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

December 4, 2012


Date:               November 28, 2012



Just a reminder:


City Council Photographs will be made on Tuesday night at 5:30 p.m.  Gather in the Mayor’s Office for the photographs.  Immediately following the photograph session, a reception honoring the newly elected officials, Mayor Allen Green and City Council Member-Elect Drew Bastian will be held at 6:00 p.m. in the City Hall Lobby.   




Item 1 -           Pledge of Allegiance

Item 2 -           Invocation-


Newly Elected City Council Member Bastian has requested that his Pastor give the innovation since he will be attending and will hold the Bible during his swearing in.   


Item 3 -           Swearing-In Ceremony


Deputy City Clerk Robin Fenwick will administer the oath of office to both Mayor Green and City Council Member Bastian.  Council Member Bastian has requested that he be sworn in with his hand being placed on the Bible.  This would mean that the swearing in would need to occur at the podium, not on the dais. 


Item 4 -           Roll Call

Item 5 -           Election of Vice Mayor

Item 6 -           Order of Business


The City Council has adopted the order of business. Recently, the Council made a change in the Order of Business by moving reports from Boards and Commissions to a place earlier in the Agenda. A copy of the policy is attached as revised 11/19/12.

Some time ago, there was a discussion about whether the City Council wanted to maintain its 7:00 p.m. starting time. At that time, the City Council decided to defer that decision to the organizational meeting.

Some Councils, like the County Council, have their citizen participation items scheduled 30 minutes in advance of the normal agenda. Other Councils schedule CRA and other types of meetings in advance of the regular Council meetings. Other governing bodies start their regular meetings early and hold all other workshops inside their regular meetings. Currently, workshops are scheduled in advance of the City’s regularly schedule meetings.  Does the City Council desire to alter its meeting time?

Item 7 -           Appointment to Council Committees


Below is a listing of committees and the current Council Member assigned to that Committee:

                        ArtHaus – Councilman Burnette

                        City Investment Committee – Councilman Kennedy

                        Communications Interlocal Agency – Mayor Green

                        General Employees Retirement Trust Fund – Councilman Ford

Golf Course Board of Directors – Mayor Green and Kenneth W. Parker

                        Library Advisory Board – Councilman Kennedy

                        Transportation Planning Organization – Councilman Ford

                        Municipal Firefighters Pension Board –

                        Municipal Police Officers Retirement Trust – Councilman Kennedy

Port Orange-South Daytona Chamber of Commerce – Councilman Burnette

                        Volusia Council of Governments – Mayor Green

                        Volusia League of Cities – Mayor Green

                        YMCA –


Appointments will need to be made for service on these committees for 2013.

City Manager Comments: The ones that are blank were committees that Council Member Pohlmann served on.  The City Manager has served as one of the two Directors on the Golf Course Board of Directors.  You may want to consider designating that position by position rather than by name.  That would simplify the process during the manager transition period. 

There will be other positions in our Corporate structure that designate John Shelley and me by name.  In those cases, you may want to designate those positions by job title rather than by name during the transitional period.



Annually, this body meets to elect its officers and to transact any corporate business.




This body meets at least annually to elect its officers and to transact any corporate business.




This body meets at least annually to elect its officers and to transact any corporate business.




This body meets annually to elect its offices and its corporate board and to transact any corporate business.


City Manager Comments: See the note about the Board of Directors for the Golf Course at Cypress Head, Inc.  If the City Manager is to continue to serve as one of the two Directors, then it may be best to designate by position rather than by name during the transitional period. 



·         Adoption of Regular Meeting Schedule for 2013


·         Cardwell Funeral Home Lease Agreement

·         Adoption of Regular Meeting Schedule for 2013




Item 8 -           Lighthouse Loop Half Marathon Success Report

Representatives with the Lighthouse Loop Half Marathon will provide a follow up report for their event.


Item 9 -           Mary Flynn Boener, Stewart-Marchman, presentation on Synthetic Drugs


Mary Flynn Boener will attend to provide Council and the public with information on synthetic drugs and their effects.


