To:                   Mayor Allen Green

                        Vice Mayor Dennis Kennedy

                        Council Member Bob Ford

                        Council Member Donald Burnette

                        Council Member Robert Pohlmann


From:              Kenneth W. Parker, City Manager


Subject:          Agenda Commentary for Regular City Council Meeting of

                         January 18, 2011


Date:               January 13, 2011




A.           OPENING


Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call




Item 4 -           Presentation from Daytona Regional Chamber of Commerce


Jim Cameron from the Daytona Regional Chamber of Commerce will make a presentation at this time.




The Town Center Community Redevelopment Board will hold its quarterly meeting.  The City Council will recess its regular City Council Meeting and convene as the Community Redevelopment Agency Board.



The Eastport Redevelopment Agency Board will hold its quarterly meeting.  The City Council will recess its regular meeting and convene at the Eastport Redevelopment Agency Board.




Item 5 -           Presentation of the Grant Award of $1,200 to Port Orange Fire & Rescue from Factory Mutual Insurance Company for their Public Education Division


Port Orange Fire & Rescue was notified in late November that FM Global has selected the Department’s Public Education Division for an award of $1,200 toward public education materials.  These funds will be used to launch a NFPA’s “Remembering When” Program for seniors in our community.  This program will be instrumental in offering fire and fall prevention information to seniors through a partnership with Comfort Keepers (home care agency).  With this award, we will be able to educate seniors living independently and within assisted living facilities on how to avoid the top causes of injury and death for their age group—falls and fires.  We would like to recognize and thank FM Global for their generosity and its potential to play a tremendous role in the safety and well-being of this community


On January 4, 2011, the City Council authorized the acceptance of a grant in the amount of $1,200 from Factory Mutual Insurance Company.  A representative of the company will be present on Tuesday evening to present the check to the City of Port Orange.


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




Item 6 –          Approval of Minutes


Attached are the minutes of January 4, 2011 – Regular City Council Meeting


Item 7 -           Building Activity Report for November 2010 and Monthly Development Activity Report for December 2010


The attached Staff Reports include the Development Activity Report and the Building Activity Report.  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).



Item 8 -           Nova Oaks Affordable Housing Assistance Conditional Commitment for FHFC Application FY 2011


To approve a conditional commitment of $75,000 in local government contribution for the application by Arrington Developers, LLC/Nova Oaks to the Florida Housing Finance Corporation for Low Income Tax Credits, as outlined in the attached Staff Memorandum.


City Manager Comments: Two years ago, the City Council agreed to provide assistance to the Nova Oaks project.  This is a senior adult project located near the intersection of Herbert Street and Nova Road.  Tom Valley was the property owner at that time.  Mr. Valley has recently sold the property to a firm that desires to construct the same project.  One of the areas that Community Development Block Grant Funds can be used is to provide this type of help to encourage affordable housing for senior adults.  The City’s commitment would be over a two year period.  It would be subject to the Florida Housing Development Agency funding the project.  Should the property owner not receive funding for the project, then the City would be free to allocate the funds to another qualified project.  CDBG funds can be spent only in qualified targeted areas that meet certain criteria.  They can be used for capital improvements.  This past year, the City used its CDBG resources to fund the renovations to the Adult Activity Center on Ridgewood.  The City has used CDBG funds for utility projects in qualified neighborhoods, drainage improvements in qualified areas, etc.  The City receives about $300,000 annually.  The City receives notice annually about its allocation from the U.S. Department of Housing and Urban Development.  The City Council approves the annual work program and authorizes the submission of the program to the U.S. Department of Housing and Urban Development. 


Item 9 -           2011 Legislative Program


Attached is a listing of important dates and information related to the 2011 Regular Legislative Session along with a copy of the City’s local bill and the Florida League of Cities Legislative Action Agenda


Staff recommends Council adopt the 2011 Legislative Program and authorize staff to monitor key legislation applicable to the City, its operations and the community in general.


