To:                   Mayor Allen Green

                        Vice Mayor Mary Martin

                        Councilman Dennis Kennedy

                        Councilman Robert Pohlmann

                        Councilman George Steindoerfer


From:              Kenneth W. Parker, City Manager


Subject:          Agenda Commentary for Regular City Council Meeting of

September 4, 2007


Date:               August 28, 2007



A.                 OPENING


Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call



B.                 PUBLIC HEARING


Item 4 -           Discussion of Proposed Millage Rate for FY07/08


On Tuesday evening, the City Council will need to go through a public process of agreeing to the budget.  On Tuesday, August 28, 2007, the City Council in regular session indicated to staff to proceed forward with the budget as is.  The City Council did receive a memorandum from Joe Crum, Building Official, related to his concerns about the proposed reductions in the Building Special Revenue Fund.  He provided a spreadsheet of anticipated projects and their potential revenues.  As I indicated to the City Council, I have not included any of the large commercial projects.  If they do occur, then the City will have flexibility. 


Also, with the continued softness in the residential market, any commercial project may be the revenue offset that is needed to keep this budget in balance next year.  If additional revenues are generated, then those revenues would be used to offset future year cost.  I continue to be very conservative in my budgeting approach since there are several unknowns in the upcoming years. 


We will provide a guide since the City Council has to follow certain steps in budget adoption.


Item 5 -           Resolution No. 07-81 - Adopting the Tentative Millage Rate for FY 07/08


The attached resolution will approve the tentative millage rates for FY07/08.  Staff recommends approval.


Item 6 -           Resolution No. 07-82 - Adopting the Tentative Operating Budget for FY07/08


The attached resolution will approve the tentative operating budget for FY07/08.  Staff recommends approval.


Item 7 -           Resolution No. 07-83 - Adopting the Tentative Capital Budget for FY07/08


The attached resolution will approve the tentative Capital Budget for FY07/08.  Staff recommends approval.





Item 8 -           Presentation from Senator Evelyn Lynn and State Representative Joyce Cusack


Senator Lynn and Representative Cusack will be present on Tuesday evening to make a presentation to the Port Orange City Council.  The presentation is a grant award from the FDAP to be used in construction of the park on Coraci property.


Item 9 -           Special Recognition Award – Port Orange Police Department


On April 27, 2007, the Port Orange Police Department was reviewed by a team of independent assessors from the Commission on Accreditation for Law Enforcement Agencies.  The re-accreditation process, which occurs every three years, is a very thorough audit and inspection requiring strict adherence to 444 standards of excellence and best practices in law enforcement.  The Port Orange Police Department met the requirements and was granted National Accreditation of July 28, 2007. 


City Manager’s Comments:  Port Orange is one of a very select group of Police agencies who have received this distinction. 



D.                CITIZEN PARTICIPATION (Non-Agenda)

E.                 CONSENT AGENDA


Item 10 -        Approval of Minutes


Attached are the minutes of the following meetings:



Item 11 -        Update on Construction Projects


Attached is the report from Quentin L. Hampton Associates.  If you have questions, please contact any of the Project Managers, Mark Hampton, or me.


Item 12 -        Update on Recreational Facilities


Attached is the report from Parks and Recreation.  If you have questions, please contact Susan Lovallo or me.


Item 13 -        Road Construction Report


Attached is the Road Construction Report.  If you have questions, please contact either Warren Pike or me.


Item 14 -        Bid Award – Cooperative Purchase of Bulk Chemicals



The City of Port Orange has again, this year, joined several local municipalities in a cooperative bid for the purchase of bulk chemicals.  Bid tabulations are attached.  A comparison of bid prices versus current prices is as follows:


Chemical                                Current Price                         Bid Price (Vendor)



150 Lb. Cylinders                  $57.00/cyl.                             $58.05/cyl. (Brenntag Mid South)

Liquid CO2                            $140.00/ton                           $142.00/ton (Airgas Carbonic)

Bulk Quicklime                      $131.14/ton                           $135.44/ton (O-N Minerals)

Anionic Polymer                    $0.82/lb.                                 $310.50/drum (Polydyne)

Liquid Sulfur Dioxide            No Bid Requested

Hydrofluosilisic Acid             $330.00/ton                           $472.00/ton (Harcross)


Bulk Tank Delivery                $0.319/lb.                               $0.319/lb.

                                                                                                (Tanner Industries)*

150 Lb. Cylinders                  No Bid Requested

Sodium Hypochlorite            $0.714/gal. GWP                  $0.697/gal.

                                                                                                (Allied Universal)

                                                $0.714/gal. RWP                  $0.697/gal.

