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

                        February 21, 2012


Date:               February 14, 2012



The workshop this evening will focus on Public Safety and Emergency Management.

It will begin at 5:30 p.m. in the City Council Chambers.




Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call




Item 1 -           Authorization to Issue a Request for Proposals (RFP) for Clearing & Under Brushing in the Riverwalk Area


At the direction of the Town Center CRA, staff has begun work on a comprehensive approach to improve the appearance of the publicly held lands in the Riverwalk area.  While all City/CRA parcels will be addressed, work is being concentrated in three (3) primary nodes along Halifax Drive.  The first node is at Dunlawton, where the chain link fencing around the retention area has recently been removed.  The second is at Herbert Street; and the third node is the former Halifax Trailer Park.  Additional lighting along Halifax Drive and at the former Trailer Park is in progress, as is repair/upgrading of the bulkhead fence at the former Halifax Trailer Park.  Increases to the CRA’s mowing contract are addressed in a separate agenda item. The clearing and under brushing in the Riverwalk Project area, pursuant to the attached specifications, will significantly improve the appearance of the area and open up views of the Halifax River.  It will also create more suitable venues for various activities and events, and increased visibility and safety for those visiting the area.  Staff recommends that a panel comprised of CRA and City staff, along with one CRA Board member, serve as the Proposal Evaluation Committee.  The bid rankings will be brought back to the CRA for final action. The funds for this clearing are proposed to come from carry forward monies from FY 2011.


                        Staff recommends authorization of the issuance of a Request for Proposals (RFP) for clearing & under brushing in the Riverwalk Project Area, as presented.


City Manager Comments: There is work that needs to be done in order to allow the City to invite people onto City owned property in the Riverwalk area.  When many of the homes were removed, the City did not grade the property.  In order for the property to be safe to use, we must do some of the clearing and leveling of the lots.  Donna has more information for you.  In the budget resolution that the City Council will consider during their meeting,  I have included the funds so that the land can be made safe for use by the general public.  Funding is from the carry over monies that remained in the General Fund from last year.


                        Item 2 -           Amendment #1 to the Agreement for Services with Tuff Turf, Inc. for Riverwalk Mowing 39x/annually


                        On June 7, 2011, the CRA authorized a contract with Tuff Turf, Inc. for lawn mowing/maintenance services in the Riverwalk area. An Agreement for Services between the CRA and Tuff Turf, Inc. was executed on August 16, 2011, and calls for a specified level of service of eighteen (18) cuts per year, at $590 per cut, for a total annual price of $10,620. To raise the level of service to thirty-nine (39) cuts per year, the CRA’s mowing expense will increase to $23,010. The current per-cut fee of $590 for all parcels remains constant. A breakdown of price by parcel is attached for reference. Funding for mowing will come from account #10310005803420, which will be increased to cover the additional expense with CRA carry-forward funds.


                        Staff recommends approval of Amendment No. 1 to the Agreement for Services with Tuff Turf, Inc. dated August 16, 2011, to increase the mowing frequency to 39 cuts annually at a price not to exceed $23,010, and to authorize the Chairman and City Manager to execute all documents for this purpose.


City Manager Comments:  Once the property is level and can be maintained, we are proposing to maintain the area at the same maintenance frequency as we do some of our park areas that are mowed by a contractor.  This is the same frequency that is being proposed for the medians on Ridgewood.  Currently, the City is treating the lots as undeveloped lots and mowing a strip of land along the right of way.  The CRA and City Council indicated that you wanted it maintained to a park standard.  The funds for the increase mow is in the Budget Resolution that will be before the City Council.  The funding will be from last year’s carry over funds. 




Item 4 -           Board Appointments


a.    Parks & Recreation Advisory Board


                        Terms for four members of the Parks & Recreation Board will expire on February 15, 2012. Mark Bowling, John Cameron, and Bud Harden have all requested to be reappointed for another term.

                        Jose Rosa is unable to serve another term. Applications for a replacement are attached for Sean Maroney, Aime Bischoff, Maria Mills-Benat, Larry Kelly, and Mike Young.


b.    Construction Regulation Board


Terms for two members of the Construction Regulation Board will expire on February 15, 2012. Brad Blais and Tim Thompson have requested to be reappointed for another term. This leaves one position still unfilled.

