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 21, 2010

 

Date:               September 16, 2010

 

 

 

A.                 OPENING

 

Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call

 

 

B.                 PUBLIC HEARING

 

Item 4 -           Discussion of Final Millage Rate and Operating Budget for FY 10/11

 

At this time, Council will discuss the final millage rate and the proposed operating budget for FY10/11.

 

City Manager Comment:  On Wednesday, September 15, 2010, the City Council reviewed potential changes to the General Fund budget.  All funds are in balance. The preliminary millage rate for the General Fund is 4.95 mills.  This was voted on by the City Council at the last Council Meeting.  This rate is below the roll back rate.  The entire budget is ready for adoption.

Item 5 -           Resolution No. 10-74 - Adopting the Final Millage Rate for FY10/11

 

The attached resolution will adopt the final millage rate for FY10/11.

 

City Manager Comment:  I am recommending that the millage rate of 4.95 mills be adopted for the fiscal year that begins on October 1, 2010.

 

Item 6 -           Resolution No. 10-75 - Adopting the Final Operating Budget for FY10/11

 

The attached resolution will adopt the final operating budget for FY10/11.

 

City Manager Comment: I am recommending the budget for the upcoming fiscal year be adopted.

 

Item 7 -           Resolution No. 10-76 - Adopting the Final Capital Budget for FY10/11

 

The attached resolution will adopt the final capital budget for FY10/11.

 

City Manager Comment: I am recommending the capital budget be adopted.

 

Item 8 -           Resolution No. 10-77 - Adopting the Final Millage Rate for FY10/11 for Town Center Community Redevelopment Agency

 

The attached resolution will set the final millage rate for FY10/11 for the Town Center Community Redevelopment Agency.

 

City Manager Comment: I am recommending the millage rate for the Town Center CRA be adopted.  It is the same millage as approved for the City operations.  The City Council can not reduce or increase the CRA millage above or below what has been approved by the City Council for the General Fund.  Therefore, it is recommended that the City’s CRA millage of 4.95 mills be approved for Town Center.

 

Item 9 -           Resolution No. 10-78 - Adopting the Final Operating Budget for FY10/11 for Town Center Community Redevelopment Agency

 

The attached resolution will set the final operating budget for FY10/11 for Town Center Community Redevelopment Agency.

 

City Manager Comment:  I am recommending approval of the Town Center CRA.  The CRA has reviewed and approved this budget.

 

 

 

 

 

 

Item 10 -        Resolution No. 10-79 - Adopting the Final Millage Rate for FY10/11 for Eastport Community Redevelopment Agency

 

The attached resolution will adopt the final millage rate for FY10/11 for the Eastport Community Redevelopment Agency.

 

City Manager Comment: I am recommending the millage for the Eastport CRA be adopted.  It is the same millage as approved for the City operations.  The City Council can not reduce or increase the CRA millage above or below what has been approved by the City Council for the General Fund.  Therefore, it is recommended that the City’s CRA millage of 4.95 mills be approved for Eastport.

 

Item 11 -        Resolution No. 10-80 - Adopting the Final Operating Budget for FY10/11 for Eastport Community Redevelopment Agency

 

The attached resolution will adopt the final operating budget for FY10/11 for the Eastport community Redevelopment Agency.

 

City Manager Comment: I am recommending approval of the Eastport CRA as recommended by the Eastport CRA Board.

 

C.                SPECIAL RECOGNITION AND PROCLAMATIONS

 

Item 12 -        pogTV Film Festival Winners

 

Now in its 3rd year, the pogTV Film Festival received 14 shorts films from six different local high schools.  Judging was based on creativity, technical merit, production abilities, and concept. The goal of the Port Orange Govt. TV (pogTV) Film Festival is to enhance and encourage the educational experience of the participants by providing a real world educational opportunity beyond the classroom.

 

The first place winner in the High School Film Group was “Internet Friends,” by Mainland High School filmmaker Tiffany Burnett.  The film takes a look at the dangers of online chatting.  Tiffany also won the Overall pogTV Film Festival Award via a week long online vote: 130 to 126.

 

Second Place in the High School Film Group went to Caroline Given from Father Lopez High School. Her film, “He Changes Everything,” addresses how fashion and our culture places pressure on young girls to achieve a certain look. 

