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 October 6, 2009


Date:               September 28, 2009



This is just a reminder that the Eastport CRA will meet at 5:30 p.m. and the Town Center CRA will meet at 6:15 p.m.


A.        OPENING


Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call


B.                 CITIZEN PARTICIPATION (Non-Agenda)

C.                CONSENT AGENDA


Item 4 -           Approval of Minutes


Attached are the minutes of the following meetings:


                        August 4, 2009 -                    Regular City Council Meeting

                        August 18, 2009 -                 Regular City Council Meeting

                        August 25, 2009 -                 Regular City Council Meeting


Staff recommends approval.


Item 5 -           Update on Construction Projects


Attached is the report from Quentin Hampton’s.  If you have questions, please contact either Mark Hampton or me.


Item 6 -           Update on Recreational Facilities


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


City Manager’s Comments: At the last meeting, Mayor Green asked if the scoring level planned for the concession/restroom building is required to be handicapped accessible.  At that time, we thought the answer was no.  Since then, we have done some research and determined that handicapped accessibility may be required.  We are talking with other cities and counties who have recently constructed scoring facilities that were not handicapped accessible to determine where in the Florida Building Code there is an exception.  In the meantime, we are planning alternative methods for score keeping.  This would mean that the building would be a one story facility with scoring facilities located behind each of the fields similar to what we have at all our current ball fields.  Constructing an elevator probably is not the right alternative for the building.  We will keep you apprised.


Item 7 -           Road Construction Report


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


Item 8 -           Addendum No. 24 to Quentin L. Hampton Associates, Inc., March 15, 1988 Agreement for Engineering Elements for the City’s Halifax Canal Reclaimed Water Augmentation FDEP 319(h) Grant Application


Quentin L. Hampton Associates, Inc., will assist with the development of engineering elements of the City’s 319 (h) grant application for the Halifax Canal Reclaimed Water Augmentation project.   Staff recommends approval of Addendum No. 24 to QLH’s March 15, 1988 agreement, not to exceed $13,780.00, and to authorize the Mayor and City Manager to sign documents on behalf of the City.  If you have any questions, please contact Kent E. Donahue or Brad Blais from QLH.


City Manager’s Comments: The City must have certain data in order to apply for the grant.  It is not data that the City would have.  When putting together the B-23 Canal 319(h) grant application several years ago, we did the same thing.  A consultant helped us put together the required data to help us qualify for the grant.


Item 9 -           Confirmation of Youth Advisory Board Members


There are six vacancies on the Youth Advisory Board.  Erika Higgins, a 12th grade student at Atlantic High School, and Peter Chechanover, a 10th grade student at Spruce Creek High School, have made application to serve on the Board.  Both individuals meet the Board criteria, and staff recommends their appointment.


Staff recommends that Council confirm Erika Higgins and Peter Chechanover as Youth Advisory Board Members for 2009-2010.


Item 10 -        IBM Annual Maintenance Agreement


Information Technology purchases an annual hardware and software maintenance contract from IBM with additional discounts below Florida State contract pricing.  Maintenance on the equipment is billed annually and is due October beginning each fiscal year.  Hardware maintenance and upgrades are on the IBM equipment, such as both AS/400’s, peripheral devices, and PC’s.  The on-site maintenance provides for IBM to repair the equipment at our location and save us time by not having to locate vendors to fix machines when needed.  The software maintenance is used to correct AS/400 operating procedures and helps us when programs fail.  The amount due is $35,000 and has been allocated in Account No. 501-0700-5900-4610.  Staff recommends approval to renew existing annual IBM Maintenance Agreement for FY10.


Item 11 -        HTE Annual Software and Technical Support Maintenance Agreement


This is the annual software and technical support maintenance agreement we purchase from HTE so that we can continue to receive their support and any new enhancements they may make to our eleven (11) AS/400 software applications.  Each application is budgeted in Account No. 501-0700-590-4636.  HTE’s billing cycle varies for each application throughout the fiscal year and exceeds the $25,000 authority limit.  The agreement supports the current City and archived Public Safety system operations.  Funding for this purchase is budgeted in the 501 operating fund.  Staff recommends that Council approve the purchase of the Annual Software and Technical Support Maintenance from HTE at a cost of $100,405 for FT2010.