Staff recommends Mr. Blais and Mr. Thompson be reappointed by Council.


c.    Code Enforcement Board


Terms for three members of the Code Enforcement Board will expire on April 5, 2012. Robert Troup, Scott Decker, and Richard Spitz have all requested to be reappointed for another term.

Staff recommends the reappointments be made by Council.




Item 5 -           Pastor’s Prayer Gathering


In May of each year, the National Day of Prayer is held throughout the United States.  It is held at various locations throughout the County.  I received an email about allowing the organization to use the amphitheater at a reduced cost.  Under the Ordinance and rate resolution, I do not have that authority.  There have been a number of occasions where the City has had requests for a waiver or a reduced fee for use of the amphitheater.  Each time, the City Council has stated that individuals must pay the fee.  Although I plan to attend the event, I must recommend to the City Council that it remain consistent and require the payment for the use of the facility.


There will be a representative present on Tuesday night to make a presentation and request.


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




Item 6 -           Approval of Minutes


a.    February 7, 2012 – Budget Workshop relating to Carry Forwards

b.    February 2, 2012 – Regular City Council Meeting


Attached are the City Council meeting minutes from the meetings held on Tuesday, February 7, 2012. Should you have questions, please feel free to contact Robin or me.


Item 7 -           Staff Reports


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


Item 8 -           Selection of Contractor for the Construction of the Russell Property Floating Dock and ADA Ramp System – Bid No. 12-05


Four bids were received to construct the Russell Floating Dock and ADA Ramp System in response to the Bid 12-05.  The results were: Saboungi Construction: $ 118,995.00 (low bidder), A.G. Pifer Construction $ 144,439.00, D&L Contracting: $ 231,564.17, and Worth Contracting: $244,631.00.  The engineer’s estimate was $198,800.00.


The City has reviewed Saboungi’s past work history and subcontractors and believes they have the capabilities to complete the project within the contract’s 90-day limitation.


Funding is available in Parks and Recreation’s account number: 315-5100-572-6397 (Project #QPC036).  The City secured a $100,000 grant from the Florida Inland Navigational District (FIND) to construct the launch and ramp system on the Russell property.  This facility is a requirement under the Florida Communities Trust grant that assisted in the acquisition of the 17-acre Russell property.  Located on Spruce Creek, the Russell Landing facility is part of Volusia County’s established Spruce Creek Blue Ways Trail.  The creek is also an Outstanding Florida Water and a Florida Canoe Trail. 


Staff recommends selection of Saboungi Construction, Inc. as the lowest and best bidder for the construction of the Russell Property Floating Dock and ADA Ramp System, Project Bid #12-05, subject to the preparation and delivery of the legally approved contract and authorization the Mayor and City Manager to sign and execute all required contract documents.


Item 9 -           Restatement and Amendment of Dredging & Marine Consultants Professional Services Contract pursuant to R.F.S.Q. #08-02


Because Dredging & Marine Consultants (DMC) designed and permitted the Russell Property Floating Dock and ADA Ramp System, it is in the best interest of the City to amend DMC’s R.F.S.Q # 08-02 Professional Services contract.  This amendment would augment their services to provide contract administration, bidding services, contract preparation, and inspection services for the construction of the Russell Property dock and ramp in the amount of $30,700.00.

Funding is available in Parks and Recreation’s account number: 315-5100-572-6397 (Project #QPC036).  The City secured a $100,000 grant from the Florida Inland Navigational District (FIND) to construct the launch and ramp system on the Russell property. 

Staff recommends approval to restate and amend Dredging & Marine Consultants’ Russell Property Floating Dock and ADA Ramp System R.F.S.Q # 08-02 Professional Services contract to include contract administration, bidding services, contract preparation, and inspection services, and authorization the Mayor and City Manager to sign and execute all required contract documents.


Item 10 -        Final Plat & Plans and Subdivision improvement Agreement/Port Orange Gateway Center Lot 6 Replat Case no. 11-50000002


Planning Commission Action: December 15, 2011

Recommend approval, 7-0, of the Final Plat and Plans for the Port Orange Gateway Center Lot 6 Replat.


The 16 +/- acre site is located at 1751 Dunlawton Ave. If approved, the replat will create two lots, one 14 +/- acres which contains the existing Lowe’s Home Center and one 2 +/- acres which is proposed to contain a multi-tenant building and one stand-alone building. The Planning Commission’s recommendation for approval was subject to resolution of the outstanding comments referenced in the attached staff report, which have now been addressed.


