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

                        August 23, 2011


Date:               August 16, 2011





Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call




Item 4 -           Local Business Spotlight by Port Orange/South Daytona Chamber of Commerce


Monthly, the Port Orange-South Daytona Chamber of Commerce and the City of Port Orange recognize one local business.  Debbie Connors will be present on Tuesday night to introduce one of the local businesses.  Port Orange has a growing business community that is providing jobs and valuable services to our residents. 




Item 5 -           Report from KemperSports Management regarding Cypress Head Golf Course


At this time, a representative of KemperSports will make a report to the Council regarding the activities of the golf course.




Item 6 -           Board Appointment


a.    Civil Service Board


The City has a vacancy on the Civil Service Board.  Attached is the application of an individual who is willing to serve on the Civil Service Board.




Item 7 -           Commonwealth Estates (Pete Edgar) – Appreciation of City


Recently, the City staff has met with residents of Commonwealth Estates.  The staff has been working with this group addressing issues and situations in their community. 


Item 8 -           Jenny Curtis– Chickens


Recently, Ms. Curtis sent a letter to the Mayor and City Council Members related to keeping chickens on a residential lot.  Our Code of Ordinances has a specific prohibition related to chickens unless the property is zoned agriculture.  Ms. Curtis lives in a single family residential neighborhood that is not zoned agriculture.  This item has come before City Council in the past.  Previous City Councils have affirmed that there are certain types of animals that should not be allowed in a standard single family neighborhood.  Both the City’s Code Enforcement Officers and Animal Control Officers occasionally receive complaints about chickens and other animals that are not allowed in our non-agricultural zoned neighborhoods.  They handle these cases in accordance with the Code of Ordinances.


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




Item 9 –          Approval of Minutes


a.    August 16, 2011 – Regular City Council Meeting


Attached are the minutes for the City Council meeting held on Tuesday, August 16, 2011.  Should you have questions, please feel free to contact Robin or me.

Item 10 -        Project Managers’ Report


Attached is the Project Managers Report.  If you have questions, please contact any of the Project Managers or me.


Item 11 -        Bid Award for the Construction of the Russell Property Floating Dock and ADA Ramp System – Bid No. 11-07


The City secured a $100,000 grant from the Florida Inland Navigational District (FIND) to construct a floating dock facility and ADA Ramp system on the Russell property.  This facility is a requirement under the Florida Communities Trust grant that assisted in the acquisition of the 17-acre Russell property.  Located on Spruce Creek, the Russell Landing facility is part of Volusia County’s established Spruce Creek Blue Ways Trail.  The creek is also an Outstanding Florida Water and a Florida Canoe Trail. 

Bid packages were prepared and publicly advertised.  A mandatory pre-bid meeting was held and on July 13, 2011, two bids were submitted.  Upon review, the bid received from Harbor Marine was responsive to all of the bidding requirements, and the second bid was determined to be nonresponsive.  The City’s consultant engineering firm (DMC) has reviewed Harbor Marine’s past work history and believes they have the capabilities to complete the project within the contract’s 90-day limitation.

It is formally requested of the City Council to consider awarding the bid to construct the Russell Dock and ADA Ramp System to Harbor Marine Dock Company in the amount of $198,528.54.  The funding is available in Parks and Recreation’s account number: 315-5100-572-6397 (Project #QPC 036).  If you have any questions, please contact Kent Donahue.

Staff recommends approval of the bid award for the construction of the Russell Property Floating Dock and ADA Ramp System Project Bid #11-07 to Harbor Marine Dock Company, Inc. and to authorize the Mayor and City Manager to sign and execute all required contract documents.



Item 12 -        Citizen Advisory Committee for TPO
Citizens' Advisory Committee (CAC) August 16, 2011 Meeting Summary


Bobby Ball will attend to bring you up to date on the activities of the Citizen Advisory Committee for the Transportation Planning Organization.

I.      FINANCE (John Shelley)


Item 13 -        First Reading – Ordinance 2011-15 – Amendment to Code of Ordinances of the City of Port Orange, Florida, Chapter 56, Section 29 to allow for the establishment of solid waste energy fee and solid waste landfill fee


On July 12, 2011 the City Council approved awarding the Solid Waste Bid to Veolia.  This bid required that contract fees be broken into two components: collection and fuel.  Also under the new contract the City will pay landfill fees directly to Volusia County.  The requested ordinance change will allow for three separate fees to be charged to solid waste customers, collection fee, energy fee, and landfill fee.  In addition the ordinance will provide a mechanism for changing the energy and landfill fees as actual costs change in these components.

