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 18, 2007


Date:               September 12, 2007



A.                 OPENING


Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call


City Manager’s Comments:  This is the night for the second public hearing for the 2007-08 Budget.  For the City Council’s information, the City of Port Orange is anticipating a budget of approximately $668,000 less in General Fund revenue for the upcoming year as compared to our current year.  This includes all General Fund revenues, not just Ad Valorem Taxes.  We are seeing declines in State Revenue Sharing and in State Sales Tax. The City is seeing some increases in revenues as well.  We anticipate receiving additional funds in franchise fees and in public service taxes.  The City Council has adopted several fee adjustments that will generate small amounts of additional revenues in the upcoming year. 


It is important to note that we do use realistic but conservative budgeting practices.  Our State revenue estimates are based upon those provided by the State of Florida.  Our Ad Valorem Tax collection is based upon 95% collection rate.  This takes into account delinquencies and discounts.   Our franchise taxes and our public service tax revenues are based upon historical data.  As the City Council knows, we have tremendous amounts of historical revenue data that assists us in estimating revenues for the upcoming years. 


I have reviewed the data that Joe Crum submitted to you at the first public hearing.  Joe has done an extremely good job of contacting various commercial developers to determine if they plan to begin construction of their projects during the current fiscal year.  There is a good probability that many of the projects will begin construction this fiscal year.  Mr. Crum did not include three public projects that will begin construction in the next fiscal year, Fire Stations 72 and 75 as well as the Port Orange Police Department.  Under normal conditions, I would be comfortable using Joe’s data.  However, I must continue using a more conservative philosophy for the next fiscal year in this area.  At best, I have allowed room for compensating errors in the revenue estimate in this budget.  Included in Mr. Crum’s estimate is about $500,000 in miscellaneous revenues.  These are the new single-family homes, renovations to existing homes, and miscellaneous permit revenues.  Mr. Crum did not include any permit revenue for build out of tenant space.  Please note should one of the major projects included on Mr. Crum’s list not materialize during the fiscal year, the building fund could be in trouble.  That is why I prefer to start the year very conservative and see where we are going rather than starting out optimistically and then making changes and reductions.  We have trimmed this budget already.  This gives the City Council the maximum flexibility during the year.


In the Public Utility area, the City Council approved a two-step rate adjustment last year for sewer.  The second step adjustment will go into effect on January 1.  The City Council has approved other fees and adjustments for Public Utilities.  The major one will be the backflow device inspection fee.  This will apply only to those residential units that are required to have a backflow device.  This device is designed to protect the public water supply. 


We are not proposing any adjustment in the drainage fee.  The City Council made the last fee adjustment in budget year 2005/2006 when we started the Cambridge Drainage Project.  The City is nearing completion of that drainage project.  The City has been very successful in obtaining grants to assist in financing the project. 


Solid Waste rates will be before the City Council.  As you are aware, the current solid waste provider is entitled to 75% of the CPI for the Southeast.  That rate resolution will be presented to the City Council for your consideration.  I have asked Warren to set up a meeting with Veolia to discuss the rates, cost, and service. 


The City has left a number of positions vacant and will continue to leave those positions vacant throughout the upcoming year.  Second, the City has laid off 6 employees.  That has not received much notice.  Third, we are finalizing the early retirement program.  It is estimated that one-fourth of those positions will not be refilled and will be eliminated from the City’s operating budget.  Overall, it is anticipated by this time next year, the City’s overall workforce will be down by 10% or more from its 2006/07 levels.


At the first budget hearing, there was a question about equity.  In the City’s Financial Report, there is a detailed discussion about equity.  As was explained, many of our funds have capital projects that cover more than one year.  Each year, the appropriations lapse and must be appropriated again in the next fiscal year so that the projects can continue to be funded.  For example, in the City’s General Fund, the City Council appropriated $4,064,247 in fund equity to fund certain capital projects that were identified in the City’s carry forward budget and CIP.  In the City’s Capital Projects Fund, the City Council appropriated $1,026,506 to fund carry forward and capital projects funding.  In the Water and Sewer Fund, the City Council appropriated $1,241,673 in carry forward and capital projects funding.   In the Drainage Utility Fund, the City Council appropriated $2,091,060 in carry forward and capital projects funding.  In the Solid Waste Fund, the City Council appropriated $28,390.


