To:                   Mayor Allen Green

                        Vice Mayor Donald Burnette

                        Council Member Bob Ford

                        Council Member Drew Bastian

                        Council Member Dennis Kennedy


From:              Greg A. Kisela, Incoming City Manager


Subject:          Agenda Commentary for Regular City Council Meeting of

                        February 26, 2013


Date:               February 20, 2013





Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call




Item 4 -           Police Recognition Awards


The police department would like to present one Award of Merit and three Awards of Achievement.

Item 5 -           Fire Recognition – Chris Weir


Chris Weir is being recognized as the 2012 Florida Executive Fire Officer of the Year-Florida Fire Chiefs Association.


Item 6 -           Local Business Spotlight


The Port Orange/South Daytona Chamber of Commerce will spotlight a local business.


Item 7 -           Report from Kemper Sports Management regarding Cypress Head Golf Course


At this time, a representative of KemperSports will make a report to the Council regarding the activities of the golf course. James Moore and Company will also be present to discuss the audit report for the golf course with Council.




Item 8 -           General Employee’s Pension Board Annual Report


Dave Leonard will be present to provide Council with the annual report for the General Employee’s Pension Plan.




Item 9 -           Tree City USA presentation


Steve Edgar will present the City with the Tree City USA award.


E.   CITIZEN PARTICIPATION (Non-Agenda – 15 Minutes)




Item 10 -        Project Manager’s Report


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


Item 11 -        Use Agreement Port Orange Family Days Community Trust


Port Orange Family Days Trust produces the annual Family Days, Spring Fair and Movies under the Stars in the City Center complex.  The City has traditionally cosponsored these activities.  In addition the Trust has raised money for the construction of the Lakeside Center and storage room and currently has use of an office and the storage room.  This agreement would roll the two agreements into one agreement while providing a long term commitment for the use of City Facilities. The agreement also requires that the Trust provide liability insurance to the city.

Staff recommends approving the use agreement between Family Days Community Trust and the City of Port Orange for the continued use of the Lakeside Center and City Center in exchange for the production of community events.


Item 12 -        Dunlawton Drainage Improvements Project Easement to Florida Power & Light Company


The City and FDOT are parties to a JPA Agreement for the construction and continued maintenance of Dunlawton Drainage Improvements; the Project having been approved by Resolution 12-38 in August of 2012.  One of the components incidental to the project design is underground electric service to a transformer to be installed on city-owned land identified by Parcel ID# 6341-01-00-0050. This transformer will provide power service to the stormwater pumping station that will be backed up by an emergency generator power supply.  A service address of 544 Ruth Street has been assigned to this vacant property.

Staff recommends approving the perpetual underground utility easement as requested by Florida Power & Light Company, and to authorizing the Mayor and City Clerk to execute the easement document and such other documentation as may be necessary to impose the easement over city-owned land at 544 Ruth Street.


Item 13 -        Change Order #3 to the RJH Technical Services, Inc. for three Toshiba Variable Frequency Drives (VFD’s) at the Reclaimed Water Plant (RWP)


The City has a continuing services contract with RJH Technical Service Incorporated.  RJH is Toshiba’s exclusive authorized regional vendor utilized for installation, maintenance, and repair of Toshiba drive units and high service pump controls that ultimately control and maintain the operating pressures and the wet well levels at the RWP.

The three VFD’s have been in service at the RWP East Master Sewage Pumping station for over 8 years, and were budgeted for complete replacement in the approved FY13 CIP. 

Project No.  Telemetry MME003                Funding Account No.: 403-0401-535-6497

Staff recommends validation of Change Order No.3 to the existing contract with RJH Technical Services Inc. in the amount of $56,875 specifically for replacement of three Toshiba VFD pump drives and authorization for the Mayor and City Clerk to sign all required documents on behalf of the City.    