Staff recommends approval of Ordinance No. 2011-15.

Second Reading: September 20, 2011.

City Manager Comments: Our current ordinance did not contemplate the component pricing.  Therefore, the Ordinance needs to be revised to reflect the City will be paying directly to the Volusia County for landfill charges.  Further, the Ordinance revision provides for energy charges.  The final element in the Ordinance is the collection charges which includes the administrative cost associated with administering the contract.  If you have questions, please feel free to contact Warren, John or me.

Item 14 -        Resolution No. 11-37 – CDBG Operating and Procedures Manual


In November 2009 on Resolution 09-99 the City Council approved the CDBG Operating and Procedures manual.  The attached resolution changes the general requirements under Finance/Accounting on page 10.  This change is necessary to resolve audit findings noted during the audit of the fiscal year ending September 30, 2009.  Changes are highlighted on exhibit A. 

Staff recommends approval of Resolution No. 11-37.

City Manager Comments: The City Council adopted these procedures in 2009.  This amendment will resolve an audit finding.  If you have questions, please contact Donna or John.

Item 15 -        Resolution No. 11-38 – Revising rates for garbage, recycling, and yard waste, and implement a new energy charge and landfill fee, thereby replacing and superseding Resolution 09-43, “conditioned upon approval of the change to solid waste code of ordinance subsection 56-29 (f) and (g) establishing the energy charge and landfill fee”


Attached is the proposed Solid Waste Rate Resolution that when authorized, becomes effective October 1, 2011. Based on our new Solid Waste Contract with Veolia Waste Services, rates decreased slightly. The attached rate resolution adopts rates that will properly fund our new solid waste contract, landfill charges from Volusia County and other solid waste operating costs. Should you have any questions pertaining to the attached rate resolution, John Shelley will be available to answer inquiries. 

Staff recommends approval of Resolution No. 11-38.


City Manager Comments: With the award of the new solid waste bid, solid waste rates in all categories are going down.  This Resolution enacts the new rate structure for both residential and commercial.  There will be three charges related to solid waste on the customer billing.  The first charge is for the collection which also includes the administrative costs associated with administering the contract, fuel charges, and Volusia County Landfill Charges.  As you review the rate structure, you will notice substantial savings are being achieved in virtually every category. 


Item 16-         Monthly Financial Report


Attached is the Monthly Financial Report.  If you have questions, please contact either John Shelley or me.



J.    PUBLIC SAFETY (Jerry Monahan)


City Manager Comments: The City is required by HB 45 to make revisions to our Code of Ordinances in order to comply with the State Statutes.  The Public Safety Department and the City Attorney’s Office have reviewed our Code of Ordinances in order to bring it into compliance with the State Law prior to October 1.  Items 17-21 are areas in our Code that must be amended in order to bring the City’s Code of Ordinances into compliance with the new statutes. If you have need clarification related to these changes, please contact Margaret or Jerry.  They are versed on these changes and the requirements.  Second Reading of all five Ordinances will occur on September 20, 2011.   Should some problem be discovered, the City Council would still have an additional meeting to make correction prior to the October 1 deadline.  


Item 17 -        First Reading – Ordinance No. 2011-16 – Amending Sections 58-52(2), 58-51(9), and 58-55 relating to Firearms


Section 58-51(9) and (12) of the Code eliminates the non-profit designation from the definition of special event and removes the reference to firearms from the definition of “weapon” to bring this ordinance into compliance with Florida House Bill 45 which takes effect October 1, 2011.

Section 58-55 adds prior violations of Chapter 58, Article III to the review criteria for issuing a special event permit as follows:

(4)  The applicant has previously violated Chapter 58, Article III of the Code.

(5)  The property designated to hold the special event has previously been the site of a violation of Chapter 58, Article III of the Code.

Staff recommends approval of Ordinance No. 2011-16, amending Sections 58-52(2), 58-51(9) and 58-55 to comply with the provisions of Florida House Bill 45. 

Item 18 -        First Reading – Ordinance No. 2011-17 – Amending Section 26-6(c)(1) relating to Firearms


Section 26-6.3(c)(1) of the Code will be amended as follows to comply with Florida House Bill 45 which takes effect October 1, 2011. 

