. to 2:00 a.m., daily.  This will be the second Special Event for the Last Resort Bar in 2012.  Mr. Bulling also requests a one (1) hour time extension for outside music on Friday and Saturday nights (October 20-21, 2012) of the event. Staff’s attached conditions do not allow the extra hour request based on past Council direction (see condition #14). Additionally, Mr. Bulling has requested the waiver of the surety bond due to past good performance in clean-up after previous events.

 

Staff recommends approving the Special Event Request for The Last Resort Bar, 5812 S.  Ridgewood Avenue, Best Cars at 5816 S. Ridgewood Avenue, and Hunt for Cars at 5796 S. Ridgewood Avenue, subject to twenty-six (26) conditions outlined in the attached staff report.

 

City Manager Comments: Last year, the City Council did not agree to extend the hours that was requested by Last Resort.  Staff is not recommended the extended outdoor hours.

In order to grant Last Resort the additional hour, the City Council would have to remove this item from the consent agenda and amend the conditions to include the extended the outdoor hours on Friday and Saturday night.

 

Item 11 -        Special Event Request – First Turn Steakhouse & Lounge, 5236 S. Ridgewood Avenue & 5204 Ridgewood Avenue

 

Mr. Rick Hilliard, owner of the First Turn Steakhouse & Lounge, located at 5236 and 5204 South Ridgewood Avenue, requests approval of a Special Event to be held during Biketoberfest 2012.  The proposed event is planned for a seven (7) day period from Monday, October 15, through Sunday, October 21, 2012. The proposed hours for the event are from 8:00 a.m. until 2:00 a.m., daily.  This will be the second Special Event for the First Turn Steakhouse & Lounge in 2012. Mr. Hilliard has requested the waiver of the surety bond due to past good performance in clean-up after previous events. The cost of the surety bond is determined by City Council as outlined in Chapter 58, Article III of the City of Port Orange Code of Ordinances, and has generally been set at $250.00 when required for past events.

 

Staff recommends approval of the Special Event request for the First Turn Steakhouse & Lounge located at 5236 & 5204 South Ridgewood Avenue subject to twenty-six (26) conditions outlined in the attached report.

 

Item 12 -        Floodplain Management Annual Progress Report

 

The attached Floodplain Management Annual Progress Report is provided to Council in accordance with the requirements of the National Flood Insurance Program’s Community Rating System.

 

This report provides a review of each action item in the plan, drainage improvements and activities during the past year and a summary of how the public can obtain a copy of the original plan and public outreach completed since the last report submitted in September 2011.

 

Item 13 -        Amendment No. 7 to ZCA Continuing Services Contract for CDBG Funded Safe Routes to School Sidewalks

 

In February, 2012, City Council approved Amendment No. 2 to the Zev Cohen & Associates Contract for Professional Engineering Services Dated November 9, 2010 for a feasibility study to construct over two (2) miles of sidewalks to fill existing gaps near Port Orange Elementary School.  This Feasibility Study is nearly complete, with a public review meeting scheduled for September 20, 2012.   The Scope of Work contained in Amendment No. 7 will provide final engineering design, permitting, bidding, inspection and construction administration for the installation of approved sidewalks.  This Scope includes compliance to Federal Labor Standards, commonly referred to as Davis Bacon wage compliance.    This project is identified in the City’s FY 2010-2014 CDBG Consolidated Plan; 2011 and 2012 CDBG Annual Action Plans, and the City’s Capital Improvements Program.  Sufficient CDBG funds are budgeted and available for this purpose.

 

Project Number:  CDBG02             Account No. 110-1904-554.63-97 

 

Staff recommends approving Amendment No. 7 to the Zev Cohen & Associates Contract in the amount of $162,665, and authorizing the Mayor and City Manager to execute all documents required for this purpose.

 

Item 14 -        Florida Department of Transportation Section 408 Highway Safety Grant Funds

 

The Port Orange Police Department has been awarded grant funds from the Florida Department of Transportation in the amount of $49,466.00.  These funds will be used to purchase 65 thermal printers and 65 signature pads/driver’s license readers in order to utilize the iyeCitation electronic ticketing system.

 

The iyeCitation system will allow the police department to improve the accuracy, timeliness and uniformity of the citation data that is collected.  Citation fields will be automatically populated using data from a driver’s license magnetic strip using a strip reader and sent electronically to the County Clerk’s Office and the department’s Records Management System. 

 

The funds are scheduled to be released on October 1, 2012.

 

Staff recommends approving the acceptance of grant funds from the Florida Department of Transportation in the amount of $49,466.00 for the purchase of thermal printers and LCD signature capture pads/driver’s license readers. The grant award is subject to the submission of the grant application.

