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 5, 2010


Date:               September 28, 2010



A.                 OPENING


Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call



B.                 CITIZEN PARTICIPATION (Non-agenda – 15 minutes)



C.                CONSENT AGENDA


Item 4 -           Approval of Minutes


Attached are the minutes of the following meetings:


a.                  August 10, 2010 – Special Council Meeting

b.                  August 17, 2010 – Special Council Meeting

c.                  August 17, 2010 – Regular Council Meeting

d.                  August 31, 2010 – Special Council Meeting



Item 5 -           Update on Construction Projects


Attached is the update from Quentin Hampton’s regarding construction projects.  If you have questions, please contact any of the Project Managers or me.


Item 6 -           Update on Recreational Facilities


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


City Manager Comments: I would encourage you to go by Coraci Park and the Adult Activities Center.  Both of these projects are moving forward and will be great assets to our community.


Item 7 -           Road Construction Report


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


Item 8 -           Bid Award – Bid #10-18, Lighting Retrofit (Fire Stations 3 & 4 and Warehouse


Staff advertised and received five bids for the Lighting Retrofit for Fire Stations 3 & 4 and the Warehouse (alternate bid).  As shown on the Certified Bid Tabulation from Quentin Hampton Associates, Giles Electric is the apparent low bid vendor with a bid of $18,500.00 for all three facilities.  This project is funded by the U.S. Department of Energy Efficiency Conservation Block Grant (EECBG). 


Staff recommends council award Bid #B10-18, Lighting Retrofit, to Giles Electric for a cost not to exceed $18,500.00.


Item 9 -           Bid Award – Oil Change Services – Bid #B10-21


Staff advertised for bids on Oil Change Services.  Only one vendor, other than our own Fleet Maintenance Division, submitted a bid, Masons Automotive.  As shown on the bid summary sheet attached, Mason’s Automotive appears to be low bid vendor with a bid of $68,028.80 compared to the City’s Fleet Division bid of $97,598.26.  However there are several factors and circumstances to be considered in order to determine the true low bid vendor and they are addressed on the Commentary attached.  After careful consideration and review, staff is recommending the oil change service work be kept in-house.  Fleet Maintenance has the necessary equipment to service the various vehicles and equipment and we are able to purchase oil and grease products at lower costs than most outside vendors.  The mechanics are available for emergency roadside assistance when needed and, by keeping the service in-house, we can better assure the vehicles are kept in good working condition which helps extend the life of each vehicle.


Staff recommends Council award Bid #B10-21, Oil Change Services, to the City’s Fleet Maintenance division



Item 10 -        Bid Award – Design-Build Wellfield Solar Power Project


The final ranking for the design-build Wellfield Solar Power Project was previously approved by City Council with H.J. High Construction being the top ranked firm on September 7, 2010.  Staff has subsequently negotiated the contract for the construction of this project in the amount of $240,100.00.  The construction of this project is currently fully funded under a grant received from the U.S. Department of Energy.  Staff recommends the City Council approve the contract as currently written subject to City Attorney approval of the final language. 


Funding for this project is budgeted in the 401-0300-580-6400 Project number XFG009.


Staff recommends Council approve the contract to H.J. High Construction Company for their bid as submitted in their R.F.S.Q. 10-05 in the amount of $240,100.00 (subject to final City Attorney approval of the language, terms, and conditions), and to authorize the Mayor and City Manager to execute applicable contract documents, as necessary


Item 11 -        Cooperative Economic Development Agreement with Team Volusia Economic Development Corporation


The Business Development Partnership (BDP) recently changed its name to Team Volusia Economic Development Council (TVEDC) to service countywide economic development endeavors and garner participation from a broader grouping of public and private agencies.  TVEDC will focus on recruiting new businesses and fostering the expansion of existing businesses within the City of Port Orange and Volusia County.  They will promote the City through a variety of means and will create a GIS based economic development platform to promote available sites and information through the City’s website.  The TVEDC will coordinate with City staff and the annual contract amount of $28,201ensures the City Manager a seat on the Executive Board.  Funding for public agencies is based upon $0.50 per capita and all public funds will be separately accounted for.


