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

                        March 6, 2012


Date:               February 29, 2012



At 5:30 p.m. there will be a workshop meeting.  The Actuary for the General Pension Plan will be present to discuss the Plan, the Plan Return, the outlook for the Plan, and funding requirements. 




Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call




Item 4 -           Port Orange/South Daytona Chamber of Commerce Quarterly Report


The Port Orange-South Daytona Chamber of Commerce will provide their quarterly report.


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




Item 5-            Approval of Minutes


a.    February 21, 2012 – Special City Council Meeting (Public Safety Workshop)

b.    February 21, 2012 – Regular City Council Meeting


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


Item 6 -           Project Update/Parks & Recreation


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


Item 7 -           Construction Activity Report


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


Item 8 -           First Amendment to the Public Improvements Agreement for the Altamira & Dunlawton-Yorktowne Property


The Developers (Four Lanes, LLC and Dunlawton Yorktown, LLC) are requesting the legal description attached to the Public Improvements Agreement (PIA) approved on February 1, 2012 be amended to be consistent with the approved Altamira Shopping Village Master Development Agreement (MDA).

The legal description attached to the approved PIA included all of the property owned by Four Lanes, LLC and Dunlawton Yorktown, LLC.  As a result, the PIA created an inadvertent conflict with the phasing permitted in the MDA on portions of the developers' property inconsistent with the MDA. The revised legal description will address the inconsistency between the MDA and PIA.

Staff recommends approval to amend the legal description for the approved Public Improvements Agreement for the Altamira and Dunlawton-Yorktowne Properties.

City Manager Comments: The City Council approved the Public Improvements Agreement with Altamira and Dunlawton-Yorktowne Project in early February.  This proposed amendment simply changes the legal description so that the MDA and PIA are consistent with each other. 

Item 9 -           Validation of Emergency Change Order for Odor Control Unit Refurbishment at Wastewater/Reclaimed Facility


On January 24, 2012, City Council approved the replacement of carbon filter media for the odor control unit at the wastewater plant facility in the amount of $114,710.   

At the time in which the existing carbon media was being removed, it was discovered that the fiberglass support structure within the odor control vessel had collapsed.  It has been determined the resin covering the support system had weakened over time thus exposing the fiberglass supports to hydrogen sulfide gas which converts to highly corrosive sulfuric acid, thus causing the deterioration to the support system.

In order to correct the problem, the vendor proposed two options for consideration.  The first option was to replace the carbon support system within the vessel at a cost of $22,350.  The second alternative was to replace the entire vessel at a cost of $63,350.  A vessel’s normal useful life is approximately 40 years  Because the vessel at the wastewater plant is only 13 years old and remains structurally sound, is was determined the best option would be to replace the internal fiberglass support structure. Furthermore the turnaround time to replace the support structure is two weeks in comparison to 12-14 weeks for a new vessel.     

In order to return the odor control unit to operation as quickly as possible, an emergency change order in the amount of $22,350 was authorized on February 24, 2012.  Funding for the change order was accomplished through available funds in account number 401-0400-535-6397.

Staff respectfully recommends validation of the emergency change order in the amount of $22,350, and to authorize the Mayor and City Manager to execute any contract documents, as required.

City Manager Comments: Recently, the City Council approved the replacement of the carbon filter media at the Reclaimed Water Treatment Plant.  This media is part of the odor control at the plant.  When the media was being removed, it was discovered that the fiberglass support structure within the odor control vessel had collapsed.  The options were evaluated and it was determined that the best option was to replace the carbon support system at a cost of $22,350.  Because of the emergency nature of getting the odor control back into operation, I authorized them to move forward with the support system and placed the purchase order on the next available agenda for validation of the purchase order.

Item 10 -        Final Change Order #1 to Existing Contract with Miller Pipeline Corp. for Sanitary Sewer System Rehabilitation Work


Miller Pipeline Corp., working closely with our Field Operations Division has recently completed all of the required sewer lining work within Sewer System Areas;  Area # 5 - Portona / Charles Street, Area #19 - Beacon Woods, and Area #24 - Summertrees / Taylor Woods. These sewer collection areas are some of our oldest systems, constructed of clay pipe approx. 30 years ago. Actual final field quantities and measurements have now been completed and tabulated by city staff and a slight cost overrun has occurred.

This work successfully accomplished in the past several months included approximately   13,746  linear feet of sewer pipe lining, and the cutting out and grouting of 183 sewer lateral connections. Our Field Operations Division continues to update our utility maps and repair and replace manholes and sewer lateral clean-outs as they are encountered as they work jointly with the contractor. City crews also vigorously clean pipes and manholes, video tape sewer lines, and inspect many miles of sewer lines with our video camera equipment.  They also periodically inspect over 6,000 existing sanitary manholes system-wide. The constant process of having these sewer systems rehabilitated or replaced is a major undertaking.

