MEMORANDUM

 

 

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 8, 2011

 

Date:               November 3, 2011

 

 

 

  1. OPENING

 

Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call

 

B.   BOARD APPOINTMENTS AND INTERVIEWS

 

Item 4 -           YMCA – TERESA ROGERS & VICKY PUGH

 

Teresa Rogers and Vicky Pugh would like to thank Council for their support.

 

C.   CITIZEN PARTICIPATION (Agenda)

 

Item 5 -           Phillip Farruggio – 25% Solution

 

Phillip Farruggio will address Council relating to his views on the 25% Solution initiative.

 

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

E.   CONSENT AGENDA

 

Item 6 -           Approval of Minutes

 

a.    October 18, 2011– City Council Workshop

b.    October 18, 2011 – Regular City Council Meeting

c.    October 25, 2011 – City Council Workshop

d.    October 25, 2011 – Regular City Council Meeting

e.    October 28, 2011 – Special City Council Meeting

f.     October 31, 2011 – Special City Council Meeting

 

Attached are the City Council meeting minutes from the meetings held recently. Should you have questions, please feel free to contact Robin or me.

 

Item 7 -           Renewal of Service Contract with Halifax Humane Society

 

The service contract with Halifax Humane Society provides care, treatment, impound and disposal of animals picked up in the City of Port Orange.  The contract establishes fees charged for impoundment, collection of redemption fee procedures and billing procedures. Halifax Humane Society has changed the contract dates to coincide with the City’s fiscal year.  The Halifax Humane Society has submitted a Contract for Services making the following changes:

Type of Animal

2011 Contract

2012 Contract

Dog or cat – 1st day

$63.50

$45.00

Dog or cat – 2nd day

$77.00

$65.00

Dog or cat – 3rd day

$90.50

$85.00

Wild Animal

$15.00

$35.00

Deceased on Arrival

N/C

$15.00

Other Domestic Animal

Same as above

$35.00

Livestock animal

Same as above

$80.00

Quarantined Animal

$50.00 plus $13.50 for 1st three days, $15.00 per day thereafter

$150.00 (10 day)

Confiscated Animal

$50.00 plus $13.50 for 1st three days, $15.00 per day thereafter

$45.00 1st day

$20.00 each additional day

Staff recommends renewal of the service contract with the Halifax Humane Society for October 1, 2011 through September 30, 2012.

Item 8 -           Public Employees Association (PEA) 2011-2014 Union Contract

 

The City has negotiated a contract with the PEA bargaining unit. On 10/27/11, the PEA voted to approve this Contract.

 

Staff recommends approving the 2011-2012 PEA contract.

 

City Manager Comments: The PEA has agreed to a 3 year contract that will expire on September 30, 2014.  The changes in the agreement are as follows:

 

Wages:

 

October 1, 2011-       1%

October 1, 2012-       1.5%

October 1, 2013-       2.5%

 

There is a provision in the contract about an employee receiving a 1.5% adjustment in salary after completing one year of service for.  This has been deleted for new hires. 

 

Pension

 

In addition to the previous changes that were made to the General Employee Pension System, this contract makes additional changes.  The following is a summary of those changes:

 

Employees who are hired after ratification of the contract have a choice of going into the Defined Contribution Program or a Defined Benefit Program.  For more than a year, all new employees covered by Civil Service are no longer eligible to participate in the Defined Benefit Program.  They must be covered by the Defined Contribution Program.

 

Those new employees who are covered by the PEA contract and who choose to be covered under the defined benefit program will have a 1.6% multiplier.  The year of service requirement mirrors the year of service requirement in the Florida Retirement System.  The Member contribution level is 7.5%.  The Average Final Compensation is the high 8 years.  Vesting in the Retirement System is 10 years.  Normal retirement remains the same.  Early Retirement remains the same.  However, the contract does delete the option for unreduced ;pension at 25 and 30 years. 

