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 May 25, 2010


Date:               May 17, 2010



A.                 OPENING


Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call



B.                 TOWN CENTER CRA MEETING


At this time, the regular City Council meeting will recess and the Council will reconvene as the CRA Board.



C.                CITIZEN PARTICIPATION (Non-Agenda)

D.                CONSENT AGENDA


Item 4 -           Project Managers Report


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

Item 5 -           Revalidation of Sole Source Vendor for Purchase and Installation of Four (4) Variable Frequency Drives at Water and Wastewater Plant Facilities


Public Utilities infrastructure consists of a very elaborate and complex system of pumps, motors, generators, and other equipment necessary to operate and monitor water treatment and sewer/reclaimed plant facilities.  In accordance with City policy and procedures, the department implements competitive bid and purchasing practices whenever possible.


In some instances, however, it is neither possible nor practical to obtain competitive quotes due to the specialized nature of certain equipment and services.  Equipment standardization is a prime example, due to the fact it is logistically impractical for in-house mechanics to be trained and skilled in the repair and preventative maintenance of multiple brands and models of pumps, motors, and variable frequency drives. 


As part of its annual repair and replacement program, Public Utilities staff is recommending the replacement of four (4) variable frequency drives (VFDs) at the Garnsey Water Plant, Airport Road Pump Station, and Dwayne Huffman Wastewater Treatment Plant. These drives control the frequency of the electrical power supplied to motorized pumps resulting in energy savings. VFDs are utilized on several high service pumps at the water and wastewater treatment facilities. For the past 20 years, RJH Technical Services, Inc., has been the supplier and installer of pump station motor controls and VFDs at our various facilities.  


Staff respectfully recommends approval of a purchase order in the amount of $49,280 for the purchase and installation of (4) variable frequency drives   Funds are available in the current year CIP budget under project MME003 Telemetry.  


Staff recommends Council approval to waive bid procedures and revalidate RJH Technical Services, Inc., as Sole Source Vendor for purchase and installation of four Variable Frequency Drives at Water and Wastewater Plant Facilities in the amount of $49,280.


Item 6 -           Approval to “Piggyback” Sheriff Department Contract to Purchase a Replacement Truck for Grounds Crew


In December, 2009, the ¾ ton pick-up truck operated by the grounds crew at Public Works was totaled in an accident.  The other party was at fault, and their insurance company has since made payment in the amount of $6,999.80 for the vehicle.  Staff needs to replace this truck; one can be purchased off of the Sheriff’s contract, No. 09-17-0908, for a total cost not to exceed $35,552 (3/4 ton pick up with utility body).  The insurance money received will be applied towards this purchase.  Funds are available in the Fleet Finance Account No. 50510005806400.


Staff recommends Council approval to piggyback the Sheriff’s Department Contract and purchase a ¾ ton replacement truck for the grounds crew for a total cost not to exceed $35,552.


Item 7 -           Proposed License Agreement – Part of Lot 29 and Lot 30, Halifax Shores Subdivision (7 Coconut Row)


Frank and Brenda Broome, the owners of the subject property, have applied for a Right of Way License Agreement from the Community Development Department.  The application was made in connection with a proposal to reconstruct their existing driveway and the right of way apron with decorative pavers.  There is also an iron privacy gate and fence already existing in the affected portion of the right of way.


The License Agreement Application has been reviewed for completeness and accuracy.  The area has been inspected with respect to City Codes and possible effects to adjacent properties resulting in no outstanding concerns.  The owners have submitted a building permit application for the proposal as described.  The proposal has been reviewed and approved by appropriate City staff.


The property owner has been advised of applicable requirements and advised of the License Agreement and permit review process.  This agreement has the effect of requiring the property owner to maintain and, if necessary, replace these improvements with the accepted standard construction requirements of the City.  Further, should the property owner fail to abide by this requirement, it provides the City with the ability to take necessary corrective actions at the expense of the property owner.


Staff recommends that Council approve and authorize the Mayor and City Manager to act on behalf of the City to execute a License Agreement for Part of Lot 29 and lot 30, Halifax Shores Subdivision.


Item 8 -           Settlement Agreement with The BriarTeam, LLC, for Hockney Court Road Repairs


After the May 2009 rain event, a portion of Hockney Court failed and has been temporarily reinforced to allow continued use and now requires reconstruction.  Geotechnical investigation and analysis was performed by the City and The Briar Team and an agreement was reached, subject to City Council approval, for each party to pay one-half of the expenses. 


The attached Agreement requires the City to contract for the work and for Briar to pay one-half of the $24,000 associated repair expense to bring the road back into an acceptable condition consistent with the original design specifications.  Staff recommends approval of the Agreement so that repair work can commence.


Staff recommends that Council approve the attached Settlement Agreement with The Briar Team, LLC for Hockney Court road repairs and authorize the Mayor and City Manager to execute all necessary documents.


Item 9 -           Contract Extension – Investment Advisory Services with PFM


The City Council previously approved the “piggyback” of Volusia County’s bid for investment services with Public Finance Management (PFM).  That contract has four one-year extensions, this being the second one-year period.  Staff recommends that Council approve this contract extension with PFM as per the “piggyback” of the Volusia County bid.



E.                 FINANCE


Item 10 -        Resolution No.10-39 - City Council Review and Update of Debt Management Policy


The attached resolution and Debt Management Policy have been revised to include the following statement under “Debt Limit” regarding the City’s maximum ratio of outstanding indebtedness:


  • Overall, the City limits the maximum ratio of outstanding indebtedness to no greater than 15% of the property tax base.


Staff recommends approval of the attached resolution.


