To:                   Mayor Allen Green

                        Vice Mayor Mary S. Martin

            Councilman Dennis Kennedy

                        Councilman Robert Pohlmann

            Councilman George Steindoerfer


From:              Kenneth W. Parker, City Manager


Subject:          Agenda Commentary for Regular City Council Meeting of May 24, 2005


Date:               May 19, 2005





Item 4  -          Audit Report    Part II   Part III


At this time, representatives of Brent Millikan & Co. will present the City’s audit report.





Item 5 -           Project Managers’ Report


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




Item 6 -           Bid Award – Construction Services Contract – Garnsey Water Treatment Plant Sludge Processing Rehabilitation



This project calls for the entire replacement of the major components associated with lime sludge thickening and disposal utilized at the Garnsey Water Treatment Plant. 


As background, lime sludge is a by-product of the water treatment plant.  The processing equipment consists of thickening tanks, sludge pumps, vacuum pumps, and vacuum filters, all of which were originally installed in 1987.  Some components were replaced or refurbished in 1995. However, no mechanical or electrical work occurred with the sludge processing equipment during the plant expansion of 2000.  In house refurbishment extended the life of the various components.  Nonetheless, the equipment has now reached the extent of its useful life. 


Two firms submitted bids on May 10, 2005, and the apparent low bidder was Interstate Engineering Corporation at a cost of $1,323,000.00.  Subsequent evaluation of the bids conducted by the City’s Engineering Consultant, Quentin L. Hampton, found Interstate’s bid prices to be fair and consistent within current industry standards.  In addition, references for previous projects were contacted to confirm the contractor’s ability to perform the specified work. As such, City staff has found Interstate Engineering to be the most responsive, responsible, low bidder.   


Funding for this project is available from the account entitled WWP003 Water Plant Improvements.  Therefore, we are requesting that Council award a contract to Interstate Engineering in the amount of $1,323,000.00.     


Staff recommends that Council approve award of a contract to the firm of Interstate Engineering Corporation for Bid B05-12 Garnsey Water Treatment Plant Sludge Processing Rehabilitation, in an amount of $1,323,000.00, and authorize the Mayor and City Manager to execute the associated contract documents.


Item 7 – Bid Award – Ocean and Orange Avenue Drainage Improvements


Staff advertised and received two bid submittals for the Ocean and Orange Avenue drainage improvements project.  This project will alleviate flooding in the intersection and includes the installation of drainage inlets and pipe in order to provide for a hydraulic connection to the Dougherty Canal.  As shown on the Bid Summary attached, Hazen Construction is low bid vendor with a bid submittal of $74,991.  Funds are available in Account No. 00143005416300, Project No. DIP028.  Staff recommends awarding the bid to Hazen Construction for a total cost not to exceed $74,991.




Item 8 -           Purchase – Hybrid Vehicles


Some months ago, the City Council asked staff to look at ways to lower the City’s fuel bills.  The City has looked at hybrid vehicles to determine their potential to save fuel and lower operational cost.  The City does not have much experience with hybrid vehicles nor do many cities.  Hybrid vehicles have improved tremendously over the years.  By purchasing three hybrid vehicles, staff will be able to evaluate first hand the benefits and deficiencies with respect to fuel savings, maintenance costs, and durability compared to regular fuel burning vehicles.  We have selected  three SUV’s that are due to be replaced to be our test area.  Two of them are in Public Safety  and one is a administrative vehicle.  This will give us a good indication on at least two types of hybrids.  I would like to test these vehicles before we begin a wholesale change out of the fleet.  Within the next 18 months, there will be a large number of hybrid and alternative fuel vehicles available, including trucks.  The more information we have and more experience our vehicle maintenance staff has with hybrids, the better our decisions. 


Staff requests approval to purchase the vehicles from the State contracts in order to buy the vehicles at the lowest cost possible.  The total purchase price for the three vehicles will not exceed $75,803.  Funds are available in the Fleet finance Account (surplus) 50510005806400. 


Item 9 -           Monthly Development Activity Report and the Building Activity Report for March and April, 2005


Attached are the Monthly Development Activity Reports and the Building Activity Report for March and April, 2005.  Staff recommends that Council accept the reports as presented.


Item 10 -        Change Order No. 2 – Ponce Inlet Master Pump Station Contract with McMahan Construction, Inc.



