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
August 28, 2012
Date: August 22, 2011
At 5:30 p.m., there will be a budget workshop. There will be two items discussed. The first will be a discussion on changes to the budget that have been made since the July workshop session. By making certain changes, the staff has been able to balance the General Fund budget. Those changes include purchasing the fuel system this year rather than using a fuel surcharge thereby reducing the amount that has been budgeted for fuel. Making adjustments to the insurance fund because of the rebate that the City has received from the Florida League of Cities and also the premiums have now been confirmed for the upcoming fiscal year. The third area is interest earnings from the debt service reserve fund being applied to reduce the transfer from the General Fund to Debt Service Fund.
There is a policy question: Does the City Council want to budget for the transitional cost associated with the change in City Managers from the equity or does the City Council want to fund it from 2012-13 Operating Revenues? It is estimated that the transitional cost will be $107,000. This includes setting aside money for relocation expenses, pay out of sick and vacation leave, and other unanticipated transitional expenses. If you take it from fund equity, then you will have additional money for General Fund contingency or for other uses as determined by the City Council in the next year’s budget. If you place the amount in the contingency, it would increase the contingency amount to $156,538..
Before the second Public Hearing, the City Council should have the actuarial report from the Fire Pension Board’s actuary on the changes in benefits. We anticipate that the actual amount will be lower than what is currently budgeted.
The final element in the 2010 IAFF impasse is prepared to be implement. It will have the following impact on the Fire Department budget_____. The impact has not been calculated into the reductions to the General Fund.
The portion of the discussion is final BER for the year. Finance and the Departments have completed their review of the budget. Finance has reviewed both revenues and expenditures. They have estimated the revenues for the remainder of the year as well as reviewed all expenditures that are anticipated between now and September 30.
In the Police Department Budget, there are the funds that were budgeted for transitional cost associated with the RCC. Those funds will not be needed. A decision has been made to not convert all the records to the County’s records system but rather to keep them on the current platform. The City did the same thing when we transitioned from HTE to OSSI when RCC was established. It worked extremely well. The City budgeted $300,000 for transitional cost associated with converting both Police and Fire records. All three of the RCC cities have agreed this is the best approach to handling records management.
The second area where savings have occurred is in the area of Pension contribution. This is a combination of things, vacancies, lower salaries, DROP, and retirements. As you know, the current method is percent of payroll. At the beginning of each year, the Finance Department prepares a position budget. For each position the percentage of payroll for that specific pension plan is calculated to determine what amount is to be budgeted for the upcoming year. For example in the Fire Department, there have been a number of vacancies this past year. Because of the vacancies when you apply the percentage of payroll to the actual pensionable salaries the amount that is required to be contributed is lower than what was budgeted. The same is true in each of the other Pension Funds.
The policy question is whether to contribute the percentage of payroll or the actual dollar amount budgeted. Last year, when the General Employee Pension Actuary appeared before the City Council, he talked about the additional contribution being able to help keep the contribution rates more stable. You received an email with the amounts included.
The third area is vacant positions. You will see this especially in Fire. As you know, the City has held positions vacant throughout the year awaiting the final ruling from PERC and from the First District Court of Appeals. Those are now in place. The Pension Ordinance is prepared to come forward on first reading on this agenda. The City will be filled those positions as soon as the Pension Ordinance with the changes are enacted. The reserve program has provided the City with a core of excellent applicants. Even after the full time positions are filled, it would be beneficial for the City to maintain the reserve program.
In the BER presentation, I will be presenting an option of transferring funds from the General Fund to the Loan Pool that would allow that fund to provide up to five years of loan assistance to the Town Center CRA to meet its debt service obligation. This would allow the City Council to track funding assistance provided to the CRA and to recover the funds in the future. There are options to the physical transfer to the Loan Pool. First, the City Council could reserve the funds inside the General Fund for this purpose and only transfer the funds to the Loan Pool when needed. Second, the City Council could make a decision on an annual basis without transferring the funds or setting them up in a reserve. Even if the funds were transferred to the Loan Pool, it would require on an annual basis the actual allocation of the necessary funds from the Loan Pool to the Town Center CRA. I would suggest that a legal document be entered into between the City and the CRA related to any funds loan to the CRA from the City’s General Fund.