I.      CITIZEN PARTICIPATION (Non-Agenda – 15 minutes)




Item 10 -        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.




Item 11 -        Board Appointments


a.    Construction Regulation Board – Dennis Young

An appointment to the Construction Regulation Board needs to be made. There is one applicant.

b.    Environmental Advisory Board – Dennis Young

An appointment to the Environmental Advisory Board needs to be made. There is one applicant.




Item 12 -        Approval of Minutes


a.    October 23, 2012 – Regular City Council Meeting

b.    November 7, 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 13 -        Written reports from KemperSports regarding Cypress Head Golf Course


Attached are the reports from KemperSports regarding the Cypress Head Golf Course.


Item 14 -        Update on Recreational Facilities


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


Item 15 -        Construction Activity Report


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


Item 16 -        City  Wide Administrative Code Change


Recent events have allowed for the examination of organizational alignments.  This examination showed that certain reporting structures within the Finance Department required re-evaluation and re-alignment.  The Meter Reader Division currently reports to the Customer Service Manager in the Finance Department.  It is proposed that the Meter Reader operations be moved to the Public Utilities Department.  The Risk Management Division currently reports to the Finance Director.  It is proposed that the Risk Management operations be moved to the Human Resources Department.  It is also proposed that the Deputy City Clerk position be reclassified to City Clerk.

The previous and suggested organizational charts are attached.

Staff recommends approval of the Administrative Code Change regarding the realignment of Divisions in the Finance, Public Utilities, Human Resources Departments and City Clerk Departments.


Item 17 -        Council Meeting Schedule for 2013


The Port Orange City Council has traditionally met three (3) times per month except for July, November, and December. Normally, the City Council has med on the first, third, and fourth Tuesdays. Since January 1st is a Tuesday and January has five Tuesdays, the Council Meeting would occur on January 8th instead of the 1st.


The proposed schedule for 2013 Regular City Council Meetings is as follows:


                        January 8, 15, 22                             July 16, 23

                        February 5, 19, 26                            August 6, 20, 27

                        March 5, 19, 26                                 September 3, 17, 24

                        April 2, 16, 23                                    October 1, 15, 22

                        May 7, 21, 28                                    November 5, 12

                        June 4, 18, 25                                   December 3, 10


Staff recommends approval of the proposed 2013 meeting schedule.

Item 18 -        Approve Bid Award with McMaster Pest Services as the lowest and most responsive bidder for spraying services for athletic fields


On November 5 Bids were received for the City wide use services agreement for the spraying of athletic fields.  The lowest most responsive bidder was McMaster Pest Services.  We are asking Council to approve McMaster Pest Services as the contractor to spray our athletic fields and allow the City Manager and Mayor to execute the EJCDC standard services contract.

The Parks & Recreation Department has $39,867.00 budgeted for spraying in account 001 4400 572 3414.

Staff recommends approving the Bid Award with McMaster Pest Services as the lowest and most responsive bidder for spraying services for athletic fields and authorizing the Mayor and City Manager to execute an EJCDC standard services contract for services agreement between the City of Port Orange and McMaster Pest Services.


Item 19 -        Approve Bid Award with World Wide Sports Wear as the lowest and most responsive bidder for City wide use services agreement for T-shirts, hats, and uniforms


On November 1st Bids were received for the City wide use services agreement for the purchase of t-shirts, hats, and uniforms.  The lowest most responsive bidder was World Wide Sports Wear.  We are asking Council to approve World Wide Sports Wear as the purchase of t-shirts, hats, and uniforms and allow the City Manager and Mayor to execute the contract.

The Parks & Recreation Department has $30,000 budgeted for t-shirts, hats, and uniforms.

Staff recommends approving the Bid Award with World Wide Sports Wear as the lowest and most responsive bidder for City wide use services agreement for t-shirts, hats, and uniforms and authorizing the Mayor and City Manager to execute a legally approved contract for services agreement between the City of Port Orange and World Wide Sports Wear.


