To:                   Mayor Allen Green

                        Vice Mayor Dennis Kennedy

                        Council Member Bob Ford

                        Council Member Donald Burnette

                        Council Member Robert Pohlmann


From:              Kenneth W. Parker, City Manager


Subject:          Agenda Commentary for Regular City Council Meeting of

                         January 25, 2011


Date:               January 20, 2011



A.           OPENING


Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call




Item 4 -           City Council Recognition – Atlantic High School ’s Bowling Team is State Champions


The City Council will honor the Atlantic High School Bowling Team as State Champions. 


Item 5 -           City Council Recognition – Tonya Saylor, 2010 State of Florida Public Fire & Life Educator of the Year


On Thursday, January 20, 2011, Tonya Saylor was honored as the State of Florida’s Public Fire and Life Educator of the Year.  Ms. Saylor has introduced several programs that have become model programs for the State of Florida.  Working with Atlantic High School, Ms. Saylor developed a program whereby students from Atlantic High School were involved in presenting Fire Education Programs in all of the elementary schools in Port Orange.  This is just one of many innovative programs developed for the Public Education Program.





Item 6 -           Report from KemperSports Management


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




Item 7 -           Board Appointments and Interviews


a.    Construction Regulation Board (3 terms to expire on 2/15/13)

b.    Parks & Recreation Advisory Board (2 terms to expire 2/15/13 and 2/15/14~resignation as of 12/13/10)

c.    Library Advisory Board (2 terms to expire on 2/15/14)

d.    Youth Advisory Board


F.            CITIZEN PARTICIPATION (Non Agenda – 15 minutes)



Item 8 -           Project Managers’ Report


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


Item 9 -           Award of Contract for Construction of a Traffic Signal at Devon Street and Taylor Road


This signal is a LAP (Local Area Projects) project that is funded on a 75% FDOT, 25% City cost share arrangement.  The low bid price was below the Engineer’s estimated cost of $230,000 and the second bid price of $198,645.88.  There was one addendum to the contract that identified the shade of black required for the mast arm and clarified the general liability limits.  The low bidder acknowledged Addendum 1 in the bid as required in Section 00300-4 and separately by submission of an initialed copy of the Addendum.  There is no question whether the bidder received and submitted their bid based on the bid documents, including addendum 1.  The irregularity occurred when the low bidder failed to circle the Addendum 1 as required on page 00480-1, the anti-collusion statement.  It is staff’s recommendation that the low bid of Traffic Control Devices be accepted and any irregularities in the bid documents waived


Funding #312-4300-541-81-10                             Project # IMIOO4


Attached is the bid for the Traffic Signal at the intersection of Devon and Taylor Road.  One of the bidders did not acknowledge the addendum and therefore was deemed to non-responsive.  Therefore, it is recommended that the bid be awarded to Traffic Control Devices, Inc. in the amount of $174,996.00.  The City has secured the funds for this signal through the Transportation Planning Organization. 


H.           FINANCE

Item 10 -        Monthly Financial Report


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


I.              PUBLIC WORKS (Warren Pike)

Item 11 -        Discussion of Landscape Contract


Staff has been reviewing the landscape contract which is due to expire March 31, 2011.


Some items we are in need of direction pertain to whether the City wants to continue to maintain the County areas within the City without being reimbursed by the County.  These areas are Spruce Creek Road, Clyde Morris Blvd., Taylor Road, Commonwealth Blvd., and part of Madeline Avenue.  The savings is about $14,734.00.


Staff has also been working on several methods to reduce costs as to eliminating mulching and weeding as well as removing tree pruning from the contract.  We are considering reducing the mow frequencies where possible without jeopardizing appearance and we are looking into some turf replacement as to the type of grass in order to reduce the need for chemical spray treatments and mow frequency. 


We propose to reduce mow frequencies as follows: reduce park areas to 32 mows per year (previously 36) and reduce medians to 24 mows per year (previously 39).  Retention ponds will remain at 24 mows per year and right-of-ways will remain at 18 mows per year.  Staff feels these changes will lead to a substantial savings in our landscape maintenance contract costs


Contract will be placed out for bids and staff wishes Council direction and/or opinion on proposed changes.


This item is for discussion only.