Item 1 - Pledge of Allegiance
Item 2 - Silent Invocation
Item 3 - Roll Call
B. SPECIAL REPORTS, AWARDS, AND PROCLAMATIONS
The National Association of Legal Assistants (NALA) provides credentialing programs for the City’s paralegal staff through on-line course work and without the expense of travel. Betty Ceribelli has received an Advanced Paralegal Certification in the area of Land Use from NALA. This certification includes 20 hours of continuing education credit. Betty previously attained an Advance Paralegal Certification in the area of Contract Administration and Contract Management. The City Attorney extends her appreciation to Betty for the service and dedication to the legal profession that she has provided to the City Attorney.
The Port Orange-South Daytona Chamber of Commerce will present the featured business of the month.
As requested by Councilman Burnette, a representative from FPL will discuss their Smart Meters with citizens and Council.
C. CITIZEN PARTICIPATION (Non-Agenda- 15 minutes)
D. CONSENT AGENDA
Item 7 - Approval of Minutes
Attached are the Minutes from recently held City Council meetings. If you have questions, please contact Robin or me.
Attached is the Project Managers’ Report. If you have questions, please contact any of the Project Managers or me.
The attached staff reports include the Development Activity Report and the Building Activity Report. These reports provide information on proposed development and projects under construction, commercial code enforcement activity, and monthly building permits and inspection updates.
Staff recommends that Council accept the staff reports (Building Activity Report and Monthly Development Activity Report).
PLANNING COMMISSION ACTION: July 26, 2012:
Recommend adoption, 5-0 (Commissioners Laney & Barker excused), of the proposed 2013 Critical Dates Calendars. These calendars are structured similar to the calendars that were adopted for 2012. The only significant changes to the calendars occur during the months of November and December due to Holiday scheduling conflicts.
Staff recommends adoption of the 2013 Critical Dates Calendars, as recommended by the Planning Commission.
Item 11 - Addendum No. 88 with Quentin L. Hampton Associates, Inc. for engineering services for Dunlawton Avenue Drainage Improvements and Reclaimed Water Augmentation Ponds Grant Compliance and Quality Assurance Project Plan (QAPP)
The City has obtained grant funding from the Florida Department of Transportation (FDOT) and Department of Environmental Protection (FDEP) for the Dunlawton Avenue Drainage Improvements and Reclaimed Water Augmentation Ponds Project. The grant requires post construction water quality monitoring, including weekly composite samples, as well as reporting. Under this Addendum, QLH is responsible for the preparation of a Quality Assurance Project Plan, quarterly project updates, final reporting and continuous monitoring equipment. QLH will compile the sample data quarterly and submit to FDEP. The engineering fee is based upon the existing contract rates and is grant reimbursable. The proposal includes rental of two automatic samplers for the weekly sampling.
Project No.: DIP048 Funding Account No.: 421-0400-535.63-97
Staff recommends approval of Addendum No. 88 with Quentin L. Hampton Associates, Inc. (QLH) in the amount of $24,000 for Dunlawton Avenue Drainage Improvements and Reclaimed Water Augmentation Ponds Grant Compliance and Quality Assurance Project Plan and to authorize the Mayor and City Manager to execute all necessary documents.
To comply with the requirements of the City’s Consumptive Use Permit (CUP) as well as St. Johns River Water Management District (SJRWMD), Florida Department of Environmental Protection (FDEP) and Army Corps of Engineers (ACOE) regulatory permit requirements associated with water production, reclaimed water discharge and storage and wetland mitigation bank, the City is required to conduct biological and hydrological data collection, reporting, submittals and revisions throughout the year.
