To:                   Mayor Allen Green

                        City Council Member Robert Ford

                        City Council Member Don Burnette

                        City Council Member Dennis Kennedy

                        City Council Member Robert Pohlmann


From:              Kenneth W. Parker, City Manager


Subject:          Agenda Commentary for Regular City Council Meeting of

                         December 7, 2010


Date:               December 1, 2010




A.           OPENING


Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Swearing-In Ceremony

Item 4 -           Roll Call

Item 5 -           Election of Vice Mayor

Item 6 -           Order of Business


Annually, the City Council reviews the Agenda format to make sure that it is arranged in a logical order for conducting business.  Does the City Council desire to use the same Agenda format for the coming year?


The City Council has adopted Roberts Rules of Order as its parliamentary guide.  Does the City Council desire to continue using Roberts Rules of Order?


The City Council has adopted a Citizen Participation Policy.  Does the City Council desire to make changes to the existing Policy?  The Policy was adopted by Council Resolution.  Our policy has been used by many local governments when they were developing their Citizen Participation Policy. 


Item 7 -           Appointments to Council Committees


Below is a listing of committees and the current Council Member, where applicable, assigned to that committee.



                        City Investment Committee

Communications Interlocal Agency–Mayor Green and Kenneth W. Parker

                        General Employees Retirement Trust Fund

Golf Course Board of Directors – Mayor Green and Kenneth W. Parker

                        Library Advisory Board – Councilman Kennedy

                        Transportation Planning Organization

                        Municipal Firefighters Pension Board – Councilman Pohlmann

                        Municipal Police Officers Retirement Trust – Councilman Kennedy

                        Port Orange-South Daytona Chamber of Commerce – Mayor Green

                        Volusia Council of Governments – Mayor Green

                        Volusia League of Cities – Mayor Green

                        YMCA – Councilman Pohlmann


Appointments will need to be made for service on these committees for 2011.


Annually, the City Council determines who will serve on various committees.  Normally, the City Council uses consensus to determine who will serve on what committee.





Item 8 -           Presentation of Annual Investment Performance by Public Financial Management, Inc.


Each year the City’s investment firm PFM Asset Management, LLC prepares an annual report that portrays the City’s investment performance for the past fiscal year and is required to appear before the City Council.   A copy of this report is attached.


A Representative from PFM will provide the City Council with a performance report.  Steve Alexander will be present to review this report with City Council and respond to any questions on Tuesday night.





This is the annual organizational meeting of the Port Orange Property Development, Inc.  Separate agendas have been prepared for each of the meetings. 




This is the annual meeting of the Design Review Board of the Port Orange Property Development, Inc. 




This is the annual meeting of the City Center Corporate Park Property Owners Association.




This is the Annual Meeting of the Golf Club at Cypress Head, Inc.




This is the annual meeting of the Port Orange Business Park Property Owners Association, Inc.





Item 9 –          Board Appointments and Interviews


At this time, Council will appoint representatives of Council to serve on the following committees:

a.    Eastport Redevelopment Agency (1 term to expire on 12/7/14)

With Larry Fornari’s expired term, one appointment needs to be made to the Eastport Redevelopment Agency with the term expiring on December 7, 2014. 


Mr. Fornari wishes to be re-appointed and his application is attached.  No other applications are on file.


b.    Environmental Advisory Board (2 terms to expire  5/7/12 and 5/7/13)

Two (2) appointments need to be made to the Environmental Advisory Board with one term expiring on May 7, 2012 filling the unexpired term of Don Burnette and the other on May 7, 2013 filling the unexpired term of Bill McLain.


Applications from five interested individuals are attached as well as a list of current board members



I.              CITIZEN PARTICIPATION (Agenda)


Item 10 -        Port Orange/South Daytona Chamber of Commerce Quarterly Report


Debbie Connors, Executive Director of the Port Orange-South Daytona Chamber of Commerce, will be in attendance to make a report to the Council regarding the Chamber of Commerce.  This is a requirement of the City’s contract with the Chamber of Commerce.



