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To:                   Mayor Allen Green

                        Vice Mayor Bob 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

                        January 24, 2012


Date:               January 18, 2011





Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call




Item 4 -           Local Business Spotlight


The Port Orange-South Daytona Chamber of Commerce will present the featured business of the month.


Item 5 -           Atlantic High School Football Team


On Tuesday night the Atlantic High School Football Team has been invited to attend the City Council meeting.  The team finished second in its district and qualified for the State High School playoffs.  This team showed dedication and character throughout the season.  The City Council will recognize the team for its achievement.



a. IT report

b. HR report

c. Parks report

d. Fire report

e. Public Works report

f. Public Utilities report

g. Police report

h. CD report




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

a.    October, 2011 reports

b.    November, 2011 reports

c.    December, 2011 reports


At this time, a representative of KemperSports will make a report to the Council regarding the activities of the golf course.








Item 7 -           The Drool, Inc. has requested permission to construct a covered pavilion in the Seemor Memorial Dog Park on Spruce Creek Road in Port Orange at their sole expense and in compliance with the City Codes and all necessary permits


The Drool, Inc. came before the Parks and Recreation Advisory Board on September 27, 2011 and has gained their approval to present this item to the City Council provided there are no costs to the City to construct the pavilion.  The covered pavilion will be located in the large dog enclosure and constructed in accordance with all City Codes and regulations.  All permits will be applied for and construction will be overseen by general contractor John Junco.  This structure will be a covered, open air pavilion with two picnic tables.  The Drool, Inc. has raised all necessary funds to construct this pavilion with no costs to the City.  Once the pavilion has been completed, ownership will be given to the City.  Annual maintenance costs of this pavilion would be less than $100 and would be included in regular park maintenance. 

Staff recommends Council grant permission to allow The Drool, Inc. to construct an open air, covered pavilion at the Seemor Memorial Dog Park at their sole expense; subject to a written agreement with Port Orange Community Trust agreeing to pay the contractor and requiring the contractor to provide a Payment and Performance Bond naming the City as an additional obligee.

 City Manager Comments: The leaders of The Drool have worked with the Parks and Recreation Advisory Board and staff to provide a pavilion at the Seemor Dog Park.  I have visited the site and have seen the location where they want to locate the pavilion.  This would be an excellent addition to the park. 


H.   CITIZEN PARTICIPATION (Non-Agenda- 15 minutes)




Item 8-            Project Managers’ Report


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


Item 9 -           Refurbishment of Granular Activated Carbon Filter Unit at Reclaimed Water Plant


All of the City’s daily inflow of 5+ million gallons per day of wastewater is initially received by the Reclaimed Water Plant by flowing into one of two master sewage pump stations. The raw, untreated sewage can be a source of significant odor.  Equally important, however, is the fact that the associated hydrogen sulfide gas converts to highly corrosive sulfuric acid causing damages to pump and concrete structures.

To address this issue, the plant utilizes a granular activated carbon air stripper to remove sulfur, thus reducing acid while removing odor.  The current unit was initially installed in 1999.  While the unit itself has a potential useful life of 40 years, the carbon media contained within becomes saturated, creating a semi-hazardous media material that must be replaced approximately every 10 years.  Superior maintenance of the unit by the Plant Mechanics has enabled us to get nearly 13 years of service from the unit, but it essential to replace the filter media at this time.  Failure to do so will result in increased noxious odors to the surrounding businesses and residents.  Additionally, it will generate acid within the pump stations that will eventually compromise the structural integrity of the pump station walls.

As the original manufacturer and supplier, Calgon Carbon has evaluated the unit and provided a price for turn-key services.  It is important to acknowledge that the services include the removal and disposal of the existing semi-hazardous carbon media, as well as installation of new media thereafter.  (It should be noted that other vendors that provide comparable technology were consulted.  However, none would service the Calgon unit.  Instead, they required the City to purchase and install their product at costs of hundreds of thousands of dollars.)     

Refurbishment of the unit was programmed in the CIP and funding is available in SSP002 Sewer Plant Replacement using a combination of funding from 403-040-535-6397 (the Renewal & Replacement fund as required per bondholder covenants) and the 401-0400-535-6397 fund.


