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 July 22, 2008


Date:               July 14, 2008



A.                 OPENING


Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call



B.                SPECIAL REPORT


Item 4 -           Report from KemperSports Management


A representative of KemperSports Management will make a report to the Council at this time regarding The Golf Club at Cypress Head.


Item 5 -           Golf Course Budget Presentation and Review


At this time, the Golf Course Budget will be presented.


C.                CITIZEN PARTICIPATION (Non-Agenda)

D.                CONSENT AGENDA


Item 6 -           Project Managers’ Report


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


Item 7 -           Road Construction Report


Attached is the Road Construction Report.  If you have questions, please contact Warren Pike or me.


Item 8 -           Florida League of Cities Award Nomination – City Spirit Category


The Florida League of Cities annual awards program recognizes and honors outstanding citizens, city leaders, and cities for their excellent and innovative programs that provide our citizens with great public service.  Last year, the City of Port Orange won the City of Excellence Award and Kenneth W. Parker won the City Manager of the Year Award.  This year, staff is recommending that the Sexual Offender Accountability Program be nominated for the City Spirit Award.


The City Spirit Award will be given to a city for a specific, single, citywide effort to successfully address a local need. The nominated program must have been in effect for a minimum of one full year and must be made by a majority vote of the City Council.  Nominations are due August 11, 2008 and finalists will be announced in October.  The winners will be announced on November 21, 2008 during an awards luncheon at the Hyatt Regency Orlando International Hotel.

Staff recommends that Council approve the nomination the City of Port Orange’s Sexual Offender Accountability Program (SOAP) for the Florida League of Cities “City Spirit Award.”


Item 9 -           Addendum No. 2 to the Kimley-Horn Associates Transportation Contract for Design of a Traffic Signal at Williamson Boulevard and Town West Blvd.


Construction of a signal at this location is funded as a fair share project.  Staff recommends that the Council approve Addendum No. 2 to the Transportation Contract with Kimley-Horn in the amount of $23,870 for design of a traffic signal at Williamson Boulevard and Town West Blvd. and authorize the Mayor and City Manager to execute the associated contract documents.


E.                 FINANCE


Item 10 -        Resolution No. 08- 25 - Budget Appropriations


Attached is the Resolution appropriating money to construct the improvements for the Business Park.  We received excellent bids.  The construction of the road and utility improvements is a condition of the contract with the Coraci family.


Item 11 -        Monthly Financial Report


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




Item 12 -        First Reading – Ordinance No. 2008- 21 - Amending Article IV, Section 42, of the Code of Ordinances Relating to Nuisances


This is a request to amend the Code of Ordinances, Chapter 42 (Nuisances).  If the amendments are adopted, language will be added to the Code of Ordinances addressing residential lighting including definitions, regulations and enforcement.


This item was originally brought in front of the City Council and approved at 1st reading on April 15th, 2008. On May 6th, 2008, the item was tabled and referred back to Staff. After Staff’s revisions, which included further definition of glare and light trespass, measurement standards for glare and light trespass, general policies, and enforcement, the amendments were then discussed at the June 24th meeting. Staff has since purchased a light meter, which will be used to enforce the recommended ordinance.


The text changes as revised and accepted by Council have now been drafted in ordinance format, and Staff recommends approval of the Ordinance as written.


Planning Commission Recommendation:      The Planning Commission recommended approval, 5-0 (Commissioners Barker and Parker excused), to approve the proposed amendments to Chapter 42 regarding nuisances. 


Staff Recommendation:   Staff recommends approval.


Second Reading:   August 19, 2008


Item 13 -        Resolution No. 08- 26 – Proposed Easement Vacation for Williamson Boulevard Widening


Sean Maroney, Volusia County Right-of-Way, has requested the vacation of a Conservation Easement that exists on property that Volusia County has acquired in connection with the proposed widening of Williamson Blvd. in the area of the Cypress Head PUD.


The easement vacation application and legal description have been reviewed for completeness and accuracy. Other City departments have reviewed this request and have no outstanding concerns. The easement may be vacated to the extent that the area will be part of a turn lane for Williamson Boulevard.


Staff recommends that Council approve the attached resolution vacating a Conservation Easement per a request from Volusia County Right-of-Way in connection with the widening of Williamson Boulevard.


Item 14 -        Final Plat and Plans and Subdivision Improvement Agreement – Northern Lites Subdivision


This is a request to approve the Final Plat & Plans for the Northern Lites Subdivision and to approve the Subdivision Improvement Agreement (S.I.A.) for this project. The 1.38-acre site is located on the east side of Jackson St. between Madeline and Herbert and is currently occupied by an existing single-family home. If approved, the subdivision will be developed with 5 single-family lots, with associated infrastructure improvements.


Planning Commission Recommendation:  The Planning Commission recommended approval, 6-0 (Commissioner Barker, excused), to approve the Final Plat and Plans for the Northern Lites Subdivision.  The Planning Commission’s recommendation for approval is subject to resolution of the outstanding comments referenced in the attached staff report.


Staff Recommendation:   Staff recommends approval.


