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

                        June 23, 2009


Date:               June 15, 2009




      A.        OPENING


Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call



B.                 SPECIAL REPORT


Item 4 –          Report from KemperSports Management


A representative of KemperSports will make a report to Council at this time regarding the Golf Club at Cypress Head.


Item 5 -           Port Orange-South Daytona Chamber of Commerce Quarterly Report


Debbie Connors, Executive Director of the Port Orange-South Daytona Chamber of Commerce, will make a report to Council at this time.


Item 6 -           Annual Audit Report – Brent Millikan and Company


A representative of Brent Millikan will make a report to Council regarding the City’s audit at this time.



C.                CITIZEN PARTICIPATION (Non-Agenda – 15 Minutes)

D.                CONSENT AGENDA


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 -           “Piggyback” School Board of Hernando County Bid for Bleachers


Coraci Sports Park needs bleachers to enable parents and spectators to sit and watch the games.  The School Board of Hernando County bid out and awarded a contract that we can “piggyback” to Playmore Recreational Products & Services.  Aluminum bleachers are one of the items listed under this contract.  The cost to purchase four (4) of these aluminum bleachers using this contract is $26,333.08.  Staff recommends that Council approve “piggybacking” the School Board of Hernando County’s bid, Contract No. 05-480-12-RN to purchase four (4) aluminum bleachers from Playmore Recreational Products & Services in the amount of $26,333.08.


Item 9 -           Florida League of Cities Voting Delegate for Orlando Conference


Vice Mayor Mary Martin will be attending the Florida League of Cities Conference in Orlando.  It is recommended that Vice Mayor Martin represent Council as the City’s voting delegate.


Item 10 -        RFSQ for Engineering Services for the B-23 Canal Dredging and Seawall Construction


The City of Port Orange received proposals from three engineering firms to complete the design of the seawalls and dredging for the B-23 Canal.  A review committee recommends the ranking of the firms in the following order:  DMC, PBS&J, and Taylor Engineering.  It is recommended that staff be authorized to negotiate a contract with DMC for final design of the seawalls and dredging for the B-23 canal.


E.                 TABLED ITEMS


Item 11 -        Second Reading – Ordinance No. 2009-4 – Repeal Ordinance No. 2008-19 – Small Scale Future Land Use Amendment – Summit Golf Center (Tabled 4/28/09)


Staff recommends that this item remain on the table.


F.                 FINANCE


Item 12-         Resolution No. 09-41 - Energy Fee Resolution


Last year, the City Council changed the portion of the water, sewer, and reclaim water rates that applied to energy from being a constant in the rate structure to a variable.  The base rates were lowered removing the energy related charges and replaced them with the variable rate.  The initial rate resolution called for the energy charges to be examined and adjusted by the City Council each 6 months.  Energy charges have moderated over the past several months.  Therefore, we are recommending an adjustment of the energy fee downward in water and sewer and remaining unchanged in reclaimed water.  The new rates would go into effect in July.    


City Manager’s Comments:  When we presented this concept to the City Council several months ago, we indicated that the energy charge had the ability to be flexible, meaning the energy charges could go up or down depending on the cost of energy and energy related items.  For water, the cost will go down by $.03 per thousand gallons of usage.  For a typical 5,000 gallon user, this will mean that their water bill be adjusted downward by $.15.  In the case of a sewer customer, the cost will go down by $.03 per thousand gallons of usage after the first 1,000 gallons.  For a customer who is being charged for 5,000 gallons of usage, it would mean that they would see a $.12 reduction in their sewer bill. 


Item 13 -        Resolution No. 09-42  - Water and Sewer Rate Resolution


There are no rate adjustments included in this Rate Resolution.  What is included is clarifying language.  The first change occurs on page 18 of the Resolution under Section 17 (H).  It simply clarifies when the energy charge begins.  For purposes of calculating the energy charge on sewer usage, it begins after the first 1,000 gallons of water usage.  The second change occurs on page 20 in Section 20 (C).  This applies to the Reclaimed Water charges.  It simply clarifies when reclaim water energy charges begin for reclaim water usage.  It applies to the overage of the base charge. 