Staff recommends waiver of the formal bidding procedures and validate Calgon Carbon as the sole source authorized vendor to provide services for the refurbishment of the Calgon granular activated carbon unit, located at the Reclaimed Water Plant, and to issue a purchase order in the amount of $114,710, and to authorize the Mayor and City Manager to execute any contract documents, as required. 


Item 10 -        Modification of the Public Utilities Department Organizational Structure


City Charter Article IV. Administrative, Section 4.05 describes the Administrative Code.  The Administrative Code, adopted by the City Council, sets forth the department organization including charts showing the chain of command and the allocation of responsibilities and duties for each department. 

In an effort to provide succession planning in multiple disciplines within the Department, it is proposed to take the existing part-time no-benefit Intern position and replace it with a full-time salaried Engineer position.  While the position is to remain within Public Utilities Administration, the employee would initially be assigned to work with Laboratory Operations, focusing on Environmental Regulatory Compliance.  This arrangement enables the employee’s actual working time to fulfill multiple varied licensure requirements, thus allowing them to become certified as a Laboratory Director, Treatment Plant Operator, or Professional Engineer.  As a result, the City achieves significant flexibility for the career path associated with this position.

From a budgetary standpoint the change is effectively budget neutral.  Operating costs from within the Public Utilities Administrative Budget will be transferred from Professional Services and Other Contractual Services and placed into Salaries and associated benefits.

At this time we request council’s approval of the proposed organizational structure.

Staff recommends approval the proposed Public Utilities Department organizational structure.

City Manager Comments:  Succession planning has been a top priority for our Public Utility Department.  Roger has been looking for ways to prepare for the future.  We have had an intern working in our Utilities Department for the past three years.  The individual has recently graduated with his degree from UCF.  As job requirements have been increased for a number of our positions, this is an excellent opportunity for us to prepare for retirements that will occur in a few years in three of our Utility Divisions.  Roger and Mike have located the funds in their existing budget in order to fund the position.  The individual that has interned with us is a Port Orange resident who attended local high schools and UCF. 

Item 11 -        Approval of waiver of the bidding requirements for the selection of a sole source Vendor for the design and construction of repairs to the retaining wall on the Cambridge canal at Apple Court


Staff recommends approval of the selection of Progressive Contractors, Inc.  Staff received a complaint from a resident on Apple Court who has informed us that the wall is falling into the canal. Back in 2005, the County was awarded a grant to perform the installation of a vinyl sheet pile wall after the storms of 2004.  The canal does come close to several homes in the area and it is apparent that the tie backs have broken loose and the wall is leaning into the canal.  It appears that the negative pressure behind the wall has caused it to pull away from the anchors.  The wall is in danger of completely falling into the canal which will create a bigger problem of a blockage in a major drainage system.  Also, due to the proximity of some homes to the wall, if further erosion takes place the problem will just compound.  Staff has obtained a quote from the local contractor who installed a redi-rock wall that was repaired along the Cambridge canal, east of Trailwood Drive, in 2005 after that vinyl sheet pile failed.  Staff is monitoring the wall weekly to assure that no further erosion and/or damage has affected the adjacent property owners. 

Staff has received the quote from the local contractor who did the repairs at Trailwood Drive which was Progressive Contractors, Inc.  This quote includes design, engineering, bedding, rock and the removal of the existing vinyl sheeting.  The approximate footage is a total of 1500 square feet at a cost of $78,525.00.  This is a sole source vendor with whom the City has had great results.  This quote is also consistent with the unit costs for the repairs at Trailwood Drive on the canal wall in 2005.  Attached is the quote and contract for services for your review.

Project: DIP052         Funds Available in 412-1800-541-63-97:

Staff recommends waiver of the bidding requirements pursuant to Section 2-267 of the Code of Ordinances and approve the selection of sole source vendor, Progressive Contractors, Inc. for the design build repairs to the retaining wall on the Cambridge canal at Apple Court, subject to receipt and approval of all contract documents by the City Manager as reviewed by the City Attorney.

