To:                   Mayor Allen Green

                        Vice Mayor Dennis Kennedy

                        Council Member Bob Ford

                        Council Member Donald Burnette

                        Council Member Robert Pohlmann


From:              Kenneth W. Parker, City Manager


Subject:          Agenda Commentary for Regular City Council Meeting of

                        August 2, 2011


Date:               July 25, 2011



Beginning at 6 p.m. on August 2, National Night Out Against Crime will held at the Port Orange City Center.  We are not scheduling any workshop sessions for that evening.




Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call




Item 4 -           PogTV Film Festival Winners


Now in its 4th year, the pogTV Film Festival received 16 short films from four different local high schools and 2 colleges.  Judging was based on creativity, production abilities, and concept. The goal of the Port Orange Govt. TV (pogTV) Film Festival is to enhance and encourage the educational experience of the participants by providing a real world educational opportunity beyond the classroom.


First place in the College Film Group was “If Only” by University of Central Florida filmmakers Craig Calamis, Max Rousseau, and Alexander Boyle. They also won the Overall pogTV Film Festival Award via a week long online vote: 162 to 83.  Second Place in the College Film Group went to Chris Tharp from University of Central Florida with his film “5 Things You Shouldn’t Do on Halloween.”

The first place winner in the High School Film Group was “A Drop of Summer” by Oviedo High School filmmaker Allison Tate-Cortese.  Second Place in the High School Film Group went to Austin Burke, Matt Dent, David Ramsay, and Alex Levasseur from Mainland High School. Their film was, “Plagiarism Police.”  For questions, contact Kent Donahue.



Item 5 -           Volusia County Health Department – Flavored Tobacco

• Presentation Document 

Representatives from the Volusia County Health Department will be present on Tuesday night to speak to the Council regarding Flavored Tobacco Products.  Some years ago, the City of Port Orange was one of the first cities to enact ordinances that regulated the display of tobacco products.  The City of Port Orange worked with the Volusia County Health Department and students who were working on discouraging the use of tobacco products.



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




Item 6 -           Approval of Minutes


a)    July 19, 2011 – Regular City Council Meeting


Attached are the City Council meeting minutes held on Tuesday July 19, 2011. Should you have questions, please feel free to contact Robin or me.


Item 7 -           Construction Activity Report


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


Item 8 -           Revalidation for “Piggyback” of City of Orlando Bid #BI09-2539-2 for Pump and Motor Repair Services awarded to Stewarts Electric Motor Works, Inc.


For the past several years, the City has utilized the services of Stewarts Electric Motor Works for repairs of various motors and pumps at both water and wastewater treatment plants as well as remote pumping facilities and lift stations. 

Through a bid award by the City of Orlando, the Public Utilities department seeks to piggyback the contract/agreement with Stewarts Electric Motor Works, Inc. for electric motor and pump repair services.  The initial term of the agreement was for one year commencing July 29, 2009, with the option to extend for up to four additional years.

The City of Orlando has recently exercised the option to extend its agreement with the company for one year.  Stewarts has agreed to perform the same services for the City of Port Orange and honor all prices, terms, and condition of the agreement.   

The Public Utilities Department recommends approval to “piggyback” City of Orlando Bid #BI09-2539-2 for pump and motor repair services awarded to Stewarts Electric Motor Works, Inc. for the period July 29, 2011 through July 28, 2012.

Staff recommends approval to “piggyback” City of Orlando Bid #BI09-2539-2 for pump and motor repair services, awarded to Stewarts Electric Motor Works, Inc.


Item 9 -           Approval to Waive Purchasing Policy Guidelines to utilize Nidy Sports Construction Company, Inc. for the thirty-six foot (36’) court construction and blended lines at Airport Road Park as part of USTA’s 100% grant stipulation


USTA came before City Council in June wanting to provide funding with no matched City funds for 36’ court construction and blended lines at Airport Road Park.  The approximate cost for the project is $15,000.  As part of USTA’s 100% grant stipulation, they are requesting we utilize Nidy Construction Company.  Nidy Construction Company is a preferred vendor with USTA because of the high quality of work previously performed by Nidy Construction Company.  Normal City purchasing procedures requires that three quotes are obtained for a project of this scope.    The City will still require the company to provide all necessary performance bonds, Insurance requirements, and any permits required by the City.  Staff recommends approval.

