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 28, 2010


Date:               September 20, 2010



A.                 OPENING


Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call





Item 4 -           Recognition of Kelli Bundza and Officer Joe Rhodes


Just before 6 p.m. on Tuesday evening, September 7th, a typical football practice at Spruce Creek High School turned into a true test for athletic trainer, Kelli Bundza, and assistant coach/off-duty POPD officer, Joe Rhodes.  Senior defensive lineman, Jordan Petersen, was doing light drills during which he took a seemingly harmless hit.  He got up and was able to take a few steps before collapsing onto the field, looking as though he had the wind knocked out of him.  But, Bundza quickly determined that he was in cardiac arrest. She had another coach call 911 and began mouth-to-mouth while Officer Rhodes started chest compressions.  The portable Automatic External Defibrillator (AED), provided and maintained by Port Orange Fire-Rescue, was brought to Petersen’s side and administered a shock after which they were able to get his pulse back.  They continued rescue breaths until Port Orange paramedics arrived. Petersen was transported first to Halifax Port Orange (with paramedic ridealongs Lt. Dan Hodgins and Paramedic Mike Williams) to be stabilized and then on to Halifax Medical Center. He was released three days later and will return to school within a couple of months.  The actions and expertise of Bundza and Rhodes kept an extremely frightening situation from turning into a terrible tragedy.


At this time Council will recognize Spruce Creek High School’s athletic trainer, Kelli Bundza and assistant coach, Officer Joe Rhodes (POPD) for their heroic actions in the face of very grim circumstance.  Thanks to their quick thinking, medical training, and having the right equipment on hand, Spruce Creek High School senior, Jordan Petersen, is with us today.






D.                SPECIAL REPORT


Item 5 -           Report from KemperSports Management


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


E.                 CITIZEN PARTICIPATION (Non–Agenda-15 minutes)


F.                 CONSENT AGENDA


Item 6 -           Project Managers’ Report


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


Item 7 -           Approval of GPS Monitoring in Fleet Vehicles  


Last year, Council granted approval to have Ituran LifeTrak install and monitor GPS units in the fleet vehicles and equipment.  Ituran LifeTrak is willing to continue to provide the monthly monitoring service at the same cost, $35.00 per month, per unit.   Total units are 149 which equates to a monthly cost of $5,215.00, or $62,580.00 annually.  The sheet attached provides a breakdown of cost by department.


Staff recommends that we continue with the GPS monitoring on fleet vehicles through Ituran LifeTrak for an annual cost not to exceed $62,580.00.



Item 8 – Installation of Permanent Generator to Power Radio Telemetry via City Fiber Optic Network


A critical element of the Public Utilities Department operation includes continuous reliance upon radio telemetry and fiberoptic communications to monitor and operate our remote wells and pumping stations.  The signals are received at the Garnsey Water Plant and then conveyed to the Reclaimed Water Plant via the City fiberoptic network.  However, in order for the data to be transmitted, the information receives a midpoint “boost” at the Parks and Recreation office.  However, a loss of FPL power at the Parks base completely disrupts the signal until electrical service is restored.  Additionally, telephone service is also lost.  The end result is that all forms of communication between the plants are disrupted until FPL service is restored. 


Just such an event occurred this summer.  As a result, a sewage pump station transmitted an alarm signal that failed to reach the Reclaimed Plant which monitors the lift stations.  Consequently, the lift station flooded with sewage until a resident noticed the problem and contacted the City.  Fortunately, crews responded before any direct damage to any property occurred, and no imminent health hazard resulted.


In order to prevent this from occurring in the future, Public Utilities worked in collaboration with Public Works, Parks & Recreation, and Information Technology, to secure a quote from Florida Detroit Diesel Allison to install an existing surplus generator at the Parks base (the midpoint “boost” for the fiberoptic network signal).  The quote includes retrofit of an auxiliary fuel tank and an enclosure.


Florida Detroit Diesel-Allison (FDDA) has a continuing service agreement with the City of Port Orange which includes generator installation, refurbishment, repair and maintenance.  Under the terms of that contract, FDDA provided quote in the amount of $42,597.  In addition, FDDA will secure all necessary permits, with those costs paid directly by Public Utilities to the Building Division.  Funds for this work are budgeted and available in account number 403-0401-535-6497 project number MME003 Telemetry.


