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 January 5, 2010


Date:               December 29, 2009



A.                 OPENING


Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call

Item 4 -           Election of Vice Mayor

Item 5 -           Order of Business


The City Council has been using the same agenda format for a number of years.  It provides a mechanism to organize the agenda so that the materials are presented and considered in an orderly fashion.


The second document the City Council needs to review as part of the Order of Business is the City’s Citizen Participation Plan.  Several years ago, the City Council adopted a plan to set a procedure for citizen participation in City conducted meetings.  It has worked extremely well for the City of Port Orange. 



Item 6 -           Appointments to Council Committees


Below is a listing of committees and the Council member assigned to that committee:


                        ArtHaus – Councilman Steindoerfer

                        City Investment Committee – Council Steindoerfer

                        Communications Interlocal Agency – Mayor Green and Kenneth W. Parker

                        General Employees Retirement Trust Fund – Councilman Steindoerfer

   Golf Course Board of Directors – Mayor Green and Kenneth W. Parker

                        Library Advisory Board – Councilman Kennedy

                        Metropolitan Planning Organization – Vice Mayor Martin

                        Municipal Firefighters Pension Board – Councilman Pohlmann

                        Municipal Police Officers Retirement Trust – Councilman Kennedy

                        Port Orange-South Daytona Chamber of Commerce – Mayor Green

                        Volusia Council of Governments – Mayor Green

                        Volusia League of Cities – Mayor Green (Vice Mayor Martin Alternate)

                        YMCA – Councilman Pohlmann


Appointments will need to be made for service on these committees for 2010.




Item 7 -           Special Recognition of Retired City Employees


A total of 17 employees retired during 2009.  At this time, Council will recognize the following employees for their years of service to the City of Port Orange:


Marion Binetti

Donald Breedlove

Dana Carter

Timothy Girard

James Jabluszewski

Thomas May

Edward McPadden

Larry Morrissey

Gary Parker

Tyler Parks

Richard Pelletier

Frank Sheridan

Wanda Snapp

Michael Stewart

Mary Louise Tenney

Carlos Tola

Doug Zimmermann


Item 8 -           Special Recognition – Jack Wiles


In December, Council recognized a group of individuals whose names were added to the plaque at Memorial Park.  Jack Wiles was to be recognized at that time but was unable to attend the reception.  At this time, Council will recognize Jack Wiles for his service to the City of Port Orange.


Item 9 -           Special Recognition of Lamplighter Mobile Home Community


Lamplighter Mobile Home Community has been working with Port Orange Elementary School for over 20 years to assist those students who are in need during the holiday season.  At this time, Council will recognize Lamplighter Mobile Home Community for the contributions they make.


Item 10 -        Special Recognition of Spruce Creek Raiders


A representative of the Spruce Creek Raiders will be in attendance to be recognized by Council.


Item 11 -        National Night Out Award


The National Association of Town Watch has selected Port Orange as a National Award Winner for its outstanding participation in the National Night Out Program.  This year’s event involved 14,625 communities from all 50 states, U S. territories, and military bases worldwide.  The 50,000 to 99,000 population category had 2,510 cities competing for this honor.  Port Orange was selected as 36th of the top 40 winners in this category.  Crime Prevention Officer David Miller has successfully coordinated this event since 2006 and the attendance has grown each year.





This is the annual organizational meeting of the Port Orange Property Development, Inc.  Separate agendas have been prepared for each of the meetings. 




This is the annual meeting of the Design Review Board of the Port Orange Property Development, Inc. 





This is the annual meeting of the City Center Corporate Park Property Owners Association.




This is the Annual Meeting of the Golf Club at Cypress Head, Inc.


G.                CITIZEN PARTICIPATION (Non-Agenda)


H.                 CONSENT AGENDA


Item 12 -        Approval of Minutes


Attached are the minutes of the following meetings:


a.                  November 3, 2009 – Regular City Council Meeting

b.                  November 10, 2009 – Regular City Council Meeting

c.                  December 1, 2009 – Regular City Council Meeting


Staff recommends approval of the minutes.


Item 13 -        Update on Construction Projects


Attached is the update on construction projects from Quentin L. Hampton Associates.  Staff recommends acceptance of the report.


Item 14 -        Update on Recreational Facilities


Attached is the update from Parks and Recreation.  Staff recommends acceptance of the report.


Item 15 -        Road Construction Report


Attached is the Road Construction Report.  Staff recommends acceptance of the report.


Item 16 -        Legislative Support Contract


Staff is completing work on the Legislative Program for 2010.  The attached agreement would be to support our efforts in Tallahassee, particularly with securing funding for the Dunlawton Avenue flood control and water augmentation project. The contract is in an amount not to exceed $40,000.  Funds are available in Account # 001-1000-580-31-13.