This recently completed pipe relining endeavor will help to avoid the need for significant amounts of expensive sewer system and street reconstruction in the future. This work was completed without any major difficulties reported or any disruption of service in any of these neighborhoods.  The actual measured quantities of pipe actually lined and laterals reconnected have now been properly adjusted which accounted for this slight overage of costs. Note: This minor additive change order is approximately 6% over our originally estimated dollar amount.

We request your approval at this time to approve Final Change Order #1 in the amount of $20,990 to Miller Pipeline Corp. for their sanitary sewer system rehabilitation efforts noted above. The necessary funds were recently transferred into the appropriate capital account from the cost savings achieved within the Nixon Lane Project, in order to fund these additional costs for final payment.  Funds are therefore currently available to make this final payment out of Sewer System Rehabilitation Project # URH001, Account # 42104015356397 at this time.

Item 11 -        Change Order #1 to our Sanitary Sewer Rehabilitation (Piggyback) Contract with Danus Utilities, Inc.


Danus Utilities Inc. continues to work jointly with us to successfully complete sewer rehabilitation work in many areas of our sewer collection system.  We have recently identified 3 pump stations which will need specialty rehab efforts which Danus can provide assistance under our existing contract.  We also continue to find sanitary manholes within our vast sanitary sewer collection system which require assistance in specialty concrete rehabilitation. City staff and Danus are currently in the process of planning the work efforts specifically on the:  Cypress Head I - #3, Harbor Pont - # 26, and Lamplighter - # 41 Lift Stations.


These three pump stations will have the net effect of almost exhausting the originally budgeted contract sum of $50,000 under the existing Danus contract. We would like to continue to utilize Danus under their existing contract with us for other specialty work items involving sanitary manholes and wetwell rehabilitation / refurbishment throughout the remaining fiscal year,  focusing primarily in Area #2 ( Orange Avenue and Isabelle). 


Danus has established a good working relationship with us over the past several years, performs well, is very reliable, knowledgeable, and is very easy to work with.  They are also a local firm based out of Port Orange.  We therefore request your approval at this time to approve Change Order #1 to the contract with Danus Utilities Inc. for the rehabilitation of various manholes / wetwells in the amount of $40,000, making the revised contract amount $90,000.  


This project was approved previously in the FY 2011-2012 Capital Improvement Program.

The necessary additional funds were recently transferred into the appropriate capital account from the cost savings achieved within the Nixon Lane Project, in order to fund this requested change order. Funds are currently available in the Sewer System Rehabilitation Project #URH001, account #42104015356397 and #40304015356397. 


Staff recommends approval of Change Order #1 to our existing contract with Danus Utilities Inc. for the rehabilitation of various manholes and wetwells for the additive amount of $40,000 making the revised contract amount $90,000. 


Item 12 -        Special Exception/ABC Liquors, Inc.



Recommended approval, (6-0, Commissioner Booth excused), of the request for Special Exception to allow off-site parking for the ABC Liquor Store. If approved by Council, ABC Liquors, Inc. is proposing to subdivide the property at their existing location and sell the undeveloped portion of their property at the southeast corner of Dunlawton Ave. and Village Trail. 10 spaces on the vacant parcel will be counted towards ABC’s required parking.

Staff recommends approval of the request for a Special Exception to allow off-site parking for the ABC Liquor Store at 1198 Dunlawton Ave., as recommended by the Planning Commission.

Item 13 -        Daytona Frogman Triathlon


Tigershark Endurance Events, LLC is producing the “DAYTONA FROGMAN TRIATHLON” on April 14-15, 2012 in Daytona Beach Shores.  Tigershark Endurance Events LLC is requesting to allow cyclists participating in the event into the City of Port Orange routing cyclists over the Dunlawton Bridge and onto Riverside Drive and returning the same route to the beachside.  The total costs for the City to staff this event are $2,664.95.  The total cost includes $1,824.95 for Public Works personnel and $840.00 for Police personnel.  Tigershark Endurance Events, LLC has agreed to pay the total costs of $2,664.95.  Request and cost estimates are attached. 

The proceeds from this event will be donated to the Naval Special Warfare Foundation which supports the families of fallen or wounded Naval Special Warfare personnel.  Approval to stage this event has been given by the Volusia County Council and City of Daytona Beach Shores.  This event is sanctioned and insured through USA Triathlon.

Staff recommends approval to charge Tigershark Endurance Events, LLC for full cost recovery for the Daytona Frogman Triathlon being held on April 15, 2012.

City Manager Comments: We have worked with this group in the past.  They have been excellent to work with.  They are paying all the cost associated with the event. 

