To:                   Mayor Allen Green

                        Vice Mayor Bob Pohlmann

                        Council Member Bob Ford

                        Council Member Donald Burnette

                        Council Member Dennis Kennedy


From:              Kenneth W. Parker, City Manager


Subject:          Agenda Commentary for Regular City Council Meeting of

                        June 19, 2012


Date:               June 13, 2012


At 5:30 p.m., the Port Orange City Council will meet in the Shade in order to discuss on going labor negotiations.  The Meeting will be closed to the public and will be held in the conference room in the City Manager’s Office area. 




Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call




Item 4 -           West Volusia Runners, Volusia Coastal Runners – Stephanie Thomas-Rees

  Powerpoint presentation andother information provided


Stephanie Thomas-Rees has requested to speak to Council regarding their support for the Lighthouse Loop Half Marathon and 5k on October 28, 2012 to benefit Volusia County High School Athletics Association.


City Manager Comments:  the discussion has been about the City cost related to this event.  The request is to waive or reduce the cost.  Because the event will be held on Dunlawton Avenue, it requires more public safety presences and public works support.  The event will require an event permit from FDOT as well.  Staff does not have the ability to reduce or eliminate charges.  We have charged others the actual cost.


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




Item 5 -           Approval of Minutes 


a.    May 22, 2012 – Special City Council Meeting (Budget Workshop)

b.    May 22, 2012 – Regular City Council Meeting

c.    June 5, 2012 – Regular City Council Meeting


Item 6 -           Staff Reports – Building Activity Report and Monthly Development Activity Report for May, 2012


The attached staff reports include the Development Activity Report and the Building Activity Report.  These reports provide information on proposed development and projects under construction, commercial code enforcement activity, and monthly building permits and inspection updates.


Staff recommends that Council accept the staff reports (Building Activity Report and Monthly Development Activity Report).


Item 7 -           National Night Out


The Port Orange Police Department is requesting use of the City Center Circle from City Center Parkway to City Center Boulevard for a National Night Out Against Crime event to be held on August 7, 2012.  This is a national event to promote Police/Community partnership.  This event would be from 1:00 pm to 9:00 pm.

Staff recommends approval to use the City Center Circle for National Night Out Against Crime on August 7, 2012.       

City Manager Comments:  Normally, the City Council does not meet early that evening allowing the City Council Members to participate.  This has been a very successful event in Port Orange. 

Item 8 -           Voting Delegate for Florida League of Cities Conference


The Florida League of Cities asks that the City Council appoint a voting delegate for the annual Florida League of Cities Conference to be held in Hollywood, FL on August 23, 24, and 25, 2012.  Councilmember Burnette will be attending the Conference.  


City Manager Comments:  The Council needs to authorize Council Member Burnette to be the City’s voting delegate at the Florida League of Cities meeting.


Item 9 -           Pollution and Remediation Legal Liability Insurance


In order to provide the broadest financial protection for incidents arising from an environmental event involving pollution and remediation exposures, staff recommends the selection of the proposal provided by XL.  Because of the highly specialized risks associated with pollution liability, the proposals were solicited through the City’s pollution liability insurance broker, Brown & Brown of Florida, Inc.  Two insurance companies provided a response and six declined to quote coverage.  


Two insurance companies provided competitively priced programs: XL, the incumbent insurer, at $32,123.88 per year and Ironshore Speciality at $32,441.33 per year.


Staff recommends the selection of XL for the pollution liability insurance coverage for the policy term from June 21, 2012 through June 21, 2013, including the coverage for Federal TRIA (Terrorism Risk Insurance Act). The selection of XL will maintain continuity of pollution liability insurance program, and waiver of the bid procedures pursuant to Code of Ordinance, Section 2-267(c).


Additionally, both Siver Insurance Consultants, the City’s insurance consultant, and Brown & Brown of Florida, Inc., the City’s insurance broker, recommend the selection of XL. Further information can be obtained from Bob Newell, Risk Manager.


Approve the selection of the Indian Harbor Insurance Company (“XL”) to provide underground and above ground storage tank pollution liability plus fixed site pollution legal liability insurance coverage for the one year period from June 21, 2012 to June 21, 2013.

City Manager Comments: Because of the unique nature of Pollution Control insurance, the City has used the survey the market technique.  This is the same technique that the City has used since 2003. Brown and Brown acted as our agent of record for securing quotations for this type of insurance.  After they survey the market and receive indication from companies of their interest in providing quotations, Brown and Brown then secured quotations from all interested companies.  Brown and Brown identified six companies who provided this type of insurance. Of that group only two were interested in providing coverage to Port Orange. Because these are quotations not sealed bids, we ask our insurance consultant, Siver Insurance Consultants to review the quotations to determine whether the pricing is in line with the market as well as the coverage to be provided is appropriate.  


Indian Harbor Insurance Company has been the city’s provider of Pollution Liability Insurance coverage since 2006.


