MEMORANDUM

 

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

                        September 18, 2012

 

Date:               September 13, 2012

 

 

  1. OPENING

 

Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call

 

This is the second public hearing related to the City’s Operating Budget.  The City Council indicated that it desired to reduce the operating millage further.  The following options have been provided:

 

1.            Reduction in the contribution to the Fire Retirement System based upon payroll changes. 

2.            Reduction in Fire Department salary account related to implementation of the resolved contract by removing all step increases that occurred between March 8, 2010 and May, 2012. 

3.            Eliminating the General Fund contingency.  The City Council would allotted funds from the carry over to fund any needed contingency.  The Council has done this in the past. 

4.            Elimination of the funds allotted for the Emergency Manager/Public Education Specialist in the Fire Department Budget. 

5.            Reduction in the payment into the General Employees Retirement Fund for the City Manager.  As you know, I have entered self-directed DROP as provided for in the General Employees’ Pension Ordinance.  The City does not guarantee any rate of return on the DROP.  It is whatever is earned by the investment option that I select.  Unlike the Police and Fire Plans, the funds are not kept by the General Employees Plan but rather are deposited into a separate account with a third party who then handles the investment as directed by the employee.

 

I have attached a sheet that shows the dollar amount and millage reduction for each  item.

 

B.   PUBLIC HEARING

 

Item 4 -           Discussion of Proposed Millage Rate FY 12/13

 

At this time, Council will discuss the final millage rate and the proposed operating budget for FY11/12.

 

City Manager Comment: All funds are in balance. The preliminary millage rate for the General Fund of 4.95 mills was adopted by the City Council.  The City Council indicated that it desired to lower the millage rate. See the note above.  The City Council would need to indicate which items that they desire to remove from the budget and then make then agree to the corresponding adjustment in the millage rate based upon the budgetary reductions.

 

Item 5 -           Resolution No. 12-60 – Adopting the Final Millage Rate for FY12/13

 

The attached resolution will adopt the final millage rate for FY12/13.

 

City Manager Comment:  The Resolution has been draft with a millage rate of 4.95 mills for the budget year beginning October 1, 2012.  If the City Council decides during the discussion under Item 4 to reduce the millage rate, then the rate would need to be adjusted in this Resolution as well the percentage below roll back. 

 

Item 6 -            Resolution No. 12-61 – Adopting the Final Operating Budget for FY12/13

 

The attached resolution will adopt the final operating budget for FY12/13.

 

City Manager Comment: I am recommending the budget for the upcoming fiscal year be adopted.  If the City Council adjust the millage rate under item 4, then the budget will need to be adjusted before this Resolution is adopted. 

 

Item 7 -           Resolution No. 12-62 – Adopting the Final Capital Budget for FY12/13

 

The attached resolution will adopt the final capital budget for FY12/13.

 

City Manager Comment: I am recommending the capital budget be adopted.

 

Item 8 -           Resolution No. 12-63 – Adopting the Final Millage Rate for FY12/13 for Town Center CRA Tax Increment District

 

The attached resolution will set the final millage rate for FY12/13 for the Town Center Community Redevelopment Agency.

 

City Manager Comment: I am recommending the millage rate for the Town Center CRA be adopted. It is the same millage as approved for the City operations. The City Council cannot reduce or increase the CRA millage above or below what has been approved by the City Council for the General Fund. The millage would be amended to reflect the final millage rate for the City.

 

Item 9 -           Resolution No. 12-64 – Adopting the Final Operating Budget for FY12/13 for Town Center CRA Tax Increment District

 

The attached resolution will set the final operating budget for FY12/13 for Town Center Community Redevelopment Agency.

 

City Manager Comment: I am recommending approval of the Town Center CRA. The CRA has reviewed and approved this budget.  If the City Council adjust the millage rate for the City, then the budget must be adjusted to reflect the new millage rate.

 

Item 10 -        Resolution No. 12-65 – Adopting the Final Millage Rate for FY12/13 for Eastport CRA Tax Increment District

 

The attached resolution will adopt the final millage rate for FY12/13 for the Eastport Community Redevelopment Agency.

