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
April 7, 2009
Item 1 - Pledge of Allegiance
Item 2 - Silent Invocation
Item 3 - Roll Call
B. SPECIAL REPORT
At the request of the City Manager, Public Utilities staff prepared a comprehensive report discussing the 2009 Daytona Dirt Riders Association (DDR) “Alligator Enduro”, an annual off-road motorcycle event held on the City central wellfield properties. Background information regarding the event along with a synopsis of the planning and safety measures employed during the race. Recommendations for improving future event logistics and operations, as well as ensuring the protection of the wellfield property are included.
This report was compiled by Assistant Public Utilities Director Mike Ulrich based on post- event meetings and interviews with key department personnel and organizations involved with the event. Most notably, the list of contributors to the report include (1) City Contract Forester Steve Edgar, with the firm of CPH; (2) Fire Department officials Ken Burgman, Dana Carter, and Russ Rafferty; and (3) DDR representative Steve Pettenger.
This item is for discussion purposes only.
C. CITIZEN PARTICIPATION (Non-Agenda)
D. CONSENT AGENDA
Attached are the minutes of the following meetings:
February 17, 2009 – Special City Council Meeting
February 17, 2009 – Regular City Council Meeting
February 24, 2009 – Regular City Council Meeting
March 3, 2009 – Special City Council Meeting
Staff recommends approval.
Attached is the report from Quentin L. Hampton Associates, Inc., regarding construction projects. If you have questions, please contact either Mark Hampton or me.
Attached is the report from Parks and Recreation. If you have questions, please contact either Susan Lovallo or me.
Attached is the report from Public Works. If you have questions, please contact either Warren Pike or me.
Santore & Sons have co-sponsored the July 4th fireworks for several years and have again offered to do so. This falls beneath the formal bid threshold level and it is a sole source acquisition. Due to the fact that co-sponsorship purchasing procedures must be waived, this requires Council approval.
Staff recommends that Council waive the purchasing procedures and approve the acquisition of the July 4th Fireworks from Fireworks by Santore, a co-sponsor amount of $18,000. Funding for this acquisition is found in the 410-6100-534-4803 account.
The City has negotiated a contract with the newly formed PBA Lieutenant’s bargaining unit. On Friday, March 20, 2009, the Lieutenants voted unanimously to approve this contract. Staff recommends approval of the 2008-2009 PBA Lieutenant’s Contract.
The settlement offer will expire if not approved by April 7,
2009. Plaintiffs, Evan Lysaght and Marie
Lysaght have brought a negligence action against the City of
The claim of Evan L. Lysaght was settled for $7,000.00. A copy of the settlement agreement for Marie Lysaght is attached. The agreement provides payment of $35,000.00 to Marie Lysaght. It is the City’s position that the defense cost of trying the case before a jury would exceed the settlement cost regardless of whether the City prevails.
If you have any questions regarding the case, or the recommendation of approval of the settlement, please give Margaret Roberts, City Attorney, a call.
Staff recommends that Council authorize the settlement of
the Evan L. Lysaght and Marie Lysaght vs. City of
The City Council previously authorized and appropriated $1
million toward the $4 million sponsor match shortfall to complete the Rose Bay
Watershed Restoration Project. A
Memorandum of Understanding and Funding Agreement were also executed. The St.
Johns River Water Management District (District) requested that the District,
The attached agreement has been updated by the District to reflect the change made by FIND. It still limits the City’s contribution to no greater than $1 million.
Staff recommends that Council approve the revised Funding Agreement with St. Johns River Water Management District for disbursement and utilization of funds for the Rose Bay Restoration Project and authorize the Mayor and City Manager to execute necessary documents.
E. BOARD AND COMMISSION
A representative of the Parks and Recreation Advisory Board will make a report to Council at this time.
A representative of the Youth Advisory Board will make a report to Council at this time.
As part of the annual budget process, the Finance Department conducts a Citizen Survey as a method for measuring the quality and performance of City-provided services. The annual survey also helps obtain citizen viewpoints of the community as well as their overall interest and participation in public meetings, workshops, sponsored events, and other City-related activities.
During January 2009, a total of 1,045 survey questionnaires were mailed to a randomly selected sample of adult residents living within the City. The survey drew an excellent response rate as 338 respondents, or 32.3%, replied to the questionnaire. The first part of the 2009 Citizen Survey instrument included 44 questions pertaining to City-provided programs and services. Citizens were asked to rate their level of satisfaction with each service on a scale of one to five, with one being a “very low” level of satisfaction and five being a “very high” level of satisfaction.
levels of citizen satisfaction from year to year helps to identify trends,
especially those in which satisfaction ratings may have significantly increased
or decreased over a period of time.
