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
Item 1 - Pledge of Allegiance
Item 2 - Silent Invocation
Item 3 - Roll Call
B. PUBLIC HEARING
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.
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.
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.
The attached resolution will adopt the final capital budget for FY10/11.
City Manager Comment: I am recommending the capital budget be adopted.
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
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.
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.
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
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.
first place winner in the High School Film Group was “Internet Friends,” by
City Manager Comment: The City of
D. BOARD APPOINTMENTS
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.
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)
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
F. CITIZEN PARTICIPATION (Non-Agenda – 15 minutes)
G. CONSENT AGENDA
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.
Al Bulling, owner of The Last Resort Bar,
recommends that Council approve the Special Event Request for The Last Resort
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.
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
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
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.
As part of their lease obligations at the
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
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
H. TABLED ITEMS
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
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)
The City proposes to construct a
sidewalk/bicycle facility on the west side of
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
City Council asked several questions about a variety of properties in
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)
is the proposed Fire Pension Ordinance.
This Ordinance amends the City of
Staff recommends approval of the ordinance.
City Manager Comment: These changes are required by law.
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
approval of this resolution, the fire department will not be able to legally
transport patients to the hospital unless there is a formally declared
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
M. ADMINISTRATION (Ken Parker)
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.
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
At this time council members may discuss various matters or concerns.