Item 14-         City Attorney’s Report


Attached is the City Attorney’s Report.  Should you have questions, please feel free to contact Margaret Roberts or me.


E.   FINANCE (John Shelley)


Item 15 –    Resolution No. 12-13 – Revising rates for residential garbage, recycling, and yard waste, energy charge, and landfill fee, thereby replacing and superseding Resolution No. 11-38


This is for discussion only.  Because it is for discussion purposes only on March 6, 2012, it will not be necessary to read the Resolution.  I think it is important that the City Council review the options and alternatives before making a final decision on rates.

Attached is the proposed Solid Waste Rate Resolution that when authorized, becomes effective April 1, 2012. Based on our new Solid Waste Contract with Waste Pro of Florida, residential rates have decreased. The attached rate resolution adopts rates that reduce the residential rates according to the new contracted rates. The existing residential rate is $18.80 and the proposed new rate is $17.40 or a reduction of $1.40 per month.

Although commercial charges have increased we are not proposing to increase commercial rates at this time.

A budget resolution shall be prepared for council consideration appropriating equity of $191,832 prior to April 1, 2012.

Should you have any questions pertaining to the attached rate resolution, John Shelley will be available to answer inquiries. 

Staff recommends approval of attached Resolution 12-13.


City Manager Comments:  Although a Resolution has been prepared, it might be good for the City Council to have a discussion before reading the Resolution since this may not be the option that you want to pursue.  The effective date of change would be April 1.  As you will recall in the staff analysis of the garbage contracts, Waste Pro’s prices for commercial customers were higher than those for submitted by the other vendor.  They were lower for residential users.  As you will recall, each vendor priced their collection of solid waste differently.  Some were more balanced while some were substantially lower on residential and much higher on commercial.  The City Council asked that staff look at the rates.  If the City Council reduces the rates for residential customers and leaves the commercial customer rates the same as they were under the previous hauler, then the City will have to appropriate $191,832 for the remainder of the year to cover the cost of providing service to the commercial customers.  There is cash equity above the 15% in the Solid Waste Fund to cover this cost.  However, the City Council will be required to look at increasing rates next year for commercial customers to cover the cost associated with commercial collection and disposal.  Previously, the City Council has stated that it desires for each component to stand on its own merits with commercial rates not subsidizing commercial rates and commercial rates not subsidizing residential rates.  What are the options available to the City Council?


1.            Leave the existing rates for residential and commercial rates where they are.  This would mean residential rates would be subsidizing commercial rates.  There would be no need to appropriate cash equity.

2.            Lower the residential rates and leave the commercial rates where they are.  This would mean the City Council would have to appropriate $191,832 from the cash equity in the Solid Waste Fund.  The City will still have above the 15% equity position in this fund.

3.            Lower the residential rates and increase the commercial rates to the Waste Pro commercial rates as proposed in their original bid.  This would not require any appropriation of equity.

4.            Balanced approach, lower the residential rates and increase the commercial rates so that they would be revenue neutral.  This would not require any appropriation of equity. 


There is one other item related to solid waste collection.  An issue has come up in Summertrees related to collection of yard waste.  Summertrees HOA (This discussion applies to the sections of Summertrees where the HOA is responsible for all the landscape and tree maintenance) has contracts with private contractors to trim their trees and do other types of landscape maintenance.  The residential units are paying through their HOA dues for the landscape maintenance.  Each residential unit is paying through their solid waste fees for the collection of yard waste.  In recognition of the fact that the residential units are paying for the yard waste collection, the HOA has negotiated a lower price since the contractor does not have to haul off the landscape materials.  Our Ordinance requires all landscape contractors to remove their own waste.  For years, the City has collected their yard waste just like we do all other residential customers in recognition of the fact that the residents are paying for yard waste collection.  If Summertrees had its own maintenance staff like some of the HOA’s, who perform these tasks, there would be no question about how we would handle the collection of yard waste.  The City would collect the yard waste.  What the Ordinance was designed to guard against was companies contracting to do the job and placing the huge piles out for the City to collect.  What Summertrees is requesting is that the City return to the methodology of collecting their yard waste as if they were doing the maintenance themselves.  This is normal yard waste, not tree removal.  It is what you expect to find in a normal residential neighborhood.  The company who does their landscape maintenance does not place their material in front of each residential unit but rather places it on common sites throughout the residential area.  This does mean that either the City or the solid waste contractor has to send a special truck out to Summertrees to collect the yard waste.  During this time of year, the solid waste provider often has to send a trash truck into residential neighborhoods to pick up the trimmings from plants and trees that residents place on the curb. 




Item 16 -        Comments/Concerns from Council Members


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