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

                        November 1, 2011


Date:               October 25, 2011



The Agenda on November 1 is very short.  That is why I have moved the scheduled workshop inside the regular meeting.  The workshop will cover neighborhood preservation.  This will be a joint presentation by Wayne Clark and me.  We will review code enforcement issues, foreclosures in Port Orange, foreclosure registration, rental property licensure and inspection, neighborhood improvement program.  At the end of the workshop presentation, we will be asking the City Council to provide guidance related to several items that in the presentation. 




Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call


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




Item 4 -           Construction Activity Report


Attached is the Construction Activity Report.  If you have questions, please contact Wayne Clark or me.


Item 5 -           Summit Golf Academy, Inc. and Timothy G. Peightal Claim for Property Rights and Damages Under the Bert J. Harris Private Property Rights Protection Act


Copy of the draft Settlement Agreement is attached hereto.


City Council should anticipate that this claim may result in litigation and that the discussion may become the subject of the record for any future litigation.  City Council Members may contact the City Attorney prior to the meeting to obtain further information relating to this agenda item.


Staff recommends Council approve the settlement offer


Item 6 -           Re-award Bid #11-17, Construction of Concrete Sidewalks and Curbs to Sparks Concrete


On 9/27/2011, Council approved a split-award of Bid #11-17 to both low bid vendors, Kon-Struct Builders and Sparks Concrete.  Each was awarded a portion of the contract on which they were low bid.  Kon-Struct Builders has since requested to terminate their contract and a copy of their letter is attached for your review.  Staff recommends the entire contract be awarded to Sparks Concrete.


City Manager Comments: Kon-Struct Builders requested to terminate their contract for concrete sidewalks and curbs.  Sparks was the next bidder.  Sparks has provided excellent service to the City over the years.  Currently, they have a portion of the concrete sidewalk and curb contract. 




Item 7 -           Environmental Advisory Board – quarterly report


A representative of the Environmental Advisory Board will make a report to the Council at this time.


E.   FINANCE (John Shelley)


Item 8 -           Resolution No. 11-59- Budget Appropriation


The attached resolution appropriates and budgets revenues and expenditures for a wage increase for all non-public safety union employees in the amount of 1% of current wages to be applied retroactively to October 1, 2011. Staff recommends approval





Item 9 -           Discussion on Water/Sewer Rate (continued from 10/18/11)


On October 18, 2011, the City Council had a workshop on funding of water and sewer capital infra-structure.  There were three approaches provided to the City Council, current approach, modified approach and a pay as you go approach.  I have attached a copy of the presentation.  As the infra-structure ages, it is important that we have a solid approach for keeping the infra-structure properly maintained.  The current approach allows the City to meet the basic priorities of the infra-structure.  It depends on debt financing to make the major infra-structure improvements.  The modified approach funds the priorities, not just the basic priorities, and identifies the areas that might be best financed using debt and or a combination of cash and debt.  The pay as you plan, funds priorities and begins setting aside funds for future major capital improvements.  Each one has an impact on the rates.  As you saw in the charts, the status quo has little to no change in the rate structure until such time as a major improvement is needed.  The chart does not project what impact that would have on the rates at that time.  The modified approach has moderate impact on the rates.  The pay as you approach has initial upswing in rates with peaks occurring as major capital items are projected to be needed.  But, as you see in the pay as you go model, the upswings can be followed by a downward swing as the funding for major capital items are achieved.  In many ways, the pay as you go approach could be viewed as a rate that maintains the system coupled with surcharges to fund the major future capital items.  The surcharges would be reduced as the funds that are needed to construct the improvement(s) have been received.  As we discussed, pay as you approaches require longer range financial planning than the typical 5 year CIP.  Further, pay as you approaches require discipline since the City will be accumulating funds to construct a major capital improvement and could have on hand large amounts of funds for a long period of time while awaiting the project to be constructed. 


Attached is the power point from the workshop meeting.  No additional materials will be provided.




Item 10 -        Discussion on Solicitor’s Permit Process and Restrictions


At the last City Council meeting, you had a citizen that has started a business in Port Orange.  He was placing door hangers on the doors in his neighborhood.  The City has classified this type of door to door activity as solicitation which requires a solicitation permit.  Second, the City has prohibited general distribution of flyers and door hangers because they most often become litter in neighborhoods.  A question was raised about individuals who leave bills at your door after performing a service on your property.  You have invited that individual on to your property for purpose of providing a service.  Leaving the bill either attached to your door knob or stuck in your door has not been considered a violation since they were invited on to your property to perform a specific service.  You have seen the recent emails from Jerry Monahan related to this issue.  Director Monahan asked if the citizen if he was aware of any case law supporting his request.  He has provided a case.  That has been forwarded to Margaret Roberts for her review.  She will be prepared to discuss the case law with the City Council and whether it applies to this situation. 


This will be an oral report to the City Council.  No material will be provided.


Item 11 -        Neighborhood Preservation presentation


This presentation will present several issues facing our neighborhoods and discuss several different approaches.  What is clear is that neighborhoods are key to the vitality of cities.  When neighborhoods are allowed to go deteriorate, then pride is lost within those neighborhoods and they begin to suffer.   Neighborhood preservation is more than just code enforcement.  Neighborhood preservation is a partnership between the residents and the City.  It involves multi-disciplinary teams working in neighborhoods.  It means the City investing to keep key infra-structure in good shape.  It means maintenance of both the private and public infra-structure.  It means meeting with residents and listening to their concerns and then putting together an action plan that involves all sectors.  This past year, we have worked with residents in two areas of our City with multi-disciplinary teams.  We will be back in the Commonwealth neighborhood after the first of the year to look at problems that were identified and seeing if we are making headway in improving the conditions that were identified by the residents. 


We will be meeting with Willow Lake residents again after the first of the year to review what has been accomplished in that neighborhood. 


Attached is the power point that will be used during the presentation.




Item 12-         Comments/Concerns from Council Members


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