MEMORANDUM

 

 

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

                        January 30, 2007

 

Date:               January 22, 2007

 

 

A.                 OPENING

 

B.                 STATE OF CITY MESSAGE

 

Annually, the Port Orange Charter requires the Mayor to deliver a State of the City message.  On Tuesday evening, Mayor Green will deliver the message to the residents of Port Orange.  This year, POG-TV has produced a video that can be used throughout the month of February.  The video highlights accomplishments during the year.

 

C.                EASTPORT CRA MEETING

 

Eastport is meeting for the purpose of electing Chair and Vice-Chair and to approve minutes.

 

D.                JOINT ANNUAL MEETING OF PORT ORANGE PROPERTY DEVELOPMENT, INC.

E.                 JOINT ANNUAL MEETING OF CITY CENTER CORPORATE PARK PROPERTY OWNERS ASSOCIATION MEETING

F.                 ANNUAL MEETING OF THE DESIGN REVIEW BOARD

 

Items D, E, and F are organizational meetings.  The Council is the Board of Directors for each of these entities.

 

G.                CITIZEN PARTICIPATION

 

H.                 CONSENT AGENDA

 

Item 4 -           Project Managers’ Report

 

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

 

Item 5 -           Operating and Capital Budget Calendar for FY 2007-08

 

The Operating and Capital Budget Calendars are recommended for the preparation of the budget for fiscal year 2007-08.  Most of the dates are flexible but some are legislated by City Ordinance or Florida Statute.  These are noted on the respective calendars.

 

City Manager Comments:  I have received feedback of some conflicts on July 21.  This is the Saturday session for budget review.  I would suggest that we continue to hold the meeting on that date but I will work with Department Heads who have conflicts on the 21st to schedule their budget reviews with the City Council on other dates. 

 

Item 6 -           Bid Award – Landscaping Improvements State Road No. 5A, Nova Road to Concepts in Greenery

 

This project calls for the irrigation and landscaping of all the newly constructed medians associated with the Nova Road Widening project as well as tree planting around four of the retention ponds that the City acquired from FDOT that were constructed with the widening of Nova Road.  

 

Six firms submitted bids on January 9, 2007 with all bids exceeding the $500,000 budget. Commercial Landscape & Irrigation submitted the initial low bid of $641,499.00 and it appeared to be imbalanced.  Staff asked Commercial Landscape if they would be willing to uphold their bid prices for a reduced scope of services.  They subsequently responded requesting that their bid be withdrawn with no penalties incurred, and staff agreed on this course of action. 

           

The next apparent low bidder was Concepts in Greenery in the amount of $700,353.00.   Concepts in Greenery indicated their willingness to uphold their bid prices for the reduced scope. As an aside, it should be noted that a comparison of bids shows that Concepts in Greenery submitted the low bid for the overall project as well as the project with the reduced scope.

           

The overall unit prices were evaluated by both city staff and our engineering consultant, Quentin L. Hampton, and were found to be fair and representative of current industry standards based upon the site-specific characteristics. Consequently, Concepts in Greenery has been determined to be the most responsive, responsible bidder.

Funding for this project is available in account #001-1000-580-63-00.  Therefore, we are requesting that Council award a contract to Concepts in Greenery in the amount of $700,353.00. It should also be noted that a subsequent deductive change order is being requested simultaneously in order to bring the project within the budget.

 

Staff recommends that Council award Bid No. 07-023 to the firm of Concepts in Greenery, in an amount of $700,353, and to authorize the Mayor and City Manager to execute the associated contract documents. 

 

City Manager Comments:  The City staff, working with Concepts in Greenery, has prepared a change order that will bring the amount down to the budgeted amount of $500,000.  $500,000 is the amount of the grant from the FDOT.  The next item is the change order relating to this item.

 

Item 7 -           Change Order No. 1 fro Bid No. 07-023 Landscape Improvements State Road No. 5A, Nova Road, to Concepts in Greenery

 

Bids were solicited for Landscape Improvements State Road No. 5A, Nova Road.  Six (6) bids were received.  Concepts in Greenery were determined to be the most responsive, responsible apparent low bidder in the amount of $700,353.00.  Because this bid exceeded the $500,000 budget, staff asked Concepts in Greenery to uphold their bid prices for a reduced scope of work.  They responded favorably, thereby creating a deductive change order in the amount of $224,058.00.

 

In reducing the scope of the project we were able to retain all of the landscaping and irrigation for the medians as well as the two ponds adjacent to Spruce Creek Road and the other ponds that are not visible from Nova Road, on adjacent to Spruce Creek Road and the other adjacent to Miles Drive, were deducted.  The landscaping of these two ponds could be planned for future enhancements.  Attached “Exhibit A” illustrates the areas within the new scope and the two areas removed from the scope of the project.

 

Staff recommends City Council to approve this deductive change as stated.  This will make a grand total for the Landscape Improvements State Road No. 5A, Nova Road of $476,295.00.  Funding for this project is available in account #001-1000-580-63-00.  The irrigation portion of approximately $140,000 is subject to budget appropriations.