Biological Consulting Services, Inc. (BCS) has assisted the City in the past and is familiar with the permit requirements and conditions. Their current contract expires September 30, 2012. BCS has agreed to provide the necessary professional environmental services under the same terms and conditions as the County’s contract. Funding for these services - $39,650 - is budgeted in the Public Utilities Administration, Wetland Mitigation and Forestry Funds.
Project No.: EFM001 Funding Account No.: 420-1000-536.31-63,
Staff recommends approval of a wrap-around agreement for professional environmental services, including biological and hydrological monitoring in an amount not to exceed $39,650 as established by contract through the County of Volusia and Biological Consulting Services, Inc. through RSQ #09-SQ-174DS.
On December 7, 2010, the City entered into a one-year license agreement with Volusia County for use of the City right-of-way on South Swallow Tail Drive for a Votran Transit Transfer Station. On December 6, 2011, Council approved a six month extension of the agreement and another three month extension on June 7, 2012, which is set to expire on September 7, 2012.
Volusia County Transit (Votran) is requesting another extension of the agreement to use the South Swallow Tail Drive right-of-way while City staff and County staff finalize a proposed Interlocal Agreement that will replace the existing license agreement. Votran needs additional time to resolve sidewalk maintenance issues with the Federal Transportation Administration. The transfer station is necessary for Votran to transfer passengers between buses to maintain routes and schedules.
Staff recommends approval of a three month extension of the existing license agreement with Volusia County for use of the City right-of-way on South Swallow Tail Drive for a Votran Transit Transfer Station and authorizing the Mayor and City Manager to execute all necessary documents.
The Reclaimed Water Treatment Plant is nearing the end of a $24,000 eight-week pilot study with Premier Magnesia, LLC, a sole source vendor, using their Magnesium Hydroxide Mg(OH)2. The object of the pilot study is to increase the low pH and alkalinity at the Reclaimed Water Treatment Plant to in order to stay within Florida Department of Environmental Protection (FDEP) parameters. Magnesium Hydroxide is the only NON-HAZARDOUS, EARTH-FRIENDLY alternative for increasing pH, alkalinity and reduction of Hydrogen Sulfide gases within sanitary sewer systems. The results of the study have been extremely positive and effective. Funding to implement the full-time use of the Magnesium Hydroxide was requested in the FY13 budget and a wrap-around agreement is under preparation. In order to maintain the positive results and stay within the FDEP permit limits, the Public Utilities Department is requesting authorization to extend the pilot project through this fiscal year in the additional amount of $18,800, for a total project cost of $42,800. Funds are available in the plant’s chemical account.
Project No.: n/a Funding Account No.: 401-0400-535.52-19
Staff recommends authorization of the extension of the Magnesium Hydroxide Pilot Project at the Reclaimed Water Treatment Plant with Premier Magnesia, LLC as a Sole Source Vendor in the total amount of $42,800, subject to contract and insurance.
The City and the PBA have negotiated a 2012-2014 collective bargaining agreement. On 08/09/12 and 08/10/2012, the PBA members voted in favor of this agreement.
Staff Recommends approving the 2012-2014 PBA collective bargaining agreement.
On July 20, 2012, P & S Paving, Inc. damaged an existing 18” potable waterline underneath the B-19 Canal immediately south of the Dunlawton Avenue double box culvert. City field operations staff were called immediately responded to isolate the waterline break on either side of the canal. Full water service was restored to all City water customers in the immediate area within 3 hours. A temporary repair band was then placed around the pipe however due to the existing pipes damaged / degraded condition the waterline has been kept out of service since that time until a more permanent waterline repair could be proposed.