 

Item 15 -        Victims of Crime Act (VOCA) Grant

 

Earlier this year, the Police Department applied for funding under the Victims of Crime Act (VOCA) Grant program.  The department has been awarded $47,415.00 for the 2012/2013 funding cycle to assist victims of crime.  The grant program requires a City match which is $11,854.00.

 

Staff recommends approving the acceptance of grant funds from the State of Florida in the amount of $47,415.00 for the Victim of Crime Act (VOCA) Grant program.         

 

Item 16 -        Approval to Utilize State Contract to Purchase Tires for Fleet Vehicles

 

Each year staff requests permission to utilize the competitively-bid State contract to purchase tires for fleet vehicles at the lowest possible price.  Staff requests approval for contractual agreements with the vendors of McGee Tire Stores and Boulevard Tire Center in the amounts noted.  Both vendors have consistently proven as reliable dependable suppliers of tires since the State contract was initiated in 2009. 

 

Project No.:    None             Funding Account No.: 503-4500-519-5220

 

Staff recommends approval to utilize State contract #863-000-10-1 to purchase tires for fleet vehicles, with the firm of McGee Tire Stores, Incorporated in the amount of $34,000, and with the firm of Boulevard Tire Center in the amount of $14,000, subject to receipt of signed contracts, and authorizing the Mayor & City Manager to execute contract documents, as necessary, and subject to approval of the FY13 operating budget.

 

Item 17 -        Sole Source Authorization of Landfill Services by the County of Volusia

 

Prior to 2011, the City’s Solid Waste contract included the associated cost of disposal.  However, the new contract, initially awarded to Waste Pro in FY12, excludes this cost.  Furthermore, the contract specifically directs the vendor to dispose of all materials at the Landfill operated by the County of Volusia.  As a result, the City now directly pays for the tipping fees.

Although there are other landfills in operation locally, Volusia County (Tomoka Landfill) is the only FDEP permitted landfill, authorized to receive solid waste generated in Volusia County (Ref: Florida Department of Environmental Protection (FDEP) Chapter 62-701, Solid Waste Management Facilities.

Based upon the initial budget, we are requesting authorization to encumber $1,305,647.00 for FY13. 

 

Project No.: None      Funding Account No.: 410-6100-534-3411= $1,305,647.00

 

Staff recommends waiver of formal bidding procedures and authorize the County of Volusia as the Sole Source provider of landfill disposal services for waste collected under the provisions of the City Solid Waste Contract with Waste Pro, approving a total annual contract amount of $1,305,647.00, and authorizing the Mayor & City Manager to execute contract documents, as necessary, subject to approval of the FY13 operating budget.

 

Item 18 -        Sole Source Authorization of Sanitary Sewer Sludge Truck Refurbishment by Southern Sewer Equipment Sales

 

The 1994 Presvac Systems PV2500 sanitary sewer pump truck, Fleet #1382, was slated for replacement in FY12.  The “sludge truck” is routinely utilized for clearing blockages in sanitary sewer mains, and is an essential tool to minimize potential disruption of utility service to our 60,000+ customers.  Fortunately, the truck chassis itself is in good condition with less than 11,000 miles of usage.  However, the 2500-gallon tank, pumping system and associated appurtenances require replacement due to normal wear experienced by regularly operating in the corrosive sanitary sewer environment.  Southern Sewer Equipment Sales is the only Florida-area authorized provider of these services for the manufacturer. 

 

Project No.: None      Funding Account No.: 505-1000-519-6400

 

Staff recommends waiver of formal bidding procedures and authorizing Southern Sewer Equipment Sales as the Sole Source provider to refurbish the Presvac Systems Ltd PV2500 sanitary sewage pumping truck, and to approve a contract in the amount of $41,480.00, and authorizing the Mayor & City Manager to execute contract documents, as necessary, and subject to the receipt of signed contracts from the vendor.

 

Item 19 -        Engineering Services Contract with Quentin L. Hampton Associates, Inc. for Water and Reclaimed Water Plant Improvements as per Addendum No. 87

 

We have recently requested that our local design consultants, Quentin L. Hampton Associates Inc. submit a design proposal for engineering services related to improvements at our existing Water and Reclaimed Water Plants as contained in our recently updated 5 year Capital Improvement Plan. 

 

The work at the Reclaimed Water Plant includes the replacement of the chlorine building, installation of bypass piping and valves at the influent structure, the rehabilitation of the influent structure trough, the rehabilitation of the pumps, and the replacement of electrical equipment at the East Master Lift Station. The work at the Water Plant includes the installation of the Lime Slaker Equipment, leak repairs of the south softener tank, and additional design work to replace the electrical system at the sludge handling facility.