City Manager Comment: After the 2004 storms, we had severe erosion in this area of the Cambridge Canal.  Volusia County was able to obtain funding to install vinyl seawalls in this area.  The County designed the seawalls and installed them.  The City did provide some assistance.  The seawalls are collapsing into the canal.  What is being proposed is to remove the existing vinyl seawall and replace it with the same material that was used further down the canal, ready rock.  I would invite you to visit the Apple Court and see for yourself the condition of the vinyl wall. 

J.    FINANCE (John Shelley)


Item 12 -    Resolution No. 12-2 – Budget Resolution for Yorktowne (Continued from January 17, 2012)


In February 2009, the City Council approved a Transportation Cost Allocation agreement with the Pavilion at Port Orange.  This agreement provides for funding for the south section of Yorktowne Blvd.  These funds have been held as a deposit in the Transportation Capital Project fund (#306).  The attached resolution appropriates budgets, revenues, and expenditures for the south section of the Yorktowne Blvd. project.  Staff recommends approval.


Item 13 -    Water and Sewer Energy Charges Discussion


Attached to this agenda form is Staff’s analysis related to energy usage charges for water, sewer, and reclaimed water.  It should be noted the analysis determines an increase of 1 cent per thousand gallons for water, decrease by 1 cent per thousand gallons for sewer, and the amount remains the same per thousand gallons for reclaimed water.  Implementing this rate change provides an estimated net increase in total City receipts of less than $100 over the next six months.  Because of this minimal change, Staff recommends we maintain rates at the current level.

Should you have any questions pertaining to the attached analysis, John Shelley will be available to respond to any inquiries. 

City Council discussion regarding energy fees for water, sewer, and reclaimed water services.

City Manager Comments: The Ordinance requires the City Council to review the energy charges every six months.   John has recommended that we not change the rate resolution since the charges are not material.

Although the changes are minimal in order to maintain the integrity of the charges, it is important that the energy charges be reflected correctly on the Utility Bill.


Item 14 -        First Reading – Ordinance No. 2012-1 – Ordinance Approving the 6th Amendment to the Master Development Agreement for the Port Orange Gateway Center Planned Commercial Development Case no. 11-40000002


At its December 15, 2011 meeting, the Planning Commission recommended approval of the request (7-0) to approve the 6th Amendment to the MDA and CDP. The Gateway Center shopping center is located on the northeast corner of the intersection of Dunlawton Ave. and I-95. If the 6th Amendment is approved, it  will provide the regulatory framework to create an outparcel lot in front of the existing Lowe’s and establish development requirements for the proposed new lot and the current Lowe’s lot. The staff report is attached for more information.

Staff recommends approval of Ordinance No. 2012-1 approving the 6th Amendment to the Master Development Agreement (MDA) and Conceptual Development Plan (CDP) dated January 11, 2011 as recommended by the Planning Commission. John has recommended that we not change the rate resolution since the charges are not material.


CASE NO. 11-80000011


The Altamira (Four Lanes, LLC) and Dunlawton Yorktowne (Dunlawton Yorktowne, LLC) properties are located on the east side of Dunlawton Avenue, between Taylor Branch Road and Yorktowne Boulevard.  The proposed development of these properties consists of 336,000 SF of retail/office along with associated site improvements.  The 336,000 SF includes the proposed Altamira project (205,000 SF) currently under review and development capacity for the Dunlawton Yorktowne property (131,000 SF). The traffic impact analysis completed by Lassiter Transportation Group, Inc., projects impacts to the Dunlawton Avenue/Clyde Morris Boulevard intersection, the I-95 interchange area, the Summertrees Road extension, and the Yorktowne Boulevard extension upon build-out of the sites. 


Upon completion of the Yorktowne Boulevard improvements the the City shall cost participate with the property owners in the construction of the Yorktowne Boulevard extension project. The maximum amount the City will put toward the project is $2,400,000 plus credits for fair share fees and transportation impacts fees and other certain contributions.


Funding # 301-4300-451.63-97, 312-4300-541.63-97, and 412-1800-541.63-97


Staff recommends Council approve Concurrency and Fair Share Agreement and the Public Improvement Agreement.