Item 10 -        2011 Legislative Support Contract


Staff, in conjunction with Pittman Law Group, has filed a local bill relating to expanding the Southeast Volusia Hospital District to provide Port Orange residents living within the District an opportunity to serve on the governing board. Representative Hukill is the bill sponsor and the local delegation unanimously approved it during their annual delegation meeting in December.  Pittman Law Group is now filing the bill with the House of Representatives to be considered during the 2011 regular session.   Additionally, Pittman Law Group tracks legislation impacting the City of Port Orange, such as pension reform and TABOR, and support our efforts in Tallahassee. 


They will continue to seek project funding for the Dunlawton Avenue flood control and water augmentation project.   Last year they were successful in getting $750,000 into the budget; however, it was removed on the last day of session.  The contract is in an amount not to exceed $40,000.


Funds are available in Account # 001-1000-580-31-13.


Staff recommends Council approve employing Pittman Law Group to track legislation on the City’s behalf and to work in support of our legislative priorities, including a local bill relating to representation on the Southeast Volusia Hospital District and project funding and to authorize the Mayor and City Manager to execute all associated documents


City Manager Comments: In a previous memorandum, I have provided you with a listing or projects that Sean Pittman has worked on our behalf.  This year the City has a local bill that the Volusia Delegation has agreed to support and introduce.  Sean would serve as our lead in talking with other members of the legislature and working with our delegation in getting the bill enacted.  Because of its subject manner, it has the potential of becoming a bill that others will attach amendments to related to public hospitals. 


Pension Reform is going to be on the agenda in Tallahassee.  It will be extremely important that we be an active participant in that discussion.  We should expect to have to travel to Tallahassee during the session to be part of that discussion.  However, it is important that we have somebody in Tallahassee on a daily basis that can represent our position in what I expect to be an ever changing environment.  There has been discussion about State Pension Reform.  We need to be sure that the elements are carried forwarded into Chapter 175 and 185 as well. 


There will be several other discussions in Tallahassee during the session that could impact the City of Port Orange’s operations.  It is important that we be kept informed on this issues and provide information to our delegation and other members of the legislature on the impact that certain items will have on the City of Port Orange.  I fully expect the City to be more engaged in the legislative process because of the new Governor and the legislative agenda. 


The final issue that we are still working on is Dunlawton Avenue flooding that occurred in 2009.  We have been working with both the legislative and administrative agencies on this specific problem.  As you know, Dunlawton is a State Highway.  It is a major evacuation route. Last year, the project was in the budget until the last hour when virtually every transportation project was removed from the final budget.  Sean has continued to work in Tallahassee to keep this project in the forefront of both the Executive Agencies and the Legislators. 


A question has been asked about using somebody like the Chamber of Commerce or the League of Cities legislative lobbyist.  In most cases we can work together on legislative issues because our positions are consistent with theirs.  However, there are instances where the viewpoint adopted by the City Council is different from theirs or may not be of interest to their group or organization.  It is in those instances where we need to be able to present our position. 


Item 11-         Donation of Surplus Computers to Black History Brain Bowl


The Black History Brain Bowl is a national non-profit organization started in Volusia County in 2006 by Starr E. Woods. The goal is to provide educational resources to disadvantaged students. Every year the City sends surplus workstations to auction where we receive little or no revenue from the sale. Although these computers are not the latest and greatest and are at the replacement level for the City, they are still serviceable. IT recommends donating three laptops.


City Manager Comments: The City Council allowed the City to donate laptop computers to be given to students who participate in the Black Brain Bowl.  When the City places the computers on the auction block, we receive little or nothing for the laptops.  Ms. Woods works with a local computer shop to take the laptops and upgrades the memory and installs new software and operating systems on the laptops.  This allows computers to be provided at no cost to the students who participate in the Brain Bowl.  Last year, Port Orange and Deland were able to provided surplus laptops that were then provided to students who would not normally be able to afford computers.


Item 12 -        Change Order for the Signal Design at Williamson Blvd at Hockney Court & McGinnis Ave


This Change Order is necessitated by changes required by Volusia County during the third review of the final signal plans during the permitting process.  The County has now determined that a relocation of one of the strain poles supporting the signal is required for the possible future widening of Williamson Blvd.  This change requires a substantial redesign of the plans and resubmittal for additional County review.  The Kimley-Horn proposal is for $12,812 for the redesign.  The design cost to date for this signal has been $21,770 for the original design plus $6,000 for a County required Warrant Study. 