 

For those who choose the defined contribution program, the City will contribute 10%.  If the employee desires an additional contribution from the City, the City will match one-half of one percent for each one percent of employee contribution up to a maximum City contribution of 13%.  There is a 10 year vesting period for the defined contribution program.  It was understood that pension forfeitures (meaning an employee does not meet the vesting requirements) will be placed into the General Employee’s Pension Plan.

 

Seniority

 

The PEA opened this article.  There has been a lot of discussion about seniority over the years.  The current contract has three levels of seniority, Divisional, Departmental, and City.  This comes into play when choosing shifts and vacation.  The contract proposes to change seniority from three levels to two levels, Departmental and City.  The Union has agreed to these two levels.

 

Annual Leave

 

This is bringing the annual leave accruals for new employees in line with the PBA contracts for new hires and for Civil Service employees.  No longer will there be a graduated annual leave schedule.  Annual leave will be accrued by all new employees at 96 hours per year. 

 

In the old PEA contract, there was a provision that allowed an employee to receive their pay checks in advancement of them going on vacation.  With all employees either on direct deposit or on a pay card where they go to the bank and download their pay, there is no need for this provision to be in the contract. 

 

Sick Leave Bank

 

There was a lengthy section on the creation of a sick leave bank.  This section has been shorten to allow for a sick leave bank to be created.  There were no accrual changes in this section. 

 

Military Leave

 

Our military leave program in Civil Service follows the State and Federal Statutes.  National Guard and Reserve members are being called upon frequently for deployment.  Contract language often does not contain the newest statutory language.  However, we are still bound by law to provide the military members with the statutory benefits.  The Civil Service Rules and Regulations allows for military leave to be in compliance with the statutes as they may change from time to time.

 

A copy of the contract is included in the packet as well as an explanation prepared by Rob discussing each of the changes. 

 

 

 

 

F.    REPORT FROM ADVISORY BOARD

 

Item 9 -           Citizen Advisory Committee for TPO

 

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

G.   FINANCE (John Shelley)

 

Item 10 -        Resolution No. 11-60 – Budget Appropriations

 

At the City’s fiscal year ending September 30, 2011, budget appropriations lapse.  The attached Resolution re-establishes these appropriations for funding the open purchase orders and projects that were either not completed or started by the fiscal year end.  These carryover appropriations re-establish proper budget project funding and budgetary alignment of projects.  The operating funds have the required  equity balances after appropriation of this resolution.

Staff recommends approval of the attached Resolution.  Please see the attachments for the specific detail.

City Manager Comments: Last year, the City Council asked for more detail information related to the carry forwards.  These are projects and encumbrances that have outstanding purchase orders.

Item 11 -        Resolution No. 11-63 – Budget Appropriations

 

At the City’s fiscal year ending September 30, 2011, budget appropriations lapse.  The attached Resolution re-establishes these appropriations for funding the additional projects that were either not completed or started by the fiscal year end.  These carryover appropriations re-establish proper budget project funding and budgetary alignment of projects.  The operating funds have the required equity balances after appropriation of this resolution.

Staff recommends approval of the attached Resolution.  Please see the attachments for the specific detail.

City Manager Comments: There are projects and items that for some reason did not get started during the year and items that have been identified as needing funding.  In the past, all of these items were simply lumped into the carry forward Resolution.  This year, we have included in them in a separate Resolution so the City Council can easily see exactly what projects were not started during the past year and where funds are being allocated to in the carry forward of funds.  In the past, when funds were available at the end of the year these funds were used to offset capital expenses.  Also, if there were line items where some money remained at the end of the year, often times those dollars were simply carried forward into the new budget year. 