J.            CITIZEN PARTICIPATION (Non-Agenda)




Item 11 -        Approval of Minutes


Attached are the minutes of the following meetings:

a.    September 21, 2010 – Regular City Council Meeting

b.    September 27, 2010 – Special City Council Meeting

c.    September 28, 2010 – Regular City Council Meeting


Item 12 -        Update on Construction Projects


Attached is the update on construction projects from Quentin L. Hampton Associates.  Staff recommends acceptance of the report.


Item 13 -        Update on Recreational Facilities


Attached is the update from Parks and Recreation.  Staff recommends acceptance of the report.


Item 14 -        City Attorney’s Report


Attached is the report from the City Attorney’s office.  Staff recommends acceptance of the report.


Item 15 -        Road Construction Report


Attached is the Road Construction Report.  Staff recommends acceptance of the report.

Item 16 -        PFM Third Amendment to Investment Advisory Agreement


The City and our Investment Advisor (PFM Asset Management, LLC) entered into an Investment Advisory Agreement dated 5/1/08.  Advisory investment services began with PFM in June, 2001.


Last year, the City Council approved a new agreement with PFM to manage the City’s investment portfolio.  They have done an exceptional job.  We recommend renewing the contract with PFM for another year.


The City’s investment policy is very specific as to type of investments we may purchase and the City’s evaluation of actual investment purchases are accomplished in a few hours.  It should be noted that timing of investment purchases are critical as changes to investment purchase pricing are immediate. Subsequent compliance review of investment trading is performed by the City and other internal and administrative controls remain in place.


Because of this, it is recommended to amend our existing agreement to remove the requirement of prior City approval for the purchase and sale of portfolio securities.   All other provisions in the existing agreement shall remain in effect.


Please see the attached amendment to the Investment Advisory Agreement for specifics


Staff recommends Council approve of PFM Third Amendment to Investment Advisory Agreement.


Item 17 -        Acceptance of a 2010 Volusia County Manatee Conservation Fund Grant


Port Orange recently applied for and was awarded a Volusia County Manatee Conservation Fund Grant in the amount of $813.00.  There is no match requirement.


These funds will be utilized for “on-the-water” law enforcement and education efforts by Port Orange Police Department Marine Patrol officers during the 2011 Halifax River boating season (Memorial Day to Labor Day).  


Since the City’s Manatee Protection Plan was approved in 2007, Port Orange has applied for funds from the Manatee Conservation Fund Grant program each year.


Staff recommends staff accept the Volusia County Manatee Conservation Grant for the enforcement of the City’s Manatee Protection Plan.  In addition, authorize the Mayor and City Manager to execute any agreements or contracts.




Item 18 -        Edward Byrne Memorial Justice Assistance Grant


The Port Orange Police Department has been awarded grant funds from the U.S. Department of Justice, Edward Byrne Memorial Justice Assistance Program in the amount of $10,000. This grant funding will be utilized to purchase thirteen (13) X-26 Less Lethal Tasers, which will replace the former M-26 model that is no longer manufactured or repairable.


Item 19 -        Range and Training Facility Agreements


The Port Orange Police Department is requesting approval to enter into the attached agreements permitting Port Orange Police Officers use of the New Smyrna Beach Police Department’s shooting range and training facilities.  These agreements may be cancelled by either party upon thirty (30) days written notice and will terminate within one (1) year from date of signature.  The City of New Smyrna Beach is requesting a $300.00 per year contribution to assist with maintenance costs for the use of the above mentioned facilities.


Staff recommends Council approve the pistol range and training facility agreements with New Smyrna Beach Police Department.