      Fund   317 1000 580 8110                                                               Project IMI 007


Staff recommends Council approve the Change Order to the Kimley-Horn contract for the design of the traffic signal at Williamson Blvd and Hockney Court /McGinnis Ave for design modifications in the amount of $12,812 and authorize the Mayor and City Manager to sign the proposal.


City Manager Comments: After the City was at 100% drawings and ready to authorize construction, we were informed of the potential widening of South Williamson north of the Pavilion property.  The County has been in discussions with CBL about funding the widening of South Williamson as far north as possible.  The County was concerned about the pole location and requested the pole on the west side be moved.  This change order would for modifications to the design necessary to move the pole.  The City and the County had been working together on this project from the inception.  The discussion with CBL is not finalized nor is there any guarantee that the road improvements would be made.  However, as a precaution, the County has requested this change and it results in a change order to the Kimley-Horn contract.  Although we would have liked to have the design change identified earlier in the process, this should keep the signal from having to be relocated once it is installed.


H.           COMMUNITY DEVELOPMENT (Wayne Clark)


Item 13 -        Second Reading – Ordinance No. 2010-36 - Amending Chapter 6 of the Port Orange Code of Ordinances Relating to Drinking in Public


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. 


This will allow groups that rent either the Adult Activities Center or the Senior Adult Center to serve alcoholic beverages


Item 14 -        Second Reading – Ordinance No. 2010-37 - Moratorium on the Issuance of Development Orders, Building Permits and Zoning Approvals for Business Tax Receipts for the Operation of Pain Management Clinics in the City of Port Orange



Recommended approval (5-0, Commissioners Barker and Booth, excused) of the 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 subject to review by the City Attorney as to legal form and content. The moratorium will be in effect for 180 days in which time Staff will further research and propose amendments to the Land Development Code and Code of Ordinances regarding the location of pain management clinics within the City of Port Orange.


Staff recommends approval of Ordinance No. 2010-37, Issuing a Moratorium relating to Pain Management Clinics within the City of Port Orange.


Item 15 -        Second Reading – Ordinance No. 2010-38 - Moratorium on the Issuance of Development Orders, Building Permits and Zoning Approvals for Business Tax Receipts for the Operation of Adult Arcades, Internet Cafes and Other Related Businesses Within the City of Port Orange


On November 16, 2010, the Port Orange City Council adopted Resolution No. 10-100, expressing its intent to adopt the proposed moratorium. This intent arose out of concern that current LDC requirements do not provide adequate definition or regulation of the subject businesses. The purpose of the moratorium is to provide the opportunity for Staff to assess the effectiveness of its existing regulations pertaining to these types of uses, and to modify those regulations if necessary. The staff report is attached for more information.




Recommended approval 4-0-1 (Commissioners Barker and Green excused, Commissioner Booth abstaining) of a 180-day moratorium on Development Orders, Building Permits, and Zoning Approvals for Business Tax Receipts for the operation of Adult Arcades, Internet Cafes, and other related businesses within the City of Port Orange.


Staff recommends approval of Ordinance No. 2010-38, enacting a 180-day moratorium on Development Orders, Building Permits, and Zoning Approvals for Business Tax Receipts for the operation of Adult Arcades, Internet Cafes, and other related businesses, as recommended by the Planning Commission.


Item 16-         Resolution No. 11-4 – Grant of Utility Easement to FPL for Spruce Creek Rd. and Dunlawton Ave. Intersection Improvements


The Spruce Creek Road and Dunlawton Avenue Intersection Improvement project is nearing the construction phase.  The Florida Department of Transportation (FDOT) Five Year Transportation Plan shows $1.1 million earmarked for construction of this project in the FDOT 2012 Fiscal Year, which commences July 1, 2011.  Florida Power & Light (FPL) has requested a ten (10) foot wide easement along Dunlawton Ave. west of Spruce Creek Road, to allow for placement of FPL lines underground.   This is the only easement FPL needs at this intersection.  The property subject to this easement was transferred by quit claim deed to the City by FDOT several years ago along with the transfer of several stormwater retention ponds along the Dunlawton corridor.  A sketch and legal description of the proposed easement is attached.   This is a non-exclusive utility easement, which FPL has confirmed is satisfactory for their needs.