Item 12 -        Purchase Medium Duty Transport Unit


Fire & Rescue will be purchasing one Medium Duty Transport Unit at a cost of $225,026 from Wheeled Coach Ambulance.  This new unit will replace an outdated Fire Engine.  This price is based on the Florida Sheriff’s Bid No. 08-08-0909, Specification No. 2, Type I Medium Duty Ambulance.  Funds will be utilized from Fleet Finance Account No. 505.  Staff recommends that Council approve the purchase of Medium Duty Transport Unit from Wheeled Coach Ambulance Corporation in Orlando, Florida, in the amount of $225,026.



City Manager’s Comments: As you may recall, Chief Rafferty and Chief Weir made a presentation to the City Council about two months ago related to EMS vehicles.  They presented this vehicle for Council consideration.  This is the same vehicle that is used by the City of Winter Park and Seminole County.  We want to test the vehicle before purchasing additional vehicles.  It is transport capable.  However, it has fire suppression capabilities, too.  As you will recall from the presentation, one of the concerns voiced by the Department was having the ability to immediately respond to a fire call when returning from a medical call.  This unit provides us that capability. 


As you will recall, we looked at using an SUV style vehicle, a transport only vehicle, and this type of vehicle.  It was the recommendation of Chief Rafferty with the concurrence of the Fire Chief that this vehicle would provide us with a flexible unit.  Should the need ever arise and the City had to transport, we would have the capability to do so.  That is an added feature.


Item 13 -        Waiver of Normal Bidding Procedures and Authorization of Sole-Source Contract with Parkson for the Rehabilitation of Two Parkson Bar Screens at the Reclaimed Water Plant


The first sanitary sewer treatment process employed at the Reclaimed Water Plant is the initial screening of the wastewater influent to remove inorganic debris and other solids.  This is accomplished utilizing a “bar screen.”  Consequently, equipment exposure in this area is extremely hostile and corrosive.  Therefore, keeping these units in proper working order is absolutely essential if the plant is to remain in regulatory compliance and avoid costly penalties from FDEP. 


The two bar screens were initially installed in 1988 and were last refurbished ten years ago.  Having two units provides the plant with a measure of redundant reliability in the event that one becomes inoperable or is taken out of service for maintenance. Also, these units are alternated in order to extend their reasonably expected useful life.  However, despite the best management practices employed by the Wastewater Plant Operators and the companion efforts of the Maintenance Mechanics, elements of the two existing bar screens are in need of immediate repair or replacement.  Also, both units are due for a major rehabilitation.  Staff believes the cost-benefit for rehabilitation of the units significantly exceeds the value of full-cost replacement.


Parkson is the original manufacturer and supplier of the Parkson bar screen.  They are the sole source provider of Parkson products and factory-warranty service.  Parkson submitted a quote in the amount of $205,877 to rehabilitate two bar screens on site.  The price includes the removal and re-installation of the units.  Having Parkson perform all work will ensure that all factory warranties for both material and workmanship are valid.


The Department planned for this project in the FY10 CIP.  Furthermore, bondholder covenants mandate that a minimum of 5% of operating revenues must be directed to the 403 fund for the specific purpose of maintaining the existing system infrastructure.  This specific project will help meet the requirements of those covenants.  Funding is found in SSP002 Sewer Plant Replacement in account number 40304005356397.  We recommend waiving formal bids, granting Parkson Sole Source approval, and authorizing a purchase order in the amount of $205,877.00. 


Staff recommends that Council waive the formal bidding process and validate Parkson as the sole source vendor for Parkson products and to authorize a purchase order to Parkson for rehabilitation of two bar screens at the Reclaimed Water Plant in the amount of $205,877.00.


Item 14 -        Emergency Repairs to Dunlawton/Clyde Morris Sewer Main


On Sunday, September 27, 2009, crews were called to make emergency repairs to the sewer main at the intersection of Dunlawton and Clyde Morris.  The City Manager authorized the work to be done.  Staff recommends approval.