The City Council has a policy of maintaining 15% fund equity in each of its major operating funds.  That is about 54 days of operating capital.  During certain periods of the year, the equity may be more; and in other parts of the year, the equity position may be less depending on the revenue flow into the operating budgets.  This equity position helps take the peaks and valleys out of the City’s operation.  Also, it allows the City the flexibility to internally finance contracts that are necessary during an emergency.  This has been extremely beneficial to the City during past emergency events.  Those amounts are shown in the 3 operating funds, General, Water and Sewer, and Solid Waste. 


The City does have an internal loan fund that assists the City in financing short term capital projects and provides bridge financing while waiting on the permanent revenue.  The City does loan money to the other operating funds and charges interest to those funds while they use the internal loan pool.  This has saved the City of Port Orange vast amounts of money and has allowed the City the opportunity to take advantage of grants and using impact fees as the revenue source to repay the loan pool.  Impact fees cannot be used to secure bank loans.  The second internal fund is our fleet fund.  Many years ago, the City began to internally finance its vehicle and equipment purchases rather than being faced with large capital outlays.  This has allowed the City to plan and smooth the funding for vehicle and equipment replacement and have the resources in place to make those purchases when they are needed.  This allows the City to predict and control our budget better.  As with the internal loan pool, it has saved the City taxpayer money because the City is not paying out interest to banks or finance companies. In the case of the Fleet Fund, the replacement schedule is based on age, condition, repair cost and operating cost of the vehicle or piece of equipment.  Each piece of equipment has its own payment schedule for repaying this Fund.  


Then there are funds that can only be spent for certain items.  Impact Fee Funds can only be spent for capital items.  The City currently has four impact fees, parks, transportation, fire, and water and sewer.  Those funds are reserved for capital projects.  The City has bond funds.  Those are reserved for capital projects.  Currently, the City has construction projects still under construction from the 2004 Capital Improvement Bonds, 2006 Drainage Utility Bonds, 2007 Eastport CRA Bonds, 2007 Town Center CRA Bonds, 2006 Road Construction Bonds (Under I-95 Project), and the 2006 General Obligation Bonds.  Bond funds are reserved for capital projects.


Annually, the City of Port Orange is required to set aside funds to pay the interest payments on outstanding bonds.  The majority of Port Orange principle payments and one-half of its interest payments are made on October 1.  Those monies, however, would show up in the City’s end of the year financials as not being spent.  We had some funds set aside for debt service reserve.  Those funds were reserved to pay debt service should, in any one year, the City not be able to meet its debt service obligation.  We have not used debt service reserve funds on our last several bond issues.


The City does carry a balance in the City’s Insurance Fund.  The City retains a portion of the risk each year in its property and liability insurance.  We do not assume as much risk as some jurisdictions but our insurance rate per $1,000 covered is low; therefore, it does not behoove us to increase our risk factor at this time.  However, next year, we will do an analysis to determine whether it is beneficial for the City to increase its self insurance risk. 


Several years ago, when the City leased the Green Center to Palmer and did the land lease for land currently occupied by Palmer, the City established the Recreational Facilities Fund.  The lease payments go into that account.  The City has reserved those funds to renovate the Green Center when Palmer decides to vacate it at some point in the future.   Those funds are reserved for improvements.  The same fund receives payments from the Y as lease revenues.  Since the building belongs to the City of Port Orange, the funds are used to make capital repairs to the building and related exterior improvements.  For example, last year, the City resurfaced the pool from the funds that accumulated in the account. 


There are funds, such as the forest management and mitigation bank funds, that are collected and used for those projects.  The mitigation funds can be used to acquire additional lands that can be used for mitigation, water, forest management, and for other purposes.  Those will show up each year in the audit as unexpended funds, but they are reserved for specific uses.


Then there are the trust funds.  Those funds are the retirement funds, police forfeiture funds and fire trust funds.  Although these are reported in the audit, these funds can only be used for specific purposes. 



B.                 PUBLIC HEARING


Item 4 -           Discussion of Proposed Millage Rate FY 07/08


The attached resolution will approve the final millage rate for FY 07/08.  The millage rate is 4.044 mills.  Staff recommends approval.