 

Our design consultants currently plan to redesign the degraded buildings and equipment components with improved construction materials which will better resist these adverse chemical and environmental effects in the future.  Specifically the degradation occurring at our influent structure which handles approximately 5.0 - 8.0 million gallons of raw wastewater flow on a daily basis is most important.  The fiberglass sheeting which was installed to protect the influent trough structure has now separated from the reinforced concrete superstructure allowing the hydrogen sulfide gas to permeate the concrete surface under the fiberglass sheeting.  We have determined that the best course of action now is to remove and replace this sheeting.  In order to complete this work a permanent sewer bypass piping is also proposed.  We request your approval to authorize this necessary engineering design work at this time.    

 

Funds for design are currently budgeted and available in our Sewer Plant and Water Plant Replacement Projects. Construction is planned for next fiscal year in accordance with the approved 5 Year Capital Improvement Plan.

     

Project No.:  SSP   002                 Funding Account No.: 403 / 421 -0400-535-6397

Project No.:  WWP 003                 Funding Account No.: 403 / 421 -0200-533-6397

 

Staff recommends approving Addendum #87 with Quentin L. Hampton Associates Inc. for engineering design work associated with the plant improvements as outlined and to authorize the Mayor and City Manager to sign all required documents on behalf of the City.    

 

Item 20 -        Wraparound Agreement of Volusia County Contract #08-B-165DK Backflow Device Testing and Certifications awarded to Aaron’s Backflow Services, Inc.

 

Per FAC 62-555.360, the City is required to maintain a cross-connection program. The program includes annual testing, inspecting and repair of more than 6,500 Backflow Prevention devices (BFP) which are routed by Public Utilities. BFP’s are typically installed immediately after the water meter on the potable service. Their purpose is to protect the city’s water system from potentially being contaminated by pollutants that may be injected into the drinking water plumbing after the point of connection to the city system. In the case of commercial and multifamily developments, City polices place the responsibility of testing and maintaining BFP’s on the owner, who must provide the required annual testing and documentation. However, the city bears this responsibility on single family residential connections.

 

The County’s price agreement is in effect through September 30, 2013. Aarons Backflow Services Inc. has agreed to perform the same services for City of Port Orange and honor all prices and terms of the agreement through September 30th2013.  The Public Utilities Department is requesting Council approval of the wraparound agreement to Aarons Backflow Services Inc. in an amount not to exceed $130,000 which will cover the testing, inspection and required repairs and replacements of 6,500 backflow preventers. Funds are currently budgeted under Professional Services account for this purpose and are based upon historic expenditures.

 

Funding Account No. 401-0800-536.31-13

 

Staff recommends approval of a wrap-around Agreement of Volusia County, Florida Contract #08-B-165KW Backflow Device Testing and Certification awarded to Aaron’s Backflow Services, Inc. in an amount not to exceed $130,000 and authorization for the Mayor and City Manager to sign contract documents on behalf of the City

 

Item 21 -        Approve Bid Award with A.G. Pifer as the lowest and most responsive bidder for City Center Ball Field Improvements and fence replacement pursuant to Bid No. 12-42

 

On August 30th Bids were received for the improvements to the ball fields and fence replacement at City Center.  The lowest most responsive bidder was A. G. Pifer.  We are asking Council to approve A.G. Pifer as the contactor for this project and allow the City Manager and Mayor to execute the EJCDC contract.

 

The City has $450,000 budgeted for the design and construction of the ball fields and fence replacement.  The bid came in below budget at $374,615.00.  These funds are available in the City Center Ball Field Fence Replacement, QPC 040, and Account 315-5100-572-6397.

 

If approved the City’s Project Manager will be Susan Lovallo, Parks & Recreation Director, the Consulting Engineers and Construction Administrators will be Quentin L. Hampton and Associates, and the Construction Contractor will be A. G. Pifer.   

 

Project No.:    QPC 040                    Funding Account No.:       315-5100-572-6397

 

Staff recommends approval of the Bid Award with A.G. Pifer as the lowest and most responsive bidder for improvements to the City Center ball fields and fence replacement as outlined in Bid No. 12-42 and authorizing the Mayor and City Manager to execute a legally approved EJCDC contract for services agreement between the City of Port Orange and A.G. Pifer for construction and improvements at the City Center ball fields.

 

Item 22 -        Change Order #1 (Deductive) with McMahan Construction for the Garnsey Water Treatment Plant Backwash Recovery Pumps and Filter Backwash Piping Project Engineering Services Contract

 

This project entailed the construction of a backwash recovery system improvement at the Garnsey Water Treatment Plant. Upon project completion, the Garnsey Water Treatment has now achieved the City’s goal of 4-log (99.99%) removal or inactivation of viruses from ground water. This treatment process provides increased protection against pathogens in public water systems that use ground water sources.     

