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

                        February 26, 2008


Date:               February 18, 2008



A.        OPENING


Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call




Item 4 -           Presentation of Annual Valuation Report – General Employees Defined Benefit Pension Plan


Each year, an actuarial valuation of the General Employees Defined Benefit Plan is conducted to review plan operations over the previous year as well as to determine the contribution rate for the upcoming year.  David G. Leonard, A.S.A., the Pension Committee’s Actuary, will be in attendance at this meeting to present his report and to answer questions.


Based upon the October 1, 2007, valuation, the 2007-08 required City contribution is anticipated to be in the rate of 9.8% to 11.8% of payroll.  This compares to the 11.4% to 12.5% recommended employer contribution last year.  A 13% employer contribution has been budgeted for this purpose this year, in addition to the employee mandatory 5.9% contribution.  Also of note, using a 6% discount rate, the plan continues to be fully funded at 102% of liabilities.  Mr. Leonard’s Summary Report is attached. 


Staff recommends that Council accept the Annual Valuation Report for the City of Port Orange General Employees Defined Benefit Pension Plan as presented.


City Manager’s Comments:  This is the first of our annual reports from our Pension Boards to the City Council.  The valuation for our General Employees shows the Plan finishing the year in very good position.  In both funding ratios, the Plan is doing well.  Unfortunately, GASB (General Accounting Standards Board) has changed the method of computing one of the ratios.  It is important to have both ratios that we compute to be near 100%. 




Item 5 -           Recognition of Shawn Walker – Officer of the Year


Recently, Shawn Walker was recognized as Officer of the Year by the Port Orange-South Daytona Chamber of Commerce.  At this time, Council will recognize Shawn for his accomplishments.


Item 6 -           Recognition of Adam Bivens – Firefighter of the Year


Recently, Adam Bivens was recognized as Firefighter of the Year by the Port Orange-South Daytona Chamber of Commerce.  At this time, Council will recognize Adam for his accomplishments.






Item 7 -           Project Managers’ Report


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


Item 8 -           Disposal of Obsolete Printed Bound Material


Prior to the year 2000 the Office of the City Attorney maintained an extensive library of legal research materials, among those were two series of volumes reporting on United States Supreme Court case law and the United States Code Annotated.  These books have not been updated since 2000 because of the expense involved in obtaining the printed matter; and, additionally, the information is now available on searchable data bases on web sites maintained and offered free of charge by agencies of the U.S. Government and/or prominent law schools.


Over the past year the City staff has attempted unsuccessfully to sell the books.  The City Attorney seeks the permission from the Council to either donate the books to a student association, non-profit organization, to dispose of the printed material through the City auction process, or as otherwise deemed appropriate.


Also of note:   Our local recycling contractor will not accept books with hard cover binders.


Staff recommends that Council authorize the City Attorney to donate to either a student association or a non-profit organization or to otherwise dispose of the obsolete reference books previously maintained for the use of the City Attorney and staff as a part of the legal department.


Item 9 -           Modification of the Public Utilities Department Organizational Structure



City Charter Article IV. Administrative, Section 4.05 describes the Administrative Code.  The Administrative Code, adopted by the City Council, sets forth the department organization including charts showing the chain of command and the allocation of responsibilities and duties for each department. 


With the pending retirement of several key employees, we have revisited the Public Utilities Department organizational structure with the primary goal of improving organizational efficiency while improving our employee recruiting, training, and retention.  Toward that end, meetings were held with the City Manager and City staff.  Subsequently, on December 7, 2007 a memorandum proposal, which outlined possible departmental restructuring, was distributed to all Public Utilities personnel to solicit feedback.  As an outcome, a proposed organizational chart has been prepared. The key components that differ from the current structure are noted below.


1.      Create a single Field Operations Division by combining Water Distribution and Wastewater Collections, thereby eliminating one Superintendent position.  This will create cross-training opportunities for all Utilities Service Workers, increasing the pool of skilled-labor resources.