The developer’s engineer, Alann Engineering, after a two week time, proposed that a 32’ section of pipe should be reinstalled and lowered approximately 30” deeper below the proposed rock armoring at the bottom of the canal. This was per the requirements of the County of Volusia through their County Use Permitting process in the review of their proposal to relocate the canal. City staff engineers believe that a better alternative is to relocate / reinstall the 18” potable waterline above the box culvert and below the existing sidewalk. This will also provide for better long term maintenance. Cost proposals were solicited from several area contractors for both alternatives and delivered to the City on August 10, 2010. Permits are in the process of being obtained by the Public Utilities engineering staff from the FDOT and the Volusia County Health Department to proceed with this work. Informal approvals have already been granted by these agencies. Currently we believe that the design engineer’s original design proposal is no longer a viable option due to consistent rainfall events and additional costs related to bypass pumping and wellpointing that now would be required. Six proposals were solicited and five were received and evaluated. Scott Construction, a proven local firm has submitted the lowest cost proposal based on the City’s preferred in-house design option for above the box culvert. The City Manager issued an approval to Scott Construction to proceed with this work under an Emergency Purchase Order authorization on August 15, 2012. We would like to request your concurrence on this emergency approval at this time. Funds were appropriated out of Water System Replacement Project to fund this necessary work.
Funding Account No.: 401-0300-536-6397
Staff recommends approval of an Emergency Work Authorization to Scott Construction for 18” Potable Waterline Replacement at the B-19 Canal and Dunlawton Avenue in the amount of $92,936 and to authorize the Mayor and City Manager to sign all required contract documents. Subject to City Attorney’s approval of all required documents.
City Manager Comments: The water line that is under the B-19 canal just south of Dunlawton was hit a few days ago. After careful evaluation, staff has determined that it is in the best interest of the City to relocate the water line from under the canal and place it under the existing sidewalk on Dunlawton Avenue. The City has received approval from FDOT and from the Health Department to relocate the water line to the sidewalk area. This line has been valved off and is not leaking since the line was originally hit.
The reason that this is being handled as an emergency, not a normal project bid, is because the gas company is planning work on Willow Run Boulevard near one of our major distribution mains and there is utility work associated with Altamira near the water line on Taylor Road. We did not feel comfortable with the construction occurring near two major distribution mains with this one section being out of service.
I know that P&S has stated that they were not asked to quote on the job. However, their Utility sub-contractor was asked to provide a quote. That contractor did not submit a quote to the City to do this repair work. We met on site with all the contractors. P&S utility contractor was present.
E. TABLED ITEMS
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: The property owner has indicated that he is not interested in trading properties with the City of Port Orange. Therefore, he has requested that this item be removed for the table on September 18 and acted upon by the City Council. The City Clerk is authorized to advertise the Ordinance for Second Reading.
F. FINANCE (John Shelley)
Attached is an Ordinance amending Chapter 54, Article IV, Code of Ordinances, City of Port Orange Florida, entitled Fire and Rescue Pension Fund; Amending Section 54-77, revising definitions; Amending Section 54-82, Revising the Normal retirement date and benefit amounts; Amending Section 54-91, revising the maximum pension limitation; Amending Section 54-100, revising the deferred option retirement plan. The financial impact of the attached Ordinance change is currently being prepared by the Actuary and will be attached to and included with the second reading of this Ordinance. These changes will become effective immediately upon adoption of the attached Ordinance. Please see the attached Ordinance for more detail.
Staff recommends approval of Ordinance No. 2012-19.
City Manager Comments: The City Council in March 2010 resolved the contract article related to pensions. Since that time, the City has been involved in several legal actions related to the contract itself. In May, 2012, the City received the ruling from the First District Court of Appeals on the Union’s appeal of the final PERC decision. This implements Ordinance implements the changes to the Pension Ordinance that was imposed by the City. The major changes are:
Firefighters will no longer be eligible to retire with 20 years of service regardless of age. They will have to meet the Chapter 175 minimum age requirements before they can retire. Those are:
Normal Retirement Age: 55 years of age and 10 years of service
Early Retirement Age 50 years of age and 10 years of service
Alternative Retirement Age 52 years of age and 25 years of service
COLA and Supplemental Benefits change:
An employee is only eligible for COLA and supplemental benefit if they complete 25 years of service.
The supplement is reduced from a maximum of $600 per month to a maximum of $500 per month.