Item 10 -        Document Technologies Purchasing Threshold Variance


Document Technologies provides maintenance, repair and supplies for the copy machines at the Police Department and Public Utilities. In this fiscal year, the Police Department purchased two replacement copy machines from Document Technologies for $21,000. This amount plus the monthly maintenance charges have put this vendor close to the purchasing threshold of $25,000 for this fiscal year.


The Police Department and Public Utilities have open purchase orders with Document Technologies totaling $3,652.00 and anticipate using these funds for the remainder of the fiscal year which would put this vendor over the $25,000 purchasing threshold. Total expected annual expenditures $29,017.96


Staff recommends waiver of the purchasing threshold amount for Document Technologies relating to copier repairs/charges for the remainder of the fiscal year.


City Manager Comments: The company provides excellent service for copiers repairs/copy charges for the remainder of the fiscal year.  This is an excellent example where the purchasing threshold is not tripped by either Department but when combined together they trip the threshold.  I have instructed Tom to determine whether a single copier repair contract is needed for all copiers within the City rather than having several maintenance contracts. 


Item 11 -        Change Order No. 1 to Contract with Sieg & Ambachtsheer, Inc. for B-23 Canal Project


When the City dredged the B-23 Canal, obstructions in the canal along a portion of the Cedar Street right-of-way prohibited the dredging contractor from removing the spoil in that area.  The seawall contractor, Sieg & Ambachtsheer, Inc. has indicated that they are capable of removing the excess material at a cost of $8,000 which includes mobilization, dredging and disposal of approximately 120 cubic yards of material.  The removal of the material in this area would be consistent with the original dredging design template.


Project No.: DIP042                         Funding Account No.: 412-1800-541.63-97     


Staff recommends approval of Change Order No. 1 to the contract with Sieg & Ambachtsheer, Inc. in the amount of $8,000 for dredging and disposal.    


City Manager Comments: When the original dredging was being performed, there was a dock in this location.  The dock has been removed.  What is being requested is to remove the material at this area in order for the canal to be uniform.  The contract has the capability to dredge the spoil from this area.  If you have questions, please feel free to contact Shannon. She is the Project Manager.


Item 12 -        Deep Forest Homeowner’s Association


The City and the Deep Forest Homeowners Association (“HOA”) entered into a Neighborhood Investment Grant Agreement (“Agreement”) on August 18, 2004, for the placement of front entrance signs within the median on the City’s right-of-way on Tree Garden Drive, at the intersection of Nova Road and Tree Garden Drive.  The entrance signs were subsequently placed on the southwest and northwest corners of Tree Garden Drive and are not located within the City’s right-of-way.  Accordingly, the License Agreement entered into on August 18, 2004, is unnecessary since the entrance signs are not located within the City’s right-of-way.


Staff recommends authorizing the Mayor and City Manager to execute the First Amendment to Port Orange Neighborhood Investment Grant Agreement, the Memorandum of Amended Agreement and the Termination of License Agreement for Deep Forest Homeowners Association.


City Manager Comments:  Let me disclose that I live in Deep Forest.  My wife is one of the block captains.  Because I live in this neighborhood, I have not been involved in any discussions with any staff member related to this agenda item.  All questions related to this agenda item should be directed to Margaret Roberts, City Attorney.


Item 13 -        PFM Fifth Amendment to Investment Advisory Agreement


The City and our Investment Advisor (PFM Asset Management, LLC) entered into an Investment Advisory Agreement dated 5/1/08.   Advisory investment services began with PFM in June, 2001.  Based on our 2008 Agreement we are able to extend the Existing Agreement and renew it for an additional one-year period through July 1, 2013. 

Staff recommends approval of the attached Fifth Amendment to the Existing Investment Advisory Agreement for the additional one-year period through July 1, 2013.   All other provisions in the Existing Agreement shall remain in effect.

Please see the attached Fifth Amendment to the Investment Advisory Agreement for specifics.

City Manager Comments: The City has had a contract with PFM to provide investment advisory services for several years.  They are responsible for investing a portion of the City’s investment portfiolo.  They have done an excellent job.  We are recommending that the City Council authorize extending the contract with PFM for an additional year.  The City Council used the existing Volusia School District contract for investment services.


Item 14 -        Acceptance of settlement in the case of Susan F. Clark vs. City of Port Orange

As a result of injury sustained on April 19, 2007 relating to a trip and fall, the parties recommend a settlement and the release of all claims against the City for payment of $15,000.  Funding Account No.: 504 1000 519 4520             

Staff recommends Council authorize the settlement of the Susan F. Clark vs. City of Port Orange, Case No. 2010-33051CICI subject to receipt of a full and complete release of the City.



Item 15 -        Citizen Advisory Committee for TPO


A representative of the Citizen Advisory Committee for the TPO will make a report to Council at this time.


F.    FINANCE (John Shelley)


Item 16 -        Resolution No. 12-24 – Budget Appropriations - Budget Execution Review (BER)


The City Staff has completed a Budget Execution review of the Fiscal Year 2012 through March 2012. The attached budget resolution provides for the recognition of the budget changes recommended from this review.

