MEMORANDUM

 

 

To:                   Mayor Allen Green

                        Vice Mayor Donald Burnette

                        Council Member Bob Ford

                        Council Member Drew Bastian

                        Council Member Dennis Kennedy

 

From:              Gregory A. Kisela, City Manager

 

Subject:          Agenda Commentary for Regular City Council Meeting of

                        September 3, 2013

 

Date:               August 28, 2013

 

 

  1. OPENING

 

Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call

 

B.   PUBLIC HEARING

 

Item 4 -           Discussion of Proposed Millage Rate FY 13/14

 

The City Council has discussed the budget and the millage rate. The preliminary millage rate is below the roll back rate. It maintains the current millage rate.

 

Item 5 -           Resolution No. 13-42 – Adopting the Tentative Millage Rate for FY13/14

 

The attached Resolution will establish the tentative Millage rates for FY2013-14.

 

Staff recommends approval of Resolution No. 13-42.

 

Item 6 -           Resolution No. 13-43 – Adopting the Tentative Operating Budget for FY13/14

 

The attached Resolution will establish the tentative operating budget for FY2013-14.

 

Staff recommends approval of Resolution No. 13-43.

 

Item 7 -           Resolution No. 13-44 – Adopting the Tentative Capital Budget for FY13/14

 

The attached Resolution will establish the tentative Capital Budget for FY2013-14.

 

Staff recommends approval of Resolution No. 13-44.

 

Item 8 -           Resolution No. 13-45 – Adopting the Tentative Millage Rate for FY13/14 for Town Center CRA Tax Increment District

 

The attached Resolution will establish the tentative Millage rates for the Town Center Tax Increment Districts for FY2013-14.

 

Staff recommends approval of Resolution No. 13-45.

 

Item 9 – Resolution No. 13-46 – Adopting the Tentative Operating Budget for FY13/14 for Town Center CRA Tax Increment District

 

The attached Resolution will establish the tentative operating budget for the Town Center Tax Increment Districts for FY2013-14.

 

Staff recommends approval of Resolution No. 13-46.

 

Item 10 -        Resolution No. 13-47 – Adopting the Tentative Millage Rate for FY13/14 for Eastport CRA Tax Increment District

 

The attached Resolution will establish the tentative Millage rates for the Eastport Tax Increment Districts for FY2013-14.

 

Staff recommends approval of Resolution No. 13-47.

 

Item 11 -        Resolution No. 13-48 – Adopting the Tentative Operating Budget for FY13/14 for Eastport CRA Tax Increment District

 

The attached Resolution will establish the tentative operating budget for the Eastport Tax Increment Districts for FY2013-14.

 

Staff recommends approval of Resolution No. 13-48.

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

 

D.   CONSENT AGENDA

 

Item 12 -        Approval of Minutes 

a.    July 23, 2013 – Regular City Council Meeting

 

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

 

Item 13 -        Construction Activity Report

 

Attached is the update on construction projects from Quentin L. Hampton Associates, Inc.  Staff recommends acceptance of the report.

 

Item 14 -        Parks & Recreation Project Updates

 

Attached is the update on Parks & Recreation projects. Should you have any questions, please contact Susan Lovallo or me.

 

Item 15 -        Approval to Piggyback the City of Jacksonville’s Contract (CS-0136-10) with USA Services of Florida, Inc. for Street Sweeping Services, including Expansion of Service to Include Streets City-wide

 

The City of Port Orange has contracted for the sweeping of certain high traffic roadways and other facilities for many years. Earlier this year, the Assistant City Manager presented a proposal to expand street sweeping to include additional streets, primarily in residential neighborhoods.  After discussion, the City Council requested that Staff return with a proposal to sweet all streets in the City, both public and private. As the contract for street sweeping is being considered for renewal for FY2014, Staff is proposing to add all City streets beginning in 2014.  The added streets included in the proposed renewal will be swept quarterly.  This enhanced service will insure cleaner roadways and will assist City crews in improving drainage function, as well.

The base contract cost for FY2014 is the same as for FY2013, $108,646.08.  The additional annual curb mileage of sweeping is approximately $68,880.00 for a total annual contract of $177,526.08.  The additional cost is proposed to be paid through an increase in the solid waste fee for all customers in Port Orange.

Funding Account No.:        410-6100-534.34-14

 

Staff recommends approval to piggyback the City of Jacksonville contract with USA Services of Florida, Inc. for all streets in the City of Port Orange, resulting in a total contract amount of $177,526.08 for FY14, and authorize the Mayor and City Clerk to execute contract documents as necessary, subject to approval of the FY2014 operating budget.

