To:                   Mayor Allen Green

                        Vice Mayor Mary S. 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

February 7, 2006


Date:               January 30, 2006





Item 4 -           Universal Pet Tag Program


Some time ago, Veterinarians approached the City Council about withdrawing support for the proposed Universal Pet Tag Program.  Some time ago, Volusia County appeared before the Council requesting the City to support such a program.  The City Council did so as did the vast majority of cities within Volusia County.  The City Council asked that we agenda this item for further discussion since the original item was placed on the Agenda during Citizen Participation-Non-Agenda.





It is my understanding that the County Council is reviewing the proposal.


If Port Orange withdraws, it would drop the percentage of participating cities below the threshold that was established for implementation of the program.  I have asked Matt Greeson, Acting County Manager, to have a representative present at Tuesday’s meeting to update the City Council on the status of the Universal Tag effort in Volusia County.



D.                CONSENT AGENDA


Item 5 -           Approval of Minutes/Status Report


Attached are the minutes of the meetings of September 20, 2005, and October 4, 2005.  If you have questions, please contact either Shirley Kelly or me.  We recommend approval.


Item 6 -           Update on Water/Sewer Construction Projects


Attached is the report from Quentin L. Hampton’s.  If you have questions, please contact Mark Hampton or me.  We recommend acceptance of the report.


Item 7 -           Update on Recreational Facilities


Attached is the report from Parks and Recreation.  If you have questions, please contact Glen Walker.  We recommend acceptance.


Item 8 -           Road Construction Report


Attached is the report from Public Works.  If you have questions, please contact Warren Pike or me.  Please note that the planned improvements for South Williamson are progressing.  At last report, there were two parcels of land to be acquired.  One of those parcels is the responsibility of the City of Port Orange.  We continue to negotiate with the property owner.  However, it may be necessary to condemn the property in order to move forward with the project in an expedient manner.  There is a Resolution on the Agenda that would allow us to take legal action, if necessary, to acquire the property.  The property is needed for retention for South Williamson, to meet the water quality standards for an outstanding Florida Water for discharging into Spruce Creek, and for treatment and addressing additional city stormwater issues including providing retention for Homier Road/SummerTrees Road improvements. We recommend acceptance.


Item 9 -           Bid Award – Spruce Creek Road Improvements


This project involves (1) the installation of sidewalk, fiber optic conduit, stormwater system upgrades, gravity sewer lines and water line replacement on Spruce Creek Road from Commonwealth to Dunlawton and (2) the installation of a sidewalk in Buschman Park around the retention pond.


Two contractors submitted separate bids.  Masci Corporation submitted the apparent low bid of $1,160,310.  Our engineering consultant, Quentin L. Hampton (QLH), evaluated the bids and unit prices.  QLH determined that the prices in Masci’s bid were found to be fair and representative of current industry standards, based upon the site-specific characteristics.


As a result, staff has found Masci Corporation to be the most responsive, responsible bidder, and we are recommending that Council award the project to Masci Corporation.


Construction funding is available in the Spruce Creek Road Improvements Capital Project, UET019.


Staff recommends that Council award Bid No. 06-03, Spruce Creek Road Improvements, to the firm of Masci Corporation in an amount of $1,160,310 and to authorize the Mayor and City Manager to execute the associated contract documents on behalf of the City. 


Item 10 -        Purchase – Filter Media for Garnsey Water Plant


Public Utilities personnel are currently in the process of repairing the underdrain system of the filter bays in the central process train at the Garnsey Water Plant.    New filter media will be required to bring the filters back to as-new condition.


Quotes were solicited for complete replacement media for all four (4) filter bays, including delivery to the site.  The Parry Company submitted the lowest quote of $30,512.03 delivered.  Staff recommends approval.


Funds are available in the Capital Improvement Project #WWP003, Water Plant Improvements, account number #40302005336397.


Staff recommends that Council authorize the purchase of replacement filter media for the central process train at the Garnsey Water Plant and approve a purchase order to The Parry Company in the amount of $30,512.03.


