MEMORANDUM

 

 

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 23, 2008

 

Date:               September 18, 2008

 

 

A.                 OPENING

 

Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call

 

 

B.        PUBLIC HEARING (Re-convened)

 

Item 4 -           Discussion of Proposed Millage Rate FY08/09

 

At the first hearing, the City Council agreed to a millage rate of 4.60 mills. Should the City Council desire to reduce the rate further, this would be the time for that to occur.  Revisions would have to be made to the budget. 

 

Item 5 -           Resolution No. 08-44 - Adopting the Final Millage Rate for FY08/09

 

This Resolution is required to be adopted by the City Council in order to generate funds for the City’s General Fund.  If the City Council adjusts the millage rate under Item 4, we would need to make sure that revision is incorporated into the Resolution.

 

Item 6 -           Resolution No. 08-45  - Adopting the Final Operating Budget for FY08/09

 

The City Council has spent extensive time reviewing the City’s operating budget.  We began the process in February.  This is the final step in adopting the budget for the upcoming year.  This budget resolution provides for the funding of all City operations for the upcoming fiscal year.

 

Item 7 -           Resolution No. 08-46  - Adopting the Final Capital Budget for FY08/09

 

The City Council has reviewed the capital budget for the upcoming year.  What is being presented for approval is the first year of the Five Year Capital Improvement Program.

 

City Manager’s Comments:  This is a continuation of the discussion from September 17.  Items 4 to 7 were all continued.  As you will recall, the Daytona Beach News Journal made errors in the legal advertisement.  The City Manager and City Attorney recommended that we continue the Public Hearing just to make sure that citizens were aware of the Public Hearing date.  The advertisement was in the Daytona Beach News Journal on Thursday, September 18.  The advertisement did comply with the State Law. 

 

 

  1. BOARD APPOINTMENT

 

Item 8 -           Police Officers Pension Fund – 5th Member (1 Term to Expire on September 30, 2010)

 

Timothy Girard has resigned as both the Chairman and as a Trustee of the Police Pension Board.  The Police Pension Board has appointed Timothy Wright as the Chairman and fifth member of the Police Pension Board.  The Pension Board is seeking City Council approval of the appointment of Timothy Wright to the Police Pension Board for a two year term.

 

 

City Manager’s Comments:  The Police Pension Board has recommended that Timothy Wright be named as the fifth member of the Police Pension Board.  Mr. Wright is a Lieutenant with the Port Orange Police Department.  He is a member of the Pension Plan.  As you know, the Pension Board is comprised of two members selected by the members of the Plan and 2 members appointed by the City Council.  The four members then recommend a fifth member to the City Council for confirmation.  The Pension Board is charged with the oversight of the Pension Plan.

 

The City Council has the following options:

 

  • Accept the recommendation of the Pension Board and confirm Mr. Wright to a two year term on the Police Pension Board.
  • Reject the Police Pension Board’s recommendation and request the Pension Board submit an additional name for consideration by the City Council. 

 

 

  1. CITIZEN PARTICIPATION (Agenda)

 

Item 9 -           Request from American Cancer Society for City to Co-Sponsor the Port Orange Relay for Life Event

 

The American Cancer Society has requested the City to co-sponsor their Port Orange Relay for Life event and waive a portion of the associated fees totaling $1,388.05 (list attached) with them paying the rental fee of $120 for rental of the City Center and Amphitheater areas.  This is an annual public event with pledges being taken to benefit the American Cancer Society.  This event will be advertised on TV, radio, and printed material.

 

Staff is seeking Council’s determination regarding sponsorship for the American Cancer Society’s Port Orange Relay for Life event at City Center and the Amphitheater and to waive all fees, with the exception of the $120 rental fee.

 

City Manager’s Comments:  Although the DF states that staff is seeking City Council’s determination regarding waiver of the fees, the City Council has been consistent in stating that fees must be paid.  Last year, the City Council required the March of Dimes to pay $1,000 to use the City facilities including the amphitheater.   The American Cancer Society is an excellent organization and desires support from the community.  In the past, the City Council has encouraged citizens to support and participate in the event.  However, I must recommend to the City Council that the City remain consistent and require payment of the fee.

 

 

  1. CITIZEN PARTICIPATION (Non-Agenda)
  2. CONSENT AGENDA

 

Item 10 -        Project Managers’ Report

 

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

 

Item 11 -        Request Approval of SHIP Program Down Payment Assistance for Jeffrey Culpepper

 

The State Housing Initiatives Partnership program is a grant that is funded by the State in an effort to assist low and moderate-income individuals with housing needs.  Jeffrey Culpepper has been approved for assistance through the City’s contractor Mid-Florida Housing Partnership. In addition to approval, Jeffrey has attended classes on credit counseling and home ownership, as well as met all State regulations for assistance.  All contracts and closing statements will be subject to approval by the City of Port Orange Legal Department prior to award of assistance and property closing.