   

Item 8 -           Special Event Request – First Turn Steakhouse and Lounge

 

Mr. Rick Hilliard, owner of the First Turn Steakhouse & Lounge, located at 5236 and the adjacent lot at 5204 South Ridgewood Avenue, requests approval of a Special Event to be held during Bike Week 2007.  The proposed event is planned for a ten (10) day period from Friday, March 2, through Sunday, March 11, 2007. The proposed hours for the event are from 9:00 a.m. until 2:00 a.m., daily. 

 

Staff recommends that Council approve the Special Event request for the First Turn Steakhouse & Lounge located at 5236 & 5204 South Ridgewood Avenue, and to waive the $250 surety bond, subject to twenty-five (25) conditions outlined in the attached report.

 

Item 9 -           Special Event Request – The Last Resort Bar

 

Mr. Al Bulling, owner of The Last Resort Bar, 5812 South Ridgewood Avenue, and agent for Best Cars, 5816 Ridgewood Avenue, and the adjacent properties at 5796, 5840, and 5858 Ridgewood Avenue request approval of a Special Event to be held during Bike Week 2007. The proposed event is planned for a ten (10) day period from Friday, March 2, through Sunday, March 11, 2007. The proposed hours for the event are from 8:00 a.m. to 2:00 a.m., daily.  This will be the first Special Event for the Last Resort in 2007.

 

Staff recommends that Council approve the Special Event Request for The Last Resort Bar, 5812 South Ridgewood Avenue, Best Cars, 5816 South Ridgewood Avenue and the adjacent properties at 5796, 5840, and 5858 Ridgewood Avenue, and to waive the $250 surety bond, subject to twenty-five (25) conditions outlined in the attached staff report.

 

Item 10 -        Special Event Request – The Port Hole Lounge

 

Robert Lowery and Julie Lowe, owners of the Port Hole Lounge, located at 928 Herbert Street and the property at 956 Herbert Street (car wash and mobile home sales), are requesting approval to hold a Special Event during Bike Week 2007.  The proposed event is planned for a ten (10) day period from Friday, March 2 through Sunday, March 11, 2007.  The proposed hours for the event are from 10:00 a.m. until 11:00 p.m., daily.

 

Staff recommends that Council approve the Special Event request for the Port Hole Lounge, 928 and 956 Herbert Street, subject to twenty-four (24) conditions on the attached staff report.

 

      I.       REPORT FROM ADVISORY BOARD

 

Item 11 -        Citizen Advisory Committee for MPO

 

A representative of the Citizen Advisory Committee for the MPO will make a report to Council at this time.

 

     J.       FINANCE

 

Item 12 -        Monthly Financial Report   

 

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

 

     K.       ADMINISTRATION

 

Item 13 -        Resolution No. 07- 8 - Pistol Range Agreement and Training Facility Agreement with New Smyrna Beach

 

On September 5, 2006, the City Council authorized the City to enter into agreement with the New Smyrna Beach Police Department for use of the Pistol Range and Training Facility.  The New Smyrna Beach Police Department has advised us that the New Smyrna Beach City Council is requesting the City of Port Orange to sign the Pistol Range Agreement and the Training Facility Agreement with no modifications to their form agreement.  The City Attorney requests Council authorize the Mayor and City Manager to execute the form agreements as requested by the City of New Smyrna Beach.  The form agreement does not

include an explicit statement preserving the City’s rights to limit its liability pursuant to sovereign immunity. 

 

Staff recommends that Council approve the attached resolution authorizing the Mayor and City Manager to execute the Pistol Range and Training Facility Agreement with New Smyrna Beach Police.

 

Item 14 -        Vision Statement

 

Attached is the Vision Statement.  You were provided a copy of the materials about two weeks ago.  I provided you with an underlined copy showing the revisions made.  I would recommend approval.  Next January is when the City normally would review the Vision Statement again.  We have undertaken a Vision review in each Council cycle after the election of Mayor.

 

Item 15 -        Southeast Volusia Transportation Study

 

Earlier this year, the City of Port Orange agreed to participate in the Southeast Volusia Transportation Study.  We were one of four partners.  I am recommending authorization to pay the City’s portion of the consulting contract.  This is a regional study.  It is looking long term and assisting all of the partners in determining the inter-relationship between developments and helping determine what improvements are needed.

 

Item 16 -        Volusia Days

 

Does the City Council desire to make a $1,000 contribution to Volusia Days?  We have budgeted money should the City Council desire to participate.

 

Item 17 -        Port Orange FPL Corridor Trail Matching Funds

 

At the request of the City of Port Orange, the Volusia County Metropolitan Planning Organization (MPO) paid for a consultant to prepare a feasibility study for the Port Orange Florida Power & Light (FPL) Corridor Trail.  The study has been completed; and the estimated cost of the project is $568,618.43.  The project is eligible for Federal funds from the MPO if the City of Port Orange provides matching funds of 50% of the total project cost. The MPO requests a letter from the City of Port Orange stating that the City will provide the matching funds.  Staff is requesting Council approval to authorize the letter be submitted to the MPO.

 

     L.                COUNCIL COMMENTS

 

Item 18 -        Comments/Concerns from Council Members

 

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

 

Item 19 -        City Council Committee Reports

 

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

 

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