 

Our engineering consultant, Quentin L. Hampton (QLH), has now determined that the final deductive change order as submitted by McMahan Construction’s is fair and reasonable for all of the work performed under this contract to date.  It should be noted also that the actual construction work was completed on time in February 2012, however at our request the contract remain open until now during the final testing and FDEP permit approval and activation process.  Hence the 250 day contract extension is clearly justified at this time. McMahan and our entire City’s Water Treatment Plant Staff should be congratulated on their recent accomplishment in reaching this new permit compliance level and thereby reducing future cost exposure as well as providing a higher level of confidence in our water quality testing and evaluation procedures. 

 

Staff recommends approval of Change Order #1 ( Deductive ) with McMahan Construction for the Garnsey Water Treatment Plant Backwash Recovery Pumps and Filter Backwash  Project in the amount of  ( 36,688.95 ), making the revised final contract amount $244,811.05 and authorizing the City Manager and Mayor to sign and execute all required contract documents.

 

Item 23 -        Wrap Around Agreement with Premier Magnesia for Magnesium Hydroxide for the Reclaimed Water Treatment Plant

 

The Reclaimed Water Treatment Plant is completing a pilot study with Premier Magnesia, LLC, using their Magnesium Hydroxide Mg(OH)2. The object of the pilot study is to increase the low pH and alkalinity at the Reclaimed Water Treatment Plant to in order to stay within Florida Department of Environmental Protection (FDEP) parameters. Magnesium Hydroxide is the only NON-HAZARDOUS, EARTH-FRIENDLY alternative for increasing pH, alkalinity and reduction of Hydrogen Sulfide gases within sanitary sewer systems.  The results of the study have been extremely positive and effective.  Staff recommends continuing the use of this product through fiscal year 2013.  The contract price for the magnesium hydroxide is $2.38 per gallon.  Based upon the pilot study, it is expected that the plant will require up to 80,000 gallons during the year.  The initial scope of work is for 37,815 gallons at a total of $90,000. Funds are available in the plant’s FY13 chemical account.

 

Funding Account No.: 401-0400-535.52-19                  

 

Staff recommends approval of a wrap-around agreement with Premier Magnesia, LLC for magnesium hydroxide for the Reclaimed Water Treatment Plant in the amount of $90,000 as established by contract through the St. Johns County Bid No. 10-70 and to authorize the Mayor and City Manager to execute all necessary documents.

 

Item 24 -        Bid Award for Purchase of Water and Wastewater Treatment Chemicals

 

The City of Port Orange was part of a cooperative bid solicitation headed by the City of Palm Coast for the purchase of bulk chemicals.  A total of 25 companies submitted bids for various chemicals used at the water and wastewater facilities.  Bid tabulations are attached.  The most responsible, responsive bidder has been determined based on price and the ability to meet all specifications as stipulated in the bid.  A comparison of bid prices compared to existing prices is as follows:

 

Chemical                                           FY 2012 Price           FY 2013 Bid Price (Vendor)

Liquid Sodium Hypochlorite          $  0.68/gal.                 $ 0.638/gal. (Odyssey)*

Methanol                                           $  2.165/gal.              $ 2.395/gal. (Thatcher Chemical)

Polyaluminum Chloride                 $  0.165/lb.                 $ 0.18/lb. (CedarChem)

Liquid Sodium Bisulfate                 $  1.868/gal.              $ 1.759/gal. (Thatcher Chemical)

Ammonium Sulfate Solution                n/a                       $ 1.759/gal. (Thatcher Chemical)

High Calcium Bulk Quicklime       $  196.14/ton             $ 191.19/ton (Carmeuse)

Hydroflousilisic Acid                                   $  498.00/ton             $ 498.00/ton (Harcros)

Anionic Polymer                              $  400.50/drum         $ 432.00/drum (Polydyne)

Liquid Carbon Dioxide                    $  215.00/ton                      no response**

Anhydrous Ammonia                      $  0.65/lb.                   $ 0.675/lb. (Airgas)

 

*Allied Universal Corporation was the low bid on liquid sodium hypochlorite at $0.607 per gallon; however, based upon the company’s previous history of regulatory actions, fines, environmental penalties, response center notifications and bid cancellation with the City of Stuart, staff recommends awarding the bid to the next lowest responsive bidder which is Odyssey Manufacturing Company.

**No vendor provided a bid to the City of Port Orange for liquid carbon dioxide for FY 2012-2013. 

 

Funding Account No.: 401-0200-533.52-19 & 421-0400-535.52-19

 

Staff recommends approval of the FY 2013 bid award to the vendors listed below in parenthesis for each of the bulk chemicals listed, subject to Florida Corporate registration for CedarChem.

 

Item 25 -        Agreement with Carmeuse Lime & Stone for Calcium Bulk Quicklime for the Water Treatment Plant

 

The City of Port Orange was part of a cooperative bid solicitation, Bid # ITB-PW-U-12-13, advertised by the City of Palm Coast for the purchase of bulk chemicals for FY2012-2013.  O-N Minerals (Luttrell) Company, d/b/a Carmeuse Lime & Stone, Inc. (Carmeuse) was the qualified low bid for calcium bulk quicklime for the water treatment plant in the amount of $191.19 per ton.  Based upon previous history, staff anticipates utilizing approximately 2,100 tons for a total annual contract price of $401,499.  Funds are budgeted in the Water Production Division’s chemical account.