Item 14-         Resolution No. 09-43  - Solid Waste


Attached is the revised Solid Waste Rate Resolution.  This Resolution leaves solid waste rates unchanged, however, clarifies Section 1-C related to charges to mobile home parks.  It formalizes a policy we have been providing for many years which allow mobile home parks to self report the number of unoccupied mobile home sites.  As there are no structures located on these sites, the mobile home site owner is totally exempt from garbage fee collection for these vacant lots.


Also, for clarification, the mobile home park owner is permitted to report those units not currently occupied and on vacation status.  For unoccupied units, the City allows for one half the normal solid waste rate.  These type of exemptions and reductions are subject to City verifications and reviews.


Staff recommends approval of the attached resolution.


City Manager’s Comments:  For many years, the City has operated under this policy and has found that it works extremely well.  However, when reviewing the rate resolution, we found that there needed to be clarification language provided in the rate resolution.  You can see the changes on Pages 2 and 3 of the Resolution.  Currently, a residential unit that is vacant or on vacation status may qualify for one-half of the solid waste rate.  This provides a mechanism for mobile home parks to report the number of units not occupied in their park.  Also, it provides for City verification and reviews. 


Item 15 -        Monthly Financial Report


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


Item 16 -        Discussion of the Five Year CIP


At the end of April, you received a copy of the preliminary 5-Year CIP.  During the ensuing period, the staff has refined the CIP.  The CIP does reflect a reduction in capital projects.  This 5 Year Plan does not include any capital projects for improvements to Halifax/Nova Canal areas that flooded during the May storm event.  We are still working to develop a program to address the flooding caused by Halifax and Nova Canals and their tributaries.  That will be presented to you along with financing options as soon as possible.  Plan adoption will occur in August.  The first year of the plan will be incorporated into the operating budget in September.




Item 17 -        Resolution No. 09-44 - Proposed Easement Vacation – Foxboro Subdivision, Lot 3 (5789 Devon Street)


The Community Development Department has received a request to vacate a portion of the northerly side yard 10.00-feet wide Drainage Easement located on Lot 3 of the Foxboro Subdivision. Darin Burton, applicant on behalf of John J. Dee, II, the property owner, has made this request in connection with a desire to clear the property title for an existing house and shed encroachment into the easement area.


The easement vacation application has been reviewed for completeness and accuracy. Myer Land Surveying prepared the legal description for this proposal. City departments have reviewed this request with respect to City Codes and possible effects to adjacent properties and have no outstanding concerns. There are no currently planned drainage improvements proposed for this area in the near future. The portion of the easement as described in the attached Exhibit “A” may be vacated to the extent that enough easement area will remain for necessary drainage maintenance.


Staff recommends that Council approve the attached resolution vacating a portion of the 10.00-feet wide Drainage Easement located on Lot 3 of the Foxboro Subdivision, per the attached legal description.


Item 18 -        Resolution No. 09-45 – Proposed Tree Conservation Easement Vacation – SummerTrees South PUD, Phase II Subdivision, Lot 5 (6089 Spruce Point Circle)


The Community Development Department has received a request to vacate an 18.75 feet in diameter Tree Conservation Easement located on Lot 5 of the Summer Trees South PUD, Phase II subdivision. The property owner has made this request in connection with a desire to clear the property title for a tree that was previously removed. The only evidence left of the tree is a weathered stump indicating it has been several years since the tree was removed.


The easement vacation application and legal description (Exhibit “A”) have been reviewed for completeness and accuracy. City departments have reviewed this request and per Chapter 9, Article II, Section 16 b of the Port Orange Land Development Code, have requested the installation of one understory tree or palm so the property will be brought into compliance with the required minimum number of trees. Installation by the applicant and notification to the City is to be completed prior to the recording of the quit claim deed for the easement vacation.