McMahan Construction Company Inc. has been working at the Reclaimed Water Plant and other Master Pump Stations within our system for several months under their existing contract.  During the course of their work it was determined that the air conditioning unit at the Airport Road Pump Station experienced a failure and needed replacement.  In addition, control wire loop isolators at our Reclaimed Water Plant and Airport Road Pump Station were required in order that our high-service reclaimed water pumps at each location could be more reliably controlled and continuously monitored from our Reclaimed Water Plant control room.


All of this work was competitively priced and negotiated with our on-site contractor, McMahan Construction.  Since they were currently mobilized and working on-site, and this necessary work was needed immediately in order to insure continued reliability of our reclaimed water system the work was authorized and completed.  We have confirmed that the prices quoted were fair and reasonable for the type and amount of work involved.



We request your approval of Change Order #2, in an amount not to exceed $21,415, making the new contract amount $674,828. The contractor for the performance of this additional work has requested no additional contract time.  Funds are currently available in the R & R Lift Station Project #SLS002 and our Operating Budget Account #40106005364610.


Staff recommends that Council approve Change Order #2 to the Ponce Inlet Master Pump Station Project contract with McMahan Construction in an amount not to exceed $21,415, and to authorize the Mayor and City Manager to sign and execute all required contract documents.


Item 11 -        Approval of Fleet Maintenance Services Agreement


The Cities of New Smyrna Beach and Edgewater would like to contract with the City of Port Orange for fleet repair service work.  Under this agreement, Port Orange agrees to provide all supervision, labor, tools, equipment, parts, and supplies required to do repair work on Fire Department and golf course vehicles and equipment in exchange for compensation as stated on page 6 of the agreement (see attached).  All repair work will be done at the Port Orange Fleet Maintenance Facility on Virginia Avenue.  Staff recommends that Council approve the Fleet Maintenance Services Agreement.


Item 12 -        Request to Hold Public Hearing on Pioneer CDD


Florida Statutes authorize a public hearing to be held in the locality where a Community Development District is being created under the authority of the State of Florida.  The Pioneer CDD exceeds 1,000 acres and, therefore, the Governor and Cabinet, acting in their capacity as the Florida Land and Water Adjudicatory Commission has the authority to create CDD.  The purpose of the public hearing is to allow local input, including the City and County, into the creation of the CDD.  Comments made during the public meeting will be forwarded to the State of Florida for consideration by the Florida Land and Water Adjudicatory Commission.


Staff recommends that Council authorize the City to notify the State of Florida of the City Council’s desire to hold a public hearing in the City of Port Orange on the creation of the Pioneer Community Development District



Item 13 -        Minor Special Event Request – Marko’s Steak and Seafood


This is a Minor Special Event request from Kevin O’Leary, General Manager of Marko’s Steak and Seafood, located at 5420 S. Ridgewood Avenue.  The proposed date for the event is July 11, 2005, from 9:00 a.m. until 7:00 p.m.  As outlined in the attached letter, TAPS Enterprises will be conducting a tool sale inside Marko’s in the Remington Room.  There will be two (2) tractor-trailers parked in the parking lot that will contain the merchandise.  No food or beverages will be sold outside of the restaurant.  Restroom facilities in the restaurant will be available and open to the public.  No additional signage is requested.


The Community Development, Police, and Fire Departments have reviewed the subject proposal.  Comments from these departments are included in the following conditions.  This is the first requested special event for Marko’s Steak and Seafood in 2005.  There were no apparent code violations in the event area at the time of pre-inspection.


Staff recommends that the surety bond fee be waived.  The site is kept in good order with no apparent trash or debris problems.  Staff recommends approval for the Minor Special Event request from Marko’s Steak and Seafood, subject to the conditions outlined in the staff memo.


Item 14 -        Minor Special Event Request – Wal-Mart SuperCenter


This is a request for a Minor Special Event request from Pierce Promotions for Wal-Mart SuperCenter, 1590 Dunlawton Avenue.  The proposed date for the event is Saturday, July 2, 2005.  The proposed times for the event are from 11:00 a.m. until 5:00 p.m.  As shown on the attached sketch, the event area will be held in the parking lot in front of the grocery entrance to the store.  As shown on the attached sketch, there will be three (3) self-contained trailers that are proposed for a 100’ x 70’ area.  There will also be a 10’ x 10’ pop-up tent in this area.  Simulators and Nascar-themed games are included in the trailers.