Staff recommends approval of the Final Plat & Plans for the Port Orange Gateway Center Lot 6 Replat, as recommended by the Planning Commission and to approve the Subdivision Improvement Agreement for the development.


Item 11 -        Proposed Changes for Landscape Contracts with Tif-Jen and Tuff Turf


In the spring of 2011, Landscape Maintenance contracts were competitively bid and awarded to Tuff Turf and Tif-Jen.  These contracts are due to expire March 31, 2012.  However, each contract had an initial term of one year with up to five additional renewals.  Staff is satisfied with the performance of each vendor.  Therefore, we propose to extend both agreements as allowed by the contract. In addition, staff proposes to increase mows on Dunlawton, US1, Nova Road, Summertrees Road extension, Central Park Blvd., Hensel Road, Spruce Creek Road, Taylor Road and Willow Run Boulevard in order to enhance the appearance of these “high visibility” areas.  The additional mows are in accordance with the terms of the contracts and each vendor agreed to honor the unit cost per mow as awarded last year. The spreadsheets and Commentary attached provide details on areas under contract and the cost associated with each.  If approved, contract renewals would be effective April 1, 2012 through March 30, 2013.  It should be noted that funding for the FY12 increase was identified and approved in Resolution 12-6 by council on February 7, 2012. The total increase to the mowing contracts is $15,897.07 as stated on the attached memo.


Staff recommends approval of the renewal of the Annual Mowing Contracts with an increase in mows on certain areas as outlined in the Commentary, in accordance with Landscape Maintenance contracts with Tuff Turf at an annual cost $209,018.92, and Tif-Jen at annual cost $197,621.00, and authorize the Mayor and City Manager to execute any contract documents, as necessary. 


City Manager Comments: It is recommended that the mowing frequency increase on the medians along Dunlawton Avenue, Ridgewood and Nova Road.  The cost of increase to add the additional mowing is $15,897.07. The funds are included in the Budget Resolution 12-6 approved by Council on February 7, 2012.


Item 12 -        Sanitary Sewer System Two (2) Manholes – Repair/Replacement and Roadway Reconstruction on Orange Avenue near Howes Street


The City’s sewer collection system is currently is comprised of over 6200 sanitary sewer manholes, ranging in depth from 4 to approximately 20 feet in depth.  During the course of monitoring, inspecting, and cleaning our sewer collection system in the area of Orange Avenue our field operations crew recently identified two sanitary manholes requiring immediate reconstruction efforts. These two sanitary manholes are showing signs of differential settlement in the roadway, as typically occurs when the integrity of the sewer system is compromised. Cracked and or separated joints at the connection to the manholes permits groundwater and soils to infiltrate the collection system.  Roadway failure generally quickly follows. Based on our recent sewer video investigation efforts and the observed roadway settlement we have determined that open excavation efforts are required to renew the integrity of the sewer system at the two manhole locations, and then to reconstruct the roadway area. These two manholes will require well-pointing, bypass pumping, and deep excavation work and special sheeting over several days. The work will also include maintenance of traffic and signage. In order to control costs, our field operations staff has identified what material, and equipment may be provided by City crews to further reduce costs.


Cost proposals were solicited and received from five local contractors who have performed this type of work for us in the past. These contractors were contacted via phone, e-mail, or fax and provided a brief description of the work so that competitive cost proposals might be submitted for evaluation. A meeting was also held on February 7 in order to answer all questions regarding the required work. Cost proposals were then received and reviewed by our engineering staff. The lowest responsive price quote of $52,440 was received from Mullins Underground Inc.  John Mullins has performed work for us successfully in the past. Based on this and our cost evaluation we would like to recommend that a work authorization be issued to Mullins Underground Inc. at this time. We are familiar with the principle of this company and are confident that this company can complete this project successfully for us in a timely manner.  We therefore request your approval at this time. 


Funds are currently available in Sewer System Rehabilitation Generic Project, # URH 001 to pay for this necessary work authorization.


Staff recommends approval of the waiver of normal bidding procedures and to approve the issuance of an Emergency Purchase Order to  Mullins Underground Inc. for the repair and replacement of two sanitary manholes in the Orange Avenue right-of-way for $52,440. 




Item 13 -        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.