City Manager Comments:  Some months ago, representatives of the USTA approached the City Council about providing a grant to the City to placed blended lines  on the courts at the Airport Road Park tennis facility.  The USTA has indicated that their grant is conditioned upon using Nidy Construction Company.  The USTA is providing the total funding for the project.  What is being requested is a waiver of the bid requirements and allow Nidy Construction Company to install the lines.  One of the questions that I asked is whether it would be better to allow USTA to enter directly into contract with Nidy to perform the services.  That would be more expensive since the project would have to be double bonded.  By waiving the bid requirements and allowing the USTA preferred contractor to do the work, it allows the contractor to meet the insurance and bonding requirements of the City without incurring additional cost.  

Item 10 -        Florida League of Cities Voting Delegate


The Florida League of Cities is meeting in annual conference in mid-August.  The City Council has to designate one of its members, who will be in attendance, as the voting delegate for the City of Port Orange.  City Council Member Burnette will be attending this year’s meeting.  In order for the City to vote on issues at the Annual Business Meeting, the City must notify the Florida League of Cities that Council Member Burnette is the voting delegate from the City of Port Orange. 




Item 11 -        Environmental Advisory Board – quarterly report


The Environmental Advisory Board is scheduled to report to the City Council on its activities. 


G.   FINANCE (John Shelley)


Item 12 -        Resolution No. 11-34 – FY12-FY17 Capital Improvement Program (CIP)


Exhibit A-CIP

The Capital Improvement Program (CIP) is a spending plan for capital projects for FY12 through FY17.  This plan is reviewed and adopted each year and the FY12 projects will become part of the proposed FY12 Capital Budget. Staff recommends approval of the Resolution.

City Manager Comments:  The City Council has reviewed the Capital Improvement Program.  The first year of the program will be adopted as part of the City’s Operating Budget and there are no funding changes contemplated during the first year of the five-year plan.  As I stated on Tuesday night, I am proposing that the City Council conduct a detailed workshop on “pay-as-you-go” and long-term funding alternatives for water and sewer projects.  The five-year plan as presented has identified funding for projects through FY17 as well as unfunded projects.    



Item 13 -        FPL Facility Relocation at the Intersection of Spruce Creek Road and Dunlawton Ave.


The intersection improvements at Spruce Creek Road & Dunlawton Ave are on schedule to be bid in August 2011.  Prior to the start of construction at this intersection, FPL needs to relocate their facilities.  The cost for the relocation of the FPL facilities is $62,593.14.  The relocation includes burying the existing overhead power lines under Spruce Creek Rd, which eliminates conflicting poles and improves the aesthetics of the intersection.  The relocation is not a permissible expenditure under the City’s LAP Agreement with FDOT. Funding # 301-4300-541-63-97; Project # TIF 001

Staff Recommends approval of the cost to relocate FPL facilities located at the intersection of Spruce Creek Rd. & Dunlawton Ave. in the amount of $62,593.14.

City Manager Comments:  I had suggested that the FPL lines be relocated using Transportation Impact Fee dollars rather than CRA dollars.  With this authorization, the City will notify FPL to begin the relocation of the utility lines.  The City now has all permits so that we can shortly advertise for construction bids. 

I.      ADMINISTRATION (Ken Parker)


Item 14 -        Discussion relating to the City’s smoking restrictions


As you are aware, all of our buildings are designated as smoke free.  Our vehicles have been designated as smoke free.  Sports fields and playground areas, when children are present, are designated as smoke-free areas.  The amphitheater is designated as a smoke-free zone.  Areas that have not been designated as smoke-free zones are the entrances to our public buildings.  Some jurisdictions have designated a 50 foot area from each entrance as designated no smoking areas.  Designated smoking areas, if provided for, have to be outside this 50 foot area.  Does the City Council desire to update our smoke-free zones to include additional areas around the entrances to our public buildings?  Recently Volusia County increased its smoke-free zone around some of its public buildings.  I first noticed the change at the County when I was at the County building in Deland.  There were no smoking signs and all of the smoking receptacles were removed from the entryways.  It is my understanding that they are now restricting smoking at the entrances of the libraries. 




Item 15 -        Comments/Concerns from Council Members


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