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

                        September 17, 2008


Date:               September 8, 2008



City Council Members: There will be two meetings prior to the regular Council Meeting.  The first meeting relates to Impact Fees.  We want to go over the impact fee calculations and receive direction from the City Council related to impact fees.  I have suggested that we delay any increase in Transportation Impact Fees until we complete our discussion on levels of service.  Service levels do impact the impact fee formula.  We will go over that on Wednesday night.


The second will be a brief Town Center CRA. The purpose of the CRA meeting is to extend the option for the Town Center Master Development Partner to acquire the Singletary property from the City of Port Orange.  Staff will be recommending a 6 month extension. In October, the Town Center CRA will have a full agenda of discussion.  It may actually require us to meet on a night other than a regular City Council Meeting night.  As you know, we are working on several different projects in Town Center including a marina project, a comprehensive plan amendment for Seabird Island, as well as a conceptual park design for Riverwalk.  Also, I would like to discuss with the CRA a plan of action that would produce some tangible physical improvements in Town Center for the upcoming year. 


The second meeting relates to Impact Fees.  We want to go over the impact fee calculations and receive direction from the City Council related to impact fees.  I have suggested that we delay any increase in Transportation Impact Fees until we complete our discussion on levels of service.  Service levels do impact the impact fee formula.  We will go over that on Wednesday night.


A.                 OPENING


Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call



B.                PUBLIC HEARING


Item 4 -           Discussion of Proposed Millage Rate FY08/09


At the first hearing, the City Council agreed to a millage rate of 4.60 mills. Should the City Council desire to reduce the rate further, this would be the time for that to occur.  Revisions would have to be made to the budget. 


Item 5 -           Resolution No. 08-44 - Adopting the Final Millage Rate for FY08/09


This Resolution is required to be adopted by the City Council in order to generate funds for the City’s General Fund.  If the City Council adjusts the millage rate under Item 4, we would need to make sure that revision is incorporated into the Resolution.


Item 6 -           Resolution No. 08-45  - Adopting the Final Operating Budget for FY08/09


The City Council has spent extensive time reviewing the City’s operating budget.  We began the process in February.  This is the final step in adopting the budget for the upcoming year.  This budget resolution provides for the funding of all City operations for the upcoming fiscal year.


Item 7 -           Resolution No. 08-46  - Adopting the Final Capital Budget for FY08/09


The City Council has reviewed the capital budget for the upcoming year.  What is being presented for approval is the first year of the Five Year Capital Improvement Program.



D.                SPECIAL REPORT


Item 8 -           Update on South Williamson and Taylor Road Construction


Gerald Brinton, Volusia County’s Traffic Engineer, will update the Council on the South Williamson project at this time.



E.                 CITIZEN PARTICIPATION (Agenda)


Item 9 -           Update on Family Days – Robin Lasky


Robin Lasky will update the City Council on the Family Days program at this time.


Item 10 -        Presentation from Daytona Dirt Riders Association, Inc.


Each year, the Daytona Dirt Riders holds the Alligator Enduro on the City wellfield property.  After the event, they select a group to receive a charitable contribution.  This year, Mr. Steve Pettenger of the Daytona Dirt Riders will be presenting a donation on behalf of the Daytona Dirt Riders to the Police Athletic League.



F.                 CITIZEN PARTICIPATION (Non-Agenda)

G.                CONSENT AGENDA


Item 11 -        Bid Award – Cooperative Purchase of Bulk Chemicals



The City of Port Orange has again, this year, joined several local municipalities in a cooperative bid for the purchase of bulk chemicals.  Bid tabulations are attached.  A comparison of bid prices versus current prices is as follows:

Chemical                               Current Price                                    Bid Price (Vendor)



150 Lb. Cylinders                $58.05/cyl.                 $49.90/cyl. (JCI Jones Chemicals Inc)

Liquid CO2                           $142.00/ton               $148.00/ton (Airgas Carbonic)