 

Funding Account No.: 401-0200-533.52-19

 

Staff recommends approval of the attached Standard Contract for Services with O-N Minerals (Luttrell) Company, d/b/a Carmeuse Lime & Stone, Inc. in the amount of $401,499 for calcium bulk quicklime for the water treatment plant and authorizing the Mayor and City Manager to execute all required contract documents.

 

Item 26 -        Agreement with Odyssey Manufacturing Company for Liquid Sodium Hypochlorite for the Water Treatment Plant, Wastewater Treatment Plant and Reclaim Lake Facility

 

The City of Port Orange was part of a cooperative bid solicitation, Bid # ITB-PW-U-12-13, advertised by the City of Palm Coast for the purchase of bulk chemicals for FY2012-2013.  Allied Universal Corporation was the lowest bid at $0.607 per gallon for liquid sodium hypochlorite; however, based upon the City’s previous experience with the product provided by Allied as well as the company’s history of regulatory actions, fines, environmental penalties, response center notifications and bid cancellation with the City of Stuart, staff recommends awarding the bid to the next lowest responsive, responsible bidder which is Odyssey Manufacturing Company. They bid a price of $0.638 per gallon.  Based upon previous history, staff anticipates utilizing up to 450,000 gallons of liquid sodium hypochlorite for a total annual contract price of $278,100.  Funds are budgeted in the water and wastewater chemical accounts as follows:

 

Funding Account No.:                    401-0200-533.52-19            $127,100

                                                            401-0400-535.52-12            $160,000

 

Staff recommends approval of the attached Standard Contract for Services with Odyssey Manufacturing Company in the amount of $287,100 for liquid sodium hypochlorite for the water treatment plant, wastewater treatment plant and reclaimed lake facility; and authorizing the Mayor and City Manager to execute all required contract documents.

 

Item 27 -        Agreement with Thatcher Chemical of Florida for Bulk Chemicals for the Water Treatment and Wastewater Treatment Plants

 

The City of Port Orange was part of a cooperative bid solicitation, Bid # ITB-PW-U-12-13, advertised by the City of Palm Coast for the purchase of bulk chemicals for FY2012-2013.  Thatcher Chemical of Florida was the qualified low bid for methanol, liquid sodium bisulfate and ammonium sulfate solution for the water and wastewater treatment plants in the amount of $2.395, $1.759 and $1.759 per gallon, respectively.  Based upon previous history, staff anticipates utilizing approximately 37,500 gallons of methanol, 11,000 gallons of liquid sodium bisulfate and 25,000 gallons of ammonium sulfate solution for a total annual contract price of $152,912.  Funds are budgeted in the water and wastewater chemical accounts as follows:

 

Funding Account No.:                    401-0200-533.52-19            $  43,750

                                                            401-0400-535.52-12            $109,162

 

Staff recommends approving the attached Standard Contract for Services with Thatcher Chemical of Florida in the amount of $152,912 for methanol, liquid sodium bisulfate and ammonium sulfate solution for the water and wastewater treatment plants and to authorize the Mayor and City Manager to execute all required contract documents.

 

Item 28 -        Agreement extension with Airgas Carbonic Inc. to supply Carbon Dioxide used at the Water Treatment Plant

 

No vendor provided a bid to the City of Port Orange for liquid carbon dioxide on the joint municipality’s cooperative bid for the purchase of bulk chemicals for FY 2012- 13, bid # ITB-PW-U-12-13. However our existing vendor, Airgas Carbonic Inc., has agreed to extend its current contract through FY 2012-13 under the same pricing terms and conditions as the past two years

 

Chemical                                FY2011 Price           FY2012 Price       FY2013Price

Liquid Carbon Dioxide             $ 215.00/ton              $215.00/ton          $215.00/ton

 

Staff considered a wraparound contract with Palm Beach County which doesn’t go into effect until October 27th 2012; however the price on their contract is $250.00/ton.

 

The City of Port Orange, Water Treatment plant uses approximately 162 tons per year of carbon dioxide to treat its water. The Public Utilities Department is requesting Council approval to extend Airgas Carbonic Inc. agreement for one (1) year in the initial amount of $35,000.

 

Project No.: N/A                                            Funding Account No.: 40102005335219

 

Staff recommends waiver of the normal bidding procedures and approval of a one (1) year extension and standard contract for services with Airgas Carbonic Inc. in the amount of $35,000 for carbon dioxide and authorizing the Mayor and the City Manager to execute all required contract documents.