 

City Manager Comment: The City of Port Orange has been fortunate that a number of private sector sponsors have supported this annual film festival.  This allows both high school and college students an opportunity to showcase their work.  I want to express my appreciation to the judges, sponsors and to all the participants.  Also, thank you to the City Council for allowing pogTV to host this event.

 

D.                BOARD APPOINTMENTS

 

Item 13 -        Eastport CRA (1 term to Expire 9/21/12)

 

One (1) appointment needs to be made to the Eastport CRA Board with the term to expire on September 21, 2012.

 

Attached is the only application currently on file for this board.

 

City Manager Comment: There has been a position open on the Eastport CRA Board for several months.  We have a representative of one of the businesses in Eastport who is willing to serve on the Board.  Attached is the application. 

 

Item 14 -        Municipal Police Pension Fund – Fifth member (1 term to expire 9/30/12)

 

At their meeting on August 20, 2010, the Municipal Police Officers Pension Fund reappointed Tim Wright to serve as the Chairman and fifth member of the Police Pension Board.  City Council must approve this appointment.


Staff recommends Council appoint Tim Wright to serve on the Municipal Pension Fund as the fifth member with the term to expire on September 5, 2012.

 

City Manager Comment: State Law provides for the four members of the Police Pension Board to submit the name of the fifth member to the City Council for approval.  Tim Wright is currently serving as the fifth member of the Board.  Tim is a member of the Port Orange Police Department.  He has served as the Chair of the Board.   

 

E.                 CITIZEN PARTICIPATION (Agenda)

 

Item 15 –       Request for a Traffic Light at Intersection of Boggs Ford and Taylor Roads

 

A group of citizens has contacted the Clerk about submitting a petition to the City Council for a traffic signal at the corner of Boggs Ford and Taylor Road.  Taylor Road is a County road at this location.  The City would have to request that the County conduct a warrant study to determine whether a signal is warranted at this location.  If the County determines that the signal is warranted at this location, then the City would be allowed to install a signal at Boggs Ford Road and Taylor.  It is extremely difficult to exit Boggs Ford during the early morning periods because of the heavy traffic going to and from three schools located on or near Taylor Road (Sweetwater Elementary School, Spruce Creek High School, and Spruce Creek Elementary School).

 

 

 

 

 

 

F.                 CITIZEN PARTICIPATION (Non-Agenda – 15 minutes)

 

G.                CONSENT AGENDA

 

Item 16 -        Designation to Act as Deputy City Clerk

 

Authorizing the Deputy City Clerk, Assistant City Manager and Executive Assistant to the City Manager to carry out the duties of the Deputy City Clerk will ensure adequate coverage in the City Manager/City Clerk’s Office during upcoming departmental transitions and in the absence of the City Clerk.

 

Staff recommends that the Council designate the Deputy City Clerk, Assistant City Manager, and Executive Assistant to the City Manager as positions with authority to act as the Deputy City Clerk in the absence of the City Clerk.

 

City Manager Comment: With the retirement of both Shirley Kelly and Becky Groom on September 30, 2010, there is a need to authorize individuals to act as Deputy City Clerk.  There are times when the City Manager serves as the City Clerk and is required to have his signature attested.  We need individuals designated to attest those signatures.  I am recommending that the Assistant City Manager, the Executive Assistant to the City Manager and the individual who is selected to serve as the Deputy City Clerk be authorized to serve as Deputy City Clerks.  Currently, both Shirley and Becky are authorized to act as Deputy City Clerks.  Becky only signs when Shirley is on vacation or not available.

 

Item 17 -        Special Event Request – The Last Resort Bar, Best Cars, Hedonist Cycles and Hunt for Cars

           

Mr. Al Bulling, owner of The Last Resort Bar, 5812 South Ridgewood Avenue, and agent for Best Cars, 5816 Ridgewood Avenue, Hedonist Cycles, 5840 Ridgewood Avenue and Hunt for Cars, 5796 Ridgewood Avenue, requests approval of a Special Event to be held during Biketoberfest 2010. The proposed event is planned for a seven (7) day period from Monday, October 11, through Sunday, October 17, 2010. 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 2010. 