While the survey results help to identify these trends, further
investigation is often necessary to properly analyze a problem and recommend
appropriate corrective measures. The survey
also included 9 questions regarding aspects of life in
Results and information obtained from these questions assist in developing new and improved methods for communicating important community issues and encouraging continued citizen participation. The results of the 2009 Citizen Survey are summarized in the attached report.
City Manager’s Comments: The return rate was extremely good. The input that we received was very valuable and useful not only from a budgeting standpoint but also from an operational standpoint.
Our staff is committed to improving in those areas identified in the survey as needing improvement. We are committed to maintaining those areas where citizens continue to rate our level of service as extremely high. It will be a challenge to continue to provide services wanted by the citizens at the levels they desire in this economic environment.
G. PUBLIC SAFETY
Attached is an ordinance amending the liability insurance provisions of the Port Orange Code of Ordinances to increase required coverage.
Attached is a resolution of the City of
Florida Statute 166.043(1)(b)(2004) provides that
local governments may enact rates for the removal and storage of wrecked and
disabled vehicles from an accident scene or in the event the owner or operator
is incapacitated, unavailable, leaves the procurement of wrecker service to the
law enforcement officer at the scene, or does not consent to the removal of the
vehicle. This resolution will amend the
maximum rates for nonconsensual tows within the City of
Staff recommends that Council approve the attached resolution amending rates which may be charged by wreckers within the City Limits.
The U.S. Department of Justice, Office of Community Oriented Policing Services is seeking applications for funding for the COPS Hiring Recovery Program. This program will assist law enforcement agencies to create and preserve sworn officer jobs and increase their community policing capacity and crime prevention efforts. CHRP grants cover 100% of the approved entry-level salary and fringe benefits of each newly hired sworn law enforcement officer for three years. All grant recipients must retain any CHRP funded officer positions awarded for at least 12 months after the 36 months of federal funding has ended.
The Port Orange Police Department is requesting grant funding for eleven additional law enforcement officers. Hiring new officers under this grant will include filling three existing officer vacancies that have not been funded for the past two years. CHRP grant funds must not be used to replace local funds that agencies otherwise would have devoted to sworn officer hiring. There is no local match or cap on the amount of funding that can be requested but CHRP funding will be based on our agency’s current entry-level salary and fringe benefits for full time sworn officers. The attached document details the estimated cost to the City for the life of this grant.
Staff recommends that Council authorize the Port Orange Police Department to apply for the COPS Hiring Recovery Program Grant.
Comments: As part of the Economic
Stimulus Package, Congress provided funding for Police Officers. The grant can be used to fund the 3 vacant
positions. As you will recall, we have
budgeted with a vacancy factor of 3 in the Police Department. If funded, this would allow the Department to
be at full staff. Also, the Department
has requested the City Council authorize application for 8 additional Police
Officers. There is a funding commitment
from the City beyond the 36 months.
Also, there is a funding requirement for the City to fund a portion of
the fringe benefits of the new positions.
There is a cap that has been placed on retirement benefits that can be
paid from the grant. The grant is a
declining amount each year. That means
that the City would be responsible for funding a portion of the salaries in the
second year of the grant and a larger amount during the third year of the
grant. Finally, in the fourth year, the
City would be responsible for full funding of the positions. Having to fund
beyond the grant term does cause me concerns since potentially in year 4, the
A representative of the Port Orange Police Department will present a report that will detail the number of traffic violations, sound violations, activity, and complaints that were investigated during Bike Week.
previous FIND grant funded the design and permitting of the launch and walkway
at the Russell property. The City seeks
assistance from the FIND grant program to construct a canoe launching facility
The City is requesting $100,000.00 from the FIND program and matches the request with $100,000.00 in cash. The City will also seek funding from the Volusia County Ponce de Leon Inlet & Port District Coastal Partnership Program to offset the match.
The FIND program specifically requires that Attachment E-6 and its related language be approved.
Staff recommends that Council approve the attached resolution authorizing the City Manager to submit a grant application to the Florida Inland Navigation District (FIND) grant program, provide a match, and authorize the Mayor and City Manager to execute any agreements or contracts.
City Manager’s Comments:
The City Council Distribution Form last week had the wrong
information and that is why it was pulled and referred back to the staff. The form should have stated that the grant
was for the dock at the Russell property.
As you will recall, the Russell property is a water-accessed parcel
owned by the City of
I. COUNCIL COMMENTS
At this time, Council Members may discuss various matters of concern.