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

                        October 22, 2013


Date:               October 16, 2013





Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call




Item 4 -           Local Business Spotlight


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


Item 5 -           Report from KemperSports 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 6 -           Youth Board Appointment

Marina Avellino has submitted an application to serve on the Youth Advisory Board.

Ms. Avellino is a Junior at Atlantic High School. Her application is attached.

Staff recommends appointing Marina Avellino to the Youth Advisory Board.

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




Item 7 -           Approval of Minutes


a.    September 24, 2013 – Regular City Council Meeting

b.    September 24, 2013 – Special 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 8 -           Project Manager’s Report


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


Item 9 -           Major Special Event Request – Christmas Tree Sales at Dunlawton Square Shopping Center located at 3813 Nova Road


Severt Brothers Tree Farm is requesting a special event permit for the sale of Christmas trees. The requested dates for the sale are November 26, 2013 through December 25, 2013 for a total of thirty (30) days. The event time will be from 9:00 a.m. until 11:00 p.m. daily. The sale is proposed for the parking lot area between Burger King and Dunkin Donuts. This is the first event requested for the Holub portion of the Dunlawton Square property for 2013.

Item 10 -        City Cost Participation Request for Publix Supermarket (3044 S. Atlantic Ave) at Daytona Beach Shores for Water System Improvements


The developer and engineering team for Publix Supermarket have been working diligently with Public Utilities staff to improve the water distribution system within the vicinity of South Atlantic Ave, Bellemead Drive and Ocean West Blvd.  Publix Supermarket is proposing to upsize the existing 6” water main to an 8” water main on Ocean West Blvd. and construct a new 8” water main from Bellemead Drive to the Publix Supermarket as this is required to meet minimum fire protection code. 


In the past year, Daytona Beach Shores Fire Commander has informed the City he has some concerns regarding water flow for fire protection to the high rise condominiums along South Atlantic Ave.  Therefore, City staff is requesting Publix developer to upsize the proposed 8” water main to a 10” water main and to extend and connect the 10” water main to the existing 6” water main on South Atlantic Ave to reinforce and improve the water distribution and fire protection system along South Atlantic Ave.  This water system upsizing and extension is specifically outlined as being eligible for City Cost Participation under the Chapter 11 Section 6 of the Land Development Code.


Public Utilities staff has evaluated the Publix engineer cost estimate and found the estimate is fair and in line with current industry pricing within our area.  Staff is recommending approval of this City Cost Participation request in the amount $38,875.00.  Funds are currently budgeted and available in the CIP City Cost Participation project account.


Project No.: UCP001                       Funding Account No.: 405-0800-533-6397                  


Item 11 -        Waive normal bidding procedures and to piggyback the State of Florida Contract #490-000-12-ACS with Fisher Scientific Company, LLC to purchase laboratory, safety supplies, and equipment for the Public Utilities Lab Operations


Items purchased through Fisher Scientific are used to perform analysis keeping the Water and Wastewater plants in regulatory compliance.


Item 12 -        New Sensus Flexnet M400 Base Station to be installed at Fire Station 75


With the current system, 300+ meters are not able to be read by Flexnet, which results in a time consuming manual read.  These meters are in the future growth area west of I-95.  This number will only continue to grow as new homes are added to the network.  With the addition of the third tower, the City will have overlapping coverage that will provide redundancy for the whole network.


Sensus shall deliver (1) Sensus Flexnet M400 Base Station to HD Supply Waterworks, Ltd at no cost.  Upon delivery of said unit the City agrees to fully discharge the amount owed by Sensus in the amount of $30,000.


Item 13 -        SunGard HTE Annual Software & Technical Support Maintenance Agreement


SunGard Public Sector is the City’s sole source provider of the City’s HTE software system.  In order to fully integrate the new Sensus LOGIC software system for utility meter reading with the City’s HTE customer service/billing system, the City’s existing HTE software needs to be modified.  The attached quote is for the professional services required from SunGard Public Sector to write the programming necessary for this purpose.     Public Utilities/Meter Reading Staff has been coordinating closely with the City’s IT Staff and Finance/Customer Service Staff on the Sensus LOGIC Software acquisition.  This is one of the items identified by the City’s internal team as necessary for successful implementation.


This request is proposed for funding from FY2013 carryover to FY2014 and is contingent upon the carryover budget approval.


Project No.:  ZMI0044                 Funding Account No.: 421-0500-536-6415         


Item 14 -        RFP #13-26 Water, Wastewater, Reclaimed Water Rate Study


On October 8, 2013, the City Council conducted a review and evaluation of Firms to provide a rate study for the City’s water, wastewater and reclaimed water.


The City Council selected Public Resources Management Group, Inc. to provide these services.  Staff recommends approval of the attached contract with Public Resources Management Group, Inc. for the services outlined in RFP# 13-26 for Water, Wastewater, and Reclaimed Water Rate Study at a not to exceed cost of $22,950. 