City Manager’s Comments:  The City is soliciting proposals from utility contractors to do emergency repairs to the sewer line at the corner of Clyde Morris and Dunlawton.  The bids will be opened on Wednesday afternoon.  We will be forwarding those to you under separate cover with a recommendation. 



D.                TABLED ITEMS


Item 15 -        Second Reading – Ordinance No. 2009-4 – Repeal Ordinance No. 2008-19 Small Scale Future Land Use AmendmentSummit Golf Center (Tabled 4/28/09; Re-tabled 7/28/09)


Staff recommends that this item remain on the table.



E.                 FINANCE


Item 16 -        Resolution No. 09-82 - Budget Appropriation


The attached resolution appropriates budget funds for capital expenditures and an internal loan.  Staff recommends approval.


Item 17 -        Resolution No. 09-83 – Acceptance of Promissory Note for Town Center CRA Acquisition of Land in Support of the Riverwalk Development


A contract for sale and purchase has been executed by the seller for the .68 +/- acre parcel located at 3571 U.S. 1/Ridgewood Avenue.  This parcel is proposed for acquisition for use as public streets, utilities, and other public purposes as part of the 35 acre Riverwalk Redevelopment Project.  The total acquisition price is $812,500, of which $402,500 is being funded through available CRA funds.  Bridge funding, obtained from the City’s Loan Pool, will be used to fund the remaining $410,000 required for this acquisition.  This will require City Council acceptance of a Promissory Note from the CRA.  The interest rate on this bridge loan is 2.5% per annum, accruing on the unpaid balance.  Principal and interest payments of $2,000 will be payable in monthly installments commencing approximately December 1, 2009.  This note is subject to renegotiation after December 31, 2012, and is able to be prepaid in whole or in part at any time.  Monthly rent revenues of $2,000 from Lohman Funeral Homes will be used to help repay this debt.


Staff recommends that Council approve the attached resolution authorizing the issuance of a Promissory Note in the amount of $410,000 to the Port Orange Town Center CRA to finance the acquisition of the former Cardwell Funeral Home property located at 3571 Ridgewood Avenue.


Item 18 -        Rejection of Final Ranking for RFP No. 09-10 – Audit Services


Previously, a Request for Statements of Qualifications and price proposals was requested for Audit Services and the preparation of the City’s CAFR.  The Selection Committee short listed the submittals and held oral presentations from the short listed firms.  During the oral presentations, each firm was requested to clarify their price proposals as there was some confusion among the committee members with regard to the prices for audit services and the preparation of the City’s CAFR.  Upon conclusion of the oral presentations, the Selection Committee unanimously developed the final ranking of:


1.                  Brent Millikan & Co.

2.                  James Moore & Co.

3.                  Hoyman Dobson

4.                  McDirmitt Davis


Subsequently, James Moore & Company filed a protest on that ranking and a protest hearing was held.  The City’s hearing officer, Mr. Parker, upheld James Moore’s protest and, further, has requested staff to revise the scope of work and re-advertise.  Therefore, it is that decision and recommendation that staff requests Council to approve.


Staff recommends that Council reject the Selection Committee’s final ranking on RFP No. 09-10 due to some ambiguity in the RFP and to authorize staff to clarify and revise the scope of work requested and re-advertise for a new RFP.




Item 19 -        Second Reading - Ordinance No. 2009-19 – Adoption of the 09-1 Comprehensive Plan Amendments (CPA’s) – Woodhaven


Staff recommends approval.


Item 20 -        Second ReadingOrdinance No. 2009-20 – Adoption of the 09-2 Comprehensive Plan Amendment Package (Wellfield Expansion Area)


Staff recommends approval.