Item 5 -           Resolution No. 07-86 - Adopting the Final Millage Rate for FY 07/08


The attached resolution will approve the final millage rate for FY 07/08.  Staff recommends approval.


Item 6 -           Resolution No. 07-87 - Adopting the Final Operating Budget for FY 07/08


The attached resolution will adopt the final operating budget for FY 07/08.  Staff recommends approval.


Item 7 -           Resolution No. 07-88 - Adopting the Final Capital Budget for FY 07/08


The attached resolution will adopt the final capital budget for FY 07/08.  Staff recommends approval.



C.                CITIZEN PARTICIPATION (Non-Agenda)

D.                CONSENT AGENDA


Item 8 -           Approve Fuel Purchases


Each year, Council grants approval to “spot bid” fuel purchases as allowed by Section 8-26 of the Code of Ordinances.  This practice allows the City to purchase fuel at the lowest market price available on each shipment.  Staff also requests approval to issue two blanket purchase orders to Global Oil and Clay Oil so that fuel can be purchased immediately in preparation of emergencies such as hurricanes.  Staff recommends that Council approve the “spot bid” of City fuel purchases as allowed by Section 8-26 of the Code of Ordinances and to issue blanket purchase orders to Global Oil and Clay Oil for the amount of $40,000 each in order to purchase fuel during emergency situations, such as hurricanes.



Item 9 -           Approve Actuary Services


Staff solicited quotes for providing Actuarial Services for all three pension plans to the City and received two quotes.  In reviewing those quotes, it was determined that in the best interest of the City, the firm of Gabriel Roeder Smith & Company, being a Florida based firm, is better able to provide the service of reviewing the actuarial calculations, evaluating current plans, for a price not to exceed $9,085 and, if appropriate based upon this review and evaluation, calculating the required contributions at an additional cost not to exceed $12,640.  The firm of SHDR, a subsidiary of BB&T, based out of Greensboro, South Carolina, with a Florida Public Pension Trust certification is better able to perform the GASB 45 Valuation for the City over a two year time frame at a cost not to exceed $12,750 to the City.  Staff recommends that Council approve the scope of work as outlined and award the purchase orders to Gabriel Roeder Smith & Company in the amount not to exceed $21,725 and to SHDR in the amount not to exceed $12,750 over the next two years.


City Manager’s Comments:  I am requesting that we contract to have each of the Pension Plans examined and audited.  We have solicited proposals.  I am recommending that Gabriel Roeder and Smith be contracted to examine each plan to determine if the actuaries are correct.  The second service that is being requested is to calculate the cost of the post retirement benefits as required by General Accounting Standards Board Rule 45.  This is primarily focused on the post retirement health care benefits.  We will have to begin stating those in our annual financial report. 


Item 10 -        Approval to “Piggyback” State Contract and Federal Contract to Purchase Tires for Fleet Vehicles


Each year, Staff requests approval to “piggyback” various contracts in order to purchase tires for fleet vehicles.  Staff requests approval to “piggyback” State contract No. 863-000-06-1 and Federal contract No. CATL-1922 through approved vendors McGee Tire Stores Inc. and Boulevard Tire Center.  Staff recommends approval.


Item 11 -        Insurance Renewal – Property and Liability


The proposal contains the cost breakdown by type of coverage in comparison to last year’s insurance costs. Overall, the cost of the property and liability program coverages decreased by $25,652 or -25%.  The cost of property insurance for 2007-08 will be $607,640, a decrease of $49,206, or -7.4%.  The rating basis for property insurance reduced from $0.64 per $100 to $0.60 per $100 of scheduled values.  The cost of the combined general liability coverages (General Liability, Law Enforcement Liability, Public Officials Errors & Omissions, Employment Practices Liability, Automobile Liability, and Garage Operations) for 2007-08 will be $329,411, an increase of $23,416 or +7.6% over last year’s cost.  This will be the third year of the three year contract with Brown & Brown Inc. to provide these insurance coverages.


Staff recommends that Council approve the selection of the Preferred Governmental Insurance Trust (PGIT) through Brown & Brown Inc. for the Property and Liability Insurance Program with the coverage period from October 1, 2007, through September 30, 2008.  The cost of the insurance program is $1,009,901.  The terms and conditions are contained in the Brown & Brown Inc. proposal dated August 31, 2007, and amended on September 7, 2007 for Pages 19 and 27.