 

Staff recommends that Council approve the Special Event Request for The Last Resort Bar, 5812 South Ridgewood Avenue, Best Cars at 5816 Ridgewood Avenue, Hunt for Cars at 5796 South Ridgewood Avenue, and Hedonist Cycles at 5840 South Ridgewood Avenue, to waive the $250 surety bond, subject to twenty-five (25) conditions outlined in the attached staff report

 

 

 

 

 

 

Item 18 –       Building Activity Report and Monthly Development Activity Report for July and August 2010

 

The attached Staff Reports include the Development Activity Report for August 2010 and the Building Activity Report for July 2010.  These reports provide information on proposed development and projects under construction, commercial code enforcement activity and monthly building permits and inspection updates.

 

Staff recommends that Council accept the Staff Reports (Building Activity Report and Monthly Development Activity Report) for July and August 2010.

 

Item 19 –       Approval to Renew Contract with USA Services of Florida Inc. for Street Sweeping Services

 

Our contract with USA Services Inc. for street sweeping expires September 30th. USA Services Inc. has renewed their contract with the Florida Department of Transportation and they are willing to allow us to piggyback this contract.  Cost per curb mile will remain unchanged at $30.48. Based on current miles of roadway under contract, 3,140.17 miles, total annual cost will be $105,771.39.  Funds are available in Account #41061005343414.

 

Staff recommends approval to piggyback FDOT’s contract with USA Services Inc. for street sweeping services for a total annual cost not to exceed $105,771.39

 

Item 20 –       Contract Extension – Glover Oil – Fuel Purchases

 

The County of Volusia issued a cooperative bid for fuel acquisition last year.  Port Orange was one of the entities that participated in that cooperative bid (09-B-30VO). The bid was awarded to multiple vendors in order to satisfy all the entities participating.  In that bid was the option for four (4) one year renewal extensions, each one year.  This first extension was granted and approved by the County Council in May.  The purchase of this City’s fuel is handled through the Glover Oil Company, who has been a very responsive and responsible vendor.  Staff therefore recommends that the City Council approve this contract extension for this acquisition for another year as well.

 

Item 21 –       Approval to “Piggyback” State and County Contracts to Purchase Tires for Fleet Vehicles

 

Each year, staff requests approval to piggyback State and County contracts in order to purchase tires for fleet vehicles at the lowest price possible.  Staff requests approval to piggyback State contract #863-000-10-1 and Sheriff’s contract #09-10-04-0120 to purchase tires through approved vendors, McGee Tires Stores, Inc. and Boulevard Tire Center.

 

Staff recommends approval to piggyback State contract #863-000-10-1 and Volusia County Sheriff’s contract #09-10-04-0120 in order to purchase tires a the lowest price available.

 

 

Item 22 –       Allen Green Civic Center HVAC System Cost Share Agreement

 

As part of their lease obligations at the Allen Green Civic Center, Palmer is responsible for all of the interior and exterior maintenance of the facility.  The City is responsible for the roof and the HVAC system.  Palmer is currently making significant improvements to the building, including interior modifications and material upgrades in excess of $500,000.  A portion of the improvements requires additional supply capacity and Palmer will be responsible for the associated cost.   Other improvements to the system to increase supply within the corridors and existing office spaces are necessary to adequately address the commercial nature of the building.

 

The original system was designed for a church use and was limited in size and capacity.  The improvements would be overseen by Palmer through their existing building contractor and would not require a City project manager.  These improvements, along with future replacement of the condenser unit will upgrade the facility for existing and future uses.  The Building Department has reviewed the plans and specifications and believes the labor and material costs reflect appropriate valuation.  As requested by City Council, copies of Palmer’s HVAC proposals and warranty information are attached.

 

Staff recommends that the cost share agreement be approved and that in lieu of cash, rental credits be provided to Palmer beginning the first full month after the work has been completed in the following manner: month one, credit of $31,836.17; month two, credit of $31,836.17; and month three, credit of $27,310.66.

 

Staff requests that Council approve a cost share agreement with Palmer College Foundation, Inc. (Palmer) for design and construction of HVAC system upgrades in the Allen Green Civic Center in the amount of $90,983 to be provided as a rental credit and authorize the Mayor and City Manager to execute all necessary documents.