Staff recommends approval.



Item 17 -        Second Reading – Ordinance No. 2012-9 – Code of Ordinances Repeal of Pain Management Clinic Moratorium, Case no. 12-25000001


At its February 23, 2012 meeting, the Planning Commission recommended approval, 5-0, of the administrative request to amend Chapter 18 of the Code of Ordinances to remove language pertaining to the expired moratoriums for pain management clinics.


Please see the attached staff report for more information.


Staff recommends adoption of Ordinance No. 2012-9, amending Chapter 18, Section 18-3 of the Code of Ordinances, as recommended by the Planning Commission. 


Item 18 -        Second Reading – Ordinance No. 2012-11 - Annexation/Copp, George Jay, 2165 and 2173 Tomoka Farms Road


A request for voluntary annexation of +/- 16 acres, together with the 50-ft. platted (unnamed) unpaved road abutting the southerly boundaries of the subject property and the adjacent parcel to the east annexed into the City of Port Orange by Ord. 2006-49.


The subject property consists of two parcels, each developed with a single-family home. The subject property is located within the limits of the Volusia County Tomoka Farms Village Local Area (TFVLA) Plan, which strives to maintain the rural character of the area. The TFVLA Plan requires the preservation of the existing land use densities currently designated on the Volusia County FLU Map. For consistency with the TFVLA Plan, the applicant intends to change the FLU designation of the subject property to City Rural Transition and to rezone the subject property to “A” (Agriculture - 1 unit/acre).


Staff recommends adoption of Ordinance No. 2012-11, annexing approximately 16 acres of land located at 2165 and 2173 Tomoka Farms Road.


Item 19 -        Second Reading – Ordinance No. 2012-13 – Land Development Code Pain Management Clinic Moratorium repeal


At its February 23, 2012 meeting, the Planning Commission recommended approval, 5-0, of the administrative request to amend Chapter 16 of the Land Development Code to remove language pertaining to the expired moratorium for pain management clinics.


Please see the attached staff report for more information.


Staff recommends adoption of Ordinance No. 2012-13, amending Chapter 16 of the Land Development Code (LDC), as recommended by the Planning Commission.


  1. ADMINISTRATION (Ken Parker)


Item 20 -        Bid Protest of RFP #12-11; Management Services at the Golf Club at Cypress Head- KemperSports Golf


KemperSports Management has appealed the City Manager's finding that a math error occurred on two of the rating sheets.  When the math error was corrected, it would not have changed the rankings based on total points.  However, it would have changed the rankings in the 1-5 method that was announced by the evaluation committee.  The City Council will need to resolve the protest first before authorizing the staff to negotiate with a company to manage golf course operations at Cypress Head. 


Should you have any questions, please feel free to contact Ken Parker.


Item 21 -        Evaluation Committee’s Ranking of Golf Course Proposals – RFP #12-11; Management Services at the Golf Club at Cypress Head


The ranking and evaluation committee ranked recommended KemperSports Management as number 1 and recommended staff be authorized to negotiate an agreement with the number 1 ranked firm. 


A bid protest was filed based upon a math error.  The rank order would not change if total points were used.  However, on the announced 1-5 method, the rank order would change.  Before the City Council can consider authorizing staff to negotiate, the Council will need to deal with the appeal of the City Manager's determination that the rank order based upon the 1-5 methodology would have been different if the math error had not occur.  Therefore, before action can be taken on this item, the City Council must address KemperSports Management’s Protest.  Based upon the determination by the City Council of the bid protest, then the City Council can authorize staff to negotiate a management contract for the Golf Course at Cypress Head. 


All of the materials related to the ranking and evaluation committee are attached as well as all the materials presented at the protest hearing.  Should you have questions, please feel free to contact Ken Parker.


City Manager Comments: The City Council acting as the ranking and evaluation committee interviewed the management firms.  Each member ranked the proposals and announced the rankings.  There were math errors on two of the members’ sheets.  Although in the total points awarded, it would not change the rank order to the proposals.  However, it would change the rank order of the proposers in the way they were announced publicly.  You have received a copy of the bid protest and its findings. 


The City Council has the following options:


1.            Uphold the Protest Hearing Officers findings and rank Billy Casper 1 using the 1-5 method of ranking.

2.            Use the total point method and rank Kemper as 1.

3.            Council rank all the proposals and determine which company is in the best interest of the City to contract with to manage the golf course at Cypress Head.  The City Council is not limited to the recommendation of the ranking and evaluation committee.  If the City Council is going to rank all proposals, I would encourage you to allow each company to make a brief presentation related to their proposal. 


The motion will not be to enter into contract but rather is authorization for staff to enter into negotiations with the management company.  The final contract would be presented to the City Council in July. 




Item 22 -        Comments/Concerns from Council Members


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




Item 23 -        Public Safety presentation

PD powerpoint

Fire powerpoint


At end of the meeting, Director Monahan will be presenting an initial look at the Public Safety budget for the upcoming fiscal year.