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

                        October 4, 2011


Date:               September 27, 2011






Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call




Item 4 -           Board Appointments


a.    Library Advisory Board


An appointment to the Library Advisory Board needs to be made.


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




Item 5 -           Approval of Minutes


a.    September 20, 2011 –Regular City Council Meeting


Attached are the City Council meeting minutes from the meeting held on Tuesday, September 20, 2011. Should you have questions, please feel free to contact Robin or me.


Item 6 -           Construction Activity Report


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


Item 7 -           Piggyback Town of Indialantic Contract with TruGreen ChemLawn and extension of agreement for one year period beginning October 1, 2011 through September 30, 2012 for annual fertilization, weed control, and insect/pest control maintenance services for the City’s various parks and ball fields.


We currently utilize TruGreen ChemLawn for our annual fertilization; weed control, and insect/pest control maintenance services.  We are requesting the 2011/2012 renewal of this service by “Piggybacking” the Town of Indialantic Contract with TruGreen ChemLawn for the City’s various Parks and ball fields at $56,000.00. Funding for this project will be from account 001 4400 572 3414.

Staff recommends approval to piggyback with Town of Indialantic’s Contract with TruGreen ChemLawn and their extension of agreement for one year period beginning October 1, 2011 through September 30, 2012 for annual fertilization, weed control, and insect/pest control maintenance services for the City’s various Parks and ball fields at $56,000.00

City Manager Comments: Tru-Green currently provides this service to the City of Port Orange.  They have been extremely responsive to our Parks and Recreation Dept.

Item 8 -           Approval to Piggyback Volusia County’s contract with Ituran Life Trak


For the past two years, Council granted approval to have Ituran LifeTrak monitor GPS units in the fleet vehicles and equipment.  Ituran LifeTrak is willing to allow the City to piggyback Volusia County’s contract at a cost of $34.99 per month, per unit, which is the same as last year.  Total number of units is 145 for a total annual cost of $60,882.60.  The sheet attached provides a breakdown of cost by department.


Staff recommends approval to piggyback Volusia County’s contract (#05-B-61RB) with Ituran LifeTrak for GPS monitoring services for an annual cost not to exceed $60,882.60.


Item 9 -           2012 Legislative Program


Attached is a listing of key issues, important dates and information related to the 2012 Regular Legislative Session for the City Council’s review and discussion.  The memo is meant to serve as a discussion starting point as most professional organizations have yet to finalize their priorities.  Throughout the upcoming months and into the regular session, we will provide City Council Members with issue briefings and additional background material.

Staff recommends adoption of the 2012 Legislative Program and to authorize staff to monitor key legislation applicable to the City, its operations and the community in general. 

City Manager Comments: I noticed in the Legislative Report that we received from Sean Pittman that there is discussion in Tallahassee on clean up language on the Growth Management Legislation that was passed last session.  We know there are several item committees meeting as well.  One that we will need to keep an eye on is the Presumption Committee.  They are looking at the Police and Fire Presumption Law.  As you know, there are certain health items that are presumed to have happen because of the individual is a Police Officer or a Firefighter.  Although we have made an inquiry with the Legislative Leadership about any proposed changes to the Special Assessment Legislation or Lien Legislation and they report that they have not seen any legislation or are they supporting any changes to the existing law, we need to watch these two during the upcoming session. 

We continue to work with various agencies to handle the flooding of Dunlawton Avenue in the State Budget as it was last year.  We would like to see it as an agency request rather than it being included in the budget by the Legislature.  Since Dunlawton is a State Highway and a major evacuation route it seems only appropriate that it would be included in the State Agency request.

An area that I am concerned about is cyber-security.  There may be a need to watch various Legislative Committees to see if they are considering issues that may impact cyber-security. 

Redistricting will be a major issue during the upcoming session.  We will need to watch the districting lines as they are finalized. 

I would request that the City Council remove this item from the Consent Agenda and discuss the Legislative Program.  The delegation meeting is in early October.  We will need to finalize the program so that we can provide it to the Legislative Delegation.




Item 10 -        Second Reading – Ordinance No. 2011-14 – Mandatory Spay or Neuter Ordinance (Tabled from September 20, 2011)


The ordinance provides for the mandatory spay or neuter of cats and dogs over the age of six months belonging to persons residing in the City of Port Orange, unless the animal is qualified for an unaltered animal permit or is otherwise exempt.  The ordinance sets out the qualifying conditions for an unaltered animal permit, requires micro-chipping as a condition of obtaining an unaltered animal permit, and provides for enforcement, exemptions and penalties.


Staff recommends Council adopt Ordinance No.: 2011-14, providing for the Mandatory Spay or Neuter of cats and dogs belonging to persons residing in the City of Port Orange.


This item is recommended to remain on the table.  On October 18, the Halifax Humane Society will be present to discuss spay and neutering as well as catch and release. 


F.    FINANCE (John Shelley)


Item 11 -        Resolution No. 11-58 – Budget Appropriations


City staff has reviewed internal funds available to retire debt and refinance debt through internal borrowings.  The attached resolution appropriations budgets revenues and expenditures for the retirement of the Water Sewer State Revolving loan SRFL3020.  In addition the resolution appropriates budget revenues and expenditures for the refinancing of the Water Sewer State Revolving loan SRFL5070 and the Drainage SunTrust note 2003B. The SRLF 5070 refinanced debt interest expense rates are variable rates between 2.97% to 3.170%.  The Sun Trust 2003B Note interest expense rate is 3.646%.  The interest expense (and return) rates will be based on current AA Municipal bond rates for the same maturity period.  Currently these rates are 1.22% for the remaining term of the 2003B note and 2.06% for the remaining term of the SRLF 5070 debt. This plan would not only decrease the required debt service for the refinanced debt, but would also increase the interest earnings for the internal funds that provided the financing.  These return rates would increase from .40% to between 1.22% and 2.06%. Staff recommends approval.

Staff recommends approval of Resolution No. 11-58.

City Manager Comments:  The City has a core investment portfolio that is available to be invested on an annual basis.  As you are aware, interest earnings are down tremendously because of the market conditions.  One of the strategies that has been proposed by Finance is to place City notes in our portfolio and retire some of the higher interest SRF notes. This will have a two-fold effect.  First, it will lower the payments and interest rate on outstanding notes.  Second, it will increase our investment earnings.  The City will be paying itself interest instead of paying the State of Florida.  The State would receive their principle and accrued interest to the date of retirement. 

Item 12 -        Discussion relating to the City’s purchasing process


A PowerPoint presentation will be provided under separate cover and will be posted to the City’s website.
Purchasing Workshop Presentation




Item 13 -        Summary of the Safe Routes to Schools Studies Recommendations


This is a report to the City Council on the results of the Safe Routes to Schools Studies conducted by the Volusia Transportation Planning Organization (TPO) between March 2007 and August 2011 for all public elementary and middle schools in the County including eight schools in the City.  The City has identified and prioritized several of the recommended projects and has included many of these in priority lists and the City’s Capital Improvements Program. The City has initiated specific feasibility studies, project design and capital improvement programming using TPO XU funds and other funds to implement the recommended projects.

This item is for discussion purposes only. 



Item 14 -        Feasibility of Increasing Public Access to City Wellfield Property


At the direction of the City Manager, a group of stakeholders was assembled to consider the feasibility of increasing public access to the City wellfield property.  The property is generally located west of Tomoka Farms Road and north of Pioneer Trail.  The attached memorandum report and associated map provide a detailed synopsis of the discussion along with recommendations for consideration. 

This item is for discussion purposes only. 



Item 15 -        Comments/Concerns from Council Members


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