 

City Manager Comment: I am recommending the millage for the Eastport CRA be adopted. It is the same millage as approved for the City operations. The City Council cannot reduce or increase the CRA millage above or below what has been approved by the City Council for the General Fund. The Resolution will be adjusted to reflect the millage rate that has been adopted by the City Council for the General Fund..

 

Item 11 -        Resolution No. 12-66 – Adopting the Final Operating Budget for FY12/13 for Eastport CRA Tax Increment District

 

The attached resolution will adopt the final operating budget for FY12/13 for the Eastport community Redevelopment Agency.

 

City Manager Comment: I am recommending approval of the Eastport CRA as recommended by the Eastport CRA Board.  If the City Council adjust the millage rate, then the budget will need to be reduced by a corresponding amount for the Eastport CRA. 

 

C.   SPECIAL AWARDS, RECOGNITION, PROCLAMATIONS, PRESENTATIONS

 

Item 12 -        Recognition for Jack and Brad Wiles

 

We received a letter from a Veteran’s organization commending Jack and Brad Wiles for their involvement with Wounded Warriors.  It was suggested that the City Council recognize Jack and Brad for their involvement.  On Tuesday evening, the City Council will have an opportunity to express the community’s appreciation to Brad and Jack.

 

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

 

E.   CONSENT AGENDA

 

Item 13 -        Approval of Minutes

a.         August 28, 2012 – Regular City Council Meeting

 

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

 

Item 14 -        Staff Reports - Building Activity Report and Monthly Development Activity Report for August, 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 15 -        Replacement Body Armor

 

The Police Department is requesting to replace twelve emergency response team body armor vests for $24,681 and nineteen replacement patrol body armor vests for $10,635. State forfeiture funds will be used to replace the emergency response team vests.  The patrol body armor is partially funded by a federal grant.  Galls is under State Contract to provide body armor.  The City has obtained a letter from Galls agreeing to provide the body armor under the State Contract. Total purchase shall not exceed $37,932.84.  

Project No.:                                         Funding Account No.:       607-3200-521-5200 &

001-3200-521-5200            

Staff recommends approving the purchase of replacement body armor from Galls Police Gear.

Item 16 -        Wrap Around Agreement with Odyssey Manufacturing Co. to permit, supply and install an Ammonia Sulfate chemical feed skip system at the Garnsey Water Plant

 

The Port Orange Public Utilities Department has been converting from Ammonia and Chlorine gas chemical feed systems to liquid systems in the interest of public health and safety. The replacement of the existing anhydrous ammonia gas chemical feed system at the Garnsey Water Plant with an ammonium sulfate liquid feed system as provided by this Agreement is part of this complete conversion.  The Water Production Division has already converted over to a liquid chlorine system at the Garnsey Plant, and in the past two years has completed the gas to liquid conversions at all three of the remote pumping facilities. Other than the original chlorine skid system at the Cypress Head pumping station and the chlorine conversion performed during the Garnsey plant expansion, Odyssey Manufacturing Company has provided turnkey, custom built chemical feed skid systems for the City.

Odyssey Corporation is unique in Florida in that they custom build these systems to high grade specifications while performing all of the required engineering and permitting work required by the Volusia County Health Department. All of the skid systems that Odyssey has installed have performed impeccably without any problems and they have a history of responding promptly to the City. Based upon previous performance and experience, Public Utilities staff recommends “piggybacking” the Toho Water Authority Agreement with Odyssey for the Ammonia Sulfate chemical feed skid system conversion in the amount of $56,200. 

Project No.: WWP003                      Funding Account No.: 401-0200-533.63-97                 

Staff recommends approval of a wrap-around agreement with Odyssey Manufacturing Co. to permit, supply and install an Ammonia Sulfate chemical feed skid system at the Garnsey Water Plant in the amount of $56,200 as established by contract through the Toho Water Authority RFP 12-016 and to authorize the Mayor and City Manager to execute all necessary documents.

Item 17 -        Change Order #1 Russell Property Floating Dock

 

Construction of the Russell Property Floating Dock is near 100% complete and all that remains is a few punch list items.  The attached change order request # 1, in the amount of $5,023.00, provides necessary items to complete the dock.  The items relate to the safe docking by boats and kayaks and the installation of reflectors to provide awareness of the dock at night.  In addition, the change order provides for the removal of historic logs from Spruce Creek that obstructed the driving of the dock pilings. 