Item 11 -        Change Order No. 2 – Increase Robert Hall Construction’s Contract


This Change Order to increase Robert Hall Construction’s contract is being requested to cut existing site pad down - $1,335, addition of two monitoring wells as recommended by Universal Engineering Services in the site evaluation - $785 and to complete the storm drainage project based on plans by City of Port Orange Department of Community Development - $33,647 for a total increase of $35,767.  Staff recommends that Council approve Change Order No. 2 to increase Robert Hall Construction’s contract for additional work on the amphitheater in the amount of $35,767. 


When the fill material was brought in for the pavilion, it was installed at the finished floor elevation rather than at the finished floor elevation of when the concrete was added.  This created a problem with the handicapped accessibility.  Fill material had to be removed in order to make the site handicap accessible.


Item 12 -        Purchase – Fire and EMS Report Hardware


The Department of Fire & Rescue needs mobile data terminals (Compaq Notebooks) to replace the outdated units currently installed in the fire apparatus.  Due to changes in technology, the current MDT’s do not have the capability of performing field communications and downloads on calls.  The desktop computer is to be installed at Fire Station 73.  This station operates with two ALS units and has a very high emergency call volume.  The additional PC will allow for fire and EMS reports to be completed by more than one firefighter in a timely manner.

Monies are available in the 609 Fund for this purchase.  The 609 Fund is the fund where revenue from Fire Department Programs is deposited, including flu shot revenues.  This purchase is consistent with the policy adopted by the City Council last year for use of funds deposited into the 609 Fund.  Staff recommends that Council approve the purchase of seven HP Compaq Notebooks and one desktop computer from JBT & Associates in the amount of $10,212.


Item 13 -        RFP - Community Development Software


Staff, under the urging of Community Development, issued a Request for Proposal for new software for their division.  While 44 packets were attained, the City received only one proposal from Innoprise Solutions.  The committee appointed to evaluate this subject has deemed that Innoprise met the requirements of the proposal and would like Council to authorize them to negotiate rates and a contract.  Once a successful contract has been reached, we will bring back that contract and the associated funding.  Award of this contract will be contingent upon budget appropriations.  Staff recommends that Council authorize staff to negotiate rates for the subject proposal. 


Item 14 -        Special Event Request – Bootsie’s Hideaway


Joe Wasserstrom, business owner of Bootsie’s Hideaway, 3400 S. Nova Rd., is requesting approval of a Special Event to be held during Bike Week 2006.  The proposed event is planned for a ten (10) day period from Friday, March 3 through Sunday, March 12, 2006.  The proposed hours for the event are from 8:00 a.m. to 2:00 a.m., daily.  This will be the first Special Event for Bootsie’s Hideaway in 2006. 


Staff recommends that Council approve the Special Event Request for Bootsie’s Hideaway, 3400 S. Nova Road, subject to twenty-five (25) conditions outlined in the attached staff report.


Item 15 -        Special Event Request – First Turn Steakhouse and Lounge


Mr. Rick Hilliard, owner of the First Turn Steakhouse & Lounge, located at 5236 and the adjacent lot at 5204 South Ridgewood Avenue, requests approval of a Special Event to be held during Bike Week 2006.  The proposed event is planned for a ten (10) day period from Friday, March 3 through Sunday, March 12, 2006. The proposed hours for the event are from 8:00 a.m. until 2:00 a.m., daily. 


Staff recommends that Council approve the Special Event request for the First Turn Steakhouse & Lounge located at 5236 & 5204 South Ridgewood Avenue, subject to twenty-five (25) conditions outlined in the attached report.


Item 16 -        Special Event Request – The Last Resort Bar


Mr. Al Bulling, owner of The Last Resort Bar, 5812 South Ridgewood Avenue, and agent for Best Cars, 5816 Ridgewood Avenue, and the vacant property at 5796 Ridgewood Avenue request approval of a Special Event to be held during Bike Week 2006. The proposed event is planned for a ten (10) day period from Friday, March 3 through Sunday, March 12, 2006. The proposed hours for the event are from 8:00 a.m. to 2:00 a.m., daily.  This will be the first Special Event for the Last Resort in 2006.


Staff recommends that Council approve the Special Event Request for The Last Resort Bar, 5812 South Ridgewood Avenue, Best Cars, 5816 South Ridgewood Avenue and the adjacent vacant property to the north, 5796 Ridgewood Avenue, subject to twenty-five (25) conditions outlined in the attached staff report.


