To:                   Mayor Allen Green

                        Vice Mayor Bob 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

                        July 24, 2012


Date:               July 18, 2011 - Revised 7/20/12 to add Item #15a





Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call




Item 4 -           Local Business Spotlight


The Port Orange-South Daytona Chamber of Commerce will present the featured business of the month.


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.


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





Item 6-            Project Managers’ Report


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


Item 7 -           Update on Altamira Project


Attached is the update on the Altamira project. If you have questions, please contact Wayne Clark or me.


Item 8 -           Change Order #3 Spruce Creek/Dunlawton Intersection Improvements


Attached is change order # 3 in the amount of $10,435.77 to provide several items necessary to complete the Spruce Creek/Dunlawton Intersection Improvement project. This is the third change order to the original contract and includes four items. Item 1 is the redirection of stormwater from structure S-6 to drain directly to the retention pond.  A proposed pipe will be relocated to avoid a conflict discovered during installation resulting in a more efficient way to convey stormwater from the road to the retention pond.  Item 2 contains two parts, the addition of a pedestrian pole and the deduction of an additional engineering fee to revise the signal plans due to incorrect installation of the mast arm. Item 3 includes grouting and abandoning in place a manhole that was discovered and not shown on the plans.  Item 4 consists of utilizing a 5/8” wedge anchor in place of a wood post for the guardrail end anchorage.  These changes have been recommended by the design engineer (QLH), reviewed and approved by the CEI engineer (CPH) and approval has been received from FDOT. Staff will seek reimbursement pursuant to our LAP agreement with the Department for these additional costs.

Staff recommends approval of change order # 3 in the amount of $10,435.77 for the Spruce Creek/Dunlawton Intersection Improvement project. Total change orders to date ($30,768.82) represent 6% of the construction cost and are well under the original construction estimate and the project budget.

Project No.:                TIF001            Funding Account No.:       301-4300-541-81-10           

Staff recommends approval of change order # 3 to Masci Corporation in the amount of $10,435.77 for the Spruce Creek/Dunlawton Intersection Improvement project, subject to receipt of the executed change order.

Item 9 -           Approval to Utilize Outside Counsel, LaRue Williams as legal representation for the City of Port Orange and Waste Pro


Kinsey, Vincent, Pyle, PL was engaged by the City of Port Orange last October to represent the City in the case of Veolia ES Solid Waste Southeast, Inc. vs. Waste Pro of Florida, Inc. and the City of Port Orange, Florida, Case Number 2011-032363. Waste Pro, Inc. seeks to utilize S. LaRue Williams, Esquire as its principal attorney. Both clients must acknowledge the combined representation pursuant to the attached form. City Attorney’s Office recommends approval.




Item 10-         Second Reading – Ordinance No. 2012-8 – Small-Scale Future Land Use Amendment/Summit Golf Center/Tim Peightal (Tabled July 17, 2012)


At its March 22, 2012 meeting, the Planning Commission recommended approval, 6-0, of an amendment to the Future Land Use (FLU) Map of the City of Port Orange Comprehensive Plan. This map amendment is to change the FLU designation of approximately 9.9 acres, located at 4116 S. Nova Road, from Conservation to Warehouse/Industrial. The amendment is being processed pursuant to the November 2011 Settlement Agreement. If approved, the owner intends to rezone the property to a category consistent with the FLU.


Staff recommends adoption of Ordinance No. 2012-8 amending the Future Land Use Map of the City of Port Orange, as recommended by the Planning Commission, and pursuant to the November 2011 Settlement Agreement with Summit Golf Academy Inc. and Timothy G. Peightal.


City Manager Comments: This item is to remain on the table until the applicant is ready to proceed or 90 days runs.


F.    FINANCE (John Shelley)


Item 11 -    Resolution No. 12-32 – Formally Adopting Existing Cash and Investment Equity Reserves Policy 1-29


The City’s Cash and Investment Equity Reserves Policy 1 – 29 has existed since the 1990’s but was never formally adopted by resolution by the City Council.  The provisions of this policy apply to the determination of desired “Net Equity Reserves” for the City of Port Orange, Florida.

