To:                   Mayor Allen Green

Vice Mayor Robert Pohlmann

Council Member Bob Ford

Council Member Donald Burnette

Council Member Dennis Kennedy


From:              Kenneth W. Parker, City Manager


Subject:          Agenda Commentary for Regular City Council Meeting of

  May 15, 2012


Date:               May 10, 2012



The workshop meeting prior to the regular City Council Meeting will focus on Public Works.  That meeting will begin at 5:30 p.m.  Roger Smith will be making the presentation related to the Public Works Budget.  I reviewed a portion of his presentation this morning.  He has some more slides to add to his power point.  You should receive it on Friday afternoon.




Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call




Item 4 -           Spruce Creek High School Jazz Band


Andrew Kidd will be present on Tuesday night representing the Spruce Creek High School Jazz Band and the Spruce Creek High School Band Program.  Spruce Creek is recognized as a premiere music program.  The Jazz Program at Creek is recognized as one of the best programs in Florida. 


Annually, the Lakeside Jazz Festival is held at the City Center as part of our concert in the Park Program.  The Festival is sponsored by both Spruce Creek and Atlantic High School Band Programs.  This festival features the top jazz bands from Florida and often draws bands from outside the State of Florida.


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




Item 5 -           Approval of Minutes


a.    May 1, 2012 – Special City Council Meeting (Parks & Rec Budget)

b.    May 1, 2012 – Regular City Council Meeting


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


Item 6 -           Administrative Code Update for Office Assistant IV


During our review of authorized positions it was noted the Office Assistant IV, reporting to the Purchasing Coordinator, was not approved in the Administrative Code.  This position was the Parts Clerk position eliminated at the end of last fiscal year.   The need for the position’s duties and funding have been established in the current year; however, the administrative code allowing the existence of the position should be formalized. Please see the attached discussion regarding this job and flow chart showing placement.


Staff recommends approval of the change in the Administrative Code allowing placement of an Office Assistant IV reporting to the Purchasing Coordinator.


Item 7 -           Staff Reports – Building Activity Report and Monthly Development Activity Report for April, 2012


Attached are the monthly reports from the Community Development Department.  Should you have questions, please feel free to contact Wayne Clark or me.


Item 8 -           Change Order #2 to our Sanitary Sewer Rehabilitation Contract with Danus Utilities, Inc.


Danus Utilities Inc. continues to work jointly with us to successfully complete sewer rehabilitation work in many areas of our sewer collection system.  We have recently identified 3 pump stations which will need specialty rehab efforts which Danus can provide assistance under our existing contract.  We also continue to find sanitary manholes within our vast sanitary sewer collection system which require assistance in specialty concrete rehabilitation. City staff and Danus are currently in the process of planning the work efforts specifically on the; Ponce Inlet Master Station, Southwinds # 49, and Lamplighter # 41 Lift Stations.


We would like to continue to utilize Danus under their existing contract with us for these specialty work items involving sanitary manholes and wetwell rehabilitation/refurbishment throughout the remaining fiscal year. 


Danus has established a good working relationship with us over the past several years, performs well, is very reliable, knowledgeable, and is very easy to work with.  They are also a local firm based out of Port Orange.  We therefore request your approval at this time to approve Change Order #2 to the contract with Danus Utilities Inc. for the rehabilitation of various manholes / wetwells in the amount of $30,000, making the revised contract amount $120,000.            


This project was approved previously in the FY 2011-2012 Capital Improvement Program.  Funds are currently available in the Sewer System Rehabilitation Project.   


Project No: URH001 Funding Account No: 421-0401-535-6397 and 403-0401-535-6397


Staff recommends approval of Change Order #2 to our existing contract with Danus Utilities Inc. for the rehabilitation of various manholes and wetwells for the additive amount of $30,000 making the revised contract amount $120,000. 




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.



Item 10-         First Reading – Ordinance No. 2012-11– Annexation/Copp, George Jay, 2165 and 2173 Tomoka Farms Road


A request for voluntary annexation of +/- 16 acres, together with the 50-ft. platted (unnamed) unpaved road abutting the southerly boundaries of the subject property and the adjacent parcel to the east annexed into the City of Port Orange by Ord. 2006-49.


The subject property consists of two parcels, each developed with a single-family home. The subject property is located within the limits of the Volusia County Tomoka Farms Village Local Area (TFVLA) Plan, which strives to maintain the rural character of the area. The TFVLA Plan requires the preservation of the existing land use densities currently designated on the Volusia County FLU Map. For consistency with the TFVLA Plan, the applicant intends to change the FLU designation of the subject property to City Rural Transition and to rezone the subject property to “A” (Agriculture - 1 unit/acre).


Staff recommends adoption of Ordinance No. 2012-11, annexing approximately 16 acres of land located at 2165 and 2173 Tomoka Farms Road.


F.    HUMAN RESOURCES (Rob Zicker)

Item 11 -        Second Reading – Ordinance No. 2012-4 – Revision of Article V, Chapter 54, Section 54-122 of the Police Pension Fund Ordinance in order to comply with recent changes to Florida Statutes


The City has entered into a collective bargaining agreement with the Police Benevolent Association, covering City police officers for the period October 1, 2009 through September 30, 2012.  The collective bargaining agreement contains certain changes to the City of Port Orange Police Pension Fund to comply with recent statutory changes.  In order to implement the changes to the Police Pension Fund contained in the collective bargaining agreement, an amendment to Section 54-122 of Article V of Chapter 54 of the City Code is necessary.


Staff recommends approval of Ordinance 2012-4


Item 12 -        ICMA-RC Amended Adoption Agreement for General Employees 401(a) Plan


With the ratification of the PEA Agreement effective on 10/01/12 new PEA employees now have the option to elect the General Employees Defined Benefit Plan with reduced benefits OR the ICMA-RC 401(a) Plan which is a Defined Contribution Plan.  The City currently contributes 10% on behalf of the employee to the 401(a) Plan.  The employee has the option to make voluntary contributions which the City will match ˝% for each 1% the employee contributes.  Currently these matching contributions from the City go to the 457 Deferred Compensation Plan.  The attached plan documents amend this to have the City’s matching portion go to the 401(a) Plan which will be subject to the same 10 year vesting schedule unlike the 457 Plan which has none.


Staff recommends approval of amended plan documents for ICMA-RC 401(a) plan 108373 for General Employees.




Item 13 –       Comments/Concerns from Council Members


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