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

                        July 19, 2011


Date:               7/13/2011





Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call




Item 4 -           Board Appointments


a.    Charter Review Board


            An appointment to the Charter Review Board needs to be made.

b.    Volusia Transportation Planning Organization (Bicycle Pedestrian Advisory Committee) 


An appointment to the Volusia Transportation Planning Organization-Bicycle Pedestrian Advisory Committee needs to be made.






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




Item 5 –          Approval of Minutes


a.    June 28, 2011 – Special City Council Meeting (Budget workshop)

b.    June 28, 2011 – Regular City Council Meeting


Attached are the City Council meetings held on Tuesday, June 28, 2011.  Should you have questions, please feel free to contact Robin or me.

Item 6 -           Project Status Report


Attached is the update on construction projects from Quentin L. Hampton Associates, Inc.  Staff recommends acceptance of the report.


Item 7 –          Staff Reports – Building Activity Report and Monthly Development Activity Report for May and June, 2011


Attached are the monthly reports from the Community Development Department.  Should you have questions, please feel free to contact Wayne Clark or me.


Item 8 –          Waive Formal Bid Procedures for Perennial Grass


Staff was requested to make improvements to medians leading to City Hall and medians along Dunlawton before July 4th in order to have these areas presentable before the holiday activities.  Due to the close deadline, staff requests approval to waive formal bid procedures and have McMaster Grassing install perennial peanut on six medians (over 18,000 square feet) for a total cost not to exceed $39,947.27.  Staff has worked with McMaster Grassing in the past and we are confident in their ability to supply the quantity needed and supply a quality product.  Funds are available in Account #00143005415217.


Staff recommends approval to waive formal bid procedures and have McMaster Grassing install perennial peanut on six medians for a total cost not to exceed $39,947.27.


Item 9 –          Victims of Crime Act (VOGA) Grant


Earlier this year, the Police Department applied for funding under the Victims of Crime Act (VOCA) Grant program.  The department has been awarded $53,881.00 for the 2011/2012 funding cycle to assist victims of crime.  Because the grant program requires a match, the City’s share is $13,470.00.


Staff recommends Council accept the grant.


City Manager Comments:  The Victim Rights Advocate Program is included in the City’s Operating Budget.  However, the grant funding is not included as a revenue source for the upcoming year.  As a policy matter, the City does not anticipate grant funding when preparing its operating budget.  We only include money for which grant award letters have been received.  If the City Council accepts this grant, we will revise the revenue projections to reflect the grant being awarded and accepted.


Item 10 –       Extend Concrete Contract (Bid #09-15)


Council recently approved a two month extension, June and July, for the Concrete Sidewalks, Paths and Curbing contract with Sparks Concrete which expired May 31, 2011.  Staff again requests approval to extend the contract an additional two months, August and September, in order to allow time to bid and award new contract.  Vendor has agreed to extend under current pricing, terms and conditions.

Staff recommends approval to extend the existing concrete sidewalks, paths and curbing contract with Sparks Concrete an additional two months, August through September 30, 2011.


Item 11 –       Approval to Piggyback Bay County BOCC contract for Purchasing Cards


Currently, the City’s purchasing card program is with the Financial Institution awarded the State of Florida purchasing card program.  We have been with this program for many years however, because of spending thresholds, rebates have been nonexistent. 


SunTrust was awarded the City’s general banking services bid in October 2010.  SunTrust also offers procurement card services.  The rebates program of this service uses a consortium approach.  Purchases of the consortium members are combined to calculate the rebate thresholds, thereby providing rebates at a much lower gross expenditure level for individual members.  A listing of consortium members is shown on the attached Visa Commercial card agreement.


Staff recommends approval of piggybacking the Bay County BOCC bid and contract with SunTrust for providing the City’s purchasing card program.


Item 12 –       MetLife Dental Contract Proposal


Through a Request for Proposal and the negotiation process, the City and MetLife have reached a tentative agreement for the renewal of the Dental Insurance Plan for City employees for an October 1, 2011 effective date. 


This tentative agreement includes a graduated benefit on the DPPO plan up to a $2,500 maximum after three years of participation in the plan and terminating the existing DHMO plan for which we have very few enrollees.


We have secured an 8% percent rate decrease to the DPPO plan which means there is a cost savings to the City for the first year.  The maximum rate increase for the second year will not exceed 8% but will be determined by utilization of the plan and may indeed be less, still resulting in a cost savings to the City.