 

Staff recommends that Council authorize loan up to $60,000 and acceptance of second mortgage and promissory note for the purchase of real property.

 

Item 12 -        “Piggyback” Miller Pipeline Contract with City of Orlando, Florida, for Sewer System Rehabilitation Work

 

 

Miller Pipeline is a local company based out of New Smyrna Beach, Florida who has been successfully completing sewer rehabilitation work for many years within the Central Florida area. We recently received documentation that they were selected by the City of Orlando under a competitive bid process to perform varied types sanitary sewer system repair and rehabilitation items of work which are currently priced within their City of Orlando unit priced contract. Per the copy of their letter, attached, they are willing to honor these unit prices with us and enter into a purchase order to perform these varied job tasks as they are requested during the next fiscal year.

           

Our newly formed Operations Division of the Public Utilities Department will be working closely with this contractor to insure that the areas of our City which have experienced relatively higher inflow and infiltration during our recent major storm events are sealed up and repaired as required. We are confident that Miller Pipeline Corp. can work with us and perform all work assigned to them in an acceptable manner.

 

We, therefore, request your approval at this time to approve this work authorization to Miller Pipeline Corp. for an amount not to exceed $155,000 for sanitary sewer system rehabilitation efforts.  Funds have been budgeted and are currently available in the Sewer System Rehabilitation Project # URH001 to pay for this work.

 

Staff recommends that Council authorize a purchase order for $155,000 to be issued to Miller Pipeline Corp., piggy-backing an existing contract, for sewer system rehabilitation services city wide.

 

Item 13 -        Special Event Request – Best Cars

 

Jamie Potter and Bill Donahue of D & L Leather requests approval of a Special Event to be held at Best Cars, 5816 Ridgewood Avenue, to be held during Biketoberfest 2008.  The proposed event is planned for a seven (7) day period from Monday, October 13, through Sunday, October 19, 2008.  The proposed hours for the event are from 8:00 a.m. to12:00 a.m., daily.  This will be the second Special Event for Best Cars in 2008.

 

Staff recommends that Council approve the Special Event request for Best Cars, 5816 Ridgewood Avenue, and to waive the $250 surety bond, subject to twenty-four (24) conditions on the attached staff report.

 

Item 14 -        Special Event Request – First Turn Steakhouse & Lounge

 

Mr. Rick Hilliard, owner of the First Turn Steakhouse & Lounge, located at 5236, 5218 and 5204 South Ridgewood Avenue, requests approval of a Special Event to be held during Biketoberfest 2008.  The proposed event is planned for a seven-(7) day period from Monday, October 13, through Sunday, October 19, 2008. The proposed hours for the event are from 9:00 a.m. until 2:00 a.m., daily.  This will be the second Special Event for the First Turn Steakhouse & Lounge in 2008.

 

Staff recommends that Council approve the Special Event request for the First Turn Steakhouse & Lounge located at 5236 & 5204 South Ridgewood Avenue, and to waive the $250 surety bond, subject to twenty-five (25) conditions outlined in the attached report.

 

Item 15 -        Special Event Request – The Last Resort Bar

 

Mr. Al Bulling, owner of The Last Resort Bar, 5812 South Ridgewood Avenue, and agent for Port Orange RV, 5858 Ridgewood Avenue and Hunt for Cars, 5796 Ridgewood Avenue, requests approval of a Special Event to be held during Biketoberfest 2008. The proposed event is planned for a seven (7) day period from Sunday, October 12, through Saturday, October 18, 2008. The proposed hours for the event are from 8:00 a.m. to 2:00 a.m., daily.  This will be the second Special Event for the Last Resort in 2008.

 

Staff recommends that Council approve the Special Event Request for The Last Resort Bar, 5812 South Ridgewood Avenue, Hunt for Cars at 5796 South Ridgewood Avenue, and Port Orange RV at 5858 South Ridgewood Avenue, to waive the $250 surety bond, subject to twenty-five (25) conditions outlined in the attached staff report.

