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

                        January 28, 2014


Date:               January 23, 2014





Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call




Item 4 -           Comments/Concerns from Council Members


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




Item 5 -           Audit & Budget Advisory Board Report


Chairman Ted Noftall and other members will be in attendance to provide details of the Board’s recent meeting and answer any questions Council may have.


Item 6 -           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 7 -           Fire Pension Board Re-appointment – Jim Reardon


Jim Reardon’s term on the Fire Pension Board will expire on February 15, 2014. Mr. Reardon has agreed to continue serving. The new term will expire on February 15, 2016.




·         Request by E.V. LaCour, Managing Partner for Port Orange Riverwalk, LLP and Halifax River Partners, LLC for the Town Center CRA to authorize the City Manager to sign as the property owner on Development Applications related to the proposed Riverwalk Marina, Riverboat Restaurant, and Condominium and mixed-use project


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




Item 8 -           Approval of Minutes

a.    January 7, 2014 – 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 9 -           Project Manager’s Report


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


Item 10 -        Employee Assistance Program Services Agreement Amendment


In September 2012, the City entered into an Agreement with Aetna Behavioral Health, LLC, for the Employee Assistance Program (EAP).  At that time, both parties understood that the prior rate of $2.85 per eligible employee per month for basic EAP services would be increasing to $3.10 per month, for a three year period.   This is documented in the Council Agenda materials and the minutes of the October 2, 2012 Council meeting that show that the fees for EAP services would be increasing over $1,000 per year with the new contract.  While not included in the 2012 Council agenda packet, the attached renewal rate sheet received from Aetna in September 2012 also confirms this pricing.   


Aetna recently discovered that during the agreement finalization process, Aetna comingled a prior version of their contract with an updated version reflecting revisions requested by the City. This resulted in the former pricing structure inadvertently being included in the contract version approved by the City Council, which also included an outdated reference to a program called Aetna Legal Advantage.  Aetna has been billing the City the agreed upon rate of $3.10 per employee per month since September 1, 2012, and that is the amount that the City has been paying.   Legal Services have not changed.  The attached amendment provides the corrected fee schedule for this contract. 


Staff recommends approving the Amendment to Employee Assistance Program Services Agreement with Aetna Behavioral Health, LLC, as presented, and authorizing the Mayor and City Clerk to execute this document on behalf of the City.


Item 11 -        Waive formal bidding procedures and to approve Sole Source for a Standard Contract for Services with Alfa Laval Ashbrook Simon-Hartley, Inc.


To purchase Ashbrook equipment for the Wastewater Plant, which the Department has standardized on for use.  Ashbrook’s technology, equipment and replacement parts are proprietary or patented, and are specifically for our existing Ashbrook equipment. This includes bearing housings, rollers, steering and tension.  Ashbrook is the only manufacture with in our specific industry which is certified ISO900.


Funding Account No. 401 0600 536 5216


Staff recommends approving a Sole Source for a Standard Contract for Service with Alfa Laval Ashbrook Simon-Hartley Inc., not to exceed $50,000 and authorizing the Mayor and City Clerk to execute all required contract documents.


Item 12 -        Waive formal bidding procedures and to approve Sole Source for a Standard Contract for Services with Task Authorizations for Hach Company


To purchase various Hach brand instruments, which the Department has standardized on for use.  Hach Company is the sole source manufacturer and distributor of all Hach branded instrumentation. Contractor has requested a limit to its liability at three times the contract amount; Public Utilities has approved the term


Funding Account No. 401 operating funds $50,000


Project No.: SSP002                        Funding Account No. 403 0400 535 6397 $100,000


Staff recommends approving a Sole Source for a Standard Contract for Service with Task Authorizations with Hach Company not to exceed $150,000 and authorizing the Mayor and City Clerk to execute all required contract documents.


Item 13 -        Final Deductive Change Order for construction – Herbert Street Sidewalk (from Golden Gate Circle to Nova Road)


The sidewalk along the south right-of-way of Herbert Street has been successfully completed.  All work items have been inspected and approved and all the necessary project close-out documents have been received. 

Final quantities were measured and agreed to between the contractor, our inspector and engineering staff.  Final payment has been computed in accordance with the contractual unit prices and actual work performed.  The adjustment in the contract price is due to actual quantities installed versus contract quantities.  The final contract amount is $209,357.23.  Staff requests your approval of the Final Deductive Change Order in the amount of $27,127.20.


Project No.:    OMI008          Funding Account No.: 301-4300-541.63-97 & 301-4310-541.63-97


Staff recommends approving the Final Deductive Change Order in the amount of $27,127.20 for the Herbert Street Sidewalk – Southside project and authorizing the Mayor and City Clerk to execute all documents for this purpose.


Item 14 -        Get Fit Port Orange


Get Fit Port Orange will be a ten week fitness and weight loss challenge for children and adults.  Prizes will be awarded to top male and female adult and child as well as top team.  The individual adults and teams with the highest percentage of weight loss will win a cash prize and in the youth category the child with the highest percentage of increase in their score will win a non cash prize. An entry fee of $50.00 per adult and $40.00 per child will be charged.  All expenses associated with the program will be offset by entry fees and sponsor donations.  The program cap is 150 participants.  The event will kick off March 9, 2014.


