To: Mayor Allen Green
Vice Mayor Mary Martin
Councilman Dennis Kennedy
Councilman Robert Pohlmann
Councilman George Steindoerfer
From: Kenneth W. Parker, City Manager
Subject: Agenda Commentary for Regular City Council Meeting of June 24, 2008
Date: June 16, 2008
Item 1 - Pledge of Allegiance
Item 2 - Silent Invocation
Item 3 - Roll Call
B. SPECIAL REPORT
A representative of KemperSports Management will make a report to the Council at this time regarding the Golf Club at Cypress Head.
C. SPECIAL RECOGNITION AND PROCLAMATIONS
At this time, the Port Orange Warriors will be recognized by Council.
City Manager’s Comments: It
was brought to my attention recently that the
Recently, pogTV held its first Film Festival. The winners of the contest were:
College Film Group –
High School Film Group –
At this time, the winners will be recognized by Council.
City Manager’s Comments: On Tuesday night, the City Council will have an opportunity to recognize the student winners in the First Annual Port Orange Film Festival. The event was produced by pog-TV. The event sponsors were Brighthouse and Veoila Environmental. There were 9 entries this year. Kent Donahue brought this idea to me in the spring. I gave him permission to put together the film festival if he could obtain event sponsors to cover the cost of the event. He was able to do so. We believe that next year there will be even more interest.
D. CITIZEN PARTICIPATION (Agenda)
E. CITIZEN PARTICIPATION (Non-Agenda)
Representatives from the Port Orange Pilot Club will be in attendance on Tuesday evening to make a presentation to the Port Orange City Council. They are donating a check to construct a covered area at the Amphitheater.
F. CONSENT AGENDA
Attached is the Project Managers’ Report. If you have questions, please contact any of the Project Managers or me.
recommends that Council approve the proposed Florida Power and Light service
easement for the new
Construction submitted a sealed sketch and description of the proposed Florida
Power and Light service easement for the new
The term of the proposed coverage is the fifteen month period from July 1, 2008 through September 30, 2009. This requires cancelling the current policy effective June 30, 2008 and renewing the policy for the fifteen month period July 1, 2008 through September 30, 2009 at the lower rates. Because of lower property insurance premium rates for the renewal policy, the City is able to obtain a credit of $41,603 for the three month period on the existing policy (July 1, 2008 through September 30, 2008).
The renewal policy has a total cost of $785,754 and the detail, by line of coverage, is shown on page 24 of the proposal. The cost of the renewal policy is $214,482 less than the expiring policy, or a reduction of 21.4%.
This will be the first option year following the initial three-year contract with Brown & Brown, Inc. to provide these insurance brokerage services.
Staff recommends that Council approve the selection of the Preferred Governmental Insurance Trust (PGIT), through Brown & Brown, Inc., for the Property and Liability Insurance Program with the coverage period from July 1, 2008 through September 30, 2009. The cost of the insurance program is $785,754. The terms and conditions are contained in the Brown & Brown, Inc. proposal dated May 15, 2008 and revised June 10, 2008.
Manager’s Comments: After a period of rising insurance premiums, the City
actually will have a substantial reduction in premiums for the upcoming
Florida Housing Partnership Inc. assisted the City with the initial set-up of
the SHIP Program. They were also
approved by you as the Sole Source provider for Administrative services for a
one year period of time. That contract
with Mid Florida has expired. In order
to bring any other firm on board to provide these services, it would take a
long time learning the system, etc.
Therefore staff is recommending that Mid Florida again be approved as a
sole source for the administrative services for the City’s SHIP Program, for an
additional one (1) year period of time.
City Manager’s Comments: Mid
Item 12 - Approve Bid No. 08-11 for the Clyde Morris (C.R. 483) Dunlawton Avenue (S.R. 421) Intersection Improvements to Halifax Paving Inc. in the amount of $571,550.30
were solicited for the Clyde Morris/Dunlawton Avenue Intersection
Improvements. Three bids were received
from: P & S Paving Inc.; Masci Corp.; and Halifax Paving. The lowest bid received was from Halifax
Paving Inc. in the amount of $571,550.30.
There were minor discrepancies in two of the other bids; however, it did
not affect the standings. Staff
recommends that Council award the bid to Halifax Paving Inc. for their bid in the amount of $571,550.30 for the
City Manager’s Comments: The City continues to receive excellent bids for infra-structure. The original estimate for this improvement was $900,000. We were extremely pleased with the bids.
The project architect, C. T. Hsu Associates, requested Hall Construction provide a cost to provide and install 6” of engineered fill to stabilize the sub-base for all asphalt areas on the site. This item was not included in the original contract. The price provided by Hall has been reviewed by C.T. Hsu, is found acceptable and within industry standards. Staff recommends that Council approve Change Order No. 1 to the contract with Hall Construction in the amount of $75,355 for stabilized sub-base material for the parking area of this project and to authorize the Mayor and City Manager to execute the associated contract documents.
City Manager’s Comments: In speaking with Mike Hill, he explained what occurred. The plans and specifications showed the engineered fill. A question was raised during the pre-bid conference about whether the engineered fill was included in the site contractor’s work or was it part of the building construction. The response was that the stabilized base was included in the site work contract. In fact, it was not included in that contract. All of the bidders prepared their bids accordingly. Mike Hill has verified that the stabilized base price that Hall has provided is within the price range that we are seeing being charged for such material. Therefore, we are recommending approval.
G. TABLED ITEMS
Staff has completed the work on the enforcement standards. At Tuesday night’s City Council Meeting, we would like to discuss the enforcement standards with the City Council. Because the standards were not included in the original Ordinance, it will be necessary for the Ordinance to be placed on First Reading for purpose of amending the Ordinance to include the enforcement standards. Should you have questions, please feel free to contact either Margaret or Wayne Clark.
