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             


Date:               March 30, 2009




A.        OPENING


Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call



B.                 SPECIAL REPORT


Item 4 -           Discussion – Alligator Enduro and Wellfield Fires


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


Item 5 -           Approval of Minutes


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.


Item 6 -           Update on Construction Projects


Attached is the report from Quentin L. Hampton Associates, Inc., regarding construction projects.  If you have questions, please contact either Mark Hampton or me.


Item 7 -           Update on Recreational Facilities


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


Item 8 -           Road Construction Report


Attached is the report from Public Works.  If you have questions, please contact either Warren Pike or me.



Item 9 -           Waive Purchasing Procedures for the July 4th Fireworks


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.


Item 10 -        PBA Lieutenant’s 2008-2009 Union Contract


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.


Item 11 -        Acceptance of Settlement in the Case of Evan L. Lysaght and Marie Lysaght vs. City of Port Orange


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 Port Orange arising out of a motor vehicle accident with a Port Orange police officer and a City-owned vehicle.  Plaintiffs allege that as a result of the negligence of the police officer in the operation of the City owned vehicle, they have suffered personal injury.  This incident occurred on or about June 22, 2006.  The weather and road conditions did not play a part in this accident.   The Plaintiffs were traveling east bound in the parking lot, Port Orange police officer was operating a City vehicle heading south bound on an access road into the same parking lot.  The Officer stopped at the stop sign for the intersection of the two roadways.  As he proceeded forward from the stop sign the Plaintiffs approached from his right hand side at a high rate of speed.  He immediately stopped his vehicle.  However, the Plaintiff continued heading east bound and the front push bar on his police vehicle made contact with the left side of the Plaintiff’s vehicle. 


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 Port Orange, Case No. 2007-30365 CICI pursuant to the terms set forth in the settlement agreement for Marie Lysaght only.


Item 12 -        Rose Bay Funding Agreement


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, City, Volusia County and Florida Inland Navigation District (FIND) formalize the partnership by each committing $1 million toward the unmet sponsor match.  Each partnering agency, with the exception of FIND, executed the agreement.  FIND has indicated that they will fund only that portion of the unmet match which exceeds $3 million, up to a total amount of $1 million.  The District still anticipates a total project cost of $4 million.


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


Item 13 -        Parks and Recreation Advisory Board


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


Item 14 -        Youth Advisory Board


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


F.                 FINANCE


Item 15 -        Discussion – Citizen Survey Report – March, 2009


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. 


Measuring 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 Port Orange; 8 questions about participation in City meetings, sponsored events, and utilization of City services; 6 questions concerning key City goals and objectives; and 6 questions regarding the demographics of the sample population.


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


Item 16 -        First Reading - Ordinance No. 2009-8  - Amending Chapter 18, Section 18-227 of the Code of Ordinances Relating to Wrecker and Towing Services Liability Insurance


Attached is an ordinance amending the liability insurance provisions of the Port Orange Code of Ordinances to increase required coverage.


Second Reading:   May 5, 2009


Item 17 -        Resolution No. 09-26 - Wrecker Rates


Attached is a resolution of the City of Port Orange, Volusia County, Florida, amending rates which may be charged by wreckers within the City Limits as authorized by Port Orange Code of Ordinances Section 18-226.


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 Port Orange. The initial maximum tow rates list is attached as Exhibit A.


Staff recommends that Council approve the attached resolution amending rates which may be charged by wreckers within the City Limits.


Item 18 -        COPS Hiring Recovery Program Grant


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.


City Manager’s 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 City of Port Orange would be responsible for an additional $600,000 annually based on current starting salary and fringe benefits provided by the City at this time.  That number could be less depending on contract negotiations.  There is no doubt that additional officers would benefit the residents and provide better coverage.  As you will recall, we started a program to increase the number of officers.  The legislative changes and the economy have prevented us from implementing a gradual increase in the number of officers.  As the City Council may recall, Chief Monahan pointed out that with the increase in commercial activity in Port Orange along with the residential units that were constructed prior to 2007, we had a need for an additional patrol zone.  This would allow us to implement the new patrol zone.  Although there is general agreement that the 8 additional Police Officers are needed, I do not have a plan of action that would allow the City to absorb the salary of the additional officers at the end of the grant period.  At a minimum, we should apply for the funds to allow us to bring our existing staffing level up to the budget authorized level.


Item 19 -        Bike Week 2009 Report


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.


H.                 ADMINISTRATION


Item 20 -        Resolution No. 09-25 - Florida Inland Navigation District (FIND) Grant (Russell Canoe Launch & Ramp Construction – Phase 2)


Port Orange purchased the Russell property in 2005 with funding assistance from a state grant.  Situated on the historic Spruce Creek, grant acquisition funding for the 17 acre property was based on the construction of a water access facility. 


A 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 and ADA walkway ramp.   


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 Port Orange.  The dock at Russell would allow it be used as a public recreational area.  At the last City Council Meeting, you approved submission of a grant application for ECHO funds.   We would use ECHO funds to match the FIND monies as well as using FIND to match ECHO monies.  The acceptance of either of the grants will be contingent upon the receipt of the other.




Item 21 -        Comments/Concerns from Council Members


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