Staff recommends approving the new program request, waiver, and fees for Get Fit Port Orange.


Item 15 -        Approve donating City Surplus property to Daytona State College and to waive the City’s surplus property and auction procedures


Staff recommends donating the West’s Florida Digest 2d books to Daytona State College for a silent auction to raise money for their Student Paralegal Association.  The books have no value to the City and the City Attorney’s Office has used electronic library services since 2000.

Item 16 -        Engagement of Special Legal Counsel for records preservation policy


John T. Conner, Esquire has extensive experience with public records and sunshine law matters and works with the City’s liability defense law firm, Dean Ringers Morgan and Lawton.  The City Manager and the City Attorney recommend the engagement of Attorney Conner to assist with the development of a policy for the preservation of public records of the City of Port Orange consistent with the requirements of law.


Staff recommends approving John T. Conner, Esquire of Dean, Ringers Morgan and Lawton, to assist the City with development of public records preservation policy at the hourly rate of $155.00, and as provided by written agreement.




Item 17 -        First Reading – Ordinance No. 2014-1 - Solid Waste Ordinance Revision


Please see the attached Ordinance that amends the previously adopted Solid Waste Collection and Disposal Ordinance, Chapter 56, section 29, to allow for a simplified rate structure that will combine garbage, recycling, yard waste, land fill, street sweeping, and miscellaneous costs into a single fee.   This is in direct response to the forensic audit comments regarding overly complex fee structures.  Also, Section 1:(d) that provided an exception for unoccupied trailer park and mobile home park units has been deleted as requested at the 1/21/14 Council meeting.  A revised rate resolution will accompany the second reading of this Ordinance.

Staff recommends approving Ordinance No. 2014-1.


I.      FINANCE (Wayne Saunders)


Item 18 -        Resolution No. 14-2 – Budget Appropriation Supplemental LAP Agreement Herbert Street Sidewalk


Supplemental Local Agency Program (LAP) agreement FPN 430228-1-58/68-01 for construction of the Herbert Street Sidewalk, south side, from Golden Gate Circle to Nova Road was approved by the City Council at the December 3, 2013 meeting and is ready to be budgeted.  The $37,123 of supplemental LAP funds will be budgeted in 301-4310-541-63-97 and project OMI008.


Project No.:    OMI008          Funding Account No.:          301-4310-541-63-97        


Staff recommends approval of Resolution No. 14-2.


Item 19 -        Finance Report


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




Item 20 -        Second Reading – Ordinance No. 2014-2 – Chapter 2 and 8 LDC Text Amendment/Floodplain Management Case No. 12-25000007


The proposed amendments repeal and replace Land Development Code (LDC), Chapter 8, Article III, which relates to the City’s existing floodplain management regulations and modifies Chapter 2 – Definitions to include terms defined in the Florida Building Code.  The amendments are being proposed in order to make the Land Development Code consistent with the State of Florida Model Floodplain Management Ordinance which was modified in 2012 to coordinate with the 2010 Florida Building Code.  The city’s existing floodplain management regulations, which only apply to properties located within a floodplain (map attached), are being maintained with these amendments.


The Florida Department of Emergency Management (DEM) has prepared a model floodplain ordinance that meets the National Flood Insurance Program (NFIP) requirements, which must be adopted by local communities prior to the effective date on the revised FEMA Flood Insurance Rate Maps (FIRM), which is February 19, 2014. This is required for continued participation in the NFIP.  Participation in the NFIP is based on an agreement between local communities and the federal government which states that if a community will adopt and enforce a floodplain management ordinance to reduce future flood risks to new construction in Special Flood Hazard Areas (SFHA), the federal government will make flood insurance available within the community as a financial protection against flood losses.


Environmental Advisory Board Action: recommended approval


Planning Commission Action: recommended approval


Staff recommends adopting Ordinance No. 2014-2, amending Chapters 2 and 8 of the Land Development Code (LDC), as recommended by the Environmental Advisory Board and Planning Commission.


K.   PUBLIC WORKS (Mary Anderson)


Item 21 -        Second Reading - Ordinance No. 2013-28 – Amendment to Ordinance No. 2013-18 for Non Exclusive Franchise for Roll-off containers (Bid No. 13-27)


Ordinance No. 2013-18, Granted Non-Exclusive Franchise Agreement for Roll-Off Containers (Bid #13-27), to Republic Services of Volusia County. Republic Services of Volusia County has opted not to accept the terms and conditions of Ordinance No. 2013-18. Staffs recommend amendment to Ordinance No. 2013-18 to remove Republic Services as a Non-Exclusive Franchise Roll-Off Container Provider.


Staff recommends approving Ordinance No. 2013-28.


L.    CITY ATTORNEY (Margaret Roberts)


Item 22 -        City Attorney 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.


M.   CITY MANAGER (Greg Kisela)


Item 23 -        City Manager 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 24 -        Council Committee Reports


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