 

City Manager Comments: The Mayor asked that we provide the City Council with the bids that were received by Palmer related to the air conditioning work at the Green Center.  This process has worked extremely well for the City in the past.  It places the responsibility on one contractor and avoids finger pointing during construction.  The prices have been reviewed and appear to be reasonable.  Under the lease agreement, the City is responsible for the air conditioning units.  Palmer is willing to receive rental credits and pay the contractor directly for the work.

 

 

 

 

 

 

 

 

 

 

H.                 TABLED ITEMS

 

Item 23 –       Bid Award – SHIP Rehabilitation at 401 Herbert Street to Misiano Construction and Remodeling, Inc (tabled 8/17/10)

 

This item is ready for City Council action.  The City staff has been in contact with the property owner about the Council concerns.  The owners qualify for the SHIP rehabilitation program.  The staff has been working with this property owner for many months attempting to bring the home into compliance with City codes.  This is our best opportunity to get this house brought up to standard. 

 

 

I.                     REPORT FROM ADVISORY BOARD

 

Item 24 -        Citizen Advisory Committee for the Volusia Transportation Planning Organization (formerly the MPO)

 

A representative of the Citizen Advisory Committee for the Volusia Transportation Planning Organization will make a report to Council at this time.

 

 

J.                  COMMUNITY DEVELOPMENT (Wayne Clark)

 

Item 25 -        Request from the Volusia T.P.O. to Obligate Matching Funds for the Design and Construction of the South Spruce Creek Road Sidewalk

 

The City proposes to construct a sidewalk/bicycle facility on the west side of Spruce Creek Road, extending from Taylor Road south to Central Park Boulevard.  The project was first identified in the Safe Routes to School Study conducted for Spruce Creek Elementary. In May 2009, the City Council approved submittal of this project to the Volusia T.P.O. for priority ranking. The project was ranked as the number 3 priority on the XU Bicycle/Pedestrian Project priority list of projects to be studied.

 

The feasibility study (see attached) was prepared in March of this year, and the City provided its local match of $1,330.86 for conducting the study this past May. Based on the feasibility study, the total project cost is estimated to be $282, 336.47, of which the City is responsible for 15% ($42,350.47) under the VTPO XU Grant program. The VTPO is now asking the City to obligate the funds for the design and construction of the project. Approving this request will commit the city to providing the local match for this project in FY 13, when the project is scheduled for design and construction. The project is listed in the Volusia T.P.O.’s adopted 5-year TIP (Transportation Improvement Program, as well as in the City’s adopted FY11-16 CIP (Project No. 201102).   Funding for the local match is available in Fund 312 (impact fees).

 

Staff recommends Council commit local matching funds for the design and construction of the south Spruce Creek Road sidewalk project, as requested by the Volusia Transportation Planning Organization (T.P.O.)

Item 26 -        Update on Various Properties in Port Orange

 

The City Council asked several questions about a variety of properties in Port Orange at a recent City Council Meeting.  Attached is Community Development Department’s response.

 

 

K.                 PUBLIC UTILITIES (Roger Smith)

 

Item 27 -        Resolution No. 10-81  - Amending Wetland Mitigation Bank Policies Increasing Eligibility for Other Public Projects and Providing Certain Price Incentives for Reservation Agreement Closings

 

The City owns and operates a Wetland Mitigation Bank within the boundaries of the central wellfield, under St. Johns River Water Management District permit #4-127-64024-1 and Department of Army Corp of Engineers permit #SAJ-2003-7849. Policies and fees for the Mitigation Bank were established per Resolution No. 06-59, and most recently revised per Resolution No. 09-03.  Mitigation banking is a process in which large areas of existing wetlands and/or uplands are restored and/or enhanced to mitigate, or offset, the loss of other wetlands or surface waters that are destroyed to make room for new homes, businesses, roads, utilities or other activities.

 

Currently the City has 96 state credits and 157 federal credits available for sale.  Under current City policy the sale of wetland credits has been limited primarily to development within the City limits and in instances when a nearby project has directly benefitted the interests of the City.  In an effort to sell more available credits in a progressively more competitive market, staff is recommending increasing eligibility to other public agency projects benefitting the public good and providing incentive pricing for reservation agreement closings.

  

Staff respectfully recommends approval of attached resolution.

