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 June 1, 2010


Date:               May 24, 2010



A.                 OPENING


Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call





Item 4 -           Code Enforcement Officers Appreciation Week


At this time, Mayor Green will present the proclamation recognizing Code Enforcement Officers Appreciation Week.


Item 5 -           Florida City & County Management Association (FCCMA) Program Excellence Award for Fire Prevention Week 2009 Program


On May 14, FCCMA recognized Port Orange Fire & Rescue for the Department’s Fire Prevention Week 2009 Program, which was made possible through a partnership with Atlantic High School Education and Support Services Academy (ESSA) students.  In October, 2009, Port Orange Fire & Rescue and ESSA students presented fire safety learning stations to Grades K-3 at all six elementary schools in Port Orange.  This program offered an interactive approach that will greatly enhance student retention of the safety messages and received much praise from students and teachers alike.



C.                SPECIAL REPORT


Item 6 -           Report from KemperSports Management


A representative of KemperSports will make a report to the Council regarding the Golf Club at Cypress Head.


Item 7 -           Comprehensive Annual Financial Report (CAFR) for Fiscal Year  Ended 9/30/09 – Brent Millikan & Co., P.A.


Attached is the Comprehensive Annual Financial Report (CAFR) FY ended 9/30/09 for City Council review.  External Auditors, Brent Millikan & Co., CPA’s, and City Staff are available to answer any questions.  Staff recommends that Council approve the Comprehensive Annual Financial Report (CAFR) for Fiscal Year Ended 9/30/09.



D.                CITIZEN PARTICIPATION (Agenda)


Item 8 -           Presentation by Bob Williams, Southeast Volusia Hospital District


Bob Williams, the CEO of the Southeast Volusia Hospital District, will be making a presentation to the Port Orange City Council related to developments concerning Florida Hospital taking over the management of Bert Fish Hospital in New Smyrna Beach.  Port Orange residents who live south of Spruce Creek live in the Southeast Volusia Hospital Taxing District.  Many of our residents are not aware that a portion of Port Orange is in that taxing district.  Mr. Williams will bring the City Council and our residents up to date on the latest events related to the discussion between the Hospital District Board of Directors and Florida Hospital.


Item 9 -           Port Orange-South Daytona Chamber of Commerce Quarterly Report


Deborah Connors, Executive Director of the Port Orange-South Daytona Chamber of Commerce, will make a report to the Council at this time.


E.                 CONSENT AGENDA


Item 10 -        Approval of Minutes


Attached are the minutes of the following meetings:


            Regular Meeting of April 20, 2010

            Special Meeting of April 27, 2010

            Regular Meeting of April 27, 2010

            Special Meeting of May 4, 2010


Staff recommends approval of the minutes.


Item 11 -        Update on Construction Projects


Attached is the report on construction projects.  If you have questions, please contact any of the Project Managers or me.


Item 12 -        Update on Recreational Facilities


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


Item 13 -        Road Construction Report


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


Item 14 -        Filter Trough Replacement Project at Garnsey Water Treatment Plant


The Public Utilities Department recommends the replacement of existing filter troughs for both the north and central process trains at the Garnsey Water Plant.  Each process train consists of 16 wash water troughs in 4 filter cells. 

The original filter troughs were manufactured by Infilco/Ondeo Degremont Company and fabricated with heavy gauge sheet metal. Over the years, these troughs have been de-rusted and repainted several times.  However, the troughs are now nearly 30 years old and in need of replacement.  During the Volusia County Department of Health Department’s most recent plant inspection, replacement of the aging filter troughs in the north and central process trains was recommended.     

The new replacement filter troughs will be fabricated using fiberglass reinforced plastic (FRP). This type of construction has proven to be very durable and is not subjected to the type of deterioration or corrosion common to metal troughs.  During the last plant expansion in 2002, the filter troughs in the newer south process train were constructed with reinforced fiberglass plastic.   