Let me point out some items for the City Council in each of the operating funds:

General Fund: In the non-departmental budget, we have placed $50,000 in the budget for General Employees Pension Plan UAAL.  This is in addition to what the City has budgeted for the current fiscal year.  You will notice in the non-departmental budget, three reserves that the City Council established several years ago for Pension Funds.  The thought process then was to establish these funds to assist the City in addressing the funding fluctuations.  When these reserves were established, the funding fluctuations were minor and the thought was that these funds would be adequate to keep the funding percentages level as well as keep the UAAL manageable.  In the non-departmental, you will see funding for grants to neighborhoods.  It has been several years since the City has been able to allocate any funding for the neighborhood investment grant program. In the non-department, we have included $250,000 for debt retirement.  This appropriation does not designate where it will be used, only that it is available to the City Council to reduce debt.  We will bring to the City Council options where the City receives the best bang for the buck.  Legal services will continue to be a major concern since the City is still involved in a ULP and a lawsuit with the IAFF.  Also, the City has employed GRS as its independent actuary.  Those funds are included in the budget.  The City will incur legal expenses attributed to Pension changes.  There are funds included for lobbying should the City Council desire to employ a lobbyist in Tallahassee.  This is election year the City will incur election expenses.  We have included additional funds for advertising and for election expenses. 

In Police and Fire, I have included funds for UAAL pension reductions.  We have carried forward money for vehicle maintenance.  We are incurring additional maintenance expenses on one of the units.    When the City Council adopted the Capital Improvement Plan for the year beginning October 1, 2011, a replacement fire engine was included in the Plan.  We have deferred the replacement for two years.  The maintenance cost on the E-One has continued to increase.  It is the oldest unit in our fleet. 

In Parks and Recreation, we are addressing two of our major liability concerns, fencing at our baseball fields and the need to do repairs at the skateboard park.  One of the items that you see under Parks and Recreation is golf tournament.  There is a corresponding revenue for the golf tournament.  What occurs is the bills are paid from the operating account and the balance is transferred over to the Parks scholarship fund.  Since we do not know exactly the impact of moving to Babe Ruth, we are requesting that the remaining monies in the uniform account as well as funds used to pay umpires be carried forward into the next fiscal year. 

If you have questions about any of the items on the project carry forwards, please feel free to contact John, Stella, or me.

Item 12 -        Fire Program Fund Discussion

 

During the budget deliberations for FY2012 Council decided the City would no longer offer flu  shot and vaccine program.  As of September 30, 2011 the fund had a cash balance of $285,999.87 with outstanding receivables of $3,482.02.  Staff is seeking direction on the disposition of these funds.  Some possible utilization of funds are as follows:

1.    Contribute to Fire Pension Fund to reduce Unfunded Accrued Actuarial Liability.

2.    Partially fund Fire engine replacement, Fire Burn building, repair and replacement for existing Fire buildings, other capital items for Fire.

3.    Firefighter Training.

4.    Firefighter educational (tuition) reimbursements.

5.    Fire Public Education programs.

6.    Fire Operating Expenditures. (See the memorandum included by Deputy Director-Fire Ken Burgman related how the funds have been used in the past.

7.    Leave in fund for future uses.

 

This is a discussion item only.

H.   COMMUNITY DEVELOPMENT (Wayne Clark)

 

Item 13 -        Second Reading - Ordinance No. 2011-29 – Land Development Code Text Amendment/New Zoning Categories Case No. 11-25000004

 

On September 22, 2011, the Planning Commission recommended approval, 5-0 (Commissioners Green and Parker excused), of an administrative amendment to the Land Development Code (LDC) to create three new zoning districts: Office/Residential Transition (ORT), Mixed-Use Center (MXC) and Recreation (REC). The amendment provides zoning category options in the LDC that are consistent with the Future land Use category options provided in the City’s Comprehensive Plan. Both the ORT and the MXC are mixed-use zoning categories. However, the allowable distribution of uses in the ORT category is primarily oriented towards office and institutional uses, with accessory commercial and residential uses generally permitted as part of a unified mixed use development. Whereas, in the MXC category, the land uses should also be mixed, but commercial uses may dominate if necessary to achieve City redevelopment or economic development goals. The REC zoning district is intended to provide areas for active and passive recreational uses, marinas, and boat ramps. Currently, the City allows passive recreation uses the Floodplain-Conservation zoning category. Active and passive recreation uses proposed by any governmental entity or agency are permitted in the Government/Public Use category. The REC category provides a zoning option for private active and passive recreation uses. The MXC and REC zoning districts are proposed as “floating districts” – meaning that there are no immediate rezoning plans for these districts to be applied to any properties. The ORT zoning district is expected to be applied to properties on Dunlawton Ave. (i.e. between Herbert St. and Dunlawton Ave., east of the FEC railroad) that recently had their Future Land Use changed to ORT as part of the 11-1 Comprehensive Plan Amendments.