These changes have been recommended by the design engineer Dredging & Marine Consultants (DMC).  Staff recommends approval of change order # 1 in the amount of $5,023.00 for the Russell Property Floating Dock project. The change order and the bid award amount ($118,995.00) are well under the original construction estimate ($198,000) and the project budget ($200,000) that is funded by a Florida Inland Navigation District grant.

Project No.:    QPC036                     Funding Account No.:       315-5100-572-63-97           

 

Staff recommends approval of change order # 1 in the amount of $5,023.00 to the Russell Property Floating Dock project, subject to the receipt of the executed change order.

Item 18 -        Police Benevolent Association Lieutenants (PBA Lts.) 2012-2014 Collective Bargaining Agreement

 

The current 2009-2012 Collective Bargaining Agreement (CBA) between the City and the PBA Lts. is due to expire on 09/31/12.  The City and the PBA Lts. have negotiated a two-year 2012-2014 successor CBA. On 08/29/12, the PBA Lts. voted in favor of this agreement.

 

Staff Recommends approving the 2012-2014 PBA Collective Bargaining Agreement.

 

Item 19 -        Approve the Contract with KemperSports Management for operation and management services at the Golf Club at Cypress Head

 

Earlier this year, the City of Port Orange advertised for management services at the Golf Club at Cypress Head.  The City Council reviewed the proposals and interviewed the management firms.  The Council accepted KemperSports Management to manage the Golf Club at Cypress Head.  The contract is for five years.  It does have a five-year renewal period should the City decide to extend the agreement.

 

Staff recommends Council accept the contract with KemperSports Management for operation and management services at the Golf Club for Cypress Head.

 

  1. TABLED ITEMS

 

Item 20 -        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: The City Council agreed to a settlement in November 2011. This is the Future Land Use change that was included as part of the settlement agreement. The applicant has requested that this item be removed from the table and brought forward for second reading. The item was re-advertised for second reading.

 

G.   FINANCE (John Shelley)

 

Item 21 -        Resolution No. 12-45 – Solid Waste Rate Resolution for garbage & recycling, yard waste, energy fee and landfill fee, thereby replacing and superseding Resolution 12-13

 

Attached is the proposed Solid Waste Rate Resolution that when authorized, becomes effective October 1, 2012.

Based on review of Solid Waste rates, it was noted that the allocation among the various rate structure was not in alignment with related charges. The total rate charges will remain the same; however, the rate structure is reallocated to properly reflect the current Waste Pro charges incurred (i.e. garbage, energy and landfill fees). The rates included in the attached resolution properly funds the solid waste contract, landfill charges from Volusia County and other solid waste operating costs for the upcoming fiscal year.

Should you have any questions pertaining to the attached rate resolution, John Shelley will be available to answer inquiries. 

Staff recommends approval of Resolution 12-45.

 

  1. REPORT FROM ADVISORY BOARD

 

Item 22 -        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.

 

I.      COMMUNITY DEVELOPMENT (Wayne Clark)

Item 23 -        Second Reading – Ordinance No. 2012-20 – Annexation/Madeline HTS PH II/Pepper Hill Enclave Case no. 11-10000001

 

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.

 

Item 24-         First Reading – Ordinance No. 2012-23 – Ordinance Approving the 3rd Amendment to the Master Development Agreement for the Home Depot Planned Commercial Development Case no. 12-40000001

                                                     

PLANNING COMMISSION ACTION:

 

At its August 23rd, 2012 meeting, the Planning Commission recommended approval, (6-1), of the 3rd Amendment to the MDA. If the amendment is approved, it will allow the replacement of the existing Home Depot monument sign on Clyde Morris Blvd. with a 48 square foot monument sign to be consistent with the new monument sign on Dunlawton Ave. The staff report is attached for more information.

 

Staff recommends approving Ordinance No. 2012-23, the 3rd Amendment to the Home Depot Planned Commercial Development Master Development Agreement (MDA) dated July 13, 2012, as recommended by the Planning Commission.

 

J.    COUNCIL COMMENTS

 

Item 25 -        Comments/Concerns from Council Members

 

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

 

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