G.                ADMINISTRATION


Item 21 -        Resolution No. 09-84 - Submission of EPA Brownfields Assessment Grant Application


The City has the opportunity to apply for a $200,000 Brownfield Assessment Grant from the U.S. Environmental Protection Agency.   Assessment grants provide funding to inventory Brownfield sites, conduct environmental assessments, and undertake planning and community involvement activities related to redevelopment of Brownfield sites.  Although the application is for a community-wide grant, the City will be targeting the areas along the U.S. 1 corridor and those in and around former landfill sites.  The performance period for EPA Assessment Grants is three (3) years.  No financial match is required by the City.  Concurrent Technologies Corporation of Jacksonville, Florida, is assisting the City in the preparation of the EPA Grant proposal at no charge or obligation to the City.  EPA Brownfield assessment grants are highly competitive; however, CTC was instrumental in assisting the City of New Smyrna Beach last year in successfully securing a $400,000 assessment grant from the EPA.


The Brownfield program is a redevelopment tool to help local communities increase the economic viability of properties that are underutilized or that have remained idle for years due to contamination or the perception of environmental contamination.  State tax credits and tax incentives are a couple of the benefits from participation in the State of Florida Brownfield program.  All properties in designated redevelopment districts, as well as those that merely have the perception of potential contamination, are eligible for designation as Brownfield sites or areas.  Participation in the Brownfield program is strictly voluntary.  


Staff recommends that Council approve the attached resolution authorizing staff to submit a Brownfields Assessment Grant application to the U.S. Environmental Protection Agency.


Item 22 -        Resolution No. 09-85 - FDEP Nonpoint Source 319(h) Grant ApplicationHalifax Canal Reclaimed Water Augmentation


Recently, funds became available under FDEP’s Nonpoint Source 319 (h) grant program.  To address flooding issues associated with the Halifax Canal and to augment reclaimed water resources, the City seeks funding assistance to install infrastructure facilities at the existing Ken-Bern pond.  Located on Canal View Boulevard, the plan is to pull stormwater from the Halifax Canal into the Ken-Bern pond then treat it at the Waste Water Plant.  Once in the reclaimed water system, it can be used for irrigation and for aquifer recharge at the Western Storage Lakes.


This project will work in conjunction with future stormwater efforts the City is planning along the Halifax Canal to address flooding issues that occurred from the May 2009 rain event.  Another benefit of this project will be to continue to improve the water quality of Rose Bay into which the Halifax Canal discharges.


The City seeks $450,000 (60%) from the 319 (h) grant program.  Port Orange’s 40% match includes $172,110 cash and $150,000 of In-Kind Cash from Public Utilities Reclaimed Water Extension Generic Project (UET003).  If you have any questions, contact Kent E. Donahue or Brad Blais (Quentin L. Hampton, Associates).


Staff recommends that Council approve the attached resolution authorizing the City Manager to submit a grant application to Florida Department of Environmental Protection (FDEP) under their 319 (h) grant program, authorize the Mayor and City Manager to executed any contracts or agreements, and provide a match.


Item 23 -        Discussion - Maintaining Current Utility Deposit Policy


The City of Port Orange currently holds utility deposits until service is terminated.  When service is terminated, the deposit is applied to the final bill.  Any balance due the City is then billed the customer; or in the case of a credit, a check is mailed to the customer.


In Volusia County, the vast majority of water and sewer utilities have the same policy as Port Orange.  In Volusia County, only Edgewater, Orange City, DeLand, and the County return deposits to customers prior to service termination.  I have attached a copy of the responses from the individual utility providers showing how they handle utility deposits.


For Council information, we do pay interest on all deposits held by the City.


Staff recommends that Council maintain the current policy to not refund utility account deposits


Item 24 -        Discussion – Cypress Head Golf


Attached is an email from a resident of Cypress Head concerning annual passes for the golf course.  This item is presented for Council discussion at this time.


Item 25 -        Discussion – Penalty for Doing Work Without a Building Permit


In 2007, the City Council changed the penalty for doing work without a building permit. Previously, the penalty was double the permit fee.  The current penalty is $500 plus the cost of the permit.  I was contacted by a resident who had work done at his home without a permit.  When Code Enforcement visited him, he agreed to get the permit.  The fee for the permit was $57.50.  The penalty is an additional $500.  Does Council desire to continue the current policy or revert to the old policy of double permit fees?


H.                 COUNCIL COMMENTS


Item 26 -        Comments/Concerns from Council Members


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