Item 15 -        Piggyback Agreement with Brown and Brown of Florida, Inc. for Agent of Record Services for Employee Benefit Programs


The City is currently handling routine risk management functions through current staff in the Administrative Services Department; however, there are certain areas where outside assistance and expertise would be beneficial.  The City would like to competitively bid medical and dental insurance during the upcoming year and has established an employee wellness and insurance committee to assist in soliciting additional employee input.  The attached piggyback agreement with Brown & Brown provides professional agent of record services for employee benefit programs in the annual amount of $60,000.  They will assist in developing the plan design(s); marketing; analyzing rate structures, claims experience and programs; and negotiating the lines of coverage.  They will assist with open enrollment, employee meetings and materials as well as billing, eligibility, compliance and claims issues.  Brown & Brown will conduct a compliance audit including but not limited to HIPAA, COBRA and Healthcare Reform and will assist with the City’s wellness program.  All services will be covered by a flat fee paid in quarterly installments.  Brown & Brown is not permitted to receive any additional compensation, including commissions, from work performed as part of this agreement.  The term of the contract is for three years with two optional two-year extensions.


F.    FINANCE – (Wayne Saunders)


Item 16 -        Audit Recommendations Update


Finance will provide a progress update on Forensic and External Audit recommendations.


G.   PARKS & RECREATION (Susan Lovallo)


Item 17 -        Baseball field Renovation at Spruce Creek Park


The bids have been opened and the project is over budget.  Staff is asking council for direction on the project.


Option one would be to find funding in the current budget and proceed as planned.

Option two would be to delay the project and seek match funding from Volusia ECHO which would award in the spring of 2014, bids would go out in May 2014, award in June, start construction in July and be ready for Spring 2015.


Current budget for the project is $260,000.  The bid tab is attached for your review.


Project No.:    QPC 050                                Funding Account No.:                  


H.   PUBLIC UTILITIES (Jason Yarborough)


Item 18 -        Fluoridation of Public Drinking Water


City Council has requested a policy discussion regarding the use of Fluoride in Port Orange Drinking water. The City has fluoridated the public drinking water since 1982. The City Council approved a construction project to rehabilitate the current fluoride treatment system at the City’s water treatment plant for $51,382 on June 25, 2013 of which $30,000 is grant funded.


I.      CITY ATTORNEY (Margaret Roberts)


Item 19 -        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 20 -        Office of the State Attorney’s Authorization


The City of Port Orange currently does not pursue jail time for city ordinance violations. However, if a defendant fails to appear at arraignment, a capias is issued and a subsequent arrest based on the failure to appear may occur. Thus, first appearance is held at the jailhaouse for some defendants without the City having notice or an opportunity to attend.


The authorization will allow the State Attorney’s Office to attend first appearances on behalf of the City of Port Orange at no cost to the City until an interlocal agreement can be entered into between the State Attorney’s Office and the City of Port Orange. Only a small percentage of defendants in ordinance violation cases are arrested on capias for failure to appear.


J.    ADMINISTRATION (Greg Kisela)


Item 21 – Proposed Scope for Riverwalk Park and Boardwalk Design/Engineering


On September 23, 2013, the City Council and Community Redevelopment Agency for Port Orange Town Center directed staff to proceed with the Riverwalk Timeline/Action Steps proposal presented by the City Manager.  One of the first steps calls for the City & CRA to secure design/engineering services for the Riverwalk Park and Boardwalk.  This must be done through a Request for Statement of Qualifications (RFSQ) process, whereby firms submit their qualifications and are ranked based upon those qualifications.  After firms are ranked, a contract is negotiated with the top ranked firm.  The Riverwalk Park is envisioned to be designed and constructed in three phases, with the first phase being ready for construction by September 2014.   To hold to the timeline, the City Council and Town Center CRA must enter into a contract with a Design/Engineering Consultant no later than January 2014. 


At the request of the City Council and CRA, the proposed Scope is being presented prior to finalization and release of the RFSQ.   All modifications desired by the City Council and Town Center CRA will be incorporated into the final RFSQ prior to issuance on October 25, 2013.  Respondents will be shortlisted by staff, and the City Council and Town Center CRA will hear consultant presentations at a Special Meeting of the City Council and Town Center CRA on December 10, 2013.  Upon conclusion of the presentations, the City Council and CRA will rank firms and contract negotiations may proceed.


Project No.:    AIO004          


Staff recommends approving the proposed Scope for the Riverwalk Park and Boardwalk Design/Engineering RFSQ, inclusive of the modifications desired by the City Council and Town Center CRA, and authorizing staff to finalize and issue the RFSQ for these services.


Item 22 -        Discussion on Bus Benches


Please see attached information.


Item 23 -        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 about ongoing city activities.




Item 24 -        Comments/Concerns from Council Members


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


Item 25 -        City Council Committee Reports


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