Funds are budgeted in Accounts 626-1900-515-81-19 and 001-1000-580-81-19.


Staff recommends Council approve a cooperative economic development agreement with Team Volusia Economic Development Corporation in the amount of $28,201 and authorize the Mayor and City Manager to execute all applicable documents.


Item 12 -        Purchase of Replacement Lift Stations from Sanders Company


A portion of the continuing maintenance program, for the Public Utilities Department, is the regular replacement of sewage lift stations. We currently have approximately 110 lift stations of the Smith Loveless type to maintain within our utility system. 


We recently identified four additional lift stations, Brandy Hills (#44), Isabelle (#2), Cambridge Estates (#18), and Riverwood (#48) that have all now exceeded their useful life of approximately 15 - 20 years and are now in need of replacement. These 4 lift stations will be installed by our Public Utility Department Field Operations and Maintenance Staff working cooperatively.  By their working together we will continue to save the City significant dollars and help to do more with less.  However, even with these 4 proposed pump station replacements and the Nixon Line L.S. Replacement Project currently scheduled to go out for bid soon there will still remain 8 of our roughly 110 existing lift stations being of 20 years old or older.  This hopefully emphasizes a point that we are not only doing very well in extending the useful life of these lift stations but we have much more yet to do in the future to continue to fund the replacement of  them. 


These highly reliable and easily maintained lift stations have been the City standard for over 30 years.  The City currently has a five-year agreement with Sanders Company which sets contract prices for Smith and Loveless lift stations and includes an escalation factor controlled by a Federal Producer Price Index Number for this type of equipment.  This agreement has allowed us to control costs over the past approximately fifteen years.  A price quote has recently been provided based on this existing agreement.  Funds are currently available in the R & R Lift Station Project, #SLS002.  We request your approval at this time for the approval to purchase these four replacement lift stations per the terms of our existing and continuing long term pricing agreement.


Staff recommends Council authorize the purchase of four replacement Smith and Loveless Lift Stations and to approve the purchase order to Sanders Company, Inc., their local supplier, for the total purchase price of $139,172 per our existing long-term pricing agreement


Item 13 -        Annual Contract – Piggyback State and County Bid Purchases


Each year Information Technology Department will purchase items that exceed $25,000.00 in value, each of which must be brought before Council for approval. As in the past, we often desire piggyback active State and County bid contracts and purchase direct from the State Contract.  The commentary attached shows a list of these items as of by contract numbers, description and expiration.  Evidence of State contract authorized vendors according to the attached list will be produced to the City Purchasing Coordinator during the requisition process.  This practice complies with the City purchasing policies once authorized by City Council.


Staff recommends Council approve the piggybacking of State and County bids purchases and the use of defined State Contract equipment and supplies listed on the attached commentary for FY11.


Item 14 -        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 501-0700-590-46-36


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.


Staff recommends Council approve the purchase the Annual Software & Technical Support Maintenance from HTE at a cost of $101,905 for FY11.

For further information please contact Tony Marino or me.


Item 15 -        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 due in October beginning each fiscal year.  Hardware maintenance and upgrades are on the IBM equipment such as AS/400s, peripheral devices and PCs.  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 $28,775.00 and has been allocated in account #501-0700-590-46-10.


Staff recommends Council authorize the renewal of the existing annual IBM Maintenance Agreement for FY11.


For further information, contact Tony Marino or me.





Item 16 -        Youth Advisory Board


A representative of the Youth Advisory Board will make a report to Council at this time



E.                 FINANCE (John Shelley)


Item 17        Resolution No. 10-89 – Budget Appropriations


The City Council approved acceptance of a State grant from the Florida Department of Environmental Protection for the B-23 Canal Project.


The attached resolution appropriations budgets revenues and expenditures for the grant revenue and expenditure.

Staff recommends Council approve the attached resolution accepting the State grant from the Florida Department of Environmental Protection for the B-23 Canal Project.