Item 12 -        Monthly Development Activity Report and Building Activity Report for July and August, 2007


Attached are the monthly reports from Community Development.  Staff recommends acceptance of the reports.



E.                 TABLED ITEMS


Item 13 -        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 7/17/07)


We will be bringing this back to the City Council the second meeting in October.


Item 14 -        First Reading – Ordinance No. 2007-31 – 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 7/17/07)


We will be bringing this back to the City Council the second meeting in October.





Item 15 -        Citizen Advisory Committee for MPO


A representative of the Citizen Advisory Committee for the MPO will make a report to Council at this time.


City Manager’s Comments:  The MPO will be discussing the I-95 and Pioneer Trail interchange on September 25.  Mayor Green and I have had discussions with New Smyrna and Edgewater concerning this item.  We believed the interchange was agreed to by New Smyrna and Volusia County in 2004/05. 




Item 16 -        Second Reading – Ordinance No. 2007-33 – First Amendment to the Master Development Agreement for the Airport Oaks Planned Commercial Development (Continued to Date Certain of September 18, 2007)


Staff recommends approval.


Item 17 -        Second Reading- Ordinance No. 2007-46 – First Amendment to the Amended and Restated Master Development Agreement for Southwinds Center PCD


Staff recommends approval.


Item 17a -        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 18, 2007)


This item was inadvertently left off the agenda.


Item 18 -        First Reading – Ordinance No. 2007-48 - Adoption of the Fall 2006 Comprehensive Plan Amendments


On October 26, 2006, the Planning Commission recommended approval 6-0 (Commissioner Lasky excused) to transmit the Fall 2006 Comprehensive Plan Amendment Package to the Florida Department of Community Affairs (DCA) and other review agencies. On November 14, 2006, the City Council authorized the transmittal of the subject Comprehensive Plan amendments to the DCA and other review agencies.  Since the transmittal, one of  the proposed amendments has been separated from the Fall 2006 package and will be handled on a subsequent cycle (please see attached memorandum for additional information).  The City is now prepared to adopt the balance of the Fall 2006 Comprehensive Plan Amendment Package.  A complete copy of the original staff report on the subject amendment is attached for your reverence. 


Staff recommends that Council approve the attached ordinance amending the City’s Comprehensive Plan – Update ’98 for Case No. 06-20000005, as recommended by the Planning Commission.


Second Reading:   October 16, 2007


Item 19 -        First Reading – Ordinance No. 2007-49  - Annexation – New Port Park, LLC


This is a request to annex approximately 9.9 acres of land into the City of Port Orange.  If approved, the property owner is proposing to include the subject parcel with the property to the west (corner of Clyde Morris Blvd. and Reed Canal Road) to operate a 42 acre mixed use development (Newport) which will consist of commercial, office, and residential uses.  At this time, the developer anticipates the subject parcel being developed with medical/professional offices.  The property is located south of Reed Canal Road, east of Clyde Morris Blvd.


Staff recommends that Council adopt the attached ordinance annexing approximately 9.9 acres of land located south of Reed Canal Road, east of Clyde Morris Blvd.


Second Reading:   October 16, 2007


Item 20 -        First Reading- Ordinance No. 2007-50 - Rezoning and Approving a Master Development Agreement and Conceptual Development Plan – Nova Bella Piazza Planned Unit Development (PUD)


This is a request to rezone and approve the Master Development Agreement and the Conceptual Development Plan dated August 17, 2007, for the Nova Bella Piazza PUD.  This property is located on the west side of Nova Road between Herbert Street and Samms Avenue and would rezone from CC (Community Commercial) and HC (Highway Commercial) to PUD (Planned Unit Development).  If approved, the applicant intends to develop the property with 20 multi-family units, 37,000 square feet of commercial and office space, and associated stormwater and infrastructure improvements.


Planning Commission Recommendation:      The Planning Commission recommends approval 6-1 (McMasters voting no).  The Planning Commission’s recommendation also includes approval of the Master Development Agreement (MDA) and Conceptual Development Plan (CDP) for the Nova Bella Piazza PUD, subject to the four conditions which are further discussed in the attached Staff Update Memo, being addressing prior to scheduling this item for City Council approval.  The MDA and CDP have been revised, and there are no remaining outstanding staff comments. 


