To:                   Mayor Allen Green

                        Vice Mayor Donald Burnette

                        Council Member Bob Ford

                        Council Member Drew Bastian

                        Council Member Dennis Kennedy


From:              Gregory A. Kisela, City Manager


Subject:          Agenda Commentary for Regular City Council Meeting of

                        June 4, 2013


Date:               May 30, 2013





Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call




Item 4 -           Planning Commission appointment – John Junco


John Junco’s term is expiring in September, 2013. He has agreed to continue serving on the Planning Commission. The new term is for two years and will expire on September 21, 2015. There have been no other applications received to date.

Staff recommends re-appointing John Junco to the Planning Commission.

Item 5 -           Youth Advisory Board appointment – Rachel Jimenez


Rachel Jimenez has submitted an application to serve on the Youth Advisory Board. Ms. Jimenez is a student at Spruce Creek High School. Her application is attached for review.

Staff recommends appointing Rachel Jimenez to the Youth Advisory Board.

Item 6 -           Parks & Recreation Advisory Board Quarterly Report


A member from the Parks & Recreation Advisory Board will be present to provide Council with an update.




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.

Item 8 -           Forensic Review Report

At this time Carr, Riggs, and Ingram will present their forensic review report.



Item 9 -           Community Garden – Rachel Jimenez


Ms. Jimenez has requested to address Council regarding a community garden.


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




Item 10 -        Approval of Minutes


a.    May 14, 2013 – Special City Council Meeting

b.    May 28, 2013  – Regular City Council Meeting


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


Item 11 -        Construction Activity Report


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


Item 12 -        Agreement with Terracon Consultants, Inc. for Fire Station 74 Remedial Action Plan


During the time frame between December 2006 and April 2007, three discharges of diesel fuel from the day tank located at Fire Station 74 occurred due to a malfunction of the relay switch.  Since that time, the City’s insurance company, Liberty International Underwriters, Inc. (Liberty) has authorized analysis, sampling, excavation, assessments, professional services and development of the remedial action plan (RAP).  Terracon Consultants, Inc. was approved and compensation by Liberty to complete the RAP and submit the report to the Volusia County Environmental Management Department as required for approval.


The Remedial Action Plan was approved by the FDEP on March 11, 2013 with the provision that the active remediation be implemented within 120 days.  Terracon’s scope of services to implement the Plan is attached along with the agreement.  The City will be responsible for initial compensation to Terracon and will provide documentation to Liberty for reimbursement.  Funds are available through the self-insurance fund for this purpose.  The remediation period is anticipated to take about one year.  Additionally, one year of post-remediation groundwater monitoring will be required.  The proposed remediation method is oxidation and bioremediation.  Injections points will be installed and slurry fluids will be pumped into the injection points during several day-long events conducted a month to three months apart.  There will be noise on the days the injection points are installed and chemicals are injected, otherwise no additional noise should be expected.  There may be some petroleum odors on the days of the injection events, which should dissipate.  After treatment, Terracon will be responsible for post remedial monitoring, reporting and ultimately site closure.


The cost to implement the remedial action plan is $147,500.  If additional treatments become necessary, it will be charged consistent with the rates provided under contingency events and brought back before City Council as required.  


Funding Account No.: 504-1000-519.45-20                  


Staff recommends approving the agreement with Terracon Consultants, Inc. in the amount of $147,500 for remediation of the fuel spill at Fire Station 74 in accordance with the approved Remedial Action Plan and authorizing the Mayor and City Clerk to execute all applicable documents, subject to written approval by VERTEX ENVIRONMENTAL INSURANCE SERVICES and LSI Corporation.


Item 13 -        Annual City Employees’ Dental Insurance Renewal


The City and MetLife have reached a tentative agreement for the renewal of the Dental Insurance Plans for City employees for a July 1, 2013 effective date. 


We have secured a 6.9% increase to the plan premium with a slight decrease in benefits to the out-of-network option only.  This is a result of extremely high utilization in the out-of-network option.  Decreasing the out-of-network benefit should drive employees to use MetLife’s expansive network of contracted dentists which will hopefully result in lower utilization costs in the future.


Staff recommends approving the renewal of City employees’ current Dental Insurance Plan with MetLife, subject to the City Manager’s and City Attorney’s approval of the contract.


G.   FINANCE (Wayne Saunders)


Item 14 -        Resolution No. 13-26 – Budget Appropriations – LAP Agreements


Projects PNC013, Turn Lane Dunlawton/Village Trail, and TIF001, Spruce Creek/Dunlawton Improvements are both completed and this budget resolution reduces the revenue and expense budgets accordingly to close the Local Agency Program (LAP) agreements out in the system. 


PNC013         LAP Agreement #42763215801    Turn Lane Dunlawton/Village Trail


TIF001            LAP Agreement #43017715801    Spruce Creek/Dunlawton Improvements


Staff recommends approval of Resolution No. 13-26.


Item 15 -        Resolution No. 13-27 – Budget Appropriations – Allen Green Center & Fire Stations 71 & 74 HVAC system replacements


City council approved the replacement of the A/C unit at the Allen Green Center in addition to the HVAC systems for Fire Stations 71 & 74.


