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

August 5, 2008


Date:               July 29, 2008



A.                 OPENING


Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call






Item 4 -           Environmental Advisory Board (1 Term to Expire on 5/7/09)


One appointment needs to be made to the Environmental Advisory Board to fill the unexpired term of Rob Zicker.  The term will expire May 7, 2009.  Attached are applications from Brandon Crews and Patrick Yeager who have expressed an interest in serving on this Board.




Item 5 -           Library Advisory Board (1 Term to Expire on 7/18/10)


Two appointments need to be made to the Library Advisory Board with terms to expire on July 18, 2010.  Attached are applications from Rosalyn Crotty and Patrick Yeager who have expressed an interest in serving on this Board.


Item 6 -           Planning Commission (4 Terms to Expire on 9/1/10)


Four appointments need to be made to the Planning Commission with terms to expire on September 1, 2010.  The terms of Michael Arminio, Lance Green, George McMasters, and Joan Parker are scheduled to expire and all have expressed an interest in being re-appointed.  Also, attached are applications from Brandon Crews and Patrick Yeager who have expressed an interest in being appointed.



C.                PUBLIC HEARING


Item 7 -           Resolution No. 08-27 - Adopting the Five Year Capital Improvement Program


The Five Year Capital Improvement Program (CIP) is a spending plan for capital projects for FY 2008-2009 through 2013-2014.  This plan is reviewed and adopted each year.  The FY 2008-2009 projects will become part of the proposed Capital budget.  Staff recommends approval.





Item 8 -           Proclamation – James Shively


Jim Shively has served as advisor to the General Employees Retirement System for over 20 years.  Jim has informed staff that he will be retiring.  Attached is a proclamation recognizing Jim for his many years of service to the City of Port Orange.


Item 9 -           Special Recognition – Fire Rescue Medical Competition Team


Port Orange Fire and Rescue’s Medical Competition Team was named the 2008 International Clinical Conference (ClinCon) Champions in Orlando on July 10, 2008, at the bill Shearer Advanced Life Support (ALS) Competition.  This competition is the Super Bowl of events for the Emergency Medical Services (EMS) field.  Winning this competition has brought the prestigious ClinCon International traveling trophy to Port Orange.



Item 10 -        Fire Chief Tom Weber – Fire Chief of the Year for the State of Florida


Each year, the Florida Fire Chief Association (FFCA) selects a Fire Chief of the Year for the State of Florida.  For 2008, the FFCA has selected Fire Chief Tom Weber.  This FFCA Selection Committee received 10 nominations from around the State for this title, and the City of Port Orange was honored with this esteemed selection.  At this time, Council will recognize Fire Chief Tom Weber who has been named as the 2008 Florida Fire Chief of the Year.


City Manager’s Comments:         On Sunday, July 27, Tom Weber was recognized by the Florida Fire Chiefs Association as the Florida Fire Chief of the Year.  The City Manager attended the ceremony.  One of the items noted in the nomination is Tom’s commitment to mentoring high school students.  Tom has been active in a number of civic organizations, having been recently chosen as Rotarian of the Year by the Port Orange-South Daytona Rotary Club.  He has been active in the Chief’s Association.  Tom acknowledged the men and women of the Port Orange Fire and Rescue Department as well as the City of Port Orange during his acceptance speech.


Item 11 -        Police Chief Gerald Monahan – Florida Police Chiefs Association President


Chief Gerald M. Monahan, Jr., has been selected by the Florida Police Chiefs Association to serve as the Association President.  This professional association is regularly called upon by the State of Florida for advice related to legislative and other issues affecting law enforcement.  Additionally, the Association provides continuing education for its members as well as a network of law enforcement professionals.


Chief Monahan’s term will end next June.  His selection brings honor and credit not only to Jerry but to the Port Orange Police Department and the City of Port Orange.  Being selected to serve as President of a Professional Association is a reflection of the respect that the Chiefs across Florida hold for Chief Monahan.



Item 12 -        Margaret Roberts – Outgoing President of Florida Municipal Attorneys Association


Margaret Roberts has recently completed her term as President of the Florida Municipal Attorneys Association.  This professional organization provides municipal attorneys with excellent continuing education and a network of experienced attorneys who are well versed in all aspects of local government law.


To be selected to serve as President of the Association is not only a great honor for Margaret but for the City of Port Orange.  Serving as President is a reflection on her legal ability and shows the respect she receives from her peers.



E.                 CITIZEN PARTICIPATION (Non-Agenda)

F.                 CONSENT AGENDA


Item 13 -        Approval of Minutes


Attached are the minutes of the following meetings:


            Special Meeting of June 3, 2008

            Regular Meeting of June 3, 2008

            Special Meeting of June 17, 2008

            Regular Meeting of June 17, 2008

            Special Meeting of June 19, 2008

            Special Meeting of June 24, 2008

            Regular Meeting of June 24, 2008


Staff recommends approval.


Item 14 -        Update on Construction Projects


Attached is the update on Construction Projects.  If you have questions, please contact any of the Project Managers or me.