Staff recommends Council approve Resolution No. 11-4 dedicating a ten (10) foot wide non-exclusive utility easement along Dunlawton Ave., west of Spruce Creek Rd., to Florida Power & Light


I.              PUBLIC WORKS (Warren Pike)


Item 17 -        Discussion Regarding Solid Waste Contract


Attached is a letter from Veolia related to renewal of their Solid Waste contract.  This is the year that the City either has to receive bids for solid waste services or to renew the existing contract with Veolia.  When the City received bids five years ago, the City included a provision in the contract to allow a contract extension for an additional five years. 

The staff has met with Veolia on several occasions attempting to see if the City could re-negotiate a rate that was comparable to the rates that the City is seeing in other cities in the area.  The current contract is based upon two times per week garbage collection, once a week for recycling, and one time per week for unlimited yard waste.  Also, our contract provides for a spring and fall clean up period.


What Veolia has offered is an immediate change in the solid waste contract.  The City would see lower cost associated with collection.  The City would take on the responsibility of paying the disposal charges at the landfill directly rather than Veolia processing the charges through to their corporate office.  This would eliminate the handling fees and other administrative overhead associated with paying the landfill charge.  We have calculated that they administrative expense charged by Veolia is about $1 per household.  A number of area cities have begun this practice of paying the landfill charges directly rather than having it passed through their solid waste hauler. 


Landfill charges are a viable charge meaning that they are a pass through charge to the City.  The City does not control those charges nor does Veolia.  The rates are set by the County Council.  What you would see on the Solid Waste bill is a fee charged specifically for landfill.  When the County Council adjusts the landfill charge this fee would be adjusted accordingly. Based upon our initial calculation, we believe this could save the City as much as $46,000 per month.  We would report to the City Council the exact savings amount once we begin to pay the bill.  It could be more or less based upon the tonnage collected and disposed of at the landfield.  Daytona Beach states that they have experienced monthly savings each month since they went to paying their own landfill cost as compared to the hauler paying the cost.


The next change is the fuel charge.  Under the current contract, the fuel charge is included in the rate.  As fuel prices increase there is a mechanism in the existing contract for the contract to submit documentation for a rate adjustment to recover the cost of fuel.  However, there is nothing in the contract that allows for a downward adjustment when fuel prices go down.  What is being proposed is a fuel charge that would show on the bill.  The fuel adjustment charge would be based on the cost of fuel over a rolling 12 month period adjusted semi-annually.  This would allow fuel charges to be either adjusted upward or downward depending on the cost of fuel during that period of time.  This, too, would be listed on the utility bill as a separate charge.  We have been using this method for our water and sewer utility now for two years and it has worked extremely well. 


By adopting the fuel adjustment charge and the landfill fees, you have removed the two elements that the company has no control over.  By making them a variable rate, it provides an easily calculated adjustment that would be minus their overhead.


The contract would still provide a CIP adjustment to the base collection rate.  It would continue to be 75% of the CIP.



Last year, we removed street sweeping from the Veolia contract and awarded that contract to U.S.A. Services.  However, the street sweeping contract is in the solid waste rate that we charge to our customers. 


What Veolia offers is an immediate reduction in cost to the City of Port Orange that may not be recovered over the five year life of the contract.  This contract provides the City with the ability to negotiate directly with Volusia County related to landfill fees and services.  Second, this contract allows the City to provide a mechanism to calculate increases/decreases in fuel charges. 


In the final analysis, because Veolia is offering the reductions to begin immediately, Public Works believes that it would be in the best interest of the City to accept the contract renewal rather than advertise for bids. 


City Manager Comments: We have two companies that have indicated strong interest in the Port Orange contract in addition to Veolia.  The two companies are Waste Pro and Republic.  Republic is not in the Volusia County market.  Emerald and Waste Management are two other companies operating in Volusia County,  Neither of those companies have met with staff to discuss whether the City would accept bids for solid waste services. 


What are your options?