                                                                                                (Allied Universal)

Methanol                                $1.539/gal.                             $1.93/gal.

                                                                                                (Brenntag Mid South)                      

Aluminum Sulfate                  No bid solicited this year.                


Staff recommends award as listed above representing the most responsible, responsive bidder.

*The bid request for bulk Ammonia includes the cost of tank rental and was for three years.  We are now in the third year of that purchase agreement.


Item 15 -        F-550 Brush Truck Skid Load and Equipment


In last year’s budget, the City Council approved and acquired the body for a small attack truck.  The truck itself has arrived.  This is not the big truck that we order some months ago.  The tank is to be installed by 10-8 Equipment Company.  The price for the tank and installation of the tank is $39,066.70.  This piece of equipment is fire impact fee eligible.  This equipment was anticipated when the City put together the impact fee.  40% of the truck and equipment will be paid for out of the impact fee.  This vehicle is in the fleet finance fund and is included in the budget.  We will pay 40% of the cost from the impact fee fund. 


Item 16 -        Approve a Repetitive Flood Claim (RFC) Grant from FEMA and the Florida Division of Emergency Management for the Purchase of Homes in the Cambridge Basin Area and Approval of Real Property Contract Template for the City to Purchase the Homes


The City of Port Orange has received a Repetitive Flood Claim Grant from FEMA and the Florida Division of Emergency Management.  This will allow us to acquire 4 additional homes in this area.  This is a 100% grant.  The City does not have to match this grant with City Funds.  I recommend the City accept this grant and authorize the Mayor and City Manager to execute all documents necessary to accept the grant.


City Manager’s Comments:  Let me commend John Carleton, Kent Donahue, and Veera Karri for the excellent job they have done in securing these grants.  This is the second Repetitive Flood Claim Grant they have been able to secure for the City of Port Orange.  This is in addition to the Hazard Mitigation Grant.  In total, the City has been able to secure more than $7 million in grant funds to assist in acquiring homes in the Cambridge area. 


Item 17 -        2007 Flu/Pneumonia Shot Bid Award


Enclosed is the bid award for the 2007 Flu and Pneumonia Shots.  I am recommending the City award the contract to Sanofi-Pasteur in the amount of $108,560.00 for Flu Serum and $11,438.40 for Pneumonia vaccine.


Item 18 -        Award of Early Site Work for Fire Station No. 75


The bid for the early site work for Fire Station No. 75 received four responses.  The lowest responsive bid was received from E-Scape Inc. in the amount of $94,524.  E-Scape Inc. was also awarded the early site work bid for Fire Station No. 72.  Staff recommends that Council award the bid for the Early Site Work to E-Scape Inc. for their bid as submitted in the amount of $94,524.



F.                 TABLED ITEMS


Item 19 -        First Reading – Ordinance No. 2007-31 – Rezoning – From Volusia County A-2 (Rural Agriculture) to City of Port Orange R-20SF (Single Family Residential) – Bipin Rama (Tabled July 17, 2007)


Staff recommends that this item remain on the table.


Item 20 -        First Reading – Ordinance No. 2007-32 – Amending Chapter 16, Section 5(b) and Chapter 2, Section 2, of the Land Development Code Relating to Special Setbacks and Requirements for Sunrooms (Tabled July 17, 2007)


Staff recommends that this item remain on the table.


Item 21 -        Resolution No. 07-61 – Update of Charges and Fees Authorized by the Land Development Code (Tabled July 24, 2007)


Wayne Clark has met with the Homebuilders Association and other interested groups.  The groups expressed concern about the increase in the fees with the current economic situation.





Item 22 -        Report from Advisory Board

                        Environmental Advisory Board


A representative of the Environmental Advisory Board will make a report to the Council at this time.




Item 23 -        First Reading – Ordinance No. 2007-34 – Rezoning - .89 Acres from PUD to PCD and Approving a Master Development Agreement and Conceptual Development Plan – Summer Trees Plaza PCD (Continued to Date Certain of September 4, 2007)


The applicant has requested that we continue this item until September 25.  Staff is agreeable to this delay.


Item 24 -        First Reading – Ordinance No. 2007-46 - First Amendment to the Amended and Restated Master Development Agreement for Southwinds Center PCD


The purpose of this amendment is to eliminate the requirement of a subdivision plat as referenced in the MDA and to establish a maximum building coverage of 18% for a portion of the PCD property referenced as “Lot 2.”  Please see the attached staff report.  Please note that second reading is requested to be held on September 18, 2007.  Please also note that the property owner is requesting that the City council consider reducing the application fee from $4,500 to $1,000 (see attached letter from Mr. Holub dated August 1, 2007).