The COLA is changed from a guaranteed 3% after being retired for 5 years to the lesser of 3% or the COLA received by Social Security Recipients. However, no COLA will be given until the Plan achieves a funding ratio of at least 80%.
Changed the definition of pensionable wage to exclude overtime, specialty and incentive pays, other lump sum payments to pensionable wage is only base salary.
Changed from the average of the high three years to the average of the high five years in order to determine the salary amount to be used to calculate the retirement benefit.
The multiplier did not change. It remained at 3%.
DROP is still in the contract article. What did change was DROP account will not be paid a guaranteed interest rate. They will earn what the plan earns or what the plan loses.
This resolution provides for the budget appropriation of the Herbert Street sidewalk project FDOT grant. Also this resolution adjusts appropriations for the 2006 GO Bond fund for available equity. Additional appropriations are included on this resolution for legal fees associated with Veolia, Golf Course fuel tank/enclosure repairs, new City fueling system, and the closing of the Public Work’s fund.
Staff recommends approval of Resolution No. 12 – 43.
There was a discussion about rate adjustments. The management company has provided a fee and rate plan for the next five years. In the past, the City Council has established the maximum rates for Cypress Head and allowed the company flexibility to adjust the rates in order to compete with area courses.
For example, the management company is asking the City to provide it with the ability to phase out the old play cards and replace it with a loyalty card that will provide discounts. Also, they are requesting that during the five year period to be allowed to gradually raise the founders and annual passes up to a maximum of $1500. What they are proposing this year is a 5% adjustment in the annual and founders fee. Annually, they will report to the City Council what they are changes they are proposing to the founders and annual pass holders fees as well as trail fees. The City Council can accept the recommendation or reject the fee at that time.
The actual rate that will be charged at the course depends on the season of the year and the rates that the competitive courses are charging. This just establishes the maximum rate that can be charged during the upcoming five year period.
• Golf Round – Change golf round player fee from $35 to $40.
• Cart Rental – Change cart rental fee from $12 to $20.
• Founders Pass - Change annual founders pass for players from $970 to $1,500, and for Spouse from $420 to 750.
• Annual Pass – Change annual pass for player from $970 to $1,500; and for spouse from $420 to $750.
• Trail Pass – Change trail pass from $1,100 to $1,500.
• Startup Trail Pass – Change startup trail pass – January 1 from $900 to $1,200; April 1 from $600 to $800; and July 1 from $300 to $400.
• Golf Round – Change golf round player fee from $53 to $60, maximum.
• Cart Rental Fee – Change cart rental fee from $12 to $25, maximum.
• Loyalty Card fee $250, maximum.
Authorize Loyalty Card Program to replace the 20 Play and Discount Card Programs.
Please see the attached Resolution for detail.
Staff recommends approval of Resolution No 12-44 revising the charges and fees for the Municipal Golf Course.
Attached is the Monthly Financial Report. If you have questions, please contact either John Shelley or me.
The proposed annexation consists of 21 residential lots, each developed with a single-family home, including adjacent roadways, totaling approximately 5.6 acres. A portion of the Madeline Heights Phase II and Pepper Hill subdivisions was mistakenly incompletely annexed in 1988 when the surrounding area was annexed into the City by Ordinances 1988-13 and 1988-14. Both annexation ordinances contained only partial legal descriptions of the area intended for incorporation into the City of Port Orange.
As a result of the error in the 1980s, all parties believed this land was part of the City of Port Orange. It was developed pursuant to the City’s Land Development Code regulations, under City Future Land Use and zoning designations, and all 21 single-family homes have been paying City taxes and receiving City services at inside City rates since the late 1980s.
Staff has contacted each of the property owners regarding this annexation, explained the situation, and has received signed and notarized affidavits from each of the property owners authorizing the annexation.
Staff recommends adoption of Ordinance No. 2012-20, annexing an approximately 5.6-acre enclave, consisting of 21 lots in the Madeline Heights Phase II and Pepper Hill subdivisions and the adjacent roadways.