 

Staff recommends Council adopt Ordinance No. 2011-29, amending Chapters 2, 17, and 18 of the City’s Land Development Code for Case No. 11-25000004 creating three new zoning categories, as recommended by the Planning Commission.

 

Item 14 -        Second Reading – Ordinance No. 2011-12 – City Council Redistricting – Census 2010

 

The Districting Commission met on May 20th and 31st, 2011 to consider revisions to the City Council Districts based on the 2010 Census data. Staff prepared three initial example maps of boundary options intended to balance the population distribution while following natural boundary lines. After discussion and review of additional variations to the boundaries using interactive GIS software, the Commission recommended a revised version of “Option 2”.  On June 28, 2011, the City Council reviewed the Districting Commission’s recommendation and the various map options and ultimately directed staff to bring back the Commission’s recommendation in ordinance form for adoption.  

 

Staff recommends adoption of Ordinance No. 2011-12, amending the City Council Districts, as recommended by the Districting Commission.

 

Item 15 -        Second Reading – Ordinance No. 2011-31 - Flood Plain/conservation zoning of a 9 acre tract - Stanaki

 

On July 26, 2011, the City Council adopted Ordinance 2011-11 rezoning ±216 acres of a 225-acre property purchased by the City in 2007, lying east of I-95, west of the Spruce Creek Preserve, and south of Spruce Creek, from Planned Unit Development (PUD) (part of Woodhaven PUD, formerly Stanaki) to Government/Public Use (GPU).

This current ordinance ratifies Ordinance No. 2000-52 that the remaining 9-acres of the overall 225-acre property is zoned as Flood-plain Conservation (F-C).

 

Staff recommends adoption of Ordinance No. 2011-31, ratifying the zoning of ±9 acres, of a 225-acre property, as Flood-plain Conservation (F-C).

 

Item 16 -        First Reading – Ordinance No. 2011-32 – Land Development Code Text Amendments/Pain Management Clinics Case No. 11-250000001 (Chapters 2, 12, 17, and 18)

 

At its October 27, 2011 meeting, the Planning Commission recommended approval,         5-0, of the administrative request to amend Chapters 2, 12, 17, and 18 of the Land Development Code to add “pain management clinics” as a permitted use with special development requirements within the “PO” (Professional Office) zoning district and to provide accompanying and clarifying regulatory requirements and definitions. Please see the attached staff report for more information.

Staff recommends adoption of Ordinance No. 2011-32, amending Chapters 2, 12, 17, and 18 of the Land Development Code (LDC), as recommended by the Planning Commission. 

Item 17 -        First Reading – Ordinance No. 2011-34 - Adoption of the 2011 Capital Improvements Element (C.I.E.) Annual Update

 

On October 27, 2011, the Planning Commission recommended approval to adopt the 2011 Capital Improvements Element Annual Update. 

Every year local governments are required to update their Capital Improvements Element (CIE), including the Five-Year Schedule of Capital Improvements (Schedule). The purpose of the C.I.E. and the Schedule is to identify the capital improvements needed to implement the Comprehensive Plan and ensure the adopted level-of-service standards are achieved and maintained for concurrency-related facilities. These facilities include water, sewer, stormwater, solid waste, roads, parks, and schools.

The amendments to the C.I.E. are attached for review and include the updated Schedule and other various text amendments to update data related to the Schedule and other statutorily required information, such as: 

·         Projects included in the Transportation Planning Organization’s (TPO) Transportation Improvements Program (TIP) that the City relies on for concurrency; and

·         The Volusia County School District Five-Year Work Program.

 

All of the required public facilities meet the City’s adopted level of service standards. Therefore, these proposed amendments to the CIE primarily include improvements that will help maintain the level of service standards into the future.