Item 14 -        Continued use of Premier Magnesia for Magnesium Hydroxide for the Reclaimed Water Plant (RWP)


On 9/25/12, City Council approved a wrap-around agreement between the City and Premier Magnesia, LLC in accordance with the terms of a contract agreement originally established with St. Johns County Bid No. 10-70.  Subsequently, the Reclaimed Water Plant (RWP) completed a pilot study with Premier Magnesia using their Magnesium Hydroxide Mg (OH) 2. The product was injected at the plant and at remote locations in the sanitary sewer transmission system.  The objective of the study was to increase the pH and alkalinity of raw sewage received at the RWP in order to comply with Florida Department of Environmental Protection (FDEP) pretreatment operating permit parameters. Magnesium Hydroxide was previously identified as the only non-hazardous environmentally-friendly alternative for increasing pH & alkalinity, because it reduces Hydrogen Sulfide gases that transform into sulfuric acid within sanitary sewer systems.  As a result, the pilot study showed improved capability to reliably meet FDEP pretreatment permit parameters. Therefore, staff recommends continuing the use of this product and request approval to obtain an additional 37,815 gallons at a total of $90,000 to finish out the fiscal year.  The contract price for the magnesium hydroxide is $2.38 per gallon. Funds are available in the plant’s FY13 chemical account.

Project No.:    N/A                             Funding Account No.: 401-0400-535-5219


Staff recommends authorizing an increased contract amount of $90,000 to the existing contract between the City of Port Orange and Premier Magnesia, LLC, for the continuing use of magnesium hydroxide for the Reclaimed Water Treatment Plant, and authorizing the Mayor and City Clerk to execute all necessary documents.


Item 15 -        Termination of Lease and Acceptance of Donation from Daytona Beach Electrical Joint Apprenticeship and Training Committee


Daytona Beach Electrical Joint Apprenticeship and Training Committee (DBEJATC) has leased property adjacent to Bushman Park (off of Commonwealth Blvd.) for its training programs since 2004.  The have operated out of a 2,300 square foot manufactured structure on site to provide an apprenticeship program for individuals wishing to become journeyman electricians.  They have satisfied the terms and conditions of the original lease and subsequent extension, by contributing $71,788 of in-kind electrical and maintenance services; $58,988 of which was for electrical improvements at Coraci Park. 

The lease is due to expire on October 2, 2014; however, DBEJATC has requested it be terminated early, effective March 1, 2013.  There is a requirement that the manufactured structure be removed from site by DBEJATC at the end of the lease.  Rather than remove the structure, they have offered to donate it to the City.  The facility has been inspected and found to be in good condition.  It is recommended that the City terminate the lease agreement and accept the building donation.

Staff recommends terminating the lease agreement with Daytona Beach Electrical Joint Apprenticeship and Training Committee effective March 1, 2013 and accepting a donation of their 2,300 square foot manufactured structure.

Item 16 -        Concurrency and Fair-Share Agreement & Public Improvements Agreement for the White Palm Apartments (F.K.A. Liv Apartments) Site Plan, Case no. 12-80000007


The White Palm Apartments property is located at 5400 S. Williamson Boulevard, on the west side of Williamson Boulevard, between Summer Trees Road and Villages of Royal Palm Boulevard.  The proposed Concurrency Fair-Share Agreement and Public Improvements Agreement have been prepared in conjunction with the site plan for the development of 306 multi-family apartment units on approximately 26.87 acres, and associated site and off-site improvements.

The traffic impact analysis completed by Lassiter Transportation Group, Inc., projects impacts to the Summer Trees Road extension upon completion of the development.  The $47,610.00 fair-share mitigation payment will go toward the cost of the Summer Trees Road improvement (see Exhibit A-2 of the agreement). The Public Improvements Agreement includes off-site utility, sidewalk and walk light improvements located within the Williams Boulevard right-of-way or easement. Both agreements have been executed by the property owner and are attached for review.

Staff recommends approving the Concurrency and Fair-Share Agreement and the Public Improvements Agreement for the White Palm Apartments Site Plan.