Bulk Quicklime                     $135.44/ton               $177.77/ton (Carmuse )

Anionic Polymer                   $310.50/drum           $382.50/drum (Polydyne)

Hydrofluosilisic Acid            $472.00/ton               $460.00/ton (Dumont)



  Bulk Tank Delivery                        $0.44/lb.                     $0.71/lb. (Tanner Industries)*

150 Lb. Cylinders                 No Bid Requested

Sodium Hypochlorite                      $0.697/gal. GWP      $0.82/gal. (Odyssey)  

                                                          $0.697/gal. RWP      $0.82/gal. (Odyssey)


Sodium Hypochlorite

  Delivery w/small truck       No bid solicited         $1.350/gal.  (Dumont)


Methanol                               $1.930/gal.                $2.790/gal. (Key Chemical Inc)                

Poly Aluminum Chloride   No bid solicited this year.   $0.178/lb.  (CedarChem,LLC)      


Staff recommends award as listed above representing the most responsible, responsive bidder.


*The bid request for bulk Ammonia includes the cost of tank rental and was for three years.    We are now in the third year of that purchase agreement.


Staff recommends that Council approve bid award to the low bidder (vendor indicated in brackets) for each of the bulk chemicals listed, and authorize the Mayor and City Manager to execute contract documents on behalf of the City.


Item 12 -        Addendum No. 71 to Engineering Services Contract with Quentin L. Hampton Associates, Inc., for Taylor Road Improvements


The County of Volusia has completed preliminary engineering of the Taylor Road Improvements from Williamson Boulevard to Tomoka Farms Road.  Beginning in April 2008, they commenced to prepare detailed design and construction plans along the corridor, including the identification of parcels necessary for stormwater treatment. 


This addendum authorizes the firm of QLH to perform engineering design and construction phase services necessary for the City within Taylor Road Improvements.  The work scope includes utility design and construction phase services, as well as miscellaneous civil and stormwater engineering. It is our intent to design the utility relocation and adjustment plans concurrent with the roadway design and construct the improvements as part of Joint Project Agreement. 


It should be noted that construction is not presently funded in the County 10-year program.  The cost of the initial phase of engineering design services is estimated at approximately $63,700.  Funding for design has been transferred into a new project entitled Taylor Road Widening URL008. 


Staff recommends that Council approve Contract Addendum No. 71 with the firm of Quentin L. Hampton Associates (QLH) pertaining to engineering services for the Taylor Road widening and associated improvements and authorize the Mayor and City Manager to execute the associated contract documents.


City Manager’s Comments:  I posed the question to the County about why the City is being required to spend money performing design service for Taylor Road between Summertrees and Tomoka Farms Road.  This section of Taylor Road is not in the County’s Five Year or Ten Year Road Program.  If the design is for establishing the right of way for the road, then is it necessary for us to complete the water and sewer design in this area at this time?  I am concerned that we will spend the money designing the utilities; and when this project actually is ready for construction, a complete redesign would be required.


Item 13 -        Building Activity Report for July, 2008, and Monthly Development Activity Report for August, 2008


The attached Staff Reports include the Development Activity Report for August 2008 and the Building Activity Report for July, 2008.  These reports provide information on proposed development and projects under construction, commercial code enforcement activity, and monthly building permits and inspection updates.  Staff recommends acceptance of the reports.


Item 14 -        Bid Award – Payroll Services for Recreation


Bids were solicited for Payroll Services for the scorekeepers, supervisors, officials, etc., for the Recreation Department.  Only one bid was received and that bid was from Daytona Employment Services.  Their bid is attached for your review.  Daytona Employment has been providing this service to the City for the past several months and has been a very responsive vendor; therefore, staff is recommending that the Council award this bid to Daytona Employment Services.  Funding is budgeted in the Athletics Division of Recreation in Professional Services.