Item 20 -        Dunlawton Drainage Improvements & Halifax Canal Reclaimed Water Augmentation Project, Bid Award – Bid #12-40


This Dunlawton Drainage Improvements & Halifax Canal Reclaimed Water Augmentation Project will accomplish several important things for our City and the surrounding area.  The project will:

  1. Assist in attenuating future major storm water events alleviating or reducing flooding in the immediate area of Dunlawton Avenue and Spruce Creek Roads     thereby improving the likelihood that Dunlawton Avenue, an established state evacuation route, can remain open during a major storm water event.
  2. Provide environmental treatment of storm water run-off during normal storm water events thereby improving water quality in the Halifax Canal.
  3. Provide a future means to more effectively utilize canal run-off and groundwater in the area to help to augment reclaimed water supplies when desired.
  4. Provide a means to better manage future storm water run-off currently carried downstream within the Halifax Canal and divert it to our existing Halifax River Outfall Pipe thereby helping to protect and preserve homes located in downstream areas.                                                                                        


This project was recently advertised for bid. A mandatory pre-bid meeting was held on September 20th with approximately ten prospective contractors being represented. Bids were then publicly opened with four contractors submitting sealed bids on October 12th.  Of the four bids received, three were determined to be responsive and Masci Construction was determined to be the lowest responsive bidder with Alternate #1, providing Davis Bacon wages and reporting, included.  We are familiar with this local contracting company having had them work on various other similar projects in the past.  They have assured us that they are willing and able to perform all of the specified work involved.     

 FDEP and FDOT Grants have been acquired for $1.25 million and $1.5 million respectively and a FEMA Grant is pending to make up the difference.  All necessary design, permitting, grant awards, and funding appropriations have now been completed for this project to go forward. This work has been planned for this fiscal year in accordance with the approved 5 Year Capital Improvement Plan. We request your approval at this time. Funds are currently budgeted and available in our Dunlawton Drainage Improvements Project

Project No.:  DIP048       Account No.: 42104105356397/42104005356397 

Staff recommends approving the bid award for the Dunlawton Drainage Improvements & Halifax Canal Reclaimed Water Augmentation Project, Bid # 12-40, to Masci Construction in the amount of $2,929,155.70, and authorizing the Mayor and City Manager to sign and execute all required contract and other associated documents on behalf of the City for this project to proceed forward through construction.   


City Manager Comments: The City has local dollars available from drainage funds to fund the differential between what the State provided in grant proceeds and the cost of the entire project.  Also, Kent is working on a grant from FEMA related to making up the difference between the bid amount and the grant funds from the State of Florida.  However, even if we do not receive the grant from FEMA, there is funds available to construct the project as designed.  


Item 21 -        Validate authorization of Addendum No. 91 with Quentin L. Hampton Associates, Inc. for Emergency Design Services for Oriole Avenue Waterline Replacement


Oriole Avenue, between Egret and Heron in Volusia County, on the beachside, is currently served by a very old 700’ section of 2” waterline.  22 residential water services on this street currently have no fire hydrants existing. During the past several weeks approximately 5 residents located mid-block have been calling in periodically to report low water flow and pressure issues at their points of use.  Public Utilities staff have since determined that this existing 2” water main and it’s related water services are in need of immediate replacement.  To that end our City Manager has authorized engineering services to commence immediately to have this water system replaced. The current design project entails 700 feet of 6” water main, 22 services, and the installation of 2 fire hydrants.  Addendum #91 has been drafted for the purpose of formally adding this work to their existing contract with us.   

This very limited proposal for engineering services relates to preparing the necessary design, permitting, and construction services in order that we might get this project constructed immediately.   Addendum #91 formally grants your approval of these engineering services to be completed. We request your validation of this previously issued work authorization at this time.   

Funds for this effort is currently budgeted and available in our South Peninsula Sewer Extension Part 2 Project in accordance with the approved 5 Year Capital Improvement Plan.

