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

                         April 19, 2011


Date:               April 12, 2011






Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call




Item 4 -           Helen Cauthen, President and CEO, Team Volusia Economic Development Corporation


Helen Cauthen who serves as the President and CEO of Team Volusia Economic Development Corporation will be present on Tuesday night to meet the City Council and provide the City Council with an update of activities undertaken by Team Volusia.  Helen has been on the job since January and is doing an excellent job getting the organization organized and functioning. 


Item 5 -           Audit Report


Tuesday night, Alex Kish from Brent Millikan will be in attendance to present the City’s Annual Audit.  If you have not had an opportunity to meet with Mr. Kish and would like to do so, please feel free to contact Cindy and she will arrange a meeting time and date with him.






Item 6 -           US Tennis Association – Molly Zimmer


Molly Zimmer will be in attendance to speak to the City Council.


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




Item 7 -           Youth Advisory Board Appointment


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




Item 8 -           Approval of Minutes


a.         April 5, 2011 – Special City Council Meeting (Purchasing)

b.         April 5, 2011 – Regular City Council Meeting


Attached are the City Council meetings held on Tuesday, April 5, 2011.  Should you have questions, please feel free to contact Robin or me.


Item 9 -           Staff Reports – Building Activity Report and Monthly Development Activity Report for February and March 2011


Attached are the monthly reports from the Community Development Department.  Should you have questions, please feel free to contact Wayne Clark or me.


Item 10 -        Annual Paving Program FY2011 – Approval to piggyback City of Deltona’s Contract with Halifax Paving


Staff has identified the roadways in need of resurfacing for the 2011 Paving Program.  The spreadsheet attached lists the roadways to be resurfaced, condition, year originally constructed and cost to resurface each.  Staff requests approval to piggyback City of Deltona’s contract with Halifax Paving Inc. in order to obtain asphalt at a cost not to exceed $69.90 per ton.  Total estimated cost to resurface roads as shown is $497,300.00.  Funds are available in Account #30143005416397, Project #POL034


Staff recommends approval to piggyback City of Deltona’s contract (Bid#0944), with Halifax Paving Inc., to resurface roads as outlined in the FY2011 Paving Program for a total cost not to exceed $497,300.00.


Item 11 -        Rolling Thunder, Inc. Chapter 8 has requested permission to hold a POW/MIA Flag Raising Ceremony on June 14, 2011 “Flag Day” at Veterans Park from 5:30 p.m. to 7:00 p.m. and to have the City of Port Orange Co-sponsor/Waive the fees for this event


Rolling Thunder Inc. Chapter 8 has requested permission to hold a POW/MIA Flag Raising Ceremony on June 14, 2011 “Flag Day” at Veterans Park from 5:30 p.m. to 7:00 p.m. and to have the City of Port Orange Co-sponsor/waive the fees for this event.  Cost Analysis prepared and attached along with letter from organization requesting permission and support. 


This item is being sent for City Council review and/or approval for permission to co-sponsor/waive the fees for this event and allow Rolling Thunder Inc. to hold a POW/MIA Flag Raising Ceremony on June 14, 2011 at Veterans Park.


City Manager Comments:

Susan Lovallo, Shannon Lewis and I met with the Rolling Thunder group about doing a POW/MIA Flag raising ceremony on June 14th in Veterans Park.  Attached is the request to conduct the ceremony.  Rolling Thunder has provided the City with POW/MIA flags to be displayed at all City facilities as a reminder to our citizens that there are still individuals who are missing and have not come home. 


Item 12 -        Authorization to proceed with award of a “Piggy Back” contract for the construction of the Williamson Blvd. traffic signal at Hockney Court/McGinnis Avenue


Use of the Orange County “Push Button” contract for construction of this traffic signal will allow the City of Port Orange to award this contract to Chincor Electric based on their low priced bid for the items required for this project.  To complete the work items for this project the City will utilize a similar contract with Volusia County for Signing and Pavement Marking that will be implemented when the traffic signal work is completed.