Item 15 -        Update on Recreational Facilities


Attached is the update from Parks and Recreation.  If you have questions, please contact Susan Lovallo or me.


Item 16 -        Road Construction Report


Attached is the Road Construction Report.  If you have questions, please contact Warren Pike or me.


Item 17 -        Workers’ Compensation Insurance:  Policy Year 2008-09


The cost of the insurance premium for the 2008-2009 Workers’ Compensation Insurance Program will be $437,143, a decrease of $68,571, or-13.6%, under last year’s premium. The cost components of the premium are: Payroll, Rates, and Experience Modification (the average of prior three years of losses compared to industry average).


Manual Premium                             % Change from Current Program

Payroll                                                              +02.9 %

Overall Rate Factor                             -18.5 %                                                       

Experience Modification Factor      +02.0 %


Premium                                             -13.6 %


The Risk Manager recommends approval of the renewal of the Workers’ Compensation Insurance Program with FMIT.


Staff recommends that Council approve the selection of Florida Municipal Insurance Trust (FMIT), through Florida League of Cities, Inc., for Workers’ Compensation Insurance Program with a $25,000 per incident deductible and with the coverage period from October 1, 2008 through September 30, 2009.  The term of the services with Florida League of Cities, Inc. will be the first option-to-renew  year with the contract with FMIT.


Item 18 -        Bid Award - Williamson Boulevard Business Park Improvements


This project includes construction of the 43.3+/- acre Williamson Business Park including construction of roadway improvements, a stormwater pond, filling of land, installation of sanitary sewer, potable water, reclaimed water lines and storm sewer.  The City is required to complete construction of the mentioned improvements by February 14, 2009 as outlined in the Second Amendment to the Post Closing Agreement with D.S.C. of Newark Enterprises, Inc. This project will open over 43 acres of industrial property in the Workplace District and is designed to serve as a job creation center.


Bids were due and opened on July 8, 2008 at 2:30 p.m.  Sixteen (16) bids were received from various contractors.  City staff, in consultation with the Engineer of Record and Contract Engineer, recommend awarding the bid based upon the alternate pump station wet well (Alternate 1A).  With the base bid plus alternate, the initial low bidder was Earthmovers, Inc. with a price of $2,598.538.59.  Earthmovers, Inc.’s bid was deemed to be incomplete since they failed to submit required information with their bid including their qualifications, list of subcontractors, previous experience, and insurance requirements. 


The second low bid of $2,710,350 was received by The Briar Company.  The Briar Company’s bid was initially thought to be incomplete and staff was prepared to recommend the third low bidder; however, after the filing of a formal bid protest and subsequent investigation and findings, it was found that The Briar Company had submitted their required forms, including the bid bond, in a timely fashion at the time of the bid opening and that they were in the possession of the City’s agent the entire time.  The Briar Company has indicated that they are fully aware of and prepared to adhere to the City’s timeframe for completing this project and fully understand the project scope and site conditions.  Unit prices were evaluated by our engineering consultants and found to be fair and representative of current industry standards.  Quentin L. Hampton has verified references and confirmed that The Briar Company has successfully completed projects of similar scope.


The Briar Company, LLC has been determined to be the most responsive, responsible bidder and staff recommends that they be awarded Bid Number B08-14. Funds are available in accounts 415-1800-541-6397 URL005, 405-0401-535-6397 URL005, and 301-4300-541-63-97 URL005. 


Staff recommends that Council award Bid Number B08-14 with Alternate 1A to The Briar Company, LLC in the amount of $2,710,350 and to authorize the Mayor and City Manager to execute associated contract documents.


City Manager’s Comments:  A bid protest hearing was held.  It was determined that the Briar Company’s bid was complete and had the required materials submitted.  I rendered an opinion that they met the criteria as the lowest responsive bidder.  Therefore, I am recommending that they be awarded the bid including the alternative for the lift station.  The actual low bidder had a number of problems with their bid submittal package.


Briar did the site work for the Palmer Chiropractic College original construction project. 


Item 19 -        Amendment No. 2 to Kimley-Horn & Associates, Inc., for Williamson Business Park – Lift Station Revision


Kimley-Horn & Associates, Inc. is currently under contract to perform engineering services related to the Port Orange Business Park. After further site investigation and analysis, City staff, along with concurrence of our consulting engineers, determined that Alternate 1A, as described in the bid documents for the Williamson Business Park Improvements, is the preferred design.  Staff is recommending the bid be awarded with the alternate.  If approved by Council, the alternate bid will require relocation of the lift station, driveway and revisions to the associated plans and permits. The attached Addendum represents the services required and is in a lump sum amount of $6,920.  Funds are available in 405-0300-580-63-97AIO006.


Staff recommends that Council approve Addendum No. 2 to the agreement with Kimley-Horn & Associates, Inc., dated March 21, 2006, for revisions to the lift station for the Williamson Business Park (Alternate 1A) in the amount of $6,920, and to authorize the Mayor and City Manager to execute all associated documents on behalf of the City.    





Item 20 -        Second  Reading  -  Ordinance No. 2008-16 – Small Scale Future Land Use Amendment – Dale Bartholomew


We recommend approval.


