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 June 6, 2006


Date:               May 30, 2006



B.                 BOARD APPOINTMENT


Item 4 -           Civil Service Board


The term of Charles Hoyle expired on May 16, 2006.    Mr. Hoyle is interested in being reappointed.  Currently, there are no other applications on file for this Board.


City Manager’s Comment:           Fortunately, during the past two years, this Board has not had to meet.  However, it is an important Board since it makes recommendations on disciplinary matters that are referred to the Board by the City Manager.  I rarely have disciplinary issues appealed to the City Manager level.  Most are handled at the supervisory or Department Head level. 



C.                CITIZEN PARTICIPATION (Agenda)

D.                CITIZEN PARTICIPATION (Non-Agenda)

E.                 CONSENT AGENDA

Item 5 -           Approval of Minutes


Attached are the minutes of the following meetings:  Regular Meeting – March 7, 2006; Regular Meeting – March 21, 2006; Special Meeting – April 4, 2006; Regular Meeting – April 4, 2006; Special Meeting – April 25, 2006; and the Regular Meeting of April 25, 2006.  If you have questions, please contact either Shirley Kelly or me.  We recommend approval.


Item 6 -           Update on Construction Projects


Attached is the update from Quentin Hampton’s.  If you have questions, please contact Mark Hampton or me.  We recommend approval.


Item 7 -           Update on Recreational Facilities


Attached is the update from Parks and Recreation.  If you have questions, please contact either Glen Walker or me.


Item 8 -           City Attorney’s Report


Attached is the City Attorney’s Report.  If you have questions, please contact Margaret Roberts.


Item 9 -           Road Construction Report


Attached is the report from Public Works.  If you have questions, please contact either Warren Pike or me.


City Manager’s Comments:  Warren has included updates on South Williamson, Clyde Morris and Dunlawton.  I spoke with Chris Walsh with Kimley-Horn last Thursday night.  They have completed the 30% design for the lane improvements on Clyde Morris Boulevard.  Those have been submitted for review.  As soon as those are approved, they will go to final design of the improvements for the intersection.  Hopefully, we will be able to bid those improvements later this year.


Item 10 -        BellSouth Public Safety Circuit Renewals


Staff is recommending renewal of the communication service agreement connecting the Police Department and Fire Stations 72 and 74.  The addition of the City’s fiber optic network to reduce the necessity for continuing service at Fire Stations 71 and 73.  Staff is further recommending that the bandwidth be increased at Fire Stations 72 and 74.  The attached memorandum contains the change details and an original agreement for your review.  Approval of the agreement will provide the Fire Stations with additional bandwidth without further cost and $444.80 per month reduction.   Staff recommends that Council authorize the attached agreement with BellSouth continuing service for an additional 37 months.


Item 11 -        FDN Redundant Phone Circuit


Staff is recommending the execution of the attached telephone service agreement which will provide redundancy if the City’s main service provider has a loss of service.  The monthly cost for this circuit is $558.93 which is allocated in account 501-0700-590-4100.  The back-up service would have a daily operational value and become a critical communications layer for our Emergency Operations Center in an event of activation.  The termination of this circuit will be at City Hall, extending back up telephone services to City Hall, Police Department, Fire Stations 71/73, Garnsey/Reclaimed Water Plants, along with Public Works, Warehouse, and Water Distribution facilities.  Staff recommends that Council authorize the attached agreement with FDN back up telephone service for a term of 36 months.


Item 12 -        Approval of Contract to Dredging & Marine Consultants (DMC)


The City Council approved the final ranking of the Selection Committee for DMC for engineering the erosion control at Causeway Park and the repair of five seawalls south along Halifax Drive in the amount of $61,100.  Staff recommends approval.


City Manager’s Comments:  This will correct a procedural problem.  At the last City Council Meeting, I placed the awarding of the contract on the agenda before the City Council ranked the consultants.  This would place the contract in the proper order with the Council awarding the contract to DMC after the ranking.


Item 13 -        Storage Tank and Site Pollution Liability Insurance:  06-07 Coverage


In order to provide the broadest financial protection for incidents arising from an environmental event involving fuel storage tanks, including electrical generator equipment, and three City facilities (Vehicle Maintenance Facility, Wastewater Treatment Plant and Water Treatment Plant), staff recommends the selection of the proposal provided by Liberty.  Liberty has an A.M. Best’s Rating of A, XV. 


The proposed premium for the 06-07 policy term is $27,360. This is $1,006.66, or +3.8%, more than the previous year’s premium.


The City insurance broker, Brown & Brown Insurance, approached three other insurance markets for alternative proposals. Two declined because they could not compete with the current pricing of the program and the third was unable to provide a proposal within the specified time frame.


Staff recommends the selection of Liberty for the fuel storage tank and site pollution liability insurance coverage for the policy term June 21, 2006 through June 21, 2007. 


Item 14 -        Amend the Contract with Bellomo-Herbert & Company Architects, Inc.


Staff is requesting Council amend the contract with Bellomo-Herbert & Company Architects, Inc., in the amount of $4,500 to provide engineering services for two foot bridges on the Gamble trails.  These are needed for the safety of the public.  This will bring the contract total to $41,487.50.  Staff recommends the increase of $4,500 to the contract of Bellomo-Herbert & Company Architects, Inc.