Planning Commission Recommendation:      The Planning Commission recommends approval 6-0 (Commissioner Parker excused) of the First Amendment to the Amended and Restated Master Development Agreement for Southwinds Center PCD.


Staff Recommendation:   Staff recommends approval.


Second Reading:   September 18, 2007

I.                     PUBLIC UTILITIES


Item 25 -        First Reading – Ordinance No. 2007-47 - Revising Policies Pertaining to Potable Water Irrigation Meters



Water supply is an increasingly important issue for the city with respect to growth and Concurrency Management.  While the Garnsey Water Treatment Plant has the capability to produce up to 15 MGD of potable water, its Consumptive Use Permit (CUP) issued by the SJRWMD restricts the city’s actual water production.  The 2007 permitted withdrawal is 7.100 MGD and the actual demand approaches this figure.  Given this restriction, staff recommends measures to discourage utilizing treated drinking water for irrigation, and to encourage usage of alternative lower quality water sources.  Those water sources include stormwater ponds, untreated groundwater, untreated surface water from lakes and canals, and reclaimed water.  


The first step in this process is to amend the existing Code of Ordinances to encourage water conservation by prohibiting potable irrigation meters.  If adopted, this change would not prohibit the use of potable drinking water for irrigation.  However, by eliminating irrigation meters, the user will be required to pay sewer charges on the water used (when sanitary sewer service is available to the site).


It should be noted that existing potable irrigation meters would be “grandfathered” as permitted uses.  Ultimately, Staff suggests, “phasing out” all irrigation meters; however, does not suggest any changes at this time that would impact existing customers.


Implementation of this ordinance change will promote water conservation and preserve drinking water for its highest and best use.  Approval by Ordinance is required to supercede the existing ordinance and to enable changes to the Rate Resolution.  A companion “Rate Resolution” will be forthcoming for Council consideration once the ordinance revisions are adopted.


Staff recommends that Council approve the referenced ordinance, prohibiting future potable irrigation meters, while “grandfathering” existing potable irrigation meters.


City Manager’s Comments:  We have provisions in our current Ordinance that establishes the City of Port Orange to promote good water management and conservation practices.   However, it is my position that using potable water for irrigation purposes is not the highest and best use of our drinking water.  We are not requiring the phase out of irrigation meters.  A few years ago, you adopted that irrigation meters would require a separate impact fee.   This is the next step toward prioritizing water use and conserving the resource that is available to the City of Port Orange and our residents.


Second Reading:   October 2, 2007



J.                  PARKS AND RECREATION


Item 26 -        Resolution No. 07-84- Establishing Revised Sponsor Fees and Registration Fees for City-Sponsored Youth and Adult Athletic Programs, Playground and Preschool Programs, Adult Programs and Classes; Establishing Revised Non-Resident Registration Fees for Activities


Parks and Recreation proposes to increase Program, Activity, and Registration Fees per the attached fee schedule and to incorporate all fees under one resolution.  Staff recommends approval.


Item 27 -        Request from Port Orange Family Days to Co-Sponsor Kidz Dayz for 2008, 2009, and 2010


The Port Orange Family Days Community Trust has requested the City to co-sponsor their event Kidz Dayz (formerly St. Patrick’s Day) for 2008, 2009, and 2010, waiving fees associated with each year’s event.  Attached is a cost estimate sheet outlining the fees to consider waiving over a three-year period.  One column is for a total full cost waiver per year, and another column is for total direct costs per year.  The years 2009 and 2010 are increased 5% for operational increases.  Staff recommends that Council approve the Port Orange Family Days Community Trust’s request for the City to co-sponsor their event Kidz Dayz (formerly St. Patrick’s Day) for the years 2008, 2009, and 2010, waiving the estimated event costs for the outlined three years.


City Manager Comments:  The City Council has required others to pay the cost of using the City Center Complex.  Does the City Council desire to continue co-sponsoring this event?  If the answer is yes, then our rate resolution allows for the City to participate in the event.  In year 1, the full cost recovery is $13,418.  This means that the Community Trust would be required to pay that amount to the City for provided services.  If the City Council desires to have the direct cost covered, then the cost is $9,534. 


This event does generate funds for the Community Trust.  Does the Community Trust provide benefits directly to the City that justifies the City’s involvement as a co-sponsor and waiver of the fees?  How is this co-sponsorship different from others that have appeared before the City Council requesting to use the facility? Recently, AMVETS appeared before the City Council requesting to conduct a ceremony at City Center.  The City Council did not waive the fee.  The fee was paid by an individual, not AMVETS themselves.   When the March of Dimes used the City Complex this past spring, the City charged them for providing services.  There have been other examples this past year. 