The attached budget resolution provides for the recognition of the budget changes recommended to address the funding of the A/C construction and related costs. Staff recommends approval of the attached Resolution.  Please see the attachments for the specific detail.


Staff recommends approval of Resolution No. 13-27.


H.   PARKS & RECREATION (Susan Lovallo)


Item 16 -        High School Regulation Baseball Field


On May 21, 2013 the Port Orange Baseball Club appeared before the council requesting to make changes to the existing south field at Spruce Creek Road Park. Since that time the department has looked at three options and those options where presented to the Parks & Recreation Advisory Board on May 28, 2013. Option one is to renovate the north field at Spruce Creek Road Park to make a HS regulation field and renovate the south field for a U14 field.  Option two would be to renovate one of the fields at Coraci Park to make one regulation HS field, Option three would be to purchase the Summit golf range and build two new HS regulation fields and have an agreement with go cart city for parking restrooms and concessions. The Parks and Recreation Advisory Board as well as the Parks & Recreation Department recommend option one and believe if funding is available the project could be complete by the start of the 2014 spring season. Option two would disrupt the programming and economic engine of the complex and option three would be too costly and take too much time to complete.  The Parks & Recreation Advisory Board requested that the baseball Club provide what cost participation they would be comfortable with either monetary, in-kind labor or a combination of both to assist the City with cost savings.  Attached for your review are the layouts and engineers estimates for the renovation of Spruce Creek Road Park, the layout of the Coraci Park renovation, and the layout of the summit golf option.  The Baseball Club will be available to discuss their cost participation and contributions to the project.


I.      PUBLIC WORKS (Mary Anderson)


Item 17 -        Award Bid to D. G. Meyer, Inc. for HVAC System Replacements for Fire Stations 71 & 74


Early in 2013, City Staff from the Fire Department and Public Works met with a consultant to prepare the scope of work for replacing aging, failing air conditioning systems at Fire Station 71 and Fire Station 74. The two stations are very similar in design, with Fire Station 74 containing an additional vehicle bay.  In the course of inspecting the two station buildings to finalize the scope-of-work, it was found that the insulation and air barrier for Station 74 needed to be replaced, requiring the installation of a new drywall ceiling, new lighting fixtures and modified sprinkler system for the station.

On May, 2013, bids were opened from 3 responsive bidders.  D. G. Meyer was the lowest of the three bids with a cost of $53,500 for Station 71 and $102,995 (with $1,430 for a painting modification) for Station 74. The prices were deemed to be reasonable for the work to be performed and the Staff recommends the bid be awarded to D. G. Meyer, Inc.

Station 71 will remain in use during the course of the air conditioning replacement.  Due to additional complexity of work, Station 74 is anticipated to be closed for approximately 60 days while repairs and replacement work is underway. 


                        FIR009 (St. 71)                                                         00131005226400

Project No.:    FIR008 (St. 74)         Funding Account No.:       31710005196400    


Staff recommends awarding the Bid for Replacement Air Conditioners and Related Appurtenances for Fire Stations 71 & 74 to D. G. Meyer Company in an amount not to exceed $157,925 and authorizing the Mayor and City Clerk to execute all contracts.

J.    CITY ATTORNEY (Margaret Roberts)


Item 18 -        City Attorney’s Report


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 19 -        Addendum to Third Amendment and Restatement of Lease Agreement with Palmer College Foundation for HVAC System Replacement at Allen Green Center


In December 2012, the City Council approved Palmer College taking the lead on the HVAC replacement project at the Allen Green Center.  Palmer has utilized Al Lundstrom and Paul Estes for design and has contracted with Commercial Construction, Inc. (CCI) to oversee construction.  CCI bid the project and had responses from D.G. Meyer and Medic Air Systems. D.G. Meyer was the low bidder and Palmer will be direct purchasing the equipment from Trane.  The total cost for the project, including design, bonding, labor, materials and contingency is in the amount of $307,633. The City’s building maintenance and facilities staff have confirmed that the existing HVAC system has reached the end of its useful life and should be replaced with a new system sized correctly for its use as a commercial facility. They have reviewed the plans, bids and the line item costs and have found them to be fair and accurate for the work.  Should Palmer wish to request any upgrades to the base bid, it would be at their cost.


The City has leased the Allen Green Center to Palmer College since 2002 for use as their clinic and other related instructional needs.  The current lease runs from April 1, 2012 through March 31, 2020.  The current net annual rental fee paid to the City is $438,796.  As a condition of the lease, the City is responsible for the repair, replacement or restoration of the building components, which includes the HVAC system.  Palmer is responsible for the interior and exterior maintenance of all other items.


The initial recommendation to Council was for Palmer to receive a rental credit in the amount of the project costs over a multi-year period.  The City’s Finance Department has instead recommended that the City reimburse Palmer in full at the completion of the project utilizing fund equity available from collected rent.


Funding Account No.: 106-1000-572.64-00      


Staff recommends approving the Addendum to Third Amendment and Restatement of Lease Agreement with Palmer College Foundation, Inc. for HVAC System Replacement in an amount not to exceed $307,633 and authorizing the Mayor and City Clerk to execute the required documents.

Item 20 -        City Manager’s Report


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 21 -        Comments/Concerns from Council Members


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