The desired net equity reserve maintained by specified operating funds shall be held at a particular level. This optimal level has been determined to be 15% of the respective operating budgets at the beginning of the fiscal year or a net equity reserve equal to at least 54 consecutive days.

Staff recommends approval of Resolution No. 12-32.


City Manager Comments: Although previous City Councils have stated that it was the Council policy to maintain a 15% reserve in the operating funds, we found that the prior Councils were willing to have it as a verbal policy first and then as a formal Administrative Policy later.  They saw no need to adopt the policy formally.  During the most recent bond rating, a question was raised about whether the City Council had a formal adopted equity policy.  The City was able to provide the rating agencies with the Administrative Policy.  Although the rating agencies did not require a formal adopted policy, staff felt that it would be better to have it adopted as a formal policy rather than a verbal policy of the City Council.  The operating funds that are impacted by the 15% equity position are General Fund, Water and Sewer, and Solid Waste.  Renewal and Replacement funds, Vehicle and Equipment Replacement Funds, Internal Loan Funds, Forestry Management Funds, Mitigation Bank Funds, Debt Service Funds, Grant Funds, Capital Construction Funds including the Drainage Utility Fund and Bond Construction Funds, and Internal Service Funds are not subject to the 15% equity since they are not operating funds.  At some point, you would like to have a 15% equity in the Building Inspection Fund and in the two CRA’s.   


Item 12 -    Monthly Financial Report


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


G.   PUBLIC UTILITIES (Shannon Lewis)

Item 13 -        Second Reading – Ordinance No. 2012-17 – Industrial Pretreatment Ordinance Revisions requested by Florida Department of Environmental Protection


The Florida Department of Environmental Protection (FDEP) requires a headworks analysis and accompanying Sewer Use Ordinance modifications within 180 days of a new Wastewater Plant permit. FDEP has allowed the June 2009 permit requirements to be extended to the current date. FDEP has preliminarily approved the draft ordinance.


Staff recommends approval of Ordinance No. 2012-17, modifying sections 74-100 through section 74-120 of the Code of Ordinances.




Item 14 -        Discussion relating to Fire Service Fees


Council Member Ford asked that I prepare a report concerning Fire Service Fees.  Previous City Councils have discussed Fire Service Fees in the past.  Fire Service Fees is based upon the cost of the service rather than funding based upon property value.  The report that was provided to you some weeks ago and is included in the packet outlines the concept and what the charge would be.  The report discusses how the fee collection method.  If the fee is to be collected as a non-ad valorem assessment, notice to the Property Appraiser would have to be given before the end of December.  If the fee is to be collected as part of the City’s utility bill, then an Ordinance would have to be drafted and adopted.  The fee would have to be validated by a consultant to be sure that the fee is appropriate.  The estimated fee that is included in the report is based upon the work performed the last time the City Council considered the fee.  The fee validation report was done by Government Services Group, Tallahassee.


Item 15 -        Discussion relating to Combining Public Works and Public Utilities


Council Member Burnette asked that I report a report concerning merging Public Works and Public Utilities under one administrative department head.  If the Council decides authorize the administrative merger, I would bring the Administrative Code back to the City Council in August.  Although there are several models that can be used, the administrative merger is the one that probably works best now.  An administrative merger would simply bring the operational components under one single Department Head.  This is what we did last year when we did an administrative merger of Public Safety.  There would be three operating sections, Engineering, Public Works and Public Utilities.  The County of Volusia is organized in this fashion as is the City of Deland.  Some time ago, the City of Daytona Beach divided the Public Utilities and Public Works operations into two separate departments. 


Item 15a - Discussion relating to the Applicant Profile for City Manager




Item 16 -        Comments/Concerns from Council Members


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


Item 17 -        City Council Committee Reports


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