Staff recommends Council approve a purchase order to Florida Detroit Diesel-Allison in the amount of $42,597 for installation of a generator featuring an auxiliary fuel tank and enclosure, in accordance with the terms of their continuing service agreement with the City of Port Orange.


Item 9 – Validation of Sole Source Vendors for Standardization Purposes


Public Utilities infrastructure consists of a very elaborate and complex system of pumps, motors, generators, and other equipment necessary to operate and monitor the city’s wells, remote pumping stations, and lift stations as well as our water treatment and sewer/reclaim 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.  When these circumstances occur, it is often due to the fact that specific parts, materials, and accessories must be purchased from either the original manufacturer or an authorized distributor.  Equipment standardization is another very important consideration.  For example, the City operates more than 120 lift stations.  It is simply not practical nor is it feasible for in-house mechanics and operators to be trained and skilled in the repair and preventative maintenance of multiple brands and models of pumps and motors. 


Few vendors are utilized on an annual basis for specific products and services that exceed $25,000. Staff recommends the waiver of bid procedures and validation of the following vendors as a sole source for standardization purposes.


  • Barney’s Pumps – supplier of parts and services for pumps at water and sewer treatment plants, reclaim lakes, remote pumping stations, wells, and lift stations
  • Data Flow Systems – proprietary supplier of parts and service for all telemetry control equipment supporting lift stations, wells, and both plants. 
  • Diamond Quest – supplier of parts and service for all security control equipment at treatment plants and remote storage and pumping facilities.
  • Sanders Company - supplier of parts and service and only area distributor for Smith & Loveless lift stations.
  • Biological Consulting Services – biological and hydrological data collection and historical report analysis required for SJRWMD, FDEP, and ACOE regulatory compliance.


Staff recommends approval to waive bid procedures and validate Barney’s Pumps, Data Flow Systems, Diamond Quest, Sanders Company, and Biological Consulting Services as Sole Source Vendors for standardization purposes.  


Item 10 – Bid Award – Annual Assortment of T-Shirts


Three bids were received from local area businesses for the Annual Usage of Assorted T-Shirts.  The lowest bid was received from Mid-Florida Sportswear.  Mid Florida has had the Contract in the past.  Staff recommends that Council award this contract to Mid-Florida Sportswear for their bid as was submitted.


Funding for this is in both the Parks & Recreation Operating Budget as well as each department for their own respective uniforms shirt requirements


Staff recommends Council approve the bid to the lowest responsible responsive bid received from Mid Florida Sportswear for the Annual Assortment of T-Shirts.


Item 11 – First Amendment to Agreement Between St. Johns River Water Management District and the City for Rose Bay Cooperative Funding Agreement


The City and the District entered into a cooperative funding agreement on April 1, 2009 to facilitate the restoration of Rose Bay.  The project is underway but progressing at a slower pace than originally anticipated in the Agreement.  The District has requested that the Agreement be amended to extend the term to September 30, 2011 to ensure all of the close out documentation can be completed.  The District is making the same request of other funding partners.  There is no request for any additional funds. 


Staff recommends Council approve the First Amendment to the Agreement between the St. Johns River Water Management District (District) and City of Port Orange for the City of Port Orange Rose Bay Cooperative Funding Agreement



G.                FINANCE (John Shelley)


Item 12 – Resolution No. 10-84 - Budget Appropriations


On the development agreement dated November 18, 1999, City Council approved the waiver of building and related fees for the PYA/Monarch (US Foods) Development Phase II.  In July 2009, Council approved acceptance of a Shoreline Restoration Grant from the United States Department of the Interior. 


The attached resolution appropriation budgets revenues and expenditures for US Foods development fees and the grant.  Staff recommends approval.


Item 13 – Proposed Write-off of Bad Debts


During the past few weeks, City staff has evaluated the potential of collecting certain accounts receivable.  During this process, we have concluded that $76,915.92 utility account receivable and $2,778.76 miscellaneous receivables, totaling $79,694.68 are proposed for write off.  Utility receivables originated from 2004-2006 and miscellaneous revenues from 2005-2008.  These receivables were not able to be secured by property, business or other assets.


We will continue to attempt collection of these accounts.  Please see the attached memorandum for more detail.  Detail of recommended write offs will be in the City Clerk’s Office for review.


Staff asks City Council for authorization to write off utility accounts receivable and miscellaneous accounts receivable balances that have been deemed uncollectable.


Item 14 – Monthly Financial Report


Attached is the monthly financial report.  If you have any questions, please contact John Shelley or me.



