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

                        July 17, 2012


Date:               July 10, 2012



There will be a budget workshop session at 5:30 p.m.  This will be the initial review of the Administrative Departments.  I will need some direction on what the City Council desires to place in the budget for the CM replacement.  I need direction related to the auto allowance or city provided vehicle.  I need direction related to cell phone or a cell phone allowance.  The funds would be placed in non-departmental rather than in the CM budget. 




Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call




·         Approval of Minutes – April 17, 2012

·         Discussion relating to the Acceptance of Donation of Real Property at 4455 Spruce Creek Road


Attached is a memorandum from Donna related to this item.  Does the CRA desire to accept this donation of land?  If so, we will bring back a resolution authorizing the acceptance of the property.


·         CRA Quarterly Update -3rd Quarter FY2011-2012

·         Proposed FY 2012-2013 Agency Budget


The CRA is required to review and recommend a budget to the City Council.  The budget is then incorporated into the overall City Budget.




·         Approval of Minutes – May 22, 2012

·         CRA Quarterly Update – 3rd Quarter FY 2011-2012

·         Proposed FY 2012-2013 Agency Budget


Annually, the CRA is required to review and recommend the budget to the City Council.  The budget will be incorporated into the overall City Budget.


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




Item 4-            Approval of Minutes

a.    June 26, 2012 – Regular City Council Meeting


Attached are the City Council meeting minutes recently held. Should you have questions, please feel free to contact Robin or me.


Item 5 -           Staff Reports – Building Activity Report and Monthly Development Activity Report for June, 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 6 -           Construction Activity Report


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


Item 7 -           Vehicle Equipment – Communications International Sole Source radios


The Police Department is requesting authorization for labor, equipment and supplies as stated on the listed quote from Communications International to remove, re-install and connect the police radios, radars and related emergency equipment for 14 replacement police department vehicles (10 patrol vehicles, 3 unmarked vehicles and 1 police motorcycle). This quote includes labor costs to remove, re-install and connect said communications equipment into the above replacement vehicles. The sole source quote from Communications International is $33,353.25 for all fourteen replacement vehicles. A copy of the quotation from Communications International is attached.

Funding Source:

Account #505-1000-580-6406 Machines and Equipment / Communications Equipment

Staff recommends approval of the sole source justification for labor, necessary equipment and supplies regarding the removal and re-installation of emergency vehicle communications equipment (radios, radar, antennas, emergency light and siren equipment, etc.) from Communications International on 14 replacement police vehicles.


City Manager Comments: Communications International is the authorized vendor to install the radios for the 800 MHz system.  Because of the integrated communications system they install all of the related emergency equipment.  Staff is requesting waiver of the bid procedure and authorize Communications International as the sole source for the installation of this equipment.


Item 8 -           Work Management System – SunGard HTE software


Currently The City maintains several databases for service requests, inventory and work order management. These include various Excel spreadsheets at Public Works Facility Operations, and several Access databases for specific areas in Public Works. These databases do not interface with each other which make it difficult to share information or provide financial analysis. Ideally a system is required that all departments be able to utilize one system and provide an interface with the existing HTE financial applications .A need has been identified for a solution that would provide total integration within the applications to include financial integration without duplicating entry to two systems . Working with one system will streamline operations, improve productivity and customer service and create efficiencies by reducing overhead of maintaining numerous databases. A comprehensive software system will provide accessible statistical information to help us recognize trends, predict activity, and identify variable costs to streamline operations. This solution will integrate with the existing financial systems as well as interface with the HTE Code Enforcement application. We have been using HTE as our financial/land-based application provider since 1990, which makes adding these applications to our existing IBM server an economical choice.


The HTE solution provides modules for Service Requests, Work Orders/Facility Management. Pricing includes all software licensing for unlimited users, training and project management .Using technology to sustain the city's work management will improve the operation of several departments. For Public Works, the new system will replace multiple independent spread sheets utilized for street, sewers, utilities, forestry, facilities, signs and electrical functions. The new system will provide integration of all data to reduce duplicate entries and improve tracking ability of work status, productivity and cost. Routine reporting capabilities are expected to improve overall management and communications both internally and externally. For CM’s offices this will make follow up information/status more readily available and will have the ability to generate service requests directly into the Work Order System therefore eliminating the need for duplicate entry. The City will have better access to report options. Overall the Work Order Management Software will increase customer service to our citizen's by further eliminating the chance of a request being overlooked.


