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

                         March 22, 2011


Date:               March 15, 2011



A.           OPENING


Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call




Item 4 -           Josh Wagner, Volusia County Council


Volusia County Councilman Josh Wagner will be in attendance to speak with City Council.


City Manager Comments: The City Council asked that we invite members of the County Council that represent Port Orange to attend City Council meetings so that there can be an exchange of information between the Port Orange City Council and the County Council.  Some of the topics that the City Council maybe interested in receiving an update from the County Council are: countywide dispatch; changes in ambulance transport; and County Fire District. 


Item 5 -           Spruce Creek High School State Championship Teams – Girls Weightlifting and Boys Golf


Spruce Creek High School students from the State Championship Teams Girls Weightlifting and Boys Golf will be in attendance to be recognized by the Council. 

The Girls Weightlifting Team trained by Coach Tom Bennett includes of Shelby Koren, 9th grade; Ashley Koren, 11th grade; Jade McCrary, 11th grade; Breanna Johnson, 11th grade; Celine Oskandy, 11th grade; Ashley Bueche, 12th grade; and Kayla Jaramillo, 12th grade.


The Boys Golf team trained by Coach Mark Grose includes Chip Hoch, 12th grade; Ethan Wagner, 10th grade; Dirk Kuehler, 10th grade; Doug Spencer, 10th grade; Tyler Green, 9th grade and Mark Siner, 9th grade.


City Manager Comments: This is an opportunity for the City Council to recognize athletic achievement at Spruce Creek.  So far this year, Creek has produced two State Championship teams.  Earlier this year, the City Council recognized the Atlantic Bowling team for their State Championship. 




Item 6 -           Report from KemperSports Management regarding Cypress Head Golf Course


A representative of KemperSports will make a report to the Council regarding The Golf Club at Cypress Head at this time.


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




Item 7 -           Project Managers’ Report


Attached is the Project Managers’ Report.  If you have questions, please contact any of the Project Managers or me.


Item 8 -           Piggyback of Existing Contract with Miller Pipeline Corp. for Sanitary Sewer System Rehabilitation Work


Our Public Utilities Field Operations Division has recently identified additional sewer lining work required within Area #7 of our City. This area of our sewer collection system is located on the east and west sides of Ridgewood Avenue extending from Dunlawton Avenue to the north and White Place to the south.  This sewer collection system is one of our oldest systems being constructed of 8” clay pipe approx. 50 + years ago.  Our Field Operations Division has vigorously cleaned, videotaped, and inspected over 5 miles of sewer lines with our new truck / video camera equipment, and inspected and / or repaired over 100 existing manholes in this area.  We have determined that many of the clay pipes in this area are severely fatigued, cracked, and in need of relining to avoid future collapses and catastrophic failures of the pipes.  This will help avoid the need of highly expensive sewer collection system / street removal and replacement.


Miller Pipeline has recently been able to provide us with a copy of their existing contact with Charlotte County, Florida which we are now able to piggyback and take advantage of these very low competitively bid prices. This will allow us to continue our joint work program with Miller Pipeline in the completion of lining of sewers within this area of our City.  Miller Pipeline is a local company based out of New Smyrna Beach, Florida which has completed sewer rehabilitation work within other sections of our system located near the south end of Spruce Creek Road within the Cambridge Villas, Cambridge Estates, The Woods, Leisure Villas, Tree Top, and the Hamlet areas in the past.  We are confident that Miller Pipeline Corp. will continue to work with us effectively to perform all work assigned in an acceptable manner. 


We therefore request your approval at this time to approve this Purchase Order authorization for an amount not to exceed $277,961 to Miller Pipeline Corp. for sanitary sewer system rehabilitation efforts by piggybacking their existing contact with Charlotte County, Florida. Funds have been recently budgeted and approved for the current fiscal year to complete this work and these funds are currently available in the Sewer System Rehabilitation Project # URH001.


Staff recommends Council authorize a Purchase Order in the amount of $277,961 to be issued to Miller Pipeline Corp., piggybacking their existing contract with Charlotte County, Florida for sewer system rehabilitation services city wide.