Staff recommends accepting the dental insurance proposal presented by MetLife for the period beginning October 1, 2011 through September 30, 2012.


Item 13 –       Amendment to the Interlocal Agreement for the Transfer of a 30% undivided interest in property to Volusia County


The property is located east of Interstate 95 and off Martin’s Dairy Road, and consists of  approximately 224 acres, and is generally referred to as a portion of the  Stanaki property as purchased by the City in 2007 with assistance from the Florida Community Trust.  To be eligible for additional acquisition grant funds from Volusia County’s Volusia Forever grant program, an interlocal agreement between the City and County for the transfer of an interest in the property is desired.

Staff recommends approval.

City Manager Comment:  This is the last step before the City will be reimbursed by Volusia County.  The County Council has approved the joint acquisition of this property.  This is the interlocal agreement that completes the transaction. 

Item 14 –       City Attorney’s Report


Attached is the City Attorney’s Report.  If you have questions, please contact either Margaret Roberts or me.




Item 15 –       Citizen Advisory Committee for TPO


Bobby Ball will attend to bring you up to date on the activities of the Citizen Advisory Committee for the Transportation Planning Organization.

H.   FINANCE (John Shelley)


Item 16 –       Resolution No. 11-30 – Budget Appropriations

Staff has completed an interim review of budget performance.  The provided resolution appropriates funds for various capital and operating projects.  Staff recommends approval of Resolution No. 11-30.






Item 17 –       Special Exception for an Off-site Parking Lot in the “RD” Zoning District-Brendan Galbreath, 4085 Ridgewood Avenue Case no. 11-70000002


The proposed off-site parking lot (4085 Ridgewood Ave.) is to provide additional parking for the Aunt Catfish’s Restaurant, located at 4009 Halifax Dr. The applicant intends for the off-site parking to be primarily used by employees of Aunt Catfish’s in order to make more spaces in the restaurant’s on-site parking lot available to patrons. The off-site parking will also reduce the need for patrons to park in the leased lot on the north side of Dunlawton Ave.


Recommended approval (6-0, Commissioner Jordan excused)

Staff recommends Council approve the request for a Special Exception for an off-site parking lot within the “RD” (Ridgewood Development) zoning district, as recommended by the Planning Commission, subject to approval by the City Attorney of a written agreement in compliance with Chapter 18, Section 3(b)(15)(c) of the Land Development Code.

J.    PARKS AND RECREATION (Susan Lovallo)


Item 18 –       Resolution No. 11-29- Piggybacking City of Ormond Beach’s Agreement with Sunshine State Officials Association, Inc. to provide youth and adult sports officials (umpires and referees) for the various athletic programs sponsored by the City of Port Orange


We currently hire part time personnel through our Human Resources Department for temporary, part-time sports officials. We are proposing to piggyback the City of Ormond Beach’s Agreement and Resolution No. 2011-36 with Sunshine State Officials Association, Inc. to provide youth and adult sports officials for the City’s various sports programs.  We are requesting the City to adopt a resolution for this proposal, and authorizing sole source waiver for Adult football; youth baseball, softball, and soccer.

Parks and Recreation Department is budgeted for this service. Account #001-5200-579-31-13.

Staff recommends Council approve Resolution No. 11-29 piggybacking City of Ormond Beach’s Agreement with Sunshine State Officials Association, Inc. for youth and adult sports officials for the City’s various sports programs and to adopt a Resolution for the City of Port Orange providing same.

K.   PUBLIC SAFETY (Jerry Monahan)


Item 19 –       Proposed Mandatory Spay or Neuter Ordinance


The proposed mandatory Spay or Neuter Ordinance is modeled after the Ordinance adopted by the City of Daytona Beach. The Ordinance provides for the mandatory spay or neuter of cats and dogs over the age of six months belonging to persons residing in the City of Port Orange, unless the animal is qualified for an unaltered animal permit. The ordinance sets out the qualifying conditions for an unaltered animal permit, requires micro-chipping as a condition of obtaining an unaltered animal permit, and provides for enforcement, exemptions, and penalties.


This item is for discussion only.


Item 20 - Crime Report – Moved to the July 26, 2011 Agenda


The Port Orange Police Department will present a report which details criminal activity in the last quarter.





Item 21 –       Comments/Concerns from Council Members


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