To:                   Mayor Allen Green

Vice Mayor Robert 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

November 7, 2012


Date:               October 31, 2012


Just a reminder that the City Council Meeting is on Wednesday night, November 7th.  The meeting date was moved from Tuesday to Wednesday because of Tuesday, November 6 being election day. 


There is no early meeting scheduled for November 7.




Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call




Item 4 -           Youth Advisory Board’s Quarterly Report


A member of the Youth Advisory Board will provide a report to Council.




Item 5 -           Marcel Fournier – Yard Waste Issue


The issue that Mr. Fournier has requested being placed on the Council Agenda relates to the City Ordinance requirement that lawn maintenance contractors being required to remove all yard waste from the premise on which they are working at their own expense.  (Section 56-36 of the Port Orange Code of Ordinances) 


There is a situation in Summertrees that has been brought to the attention of the HOA.  The Code Enforcement Officer received a complaint about a lawn maintenance contractor trimming bushes and placing the items on the curb to be collected by the City’s contractor.  The Code Officer talked with the contractor and informed him that the Code of Ordinances does not allow him to place the items on the curb.  


As I understand it, the individual who lives in the home is unable to perform the work and must hire somebody to do the work now.  It is Mr. Fournier’s contention that what is the difference if it is a lawn maintenance contractor or a private citizen.  A property owner is allowed to place the yard waste on the curb for collection by the City contractor.  However, if you employ a lawn maintenance company to mow the lawn, trim the bushes, etc. then the contractor is responsible for removing the items from the yard, 


Let me point out that the main problem we have is not lawn contractors but illegal tree contractors.  These are individuals who are not licensed or insured that come into neighborhood offering to trim palm and other types of trees and then leave the items on the curb for the City contractor to pick up.  Sometimes these contractors tell the homeowner that the City will pick up the debris for free.  Code Enforcement to the extent that they can find the company has in the past required the company to return to pick up the debris.  However, many times they can do it. 


What are some options?

1.            Status Quo.

2.            Change the Ordinance to allow lawn waste to be placed on the curb.  You will have to be extremely careful because of tree trimming by tree contractors. 

3.            Develop a disabled/elderly exemption to the Code that will allow the lawn maintenance contractor to have the same privileges as the homeowner for properties that have been granted such an exemption.  This may require a change in our agreement with Waste Pro. 


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




Item 6 -           Approval of Minutes


a.    October 11, 2012 – Special City Council Meeting

b.    October 16, 2012 – Regular City Council Meeting


Attached are the City Council meeting minutes recently held. 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 -           Parks & Recreation Project Update


Attached is the update on recreational facilities. Should you have any questions, please contact Susan Lovallo or me.

Item 9 -           Crime Report


The police department will present a report which details criminal activity in the last quarter.

Item 10 -        Sixty Day Temporary Extension of 2011-2012 Contract with TruGreen until bid can be completed


The City of Port Orange has been operating under an agreement with the town of Indialantic, Florida for a piggyback contract with TruGreen Limited Partnership since 2010 with the option for a one year renewal.  The renewal contract expired September 30, 2012.  Until a new bid and contract can be obtained, we are asking Council to approve a sixty day extension with TruGreen.  TruGreen provides specific pesticide and fertilization to all of our ballfields.  Until a new bid and contract can be obtained, we are asking Council to approve the sixty day extension of the expired contract to provide pesticide and fertilization for our fields.  This contract is currently out to bid and a bid opening will occur on November 5, 2012 and will appear before Council on December 4, 2012.   

The temporary sixty day extension contract has already been provided to and signed by TruGreen, and attached herewith. 

Funding Account No.: 001 4400 572 3414


Staff recommends approval of the temporary extension of the 2011-2012 Contract with TruGreen Limited Partnership for sixty days until bid contract services can be completed.