 

Item 29 -        Approval to Piggyback City of Jacksonville’s Contract (CS-0136-10) with USA Services of Florida, Inc. for street sweeping services

 

City of Port Orange’s current street sweeping services contract with USA Services of Florida, Inc. expires September 30, 2012. USA Services is allowing the City of Port Orange to piggyback services from the City of Jacksonville renewed contract (CS-0136-10) dated August 8, 2012 at the original cost of $28.70 per curb mile. The Sweep Master sheet attached provides a breakdown of the streets, curb miles, and the frequency of sweeps per month.  Current contract price is $28.70 per curb mile which equates to a total annual cost of $108,646.08.  Service would begin October 1, 2012, through September 30, 2013.

 

Funding Account No.: 41061005343414

 

Staff recommends approval to piggyback the city of Jacksonville’s contract (CS-0136-10) with USA Services of Florida, Inc. for street sweeping services for a total annual contract amount of $108,646.08, and to authorize the Mayor and City Manager to execute documents as necessary, subject to approval of the FY 2013 operating budget, subject to execution of a contract extension.

 

Item 30 -        Sheriff’s Association Contract to Purchase Fleet Vehicles & Equipment

 

Both Public Works and Public Utilities utilize their own “Vactor Truck” as part of daily operations to maintain storm and sanitary sewer systems respectively.  This harsh environment is extremely wearing on the pumping equipment, resulting in 237 days of lost productivity in the last year alone.  Therefore, we propose to obtain a 3rd Vactor using the competitively bid Sheriff’s Association contract.  The new vactor would consist of a separate “International-brand cab & chassis tandem axle truck” supplied by Navistar, outfitted to specifically accommodate a “VacCon-brand sewer combination cleaner” supplied by Southern Sewer.  Both vendors have provided a quote consistent with the unit pricing in their contract.  The new Vactor would be assigned to Public Utilities where it will be utilized daily for cleaning, maintenance, and inspection of gravity sanitary sewer mains and for emergency excavations during water & sewer main breaks.  Having a 3rd vactor would enable the existing PU vactor to be refurbished over a minimum 3-month period by mounting a new pumping unit on the existing truck (as scheduled in FY13).  The refurbished vactor could then be re-assigned to PW, allowing the existing PW vactor to be placed in service to address workload demands and prepare for pending hurricane events, or simply become a “floater” serving as an emergency backup to both Departments. 

When the original Purchasing Ordinance was developed, it allowed piggybacking of bids by other governments, and did not take into account associations acting on behalf of government agencies.  Recent detailed reviews of Purchasing Codes revealed this limitation.  City informal policy has routinely utilized the Sheriff’s Association Bid for over a decade, including the 2012 purchase of Police Vehicles.  Staff will be bringing forward revisions to the Purchasing Ordinance, formally allowing piggybacking of “association” bids. 

 

Funding Account No.: 505-1000-519-6400

 

Staff recommends waiver of the formal bidding procedures and authorizing the utilization of the Sheriff’s Association Contract No. 11-19-0907 to purchase fleet vehicles and equipment from Navistar, Inc. in the amount of $88,977.00, and Southern Sewer Equipment Sales in the amount of $233,279.35, subject to the receipt of signed contracts from the vendors, and authorizing the Mayor & City Manager to execute contract documents, as necessary.

 

Item 31 -        Laundering/Dry Cleaning Service for Police and Fire Personnel

 

Castle Cleaners, Inc. was awarded the laundering/dry cleaning service contract for police and fire uniforms in September 2009.  The contract expires on September 30, 2012.  Castle Cleaners, Inc. has agreed to extend the contract under the same prices, terms and conditions until January 15, 2013.  Staff is in the process of preparing to bid this contract.

 

Staff recommends extending the current laundering/dry cleaning service contract with Castle Cleaners until January 15, 2013.

 

Item 32 -        Contract Extension for Fuel Purchases Volusia County Cooperative Bid #09-B-30VO

 

In 2009, the City of Port Orange participated in a cooperative fuel bid facilitated by the County of Volusia, on behalf of several named local municipalities.  The bid was awarded to three vendors:  Glover Oil, Mansfield Oil, and Watkins Oil.  On May 3, 2012, the County renewed extension of the contract with all suppliers.  Different vendors are used due to various tank capacities and site specific delivery constraints. We are requesting authorization of the purchases as presented in the table below.

