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



A.                 OPENING


Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call



B.                 SPECIAL REPORT


Item 4 -           Report from KemperSports Management


A representative of KemperSports Management will make a report to the Council at this time regarding the Golf Club at Cypress Head.




Item 5 -           Recognition of Port Orange Warriors – Winners of State USSSA, Division 2, Basketball Tournament


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 Port Orange team had won the State Basketball Tournament this year.  They are attempting to raise money to go to nationals.  This is an opportunity for the community to recognize the team members for their accomplishments and provide the community with an opportunity to support them in their endeavor.


Item 6 -           Recognition of pogTV Film Festival Winners


Recently, pogTV held its first Film Festival.  The winners of the contest were:


College Film Group –         

First Place – “Furious Red Dot” – Ryan Cooper, Stetson

            Second Place – “An Old Irish Blessing” – Ryan Cooper, Stetson


High School Film Group –

            First Place – “Detention” – Stephanie Bennett, Troy Thompson, Maryam, Khazraee, P. J. Pivec, Nathan Tyner, Alice Moskola, and Reagon Smythe, Spruce Creek High School

            Second Place – “Your Hand in Mine” – Gina Dejesus and Vince Polizzi, Mainland High School


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)


Item 7 -           Presentation by Port Orange Pilot Club


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


Item 8 -           Project Managers’ Report


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


Item 9 -           Florida Power & Light Easement for the Port Orange Police Station (4545 Clyde Morris Boulevard)


Staff recommends that Council approve the proposed Florida Power and Light service easement for the new Port Orange Police station.


Hall Construction submitted a sealed sketch and description of the proposed Florida Power and Light service easement for the new Port Orange Police station. Florida Power and Light has approved the sketch and description and the easement document prepared by the Office of the City Attorney. City Departments have reviewed the proposed location and have no outstanding concerns.


Item 10 -        Property and Liability Insurance – Policy Year 2008-2009


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.


City Manager’s Comments:  After a period of rising insurance premiums, the City actually will have a substantial reduction in premiums for the upcoming year.  Port Orange continues to have excellent loss experience that results in excellent premiums. 


Item 11 -        Sole Source Approval of Administrative Services for the SHIP Program to Mid Florida Housing Partnership, Inc.


Mid 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.   Mid Florida has provided very good services to both the City and its citizens.  Funds for this item are budgeted in the 63319045543113 account.  Staff recommends that Council approve the sole source provider agreement for Administrative Services for the SHIP Program to Mid Florida Housing Partnership, Inc.


City Manager’s Comments:  Mid Florida continues to provide excellent service, not only to the City but to those who are using their services as part of the City’s SHIP program.


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


Bids 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 Clyde Morris/Dunlawton Avenue intersection improvements and authorize the Mayor and City Manager to execute the associated contract documents.



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. 


Item 13 -        Change Order No. 1 – Port Orange Police Station Building Contract


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


Item 14 -        Second Reading- Ordinance No. 2008-13 – Amending Article IV of Chapter 42 of the Code of Ordinances Relating to Nuisances (Tabled 5/6/08)


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.


H.                FINANCE


Item 15 -        Resolution No. 08-23 - Budget Appropriations


The attached resolution appropriates budget for legal services.  Staff recommends approval.


Item 16 -        Monthly Financial Report


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



I.                    COMMUNITY DEVELOPMENT


Item 17 -        Second Reading – Ordinance No. 2008-18 – Petition to Establish a Community Development District


Staff recommends approval.


Item 18 -        Public Improvement Agreement for the Reserve at Crystal Lake Apartments Site Plan


The Reserve at Crystal Lake Apartments is a proposed 290-unit multi-family development located on the north side of Reed Canal Road east of Clyde Morris Boulevard, within the Crystal Lakes PUD. The site plan has been reviewed by staff and found to be in compliance with the City’s development requirements. The Public Improvement Agreement guarantees construction of public infrastructure including potable water and sanitary sewer mains and associated facilities to be constructed within the site; rehabilitation of the existing off-site lift station at Atlantic High School; and off-site turn lane improvements along the Reed Canal Road site frontage. The improvements are detailed on Page 1, paragraph 1 of the Agreement. The Agreement has been executed by the applicant and is attached for review.  Staff recommends that Council approve the Public Improvement Agreement for the Reserve at Crystal Lake Apartments site plan and require a bond for the public improvements.


J.                  PUBLIC UTILITIES


Item 19 -        Resolution No. 08-24 - Pertaining to the Reservation of Additional Wetland Mitigation Bank Credits for Port Orange Holdings II, LLC, also referred to as “CBL”



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. 



K.                 ADMINISTRATION


Item 20 -        Naming of Voting Delegate for Florida League of Cities Annual Conference


Attached 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 Port Orange at the Florida League of Cities Conference in Tampa on August 14 to 16, 2008.


Item 21 -        COLA – Frank Surmaczewicz


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. 


Item 22 -        Contract for Professional Services between the City of Port Orange and the Florida Planning Group, Inc.


Recently, 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 entitlement City.  The two primary areas that must be done are the environmental assessment and environmental review records.  The amount of the contract is $15,000. 


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.


Item 23 -        Citizen Survey Report – May, 2008


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 Port Orange; eight questions about participation in City meetings, sponsored events, and utilization of City services; six questions concerning key City goals and objectives; and six questions regarding the demographics of the sample population.  Results and information obtained from these questions assist in developing new and improved methods for communicating important community issues and encouraging continued citizen participation.  The results of the 2008 Citizen Survey are summarized in the attached report.


Item 24 -        Discussion – Charter Review Board


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


Item 25 -        Comments/Concerns from Council Members


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


Item 26 -        City Council Committee Reports


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