Project No.:  UET   018                 Funding Account No.: 405/421 -0800-533-6397

Staff recommends approving Addendum #91 with Quentin L. Hampton Associates Inc. for engineering design work and construction management services associated with Oriole Avenue Waterline Replacement as outlined and authorizing the Mayor and City Manager to sign all required documents on behalf of the City


Item 22 -        Extension of Contract with SNS/Polydyne for Cationic Emulsion Polymer


On November 11, 2008, the City Council approved Bid Award #B08-21 for the purchase

of cationic emulsion polymer for the reclaimed water treatment plant to Polydyne.  The term of the initial agreement was for a period of two years with up to three (3) one year extensions, if mutually agreeable by both parties.

The recommended extension will be the last allowed under this bid.  The vendor will maintain the current pricing of $1.00/lb. through the contract year.

Project No.:    n/a                              Funding Account No.: 401-0400-535.52-19                 

Staff recommends authorizing a one year extension of the contract with SNS/Polydyne, Inc. for cationic emulsion polymer in the amount of $43,000 and authorizing the Mayor and City Manager to execute all required contract documents.

Item 23 -        Port Orange Professional Firefighters Association (IAFF) 2012-2014 Collective Bargaining Agreement


The IAFF has been working under the status quo 2006-2008 Collective Bargaining Agreement (CBA) that expired on 09/30/2008. In May 2012, six articles were imposed on this CBA.  The City and the IAFF have since negotiated a two-year 2012-2014 successor CBA. On 11/26/2012, the IAFF voted in favor of this agreement.

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


Item 24 -        Work authorization with Quentin L. Hampton Associates, Inc. under Addendum #80 for construction administrative services for Dunlawton Avenue Drainage Improvements and Reclaimed Water Augmentation Ponds Project


The City has obtained grant funding from the Florida Department of Transportation (FDOT) and Department of Environmental Protection (FDEP) for the Dunlawton Avenue Drainage Improvements and Reclaimed Water Augmentation Ponds Project. The City is also in the final approval stages of obtaining funding through FEMA for the remaining funds required for the complete project. These grants are anticipated to cover all of the construction administrative fees contained in this proposed work authorization.

These engineering services are required in accordance with the grant conditions and are reimbursable. The FDOT has actually approved QLHA to perform these engineering services for us as a precursor to their grant issuance.  The City Council authorized services under this addendum in 2010 based upon the project estimates. Now that the construction bid has been awarded staff is updating the project costs accordingly and including all necessary and required services.  Funds are currently budgeted and available in the Dunlawton Drainage Improvements Project. 

Project No.:  DIP048                        Account No.: 42104105356397/42104005356397  

Staff recommends work authorization with Quentin L. Hampton Associates, Inc. in accordance with previously approved Addendum #80 for construction administrative services for Dunlawton Avenue Drainage Improvements and Reclaimed Water Augmentation Ponds Project in the amount of $173,212 and authoriziing the Mayor and City Manager to execute all necessary documents.



Item 25 -        Purchase Sensus Flex Net Metro50 Equipment (Metro TGB 50) that will read City Meters and transmit water consumption (Tabled on 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 item will be discussed at the December 11 Meeting.  We have just received data from Neptune about the cost of doing a test with their transmitters and software. 


Item 26 -        Staffing Levels and Fire Services Discussion (Tabled on November 13, 2012)


The attached memos outline options that are available to City Council regarding staffing levels in the Port Orange Fire and Rescue Department.


City Manager Comments:  If the City Council ratifies the contract with the IAFF, this item can be removed from the table and then allow staff to withdraw the item. 




Item 27 -        Second Reading – Ordinance No. 2012-25 – LDC Amendments/Chapter 17, PC-A Zoning District, Case No. 12-25000006


Planning Commission recommended approval (7-0).