1.    Option 1 is to renew the existing contract under the same terms and conditions.

2.    Option 2 is to renew the contract with Veolia with the modified terms and conditions with a start date of October 1.

3.    Option 3 is to renew the contract with Veolia with the modified terms and conditions with a start date of January 1.

4.    Option 4 is to bid the project with a beginning date of October 1. 


The only two viable options are Options 3 and 4.  Option 3 provides you with immediate reductions and savings.  Option 4 provides you with a competitive bid that may be more of less than option 3.  Five years ago, we were offered a renewal rate and the City decided to rebid.  The rate the City received was higher than the one offered as the renewal rate.  Also, the City only received two bidders five years ago.  Emerald is the only new player in the solid waste market.


J.            PUBLIC SAFETY (Chief Gerald Monahan)


Item 18 -        First Reading – Ordinance No. 2011-1 - Amendment to the Code of Ordinances of the City of Port Orange, Florida, Chapter 10, Sections 10-3 and 10-11 to provide for the regulation of feral cats


Amend Chapter 10, Section 10-3, to provide a definition of feral cat and to include feral in the definition of nuisance and amend Chapter 10, Section 10-11, to add sub-section (g) to make it a violation of Chapter 10 to permit, promote, or contribute to the congregation or breeding of feral cats, including, but not limited to, providing food.  The current fine for a first offense of the provisions of Chapter 10 is $53.00.


Staff recommends approval of Ordinance No. 2011-1.


K.           PARKS & RECREATION (Susan Lovallo)


Item 19 -        Resolution No. 11-5 – Establishing Policy and Procedures for the Acceptance and Accounting of Monetary, Material, or Service Donations for Fee Waivers, Scholarships, Park Improvements, and Sponsorships of $5,000 or less, and providing an Effective Date


Parks and Recreation has proposed a policy and procedure as a guideline for accepting and accounting for donations of monetary, material and/or service donations to the Parks & Recreation Department in a value of $5,000 or less.  Proposed documents attached.


Staff recommends approval of resolution.


Item 20 -        Resolution No. 11-6 – Establishing Scholarship Policy, Procedures, Application, and Scholarship/Volunteering Agreement for City Sponsored Youth Athletic Programs, and Summer Playground Programs and Providing an Effective Date


Parks and Recreation has proposed a Policy and Procedure as a guideline in handling youth scholarships for the athletic and summer playground programs.  With the increase in requested financial assistance from participants, it was necessary to develop a standard policy and procedure that could be used for everyone.  Proposed documents attached.


Staff recommends approval of resolution


Item 21 -        Discussion of joining Babe Ruth Baseball League


The Parks and Recreation Advisory Board has recommended to the City Council that Port Orange affiliate with a national organization.  It was recommended that the City affiliate with Babe Ruth.  The City will begin its registration for baseball on February 1, 2011.  If we are going to affiliate with Babe Ruth, then the City needs to make a decision so that we can advertise our affiliation. 


In ages 12 and below the City can easily affiliate with Babe Ruth this year.  There is no requirement for the infield to be grass.  That is an option but not a requirement.  At some future point the City could grass one or more infields for this age group.


For the older players, one of our existing fields would have to be modified.  I have asked Susan to look at each complex to determine which one could be easily modified to accommodate older baseball players.


A second element is competition traveling teams.  There are a number of traveling teams in the area.  In fact, the City has encouraged traveling teams in other sports.  For a number of years, PAL had baseball, softball, and soccer teams.  The Port Orange Blazers are a girls fast pitch softball traveling team.  The Port Orange Soccer Club are competitive traveling teams.  There is no reason why there could not be a parent organization who is sponsoring traveling baseball teams out of Port Orange.


There is a final element that the City Council needs to address.  The City can’t dictate a facility for the exclusive use of an organization.  The City facilities must be available for use by residents.  The City can schedule facility use and does so, on a regular basis, without violating the prohibitation of no exclusive use.  We work with Pop Warner, Blazer Softball, PAL and Port Orange Soccer. 


What I need from City Council are the following:

1.    Authorization to affiliate with Babe Ruth for ages 12 and below this year expanding to all age groups in 2012. The cost will be $10,000 for affiliation and another $10,000 in upgrades to uniforms.