Item 15 -        Bid Award – Dry Cleaning Services for Police and Fire Departments


Bids were solicited for the Dry Cleaning services for the Police and Fire Department personnel uniforms.  There were five bids received.  One was not considered as it was received from Romie’s Cleaners, which is located in the municipal boundaries of South Daytona.  Of the four bids considered, the lowest bid was received from Personal Touch.  Personal Touch is under new management but had the contract for several years under the previous management.  Staff recommends that Council award the bid to Personal Touch Dry Cleaners for their bid as submitted for dry cleaning of Police and Fire Department personnel uniforms.


Item 16 -        Purchase – New HTE Application


It has been identified that a software upgrade is necessary in order for the HR Department to function in an efficient, organized, and compliant manner.  It is becoming increasingly difficult to maintain and track all the data necessary to be in compliance with the myriad of HR, IRS, and EEO regulations that govern Human Resources.  This software would replace the current in-house system that IT may not have the resources to maintain.  This upgrade would also move us closer to a paperless system by storing more information on-line.  In addition, this package would include a new on-line employment section with a compliant application for employment which the City has been lacking.  The City already owns the HTE hardware.  Funding is available in the Lease/Finance Fund.  Staff recommends that Council approve the purchase of HTE’s combination package of the Human Resources Module and the Click2Gov component for on-line employment applications total an up-front cost of $31,662.  There would also be a recurring annual maintenance fee of $4,840 for FY08-09 and $7,260 for the following years.


Item 17 -        Change Order No. 4 – Coraci Sports Park


Staff failed to include the entire electrical service fee from M. Gay Construction, Inc., in the original agenda item.  There is an additional amount required for the service feeder due to the distance and size for the Panel MDP of $60,620.  Staff has, however, identified some of the miscellaneous items that were not being supplied and spoken with a representative from M. Gay concerning them; therefore, we are deducting those miscellaneous items down to a $5,200 deduct.  Taking the increase and subtracting the items included in the deduct nets a total for the Change Order of $55,420.  Staff is in agreement and, therefore, is advising Council to approve this Change Order in the amount of $55,420.  Funding for Change Order No. 4 is in Account No. 611-5100-572-6397, Project No. QPC024.




Item 18 -        Citizen Advisory Committee for MPO


A representative of the Citizen Advisory Committee for the MPO will make a report to Council at this time.


I.                    COMMUNITY DEVELOPMENT


Item 19 -        Second Reading – Ordinance No. 2008-22 – Rezoning – City Wellfield Property (Parcel A-1) from Volusia County (Conservation) and Resource Corridor) to City of Port Orange F-C (Flood Plain Conservation)


Staff recommends approval.


Item 20 -        Second Reading – Ordinance No. 2008-23 – Rezoning – City Wellfield Property (Parcel A-2) from Volusia County FR (Forestry), A (Agriculture), and RC (Resource Corridor) to City of Port Orange GPU (Government Public Use)


Staff recommends approval.


Item 21 -        Second Reading- Ordinance No. 2008-24 – Amending Chapter 17, Section 24(b) and Section 27 of the Land Development Code Relating to Permitted Uses in the LI (Light Industrial) Zoning District and the dimensional Requirements for a PCD or PUD


Staff recommends approval.


Item 22 -        Development Order Extension – Final Plat & Plan – Water’s Edge, Phase IX-B Subdivision


This is a request to approve a one-year extension of the Development Order for the final plat and plans for Water’s Edge Phase IX-B.


Planning Commission Recommendation:  On August 28, 2007, the Planning Commission recommended approval, 6-0 (Commissioner Booth excused), of one-year extension of the final plat and plans for Water’s Edge Phase IX-B. The subdivision proposal includes 23 single-family lots on 13.8-acres. The staff report is attached for your review.


Staff Recommendation:   Staff recommends approval.