City Manager Comments:  The City Council scheduled this item for the 24th.  This is the concurrency agreement and the public improvement agreement.  It establishes a fixed cash figure for the City’s fair share contribution toward the construction of the road.  It calculates the fair share contribution by the developer, impact and capacity credits.  Any residual amount that is not covered by the developers proportionate share contribution and the City’s contribution would be paid for by the developer.  The developer could apply to the City to recover those costs through a capital recovery agreement.  When Summertrees was constructed, D.R. Horton paid the entire amount for the Summertrees.  They received impact fee credits.  As fair share payments are received from other developments that impact Summertrees extension, D.R. Horton is receiving a payment through a capital recovery agreement. 


There are two components of the transaction, land and road construction. 


Your ordinance requires two appraisals.  The developer has provided one appraisal and the City had an appraisal.  The Ordinance provides a mechanism for reconciling when the two appraisals diverge.  The Ordinance provides that you can average the two appraisals.  In the case of the two appraisals, their values are substantially different.  Southern Appraisal is the firm used by the developer.  Southern is a reputable firm and is on the State approved list of appraisals.  The City’s appraisal is Hamilton.  Hamilton is a reputable appraiser and is also on the State list of approved appraisers.  How is the right of way being accounted for?  The City has made it clear from the outset that the funding for the right of way in the following manner:


·         Developer would contribute their proportionate share of the right of way.  There was a time when the City could require the donation of the rights of way for the road and its construction.  However, with the introduction of proportionate fair share payments by the Florida Legislature, cities can only require the developer to pay his share of the cost associated with the project. 

·         Transportation Impact Fee Credits.  The developer is eligible to receive impact fee credits against the cost associated with Yorktowne

·         The City’s share would come from the following sources:

o   Capacity credits on Dunlawton Avenue.  Some years ago, the City made improvements to Dunlawton Avenue to increase the capacity of the roadway.  The City has retired the notes that were used to pay for the capacity improvements on Dunlawton Avenue. 

o   Land that would remain on the Crosby tract after the right of way is removed would be transferred to the private sector.  Initially, we had talked with them about the Crosby property being available to retention, entry signage feature, etc.  The partnership determined that its best use was for commercial development.  That means after the land needed for Yorktowne is removed from the parcel the private sector would receive the land and it would go back on the tax roll. 


The difference between the value of the land and each of these components could potentially be recovered through a capital recovery agreement that would be charged on future development whose transportation impact study showed that it impacted Yorktowne Boulevard.  This is the same thing that is happening on Summertrees right now.  It would be based upon the trip generation.  The City


The City’s project participation based upon traffic generation studies.  The studies as provided by Sans Lassiter were reviewed by our internal staff.  The studies indicate that the trips generated by the development account for 15.9% of the trips while the existing trips on the road will account for 84.1% of the trips.  Because of the number of trips that use this segment of Taylor each day going to and from Spruce Creek High School as well as the trips that are currently using the Taylor Branch are all assigned to the City. 


The construction estimates have been reviewed by Bobby Ball.  Bobby was retained by the City while our Community Development staff was without engineers.  Bobby has stated that the costs are reasonable.  The estimates have been signed and sealed by a professional engineer.  Based upon the review of the cost by Bobby and the signed and sealed estimate by a P.E., the cost estimates are reasonable. 


From the outset of the project, the City has stated that it would not commit more than $2.4 million in cash toward the actual physical construction of Yorktowne.  The elements that have been discussed on this project for years have been:



Yorktowne has been in the City’s long range transportation plan since the 1990’s.  At one point, Yorktowne was in the County Transportation Plan as well, meaning that the road would be eligible for County Impact credits.  The southern segment of Yorktowne was removed from the County Transportation Plan a few years ago with City Council support.  It had something to do with the radius of the curve and speed. 


What will be constructed?  The DRI funds and the cash from the DRI are being used for four segments. 



In summary, Yorktowne extension has been on the City’s transportation plan for a number of years.  The developer is being required to pay their proportionate fair share toward the right of way and toward the construction of the road.  The City’s contribution for construction and right of way are capacity credits on Dunlawton; residual Crosby land which will go back on the tax rolls; impact fee credits that the Developer is entitled to under our Transportation Impact Fee Ordinance; DRI funds from the Pavilion for Yorktowne Improvements, Dunlawton improvements, and Taylor Branch Improvements; Gasoline Tax and Impact Fee funds that have been set aside for Yorktowne and have been carried over from year to year.  The developer would be eligible to recover any funds that they may contribute above their fair share amount and the City’s contribution through a capital recovery agreement.