Item 20 -        Proposed License Agreement – Temporary Use of South Swallowtail Drive Right-of-Way for a Transit Transfer Station


Volusia County Transit (Votran) has requested a License Agreement to use a portion of the South Swallowtail Drive right-of-way for a temporary transit transfer station.  The temporary transfer station is necessary because Votran is no longer permitted to use the Dunlawton Square Shopping Center property to conduct transfers. The License Agreement addresses the construction, operation and maintenance of the site which shall comply with accepted standard construction requirements of the City.  The Agreement permits Votran to use the site for up to one year while they pursue a permanent site.


Staff recommends Council approve and authorize the Mayor and City Manager to act on behalf of the City to execute a License Agreement with Volusia County for Votran to use of a portion of the South Swallowtail Drive right-of-way as a temporary transit transfer station.


Item 21 -        City Cost Participation Request for the Fraternal Order of the Eagles for an Existing City Potable Water System Improvement


The developers of the Fraternal Order of the Eagles and their engineer, Danny Johns, P.E., have recently agreed to modify their developments design plans to include the installation of a 8” waterline with their upcoming project at the city’s request in order to serve adjacent properties with a better potable water distribution and fire protection system. This improvement is generally provided for as being eligible for City Cost Participation under the general guidelines of Chapter 11 of the LDC.  Typically 8” waterlines are not eligible for upsizing, however since this water system improvement is not required per the code because a 2” waterline already exists and we believe that it is appropriate to fund the majority of this improvement cost as proposed therefore saving much of the design, inspection, right-of-way restoration, and project administrative costs, which would otherwise be incurred if the project was undertaken separately.


We believe that this funding request to be a fair and equitable cost reimbursement request between the developer and the City. This proposed and negotiated amount of $36,000 for this water system improvement is well supported by the engineering cost estimate attached.


We recommend approval of this funding request at this time.  Funding for this improvement is currently available in City Cost Participation Project # UCP001.


Staff recommends Council approve City Cost Participation in an amount not to exceed $36,000 for water main upsizing and fire hydrant to serve the Ridgewood area with increased fire protection. 


Item 22 -        Annual Wrecker Services


Last year, A&A Wrecker was awarded a contract to provide wrecker service to the City of Port Orange.  The contract provides for annual extensions of the contract.   It is recommended that the wrecker service contract with A&A be extended for another year in conformance with the City’s contract.


Item 23 -        Employee Health and Dental Benefits Consulting Services


In order to obtain a qualified professional consultant, registered to practice in the State of Florida for the purpose of providing independent employee health and dental benefit consulting services, staff recommends the piggyback of the City of Port St. Lucie contract with Siver Insurance Consultants to perform the scope of services outlined in their letter dated November 19, 2010. The fee schedule is contained in their letter and the maximum not-to-exceed fee is $25,000 for up to two meetings at the City.  The intent of the City is to obtain an independent, unbiased Consultant that is not affiliated with any institution that could provide benefit services to the City.


The City has contracted with Siver Insurance Consultants in the past with favorable outcomes. The most recent work experience was the 2009 Request For Proposals for our Workers Compensation, Liability and Property Insurance Programs.


Attached is the November 19, 2010 letter from Siver insurance Consultants, the City of Port St. Lucie Council Agenda Item Request to award the independent health insurance consulting services to Siver Insurance Consultants, the City of Port St. Lucie Council action agenda awarding the contract to Siver and the unexecuted contract for services. The unexecuted contract is awaiting signature by the Port St. Lucie City Manager.


Staff recommends Council approve piggyback of City of Port St. Lucie contract with Siver Insurance Consultants to perform employee health and dental benefits consulting services.