Item 17 -        Special Event Request – The Port Hole Lounge


Robert Lowery and Julie Lowe, owners of the Port Hole Lounge, located at 928 Herbert Street and the property at 956 Herbert Street (car wash and mobile home sales), are requesting approval to hold a Special Event during Bike Week 2006.  The proposed event is planned for a ten (10) day period from Friday, March 3 through Sunday, March 12, 2006.  The proposed hours for the event are from 9:00 a.m. until 10:00 p.m., daily.


Staff recommends that Council approve the Special Event request for the Port Hole Lounge, 928 and 956 Herbert Street, subject to twenty-four (24) conditions on the attached staff report.


E.                 BOARDS AND COMMISSION


Item 18 -        Report from Environmental Advisory Board


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

F.                 PUBLIC WORKS


Item 19 -        Inspector for Cambridge Project


At the last City Council Meeting, a question was posed about the number of inspectors needed for the Cambridge Project.  The firm, Quentin L. Hampton’s, is proposing to have two inspectors available for work on the job during those times when it is necessary to have two.  I have asked Mark Hampton to have a representative present on Tuesday evening to answer questions or concerns about inspection service for the project.


G.                PUBLIC UTILITIES


Item 20 -        IResolution No. 06-40 - Pertaining to a Utility Easement Agreement for the Southwest Utilities Reinforcements


On January 3, 2006, the City awarded the Southwest Utilities Reinforcement contract to construct drinking water mains along Taylor Road, Tomoka Farms Road, and Pioneer Trail.  The design depicted installation of the mains in the public right-of-way.


Where possible, it is desirable to locate utilities outside of the right-of-way.  This lessens the possibility of future utility relocations commonly required with roadway and drainage projects.  For that reason, the City has negotiated with representatives of the Coraci land holdings adjacent to Tomoka Farms Road to secure the attached agreement (it should be noted that the city is also negotiating a similar agreement with representatives for the Olsen land holdings associated with the Coquina Cove development).


A construction Notice to Proceed is targeted for February, 2006, contingent upon (1) receipt of the fully executed construction loan agreement; and (2) a subsequent Finance Department budgetary resolution for council to appropriate the funding.


Staff recommends that Council approve the attached resolution authorizing the City to enter into a utilities easement agreement with DCS to construct, operate, and maintain utilities as part of the Southwest Utilities Reinforcements and to authorize the Mayor and City Manager to execute the resolution and utilities agreement.


H.                 ADMINISTRATION


Item 21 -        Resolution No. 06-15 – Homier Road Agreement between D.S.C. of Newark Enterprises, Inc., and the City of Port Orange


Attached is a rough draft of the contract between the City of Port Orange and DSC.  This would provide the right of way for the property necessary to extend Homier/SummerTrees Road from South Williamson Boulevard located north of Taylor Road to Taylor Road.  The City Attorney has been working with the property owner for some time to prepare the appropriate contract.  Currently, this property is encumbered by a City utility easement.  This road is needed in order for traffic concurrency to be met.  Funds have been deposited to construct the road.  We are attempting to resolve the retention issue with the County alignment issues with the residents of SummerTrees before construction can begin.


Item 22-         Resolution No. 06-17 - Authorizing the City to Proceed with Acquisition of Sun Glow Property for Stormwater Management


Earlier in the Agenda, the City Council received a report concerning South Williamson Boulevard construction.  The City is responsible for acquiring this tract of property.  The property will serve multiple purposes.  Obviously, it will serve as retention for the County’s road project.  Second, it will provide additional treatment for existing stormwater being discharged into Spruce Creek.  The Council made the determination some months ago that it was desirable to increase the size of the pond in order to address the water quality issue.  Third, it will address some potential flooding issues in the general area but increasing the volume.  Fourth, it will provide retention for the Homier/SummerTrees Road improvements.


For your information, this Resolution would authorize the City Attorney, if necessary, to take legal action to acquire the property if we are unable to negotiate a final settlement with the current property owner.  This property is essential for the construction of South Williamson Boulevard.