Item 9 -           Approval to Piggyback County of Volusia and City of South Daytona Contracts for Electrical Services


For water production, wastewater treatment, and other industrial use facilities, staff requests approval to piggyback County of Volusia bid 06-B-250DS per current terms and pricing structure which remain in effect through October 31, 2011.  Economy Electric Company has agreed to perform the same services for the City of Port Orange and honor all prices and terms of the County agreement.   


For other general electrical services required at other Public Utilities and City facilities, staff requests approval to piggyback City of South Daytona standard contract for electrical services. Giles Electric has agreed to perform the same services for the City of Port Orange and honor all prices and terms of the current South Daytona agreement.    


Staff recommends approval to piggyback County of Volusia Bid 06-B-250DS and City of South Daytona Contracts for Electrical Services


Item 10 -        Piggyback of Tampa Bay Water Contract #2011-012 for As-Needed Production Well Construction, Repair, and Rehabilitation Services awarded to Diversified Drilling Corporation


The City of Port Orange operates 40 drinking water wells with a combined collective capacity of 20 mgd.  While average daily demands average approximately 6 mgd, peak demands approach 10+ mgd.  Therefore, it is desirable to keep all wells in proper working order as part of emergency preparedness. 


Historically, a key member of our team helping to achieve this goal is the firm of Diversified Drilling Corporation.  Diversified has provided installation and repair services to the City for years, and we desire to maintain that relationship.  Toward that end, City staff proposes to utilize a “piggyback” contract between Diversified and Tampa Bay Water to cover the services required, and Diversified has provided written consent to honor the referenced contract. 


At present, four drinking water wells in our central wellfield are out of service.  Well C-7 is inoperable due to deterioration of the deep well casing pipe and the annular space grouting which has been compromised due to age and normal “wear & tear.”  The subsurface well construction must be entirely refurbished to place this well back into usage.  Additionally, the performance and water quality data obtained from wells C-6, C-19, and C-22 has declined.  A deep well video inspection is necessary to determine the cause and identify possible solutions, and Diversified has previously performed these types of service for the City.  The cost of the initially required services is $43,520.  During the investigative phase of the deep well inspection, Diversified may be able to identify and make the necessary repairs to place wells back in service, thereby saving future re-mobilization costs and avoiding potential delays.  Therefore, staff are suggesting that the initial blanket purchase order be in the amount $60,000 to cover potential repairs in accordance with established contractual unit prices.


Staff recommends Council approve of “piggyback” of Tampa Bay Water Contract #2011-012 for As-Needed Production Well Construction, Repair and Rehabilitation Services awarded to Diversified Drilling Corporation and to authorize an initial purchase order in the amount of $60,000, and to authorize the Mayor and City Manager to sign contract documents of behalf of the City, as necessary.  Funds are currently budgeted under Water Wells Repair & Maintenance WWW002. 


Item 11 -        Liquid Chemical System Safety Improvements for Peninsula and Oceans Potable Water Pumping Stations


In an effort to eliminate potential safety hazards associated with chlorine gas and anhydrous ammonia, the Public Utilities Department recommends conversion of its existing gaseous chemical feed systems to liquid systems at the Peninsula and Ocean pumping stations.  These systems are programmed for replacement due to age and general condition.

The chlorine and anhydrous ammonia gas feed systems currently utilized at both beachside pumping stations will be converted to liquid sodium hypochlorite and ammonium sulfate systems, respectively.  Similar liquid systems have been installed at both City water and wastewater treatment facilities in recent years for the purpose of improved safety for plant personnel and the general public.  In addition, the new systems provide for better overall water quality due to consistent chemical feed.

Odyssey Manufacturing Co. is the City’s current supplier of sodium hypochlorite.  The company also provides turnkey installation solutions for sodium hypochlorite and ammonium sulfate systems.   By converting both gaseous systems to the safer liquid feed systems simultaneously, only one permit modification is necessary.    

Odyssey Manufacturing Co specializes in chemical feed systems and is the only known company to offer a turnkey solution which includes engineering design, permitting and installation.  The company has installed over 1,500 systems around the state including the City of Port Orange. The Public Utilities Department respectfully recommends waiving standard bidding procedures and awarding a purchase order to Odyssey Manufacturing in the amount of $73,950 for the conversion to liquid feed systems at both Peninsula and Oceans potable water pumping stations.   