 

Item 16 -        Acceptance of settlement in the case of Daniel M. Watts vs. City of Port Orange

 

Plaintiff was affiliated and accredited by Airline Reporting Company (ARC) which is a airline owned company that provides information and transaction services for the travel industry.   On March 5, 2008, ARC filed a complaint with the Port Orange Police Department accusing the Plaintiff of selling tickets and claiming 100% commission on tickets issued on 12 different international airlines.  Port Orange Police Department interviewed Plaintiff and other witnesses.  Plaintiff was arrested on October 16, 2008. The State Attorney later amended the charges to organized Scheme to Defraud, $20,000 +.  On or about July 30, 2012, the State Attorney’s office filed a Notice of Nolle Pross and dropped all charges against Plaintiff.  Plaintiff as asserted malicious prosecution claim against the City of Port Orange based on 42 U.S.C §1983.

 

Staff recommends authorizing the settlement of the Daniel M. Watts vs. City of Port Orange, Case No. 6:12-cv-1378-Orl-36DAB, subject to the City Attorney’s receipt of a full and complete release of the City.

E.   FINANCE (Wayne Saunders)

 

Item 17 -        Second Reading Ordinance No. 2013-11 – Finance Code Amendments

 

These amendments are needed for efficient and uniform operations regarding billing for utilities and other miscellaneous services provided by the City. These amendment resolve all conflicts related to penalties and interest on past due accounts. These amendments also create a centralized billing section which accurately describes the process for utility billing, delinquent accounts, adjustments and lien. In conclusion, these amendments will help City Staff implement and enforce the Code while making it easier for citizens to comprehend and abide by the Code.

 

Staff recommends approving Ordinance 2013-11 amending various section of the Code of Ordinances regarding billing for services.

 

Item 18 -        Second Reading Ordinance No. 2013-12 – Finance Code Cleanup – Repealing Ordinance 1992-11 relating to transportation utility fees

 

This repeal is necessary to comply with the Florida Supreme Court holding in State v. City of Port Orange. The Court held that the City’s transportation utility fees were an unauthorized tax. This repeal will remove Chapter 74, Article IX from the Code of Ordinances.

Staff recommends approving Ordinance 2013-12 repealing Ordinance 1992-11 related to transportation utility fees.

 

F.    CITY ATTORNEY (Margaret Roberts)

 

Item 19 -        Second Reading – Ordinance No. 2013-14 - 457 Retirement Contribution Cleanup

 

This amendment to the Code of Ordinances is necessary to allow each employee utilizing the 457 Retirement Plan to contribute the requisite amount into his/her 457 Retirement Plan in order to achieve the maximum contribution (3%) from the City.

Currently, employees can only contribute up to 5% to the 457 Retirement Plan. This codification was likely a scrivener’s error which needs to be resolved.

 

Staff recommends approving Ordinance No. 2013-14.

 

Item 20 -        City Attorney’s Report

 

The City Council asked that the Agenda format include an agenda item that would allow the City Attorney to report and update City Council members.

 

G.   ADMINISTRATION (Greg Kisela)

 

Item 21 -        Resolution No. 13-49 - PetSmart Charities – Targeted Spay/Neuter Grant Program

 

The City plans to submit a PetSmart Charities Targeted Spay/Neuter Program grant application.  The grant application requests funds to support the City’s Trap-Neuter-Release (TNR) Feral Cat program.  The grant will cover program expenses such as the surgeries, rabies vaccinations, traps and other project-related items.  The City requests $20,000.00 from the grant program, there is no match required.

Funding Account No.: 001-3200-521.31-13

Staff recommends approving Resolution 13-49 authorizing the City Manager to submit a grant application to the PetSmart Charities Targeted Spay/Neuter grant program, authorize the Mayor and City Clerk to execute any contracts or agreements.

 

Item 22 -        Resolution No. 13-50 - Declaration of Surplus Property: Harbor Oaks Pocket Park, Parcel #6314-03-12-0001

 

The subject Park parcel was created by subdivision plat in 1926 with the Harbor Oaks Unit No. 1 Plat.  Subsequently, the Park was deeded to the City with a bulk transfer of public properties by Volusia County Deed in 1998 when the Harbor Oaks area was annexed into the City.  

 

Staff recommends approval and further recommends any sale of this property into private ownership include perpetual maintenance responsibilities for the B-23 Canal seawall abutting the parcel.

 

Item 23 -        City Manager’s Report

 

This has been placed on the agenda so that the City Manager can bring items to the City Council attention and to provide information to the City Council about ongoing city activities.

 

H.   COUNCIL COMMENTS

 

Item 24 -        Comments/Concerns from Council Members

 

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

 

GAK/rlf