L.    PARKS AND RECREATION (Susan Lovallo)


Item 16 –    Resolution No. 12-4 – Approval of Interlocal Agreement with City of South Daytona to waive non-resident fees for select leagues participating in Babe Ruth Baseball and Softball


The City of Port Orange does not have the required 90 foot base field sizes necessary to accommodate the older age groups in Babe Ruth Leagues and will require the use of fields located in South Daytona. Therefore, we are requesting an interlocal agreement that would allow waivers of non-resident fees for select leagues participating in the Babe Ruth Baseball and Softball programs.  The City of South Daytona will waive all non-resident fees for Port Orange Residents of Boys Baseball ages 13 -15 and in turn the City of Port Orange will waive all non-resident fees for the City of South Daytona for Girls Softball ages 16 and under. 

Staff recommends approval of the Interlocal agreement between the City of Port Orange and the City of South Daytona allowing for waiver of non-resident fees for select leagues participating in Babe Ruth Baseball and Softball and to approve Resolution No. 12-4.

City Manager Comments: Port Orange has worked with the City of South Daytona rated to providing for the Port Orange youth who want to play in the South Daytona program and those South Daytona youth who want to play in the Port Orange program.  South Daytona has the large dimension field it will provide a venue for our youth to play on the full size field.  The deficiency that South Daytona has is smaller fields that can accommodate fast pitch softball.  This will allow their girls a venue to play fast pitch softball. 

M.   PUBLIC WORKS (Warren Pike)


Item 17 -        First Reading – Ordinance No. 2012-2 - Acceptance of Veolia ES Request to Terminate Non-Exclusive Roll-Off Franchise


Revised Letter from Veolia


Effective October 1, 2011, Veolia ES Solid Waste Southeast Inc. was awarded a Non-Exclusive Franchise Agreement for roll-off container service in the City of Port Orange.  Veolia ES has since decided to pull their services out of North America entirely and they have submitted a letter requesting the franchise agreement be terminated effective February 4, 2012. 

Staff recommends approval of Ordinance No. 2012-2 and Veolia’s request to terminate the Non-Exclusive Roll-Off Franchise Agreement, Ordinance #2011-30, effective February 4, 2012.

City Manager Comments: As you know, Veolia is moving out of Volusia County and eventually out of North America.  They have requested that their non-exclusive franchise for roll off container services be terminated with the City of Port Orange. 

Second Reading: February 7, 2012.

N.   PUBLIC SAFETY (Jerry Monahan)


Item 18-         Crime Report


The Port Orange Police Department will present a report which details criminal activity in the last quarter.




Item 19 -        Authorization to issue a Request for Proposals (RFP) for sale or exchange of property in the Riverwalk Project Area – RFP #12-2 (continued from January 17, 2012)


To facilitate redevelopment in Town Center, staff has prepared a Request for Proposals (RFP) for the sale or exchange of select City & CRA lands within the Riverwalk Area of Port Orange Town Center.  The properties subject to this RFP are identified on the attached map.  This map also depicts the lands sought by the City & CRA to complete the land assembly for the Riverwalk Park.  


Since RFP#12-2 addresses both CRA and City-owned property, both bodies must approve issuance of the RFP.  Pending these approvals, RFP #12-2 will formally be issued and advertised pursuant to Florida Statutes.


Staff recommends approval to issue RFP#12-2, and to designate the Town Center CRA members as the Proposal Evaluation Committee.


City Manager Comments: The Town Center Community Development Agency met on Tuesday, January 10, 2012.  They have reviewed the Request for Proposals and have recommended that the RFP be advertised.  This is a land transaction, not a request for development proposals.  The RFP provides for the sale of City and CRA property or to swap properties with the private sector in order to achieve CRA and City Council objectives in the Riverwalk District of the Town Center CRA.  The Town Center CRA decided that they wanted to act as the evaluation committee.  That change has been made to the RFP.  IF you have questions, please feel free to contact Donna, Wayne or me.




Item 20 -        Comments/Concerns from Council Members


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


Item 21 -        City Council Committee Reports


At this time, Council Members may report on various committees to which they have been assigned.