The Planning Commission recommended approval, 5-0, to transmit the 12-1 Comprehensive Plan Amendments to the Florida Department of Economic Opportunity, the Volusia Growth Management Commission and other review agencies.
The amendments include a request to change the Future Land Use (FLU) designation of approximately 16 acres of land from Volusia County Rural to City of Port Orange Rural Transition (0-2 units/acre) with a text amendment to limit the density of the subject property to one unit per acre.
The subject property was annexed into the City of Port Orange in June 2012. The next step in the process is to change the FLU designation of the property from Volusia County to a City designation. The proposed amendment is a request to change the FLU to the City equivalent of the current Volusia County FLU designation, with no increase in allowable density. The staff report for this item is attached for your review.
Staff recommends adoption of Resolution No. 12-41, authorizing the transmittal of the 12-1 Comprehensive Plan Amendments to the Florida Department of Economic Opportunity, the Volusia Growth Management Commission and other review agencies, as recommended by the Planning Commission.
Staff advertised and received three responsive submittals for the Non-Exclusive Franchise for Roll-Off Containers (Bid # 12-43). Under this agreement the above vendors are allowed to contract container services for the collection and disposal of construction and demolition debris within the City of Port Orange with various organizations, firms, and entities. In exchange, each vendor agrees to pay a monthly franchise fee of eighty-five dollars ($85.00) and a twenty dollar ($20.00) “pull charge” on each container in service. This agreement will become effective October 1, 2012 through September 30, 2013.
Staff recommends approval of Ordinance No. 2012-22, Granting Non-Exclusive Franchise Agreement for Roll-Off Containers (Bid #12-43), to Waste Pro of Florida Inc., Southeast Container Service Inc., and Samsula Waste, Inc., and authorizing the Mayor and City Manager to execute contract documents as required.
The State Legislature appropriated funds to construct the Dunlawton Avenue Pond to address the flooding and water treatment needs of the Halifax/Nova Canal. The project permits have been secured and City Staff is ready to seek bids.
The FDEP grant award amount is $1,250,000.00. There is no match requirement. This grant will work in concert with the FDOT Grant to fund the Dunlawton Avenue Pond project. If you have any questions related to the grant agreement, please contact Kent Donahue. Fred Griffith is the project manager.
Staff recommends approval of Resolution 12-37 to accept a Florida Department of Environmental Protection Grant for the construction of the Dunlawton Pond. In addition, authorize the Mayor and City Manager to execute any and all agreements.
The purpose of this resolution is to establish the results of the election of Mayor and Council Member for District 3.
Staff recommends adoption of Resolution No. 12-42.
City Manager Ken Parker came before the City Council on August 21, 2012 seeking to name the fire station at 1090 City Center Blvd. in honor of former Fire Chief Michael L. Ertz. Chief Ertz was the fire chief from 1983 to 2003. During his tenure Chief Ertz made many progressive changes to the fire department some of those changes were, the introduction Advance Life Support units; Community Flu Shots; Public Education Programs; Computerized reporting; Mobile Computers in the fire Apparatus. Chief Ertz was a very strong advocate for the citizens of Port Orange and worked tirelessly to make sure they received the best service possible. The new name of the station would read “Chief Michael L. Ertz, Fire Station 73”. This would be placed on the current signage in the front of the station.
Staff recommends approval of Resolution 12-48 to officially name the fire station located at 1090 City Center Blvd. in honor of Michael L. Ertz past Fire Chief for the City of Port Orange.
City Manager Comments: Attached is the Resolution officially designating Station 73 located at City Center as Fire Chief Michael Ertz Fire Station 73. Michael served as Fire Chief in Port Orange for 20 years. It is fitting that he be remembered by naming the station that served as the Fire Department Headquarters Station for the entire 20 year period.
J. COUNCIL COMMENTS
At this time council members may discuss various matters or concerns.
At this time, Council Members may report on various committees to which they have been assigned.