City Manager Comments: We are in the final stages of plan preparation for the seawall and dredging.  We still have two property owners that need to sign their waivers.  One of the properties changed ownership while the other property owner had signed the waiver but the property is in a Trust and needs to be resigned.  Shannon is working with those two property owners.


Item 18 -        Proposed Write-off of Bad Debt


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.



F.                 COMMUNITY DEVELOPMENT (Wayne Clark)


Item 19 -        First Reading – Ordinance No. 2010-30 – Revised Comprehensive Plan Update (EAR- Based) Amendments)/10-2 Comprehensive Plan Amendment Cycle Adoption


The State Growth Management Act requires that local governments periodically review and update their Comprehensive Plans. The periodic amendment process is a two-phase process. It begins with the preparation of an Evaluation and Appraisal Report (EAR) and ends with the adoption of the EAR-based amendments to the Comprehensive Plan. The City Council adopted the EAR, per Resolution No. 09-8, at a public hearing held on January 20, 2009.

The recommendations contained in the EAR become the basis of proposed amendments to the Comprehensive Plan. These EAR-based amendments, once adopted by the City Council and found in compliance with Florida Statutes, then become the new Comprehensive Plan. The evaluation of the Comprehensive Plan (the EAR), revealed that overall the Plan was substantially effective. Therefore, the EAR did not recommend any major changes to the Plan. The most significant amendments are to address recent changes to Florida Statutes (i.e. House Bill 697, 2008; Senate Bill 360, 2009).


The EAR-based amendments were transmitted to the State at a public hearing on April 20, 2010. Thereafter, upon receipt of DCA’s Objections, Recommendations, and Comments (ORC) Report, the City prepared responses and revisions addressing comments from DCA, FDOT, Volusia County, and the City of Daytona Beach. These objections were related to some of the details of the Transportation Concurrency Exception Area (TCEA) proposed to address Senate Bill 360. Subsequently, the City received the Volusia Growth Management Commission (VGMC) Certification, and held the first reading of the adoption ordinance on August 17, 2010.


UPDATE: On August 26, 2010, the Second Circuit Court in Leon County found Senate Bill 360 (2009) to be an unfunded mandate and therefore unconstitutional. The decision was in response to a lawsuit filed by a group of local governments shortly after SB 360 was enacted. The Court’s decision impacts the status of the EAR-based amendments, because the Future Land Use Element, Transportation/Mobility Element, and Capital Improvement Element updates had been written to comply with this law. Staff has since revised these three chapters to revert back to the standard concurrency language already in use. Because of the revisions, Staff is bringing back the EAR-based amendments as a new ordinance for first and second reading.


The revised EAR-based Amendments are available for public review on the City’s website at:


Staff Recommendation:  Staff recommends approval of the attached ordinance amending the City’s Comprehensive Plan based on the 10-2 EAR-based Amendments, thereby creating the new 2010 – 2025 Comprehensive Plan, and authorizing staff to send the adopted amendments to the Department of Community Affairs (DCA) and other review agencies for final compliance review.


Second Reading:   October 19, 2010     


City Manager Comments: The City is proposing back to back readings of the EAR based amendments.  We have made the adjustments that are required in the Transportation Element.  I know that two individuals have appeared before the City Council questioning the wetland map.  The wetland map has been revised to conform to St. Johns and the County.  There is a difference in wetland maps and flood plain.  I would encourage you to call Wayne Clark to discuss the EAR based amendments.



G.                PARKS & RECREATION (Susan Lovallo)


Item 20 -        Resolution No. 10-90 – Establishing Revised Parks and Recreation Fees


Parks and Recreation proposed to increase Program, Activity Fees and Registration Fees (attached new fee schedule).  The last fee increase was done by Resolution # 09-13 dated February 3, 2009.


Staff recommends Council approve the resolution to increase Program Fees, Activity Fees, and Registration Fees.



H.                 COUNCIL COMMENTS


Item 21 -        Comments/Concerns from Council Members


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