Staff recommends adoption of Ordinance No. 2011-34, amending the Capital Improvements Element of the City’s Comprehensive Plan, in accordance with Florida Statutes.

 

Item 18 -        Resolution No. 11-61- 11-750000001/Proposed Easement for Right-of-Way Purposes Vacation – Peterson Lane

 

The Community Development Department has received a right-of-way vacation application for a portion of the Peterson Lane easement for right-of-way purposes. T & T Management, the adjacent property owner, has made this request in connection with the proposed Journeys End Subdivision plat. That plat includes utility and drainage easements for existing improvements.

The right-of-way vacation application and legal description have been reviewed for completeness and accuracy. City departments and franchise utility companies reviewed the application and have requested that the resolution for the easement for right-of-way purposes vacation not be recorded until the Journeys End Subdivision plat is approved and recorded. Conditional release letters have been obtained from all franchise utility companies. The area was inspected with respect to City Codes and possible effects to adjacent properties. Previous subdivision plan reviews resolved concerns with secondary subdivision access. Roadway, drainage, sewer, and water improvements constructed with the Journeys End Subdivision development will have sufficient right-of-way and easement coverage with the recording of that development plat.  The easement for right-of-way purposes area may be vacated as described in the attached Exhibit “A”.

Staff recommends approval of Resolution #11-61, vacating the Peterson Lane easement for right-of-way purposes, per the attached legal description.

Item 19 -        Resolution No. 11- 62 - 11-750000001/Proposed Easement for Right-of-Way Vacation – Samsula/Airport Road

 

The Community Development Department has received a right-of-way vacation application for a portion of the Samsula / Airport Road prescriptive right-of-way. T & T Management and First Southern Bank, the adjacent property owners, have made this request in connection with the proposed Journeys End Subdivision plat. That plat includes a new road right-of-way for public access.

 

The right-of-way vacation application and legal description have been reviewed for completeness and accuracy. City departments and franchise utility companies reviewed the application and have requested that the resolution for the right-of-way vacation not be recorded until the Journeys End Subdivision plat is approved and recorded. Conditional release letters have been obtained from all franchise utility companies. The area was inspected with respect to City Codes and possible effects to adjacent properties resulting in no outstanding concerns. Roadway, drainage, sewer, and water improvements constructed with the Journeys End Subdivision development will have sufficient right-of-way and easement coverage with the recording of that development plat.  The right-of-way area may be vacated as described in the attached Exhibit “A”.

Staff recommends approval of Resolution #11-62, vacating the Samsula / Airport Road prescriptive right-of-way, per the attached legal description.

Item 20 -        Resolution No. 11-64 - Renaming a 300 Foot Portion of Taylor Road to Journey’s End Way

 

The developer of the proposed Journey’s End Subdivision has requested the renaming of the 300 foot portion of Taylor Road, east of I-95, to Journey’s End Way. 

Staff recommends approval of Resolution No. 11-65

Item 21 -        Journey’s End Subdivision Final Plat & Plans – Case No. 00-50000008

 

Due to the change in ownership of the property, there have been some minor changes and additions made to the plat approved by the City Council in 2001. The minor changes or additions are as follows:

1.    The plat and overall boundary survey have been revised to exclude a 0.0375 acre portion at the northwest corner of the plat that contains an area subject to mineral rights. The mineral rights parcel will be conveyed to the City separately through a “Deed of Dedication”;

2.    The north line of Tract C has been adjusted slightly based upon a review of published data which was not available with the original survey;

3.    A note has been added to provide the adjoining property owner to the south a stormwater easement;

4.    The name of the subdivision has been changed from Peacock Way to Journey’s End;

5.    The name of the public right-of-way has been changed from Journey’s End “Drive” has to Journey’s End “Way”; and

6.    The name of the property owners and the Property Owners Association have been changed to reflect the new ownership

 

At its October 27, 2011 meeting, the Planning Commission reviewed the minor changes to the Journey’s End Final Plat and did not have any objections.

If the City Council does not have any objections to the minor changes and additions to the final plat, the property owners can move forward with recording the subdivision plat.