(c)  During the existence of a state of emergency, the director has the power and authority to impose by executive order any or all of the following restrictions.

(1) Prohibit or regulate the purchase, sale, transfer or possession of explosives, combustibles, firearms, dangerous weapons of any kind, or alcoholic beverages;

Staff recommends approval of Ordinance No. 2011-17, amending Section 26-6.3(c)(1) to add citation to Florida Statutes providing authority for the prohibition of firearm sales during an emergency.

Item 19-         First Reading – Ordinance No. 2011-18 – Amending Section 46-4 relating to Firearms

Section 46-4 of the Code will be amended as follows to comply with Florida House Bill 45 which takes effect October 1, 2011.

The City of Port Orange hereby adopts F.S.§ 790.15 which makes it illegal for any person to knowingly discharge a firearm in any public place or on the right-of-way of any paved public road, highway, or street or whosoever knowingly discharges any firearm over the right-of-way of any paved public road, highway, or street or over any occupied premises.  However, this section does not apply to a person lawfully defending life or property or performing official duties requiring the discharge of a firearm or to a person discharging a firearm on public roads or properties expressly approved for hunting by the Fish and Wildlife Conservation Commission or Division of Forestry.

Staff recommends approval of Ordinance No. 2011-18, amending Section 46-4 to expressly adopt the provisions of Florida State Statute 790.15.

Item 20 -        First Reading – Ordinance No. 2011-19 – Amending Section 18-196 relating to Firearms

Section 18-196 of the Code will be amended to remove the term firearms from the definition of secondhand property to comply with Florida House Bill 45 which takes effect October 1, 2011.

Section 18-197 of the Code will be amended to add a firearm exemption as follows:

(c) Dealers in secondhand or used firearms are exempt from the provisions of this article and must follow F.S. Chapter 538, Part I and F.S. 790.335.

Staff recommends approval of Ordinance No. 2011-19, amending Section 18-196 to comply with the provisions of Florida House Bill 45.

Item 21 –       First Reading – Ordinance No. 2011-20 - Repealing Chapter 38, Article III relating to Firearms

Section 38-51 contains procedure for the disposal of confiscated or abandoned firearms and may be interpreted as a regulation on firearms which is expressly preempted by State law.  The provisions of Florida House Bill 45 take effect on October 1, 2011.

Staff recommends approval of Ordinance No. 2011-20 repealing Chapter 38, Article III relating to the disposal of firearms to comply with the provisions of Florida House Bill 45. 

K.   CITY MANAGER (Ken Parker)


Item 22 -        Resolution No. 11-36 – Urging Tobacco Retailers to Stop the Sale and Marketing of Flavored Tobacco Products in the City of Port Orange, FL


On August 2, 2011, Students Working Against Tobacco (SWAT) appeared before the City Council asking the Council to join other cities and counties by enacting a resolution urging retailers to stop the sale and marketing of flavored tobacco products. In their presentation, the students pointed out 26.3% of high school students in Volusia County are tobacco users. The students provided background materials that showed tobacco companies have developed a line of candy-like flavored products aimed at the youth market. The attached resolution urges retailers to not display, sell, or market flavored tobacco products.


Staff recommends approval of Resolution No. 11-36.


Item 23 -        Consolidated Broadcasting System – Cooperation Agreement


The Cities of Port Orange, New Smyrna Beach and Edgewater have been working together for several years in the area of emergency response.  Each of the cities has identified a specific need, the ability to inform our residents a specific radio station to turn to in times of emergency.  WSBB has indicated that they would be willing to assist the cities in this effort.  However, WSBB does not have the proper generator capacity to guarantee that they would be on the air in the case of an emergency.  The solution is for the three cities to provide two generators to the station in order to guarantee that the station would be on the air throughout an emergency.  The generators would be owned jointly by the three cities.  The station could use these two generators as long as they provide emergency information for the three cities.  If the station decided not to provide this service to three cities or fails to provide the personnel during an emergency to provide emergency information to the citizens of the three cities, then the cities could remove the generators.  The station would be responsible for providing the normal maintenance for the two generators.  The total purchase price is not to exceed amount of twelve thousand and no/100 ($12,000.00) with each City contributing a third of the purchase price ($4,000.00).

Funds are available in our emergency management response account. 




Item 24 -        Comments/Concerns from Council Members


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


Item 25 -        City Council Committee Reports


At this time, Council Members may report on various committees to which they have been assigned.