2.    Authorization to work with parent groups who want to form traveling teams and work with them to develop schedules for City field use.

3.    Affirm that all City parks are available for public use and are not being set aside for exclusive of any one group or organizations that may create a violation of grant terms and conditions


L.            HUMAN RESOURCES (Rob Zicker)



Item 22 -        Police Benevolent Association (PBA) Annual Leave Accruals in lieu of Martin Luther King, Jr. Holiday Pay Memorandum of Understanding (MOU)


Because of the status quo contract provision and the City Council acting on the ratifying the contract after the Martin Luther King Jr. Holiday, a MOU of understanding is required for MLK Day being credited as vacation time rather than receiving holiday pay.  The Union is in agreement that at they would receive vacation hours rather than holiday pay and overtime payment for MLK.  This is consistent with our PEA contract and with Civil Service employees.


Item 23 -        Police Benevolent Association (PBA) 2009-2012 Collective Bargaining Agreement


The PBA has ratified the contract.  It is now before the City Council for your consideration and review.  The City and the PBA have worked several months attempting to rewrite numerous sections of the contract.  This document provides for an increase in the employee retirement contributions.  It changes the benefit levels for the employees.  For new employees, the benefit changes go back to the 1999 benefit and contribution levels.  There are changes in vacation leave for new employees.  There are changes in how sick and vacation leave will be paid out and how it will count toward pension.  There are changes in specialty pays and how they will be paid and how they will count toward pension.  There are changes in bereavement.  There are changes in the step program.  From this point forward, there will be no automatic step increases for Police Officers.  The starting salary for Police Officers has been reduced. There is no COLA in the contract.  Future salary adjustments and step increases are subject to the City and the Union reaching agreement through the collective bargaining process.  The City and the Union have a reopening provision in the contract.  The contract would expire on September 30, 2012.


Item 24 -        Police Benevolent Association Lieutenants (PBA Lts.) 2009-2012 Collective Bargaining Agreement

The Police Benevolent Association Lieutenants (PBA Lts.) have ratified the contract.  The provisions are the same as the PBA Agreement.



M.           ADMINISTRATIVE  (Ken Parker)


Item 25 -        State Housing Initiatives Partnership (SHIP) Program


With the adoption of Ordinance No. 2006-13 in April 2006, the City took on the opportunities and challenges of participating in the State Housing Initiatives Partnership (SHIP) Program.  Subsequently, the City created a Housing Assistance Trust Fund, appointed an Affordable Housing Advisory Committee, and adopted a Local Housing Incentive Plan.  Now, after less than five (5) years of program administration, funding for this State initiative has diminished to the point where no monies were allocated for FY 2010/2011, and funding for future years is uncertain. 


Subsequent to a City Council discussion regarding the SHIP program on November 9, 2010, Staff obtained additional information from the State and Volusia County as requested by the Council.  Based upon the responses provided by the State and County, staff is recommending that the City withdraw from the SHIP program as an eligible municipality, and that it request the State to redirect the City’s remaining funds to Volusia County, where those funds will be administered on behalf of Port Orange residents.


Staff recommends Council approve withdrawal from the State Housing Initiatives Partnership (SHIP) Program as an eligible municipality, and to authorize the Mayor and City Manager to submit a formal letter to the State for this purpose, including the request that the City’s remaining SHIP funds be reallocated to Volusia County


City Manager Comments:   A few weeks ago, you asked us to confirm with the State and the County about taking over the SHIP program.  We have confirmed that the City can withdraw from the SHIP program.  Further, we have confirmed that the City residents can continue to qualify for SHIP funds if the County administers the SHIP funds.  In the letter we received from the County, the County Manager made it clear that the City would be responsible for submitting all the follow up reports to the State related to the loans and grants made to residents while the City was administering the program.  If the City receives funds back from individuals who received loans or grants while the program was being administered by the City, we would send the money back to the State of Florida.  How long will the City be responsible for reporting?  The maximum length of time is 30 years.  Each year, the City has to visit the homes to be sure they are in compliance with the terms and conditions of the loan or grant. 





Item 26           Comments/Concerns from Council Members


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