 

Item 22 -        Developer for Journey’s End Subdivision and County Inn and Suites site requesting deferral of payment of transportation fees and utility fee

 

On April 5, 2011 Karl Thomas, President of T & T Management, Inc. the owner of the Country Inn and Suites and the adjoining property requested a deferral of fees due to the city.  After the April 5, 2011 meeting with City Council, the Developer commenced construction of the project.  The Developer anticipates completion of the subdivision and the site development of the hotel on December t, 2011.  In order to obtain the Certificate of Occupancy for the hotel, the Developer must record the subdivision and pay the fees for transportation and utilities in the amount of $144,542.50.  The attached Forbearance Agreement permits the Developer to defer pay as set forth in the Agreement and the city has liens of record until such payments are satisfied.  Staff recommends approval of the Forbearance Agreement attached hereto with the Exhibits.   

Staff recommends approval of the Forbearance Agreement and Exhibits in substantially the same form as attached hereto; and authorization of the recording of the Liens prior to issuance of the Certificate of Occupancy.

 

If you have questions about any of the items on this item, please feel free to contact Margaret or me.

I.      HUMAN RESOURCES (Rob Zicker)

 

Item 23 -        Workforce Wellness Partnership

Important Points to Remember about Workforce Wellness

 

In an effort to reduce health insurance claims costs and reduce the City’s health insurance premiums, City staff has explored various health clinic models. Florida Health Care has offered a Workforce Wellness Partnership to the City that would provide many of the benefits as a health clinic without the start up costs. The Workforce Wellness Partnership would focus on wellness, preventative, and primary care services. In addition, much of the occupational health services such as pre-employment physicals and random/reasonable suspicion drug testing would also be included. This program offers expanded hours of operation and expanded services to our employees and their dependents without startup costs to the City.

 

Staff recommends approving the Workforce Wellness Partnership with Florida Health Care.

 

J.    ADMINISTRATION (Ken Parker)

 

Item 24 -        Authorization for the City Attorney to send Notice of Non Acceptance to Veolia ES Solid Waste Southeast, Inc. including an alternative Notice of Termination for Convenience

 

The Notice of non-acceptance, including an alternative Notice of Termination for Convenience to Veolia ES Solid Waste Southeast, Inc. is advisable in connection with the litigation recently commenced by Veolia against the City regarding City Bid B11-08 Solid Waste, Yard Waste, and Recyclable Materials. A copy of the proposed Notice is attached.

 

Staff recommends authorizing the City Attorney to send Notice of Non Acceptance to Veolia ES Solid Waste Southeast, Inc. including an alternative Notice of Termination for Convenience.

 

If you have questions about any of the items on this item, please feel free to contact Margaret or me.

Item 25 -        Impact Fees

 

This is a follow up to our previous discussion about Impact Fees.  Since the last time this item was discussed, there have been several cities who have taken action related to impact fees.  Daytona Beach placed their Impact Fee moratorium ordinance on first reading on Wednesday night, November 2.  South Daytona enacted theirs in October. Deland enacted theirs in September.  I have attached all the materials from the various cities for your review.  Will the lowering of impact fees generate more new construction? That is an unknown factor.  Those who have adopted fee moratoriums are willing to test the theory.  Most of the cities have not reduced their water and sewer impact fees.  They have focused on reductions in fire, police, general governmental, recreation, and transportation.  Some have targeted their reductions while others have allowed them to be city wide.

 

The second issue relates to the Eagles Project on South Ridgewood Avenue.  They are nearing completion.  They are entitled to credits against their water and sewer impact fee based upon the fixture count that is being eliminated in their existing building.  The same is true for their transportation impact fee.  Depending on what you decide related to impact fees moratorium, could determine what fees will apply.  For example, if you place a moratorium on fire impact fees, then that fee would go away.  If you place a moratorium on transportation impact fee within the Ridgewood corridor, then the transportation impact fee would be eliminated.  I would not recommend eliminating water and sewer impact fees. 

 

K.   COUNCIL COMMENTS

 

Item 26 -        Comments/Concerns from Council Members

 

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

 

 

KWP/rlf