Environmental Advisory Board Action:           The Environmental Advisory Board voted unanimously to recommend to the City Council that the Nova Bella Piazza project not be allowed to remove a 41” historic tree and that the project be redesigned to save the tree or the tree should be moved elsewhere on site (see attached update memo).


Staff Recommendation:   Staff recommends approval.


Second Reading:   October 16, 2007


City Manager’s Comments:  The Environmental Advisory Board has reviewed this item and recommends that the project be redesigned to accommodate the 41” tree.  In reviewing the material and the condition of the tree, it would be better to mitigate the tree than attempt to save it.  I have visited with the property developer and he has pictures of the tree which he will present on Tuesday evening.  Also, he has a letter from an arborist that supports the removal of the tree.  I recommend the City Council mitigate the tree rather than redesign the project.   


Item 21 -        Resolution No. 07-89  - VCOG Map A Lands


The resolution under consideration proposes to adopt Map “A” as presented and accepted by the Volusia Council of Governments (VCOG) Smart Growth Committee as environmental lands preserved for future generations and the safety and well being of wildlife.  The ultimate goal is to have no growth within Map “A” lands.  With limited funds for both the County and cities to purchase the land, the VCOG Smart Growth Committee is proposing to create the necessary tools for the county and cities to utilize so property owners within Map “A” lands might be encouraged to comply with smart growth and environmental practices.


Staff recommends that Council approve the attached resolution to conserve Map “A” land using smart growth tools that shall be developed through the Volusia Council of Governments (VCOG) process.


City Manager’s Comments:  The Smart Growth Committee formed by VCOG has adopted slight changes to Map A.  They have addressed many of our concerns.  Although Map A does show lands along Spruce Creek to be ones that need to be preserved, it must be fully understood that the preservation of those lands (Stanaki) is predicated on its acquisition.  It has a valid development order and could be developed in accordance with an existing plan.  There are Comp Plan amendments that have been proposed that would change the development pattern for this tract of land to a residential community.  The City continues its effort to acquire the property.  The Florida Community Trust is in the process of ranking its applications.  In the future, we will be applying for both St. Johns and Volusia Forever funds to assist in the acquisition of the property. 



Item 22 -        Special Exception to Allow a Storage Facility at an Existing Recreational Vehicle Park – David Weaver for Rose Bay Travel Park


This is a request to approve a Special Exception to allow a storage compound for boats and recreational vehicles at an existing recreational vehicle park (Rose Bay Travel Park), with conditions.


Planning Commission Recommendation:      The Planning Commission recommends approval 6-0 (Commissioner Parker excused) of the request for a Special Exception, subject to the following five conditions:



Staff has verified that the special exception as requested, which will accommodate boats, will not affect the City’s boat slip allocation permitted by the Manatee Protection Plan since the current boat launch facility is not being expanded and a new boat launch facility is not being developed.


Staff Recommendation:   Staff recommends approval.


Item 23 -        Concurrency and Fair Share Agreement and Dedication of Right-of-way along Samms Avenue for the Final Site Plan – Nova Depot


Nova Depot is located on the west side of Nova Road between Dunlawton Avenue and Samms Avenue.  The development consists of office/retail space and individual storage units.  The fair share amount for Nova Dept is $42,103, which will go toward the improvements of the Dunlawton Avenue/Clyde Morris Boulevard intersection, the I-95 interchange area, and the Summertrees Road extension.  Currently, this project is going through the City’s minor site plan process and is being reviewed at the staff level.  Included with this report is a copy of the site plan, building elevations, deed of dedication and the fair share agreement.


Staff recommends that Council approve the Concurrency and Fair Share Agreement and the Deed of Dedication of Right of Way along Samms Avenue for the Nova Depot Final Site Plan.


H.                 PUBLIC WORKS


Item 24 -        Second Reading – Ordinance No. 2007-35 – Award Roll-Off Franchise Agreement – AAA Fence Company of Daytona Beach, Inc.


Staff recommends approval.


Item 25 -        Second Reading – Ordinance No. 2007-36 – Award Roll-Off Franchise Agreement – Halifax Wrecking Company, Inc.


Staff recommends approval.


Item 26 -        Second Reading – Ordinance No. 2007-37 – Award Roll-Off Franchise Agreement – Metro Waste Disposal, Inc.