 

Item 16 -        Ratification of Joint Stipulation for Dismissal in the Case of:  1) Shellie Fink vs. The Communications Inter-local Agency, The City of Port Orange, et al; and 2) Stacey Peters vs. The communications Inter-local Agency, The City of Port Orange, et al

 

A.        Fink and Peters cases.  As you will recall, both plaintiffs, former dispatchers at the RCC, filed separate actions claiming pregnancy discrimination.  Both plaintiffs retained the same law firm.  It has been the position of the City and RCC that the claims were entirely without merit.  After taking depositions in the matter, letters were sent to plaintiffs’ counsel advising that failure to dismiss their cases would result in the RCC and City pursuing attorneys’ fees and costs against them for filing a frivolous lawsuit – formally called a Rule 11 letter for sanctions.  [See attached letters dated April 15, 2008 and August 21, 2008]

 

Both Plaintiffs have agreed to dismiss their cases with prejudice (See attached dismissals).  As part of the agreement for joint dismissal of the Fink case, we did agree to pay Fink’s portion of the entire mediator’s fee.  This amount was only $812.50 and was paid directly to the mediator.  Neither Fink nor Peters received anything in the agreement. 

 

Staff recommends that Council:

 

A.                 Ratify the joint stipulation for dismissal in the case of Shellie Fink vs. The Communications Inter-local Agency, The City of Port Orange, et al; and 2) Stacey Peters vs. The Communications Inter-local Agency, The City of Port Orange, et al.

 

Item 17 -        SummerTrees Road Project Final Deductive Change Order No. 2

 

The City’s project management team for this project actively communicated and coordinated with the Kohl’s Developer, his engineering consultant, Volusia County, area residents, and businesses in close cooperation with Halifax Paving Inc. to provide the best quality roadway possible, at the least cost, within given contractual time constraints.  The roadway is currently being utilized and has already been a significant benefit to the continued traffic circulation in the area relative to the construction of the Taylor Road Widening Project.  Our local contractor, Halifax Paving and his subcontractors worked cooperatively with the City in making all of the necessary adjustments during construction to allow the project to proceed successfully with relatively short delays. We believe that due to these efforts by our local contractors all of our goals have been achieved.

 

In addition to a usable roadway, many drainage improvements to the surrounding area were also able to be addressed which has successfully prevented any appreciable flooding to occur during our most recent significant storm events.

           

Final field measurements and payment adjustments have now been completed and verified by our consulting engineers and agreed to by the contractor per the terms of the contract. The additional 62-day extension is also being recommended for your approval based on the utility revisions that were required during the course of construction due to unforeseen circumstances and other work delays related to ongoing construction by the County and FPL within the Taylor Road right-of-way.

           

In addition, the terms of the SIA agreement with Kohl’s, whereby they agreed to reimburse the City for 100% of actual construction costs per Change Order #1 have now also been fully complied with. 

           

We, therefore, request your approval in approving this Final Deductive Change Order No. 2 to Halifax Paving Inc. attached, and making the revised final contract amount $1,923,550.52 and approving final payment subject to the final paperwork and punch list items being completed. 

 

Staff recommends that Council approve Deductive Change Order No. 2 amending our contract with Halifax Paving for the “Summertrees Road Project,” with a net decrease in the contract amount of $90,176.98 making the final contract amount $1,923,550.52 with an additional contract time of 62 days, and to authorize the Mayor and City Manager to sign and execute all required contract documents as required.  

 

Item 18 -        Approving the Acceptance of a Target Law Enforcement Grant

 

In 1990, Target established the Law Enforcement Grant Program to supplement the financial resources of law enforcement agencies.  The Port Orange Police Department has been awarded grant funds in the amount of $1,000 from this program.  These funds will be utilized to purchase crime scene camera equipment for the criminal investigations division.

 

Staff recommends that Council approve acceptance of grant funds from the Target Law Enforcement Grant Program in the amount of $1,000 for the purchase of criminal investigation equipment.

 

City Manager’s Comments:  We are extremely pleased that Target selected Port Orange to receive one of its Law Enforcement Grants.  Target continues to be a good community partner.

 

Item 19 -        Annual Contract – “Piggyback” State and County Bid Purchase

 

Each year, Information Technology will purchase items that exceed $25,000 in value, each of which must be brought before Council for approval.  As in the past, we often desire to piggyback active State and County bid contracts and purchase direct from the State Contract.  The commentary attached shows a list of these items by contract number, description, and expiration.  Evidence of State contract authorized vendors according to the attached list will be produced to the City Purchasing Coordinator during the requisition process.  This practice complies with the City purchasing policies once authorized by Council.

 

Staff recommends that Council approve the piggybacking of State and County bid purchases and the use of defined State Contract equipment and supplies listed on the attached commentary for FY09.

 

Item 20 -        Approval of Addendum No. 22 to the Contract with Quentin L. Hampton Associates:  Sleepy Hollow Stormwater Ditch Improvements Project

 

Staff met with Quentin L. Hampton Associates, Inc., regarding erosion of the drainage ditch in the Sleepy Hollow subdivision.  Quentin L. Hampton has submitted preliminary construction estimates on two different options both to correct the erosion problem and still provide for adequate drainage in the area.  Also attached is their estimate for engineering fees associated with the project.  As shown, the total cost for engineering fees associated with the design and permitting portion of the project is $48,245.