Item 17 -        Contract for Fireworks by Santore, Inc. for the Centennial Celebration


In the past years Fireworks By Santore, Inc. has successfully provided our annual 4th of July fireworks display.  Santore has offered to honor the same rate to their contract for the Centennial Celebration for a total amount of $15,000. Staff recommends approval of contract and waiver of the bidding process due to existing pricing and sponsorship by Fireworks by Santore, Inc.


The fireworks display is budgeted under the Centennial Celebration Account number 001 5121 572 3113.  The City has $15,000 budgeted for this activity. 


If approved the Parks and Recreation Department Director, Susan Lovallo, will be the contract administrator and will coordinate the event with Santore handling all requisitions and payments.


Project No.:                N/A                  Funding Account No.:       001 5121 572 3113 


Staff recommends approve waiving the bidding process due to existing pricing and sponsorship for Fireworks by Santore, Inc. and approval of the attached contract for $15,000 for the Centennial Celebration fireworks display. 


17a.    Award, Sale and Delivery of Excess Dirt to LIV Development, LLC




Item 18 -        Resolution No. 13-14 – Proposed Utility Easement Vacation – Lot 69, Sugar Forest – Phase III Subdivision, Case no. 13-35000002 (TABLED FEBRUARY 19, 2013


Staff has received an easement vacation application for a portion of a utility easement located on Lot 69 of the Sugar Forest – Phase III Subdivision development. The contractor, agent on behalf of the property owner, has made this request in connection with a proposed detached garage and driveway addition to be constructed in the easement.


Staff recommends approval.


H.   FINANCE (Wayne Saunders)


Item 19 -        Resolution No. 13-6 - Budget Appropriations


City council approved the acceptance of a 2013 Edward Byrne Memorial Justice Assistance Grant (JAG) for funding the purchase of an interactive white board and Entrust Advanced Authentication USB tokens.

City staff has also identified additional costs associated with the retirement of three fire lieutenants.

The attached budget resolution provides for the recognition of the budget changes recommended to address the items noted above. Staff recommends approval of the attached Resolution.  Please see the attachments for the specific detail.

Item 20 -        Resolution No. 13-8 – Bank Authorized signature changes – TD Bank

The attached budget resolution provides for the recognition of the required banking signature changes for the City’s bank accounts at TD Bank. Staff recommends approval of the attached Resolution.  Please see the attachments for the specific detail.

Staff recommends approval.

Item 21 -                    Resolution No. 13-9 – Bank Authorized signature changes – Suntrust Bank

The attached budget resolution provides for the recognition of the required banking signature changes for the City’s bank accounts at Suntrust. Staff recommends approval of the attached Resolution.  Please see the attachments for the specific detail.

Staff recommends approval.

Item 22 -        Finance Report


Attached is the Monthly Financial Report. If you have questions, please contact Stella Gurnee or me.


I.      CITY ATTORNEY (Margaret Roberts)


Item 23 -        First Reading - Ordinance No. 2013-3 – Amending Code of Ordinance Chapter 54 Personnel


Ordinance No. 2013-3 has been prepared consistent with the employment agreement for City Manager, Gregory Kisela.

Staff recommends approval.


Item 24 -        Resolution No. 13-7 – ICMA-RC City Manager 401(a) Retirement Plan


The attached Retirement Plan and Administrative Agreement have been prepared consistent with the employment agreement for City Manager, Gregory Kisela.

Staff recommends approval.


Item 25 -        City Attorney’s Comments


The City Council asked that the Agenda format include an agenda item that would allow the City Attorney to report and update City Council members.




Item 26 -        City Manager’s Comments


This has been placed on the agenda so that the City Manager can bring items to the City Council attention and to provide information to the City Council about ongoing city activities.




Item 27 -        Budget & Audit Committee Discussion


Councilman Ford asked that this item be placed on the agenda for further discussion.


Item 28 -        Comments/Concerns from Council Members


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


Item 29 -        City Council Committee Reports


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