Funding for these safety improvements is available in the current year budget in project number WWP003 Water Plant Improvements


Staff recommends Council approve waiver of formal bid requirements, and approve Odyssey Manufacturing Co. for the installation of sodium hypochlorite and ammonium sulfate liquid chemical feed systems in the amount of $73,950.


Item 12 -        Award of Bid No. B11-09 Garnsey Water Treatment Plant Backwash Recovery Pumps and Filter Backwash Piping


This capital project calls for the construction of backwash recovery system improvements at the Garnsey Water Treatment Plant. The contractor will be responsible for furnishing all materials, labor, equipment, tools, services, and incidentals to complete all work as specified in the bid documents.   Upon completion of this project, the plant will achieve the City’s goal of 4-log (99.99%) removal or inactivation of viruses from ground water. This treatment process provides increased protection against pathogens in public water systems that use ground water sources.     


A total of five contractor bids were submitted and opened on March 8, 2011.  The lowest bid was submitted by McMahan Construction for the amount of $281,500.00.  Our engineering consultant, Quentin L. Hampton (QLH), has evaluated the bids and unit prices.  They have determined the prices in McMahan Construction’s bid to be fair and representative of current industry standards, based upon the site-specific characteristics.  McMahan Construction has successfully completed several industrial utility construction projects on behalf of the City for many years. 


Upon review of the bid documents, it has been determined that McMahan Construction is the most responsive, responsible bidder.  Staff therefore respectfully recommends Council award the project to McMahan Construction at this time.


Construction funding is budgeted under project number WWP003, Water Plant Improvements.


Staff recommends Council award Bid No. B11-09 Garnsey Water Treatment Plant Backwash Recovery Pumps and Filter Backwash Piping to the firm of McMahan Construction in an amount of $281,500 and to authorize the Mayor and City Manager to sign and execute all required contract documents.    


Item 13 -        2010 Flu Program Revenue and Expenditures


This is the follow up report requested by the Council, at the completion of the 2010 Flu Shots Season billing process.  These reports summarize all revenue collected during the 2010 Flu Shots Season and the programs funded from the revenue generated, in accordance with Resolution 05-63.


City Manager Comments: The City of Port Orange began offering flu shots to our residents a number of years ago.  The program has been very successful for the City and our residents.  Over the years, we have seen private providers begin providing flu shots at various locations throughout the City.  In the upcoming budget, I will be recommending that the City of Port Orange no longer provide a flu shot program.  In Russ’ report, he suggested a modified flu shot program for the City Council’s consideration.  However, with Russ retiring on April 1, 2011, the individual who has successfully run the City’s program since its inception will no longer be with the City.  With the staffing changes, the City will be hard pressed to provide the oversight and coordination that is essential for the success of the program


F.            TABLED ITEMS


Item 14 -        Special Exception for a Game/Recreation Facility in the “CC” Zoning District for Allied Veterans of the World, Inc. Affiliate 49 (Tabled 3/15/11)


Planning Commission Action:  February 24, 2010

Recommended approval (4-2), subject to the following conditions:

·         The property owner will install 40 shrubs along the rear property line behind the proposed tenant space and extend the irrigation line prior to issuance of the business tax for the proposed use;

·         The Special Exception use is limited to 3510 Nova Rd., Units 119 & 120;

·         The Special Exception is limited to the applicant, Allied Veterans of the World, Inc.: Affiliate #49, only. If the applicant should abandon the units or allow the business tax to expire, the Special Exception shall become void; and

·         Hours of operations shall be limited to 7am to 11pm.


At the Planning Commission Meeting, the attorney representing the applicant indicated that the facility would be open 24 hours a day, which is allowed by the Code of Ordinances. The attorney stated that she would need to speak with her client about limiting the hours of operations from 7am to 11pm, as recommended by the Planning Commission.  The applicant recently informed staff that her client is proposing to limit the hours of operation to 8 am to 1am.



G.           FINANCE (John Shelley)


Item 15 -        Resolution No. 11-12 – Budget Appropriations


On March 15, 2011 the Council will be asked to approve SHIP grant awards for various SHIP eligible projects.  Also the Council has previously approved the cost participation agreement for Town West Blvd. The attached resolution appropriations budgets revenues and expenditures for these projects. Staff recommends approval.