H.                 COMMUNITY DEVELOPMENT (Wayne Clark)


Item 15 – Second Reading – Ordinance No. 2010-21 Comprehensive Plan Update (EAR-Based Amendments) 10-2 Comprehensive Cycle Adoption (continued to date certain of September 28, 2010)


Staff recommends approval.



Item 16 – First Reading – Ordinance No. 2010-28- Rezoning – First United Pentecostal Church of Greater Daytona from “A” and “R-8SF” to “GPU” (1495 Herbert Street)


On August 26, 2010 the Planning Commission recommended approval (5-0, Commissioners Lasky and Parker, excused), of the request to rezone +/-1.9 acres from “A” (Agricultural) and “R-8SF” (Single-Family Residential) to “GPU” (Government/Public Use). If the rezoning is approved, the property owner intends to submit a site plan to develop a house of worship and fellowship hall on the property.


Planning Commission Recommendation:      The Planning Commission recommended approval 5-0 (Commissioners Lasky and Parker excused).


Staff Recommendation:   Staff recommends approval.


Second Reading:   October 19, 2010.    



Item 17 – Resolution No. 10-85  - Proposed Easement Vacation – Lot 91, Country Walk, Phase II Subdivision (3452 Fox Hunt Court; Tax Parcel No. 6337-23-00-0910)


The Community Development Department has received an easement vacation application for Lot 91 of the Country Walk, Phase II Subdivision. The property owners have made this request in connection with building permit applications to construct a pool, pool deck, and pool enclosure in to the proposed easement vacation areas.


The easement vacation application and legal description have been reviewed for completeness and accuracy. The area was inspected with respect to City Codes and possible effects to adjacent properties resulting in no outstanding concerns. Contractors have submitted building permit applications for the proposed structures. The pool, concrete deck, and screen pool enclosure will not exceed required minimum setback distances or the minimum open space requirement for the lot. Release letters have been obtained from all franchise utility companies and there are no currently planned drainage or utility improvements proposed for the subject areas in the future. The easement areas may be vacated, as described in the attached Exhibit “A”, to the extent that they are not being used.



Item 18 – Resolution No. 10-86 - Proposed Right of Way Vacation – Centre Street, Depot Addition to Allandale Plat


The Community Development Department has received a right-of-way vacation application for the Centre Street right-of-way as shown on the plat of the Depot Addition to Allandale. The adjacent property owners have made this request in connection with a desire to legally transfer the ownership of property they have been maintaining to the East of Wood Street to them. The portion of Centre Street right-of-way to the West of Wood Street was vacated per a previous replat of that area (see attached plat copies).


The right-of-way vacation application and legal description have been reviewed for completeness and accuracy. City departments have reviewed the request and the area was inspected with respect to City Codes and possible effects to adjacent properties resulting in no outstanding concerns. Release letters have been obtained from all franchise utility companies and there are no currently planned roadway, drainage, sewer, or water improvements proposed for the subject area in the future. The right-of-way area may be vacated, as described in the attached Exhibit “A”, to the extent that it is not being used.



Item 19 – Approval of a Conditional Use to Allow a Boat Display/Sales Area as an Interim Use in the “PC-R” Zoning District – Riverwalk – (111 Dunlawton Avenue)


On August 26, 2010 the Planning Commission recommended approval (5-0, Commissioners Lasky and Parker, excused), of a Conditional Use to allow a boat display/sales area as an interim use in the “PC-R” zoning district (Riverwalk). If the Conditional Use is approved, Brad and Jack Wiles of Atlantic Marine are proposing to operate a boat display/sales area on the subject property. The Planning Commission recommended approval subject to the following conditions:

·        An executed agreement between Atlantic Marine and the Port Orange Town Center CRA;

·        The agreement between the Port Orange Town Center CRA and Galbreath Enterprises being revised to include Atlantic Marine;

·        A maximum of 12 boats is permitted on the property;

·        A 32 SF maximum ground sign is the only signage allowed on the property;

·        Conditional Use will expire on December 31, 2014 or the date indicated in the agreement between Atlantic Marine and the Port Orange Town Center CRA;

·        The boats being displayed shall be properly maintained and owned by Atlantic Marine;

·        The property shall be controlled by the terms and provisions of the agreement between the Port Orange Town Center CRA and Atlantic Marine. If the agreement is silent regarding a particular subject or requirement, the conditions of the Conditional Use or requirements of the Land Development Code shall control; and

·        Completion of the site improvements described in the attached staff report.