Staff recommends that Council employ Pittman Law Group, P.L. to track legislation on the City’s behalf and to work in support of our legislative priorities, including project funding and to authorize the Mayor and City Manager to execute all associated documents.


Item 17 -        Contract Extension with Chips Dozer Service, Inc., for Disposal of Lime Sludge


On November 13, 2007, City Council approved Bid Award #B07-18 for transportation and disposal of lime sludge to Set Materials Inc., (d/b/a Chips Dozer Service).  The term of the initial agreement was for a period of two years commencing January 1, 2008, with a one-year option for renewal, if mutually agreeable to both parties. 


The City has expressed its desire to exercise the one-year option, and the vendor has agreed, in writing, to the extension.  The vendor shall maintain the current pricing for disposal ($5.75/cubic yd) and transportation and disposal ($8.75/cubic yard) during the extended one year term.


Staff recommends approval of the one (1) year extension of the existing contract with all terms and conditions of the existing contract to remain in effect.  Funds are available in the current operating budget in account #401-0200-533.34-11.


Staff recommends that Council approve a one (1) year extension of the current contract with Set Materials, Inc, (d/b/a Chips Dozer Service) for the disposal of lime sludge and authorize the Mayor and City Manager to execute contract extension documents.


Item 18 -        Renewal of Service Contract with Halifax Humane Society


The service contract with Halifax Humane Society provides care, treatment, impound, and disposal of animals picked up in the City of Port Orange.  The contract establishes fees charged for impoundment, collection of redemption fee procedures, and billing procedures. The Halifax Humane Society has submitted a 2010 Amendment to Services Agreement making the following changes:


2009 Contract – Rate of $46.23 plus $12.46 per day for the first three days and $13.93 per day thereafter.

Decapitation of rabies suspect animals – This service will no longer be provided by the Halifax Humane Society.

Animal Control requested euthanasia of wild animals - $13.93


2010 Contract – Rate of $48.31 plus $13.02 per day for the first three days and $14.56 per day thereafter.

Removal of Paragraph 3(d) from the Services Agreement.  The Humane Society is deleting their requirement to collect fees from a pet owner when reclaiming an impounded animal.  The Humane Society is stating they will make every attempt to collect the fees; however, they will return the animal to its owner and provide the City with the owner’s contact information.  In the past twelve months, the Humane Society has collected $7,606.10 from pet owners and credited the City’s account.  According to the new contract, the Humane Society will no longer be required to collect these fees from the pet owner.


Staff recommends that Council renew the service contract with the Halifax humane Society for January 1, 2010, through December 31, 2010.


Item 19 -        Authorize Letter of Interest to Daytona State College


Daytona State College (DSC) has issued a Request for Information regarding property acquisition on the east side of Volusia County.  A DSC location in Port Orange could provide added educational and training opportunities to our residents, additional job opportunities, quality infill development, and upgraded infrastructure.  DSC will evaluate each location to determine if further interest and discussion is warranted.  In order to offer a site for consideration, a Letter of Interest must be provided to DSC by January 8, 2010.  Staff requests that the City Council authorize the Mayor to send a Letter of Interest to Daytona State College for acquisition of real property.


Item 20 -        Palmer College Foundation, Inc., Lease Renewal – Allen Green Center


Palmer College Foundation, Inc. (Palmer) has leased the Allen Green Center since May 9, 2002.  Their current lease agreement expires on March 31, 2010 and Palmer would like to continue use of the facility for their clinic and associated activities.  The attached lease agreement is for a 10-year period and may be cancelled by Palmer after the fifth year subject to specified notice requirements and an early termination payment.


Palmer will pay $410,634 annually in years 1 through 3; $469,296 annually in years 4 through 7; and $483,961.50 annually in years 8 through 10.  They will continue to be responsible for interior building maintenance and will receive an annual rental credit for taking over all exterior maintenance activities from the City. 


Palmer is in good standing with the City and has complied with all provisions in the current lease agreement.  Staff recommends that Council approve the Third Amendment and Restatement of Lease Agreement with Palmer College Foundation, Inc. as attached.


Item 21 -        Qualified Bidders for Adult Activity Center Renovations


Eleven companies responded to qualify for construction services to renovate the Adult Activity Center.  The selection committee short listed the following five companies:  AG Pifer, A. W. Weigel, Bean, Hall Construction, and R.B. Marks.  Staff recommends approval to accept bids from these five companies for the renovation of the Adult Activity Center.  Funding for this project is in Project AIO 009.