Project No.:    ZMI1042        Funding Account No.: 505-1000-519-64-15


Staff recommends approval to purchase Sungard HTE Work Management Software applications in the amount of $43,500.00.


Item 9 -           HTE Contract Management System


The City’s expenditures have grown by 50% over the last ten years.  During the same period the City’s net assets have grown by 140%. Both the complexity and volume of purchase contracts and revenue contracts have increased significantly.  Currently the City’s contracts include State and Federal grants, purchasing contracts, interlocal agreements, etc.  The management of these contracts is handled in a decentralized method. Physical contracts are stored in the clerk’s office, financial transactions are stored on the general ledger system, and contract reporting is stored in departments.  Very often one contract type maybe provide terms that need to be included in other contracts.  For example federal grant contracts include specific purchasing guidelines that must be incorporated in the purchase contract with an outside vendor.  The current management oversight of City contracts is cumbersome and causes great potential for errors occurring.  In addition the current contract system does not provide an adequate documentation for audit purposes.


The Contract Management module form Sungard HTE will provide the City with a centralized contract management capability.  In addition, this software integrates with the City’s General ledger and other applicable software systems.   The Contract Management system provides strong administrative and accounting controls by tracking all individuals involved in negotiation, execution, changes, and completion of contracts.  In addition the General ledger integration allows for easy retrieval of amounts expended and received.    The Contract Management system has the capability of automatically notifying staff of key contract events such as expiration dates, renewal dates, milestones, and contract limits.


Staff requests that City Council authorize the Sungard HTE as a sole source for the purchase of the Contract Management module for a total cost of $37,792.50.  Fee includes training, installation, and project management. 


Project No.:    ZMI1042                                Funding Account No.: 505-1000-519-49-02


Item 10 -        Change Order #1 for Large Meter Replacement Contract with Mullins Underground Inc. – 5 Additional Large Water Meters


City field operations personnel have recently identified five additional large water meters on our City’s potable water system which require replacement at this time. Older large meters that do not function properly create a significant loss in revenue so this is a very wise investment in time and material.  New replacement meters, pipes, and fittings have been itemized and are in the process of being purchased directly thru the City warehouse facility for additional cost savings.

Quotes were solicited from four local utility contractors involved in this type of work and they were asked to review these five specific locations. Two quotes have been received to date, see attached. Mullins provided us with the low quote.  Our Field Operations Supervisor, Rick Wilson, has confirmed that their price quote is acceptable to the specific work involved. Under their existing contract, they have previously installed a total of five meters, in cooperation with City staff and our direct material purchases. Mullins Underground has continued to perform successfully and we are confident that they will complete this additional work in a timely manner. Since a contract currently exists with Mullins, an additional contract modification is appropriate at this time.  Staff requests your approval of change order #1 to the existing contract with Mullins Underground. With this proposed change order the revised total contract amount will be $39,449.  Funds are currently available in Project #MMM101.

Project No.: MMM 101                            Funding Account No.: 421-0800-533-6397

Staff recommends approval of Change Order #1 to the Mullins Underground Inc. contract for replacement of five additional large water meters in the amount of $13,390 and to authorize the Mayor and City Manager to sign all required contract documents. 


Item 11 -        External Audit Contract Extension with Brent Millikan & Company, PA


During 2010, the City entered into to three year contracts with Brent Millikan and Company, P.A. to provide external audit services to the City for three years (2009, 2010, 2011) with a potential two year extension that would include the fiscal years ending September 30, 2012 and 2013. Proposed fees for this contract extension were outlined in the original contract and listed above.


Please see the attached letter and related contract extension from Alex Kish, Audit Partner from Brent Millikan. During the past 3 years accounting and audit services provided have proceeded as expected and staff recommends the requested extension.


Staff recommends approval of the contract extension for external audit services with Brent Millikan & Company for the fiscal years ending September 30, 2012 and 2013 in the amounts of $54,000 and $56,000, respectively.