City Manager Comments: Please look at the level of service that is discussed.  Warren is suggesting changes in frequency of mowing.  Our major thoroughfares set the tone for the remainder of the City.  When the City allows our property to not meet City adopted standards it sends messages to other property owners.  The County does not mow its rights of way on the same frequency as the City.  Two years ago, the City dropped Clyde Morris Boulevard.  The grass along Clyde Morris looked extremely bad and complaints started coming in.  To date the City has continued to mow grass on Taylor Road, Spruce Creek Road and along parts of Madeline Avenue.  Although we are cutting back, there are high profile areas that need to be the City’s focus. 



J.            HUMAN RESOURCES (Rob Zicker)


Item 12 -        Police Benevolent Association (PBA) Sick & Annual Leave Exchange for Pay Memorandum of Understanding (MOU)


In an effort to address the current budgetary concerns, on   the PBA approved an MOU with the City that temporarily revises Articles 17 and 21 of the PBA collective bargaining agreement forgoing Sick and Annual Leave Exchange for Pay for fiscal year 2010-2011.  This MOU also includes a provision that Sick and Annual Leave accumulated above the respective maximum levels will be forfeited by the employee for fiscal year 2010-2011.


Similar MOUs have been agreed to by the PBA Lts., and PEA bargaining units and Civil Service Employees.


Staff recommends approving the Sick and Annual Leave Exchange for Pay MOU with the PBA.


Item 13 -        Memorandum of Understanding between the IAFF Commander Unit and the City of Port Orange


This is a memorandum of understanding between the City of Port Orange and the IAFF Commander Unit.  The Commanders have agreed to forgo payment for annual hours above 320 and not cash in sick leave hours for the fiscal year beginning October 1, 2010 and ending September 30, 2011.  For the fiscal year that starts on October 1, 2011, the Commanders would have the ability to cash in annual hours above 320 and sick leave unless mutually agreed to by both parties.  The Council has approved the same memorandum of understanding for our PEA employees and PBA Lieutenants.  The same conditions also apply to our Civil Service covered employees


Staff recommends staff approve the Memorandum of Understanding between the IAFF Commander Unit and the City of Port Orange.


Item 14 -        First Reading – Ordinance No. 2011-2 – Benefits Revision for Police Pension Ordinance


The City and the PBA have negotiated and ratified a 2009-2010 collective bargaining agreement.  This collective bargaining agreement requires changes to the police pension ordinance with regards to pension benefits and member contributions.


Staff recommends approval of Ordinance No. 2011-2 amending Chapter 54-122, which revises the current pension benefits and member contributions in accordance with the 2009-2012 PBA collective bargaining agreement.



Item 15 -        Discussion of Regional Fire Services


City Council Members Bob Pohlmann and Don Burnette have asked that we discuss a Regional Fire Service before meeting with other Cities located in Southeast Volusia area.  Last year, the southeast Volusia Cities met.  The subject was discussed but no consensus was reached by the governing bodies that attended.  Therefore, we continue to operate and function across City boundaries but continue to maintain the same organizational structure.  I have attached a memorandum for your review.


Item 16-         Discussion of Public Safety Department


Some weeks ago, I broached the subject of combining the administrative components of Police and Fire into a Public Safety Department.  The savings that could be achieved in such a combination is approximately $177,000 annually.  Because of some retirements, the City has an excellent opportunity to consider bringing both Police and Fire under one single Department Head for administrative purposes.  The City is not considering the Public Safety Officer program.  In the PSO program an officer is certified to be a both a police officer and firefighter.  The closest department that operates as a combined department is Daytona Beach Shores.  I think it is better for the city of Port Orange to operate in our current manner rather than having dual certified officers.  Our community is different from the Shores.  Our call volumes for both Police and Fire are different from theirs.  Having an operational component for Police and for Fire makes operational sense for the City of Port Orange.  However, it makes sense to consider a Public Safety Department to handle the administrative operations for Police and Fire.  I have not included any additional materials in the City Council packet at this time.  Before I spend time developing an Administrative Code proposal for your review, I have one question: does the City Council want me to develop an administrative code option for the City Council to consider?  If the City Council desires for me to develop a detailed administrative code option, I will bring it back to the Council at your February 15th Agenda for your consideration.  In my opinion, it has merit and has the potential of saving the City money in the upcoming budget year by reducing authorized strength by two positions (Fire Chief and a clerical assistant). 



Item 17           Comments/Concerns from Council Members


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


Item 18 -        City Council Committee Reports


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