Although the Parks and Recreation staff has recommended the waiver of the fees, I must point out that this is just the first of several events that will come before you seeking the City to be a partner.  By granting this waiver, you will be endorsing this event as one that merits the City absorbing the cost and being the sponsor.  I can tell you that every group or organization will state that they are doing the same thing.  Is there a revenue sharing formula that assists the City in covering its cost with a portion of the proceeds from the event going to the Community Trust and a portion of the proceeds coming to the City to offset the cost of the event?  I would suggest something like 50% of the revenue generated by the event.  Under this method, the City would be rewarded if the event is successful.  All proceeds above the full cost would be used to support the special community events that occur throughout the year at City Center.       


Item 28 -        Request from Lakeside Jazz Festival to Co-Sponsor and Waive Fees


Staff has received a request from the Lakeside Jazz Festival for the City to co-sponsor and waive fees for the event to be held April 18 and 19, 2008, at the Kenneth W. Parker Amphitheater.  Attached is a cost estimate sheet outlining the fees to consider waiving over a three-year period.  One column is for a total full cost waiver per year and another column for total direct costs per year.  The years 2009 and 2010 are increased 5% for operational increases.  Staff recommends that council approve the co-sponsorship and waiver of fees for the Lakeside Jazz Festival scheduled for April 18 and 19, 2008, at the Kenneth W. Parker Amphitheater.


City Manager’s Comments:  From the beginning of this event, I have been a proponent.  I had two sons that played in the Spruce Creek Jazz Bands throughout their High School years.  One of my sons was involved in the first Lakeside Jazz Festival.  In the past, I have helped raise money for this event.  Virginia and I are regular financial contributors and supporters of this event.  I believe in the values that this event promotes and the exposure that it provides to the community about the good things students are doing.  The event showcases talented students.  The funds generated by the event provide student scholarships and assists the Band programs at both Spruce Creek and Atlantic High Schools.  I am a proponent of music in schools. 


I wanted to place the disclaimer at the beginning of this comment section.  It is very difficult for me to write this section when I personally believe in the event and in the project.  But I must switch hats.  I must look at the equity and how the City Council has applied the rules to other users.  The questions that I posed about Kidz Days are the same for this event.  Is it reasonable for the City to recover its cost?  Is it reasonable for the City to provide staff support for this event?   One of the budget issues that we raised was the need to cover cost related to special activities and events at City Center.  The City Council stated that it was their desire for the City to cover its cost of events that we previously co-sponsored at City Center.  Unless this is part of the City’s overall concert program, then I must recommend to the City Council that you be consistent and recover the cost of the event.


What option does the City Council have?  First, the Council can declare that the Lakeside Jazz Festival is part of the City’s Concert in the Park Series.  That makes it a City event, not a co-sponsored event.  The City Council could require the Band Programs to provide certain in-kind support for the event in lieu of paying all fees associated with the Festival.  It is reasonable for the Jazz Festival to pay for the sound equipment and the people needed to operate it even if the event is part of the concert series.  Is it reasonable for the Jazz Festival to pay for the use of the Lakeside Community Center?  The use charge for the Lakeside Center for two days would be $1,600.  Is it reasonable for the Jazz Festival to pay the daily fee for use of the amphitheater?  The fee for the two days for use of the amphitheater is $600.


K.                 ADMINISTRATION


Item 29 -        Resolution No. 07-85 - Florida Recreation Development Assistance Grant Program (All Children’s Park Playground Improvements)


The City seeks funds from the Florida Department of Environmental Protection’s FRDAP grant program to construct playground, picnic tables, and support facilities at All Children’s Park Playground Improvements. 


The City requests $100,000.00 (50%) in funds from the State and the City’s Match is $100,000 (50%).  The match derives from Recreation Impacts Fees. 


Staff recommends that Council approve the attached resolution authorizing the Mayor and City Manager to submit a Florida Recreation Development Assistance Program (FRDAP) application.  In addition, authorize the Mayor and City Manager to execute any agreements or contracts and provide a match.


Item 30 -        Agreement between City of Port Orange and Sun Glow


The City Attorney is working on this item and has asked that we schedule it for this agenda.  As soon as we have supporting material, we will forward it to the Council.



L.                  COUNCIL COMMENTS


Item 31 -        Comments/Concerns from Council Members


At this time, Council Members may discuss various matters of concern.