City Manager’s Comments:  Some months ago, John and I attended a training session required by the State of Florida for those responsible for investing tax dollars.  During the session, debt policy was discussed.  After that presentation, John and I thought it would be good to review the City of Port Orange’s Debt Policy and establish additional standards.  After a review of the Policy, it was determined that only one area needed revision.  We are recommending this revision to the City Council.


Item 11 -        Discussion – Capital Cost Recovery of Local Utility Extension and Retrofit Projects


At the direction of the City Manager, staff conducted a thorough review and evaluation of past practices regarding the capital costs, financing, and subsequent cost recovery mechanisms applicable to Public Utilities capital projects.  For the study, the selected projects were limited to those where potable water and/or sanitary sewer utility services were retrofitted, or where such service was extended to previously unserved areas. 


Example representative projects that were scrutinized included, but were not limited to: (1) the Rose Bay Sanitary Sewer Retrofit Parts I and II (aka Harbor Oaks and Allandale); (2) the South Peninsula Sanitary Sewer Retrofit; (3) multiple potable water system extensions along Overlook Trail, Frieda Lane, Pringle Road, and Ernest Drive, (4) Buttermilk Lane Improvements, and (5) the Rains Drive and Lighthouse Shores Improvements.   


By conducting such an analysis, the desired goal was to develop suggestions and recommendations to aid in achieving full cost recovery of the improvements.   Thereafter, if such recommendations were supported by Council, then staff could begin to develop formal policies for adoption and utilization on future similar projects. 


It should be noted that prior to finalization of the report, joint meetings were held with participation from the City Manager, Finance Director, and the Public Utilities management team. Consequently, it is our belief that the findings are consistent with policy discussions held between elected and appointed officials in various venues during past joint City Council/Town Council meetings.  Additionally, we believe the suggested strategies will aid the City in achieving the desired goal of more fully recovering actual capital costs in a timely manner.  Lastly, we believe the recommendations to be specific, achievable, and realistic in terms of implementation.  Therefore, we now solicit your support of the suggested recommendations.  With the consensus of Council, staff will subsequently seek the assistance of the City Attorney’s office to develop the necessary legal and policy documents for future consideration by City Council.


Item 12 -        Monthly Financial Report


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





Item 13 -        First Reading – Ordinance No. 2010-13  - Annexation – Colony in the Wood Mobile Home Park


This is a request to annex approximately 81.9 acres into the City of Port Orange.  The subject property is currently developed as a mobile home park.  If approved, the owners intend to continue to operate the existing mobile home park.  The applicant has applied for a large scale future land use amendment to change the existing County future land use designation on the property to City Urban Low Density Residential and Office/Residential Transition.  The applicant has also applied to rezone the property “PUD” (Planned Unit Development).  There are no specific redevelopment plans at this time, but the owners would like to plan ahead for a possible future mixed-use development of the property, which is consistent with the City’s Comprehensive Plan Goals, Objectives, and Policies.


Staff recommends that Council approve the attached ordinance annexing land totaling approximately 81.9 acres located at 400 S. Clyde Morris Boulevard.


Second Reading:               June 22, 2010


Item 14 -        First Reading – Ordinance No. 2010-14 - 10-1 Large Scale Comprehensive Comprehensive Plan Amendment (Colony in the Wood)


This is a request to transmit the first Large Scale Comprehensive Plan Amendment (CPA) Package for the year 2010 (10-1).  On February 23, 2010, the City Council authorized the transmittal of the subject amendments to the Florida Department of Community Affairs (DCA) and other review agencies.


Upon review of the City’s proposed amendments, DCA did not have any objections.  The City has also received the Volusia Growth Management Commission (VGMC) certification and is now prepared to adopt the 10-1 CPA.


The proposed amendment is to change the future land use designation of approximately 81.9 acres of land from Volusia County Urban Medium Intensity to City of Port Orange Urban Low Density Residential and Office/Residential Transition.  The subject property is located at 4000 S. Clyde Morris Boulevard, the location of the existing Colony in the Wood residential mobile home park.


Please find attached for your review:


1.                  The adoption ordinance and exhibits;

2.                  The DCA Objections, Recommendations, and Comments (ORC) Report;

3.                  The VGMC Certification Letter; and

4.                  The original staff report for Case No. 09-20000002.


Staff recommends that Council adopt the attached ordinance amending the City’s Comprehensive Plan Update ’98 for Case No. 09-20000002 and authorize staff to send the adopted amendments to the Department of Community Affairs for final compliance review.


Second Reading:   June 22, 2010


G.                ADMINISTRATION


Item 15 -        First Reading – Ordinance No. 2010-15 - Amending Chapter 54, Article III, Section 54-48 of the Code of Ordinances Relating to Voluntary Member Contributions


Attached is the current standing of Chapter 54, Article III, Section 54-48, along with the suggested revision.  Currently, concerning voluntary member contributions-matching (letter c) the employee may choose to select up to a contribution rate of up to 5 percent.  For every one percent elected by the employee, the City currently puts in one-half of a percent, with a maximum city contribution of 2.5%.  It is being proposed that the maximum city contribution be increased to 3%.  Staff recommends approval.


City Manager’s Comments:  This brings the Code of Ordinances into compliance with the Public Employees Association contract.  This would require a contribution increase of the employee of six percent in order for the employee to receive a 3% contribution from the City.


Second Reading:   June 22, 2010          


Item 16 -        Resolution No. 10-40 - Brownfield Designation – Riverwalk Redevelopment Project Area


Staff recommends that Council approve the attached resolution designating the approximately 35-acre area known as the Riverwalk Redevelopment Project Area as a Brownfield Area.  Please reference attached resolution, memorandum and associated documents.



H.                 COUNCIL COMMENTS


Item 17 -        Comments/Concerns from Council Members


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


Item 18 -        City Council Committee Reports


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