Item 12 -        Foreclosure Action Involving SHIP Mortgage


The City’s interest in the SHIP Mortgage is subject to foreclosure whether or not the City files a cross-claim in the foreclosure action.  The tax assessor’s property valuation is $74,676.00.  The first mortgage being foreclosed is $169,287.00, and the SHIP mortgage, as modified, is $6,559.83.  Based on the value of the property, the cost of filing the SHIP foreclosure exceeds the City’s possible recovery.  Staff recommends that the City not file for foreclosure of the SHIP Mortgage.


Item 13 -        Wrap Around Contract with Stewart’s Electric Motor Works for Electric Meter and Pump Repair


The City is currently utilizing the services of Stewart’s Electric Motor Works, Inc. (Stewart’s) for repairs of various motors and pumps at the water and reclaimed water treatment plants, as well as remote pumping facilities and lift stations through a bid competitively awarded by the City of Orlando (#BI09-2539-2). The contract is set to expire on July 28, 2012; however, the City of Orlando recently renewed it for a one-year term effective July 29, 2012 at the same prices, terms and conditions.

Stewart’s has agreed to perform the same services for the City of Port Orange and will honor all prices, terms and conditions.  The City of Port Orange will be named as an additional insured on Stewart’s certificate(s) of insurance.  The Public Utilities Department recommends approval of the attached wrap around agreement allowing the City of Port Orange to “piggyback” Orlando Bid #BI09-2539-2 awarded to Stewart’s Electric Motor Works, Inc. for the period of July 29, 2012 through July 28, 2013.

Project No.:    n/a                              Funding Account No.: 401-0600-536.46-10                 

Staff recommends approval of a wrap-around agreement for electric meter and pump repairs as established by contract through the City of Orlando and Stewart’s Electric Motor Works, Inc. through Bid #BI09-2539-2.

Item 14 -        Addendum #86 to Contract for Professional Engineering Services for Design, Construction Administration, and Inspections for City Center Skate Park Improvements under Contract with Quentin L. Hampton and Associates dated February 14, 1980


The skate park is a very heavily used facility and needs to be renovated.  For the City to continue with the renovations of this facility and competitively bid the construction, additional design services are needed to complete permitting, bid documents, and construction administration.  Brad Blais with Quentin L. Hampton and Associates has provided a fee estimate for these services. 

The City has $150,000 budgeted for the design and construction of the skate park renovations.  The design, construction administration, and inspections will not exceed $14,050.  Funds are available in QPC 041 Acct # 001 4400 572 6300.

If approved the City’s project manager will be Susan Lovallo, Parks & Recreation Director, the consulting engineers and construction administrators will be Quentin L. Hampton and Associates.  The construction will be competitively bid and brought back to council for approval. 

Staff recommends approval of Addendum #86 to the contract for Professional Engineering Services for Design, Construction Administration, and Inspections for the Skate Park Improvements and Renovations, and authorization for the Mayor and City Manager to execute the associated documents.


City Manager Comments: Before any modifications are done to the Skateboard Park, we will bring a report back to the City Council with a detailed discussion of what work is to be performed.


F.    FINANCE (John Shelley)


Item 15 -    Resolution No. 12-31 – Budget Appropriations for the Issuance and Refunding of Water/Sewer Debt


Budget Appropriations for the Issuance of the 2012 Water/Sewer Refunding Revenue Bond to PNC Bank and using the related debt proceeds to partially refund the 2003 Water/Sewer Refunding Revenue Bonds, pay interest expense and associated issuance costs.

Staff recommends approval of Resolution No. 12 – 31.

City Manager Comments: On July 30, 2012, the City will be closing on the refunding bond issue.  This appropriates the bond proceeds.


Item 16 -        Second Reading – Ordinance No. 2012-8 – Small-Scale Future Land Use Amendment/Summit Golf Center/Tim Peightal (Case No. 12-20000001)


At its March 22, 2012 meeting, the Planning Commission recommended approval, 6-0, of an amendment to the Future Land Use (FLU) Map of the City of Port Orange Comprehensive Plan. This map amendment is to change the FLU designation of approximately 9.9 acres, located at 4116 S. Nova Road, from Conservation to Warehouse/Industrial. The amendment is being processed pursuant to the November 2011 Settlement Agreement. If approved, the owner intends to rezone the property to a category consistent with the FLU.