Item 16 -        Monthly Financial Report


Attached is the Monthly Financial Report.  If you have questions, please contact either John Shelley or me.


Item 17 -        Citizen Survey Report – March 2011


As part of the annual budget process, the Finance Department conducts a Citizen Survey as a method for measuring the quality and performance of City-provided services.  The annual survey also helps obtain citizen viewpoints of the community as well as their overall interest and participation in public meetings, workshops, sponsored events, and other City-related activities.  The results of the 2011 citizen survey are summarized in the attached report.


H.           COMMUNITY DEVELOPMENT (Wayne Clark)


Item 18 -        Second Reading – Ordinance No. 2011-5 – LDC Amendment/Building Code References


Staff recommends approval.


Item 19 -        First Reading – Ordinance No. 2011-7 – 5th Amendment to the Port Orange Gateway Center PCD Amended and Restated Master Development Agreement Case No. 11-40000001


Planning Commission Action:  February 24, 2011


Recommended approval, 6-0 (Commissioner Barker, excused). The purpose of the amendment is to remove the 6,000 square foot cap on restaurants on Lot 2 of the subdivision (Panera Bread Center). Staff has reviewed the amendment and has determined no new impacts are anticipated. The staff report and amendment document are attached.


Approval of Ordinance No. 2011-7 adding the 5th Amendment to the Port Orange Gateway Center PCD Amended and Restated Master Development Agreement, as recommended by the Planning Commission



Item 20 -        Cost Participation Request fro Public Improvements constructed along Town West Blvd and McGinnis Ave by D.R. Horton, Inc.


The developer of Port Orange Plantation Phase I and their engineer, Harpster Engineering, worked with city staff in 2004-2005 to design, permit and construct aforementioned systems along Town West Blvd and McGinnis Ave.  The stormwater system infrastructure was sized and constructed for future roadway widening that is anticipated to occur when there is additional development within the area.  The cost for upsizing the stormwater system was determined to be $159,296 and the communication conduit $ 97,951. 


The developer’s engineer has recently provided supporting cost documentation, along with their formal request for reimbursement.  City staff, at the time of permitting, sent correspondence encouraging and authorizing the development team to upsize the systems for the future expansion in the area.  The City is paying only the costs associated with upsizing the systems above the minimum required size.


Staff has reviewed City records, as well as the materials presented by Harpster Engineering, and verified that the prices were fair and reasonable and in-line with current industry pricing at that time.


Funding has been identified within 317-1000-580-6397 & 412-1800-541-6397 accounts for the conduit and stormwater items. A mutual agreement between the City and the developer states that the full payment of the fiber optic communication conduit, $97,951 and $40,000 of the stormwater system costs will be paid during this fiscal year.  And additional payment of $80,000 for the stormwater cost will be paid next fiscal year. D.R. Horton has agreed to write off the $39,296 stormwater balance.  Staff recommends approval of this funding agreement in an amount not to exceed $217,951.00.  Payment for the system improvements is as follows:   


Stormwater infrastructure= $120,000.00                           

Fiber Optic Communication Conduit =$ 97,951.00


Staff recommends Council approve the Cost Participation agreement with D.R. Horton, Inc. in an amount not to exceed $217,951 for construction and installation of communication conduit and the upsizing of the stormwater drainage infrastructure along Town West Blvd and McGinnis Ave and to authorize the Mayor and City Manager to execute applicable documents.


City Manager Comments:  The first meeting in March the City Council approved the request for D.R. Horton for Water and Sewer Cost Participation.  As was stated at that time, we were still working on drainage and conduit reimbursement.  When Town West Boulevard was originally constructed, the City requested D.R. Horton upsize the drainage system, including the pipe and retention ponds to handle the eventual widening of Town West to four lanes. The piping was located so that it will not have to be relocated when the widening occurs. Also, in anticipation of City facilities being constructed both on Town West Boulevard and on Coraci Boulevard, the City requested that conduit be installed so that the City could install fiber optics in the future.  The drainage improvements were installed as well as the conduit.  The improvements were accepted by the City.  However, D.R. Horton did not request payment.  Port Orange only pays for cost participation based upon invoice.  Therefore no payment was made for the upsizing of the lines, upsizing of the retention ponds and installation of the conduit. 