The Community Development, Police, and Fire Departments have reviewed the subject proposal.  Comments from these departments are included in the following conditions.  This is the second requested Special Event for Wal-Mart in 2005.  If the Council approves this event, a total of two (2) special event days will be used.  There were no apparent code violations in the event area at the time of pre-inspection.


Staff recommends that the surety bond fee be waived.  The site is kept in good order with no apparent trash or debris problems.   Staff recommends approval for the Minor Special Event request from Wal-Mart Supercenter, subject to the conditions outlined in the staff memo.






Item 15 -        Second Reading – Ordinance No. 2004-34 – Small Scale Future Land Use Map Amendment – Port Orange Landings, LLC (Tabled February 15, 2005)


This item has been continued until August 16, 2005.





Item 16 -        Monthly Financial Report


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





Item 17 -        Second Reading – Ordinance No. 2005-17 – Rezoning – From A (Agricultural) to R-10SF (Single Family Residential) – North Side of Renner Road, West of Spruce Creek Road


We recommend approval.





Item 18-         Second Reading - Ordinance No. 2005-12 - Transportation Impact Fee (Continued to Date Certain of May 24, 2005)


The Transportation Impact Fee was set for a date certain.  The date was originally, May 17, but because of problems in coordination of the consultant to be present, the date was rescheduled to May 24.  This is the original ordinance that was introduced to the City Council.  The City Attorney had made some revisions to the original ordinance.  Rather than going through an amendment process, I would request that 2005-12 be withdrawn and not acted upon.



Item 19 -        First Reading - Ordinance No. 2005-21 - Transportation Impact Fee


This is the Transportation Impact Fee Ordinance that is ready for City Council action.  The section that the City Attorney needed to remove has been removed.  The consultant will be present on Tuesday evening.  There were questions raised at the last meeting.  The first question raised was about the 40% factor that is included in the study.  This represents the percentage of streets on the system that are city streets.  The study excludes state, interstate, and county roads from the calculation.  The second question raised was the trip length.  As you will recall, the consultant stated that they used the trip length that was included in the County’s Ordinance.  It was his professional opinion that the trip length would not vary tremendously.  The third question raised was about the language used in the study.  Port Orange, New Smyrna Beach and Edgewater used the same consultant to conduct the study.  The same methodology was used.  Similar data sets were used in determining the fee structure.  I pointed out that I would have been surprised if the reports were not similar and in many places the same because we all used the same consultant.


This Ordinance is ready for first reading.  Second Reading would occur in June21, 2005. 


City Manager’s Comments:  We have pricing from a consultant to do the trip length study.  I think it is good that we verify the trip length to make sure that the factor used for that category is correct.  Be aware that the cost of conducting a specific trip length study could amount to as much as $50,000.  Attached are memorandums from the consultants concerning the pricing of the trip length study.  Does the Council desire for the staff to continue to pursue having a verification study on the trip length?


Item 20 -        Request for City to Assume Maintenance and Control of Private Streets (Poplar Grove Drive and Clover Bend Drive)


Staff has received a second request from residents in Riverwood Plantation to have the City assume maintenance and control of two private streets, Poplar Grove Drive and Clover Bend Drive.  The first request was received in October, 2000.  These streets remained private because of a reduced right-of-way dimension granted by the City, thereby allowing the developer to build closer to the roadway.  Lots along Poplar Grove and Clover Bend were constructed with a 30 foot right-of-way and a 20 foot setback as opposed to the City requirements of a 50 foot right-of-way with a 30 foot setback.  Although the roadways themselves were constructed to City standards, staff recommends denial of this request due to legal ramifications associated with the non-conforming lots and in light of other denied requests based on similar circumstances (right-of-way requirements).  Copies of request letters and responses from the City staff are attached for your review.


Staff recommends that Council deny the request to have the City assume maintenance and control of private streets, Poplar Grove and Clover Bend, in Riverwood Plantation. 



Item 21 -        Presentation on Cambridge Basin


Included in the Council packet is a report from Quentin L. Hampton Associates, Inc., regarding the Cambridge Basin project.





Item 22 -        Second Reading – Ordinance No. 2005-18 – Calling for a General Obligation Bond Election


We recommend approval.





Item 23 -        Comments/Concerns from Council Members


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


Item 24 -        City Council Committee Reports


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






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