The proposed amendment would add multifamily dwellings at a maximum of 16 units per acre as a permitted use in the Planned Community-Agriculture (PC-A) Workplace District. Currently, only commercial and industrial uses are permitted in the Workplace District. The applicant has included the following limitations to the multifamily use to ensure the district remains primarily an area for commercial development.


  1. Multifamily developments could only be developed on 10% of the total acreage of the Workplace District.
  2. Multifamily developments would have to be located within ½ mile of a commercial development or commercially zoned land that could provide services such as: grocery, entertainment, food, and retail for those living in the multifamily development.


The density and type of residential proposed, limitation on the number of multifamily units allowed in the Workplace District, as well as the locational criterion are consistent with and further promote the Planned Community goal of creating a mixed-used area that minimizes automobile trips by:


1.            Allowing multifamily developments within walking and biking distance of employment and shopping centers,

2.            Providing an opportunity for multifamily development to be a transitional use between the commercial and industrial uses allowed in the PC-A Workplace District and the single-family subdivisions on the west side of Williamson Blvd., and

3.            Further encouraging the development of additional employment and shopping centers within the Workplace District by allowing for a small percentage of the area to be developed with multifamily development, creating more housing options for customers and employees of these centers.


Staff recommends adoption of Ordinance No. 2012-25, amending Chapter 17 of the Land Development Code (LDC), as recommended by the Planning Commission.


City Manager Comments: A meeting was held at Villages of Royal Palm with the residents in order to receive comments from them. Some of the residents have meetings scheduled to meet with the developer related to their immediate concerns. Also, it is my understanding that the developer will be submitting some changes for City Council consideration based upon the Monday meeting and the meetings with residents. Some of the items that we heard at the meeting:


1.         Some of the residents voiced their opposition to multi-family housing being located adjacent to existing single family homes.

2.         Some residents were concerned about the buffer between the multi-family project and the single family project. There was discussion about chain link fencing, landscaping, berms, and other items.

3.         Some residents were concerned about traffic issues and their ability to turn left off of the main entrance. A signal is under design for South Williamson and Town West Boulevard. Although initially it will be emergency activated, a some point it will become a full activated signal.

4.         Some residents were concerned about the height of the buildings adjacent to their single family homes. They wanted additional distance from the property line. It was pointed out that the developer is proposing a larger distance between property line and the buildings than would be required for the commercial development.


O.   PUBLIC SAFETY (Jerry Monahan)


Item 28 -        First Reading - Ordinance No. 2012-33 – Ordinance Prohibiting the Purchase, Possession, Sale, and Distribution of Illicit Synthetic Drugs


The City of Port Orange faces a growing epidemic regarding the proliferation of designer synthetic drugs. These synthetic drugs are being marketed to young people as legal substitutes for drugs currently banned by federal and state law such as marijuana, ecstasy, and cocaine. The long term health effects of these products are unknown as they are not regulated by the FDA, have not undergone human clinical testing and their manufacturing process has no oversight. There have been reported cases where users of the illicit synthetic drugs suffered from acute paranoia, heart attacks, and suicidal thoughts. This ordinance will make it unlawful to purchase, possess, sell, or distribute illicit synthetic drugs within the City of Port Orange.

Staff recommends approving the Ordinance.


City Manager Comments: The City Council went on record some weeks ago about drafting an Ordinance that would prohibit the purchase possession, sale and distribution of illicit synthetic drugs.  Port Orange would be joining several area cities in passing this type of Ordinance. 


Item 29 -        Biketoberfest Report


The Port Orange Police Department will present a report that will detail the number of traffic violations, sound violations, activity and complaints that were investigated during Biketoberfest.




Item 30 -        City-Owned Property: 6327 Spruce Creek Road Discussion of Sale of Property


In January, 2010 the City acquired from Walter Smith a three-quarter acre sized parcel of vacant land near the south terminus of Spruce Creek Road.  This property was purchased for $60,500 and was one of two parcels acquired for drainage purposes and access to Spruce Creek.  The subject property has approximately 350 frontage feet on the east side of Spruce Creek Road north from Hewitt Drive in unincorporated Volusia County. [Parcel ID# 6334-01-00-0020] 

A private individual has expressed an interest in purchasing the property to supplement adjacent property to the east intended for a new single-family residence.   The frontage along Spruce Creek Road would allow for direct, private access to the proposed home site rather than via the shared dirt drive easement to the south.