Item 23 -        Dunlawton/Clyde Morris Intersection Update


The City Council requested an update on intersection improvements at the corner of Clyde Morris and Dunlawton.  Mike Hill is the City’s project manager for this project.  Mike will review the project with the City Council as well as to discuss the alignment of through lanes and turn lanes.  One of the areas that we sought but were unable to accomplish with this project related to one of the right turn lanes from Wal Mart onto Clyde Morris.  This turn lane is on the curve, and sometimes it is difficult to see traffic approaching.  As you will recall, Clyde Morris is a County maintained roadway; and this project must meet the County requirements.  It has been reviewed and permitted by the County.



J.                  PUBLIC WORKS


Item 24 -        Second Reading – Ordinance No. 2008-25 – Award Roll-Off Franchise Agreement – AAA Fence Company of Daytona Beach, Inc.


Staff recommends approval.


Item 25 -        Second Reading – Ordinance No. 2008-26 – Award Roll-Off Franchise Agreement – Halifax Wrecking Company, Inc.


Staff recommends approval.


Item 26 -        Second Reading – Ordinance No. 2008-27 – Award Roll-Off Franchise Agreement – Metro Waste Disposal, Inc.


Staff recommends approval.


Item 27 -        Second Reading – Ordinance No. 2008-28 – Award Roll-Off Franchise Agreement – Russo Sons, Inc.


Staff recommends approval.


Item 28 -        Second ReadingOrdinance No. 2008-29 – Award Roll-Off Franchise Agreement – Samsula Recycling, Inc.


Staff recommends approval.


Item 29 -        Second Reading – Ordinance No. 2008-30 – Award Roll-Off Franchise Agreement – Set Materials, Inc.


Staff recommends approval.


Item 30 -        Second Reading – Ordinance No. 2008-31 – Award Roll-Off Franchise Agreement – Southeast Container Service, Inc.


Staff recommends approval.


Item 31 -        Second Reading – Ordinance No. 2008-32 – Award Roll-Off Franchise Agreement – Veolia ES Solid Waste Southeast, Inc.


Staff recommends approval.


Item 32 -        Second Reading – Ordinance No. 2008-33 – Award Roll-Off Franchise Agreement –Waste Management, Inc.


Staff recommends approval.


Item 33 -        Second Reading – Ordinance No. 2008-34 – Award Roll-Off Franchise Agreement – Waste Pro, Inc.


Staff recommends approval.



K.                ADMINISTRATION


Item 34 -        First Reading – Ordinance No. 2008-35 - Amending the Port Orange Charter to Allow the City to “Opt Out” from the Uniform Election Act and to amend City Charter Sections 3.02, 3.03, 5.02, and 5.04 relating to the Election Dates, Qualifying Periods, and Terms of Office as Necessary to Implement the Election Date Change


At its meeting on August 14, 2008, the Charter Review Board unanimously voted to recommend the revisions to the Charter.  The amendment to the Charter provides for the City to “opt out” from the Uniform Election Act and amends City Charter Sections 3.02, 3.03, 5.02, and 5.04 relating to the election dates, qualifying periods, and terms of office as necessary to implement the election date changes.  Staff recommends approval.


Second Reading:   October 21, 2008


Item 35 -        Resolution No. 08-47 - Florida Recreation Development Assistance Grant Program (Coraci Athletic Improvements – Phase 2)


The City seeks funds from the Florida Department of Environmental Protection’s FRDAP grant program to construct baseball fields, playground, and support facilities at Coraci Athletic Park. 


The City requests $200,000.00 (50%) in funds from the State and the City’s Match is $200,000 (50%).  The match derives from Recreation Impacts Fees.  In December, City Staff will submit a Volusia ECHO to fund these improvements.


Staff recommends that Council approve the attached resolution authorizing the Mayor and City Manager to submit a Florida Recreation Development Assistance Program (FRDAP) application.  In addition, authorize the Mayor and City Manager to execute any agreements or contracts and provide a match.



L.                 COUNCIL COMMENTS


Item 36 -        Comments/Concerns from Council Members


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