 

Staff recommends approval of Addendum No. 22 to the contract with Quentin L. Hampton Associates, Inc., for the design and permitting portion of the Sleepy Hollow stormwater ditch improvements project for a cost not to exceed $48,245.

 

 

  1. FINANCE

 

Item 21 -        Resolution No. 08-48 – Budget Appropriations

 

The City has received funding for the marine unit overtime from the Volusia County Manatee Fund.  Also, City Staff has completed a review Resolution 08-25 in which equity of the General Capital Projects Fund (317) should have been appropriated for Port Orange Industrial Park.  The attached resolution appropriates budgets for the overtime costs.  In addition, the attached resolution corrects the appropriations for the Port Orange Industrial Park project.  Staff recommends approval.

 

Item 22 -        Monthly Financial Report

 

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

 

 

  1. COMMUNITY DEVELOPMENT

 

Item 23 -        Planning Commissioner Attendance – Richard Barker

 

The following concerns the attendance of Planning Commission Member Richard Barker.  As per Chapter 3, Article III, Section 10 (a)(3), LDC, if a Commissioner has missed two of three consecutive meetings without cause, the Board may declare a vacancy and request the Council appoint a replacement.  The Planning Commission found Mr. Barker’s previous absences to be excused given his profession, and the current state of the economy, and Commissioner Barker stated his continued interest and dedication to the Board.  Attached is a letter from the Chairman of the Planning Commission, George McMasters, along with the information packet sent to the Planning Commission prior to its vote.  Based upon the LDC requirements, the City Council shall make the final determination as to whether Mr. Barker should remain on the Commission or be removed.

 

Planning Commission:     The Planning Commission recommended approval 6-0 (Commissioner Booth absent) to allow Commissioner Richard Barker to retain his seat on the Planning Commission.

 

Staff Recommendation:   Staff recommends that Richard Barker be allowed to retain his seat as a member of the Planning Commission.

 

 

  1. ADMINISTRATION

 

Item 24 -        Resolution No. 08-49 - Special Assessment Deferral for the Port Orange Business Park

 

The City Council imposed a special assessment for the Port Orange Business Park Assessment Area in 2007.  Because the property is under construction and is still wholly owned and controlled by the City, imposing the assessment at this time is unnecessary.  By deferring the imposition, the City maintains its ability to levy the assessment at a later date.

 

Please see the attached resolution for additional language.  Staff recommends deferring the special assessment until 2010.

 

Staff recommends that Council approve the attached resolution deferring the imposition of the special assessment until issuance of the tax bill for calendar year 2010.

 

Item 25 -        State Constitutional Amendments Discussion

 

The City Council asked that State Constitutional Amendments be placed on an Agenda for discussion and determination if the City Council, as an elected body, would take a position on the amendments.  I have included in the packet information from the Florida League of Cities and from the Volusia Council of Government.  Both the League and VCOG have examined the amendments and have provided excellent background data on each amendment. 

 

Item 26 -        Request for Special Council Meeting to Discuss Pending Litigation Pursuant to Section 286.011 (8), Florida Statutes

 

The City Attorney desires advice concerning pending litigation in the case of Lamar Advertising of Daytona, etc. vs. The City of Port Orange, Case No. 2004-31581 CICI, Seventh Judicial Circuit, in and for Volusia County, Florida.  The subject matter of the meeting shall be confined to a strategy session related to litigation expenditures and settlement negotiations.  This suit involves billboards owned by Lamar Advertising of Daytona that were destroyed during the 2004 hurricanes.

 

Staff recommends that Council approve the request of the City Attorney to schedule a Special Council Meeting for Tuesday, October 7, 2008, at 6:00 p.m., at City Hall, 1000 City Center Circle, convening initially in the Council Chambers for an attorney-client session.

 

Item 27 -        City Attorney Evaluation

 

The City Attorney has requested approval for the same salary increase as budgeted and provided to other City personnel.

 

Staff recommends that Council approve the request for a 2.5% increase in salary for the City Attorney applicable for each Fiscal Year 07-08 and 08-09.

 

City Manager’s Comment:  The City Attorney has not received a performance evaluation by the City Council nor has the Council provided any compensation increase to the City Attorney, either as a lump sum or a salary adjustment, during the current fiscal year.  Those funds were included in the 2007-08 budget.  Also, the 2008-09 budget did include funds for a salary adjustment for the City Attorney. 

 

  1. COUNCIL COMMENTS

 

Item 28 -        Comments/Concerns from Council Members

 

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

 

Item 29 -        City Council Committee Reports

 

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

 

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