 

L.                  PUBLIC SAFETY (Gerald Monahan and Tom Weber)

 

Item 28 -        First Reading – Ordinance No. 2010-26   -Amending the Fire and Rescue Pension Fund

 

Attached is the proposed Fire Pension Ordinance.  This Ordinance amends the City of Port Orange Fire Officers’ Pension Fund, in order to clarify and consolidate all prior ordinances and Code provisions.  It incorporates changes in the Federal law, IRS requirements, and the applicable provisions of Chapter 175, Florida Statutes.  Preparation of impact of financial change is currently in process. The related impact report is being prepared by Foster and Foster, and will be finalized and attached to the Ordinance on second reading.

 

Staff recommends approval of the ordinance.

 

City Manager Comment: These changes are required by law. 

 

Second Reading – September 28, 2010

 

 

Item 29 –       Resolution No. 10- 83  -Contingency Transport Resolution

 

The Fire Department is requesting approval of a joint resolution with the regional Cities that, through the expansion of the existing Certificate of Public Convenience and Necessity (COPCN) to include the ability to transport patients under atypical conditions, will allow the fire department to submit to Volusia County for legal status as a Contingency Transport Agency.  This resolution is required to have the City and its elected officials recognized by Volusia County as interested in being considered to provide this service for our community. If the resolution is approved by the City, the resolution and an application to amend our current COPCN will then be submitted for consideration for approval to Volusia County to legally recognize us as a transport agency meaning the department will be recognized by Volusia County to transport sick and injured persons to the hospital when the contracted transport provider (currently EVAC ambulance) is either unable or unavailable and the patient requires additional medical care that can only be provided by the hospital. Contingency Transport status will not require additional personnel or costs to the system and is purely a matter of administrative procedure to qualify the Port Orange Department of Fire and Rescue for legitimate Contingency Transport Status.

 

Without approval of this resolution, the fire department will not be able to legally transport patients to the hospital unless there is a formally declared emergency within Volusia County and transportation of sick and injured by fire department personnel, and based on past practice by Volusia County EMS, would result in punitive action from the County and State agencies.

 

City Manager Comment: At a previous City Council meeting, the Council authorized the City Manager to notify the County that it was interested in contingent transport.  In discussion with members that participate in the Regional Communications Center, it was determined that a common resolution would be prepared and given to each City governing board.  This would provide a regional approach.  The attached resolution is one that is being presented to the City Councils of South Daytona, Port Orange, Edgewater, the Town Council in Ponce Inlet, and the City Commission in New Smyrna Beach for their consideration.  The Resolution when adopted by each governing body will then be submitted to the County.  This is not an application for full transport.  It is only a Resolution of support for being allowed to do contingent transport.

 

M.                ADMINISTRATION (Ken Parker)

 

Item 30 –       First Reading – Ordinance No. 2010-27 Amending Chapter 54, Article III, Section 54-47 of the Code of Ordinances Relating to Membership

 

At their June 22, 2010 meeting, the City Council authorized the City Manager to bring back an amendment to the General Employees Pension Ordinance whereby all new eligible employees hired after the effective date of the revised Ordinance would be included in the City’s 401 Defined Contribution Program.  They would also be eligible for the City’s 457 Deferred Compensation Program.

 

Staff recommends approval of Ordinance No. 2010-27 amending Chapter 54, Article III, Sec. 54-47, Membership GENERAL EMPLOYEES’ RETIREMENT SYSTEM, City of Port Orange Code of Ordinances providing that all new eligible employees be enrolled in the ICMA-RC Money Purchase Plan and Trust for general employees (401A Defined Contribution Plan) effective October 1, 2010 and not offered participation in the City of Port Orange General Employees Defined Benefit Plan.

 

Second Reading:   September 28, 2010.          

 

City Manager Comment: This Ordinance will change the retirement system for Civil Service covered employees who are hired on or after October 1, 2010.  This does not apply to any employees covered by the PEA contract.  Currently all General Employees, unless specifically covered by an individual contract, are members of the General Employees Pension Plan.  The General Employees Pension Plan is a defined benefit plan. This proposal would change Civil Service employees hired on or after October 1, 2010 into a defined contribution program. 

 

N.                 COUNCIL COMMENTS

 

Item 31 –       Comments/Concerns from Council Members

 

At this time council members may discuss various matters or concerns.

 

 

 

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