Item 15 -        Proposed License Agreement – 5780 Sweetwater Boulevard


The property owner of 5780 Sweetwater Blvd. is requesting permission to allow a concrete paver driveway apron within the right of way of Sweetwater Boulevard, a 50 foot wide City right of way.  Concrete driveway aprons are standard; however, the paver driveway was installed all the way to the edge of the pavement of Sweetwater Boulevard during house construction (see attached photo).  A separate building permit for the paver driveway has been applied for to allow time to process the license agreement without holding up the c/o for the house.  Final approval of the driveway building permit is pending City Council approval of the license agreement.  City Departments have reviewed this request and approve this material.


The license agreement has the effect of requiring the property owner to maintain and, if necessary, replace these improvements with the accepted standard construction requirements of the City.  Further, should the property owner fail to abide by this agreement, the City is provided with the ability to take the necessary corrective action at the expense of the property owner.


Staff recommends that Council approve and authorize the Mayor and City Manager to act on behalf of the City to execute the License Agreement for 5780 Sweetwater Blvd.



G.                ADMINISTRATION


Item 16 -        Second ReadingOrdinance No. 2008-20 – Renewing Florida Power & Light Franchise


We recommend approval.


Item 17 -        Bid Award – Williamson Boulevard Business Park Improvements


This project includes construction of the 43.3+/- acre Williamson Business Park including construction of roadway improvements, a stormwater pond, filling of land, installation of sanitary sewer, potable water, reclaimed water lines and storm sewer.  The City is required to complete construction of the mentioned improvements by February 14, 2009 as outlined in the Second Amendment to the Post Closing Agreement with D.S.C. of Newark Enterprises, Inc. This project will open over 43 acres of industrial property in the Workplace District and is designed to serve as a job creation center.


Bids were due and opened on July 8, 2008 at 2:30 p.m.  Sixteen (16) bids were received from various contractors.  City staff, in consultation with the Engineer of Record and Contract Engineer, recommend awarding the bid based upon the alternate pump station wet well (Alternate 1A).  With the base bid plus alternate, the initial low bidder was Earthmovers, Inc. with a price of $2,598.538.59.  Earthmovers, Inc.’s bid was deemed to be incomplete since they failed to submit required information with their bid including their qualifications, list of subcontractors, previous experience, and insurance requirements. 


The second low bid of $2,710,350 was received by The Briar Company.  The Briar Company’s bid was also deemed to be incomplete since they failed to submit required information with their bid including a five (5) percent bid bond, their qualifications, list of subcontractors, previous experience, public entity crimes statement, anti-collusion statement, drug free/tie preference statement, certificate as to corporate principal, trench safety affidavit and insurance requirements. The Briar Company delivered additional documents to the City on July 10, 2008, two days after the bid opening, which were not deemed to have been delivered in a timely manner and were not considered.


The third low bid of $3,075,230 was received by Halifax Paving, Inc.  Halifax submitted all required bid documentation and forms and had no mathematical errors in their calculations. Unit prices were evaluated by our engineering consultants and found to be fair and representative of current industry standards.  Quentin L. Hampton has verified references and confirmed that Halifax has successfully completed projects of similar scope.


Halifax Paving, Inc. has been determined to be the most responsive, responsible bidder and staff recommends that they be awarded Bid Number B08-14.


Staff recommends that Council award Bid Number B08-14 with Alternate 1A to Halifax Paving, Inc. in the amount of $3,075,230 and to authorize the Mayor and City Manager to execute associated contract documents.


City Manager’s Comments:  The Briar Company has protested a determination that they are not the lowest responsible bidder.  A protest hearing will be conducted on Tuesday afternoon.  I may ask the City Council to delay the award of the contract based upon information received during the protest hearing. 


I will update the City Council on this item on Tuesday evening.


Item 18 -        Amendment No. 2 to Kimley-Horn & Associates, Inc., for Williamson Business Park – Lift Station Revision


Kimley-Horn & Associates, Inc., is currently under contract to perform engineering services related to the Port Orange Business Park.  After further site investigation and analysis, City Staff, along with concurrence of our consulting engineers, determined that Alternate 1A, as described in the bid documents for the Williamson Business Park Improvements, is the preferred design.  Staff is recommending the bid be awarded with the alternate.  If approved by Council, the alternate bid will require relocation of the lift station, driveway, and revisions to the associated plans and permits.  The attached Addendum represents the services required and is in a lump sum amount of $6,920.  Funds are available in Account No. 405-0300-580-63-97AIO006.


Staff recommends that Council approve Addendum No. 2 to the agreement with Kimley-Horn & Associates, Inc., dated March 21, 2006, for revision to the lift station for the Williamson Business Park (Alternate 1A) in the amount of $6,920, and to authorize the Mayor and City Manager to execute all associated documents on behalf of the City.


City Manager’s Comments:  This is a companion to the bid award.  The alternative bid places the lift station in better soil conditions.  We bid an alternative, and this change order to the Kimley-Horn contract designs the changes to the line in order for the contractor to construct the alternative.  During the pre-bid conference, one of the bidders reminded the City of the problems we had with a lift station wet well during the construction of the PYA-Monarch project several years ago.  It was determined that it would be best to bid an alternative location.  Based upon information we now have, it was determined that it was best to locate the lift station and avoid a potential problem and change order in the future.


H.                COUNCIL COMMENTS


Item 19 -        Comments/Concerns from Council Members


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


Item 20 -        City Council Committee Reports


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



I.                    WORKSHOP


Item 21 -        CIP Workshop


At this time, Council will review the CIP.  The CIP must be adopted by August 15.