H.   FINANCE (John Shelley)


Item 14 -        Resolution No. 12-9 – Budget Appropriations


February 7, 2012 the City Council conducted a workshop on carryover policy and budget items.  This Resolution includes several clean up items as well as an item discussed at the last meeting, the Skateboard Park.  It does include funds to increase the mowing frequency.  It does include funds for Riverwalk mowing and clearing.  It includes appraisal funds for items the City Council has indicated that they want to pursue.  It does include some personnel funds. It includes funds to pay the Pittman group.  The attached resolution appropriates equity and expenditures for items identified as necessary for operations.


Staff recommends approval.


City Manager Comments:  At the last City Council Meeting, the City Council discussed the funding of repairs to the Skateboard Park.  Those were included in the carry forward budget.  I have included in this resolution funds for the increase in mowing at various locations.  Also, I have included additional resources for the internal auditor.  As part of the Request for Proposals for Riverwalk, there is a requirement for appraisals of the property that will be exchanged.  I have included the funds for those appraisals.  We have received proposals from three firms to perform the appraisals.  In the budget resolution are funds for the appraisal of the Gamble property.  In the Resolution are funds for the clearing and grading of Riverwalk so that the property can be mowed and used by the public.  Robin is updating the code of ordinances and land development code more frequently in order to keep it current.  There is the need for additional money in our codification budget.  In early January, the City Council voted to continue with the Pittman Group.  The funds have always come from a carry forward budget.  In this budget resolution is an appropriation of the remaining dollars from the General Obligation Bonds.  Primarily the funds that remain come from the interest earnings.  In the bond Resolution that authorized the issuance of the 2006 Bonds, the only remaining project that has not been started or completed are the Police Firing Range and Fire Training Facility.  All this does is appropriate the funds into the General Obligation Bond account.  The Council has not authorized staff to request design proposals for this work.  There are two personnel issues in the budget request.  One is in Community Development where the salary line item is slightly out of alignment because of the PE that was hired in CD.  In Customer Service, I am requesting that you allow John to continue to utilize the services of the two part-time customer service representatives.  We will be including them in the upcoming budget.  Our volume in Customer Service has been extremely heavy. 


I look forward to discussing the budget request with you. If you have questions, please let me know.


I.      PUBLIC SAFETY (Gerald Monahan)


Item 15 -        Resolution No. 12-8 – Traffic Enforcement Agreement with Royal Palm PUD Residents’ Association, Inc.


Staff has worked with the Royal Palm PUD Residents’ Association to finalize the Traffic Enforcement Agreement that is required by Florida Statutes 316 and recommends the approval of the agreement with Royal Palm PUD Residents’ Association, Inc.


Staff recommends approval of Resolution No. 12-8 authorizing the City to enter into a Traffic Enforcement Agreement with Royal Palm PUD Residents’ Association, Inc.  and authorizing the Mayor and City Manager to execute the agreement.




Item 16 -        Discussion on joining the Let’s Move Volusia YOUth Coalition


The First Lady is calling on mayors and elected officials across the country to join her Let’s Move! Campaign.  Let’s Move Cities, Towns, and Counties engages mayors and other municipal leaders in the campaign to solve the problem of childhood obesity within a generation.  Let’s Move Cities, Towns, and Counties emphasizes the unique ability of communities to solve the challenge locally, and the critical leadership mayors and elected officials can provide to bring communities together and spur action.


Let’s Move Cities, Towns, and Counties has been very impressed with the overwhelming response by local officials eager to take action to solve the problem of childhood obesity within a generation. 


The Let’s Move Volusia’s YOUth Coalition (LMVY) is public-private partnership whose mission is to address the problem of obesity among children and adolescents within a generation by creating healthy environments for children and families through policy, systems and environmental change.


The coalition has identified three priority areas to focus on in our community to create healthy environments:

1.    Private and Public Schools

2.    Parents, Youth & Children

3.    Early Childhood


Our partners have established workgroups in each priority area to develop, leverage, and replicate best practices throughout Volusia County. LMVY is about putting children on the path to a healthy future during their earliest months and years by giving parents helpful information and fostering environments that support healthy choices.


Item 17 -        Discussion with Waste Pro regarding route changes


Waste Pro has reviewed the routes and has found some inefficiency in their routes.  I received a letter from Waste Pro requesting to make the adjustments in the routes.  Before making any changes in routes, I wanted to them to make a presentation to the City Council.  Also, I will be setting up meetings with the impacted neighborhoods.  This will give the residents an opportunity to talk with Waste Pro before the final route changes are approved and authorized. 




Item 18 -        Comments/Concerns from Council Members


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