Staff recommends that Council approve the attached resolution vacating a 18.75-feet in diameter Tree Conservation Easement located on Lot 5 of the Summer Trees South PUD, Phase II subdivision, per the attached legal description.


Item 19 -        Presentation on Proposed Projects and Activities for Fiscal Year 2009-2010 community Development Block Grant (CDBG) Funding


Community Development Block Grant (CDBG) funding for fiscal year 2009-2010 is anticipated to be $285,969.00.


The following projects/activities are proposed to be funded for fiscal year 2009-2010:


- Program Administration                                                                 $  57,197.00

- La Fayette Street Sidewalks                                                         $  57,000.00

- Orange Boulevard Sidewalks                                                       $  31,680.00

- Adult Activity Center Facility Improvements Phase 2                 $140,092.00


An additional public hearing has been scheduled for Wednesday, June 24, 2009. A required public comment period opened on June 15, 2009 and concludes July 15, 2009.  Staff will present the final FY 2009-2010 CDBG Action Plan to City Council for approval on July 21, 2009.  Submission deadline for the completed CDBG Action Plan is August 15, 2009.


Staff recommends the City Council acknowledgement of proposed projects and activities for Fiscal Year 2009-2010 Community Development Block Grant (CDBG) funding to permit continued planning process for the City’s Annual CDBG Action Plan. 


Item 20 -        Development Order Extension – Kinara Village Subdivision


Attached is the Development Order Extension for Kinara Village Subdivision.  Staff recommends approval.


H.                 ADMINISTRATION


Item 21 -        First Reading – Ordinance No. 2009-13 - Amending Chapter 54, Article IV of the Code of Ordinances regarding Fire-Rescue Pension Fund


The Fire Pension Ordinance revision addresses two specific issues.  First, the Ordinance addresses changes in the IRS and State Codes.  Those are technical amendments.  The second issue that is addressed is BAC-DROP.  The BAC-DROP is a one time option for those firefighters covered by the Plan who missed the opportunity to enter DROP.  If an individual with more than 25 years of service elects BAC-DROP, they can BAC-DROP as much as 60 months.  Their retirement date will be September 30.  For individuals who have less than 25 years but more than 21 years of service, they can BAC-DROP to their 20th year or any portion thereof but must leave employment with the City of Port Orange not later than their 25th anniversary date.  For example, an employee with 28 years of service can BAC-DROP a maximum of 5 years.  If the employee chooses to BAC-DROP the complete 5 years, then their retirement compensation would be computed on the 23 years of service, not 28 years of service.   If an employee had 24 years of service with the City, under this recommendation, an employee could BAC-DROP a maximum of 4 years of service.  The retirement calculation would be made based on 20 years of service, not the 24 years.  When an employee in the BAC-DROP program with less than 25 years of service reaches 25 years, they must leave the employment of the City.  In both cases, employees do not have to BAC-DROP the maximum number of years.  There would be no interest paid on the initial BAC-DROP contributions.  However, employees with less than 25 years of service would be eligible for interest payments based upon their selection, a fixed rate or the market rate. 


How many individuals will choose this one time option?  At this point, we have indications that several are considering it.  To date, only two have told us that they will be exercising this option should the City Council approve the BAC- DROP program.   


If adopted by the City Council, the employees would have 30 days after second reading to exercise the BAC-DROP program.  That means not later than Friday, August 21, all individuals who will be entering the BAC-DROP program must have notified the Fire Pension Administrator that they are electing this option.  Failure to do so means they will not be able to participate in the BAC-DROP program.  This is a one time option. 


Second Reading:   July 21, 2009


I.                     COUNCIL COMMENTS


Item 22 -        Comments/Concerns from Council Members


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


Item 23 -        City Council Committee Reports


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