Item 22 -        Approval of Ranking and Authorization for Mayor and City Manager to Sign Contract with SunTrust for the City’s General Banking Services


The City issued a request for proposals for General Banking Service.  A mandatory pre-bid was held and subsequently five addendas were issued.  Three submittals were received from Wachovia (Wells Fargo), Fifth Third, and Sun Trust.  The Selection Committee met to discuss and evaluate the responses.  Mel Hamilton from Public Finance Management (PFM) assisted the Committee review.  The Committee’s evaluation focused on the most important higher volume items in order to compare services and related cost as offset by earning credits.


It was determined by the Committee that the guaranteed earnings rate of 40 basis points (bp) on invested reserves with immediate access and the 75 bp earnings credit paying for banking costs, the Sun Trust’s proposal approximated the cost of Wachovia’s.  With the added ranking points available for additional offices located within the City limits and adequate services provided, Sun Trust was unanimously ranked number one, Wachovia ranked number two, and Fifth Third as three.  Without a transition period and transition costs, there are very few changes other than a few cost savings, particularly in the debt services area.  The Committee and City Staff therefore recommend Council approve the ranking and authorize the Mayor and City Manager to sign on behalf of the City the contract with Sun Trust for the City’s General Banking Services.


Funding for regular banking service is offset from interest earnings.  Credit card costs for services are funded by each user Department.


Staff recommends that Council approve the final ranking and authorize the Mayor and City Manager to sign the contract with Sun Trust Bank for the City’s General Banking Services.


Item 23 -        Approval to “Piggyback” Orange County Bid with Reynolds Inliner LLC to Reline Storm Pipe


Staff has identified metal storm pipes that are failing (see attached list).  Staff recommends relining the pipes as opposed to replacing them in order to save cost and avoid disruption to the residents.  Staff would like to piggyback Orange County’s contract with Reynolds Inliner LLC.  Reynolds has provided an estimate based on the areas listed and total cost should not exceed $503,772.  Funds are available in Account No. 41218005416397, Project DIP033.


Staff recommends that Council approve piggybacking Orange County’s bid No. Y8-117-J2 with Reynolds Inliner LLC to reline storm pipes for a total cost not to exceed $503,772.


Item 24 -        Confirmation of Youth Advisory Board Member – Brandon Dark


There are two vacancies for Atlantic High School students on the Youth Advisory Board.  Brandon Dark, 9th grade, has made application to serve on the Board.  Mr. Dark meets the qualifications and staff recommends his appointment to the Board.  


Staff recommends that Council confirm Brandon Dark as a Youth Advisory Board Member for 2009-2010.


Item 25 -        Approval of Schedule of Council Meetings for 2010


Following is the proposed schedule for meetings of the City Council 2010:


                        January 5, 19, and 26

                        February 2, 16, and 23

                        March 2, 16, and 23

                        April 6, 20, and 27

                        May 4, 18, and 25

                        June 1, 15, and 22

                        July 20 and 27 (Regular Meetings);

July 24 (Saturday Budget Workshop)

August 3 and 17 (Primary election is scheduled for Tuesday, August 24)

September 7, 21, and 28 - It may be necessary to adjust the September meeting dates.  As you are aware, the City Council cannot hold a public hearing that conflicts with either the County or the School Board.  They have not set their meeting schedules yet.

October 5, 19, and 26

                        November 3 and 9 (Election Day is Tuesday, November 2)

                        December 7 and 14


Staff recommends that Council accept the schedule as presented.


I.                     TABLED ITEMS


Item 26 -        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; Re-tabled 10/6/09)


Staff recommends that this item remain on the table.


J.                  FINANCE


Item 27 -        Resolution No. 10-1 – Budget Appropriations


On April 28, 2009, City Council approved the acceptance of a U. S. Department of Justice, Edward Byrne Memorial Justice Assistance Program grant.  Also, staff is recommending funding of engineering/design for the Dunlawton Drainage project.  The attached resolution appropriates budget revenues and expenditures for these projects.  Staff recommends approval.


K.                 PUBLIC WORKS


Item 28 -        Approve Addendum No. 24 to Contract with Quentin L. Hampton Associates, Inc. – Dunlawton Drainage


Staff has received a proposal for engineering fees from Quentin L. Hampton Associates, Inc., for the Dunlawton drainage improvements and reclaimed water augmentation ponds.  As show on the attached, the total cost for design, engineering, permitting, and construction administration is $133,000.  Currently, there is no project number or funding identified for this project.  Staff recommends approval of Addendum No. 24 to the contract with Quentin L. Hampton Associates, Inc., for the Dunlawton Avenue flooding for a total cost not to exceed $133,000.


L.                  ADMINISTRATION


Item 29 -        Vision Statement Update


At this time, Council may discuss how they would like to proceed in updating the City’s Vision Statement.


M.                COUNCIL COMMENTS


Item 30 -        Comments/Concerns from Council Members


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