Staff recommends approval.


Item 27 -        Second Reading – Ordinance No. 2007-38 – Award Roll-Off Franchise Agreement – Russo & Son, Inc.


Staff recommends approval.


Item 28 -        Second Reading – Ordinance No. 2007-39 – Award Roll-Off Franchise Agreement – Samsula Landfill, Inc.


Staff recommends approval.


Item 29 -        Second Reading – Ordinance No. 2007-40 – Award Roll-Off Franchise Agreement – Set Materials, Inc.


Staff recommends approval.


Item 30 -        Second Reading – Ordinance No. 2007-41 – Award Roll-Off Franchise Agreement – Southeast Container Service, Inc.


Staff recommends approval.


Item 31 -        Second Reading – Ordinance No. 2007-42 – Award Roll-Off Franchise Agreement – Veolia Solid Waste Southeast, Inc.


Staff recommends approval.



Item 32 -        Second Reading – Ordinance No. 2007-43 – Award Roll-Off Franchise Agreement – Waste Management, Inc. of Florida


Staff recommends approval.


Item 33 -        Second Reading – Ordinance No. 2007-44 – Award Roll-Off Franchise Agreement – Waste Pro of Florida, Inc.


Staff recommends approval.


Item 34 -        Second Reading – Ordinance No. 2007-45 – Award Roll-Off Franchise Agreement – Waste Services of Florida, Inc.


Staff recommends approval.



I.                     PUBLIC UTILITIES


Item 35 -        Second Reading- Ordinance No. 2007-47 – Revising Policies Pertaining to Potable Water Irrigation Meters


Staff recommends approval.


Item 36 -        Resolution No. 07-90 - Revising Utility Service Fees, Rates, and Charges


In order to meet State requirements, promote water conservation, and recover cost incurred by the Utility Systems, changes are proposed to the current utility service fee.  Some revisions are an outcome of the FY08 budget workshops, while other changes address concerns with water supply and concurrency management. 


In order to comply with FAC 62-555, which requires annual testing and certification of backflow prevention (BFP) devices on potable drinking water systems, the City plans to “piggy back” an existing contract to test approximately 6500 residential BFP’s.  This cost will be recouped via a monthly charge of $1.68 to those 6500 customers, primarily residential reclaimed water accounts.  The charge will be effective January 1, 2008. 


To promote water conservation and to encourage the utilization of alternative lower quality water sources for irrigation, the installation of water meters for the sole purpose of potable irrigation will be eliminated effective October 1, 2007.  While this does not eliminate using potable water for irrigation, customers will pay the applicable sewer charge for all water demands, when sanitary sewer service is available to the site.  Existing customers with irrigation meters will be “grandfathered” for the present time.  (It should be noted that a companion ordinance revision is being processed concurrently thereby enabling this change.)


Other revisions effective October 1, 2007 include increasing deposits and service charges to a level consistent with current industry standards, and to more accurately capture actual costs. Additionally, private hydrant maintenance will be billed monthly as opposed to annually, thereby helping with fee collection.


Staff recommends that Council approve the resolution, revising utility service fees, rates, and charges, thereby replacing and superseding Resolution 06-77.



J.                  PUBLIC SAFETY


Item 37 -        Second Reading- Ordinance No. 2007-29 – Amending and Restating the Firefighters’ Pension Fund


Staff recommends approval.


City Manager’s Comments:  This brings the City’s Plan into compliance with the interpretations of the State of Florida related to compensation and what counts toward compensation.


Item 38 -        First Reading- Ordinance No. 2007-51 - Amending Section 54-130 of the Code of Ordinances Providing Clarification of Supplemental Benefit and COLA Application


In 2003, the City of Port Orange approved changes to the Police Pension Ordinance.  This Ordinance change allowed certain retired employees to draw a supplemental benefit if they met certain requirements.  From 2003 until 2006, one of the retired employees drew the benefit.  It was discovered that there was a potential conflict in the Ordinance and that employee stopped receiving the benefit.  This Ordinance simply amends that section of the Ordinance that is in conflict so that he can again begin receiving the benefit that the City Council agreed to pay in 2003.


Second Reading:   October 2, 2007



K.                 COUNCIL COMMENTS


Item 39 -        Comments/Concerns from Council Members


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