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

                           June 21, 2011


Date:               June 14, 2011





Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call




Item 4 -           Stan Schmidt, Volusia County School Board


School Board Member, Stan Schmidt, will be present on Tuesday evening at the City Council Meeting.  Stan has been working with local businesses and Chambers of Commerce to expand connectivity within Volusia County.  Recently, Council Member Burnette, Tony Marino and I attended a workshop session put together by the Daytona Beach-Halifax Area Chamber of Commerce.  There were presentations made by a number of individuals on fiber optic and the speed of connectivity available to support business development.




Item 5 -           Public Utilities Department
Public Utilities Budget Presentation


Roger Smith will be making a presentation on Tuesday evening concerning the Public Utilities Budget.  The Utilities Department budget is in balance. 





Item 6 – Water bill issue from Mr. Steve Deere – 953 Crystal Lake Drive


Attached are letters recently received from Mr. Steve Deere.  He resides in Countryside.  I have attached the history of his bills.  Recently, Mr. Deere left the City for a vacation.  A neighbor watched the property while he was away.  She states that she saw nothing unusual nor did she detect any water usage while Mr. Deere was away.  During that period, his water meter registered that he used more than 55,000 gallons of water.  We checked the surrounding area to determine if the City had issued right of way permits for construction activity or if our crews had been in the area working.  There is no record of utility work being performed in this area during the period in question.  Mr. Deere checked the meter himself to see if it was registering correctly.  The meter is operating correctly.  We checked the other meters in the area to see if they experienced any unusual deviation during the month.  All area users are within the norms of their usage.  When you visit the property it is evident that the yard is not being irrigated.  There is no evidence that the outside hose connection was left on during this period of time.  There is no swimming pool at this property.  Mr. Deere stated that he has done the dye test to determine if the toilets were leaking and found no leaks.  The City has recently read the water meter as part of our normal cycle.  Mr. Deere’s readings have returned back to his normal usage.  Mr. Deere is asking for relief.  The staff has offered to adjust the sewer portion of the bill.  However, that still leaves a hefty water bill.  Under the Ordinance, staff does not have the authority to adjust the water bill without evidence that the water did not go through the meter or that there was meter malfunction.  I have explained to Mr. Deere the process.  I have explained to him that administratively that staff cannot make adjustment to the utility billing without evidence that the meter is incorrect.  Staff does have the authority to work with the property owner on payment program in order to lessen the impact of the extremely high water bill.  What he is asking the City Council to do is to lower his water bill to the average of his normal bill. 



E.   CITIZEN PARTICIPATION (Non-Agenda-15 minutes)




Item 7 -           Approval of Minutes  


a.    June 7, 2011 – Special City Council Meeting (Budget Workshop)

b.    June 7, 2011 – Regular City Council Meeting




Item 8 -           Staff Reports – Building Activity Report and Monthly Development Activity Report for April and May, 2011


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 9 -           Bid Award, Bid #011-16 – Hunting Lease


The City of Port Orange and County of Volusia have advertised for qualifications and competitive bids for hunting lease rights on approximately 12,300 acres of City and County owned property located within the Central Recharge Wellfield area in unincorporated Volusia County.


The current lease holder, Smokey Hunt Club was the sole responsive bidder with a bid price of $8.50 per acre.  The City wholly owns 7,261 acres while the County wholly owns 1,351 acres.  The two managing parties jointly own 3,674 acres.  Based on a rate of $8.50 per acre, the lease will generate $77,333 per year for the City for the next five years. 


The revenue from the hunting lease is the main funding source of the Forestry Management Enterprise Fund 420. The purpose of the fund has been to ensure a sustainable forested ecological system while protecting the City’s drinking water resources.  The fund pays for various forestry related services such as maintaining fire breaks, conducting control burns, eradicating invasive plant life, managing wildlife, and overseeing gopher tortoise and wetland mitigation bank activities.


Smokey Hunt Club has been a long standing lease holder on this property and has demonstrated financial competency and responsible stewardship of the property through its use of best management practices.  Staff respectfully recommends approval and award of bid to Smokey Hunt Club per the terms and conditions of the proposed agreement.  


Staff recommends Council award Bid #11-16, Hunting Lease to Smokey Hunt Club as the sole responsive, responsible bidder and authorize the Mayor and City Manager to execute contract documents on behalf of the City.


City Manager Comments:  The price that was received from Smokey is lower than they paid five years ago.  During the period of time the property has been used for hunting, the City has not experienced any vandalism or damage to the water wells located on this parcel of land.  The Hunt Club has been good stewards of the property resources.  A question was raised concerning what it would cost for the City to open the property for public use.  Because of the wells themselves, we would have a different security plan than currently used on the property. 


Item 10-         Contract Extension with Odyssey Manufacturing, Inc. for Sodium Hypochlorite used at both Water Treatment and Wastewater Treatment Plants


On September 7, 2010, City Council approved bulk chemical Bid Award #B10-16 for the purchase of various chemicals used at the water and wastewater treatment facilities.  Odyssey Manufacturing Inc. was selected to provide sodium hypochlorite with the lowest priced bid of $0.68 per gallon.   


The term of the initial agreement was for a period of one with a (1) one-year option for renewal, if mutually agreeable to both parties.  The City has expressed its desire to exercise the one-year option at the current delivered price of $0.68 per gallon for FY 2011-12, and the vendor has agreed, in writing, to the extension.


Over 420,000 gallons per year of sodium hypochlorite is utilized by both treatment water and wastewater facilities during the disinfection treatment process.  It is the second highest chemical expenditure in the Public Utilities operating budget and can be subject to unpredictable swings in annual unit pricing.  In consideration of current economic conditions and uncertainties, the opportunity to extend the current agreement at the same price for one more year helps provide stability in water and wastewater energy charge rate adjustments.


Staff respectfully recommends approval of a one (1) year extension of the existing contract with all terms and conditions of the existing contract to remain in effect





Item 11 -        Citizen Advisory Committee for TPO


A representative of the Citizen Advisory Committee for the TPO will make a report to Council at this time.





Item 12 -        Consider co-sponsoring the 9/11 Anniversary Memorial Service at the Amphitheater and to waive fees for use of the Amphitheater


All Saints Lutheran Church on behalf of Port Orange Ministerial Association is requesting permission to take over the hosting of the 9/11 Anniversary Memorial Service previously produced by the Amvets Post 911 and continue the event under the Concerts in the Park umbrella.  They are asking the City of Port Orange to Co-sponsor/Waive the fees for this event.  The cost of this event is $678.00



I.      PUBLIC SAFETY (Jerry Monahan)


Item 13 -        Discussion relating to Residential Decal Parking Areas


This item is a discussion of an ordinance creating residential decal parking areas in the City of Port Orange.





Item 14 -        Extension of Time for Structure Removal – 3 and 6 Cedar Street


On April 26, 2011 the City Council approved license agreements for 3 and 6 Cedar Street conditioned upon proof of insurance and removal of the existing structures in the canal within 45 days.  The 45 day window expired on June 10, 2011; however, the property owner has requested an extension to allow her contractor to begin removal on June 28, 2011.  She has provided executed copies of the license agreement and a receipt for purchase of insurance.

Because the extension will not affect or impede the seawall project, staff recommends authorizing the additional time so long as the insurance policy naming the City as an additional insured is provided in an acceptable form.

Staff recommends Council provide an additional 30 days to remove structures located in the B-23 Canal in accordance with the license agreement and authorized the City Manager and City Attorney to make related changes to the agreements as necessary.



Item 15 -        Comments/Concerns from Council Members


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