2.      Transfer the two utility line locating staff from Administration to the Field Operations Division.

3.      Create a new Laboratory Operations Division by re-assigning the four existing Lab Technician positions from their respective Water Production and Reclaimed Water Treatment Divisions into one consolidated Division focused on chemistry and biology.

4.      Reinstate the Programs Coordinator position to Administration by reclassifying the former Engineer position.  This provides an individual focused on administrative compliance of regulatory-mandated programs like backflow inspections, water conservation, and concurrency for water & sewer plant permit allocations.


The changes described above have a net decrease in staffing of one position.  Staff recommends that Council approve the proposed Public Utilities Department organizational structure.


Item 10 -        County EMS Grant


The County of Volusia receives State grant money to expand and improve EMS within Volusia County.  This year, Port Orange Fire Rescue was awarded funds for two projects.  This first award, in the amount of $25,000, is to purchase Advanced Life Support (ALS) equipment for Fire Station No. 75.  The second award is for $2,400.  This will expand our Community Automatic External Defibrillator (AED) Program by adding two AED’s to new public facilities within Port Orange.  The City is required to purchase the equipment and submit to the County for reimbursement when the equipment is received.  There are monies available in the 609 Fund for the initial purchase.  Staff recommends that council approve the acceptance of two County EMS Grants in the amount of $27,400.


Item 11 -        First Amendment to Post-Closing Agreement (Major Entryway to Williamson Business Park)


The SJRWMD required an additional 135 days to issue the permit for development of the Port Orange Business Park.  The parties, City of Port Orange and D.S.C. of Newark Enterprises, Inc. have agreed to extend the time for completing the roadway and utility improvements as required by the Post-Closing Agreement.  The extension will be in the amount of 135 days with a completion date on or before February 14, 2009.


Staff recommends that Council approve the First Amendment to Post-Closing Agreement between D.S.C. of Newark Enterprises, Inc. and the City of Port Orange, and authorize Mayor and City Manager to execute the agreement on behalf of the City.




Item 12 -        Second Reading – Ordinance No. 2007-19 – Rezoning and Approving a Master Development Agreement and Conceptual Development Plan – The Altamira Shopping Village Planned Commercial Development (PCD) (Tabled 1/15/08)


We recommend that this item remain on the table.




Item 13 -        Monthly Financial Report


Attached is the Monthly Financial Report.  If you have questions, please contact either John Shelley or me.




Item 14 -        Second Reading – Ordinance No. 2008-4 – Administrative Rezoning – From GPU (Government/Public Use) to R-8SF (Single-Family Residential) – 115 Trails End Drive


We recommend approval.


Item 15 -        Second Reading – Ordinance No. 2008-5 – Approving the Amendment and Restatement of the Master Development Agreement – Nautica Lakes


We recommend approval.


Item 16 -        Second Reading – Ordinance No. 2008-6 – Annexation – Cracker Creek


We recommend approval.


Item 17-         Second Reading – Ordinance No. 2008-7 – Rezoning – From Volusia County RC (Resource Corridor) and A-2 (Rural Agriculture) to City of Port Orange PUD (Planned Unit Development) and Approving the Master Development Agreement and Conceptual Development Plan – Cracker Creek PUD


We recommend approval.


Item 18-         First Reading - Ordinance No. 2008- 8  - Adoption of the Fall 2007 Large Scale Comprehensive Plan Amendment Package


On September 27, 2007, the Planning Commission recommended approval, 7-0, to transmit the Fall 2007 Comprehensive Plan Amendment Package to the Florida Department of Community Affairs (DCA) and other review agencies. On October 16, 2007, the City Council authorized the transmittal of the subject Comprehensive Plan amendments to the DCA, and other review agencies. 


The package includes amendments to the Future Land Use Map of the Future Land Use Element and Coastal Zone Management Element of the City of Port Orange Comprehensive Plan – Update ’98, to include the new definition of Coastal High Hazard Area (CHHA) and to depict the CHHA on the Future Land Use Map, pursuant to Section 163.3178, Florida Statutes (F.S.).