 

Vendor                      Department                          Account                                Amount

 

Glover Oil TOTAL    Public Works (Inventory)    001-1000-519-5202             $540,000

Watkins Oil                Public Utilities                      401-0600-536-5210             $40,000

Watkins Oil                Fire                                         001-3100-522-5210             $15,000

Watkins Oil                Parks & Recreation             001-4400-572-5210             $2,500

Watkins Oil TOTAL                                                                                                 $57,500

 

Staff recommends approving the renewal of the contract with the firms of Glover Oil, Mansfield Oil, and Watkins Oil, for annual fuel purchases in accordance with the terms of the Cooperative Bid of Volusia County Bid#09-B-30VO, authorizing purchases of $540,000 for Glover Oil and $57,500 with Watkins Oil, and authorizing the Mayor & City Manager to execute contract documents, as necessary, and subject to approval of the FY13 operating budget, subject to execution of extension contract.

 

E.   FINANCE (John Shelley)

 

Item 33 -        Second Reading - Ordinance No. 2012-19 – Amendment of Code of Ordinances relating to the Fire and Rescue Pension Fund

 

Attached is an Ordinance amending Chapter 54, Article IV, Code of Ordinances, City of Port Orange Florida, entitled Fire and Rescue Pension Fund; Amending Section 54-77, revising definitions; Amending Section 54-82, Revising the Normal retirement date and benefit amounts; Amending Section 54-91, revising the maximum pension limitation; Amending Section 54-100, revising the deferred option retirement plan.  The financial impact of the attached Ordinance change is currently being prepared by the Actuary and will be attached to and included with the second reading of this Ordinance. These changes will become effective immediately upon adoption of the attached Ordinance.  Please see the attached Ordinance for more detail.

 

Staff recommends approval of Ordinance No. 2012-19.

 

City Manager Comments: The City Council in March 2010 resolved the contract article related to pensions.  Since that time, the City has been involved in several legal actions related to the contract itself.  In May, 2012, the City received the ruling from the First District Court of Appeals on the Union’s appeal of the final PERC decision.  This implements Ordinance implements the changes to the Pension Ordinance that was imposed by the City.  The major changes are:

 

Firefighters will no longer be eligible to retire with 20 years of service regardless of age.  They will have to meet the Chapter 175 minimum age requirements before they can retire.  Those are:

 

Normal Retirement Age:                 55 years of age and 10 years of service

Early Retirement Age                     50 years of age and 10 years of service

Alternative Retirement Age            52 years of age and 25 years of service

 

COLA and Supplemental Benefits change:

 

An employee is only eligible for COLA and supplemental benefit if they complete 25 years of service.

 

The supplement is reduced from a maximum of $600 per month to a maximum of $500 per month.

 

The COLA is changed from a guaranteed 3% after being retired for 5 years to the lesser of 3% or the COLA received by Social Security Recipients.  However, no COLA will be given until the Plan achieves a funding ratio of at least 80%. 

 

Changed the definition of pensionable wage to exclude overtime, specialty and incentive pays, other lump sum payments to pensionable wage is only base salary.

 

Changed from the average of the high three years to the average of the high five years in order to determine the salary amount to be used to calculate the retirement benefit.

 

The multiplier did not change.  It remained at 3%. 

 

DROP is still in the contract article.  What did change was DROP account will not be paid a guaranteed interest rate.  They will earn what the plan earns or what the plan loses. 

 

The City continues to work with the Fire Union negotiation’s team related to contract issues, including the Pension article.  After completion of negotiations with the Fire Union, it may be necessary to amend the Pension Ordinance again. 

 

Item 34 -        Monthly Financial Report

 

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

 

F.    COMMUNITY DEVELOPMENT (Wayne Clark)

 

Item 35 -        Discussion regarding Sign Permit Code

 

The Land Development Code (LDC) currently requires a building permit for any person to erect, construct, alter or relocate any temporary or permanent sign (Exhibit “A”). Licensed contractors or qualified owner/builders are required to pull these permits. The only sign alterations or installation that can be done by someone other than a contractor or owner/builder are to paint the face of a freestanding sign or to install a temporary sign.

 

Through the 1980s, copy changes on signs were exempt from permitting. However, the LDC was changed in the 1990s to require building permits for all sign copy alterations due to increasing code violations related to the number of tenants and panels on a sign.

 

Although the Florida Building Code requires contractors to perform much of the work associated with sign installation and modification, not all modifications include structural and electrical work. In some cases, minor modifications such as vinyl letter replacement, could be done by anyone. A sign permit would still be needed to ensure compliance with LDC requirements for size, color, and other aesthetic items but it could be set up so that it is not required to be issued to a contractor. Exhibit “B” includes examples of different types of signs for discussion purposes.

 

  1. PARKS AND RECREATION (Susan Lovallo)

 

Item 36 -        Resolution No. 12-58 – Amending Fee Resolution 12-1 Establishing Revised Fees for City Co-Sponsored Athletic Leagues

 

City Council recently approved a new agreement with City co-sponsored athletic groups. As part of the new agreement the co-sponsored groups have agreed to a new rate structure as follows, and to be made a part of amended Resolution 12-1 as Exhibit B:

 

Full year co-sponsored Fee of $4,000 per annum

Half year co-sponsored Fee of $2,000 per annum

And to delete the $2.00 per month per player fee

 

Staff recommends approval of the rate increase under Resolution No. 12-58.