Staff recommends adoption of Ordinance No. 2012-8 amending the Future Land Use Map of the City of Port Orange, as recommended by the Planning Commission, and pursuant to the November 2011 Settlement Agreement with Summit Golf Academy Inc. and Timothy G. Peightal.


City Manager Comments: The City Council agreed to a settlement in November 2011.  This is the Future Land Use change that was included as part of the settlement agreement.


Item 17-         First Reading – Ordinance No. 2012-15 – LDC Amendments/Social Services, Chapters 2, 17, and 18, Case no. 12-25000003 (Continued from June 26, 2012)


Planning Commission recommended approval (7-0).

Zoning and development regulations need to be updated occasionally to effectively address current conditions. Recently, the cities of Daytona Beach and Holly Hill have developed more specific definitions for various social service uses and new requirements to prevent clustering in a concentrated area and to limit potential negative impacts to surrounding residences and businesses.

The proposed amendments to the LDC are intended to clearly define the specific social service uses and include these uses as special exception uses with special requirements in the “GPU” (Government Public Use) zoning district. A definition for charitable organization offices is also being added. This use is currently listed as a permitted use in the GPU zoning district, but is not defined.

The proposed amendments are intended to prevent the accumulation of these uses in a concentrated area and limit potential negative impacts to surrounding residences and businesses. The intent of the proposed regulations is to ensure that the public health, safety and general welfare are protected. The proposed amendment does not prohibit these uses as accessory to a house of worship.

Staff recommends adoption of Ordinance No. 2012-15, amending Chapters 2, 17 and 18 of the Land Development Code (LDC), as recommended by the Planning Commission.         


City Manager Comments:  At the last City Council meeting, you requested that the City contact stakeholders before the City Council considered the Ordinance.  You continued the Ordinance consideration until July 17.  Staff has not discussed the proposed Ordinance with the stakeholders.  However, the City Council did want to see the language and review it as well.  I would suggest that the City Council review the Ordinance language and discuss any issues the City Council may have with the Ordinance.  I would suggest that the City Council not place the item on first reading but rather review and discuss the Ordinance.  The stakeholders may have suggestions that they would like the City Council to consider prior to adopting the Ordinance.  I would suggest the Ordinance be tabled while the staff is meeting with stakeholders.


Already Daytona Beach and Holly Hill have made revisions to their Ordinances in this area.  Our concern is the same as theirs, concentration.  We will be working with the stakeholder, including neighborhood leaders, as we receive input on this Ordinance.




Item 18 -        Discussion relating to Fire Service Fees


Council Member Ford asked that I prepare a report concerning Fire Service Fees.  Previous City Councils have discussed Fire Service Fees in the past.  Fire Service Fees is based upon a the cost of the service rather than funding based upon property value.   The report that was provided to you some weeks ago and is included in the packet outlines the concept and what the charge would be.  The report discusses how the fee collection method.  If the fee is to be collected as a non-ad valorem assessment, notice to the Property Appraiser would have to be given before the end of December.  If the fee is to be collected as part of the City’s utility bill, then an Ordinance would have to be drafted and adopted.  The fee would have to validated by a consultant to be sure that the fee is appropriate.  The estimated fee that is included in the report is based upon the work performed the last time the City Council considered the fee.  The fee validation report was done by Government Services Group, Tallahassee.


Item 19 -        Discussion relating to Combining Public Works and Public Utilities


Council Member Burnette asked that I report a report concerning merging Public Works and Public Utilities under one administrative department head.  If the Council decides authorize the administrative merger, I would bring the Administrative Code back to the City Council in August.  Although there are several models that can be used, the administrative merger is the one that probably works best now.  An administrative merger would simply bring the operational components under one single Department Head.  This what we did last year when we did an administrative merger of Public Safety.  There would be three operating sections, Engineering, Public Works and Public Utilities.  The County of Volusia is organized in this fashion as is the City of Deland.  Some time ago, the City of Daytona Beach divided the Public Utilities and Public Works operations into two separate departments. 




Item 20 -        Comments/Concerns from Council Members


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