Upon review of the City’s proposed amendments, DCA did not have any objections. There is one comment regarding the new definition of the CHHA; however, this comment is not consistent with F.S. and does not require any changes to the proposed amendments. The City has also received VGMC certification and is now prepared to adopt the Fall 2007 Comprehensive Plan Amendment Package. A copy of DCA’s ORC Report, the VGMC Certification, and a copy of the original staff report on the subject amendments is attached.


Staff recommends that Council approve the attached ordinance amending the City’s Comprehensive Plan Update ‘98 for Case No. 07-20000008, as recommended by the Planning Commission, and authorize staff to transmit the adopted amendments to the Department of Community Affairs for final compliance review.


Second Reading:   March 18, 2008.


Item 19 -        First Reading – Ordinance No. 2008- 9  - Adoption of Small Scale Land Use Amendment – Jay Patel


This is a request to amend the Future Land Use Map of the City of Port Orange Comprehensive Plan Update ’98.  The purpose of the proposed amendment is to change the future land use designation of approximately 6.71 acres from Suburban Residential (2-4 units/acre) to Commercial.  If approved, the contract purchaser intends to develop the property with a mini-warehouse/self-storage facility and two-story office building. 


Planning Commission Recommendation:      The Planning Commission recommended approval 7-0.


Staff Recommendation:   Staff recommends approval.


Second Reading:   March 18, 2008.       


Item 20 -        First Reading – Ordinance No. 2008- 10- Approving the First Amendment to the Master Development Agreement for the Peacock Way PCD


The purpose of the amendment is to formally change the name of the PCD from Peacock Way to Journey’s End, to incorporate an off-site retention area, and to establish uses for two incorporated lots (approximately 6.71 acres), including mini-warehouse/self-storage, office, retail, and restaurant.  Please note that all Staff and Planning conditions have been addressed.


Planning Commission Recommendation:      The Planning Commission recommended approval 7-0.


Staff Recommendation:   Staff recommends approval.


Second Reading:   March 18, 2008.       


Item 21 -        Development Order Extension – Country Inn & Suites


This is a request to approve the Development Order Extension for Country Inn & Suites and to approve the extension of the Subdivision Improvement Agreement.  No modifications to the originally approved development order are proposed.  Please note that this development was also issued a Subdivision Improvement Agreement, which has also expired.


Planning Commission Recommendation:      The Planning Commission recommended approval 6-0 (one seat vacant).


Staff Recommendation:   Staff recommends approval.


Item 22 -        Final Plat and Plans and Subdivision Improvement Agreement for the Kinara Village Subdivision


This is a request to approve the Final Plat & Plans for the Kinara Village Subdivision and to approve the Subdivision Improvement Agreement, subject to the execution of the SIA by the property owner once the St. Johns River Water Management District has issued the Stormwater Management Permit.  The 4.87 acre site is located at 812 Airport Road on the west side of Airport Road, across from Creekside Middle School.  If approved, the subdivision will be developed with 5 single-family lots with associated common area and infrastructure improvements.


Planning Commission Recommendation:      The Planning Commission recommended approval 6-0 (one seat vacant), subject to the following conditions:



Please note that the City Council has approved an annexation, Future Land Use (FLU) Amendment, and rezoning for the subject property:



Staff Recommendation:   Staff recommends approval.




Item 23 -        2007 Flu Shot Program Revenue Report


Attached is the follow up report requested by the City Council at the completion of the 2007 Flu Shot season billing process.  These reports summarize all revenue collected during the 2007 Flu Shot Season in accordance with Resolution 05-63.  Staff recommends approval.




Item 24 -        Appointment to School Concurrency Oversight Committee


Attached is the request from the school district for an individual to serve on the Concurrency Oversight Committee.  This appointee may either be a citizen or a representative of Council


Item 25 -        City Manager’s Evaluation


It is that time again.  It is time for the City Manager’s evaluation.  Attached are the goals that I gave the City Council last year.  Also, enclosed is my self evaluation.  Finally, enclosed are the new goals for this year. 




Item 26 -        Comments/Concerns from Council Members


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


Item 27 -        City Council Committee Reports


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