I.              PUBLIC WORKS (Warren Pike)


Item 21 -        Extend Landscape Maintenance Contract for One Month


The Landscape Maintenance Contract is due to expire March 31, 2011.  Staff advertised and received six bid submittals; however only two of the six submitted were complete.  Staff has also received a letter of Bid Protest from one of the vendors.  Staff is requesting approval to extend the existing Landscape Maintenance contract for one month in order to have the time to properly evaluate all bid submittals and address the bid protest.  All three vendors currently under contract, Tuff Turf, Tif-Jen and Glencoe Lawns Inc. have agreed to extend the contract for one month under the current terms and conditions.


Staff recommends approval to extend the existing Landscape Maintenance Contract for one month, April 1, 2011 through April 30, 2011


City Manager Comments:  Recently, the City accepted bids for landscape services.  A bid protest has been filed.  In order for the bid protest to be heard in accordance with the City’s Purchasing procedure, it will be necessary to extend the existing contracts for a one month period.  A protest hearing has been scheduled for Thursday, March 17.



J.            PUBLIC SAFETY(Gerald Monahan and Tom Weber)


Item 22 -        Bike Week Report


Staff will present the report to Council concerning Bike Week 2011.


City Manager Comments: Recently, the City staff held an after action session to determine what we could have done to address the situation that occurred on Ridgewood Avenue during bike week.  First, the team discussed Ordinance changes.  It was determined that some of our Ordinances need to be tightened.  We believe that there are some changes that can be made to the Code of Ordinances that will assist the City in addressing a situation like the one that presented itself during Bike Week. Second, if the building does not have an occupational/business license, can the City inspect the building prior to issuance of the license?  We found that the building in question had an expired business license.  We are reviewing our Ordinances to determine whether changes are needed to strengthen our capability to inspect the premises.  Third, we look at our overall Code resources.  What resources did we have that were not used?  Although we used the Building Official, Code Enforcement, and Police resources effectively, we left out one important tool that potentially could have been used to inspect the interior of the property for safety and assembly issues.  The State law gives the Fire Marshal entry authority that is not available to Code Enforcement Officers and in some cases the Building Official. The Fire Marshal has the authority to inspect the building for life safety code issues, fire codes and fire safety issues, occupancy issues as well as for assembly issues.  Also, we discussed Code Enforcement approaches such as using the Special Magistrate to conduct a Code Enforcement hearing rather than using the normal Code Enforcement process.  Although the Ordinance does allow the use of the Special Magistrate to hear Code Enforcement cases, the City has not used the process in the past.  Usually, failure to comply with a Code Enforcement order leads to fines.  The decision to seek a court order to remove the individuals from the property was a proper decision.  It provided the City with the legal authority to remove the individuals from the premises.  The City is pursuing Code Enforcement action against the property owner as well.  Why?  The property owner allowed City Codes to be violated.  Events were conducted on the property without proper permits.  The property was used in violation of the City’s Code of Ordinances.  The City has incurred expenses that were not anticipated because of the failure of the property owner to obtain proper permits for special event activities that were allowed on his property.  It is my intent to have staff present at Code Enforcement Board our cost including Code Enforcement, Legal, Police, and other expenses associated with the events that occurred that were not permitted by the City.  One observation, two businesses located near this location went through the special event process.  They were required to pay certain costs associated with their events.  Also, a traffic plan was developed for both locations and submitted to FDOT for their approval.  Parking plans were in place to handle the events. 




1.            Review the City’s Code of Ordinances and make necessary changes.

2.            When a property has an expired occupational license, require the inspection of the facility before re-issuing the license.

3.            Use all of the City’s Inspection and Enforcement Resources, including Police, Fire, Code, and Building. 

4.            Use the City’s Special Magistrate to hear the Code Enforcement case.

5.            The Court process needs to run parallel with the City’s enforcement action.

6.            When violations like this occur, the City should seek to recover its costs from the property owner.




Item 23 –       Comments/Concerns from Council Members


At this time, Council Members may discuss various matters of concern.