Staff requests Council approve a Conditional Use to allow a boat display/sales area as an interim use in the “PC-R” zoning district (Riverwalk), as recommended by the Planning Commission



I.                     PUBLIC WORKS (Warren Pike)       


Item 20 – Discussion – Dunlawton Flooding EVRWA Report


If you recall, shortly after the last May rainfall event in which several of our sister cities along with Port Orange experienced severe flooding along the Nova Canal and elsewhere.  A forum of the entire east coast cities including the County and FDOT was formed and it was labeled as the East Volusia Regional Water Authority and the purpose was to examine what if anything, could be done to alleviate some of the flooding.  Last June, the group hired two firms to look into the situation.  The two firms were Quentin Hampton & Associates and Camp Dresser & McKee Inc. (CDM).


After a year long approach and numerous meetings a final report has now come out.  The costs are staggering and there could be an event in which flooding will occur no matter what gets built.  Let’s remember, the City of Port Orange recorded 30 inches of rainfall and had to close Dunlawton which is a major evacuation route for 4 days.


Most of the attached report consists of several pump stations and tide gates in certain areas as well as numerous new retention ponds in all the cities affected.  Port Orange has taken on the lead of fixing the Dunlawton situation aside from whatever the other cities agree to accomplish and when.  As you look through the report you will see a pond modification at Bushman in Port Orange.  It is identified as a location for a potential pump station with a routing of a force main making its way to the existing outfall at Commonwealth Boulevard and the Halifax River.  Identified in the report are 7 alternatives broken down into cost share by City.


The direct benefits are questionable due to each and every situation which is completely different.  Tides are a concern as well as storm surge, wind direction and lunar influences.  This item is for discussion only.


J.                  PUBLIC SAFETY (Gerald Monahan and Tom Weber)


Item 21 – Second Reading – Ordinance No. 2010-26 – Amending the Fire and Rescue Pension Fund


Staff recommends approval.


Item 22 – Resolution No. 10-87 -Traffic Enforcement Agreement – Sanctuary on Spruce Creek HOA


This is a renewal of their traffic enforcement agreement with the City of Port Orange.  State law provides the procedure for how law enforcement officers can enforce traffic laws on private streets.  This agreement meets those requirements.



K.                 ADMINISTRATION (Ken Parker)


Item 23 – First Reading – Ordinance No. 2010- 29 -Amending Chapters 54-47 and 54-122 of the General Employees Retirement System Relating to Membership


This Ordinance provides that employees hired after October 1, 2010 and are not covered by one of the bargaining unit agreements will become members of the City’s Defined Contribution Retirement Plan rather than one of the City’s Defined Benefit programs. Pension is one of the items that is subject to mandatory collective bargaining so any change to those covered by one of those contracts requires the City to bargain with the Unions.  This is a prospective change and applies only to new hires.  Those individuals currently employed by the City and covered by one of the defined benefit plans would continue to be covered by those plans.



Second Reading:   October 19, 2010.    



Item 24 – Resolution No. 10-88 - Authorizing Staff to Submit a Brownfields Assessment Grant Application to the US Environmental Protection Agency


The City has the opportunity to apply for a $400,000 Brownfields Community-Wide Assessment Grant ($200,000 Hazardous Substances and $200,000 Petroleum) 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 sites within the City’s two Community Redevelopment Areas, including the U.S. 1 Corridor, and key economic development sites adjacent to former landfills.  The performance period for EPA Assessment Grants is three (3) years.  No cash match is required by the City, and grant funds may be used to cover grant programmatic expenses.  Concurrent Technologies Corporation of Jacksonville, FL, 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 helping the City of New Smyrna Beach and the City of South Daytona secure this same grant in 2008 and 2009, respectively.


City Manager Comments: The City applied for the grant funds last year and did not receive any funding.  However, two of the adjacent cities, New Smyrna Beach and South Daytona, did receive grant dollars in 2009 and 2010 respectively.  Donna would be involved in the grant preparation as well as in the grant administration.  Concurrent Technologies helped the City last year in preparing this grant.  They would be helping in preparation again this year.  CTC will not charge the City a fee for grant preparation.  They will have to compete for the consulting work should the grant be awarded. 


L.                  COUNCIL COMMENTS


Item 25 –       Comments/Concerns from Council Members


At this time council members may discuss various matters or concerns.


Item 26 – City Council Committee Reports


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