The original manufacturer provided a price quote in the amount of $186,200, which did not include labor to remove the existing troughs. Ordinarily, these filter troughs would be considered sole source proprietary items, custom fabricated by the original manufacturer.  However, through working with our independent consultant QLHA, staff was able to identify two additional qualified fabricators capable of manufacturing fiberglass filter troughs to the safety standards required for this project. After researching and qualifying both firms, specifications and shop drawings were provided to each.   Tortuga Boat Manufacturers provided a quote in the amount of $68,000 for the removal of the existing troughs and the fabrication and installation of the new fiberglass troughs.

In accordance with City Purchasing Policies and Procedures, staff recommends waiver of bidding requirements where solicitation of bids is deemed to be inappropriate in consideration of the distinctiveness of the filter trough specifications for quality and safety purposes.  

Funding for the replacement of the filter troughs is available in the current year capital budget in project number WWP0003 Water Plant Improvements.

Staff recommends that Council approve waiver of formal bid requirements, and approve Tortuga Boat Manufacturers for installation of fiberglass filter troughs in the amount of $68,000.     


Item 15 -        Settlement Agreement Regarding Cambridge Wall


Last May, there was a failure in the retaining walls east of Trailwood Drive.  The City and the engineer of record have worked with the engineer’s insurance company to settle the claim and to make repairs.  The agreement would replace the wall with a different system, a redi-rock system.  The City hired Kimley-Horn to conduct a peer review of the proposed changes.  They have signed off on the proposed design.


Because not all of the wall failed, the insurance company is settling only that portion of the wall that failed.  In order to have a uniform system in place, I am recommending the City replace the entire wall with the redi-rock system.  The system is similar to the system used in Port Orange Plantation located off of Town West Boulevard.  Several years ago, the City used a similar system on the canal at the Riverside Pavilion Park off Ridgewood.  It has proven to be a good, reliable system.  We recommend the settlement agreement.  If you have questions, please feel free to call Margaret, Warren, or me.




Item 16 -        First Reading - Ordinance No. 2010-16 - Adoption of 2009 International Property Maintenance Code with Local Amendments


The previous property maintenance code known as the Southern Building Code Congress (SBCCI) Housing Code was adopted by reference through the Building Code. When the City was required to adopt the Florida State Building Code the reference to the SBCCI code was removed. The International Property Maintenance Code (IPMC) is the current national standard reference for property maintenance. The IPMC will regulate maintenance of all property in the City and not just housing. Local amendment have been drafted in order to preserve essential elements of the Code of Ordinance, provide uniformity with State mandated codes, and allow for effective enforcement procedures.


Staff recommends that Council approve the attached ordinance adopting the 2009 International Property Maintenance Code with local amendments.


Second Reading:   June 22, 2010          


City Manager’s Comments:  Not having a housing code in our Code of Ordinances has hampered Code Enforcement Officers, especially in these times when a number of homes are in foreclosure.  The Code provides the City with maintenance standards for other types of property, not just commercial property.  It is recommended that the City Council adopt the International Property Maintenance Code with local amendments.  Let me encourage you to meet with Wayne Clark and his staff related to this code prior to the meeting.  Becky will be glad to coordinate meetings with you and staff.


Item 17 -        Major Special Event Request – TNT Fireworks at Countryside Plaza3830 South Nova Road


We have received a Major Special event request from Les Ditchek, representative for TNT Fireworks, to hold a fireworks sale located at Countryside Plaza, 3830 S. Nova Rd.  Mr. Ditchek is requesting permission for the event beginning June 25, 2010, and continuing through July 4, 2010.  The times for the sale are from 10:00 a.m. to 10 p.m., daily.  Staff recommends that Council approve TNT Firework’s Major Special Event request and to waive the $250 surety bond, subject to thirteen (13) conditions on the attached staff report.


City Manager’s Comments: It has been several years since the City had a request for a fireworks stand in Port Orange.  The City Council did not grant the special event permit the last time a request was made.  The Port Orange Fire Department has voiced an objection and is concerned about the approval of this Special Event Request.  I would like to ask the City Council to review the City Code of Ordinances, Section 30-28.  You may want to speak with Chief Weber as well.


G.                COUNCIL COMMENTS


Item 18 -        Comments/Concerns from Council Members


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