The attached resolution appropriates budget for legal services. Staff recommends approval.
Attached is the Monthly Financial Report. If you have questions, please contact either John Shelley or me.
I. COMMUNITY DEVELOPMENT
Staff recommends approval.
Reserve at Crystal Lake Apartments is a proposed 290-unit multi-family
development located on the north side of
J. PUBLIC UTILITIES
CBL & Associates previously reserved and then purchased State wetland mitigation bank credits from the City mitigation bank for the Port Orange Pavilion project. They are now seeking to expand the project and develop a second phase on property in the same vicinity. This may require additional wetland mitigation.
CBL is requesting to reserve an additional 25 State mitigation credits for an initial period of 12 months, with the option to extend the agreement. The current cost per State credit is $50,000.00, making the required non-refundable 10% deposit due on reservation $125,000.00. Should extensions of this agreement be requested, additional fees would be required. The balance of the total purchase price will be due upon closing of the sale of the credits.
Staff recommends approval of the Resolution allowing reservation of 25 State mitigation bank credits for CBL.
Staff recommends that Council approve the attached resolution authorizing the reservation of 25 State mitigation bank credits for CBL per the terms of the agreement, and authorize the Mayor and City Manager to execute associated contract documents on behalf of the City.
City Manager’s Comments: This agreement is slightly different than ones we have entered into before. The reason that it is different is because it includes a combo credit reservation. CBL desires to acquire both Corps of Engineers wetland bank credits as well as State Credits. However, the City’s Federal Credit has not been approved. Therefore, the agreement states if the City does not have its Federal permit in hand at the end of 60 days, then CBL can withdraw without penalty from the agreement.
is the notice from the Florida League of Cities requesting that the City
designate a voting delegate to represent the City at the annual Florida League
of Cities conference.
Currently, Vice Mayor Martin is registered to attend the
conference. Staff recommends that
Council appoint Vice Mayor Mary Martin to serve as the voting delegate to
represent the City of
The Port Orange Police Pension Board has made a determination that Frank Surmaczewicz acted upon incorrect data that was provided to him related to entering the DROP program. A former chair of the Pension Board indicated to Captain Surmaczewicz that he would be entitled to a COLA after completing the DROP program. In fact, that was not the case. Because of the way the Ordinance was drafted, he would not be eligible for the COLA until he reached age 59. He is the only one in the Police Pension Plan that acted upon the advice.
The Pension Board has determined that he is eligible to place the money back into the Plan until such time as he meets the Plan requirements that would make him eligible for the COLA after completing DROP. The Pension Board is requesting concurrence from the City to correct the mistake.
It is clear that Captain Surmaczewicz sought counsel to make sure that he was not making a mistake. It is clear that he sought outside financial counsel based upon what he was told by the chair of the Police Pension Board at that time.
What is the impact? There is an impact on the Plan. By concurring with the Pension Board, the City would have an unfunded liability increase of about $133,000. This liability would be caused by the additional years of service that Captain Surmaczewicz would be credited as working before entering DROP. If the City Council approved the suggestion of the Pension Board, then the cost would be amortized over a number of years, not immediately.
Attached is the information that has been provided to the City on this issue. It is clear that he acted based upon advice that he received from an officer of the Plan.
HUD indicated that the City must complete certain items in order to maintain
eligibility for HUD funding. After
reviewing what needs to be accomplished, Staff is recommending that we contract
with the Florida Planning Group to complete the required elements. Florida Planning Group is the consultant who
prepared the City’s plan so that the City could become an
Staff recommends that Council approve the consultant contract with Florida Planning Group, Inc., for technical assistance in the implementation of the Community Development Block Grant (CDBG) and State Housing Incentives Partnership (SHIP) Programs.
As part of the annual budget process,
the Finance Department conducts a Citizen Survey as a method for measuring the
quality and performance of City-provided services. The annual survey also helps obtain citizen
viewpoints of the community as well as their overall interest and participation
in public meetings, workshops, sponsored events, and other City-related
activities. During January, 2008, a
total of 1,000 survey questionnaires were mailed to a randomly selected sample
of adult residents living within the City.
The survey drew an excellent response rate as 348 respondents replied to
the questionnaire. The first part of the 2008 Citizen Survey instrument included
43 questions pertaining to City-provided programs and services. Citizens were asked to rate their level of
satisfaction with each service on a scale of one to five, with one being a
“very low” level of satisfaction and five being a “very high” level of
satisfaction. Measuring levels of
citizen satisfaction from year to year helps to identify trends, especially
those in which satisfaction ratings may have significantly increased or
decreased over a period of time. While
the survey results help to identify these trends, further investigation is
often necessary to properly analyze a problem and recommend appropriate
corrective measures. The survey also
included nine questions regarding aspects of life in
Back in the spring, Elections Supervisor Ann McFall made a presentation to the City Council about the potential of moving the election dates from the odd years to even years. The City Council indicated that they were interested in pursuing this change. There are actually two questions that need to be answered by the City Council:
1. Does the City Council still desire to pursue this course of action?
2. If so, then there are two options available to the City Council.
a. The City Council can simply adopt this Charter change by Ordinance, and it would go into effect with the election of 2010. This would mean that terms due to expire in 2009 would expire in 2010; and those due to expire in 2011 would expire in 2012.
b. The second option is for the Council to request the Charter Review Board to examine whether to change the election date from odd years to even years. If this option is selected, then the City Council will need to make appointments to the Charter Review Board since all of the terms on this body have now expired.
L. COUNCIL COMMENTS
At this time, Council Members may discuss various matters of concern.
At this time, Council Members may discuss various committees to which they have been assigned.