Item 11 -        Purchase Sensus Flex Net Metro50 Equipment (Metro TGB 50) that will read City Meters and Transmit Water Consumption (Tabled October 16, 2012)


Staff has evaluated the Flex Net Metro50 pole mounted low power base station (Metro TGB 50) specifications from Sensus. Sensus provides the equipment as a sole source vendor, in order to enhance a low signal area of our meter reading system.


The cost of the equipment is $25,196 and does not include installation. Staff recommends approval.


The labor component of the base station installation is approximately $1,971and will be performed by another vendor. Per the Building Official, all permitting will be included with the installation of the City pole.


Funding Account No: 401-0300-536-6400


Staff recommends approve of the purchase of the Sensus Flex Net Metro50 Base Station (Metro TGB 50) for $25,196.


City Manager Comments: This is not meters. This is for an antenna to be placed on the tower that will be installed at Fire Station 75. This should strengthen the signal for the automated meters in this general area. We have the flex net system on other towers in Port Orange.   I am asking that this item be removed from the table on November 13. 




Item 12 -        Resolution No. 12-70 – Budget Appropriation of the JPA with FDOT


On August 21, 2012, the City Council approved the acceptance of a Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT) for $1,500,000 for the Dunlawton Avenue Drainage Improvements project (Resolution 12-38) and on August 28, 2012, the City Council accepted a Florida Department of Environmental Protection (FDEP) grant in the amount of $1,250,000 for the construction of the Dunlawton Pond (Resolution 12-37).

This resolution provides for the budget appropriation of the JPA with FDOT and for the FDOT grant.

Staff recommends approval.


Item 13 -        PFM Asset Management, LLC Annual Investment Performance Review


Each year the City’s Investment Firm, PFM Asset Management, LLC prepares an annual report that portrays the City’s investment performance for the past fiscal year to the City Council.   A copy of this report is attached.

A Representative from PFM will be present to review this report with City Council and respond to any questions.



Item 14 -        Centennial Celebration


The Centennial Committee has begun putting together the calendar of events for the Centennial Celebration to be held in 2013.  The committee will provide council an update to the calendar of events; provide the logo design and marketing items for councils review and comment. 


This item is to discuss the progress of the committee for the Centennial celebration and provide Council an overview of the schedule and marketing items.


Item 15 -        4th of July 2013 Discussion


The City Council asked staff to review the possibility of moving the Annual 4th of July Event from City Center to Riverwalk.  The attached report provides the comparison of the two sites and identifies estimated costs and logistic concerns.  The information provided is for Council’s review and discussion.


This item is for discussion of the options and to evaluate the impacts of moving the Annual 4th of July Event from City Center to Riverwalk.


I.      PUBLIC SAFETY (Jerry Monahan)


Item 16 -        Resolution No. 12-71 - Traffic Enforcement Agreement with Cypress Head Residential Homeowner’s Association, Inc.


The City of Port Orange and the Cypress Head Residential Homeowner’s Association, Inc. entered into a Traffic Enforcement Agreement on April 5, 2011 and extended the terms of the agreement to September 30, 2012.  The Association desired to renew the term of the Agreement for an additional five year period expiring on September 30, 2017.


Staff recommends approving Resolution No. 12-71 authorizing to renew the Traffic Enforcement Agreement with the Cypress Head Residential Homeowner’s Association, Inc. for an additional five years and authorizing the Mayor and City Manager to execute the agreement.


Item 17 -        Resolution No. 12-72 - Traffic Enforcement Agreement with Spruce Creek Homeowner’s Association, Inc.


The City of Port Orange and the Sanctuary on Spruce Creek Homeowners Association entered into a Traffic Enforcement Agreement on September 26, 2006 and extended the terms of the agreement to September 30, 2012.  The Association desired to renew the term of the Agreement for an additional one year period expiring on September 30, 2013.


Staff recommends approving Resolution No. 12-72 authorizing to renew the Traffic Enforcement Agreement with the Sanctuary on Spruce Creek Homeowners Association Inc. for an additional one year and authorizing the Mayor and City Manager to execute the agreement.




