To:                   Mayor Allen Green

Vice Mayor Mary 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 March 25, 2008                       

Date:               March 17, 2008



A.                 OPENING


Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call



B.                 CITIZEN PARTICIPATION (Agenda)


Item 4 -           Request from AMVETS Post 911 for City to Co-Sponsor Second Annual Patriots Day Freedom Walk


Attached is the request from AMVETS to use the Port Orange City Center for the Second Annual Patriots Day Freedom Walk.  Attached is the cost of the City sponsoring this activity.  Last year, the City received a private donation to pay the expenses for the AMVETS Post 911. 


The staff has been consistent in recommending fees be charged for all events held at City Center.  The City Council has accepted in lieu of payments from some groups and organizations.  For example, Port Orange Family Days/Community Trust provided speakers around the retention pond in lieu of paying a fee for use of the facility.  It was determined that their contribution was an equivalent value. 


C.                CITIZEN PARTICIPATION (Non-Agenda)

D.                CONSENT AGENDA


Item 5 -           Project Managers’ Report


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


Item 6 -           Waive Bid Procedures and Award Annual Pyrotechnical Display for July 4th to Fireworks by Santore, Inc.


For the past several years, the City has partnered with Fireworks by Santore for the July 4th Celebration.  Staff is again recommending that the Council waive the bid procedures and award the acquisition for the pyrotechnical display for the July 4th Celebration to Fireworks by Santore.


Item 7 -           Bid Award – Remodeling Port Orange YMCA


Bids were requested for the remodeling of the Port Orange YMCA facility.  Five (5) bids were received.  The lowest responsive bid was received from the firm of R. B. Marks Inc. in the amount of $206,240 for the base bid and $41,250 for Alternate No. 1 for a grand total of $247,490.  Staff and the engineering firm of Stottler Stagg & Associates, Inc., all recommend that Council award the bid to R. B. Marks Inc. for their bid as submitted in the amount of $206,240 and Alternate No. 1 in the amount of $41,250, for a grand total of $247,490.


City Manager’s Comments:  During the hurricanes of 2004, water began coming into the building.  After the hurricanes, we did some analysis of the building and determined certain repairs must be made.  The City employed a design professional to design the improvements that addressed the issues.  Recently, the roof work was completed.  This is the exterior work that is needed to make sure the building meets our needs for sheltering.  Funding is available in the Recreational Facilities Fund.  These funds are from the lease revenues from the Y and the Green Center.


Item 8 -           Bid Award – Coraci Sports Complex


Bids for the construction of Coraci Sports Park were held on Monday, March 17.  The City received seven bids.  The three lowest bids were tabulated in detail with all having minor mathematical errors.  Saboungi Construction was the lowest responsive bidder in the amount of $1,324,865.94.  Saboungi Construction has previously worked on several projects for the City; therefore, staff is recommending that Council approve and award this bid to them for that amount.  Funding for this project is budgeted in 611-5100-572-6397, Project No. QPC024.


Staff recommends that Council approve and award the bid for Coraci Sports Park to Saboungi Construction Inc for their corrected bid in the amount of $1,324,865.94.


Item 9 -           Amendment to Services Agreement and Contract for Services between Halifax Humane Society, Inc., and the City of Port Orange


Staff requests that City Council approve the Amendment to Services Agreement and the Contract for Services between Halifax Humane Society, Inc., and the City of Port Orange and authorize the Mayor and City Manager to execute the agreements on behalf of the City.



E.                 TABLED ITEMS


Item 10 -        Second Reading – Ordinance No. 2007-19 – Rezoning and Approving a Master Development Agreement and Conceptual Development Plan – The Altamira Shopping Village Planned Commercial Development (PCD) (Tabled January 15, 2008)


We recommend that this item remain on the table.


Item 11 -        Final Plat & Plans and Subdivision Improvement Agreement for the Kinara village Subdivision (Tabled February 26, 2008)


We recommend that this item remain on the table.





Item 12 -        Resolution No. 08-9 - Proposed Easement Vacation – Hidden Lakes Subdivision, Phase II, Lot 65 (1317 Alcorn Road)


The Community Development Department has received a request to vacate a portion of the easterly rear yard 10.00-feet wide Drainage and Utility Easement located on Lot 65 of the Hidden Lake Subdivision, Phase II. The property owner has made this request in connection with a proposed pool, pool deck, and future screen enclosure to be constructed in to the easement. The proposed structures will meet all required setback distances. Total allowable lot coverage will not be exceeded and enough easement area will remain for necessary drainage.


The easement vacation application and legal description have been reviewed for completeness and accuracy. Franchise Utility Company release letters have been obtained for the easement area. City departments have reviewed this request with respect to City Codes and possible effects to adjacent properties and have no outstanding concerns. There are no currently planned drainage or utility improvements proposed for this area in the future. The easement may be vacated, as described in the attached Exhibit “A”, to the extent that it is not being used.


Staff recommends that Council approve the attached resolution vacating the westerly 5.00 feet of the easterly rear yard 10.00-feet wide Drainage and Utility Easement located on Lot 65 of the Hidden Lake Subdivision, Phase II, per the attached legal description.


G.                ADMINISTRATION


Item 13 -        Resolution No. 08-10 – Surplus Property for Sale – Lot 8, Port Orange Gateway Center Replat


On January 8, 2008, the City Council approved Resolution No. 08-1 declaring the subject City-owned property surplus and authorizing staff to proceed with its disposal.  Subsequent to that action, F.S. 08-01 was issued, offering the subject property for sale to the highest bidder.   A minimum bid of $2,410,000 was established, based upon a recent appraisal of the property.  F.S. 08-01 was legally advertised for sale on January 23, 2008, in the Daytona Beach News Journal.  As of the closing date for sealed bids on February 21, 2008, no bids had been received.  Staff now seeks Council authorization to market the property for sale and purchase by other methods, including a negotiated contract, and to forego the competitive bid process.  All contracts will be subject to the approval of the City Council.


Staff recommends that Council approve Resolution No. 08-10 authorizing staff to pursue other methods to market the Lot 8 Port Orange Gateway Center surplus property for sale and purchase.


Item 14 -        Discussion Item - Closing of Schools


As you are aware, the School District is proposing to close certain schools.  One of the schools is Samsula Elementary.  A portion of the students currently attending Samsula are scheduled to attend Cypress Creek Elementary School on Airport Road.  Since capacity is a Comp Plan issue, I have raised a question with the Superintendent about the impact of the school closure on Port Orange schools and the capacity of those schools.  A meeting has been scheduled with the Superintendent of Schools and her staff to discuss the potential impact on the schools in our City and its impact on our Comprehensive Plan.  I will update you on this item after the meeting.



H.                COUNCIL COMMENTS


Item 15 -        Comments/Concerns from Council Members


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


Item 16 -        Council Committee Reports


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