 

Item 37 -        Resolution No. 12-59 - Co-Sponsorship Sports Groups Agreements beginning in 2013.

 

Recently the Parks & Recreation Department has been approached by various sports groups wishing to join forces with the City as co-sponsored sports groups.  As the City has grown and the needs of our co-sponsored groups have grown and changed, the current co-sponsored agreement has become outdated and in need of revisions in order to keep up with the demands and usage of our facilities and personnel.  We have met with the Parks & Recreation Advisory Board members and our current co-sponsored groups, PAL, Pop Warner Football, Blazers, and the Port Orange Soccer Club to review and discuss the future needs of co-sponsored groups and their impact on the City as it pertains to facility space, fees, and the benefits to the community. 

 

Both the advisory board and co-sponsored groups have reviewed and made recommendations to the attached agreement.   

 

Staff recommends approval of the proposed revised agreement between the City of Port Orange and the various Co-Sponsored sports groups beginning with the 2013 fiscal year.  The new proposed agreement is enclosed.

 

H.   PUBLIC WORKS (Roger Smith)

 

Item 38 -        Second Reading – Ordinance No. 2012-22 – Award of Non Exclusive Franchise for Roll-Off Containers (Bid No. 12-43)

 

Staff advertised and received three responsive submittals for the Non-Exclusive Franchise for Roll-Off Containers (Bid # 12-43). Under this agreement the above vendors are allowed to contract container services for the collection and disposal of construction and demolition debris within the City of Port Orange with various organizations, firms, and entities. In exchange, each vendor agrees to pay a monthly franchise fee of eighty-five dollars ($85.00) and a twenty dollar ($20.00) “pull charge” on each container in service. This agreement will become effective October 1, 2012 through September 30, 2013.

 

Staff recommends approval of Ordinance No. 2012-22, Granting Non-Exclusive Franchise Agreement for Roll-Off Containers (Bid #12-43), to Waste Pro of Florida Inc., Southeast Container Service Inc., and Samsula Waste, Inc., and authorizing the Mayor and City Manager to execute contract documents as required.

 

I.      ADMINISTRATION (Ken Parker)

 

Item 39 -        Major Special Event Request – Lighthouse Loop Half Marathon at Our Deck Down Under, 78 E. Dunlawton Avenue; Aunt Catfish Restaurant, 4009 Halifax Drive; and the vacant lot at 4075 Ridgewood Avenue (adjacent to the Aunt Catfish parking lot)

 

City staff has received a special event request from Jennifer Florida and Stephanie Rees, race directors for the inaugural Lighthouse Loop Half Marathon. The proposed hours of the event are from 6:00 a.m. until 11:00 a.m. on October 28, 2012. The event is to raise money for ten Volusia County High School athletic programs. The event will start at Our Deck Down Under located at 78 E. Dunlawton Avenue. Runners will proceed south to the Ponce Inlet Lighthouse and will then race back north and finish at Aunt Catfish Restaurant located at 4009 Halifax Drive. There will be an awards ceremony after completion of the race at 4075 Ridgewood Avenue, which is the vacant lot adjacent to the Aunt Catfish parking lot. The ceremony will include designated areas for refreshments, a live DJ, and ten sponsor exhibit tents. There will be port-o-lets and trash receptacles on site for the ceremony events. The event directors have requested that the surety bond be waived. The cost of the surety bond is determined by the City Council as outlined in Chapter 58, Article III, of the City of Port Orange Code of Ordinances, and has generally been set at $250.00 when required for past events.

 

Staff recommends approving the special event request for the West Volusia and Volusia Coastal Runners known as the Lighthouse Loop Half Marathon subject to the nine conditions in the attached staff report.

 

City Manager Comments:  The applicant has requested to use CRA and City owned land in the Riverwalk area for parking.  They are not proposing to provide any insurance related to the parking in the Riverwalk area.  The Adult Center located on Halifax Drive has been rented on that date and therefore that parking lot will not be available for parking.  What we know is that event will draw a large crowd who will be parking in the area regardless unless we designate the area as no parking.  The CRA and the City Council had indicated that they supported the group using the area for this event.  They are requesting the waiver of the bond requirement.  We have no experience with this group.  The City Council has waived the bond requirement for surety bonds from other groups.  However, that is because the Council has had an experience with their performance.  If the City Council does not specifically eliminate the surety bond in its motion, then the surety bond will be required.  Since this is a new special event, I have not placed it on the consent agenda for that reason. 

 

J.    COUNCIL COMMENTS

 

Item 40 -        Comments/Concerns from Council Members

 

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

 

Item 41 -        City Council Committee Reports

 

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

 

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