Funding # 317-1000-580-81-10                                                  Project # IMI007


Staff recommends Council award to the low bidder, Chincor Electric, the contract for construction of the Williamson Boulevard traffic signal at Hockney Court/McGinnis Avenue in the amount not to exceed $110,000 based on the prices quoted to Orange County under their “Push Button” contract. 


Item 13 -        Administrative Code Change Creating a Public Safety Department


There are opportunities to examine organizational alignments.  A good time to do so is when a department head is retiring.  A number of local governments have combined the administration of their public safety activities under one department.  They have done so in order to coordinate, communicate and consolidate public safety functions.  The change brings together, for administrative purposes, Police, Fire and emergency management activities as well as the other functions currently under Police and Fire.  The projected savings in the first year is $177,000.


The bringing together of the two departments under one administration is not uncommon.  In fact, there are several examples throughout Florida and the United States.  Combining resources provides an opportunity to produce budgetary savings.  However, budgetary savings should not be the only reason for combination.  Combination only makes sense if it bridges operational issues as well.  New job descriptions have been drafted for the Director as well as two Deputy Directors.


I have attached an organizational chart for your review.


Staff recommends Council approve the Administrative Code Change creating a Public Safety Department.


City Manager Comments:

A few weeks ago, I presented an organizational alignment that would create a Department of Public Safety.  Attached is the organizational charter.  I have included the job descriptions for the Public Safety Director and for the Deputy Directors.  The job descriptions do not require your approval.  The organizational alignment does.




Item 14 -        Special Exception for a Game/Recreational Facility in the “CC” Zoning District for Allied Veterans of the World, Inc. Affiliate 49 (Tabled from March 15, 2011)


It is recommended that this item remain on the table.




Item 15 -        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.


J.    FINANCE (John Shelley)


Item 16 -        Resolution No. 11-18- Budget Appropriations


In 2010, the City received a special exception fee from D.R. Horton.  Funds for this fee were to be designated for a football field.  Also, the City has an ongoing roof repair project for the Allen Green Center.  In addition, interior repairs are needed on the Allen Green Center due to roof leaks prior to the current repair project. The attached resolution appropriations budgets revenues and expenditures for these projects. Staff recommends approval.




Item 17 -        Resolution No. 11-19 – Proposed Building Permit and Related Fees Resolution Amendment


The current Building Permit and Related Fees Resolution was adopted in early 2007. Since its adoption, a number of recommended improvements have been identified. The proposed amendments include:



Staff recommends Council approve Building Permit Fee Resolution No. 11-19.


Item 18 -        Proposed License Agreement – Lot 35, Bentwood Subdivision, Phase III, 686 Breckenridge Drive; Case no. 11-97500001


David W. Hudson and Margaret W. Hudson, the owners of the subject property, have applied for a Right-of-Way License Agreement through the Department of Community Development.  The application was made in connection with a proposal to reconstruct a driveway with decorative pavers.


The License Agreement Application has been reviewed for completeness and accuracy.  The proposal was reviewed with respect to city codes and possible effects to adjacent properties resulting in no outstanding concerns.  The owners have submitted a building permit application for the proposal as described that has also been reviewed for approval by appropriate city staff.


The property owner has been advised of applicable requirements and advised of the License Agreement and permit review process.  This agreement has the effect of requiring the property owner to maintain and, if necessary, replace these improvements with the accepted standard construction requirements of the city.  Further, should the property owner fail to abide by this requirement, it provides the city with the ability to take necessary corrective actions at the expense of the property owner


Staff recommends Council approve and authorize the Mayor and City Manager to act on behalf of the City to execute a License Agreement for Lot 35, Bentwood Subdivision, Phase II.


L.    PUBLIC WORKS (Warren Pike)


Item 19 -        Award Landscape Maintenance Contract Bid #11-11


Staff advertised and received six bids on the Landscape Maintenance contract (see Bid Summary attached).  As Council is aware, there was a bid protest and staff requested the existing contract be extended one month in order to allow time to address the protest.  Staff has reviewed all bid submittals, met with vendors regarding the bid protest issues and is now prepared to award the contract.  Lowest responsive bid on Sections 1-3 is Tuff Turf Inc. with an annual bid of $183,160.84.  Lowest responsive bid on Section 4 is Tif-Jen Inc. with an annual bid of $192,989.00.  Total annual cost for all sections is $376,149.84.  Funds are available as shown on Commentary attached.