If the Council is interested in pursuing a sale, staff requests direction on the amount of property the Council would consider designating as surplus; and the terms, conditions, and methods to employ in exercising the power to sell surplus municipal real property.

Alternatively, the Council may wish to consider granting an access easement to the adjacent property owner, thereby retaining ownership of the parcel.

Staff requests direction for potential surplus municipal property.

Item 31 -        Discussion regarding the Hospital District Lines and Tax


Two years ago, the City Council discussed a two prong approach to the Hospital District Taxing jurisdiction.  The first was to approach the Legislature about allowing Port Orange residents to be eligible to serve on the Southeast Volusia Hospital Board of Directors.  The second prong was a longer term objective.  That objective was to approach the Legislature about amending the District lines to allow all the City of Port Orange to be in the Halifax Hospital Taxing District. 


Item 32 -        Discussion regarding Cost Share Agreement with Palmer College


Both Palmer and Frank Flagg have identified an Air Conditioning issue in the Clinic Building located on Clyde Morris.  As you know the City owns the building and Palmer leases it from the City of Port Orange.  The City staff initially asked Palmer if they wanted to hire the design profession, bid the project, and provide the project management using the method that has been successful used on two previous occasions with them.  They would pay for the design and improvements and would receive a rental credit.  When Palmer constructed a 10,000 square foot addition to the building, we used the same method with them designing, permitting, and constructing the addition and being given a rental credit.  When a parking lot expansion was needed to the facility, we used the same method.  It has worked extremely well for both Palmer and the City.  The City still reviews the bids to be sure that they are competitive.  The main advantage is that the Palmer is able to work with the contractor around their schedule.  I know when the City was performing roof work some months ago there were scheduling issues that we had to adapt to.  With the contractor working directly with Palmer then it is up to Palmer to coordinate with the clinic and classes as well as to how to perform work in areas where medical records are stored. 


Item 33 -        Discussion regarding land swap with the County of Volusia


Some months ago, the City Council authorized the City Manager to engage in a discussion with Volusia about a land trade that would give the City a large tract of land that could be developed into a major park and sports complex.  Initially, the parcel of land that the City had discussed with the County fronted Tomoka Farms Road. 

Because of the large amount of wetlands on that tract, the County has proposed a different swap.  They have indicated a willingness to trade lands that have the same upland character as the City-owned property.  However, the property does not have Tomoka Farms Road frontage.  The County has indicated a willingness to provide an easement access from Tomoka Farms Road.  Also, the property the County has proposed in the swap would have access from Shuntz Road as well.

The reason the County wants to proceed to trade is to place its land holdings together.  Currently, our parcel of land does separate County-owned land.  They would like to have our tract because it is located adjacent to the landfill property.  Also, they would want access along Shunz Road.  The City owns Shunz outright.

Does the City Council desire to proceed with the land trade?  The City does have an option of developing the park complex on the property it owns.  Access would be along Shunz Road.  The land is high and, for the most part, dry.  It is rather isolated and would not be easy to get to except by car.  The same applies for the southern tract that is proposed to be traded to the City by the County.

It does achieve the Council objective of having a large tract of land for a major park development.  The infrastructure on the existing land may be less expensive because of Shunz Road and the reclaimed water lines already in place.  The southern site works because it, too, has access from Shunz Road and has reclaimed water available.  Much of the southern site is located further away from the existing landfill.


Item 34 -        City Manager Selection process


Shannon will provide an update  to Council relating to the background checks.




Item 35 -        Comments/Concerns from Council Members


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




I know that Cindy has sent an update of activities that you may be interested