Item 18 -        Forestry Management Discussion


The contract with CPH for forestry management, which also includes the wetland mitigation bank and gopher tortoise bank, will expire at the end of February 2013.  In addition, the reclaimed water treatment plant division is preparing bid specifications for lake management services for the two reclaimed reservoir lakes. This would include aquatic vegetation control, aeration system maintenance and biological application.  Before preparing a new bid for consulting services related to forestry services and lake management, staff would like to discuss the option of bringing the services in-house through the use of a part-time contractual employee for the same or even a reduced annual cost.

Staff desires direction on the forestry management program.

Item 19 -        Doris Leeper Spruce Creek Preserve – Update on October 1st Facilitated Meeting and Subsequent Activities


On October 1, 2012 the City of Port Orange hosted a Stakeholder Meeting for key parties involved with and impacted by scrub habitat restoration activities on State owned lands at the Doris Leeper Spruce Creek Preserve (DLSCP).  A significant portion of the area slated for scrub restoration is within the corporate limits of the City of Port Orange.  Restoring globally imperiled scrub habitat is a primary objective of the State. By formal agreement with the State of Florida, Volusia County is responsible for undertaking land management activities at DLSCP. When the County began its recent roller-chopping activities DLSCP, mountain bikers, hikers, equestrians and other stakeholders feared the loss of the recreational trails and the heavily treed natural area that has matured largely untouched for decades.  At the request of stakeholders, the City became involved to assist in finding a workable solution to preserve the trails at DLSCP.  After a trip to Tallahassee and meeting with State officials, the City was afforded the opportunity to hold the aforementioned meeting with Stakeholders on October 1st . Documents related to the outcome of the October 1st meeting are attached for reference.   The Volusia County Council is also slated to receive a report from its staff on November 15, 2012.


Staff recommends acceptance of the Facilitator’s Report from the October 1st Stakeholder Meeting, and to authorize the Mayor to present the City’s official position regarding scrub restoration at Doris Leeper Spruce Creek Preserve to Volusia County and the State of Florida. 

Item 20 -        Renewal of Annual Contract for Construction and Concrete Sidewalks and Curbs with Sparks Concrete


On November 1, 2011, Council awarded the referenced contract to Sparks Concrete. The contract term was for an initial period of one year with up to three one-year renewals. Sparks has successfully performed the work in accordance with the contract. Therefore, both the City and Sparks desire to continue our professional contractual relationship.


Public Works is the primary Department facilitating this contract. Based upon the initial budget, we are requesting authorization to encumber up to $100,000. Additionally, the Public Utilities Department also utilizes Sparks for repairs, and is requesting to encumber $20,000. Also, Parks & Recreation uses the contract, and has requested an upset limit of $8,000.


Project No.: OMI007 (PW only)

Funding Account Nos.: PW 301-4300-541-5363

None for PU/P&R PU 401-0800-536-5300, P&R 001-4400-572-3414


Staff recommends approving the renewal of the annual contract Bid B#11-17 Construction of Concrete Sidewalks and Curbs, with firm of Sparks Concrete, at an annual cost of $128,000, and authorizing the Mayor & City Manager to execute contract documents, as necessary, subject to approval of the FY13 operating budget, and waiving the requirement for a payment and performance bond.


City Manager Comments: Mayor Green asked that this item be placed on the Agenda for the purpose of reconsideration.  Mayor Green was on the prevailing side.  In order for the item to be reconsidered, a motion and a second are required.  If a motion and a second are made, a majority vote of the City Council is required in order for the item to be reconsidered.  If a majority vote is not achieved on the motion and second to reconsider, then the motion fails and the original decision of City Council stands.  If a majority of Council vote to reconsider, then the main motion to approve would be before City Council. A majority vote is still required in order for the motion to pass. 


Item 21 -        Update on Water Meters and Billing

I will provide an update on the recent issues with the water meters and billing.



Item 22           Comments/Concerns from Council Members


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