Item 15 -        Change Order No. 5 – Southmass Contract – Restoration of Gamble Place


The City has received a request for a change order in the amount of $500.  This is for the copper gutters for Gamble.  From the time the gutters were ordered until they arrived for installation, the price of the product went up $500.  This was beyond the control of the General Contractor. 


Item 16 -        Authorization for City Attorney to Accept Settlement in the Case of Edward McGilloway vs. City of Port Orange


After reviewing the case and the facts surrounding the case, the City Manager and City Attorney recommend settling the suit with Edward McGilloway in an amount not to exceed $7,500. 


F.                 BOARDS AND COMMISSION

Item 17 -        Reports from Advisory Boards

a.                  Environmental Advisory Board


A member of the Environmental Advisory Board will report to the Council at this time on the Board’s activities.

b.                  General Employees Benefit Trust Fund Board Request


Over the past year the General Employees Retirement Committee has been evaluating various options for enhancements to the General Employees Defined Benefit Retirement Plan.   A package of five (5) enhancements has been selected by the Committee for presentation to the Council.  One of the enhancements has no monetary impact.  That is the Deferred Retirement Option Plan (DROP).  The other four (4) enhancements combined represent an annual cost of 4.99% of salary, but only 3.81% over the Funding Standard Account.  These enhancements have been discussed with Union Representatives. 


The General Employees Retirement Committee would like the opportunity to address the Council to describe the benefit enhancements desired and to explain the projected financial impact of these benefits.  It is the desire of the Retirement Committee to see these recommended enhancements adopted.  Due to the fact that union members participate in the General Employees Retirement Plan, the Retirement Committee understands that these retirement benefits are subject to mandatory collective bargaining.  The attached documents outline the Retirement Committee’s proposal, as well as responses to several questions posed by the City Manager related to that proposal.


City Manager’s Comments:  Retirement is subject to collective bargaining.  The General Employees Pension Plan has employees that are part of the contracts that have to be negotiated.  However, the Plan covers employees who are not covered by collective bargaining contracts.  However, since the Plan is composed of both groups of employees, I must recommend that you not agree to any changes to the General Employees Plan on Tuesday evening but rather take the proposals under advisement.




Item 18 -        Resolution No. 06-49 – Approving the Citizen Participation Plan as Part of the Community Development Block Grant Consolidation Plan


This Citizen Participation Plan is an essential element in the Community Development Block Grant (CDBG) consolidated plan process.  This plan must be in place prior to holding public meetings in anticipation of our CDBG award.  The Citizen Participation Plan has been drafted by the City’s CDBG consultant and reviewed by staff.  Staff recommends approval.


Item 19 -        Discussion – Sandwich Board Signs – Phil Farruggio


At its May 17, 2006 meeting, the City Council heard from Mr. Phillip Farrugio, owner of the Brooklyn Ice Caffe, located at 4649 Clyde Morris Boulevard, in the Gulfstream Village shopping center. Mr. Farrugio asked the Council to allow him to continue displaying a sandwich board sign in front of his restaurant. With one exception, such signs are not allowed anywhere in the City. Staff was asked to explore this issue and report back on June 6, 2006. The attached memorandum explains where such signs are currently allowed, and provides issues for the Council to consider should it wish to allow sandwich board signs elsewhere in the City.


City Manager’s Comments:  The developer of Gulf Stream has indicated that he does not support sandwich boards within the Gulf Stream development.  Since Gulf Stream was developed under conventional zoning, any change would apply to other similar developments.  If this development was  a PCD, you potentially could have sandwich board signage as part of the uniform signage program.


H.                 PUBLIC WORKS


Item 20 -        Space Needs Study


Earlier this year, the City Council authorized a space needs study.  You have seen the preliminary results of the study.  On Tuesday night, the consultant will present the findings to the City Council.


     I.                     ADMINISTRATION


Item 21 -        Resolution No. 06-50 - FDEP TMDL Water Quality Restoration Grant (Cambridge Basin Central Improvements)


The City intends to make application to the Florida Dept. Environmental Protection (FDEP) Total Maximum Daily Loading (TMDL) Water Quality Restoration grant program seeking funding assistance.  The program assists with efforts to reduce urban non-point source pollution discharged to impaired waters.  The City’s application will help construct the Central stormwater improvements in the Cambridge Basin.   


The total project cost for the construction and inspection services is $4,000,000.  Port Orange requests $2,000,000 (50%) from FDEP and the City matches that request with $2,000,000 (50%).   The City’s match derives from the 2005 Drainage Bond.


Staff recommends that Council approve the attached resolution authorizing the City Manager to submit a grant application to the FDEP TMDL Water Quality Restoration grant program, authorize the Mayor and City Manager to executed any contracts or agreements, and provide a match.


City Manager’s Comments:  This is an opportunity for us to secure additional grant funds for Cambridge.  We have not received bids for the southern and central portions of the Cambridge Basin.  The project has been advertised but not awarded.  We will not be awarding the contracts until after July 1.  The Legislature recently approved money for Cambridge and the Governor signed the Bill into law.  The funds will not become available until after July 1.  We are attempting to find as much money as possible for Cambridge.  I am concerned that we will need every penny of grant dollars in order to offset the increased cost of construction. 


J.                  COUNCIL COMMENTS

Item 22 -        Comments/Concerns from Council Members


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