Item 24 -        Settlement Proposal for David Joseph


The Coastal Florida Public Employees Association (PEA) instituted a grievance and arbitration proceeding on behalf of David Joseph relating to Joseph’s separation from employment with the city and Joseph through his attorney notified the city that Joseph would be instituting a civil action for alleged retaliation against him as a result of filing workers compensation claims.  The City Attorney has recommended that the City settle the claims by payment of the sum of $22,500.00.  One-half of the settlement shall be paid by the city and one-half by the city’s insurance carrier, Florida League of Cities.  Prior to the council’s consideration of the settlement, Joseph will sign a settlement agreement and general release approved by the City Attorney, in substantially the same form as attached hereto.  Upon City Council approval of the settlement agreement the City will make payment of the settlement.


Staff recommends Council approve settlement of claims relating to David Joseph.


Item 25 -        Council Meeting Schedule for 2011


The proposed schedule for 2011 Regular City Council Meetings is as follows:


            January 4, 18, 25

            February 1, 15, 22

            March 1, 15, 22

            April 5, 19, 26

            May 3, 17, 24

            June 7, 21, 28

            July 19, 26 (Regular Meetings); July 30 (Saturday Budget Workshop)

            August 2, 16, 23

            September 6, 20, 27

            October 4, 18, 25

            November 1, 8

            December 6, 13


Staff recommends approval of the proposed 2011 meeting schedule.


City Manager Comment: I provided the City Council with suggested months for the new residents’ breakfast and for the district meetings. I would like to suggest that the New Residents’ Breakfasts be held on the January 15, 2011 and May 21, 2011.  The District Meetings would be held on March 19 (District 1), April 9 (District 2) and October 15 (District 3).  


Item 26 -        Budget Calendar for 2011


Attached is the Annual Budget Calendar for 2011.  We will be adding additional dates to the Calendar as we progress through the year.  I anticipate mini-budget workshops starting in late January and continuing through the month of June.  With the City Council conducting the mini-budget workshops throughout the year, it should make the decision making process at the end of July much easier.



L.            COMMUNITY DEVELOPMENT  (Wayne Clark)


Item 27-         Resolution No. 10-101 - Notice of Intent to Adopt a Moratorium on the Issuance of Development Orders, Building Permits and Zoning Approvals for Business Tax Receipts for the Operation of Pain Management Clinics Within the City of Port Orange


This resolution will issue a notice of intent to adopt a moratorium on the issuance of development orders, building permits, and zoning approvals for business tax receipts for the operation of Pain Management Clinics within the City of Port Orange


Staff recommends Council approve of Resolution No. 10-101, Issuing a Notice of Intent to Adopt a Moratorium relating to Pain Management Clinics within the City of Port Orange



M.           PARKS AND RECREATION  (Susan Lovallo)


Item 28 -        First Reading – Ordinance No. 2010-36 - Amendment to the Code of Ordinances, Chapter 6, Section 6-3 to Allow Alcohol to be Served at Functions at the Adult Activity Center


Staff recommends Council approve the amendment to Chapter 6, Section 6-3, to allow alcohol to be served at the Adult Activity Center and the Annex. 


City Manager Comments: One of the questions that our staff is asked frequently when groups rent one of our centers is whether they can serve alcoholic beverages inside the facilities.  This would provide uniformity among our various centers. 


Item 29 -        Resolution No. 10-102 – To increase fees for the Mayor’s Golf Tournament and Use Net Proceeds to Fund Parks and Recreation Scholarship Program


In an effort to cover the increasing demand for waivers from residents to participate in recreational programs we are requesting approval to increase the player fees in the Mayor’s Golf Tournament from $60 to $70 per player and use the net proceeds to fund scholarships.


Staff recommends approval of Resolution No. 10-102 increasing the per player costs for the Mayor’s Golf Tournament from $60 per person to $70 per person and use the net proceeds to fund Parks and Recreation Scholarship Program.


City Manager Comments: This is the first time for the City Council to set the rates for the golf tournament.  In the past, all the funds were used to pay the expenses of the tournament.  One of the ways that the Parks and Recreation Department has recommended to help offset some of their cost is to raise money to pay for the program scholarships. 





Item 30 -        Comments/Concerns from Council Members


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