Staff recommends approval to award Sections 1-3 of the Landscape Maintenance Contract to Tuff Turf Inc. for a total annual cost of $183,160.84; and Section 4 of the contract to Tif-Jen Inc. for a total annual cost of $192,989.00.


City Manager Comments:

Prior to scheduling the bid for City Council consideration, there were two bid protests.  I have attached the bid protest materials and findings as part of the Agenda package.  The protest submitted by Glencoe was found to be without merit and that the two other bidders had met the technical specifications.  Tuff Turf’s protest was not necessary since they were determined to be in compliance with the specifications and met the qualifications to be considered as the lowest responsible bidder for Sections 1-3.


After the Agenda item was prepared and scheduled, two additional protests have been filed.  Those parties will be in front of City Council on Tuesday night presenting their case on why the City Council should not award the bid to Tuff Turf and Tif-Jen.


Both Margaret and I are available to answer your questions concerning the bid and the bid protest.


M.   CITY ATTORNEY (Margaret Roberts)


Item 20 -        Interlocal Agreement for the Transfer of a 30% Undivided Interest in Property to Volusia County


The property is located east of Interstate 95 and off Martin’s Dairy Road, and consists of  approximately 224 acres, and is generally referred to as a portion of the Stanaki property as purchased by the City in 2007 with assistance from the Florida Community Trust.  To be eligible for additional acquisition grant funds from Volusia County’s Volusia Forever grant program, an interlocal agreement between the City and County for the transfer of an interest in the property is desired.   


Staff recommends approval of the authorization of the Mayor and City Manager to execute an Interlocal Agreement between the City and Volusia County to transfer a 30% undivided interest in the property adjoining Martin Dairy Road subject to any requirements of the Florida Community Trust and to provide for management of the property by Volusia County in conjunction with the Doris Leeper Spruce Creek Preserve.


City Manager Comments:

The City of Port Orange acquired a parcel of land east of Interstate 95 and adjacent to the Spruce Creek Preserve.  The transaction contemplated that the land would be acquired jointly by the City, Florida’s Community Trust and Volusia County.  The City closed on the property.  The State of Florida agreed to provide their funding.  We have received the funds from the State of Florida for their share.  Because of a lawsuit that was filed related to the acquisition, Volusia County delayed in participating in the land purchase.  The lawsuit was dropped.  The County is prepared to move forward with providing their share of the funding for the land.  Also, the County would take on the responsibility of day to day management and operation of the land as part of the Spruce Creek Preserve.  I recommend approval of the Interlocal Agreement.  The County funding source is Volusia Forever Funds.


N.   ADMINISTRATION – (Ken Parker)


Item 21 -        Request for Proposals for Riverwalk


To facilitate redevelopment in Town Center, staff has prepared a Request for Proposals (RFP) for development projects on City & CRA lands within the Riverwalk Area of Port Orange Town Center.   Preliminary drafts of the subject RFP were previously reviewed with the CRA on January 11th, February 22nd and March 15th.   The RFP accompanying this agenda form incorporates all of the changes requested by the CRA, as well as modifications to ensure compliance with City Purchasing Policies and Procedures and Florida Statutes.


Since RFP #11-14 addresses both CRA and City-owned property, both bodies must approve issuance of the RFP.  Pending these approvals, RFP #11-14 will be issued in mid-June.  This schedule allows the CRA’s marketing efforts to generate exposure for the impending RFP for approximately six (6) weeks prior to the formal issuance and advertisement of the RFP pursuant to Florida Statutes.


Staff recommends Council authorize issuance of RFP #11-14, and to designate the Town Center CRA members as the Proposal Evaluation Committee.


City Manager Comments:

The Town Center CRA will be meeting before the regular City Council Meeting to review the RFP.   The CRA will be making a recommendation to the City Council related to whether to move forward with the RFP. 




Item 22 -        Comments/Concerns from Council Members


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