Item 21 -        Second Reading - Ordinance No. 2008-17 – Rezoning – From Volusia County A-2 (Rural Agriculture) and City of Port Orange A (Agriculture) to City of Port Orange CC (Community Commercial) – Dale Bartholomew


We recommend approval.


Item 22 -        Resolution No. 08-28 - Adopting the City’s Community Development Block Grant FY2008 Action Plan and Submittal of the Adopted Plan to the Department of Housing and Urban Development


The City’s FY2008 Action Plan for use of Community Development Block Grant Funding consists of one activity.  The City intends to use the 2008 CDBG entitlement to purchase residential real property to be utilized with approved affordable housing activities.


A public meeting was held on July 22, 2008, during a thirty day public comment period, yielding no additional comments or suggestions to be considered for the “FY2008 Action Plan”.  Staff is recommending that the Council approve the City’s CDBG “FY2008 Action Plan” and submittal of the plan to HUD.  The City’s must have the adopted plan on file with HUD by August 15, 2008.


Staff recommends that Council approve the attached resolution adopting the City’s “FY2008 Action Plan” and submittal of the adopted plan to HUD



H.                PUBLIC UTILITIES


Item 23 -        Resolution No. 08-29 - St. Johns River Water Management District (SJRWMD) Proposed Amendment to Rule 40C02.042, Florida Administrative Code (FAC) and Section 17 of the Applicant’s Handbook, Pertaining to the Restrictive Use of Reclaimed Water



The SJRWMD has proposed rule amendments governing the times, days, and permissible amounts for irrigating with reclaimed water.  As a long-time partner with SJRWMD and the FDEP with mutual goals of environmental stewardship, the City understands and appreciates the need to develop best management practices (BMP’s) to effectively and efficiently manage all of our water resources, including reclaimed water.  However, it is the position of City staff position that each utility system is unique, and requires utility-specific BMP’s to optimize the utilization of the reclaimed water resource. Consequently, we believe that a “one-size-fits-all approach” is counterproductive toward this objective.


If the rule is adopted, the City of Port Orange Public Utilities staff, our engineering consultants, and our City Manager, believe the outcome will be detrimental and counterproductive to the BMP’s presently utilized.  Our primary objectives include: 1) minimizing discharges of treated effluent to the Halifax River, 2) redirecting excess reclaimed water to the central wellfield provide beneficial recharge to the aquifer in order to sustain long-term drinking water supply, 3) minimizing wetland impacts in the central wellfield area, and 4) providing a reservoir with sufficient storage of excess reclaimed water to help meet augment periods when demand exceeds the volume of daily reclaimed effluent generated at the plant. 


The proposed amendment directly conflicts with these goals, and will likely require reclaimed water frequently being discharged into the Halifax River in order to comply with the suggested regulations.  Ultimately, such changes will serve as a detriment to the operation of our reclaimed water utility system and our compliance with other regulatory permits issued by both the FDEP and the SJRWMD.  We request your approval of this resolution at this time. 


Staff recommends that Council approve the attached resolution opposing the St. Johns River Water Management District’s proposed amendments to Rule 40C-2.042 of the FAC and Section 17 of the Applicant’s Handbook, and to authorize the City Manager to submit documentation to the SJRWMD documenting the City’s official position on said amendments and policies administered by and through the SJRWMD.



I.                    PUBLIC SAFETY


Item 24 -        Resolution No. 08-30 - Expressing City’s Commitment to Participate in a Process to Seek Efficiencies in Fire, EMS, and Related Services


Attached is a resolution affirming Port Orange’s participation with other Volusia County local governments in examining various efficiencies that may be achieved in the Fire Service.


The initial meetings will include Managers establishing the parameters and scope.  Technical groups composed of all stakeholders will then work on identifying potential solutions set to address the parameters and scope.


Staff recommends that Council approve the attached resolution expressing the City’s commitment to participate in a process to seek efficiencies in Fire, EMS, and related services.


J.                  ADMINISTRATION


Item 25 -  Affirming the Budget Public Hearing Dates for September 3 and 17, 2008 and rescheduling the Regular City Council Meeting Dates.


Florida law states that the first Public Hearing date cannot be held any sooner than the 65th day after the tax roll has been certified by the Property Appraiser.  When we presented the form to the Property Appraiser’s Office, they indicated that the first date was Wednesday, September 3.  In order to comply with the State law, I have signed the form stating that the City of Port Orange would hold its first hearing on Wednesday, September 3, and second hearing on Wednesday September 17.  I am recommending the City Council reschedule its Regular City Council meeting dates scheduled for September 2 and 16 to September 3 and September 17.  The City Council could meet in regular session on Tuesday night, September 2, if it so desired and then again on Wednesday, September 3, just to consider the budget.   


The recommended motion is to hold the Public Hearing for the Budget on September 3 at 7:00 p.m. in the City Council Chambers and to reschedule the Regular City Council Meeting from September 2 to September 3.   The City Council has already taken action on rescheduling the September 17 meeting.


Item 26 -        Comments/Concerns from Council Members


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