We continue to work with the property owner to acquire the property.  We believe we will be successful in our efforts.  We will be asking the County Council to adopt a similar Resolution supporting the acquisition of the property and to take legal action if necessary to acquire the property.


Item 23 -        Discussion - Military Buy Back


Some months ago, the City Council indicated that they may be interested in allowing employees covered by the General Employees Pension Plan to acquire credits for up to three years of military service.  This acquisition would be totally and completely at the expense of the employee.  The amount required to be contributed would be based upon the Plan’s Actuary preparing a report and giving it to the Board and employee.  Then it would be left up to the employee to determine how many years, up to a maximum of three, they desire to acquire.  If it is the desire of the Council to provide this benefit, the Ordinance would have to be amended to insert this benefit into the authorizing Ordinance.  As you will recall, the Pension Board has not recommended this change. 


The reasons that they have not recommended including this benefit are based upon the following factors:


1.                  After surveying employees, there was only one employee willing to acquire military service.  There was interest from employees if the plan would provide them with a financing option rather than a lump sum payment.  The lump sum payment is necessary to make sure the plan is properly funded. 

2.                  There was a concern about the long-term impact on the plan by adding this benefit.  The later in the employee’s career that this option is exercised, the less time the plan has to build investment revenues to pay the accrued benefit.  Also, there was a concern that the plan  would have to absorb the cost during a down market.  Please be aware that this concern applies to any changes to the plan.


Currently, only one employee has indicated that they would take advantage of the military service purchase option if it is included in the Plan document.  We may want to place some restrictions on the timeframe in which this option must be exercised.  For example, the option to acquire military years of service must be exercised within three years of becoming a member of the General Employees Pension Plan.  Current members are still in that window and that would allow them to purchase time.  The deposit to the Pension Fund must be made in a lump sum payment. 


How would this translate into benefit cost?   If the employee worked 17 years and had acquired 3 years of military time, they would retire with a benefit of a 20 year City employee.  Instead of receiving about 36% benefit, the employee would be eligible to receive 42.5% benefit.  Again, the employee has paid to the Plan a sum of money to acquire the benefit.  However, the Plan has guaranteed the benefit with the City agreeing to fund the Plan in accordance with the actuarial report submitted to the City by the Plan’s Actuary.


Although the employee is making the initial deposit into the Plan in an amount equal to the current funding requirements based upon the actuarial calculation, there is a potential that this would have a financial impact on the Plan, should the Plan not meet the actuarial assumptions. 


City Manager’s Comment:  I would like to offer the following perspective.  First, let me disclose that I would not be eligible for this benefit.  It would be only for individuals who meet the criteria for Veteran status, not members of the Reserve and National Guard.  The Police and Fire Plans have this as a benefit with the member being eligible to acquire service benefits.  There are relatively few individuals who are coming to work with the City who are veterans today.  When this benefit was placed into most plans, a large number of individuals were serving in the military.  By placing a requirement that an employee must decide within the first three years of membership in the Plan, under normal circumstances, it would allow a long period of time to earn investment revenues in order to pay benefits.  One of the concerns is allowing the acquisition of time when employees are close to retirement and that may not allow enough up markets cycles to offset down market cycles.  But the Plan has to deal with that situation each time a new or adjusted benefit is adopted.  I would recommend to the City Council that the military benefit be inserted into the General Employees Plan.  This would make it consistent with our other plans.  Establish conditions that an employee must exercise the option of acquiring military service within the first three years of becoming a member of the Plan and that the payment into the Plan must be made in a lump sum payment.  If this benefit is restricted to active duty personnel and Reserve and National Guard members are not eligible, then the likely number of eligible participants is small. 


Item 24  -       WAV Master Facilities Plan


Within a few days, WAV will be asked to adopt the Master Facilities Plan.  In order for Council Member to receive any feedback from Council prior to the vote, I have placed the item on the agenda for discussion.  You heard a presentation made at the Ponce Inlet meeting by the consultants and by the WAV Executive Director.  The Council discussed the Plan during the Ponce Inlet meeting but not in the setting where formal direction could be provided.


I.                     COUNCIL COMMENTS


Item 25 -        Comments/Concerns from Council Members


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