MEMORANDUM

 

 

To:                   Mayor Allen Green

                        Vice Mayor Dennis Kennedy

                        Council Member Bob Ford

                        Council Member Donald Burnette

                        Council Member Robert Pohlmann

 

From:              Kenneth W. Parker, City Manager

 

Subject:          Agenda Commentary for Regular City Council Meeting of

                           May 24, 2011

 

Date:               May 17, 2011

 

The City Council will be meeting at 5:30 in a mini-budget workshop looking at the preliminary budget for Parks and Recreation for the 2011-12.

 

  1. OPENING

 

Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call

 

B.   SPECIAL PRESENTATIONS, RECOGNITIONS AND PROCLAMATIONS

 

Item 4 -           Recognition of Youth Achievement Award Winner

 

The City’s Youth Advisory Board developed an annual Youth Achievement Award to recognize those young individuals who make a significant contribution to the welfare of the community through their accomplishments, leadership and service.

 

The selection committee selected Karilla Dyer as the 2011 Youth Achievement Award Winner.  Staff recommends that City Council present the award.

Item 5 -           Recognition of the Port Orange PAL Flames Girls 14 and under

Basketball Team

 

The Port Orange PAL Flames girls’ basketball team won two regional games in the spring thus advancing them to the State playoffs. In the State Championship, four teams competed in a weekend tournament hosted by our region. The Port Orange PAL Flames beat all three teams thus earning them the State Championship title. The Port Orange PAL Flames girls 14 and under team is coached by Mr. Chip Patrick and Assistant Coach Frank Everheart.

 

Item 6 -           Representative Dwayne Taylor

 

Representative Dwayne Taylor will be present to discuss the recent session.

 

Item 7 -           Local Business Spotlight – Wireless Worldwide, Inc.

 

Dan Gardner, the owner of Wireless Worldwide, Inc. will be present to introduce their business.  This is a new business in Dunlawton Square who just had their ribbon cutting.  Trish Woodard, their Direct TV coordinator will also be present.

 

C.   SPECIAL REPORTS

 

Item 8 -           Report from KemperSports Management regarding Cypress Head Golf Course

 

A representative from KemperSports will make a report to the Council regarding the Golf Club at Cypress Head.

 

D.   CITIZEN PARTICIPATION (Non-Agenda – 15 Minutes)

 

E.   CONSENT AGENDA

 

Item 9 -           Project Managers’ Report

 

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

 

Item 10 -        Post Design Services for the Williamson Blvd. Signal at Hockney Ct. /McGinnis Ave

 

Kimley-Horn Assoc. is the design engineer for this project and their services will be required during the construction phase of this project for shop drawing and data submittal review, meeting attendance, construction observation and coordination with the City.

 

Staff recommends Council approve the Kimley-Horn proposal for construction phase services for construction of the traffic signal at Williamson Blvd. at Hockney Ct. /McGinnis Ave. in the amount of $14,540.

 

Item 11 -        Post Design Services for the Devon/Taylor Traffic Signal

 

Kimley-Horn Assoc. is the design engineer for this project and their services will be required during the construction phase of this project for shop drawing and data submittal review, meeting attendance, construction observation and coordination with the City.  This is a FDOT LAP project with 75% reimbursement.

 

Staff recommends Council approve the Kimley-Horn proposal for construction phase services for construction of the traffic signal at Devon and Taylor Ave in the amount of $13,315.

 

Item 12 -        Dunlawton/I-95 Turn Lane Extension and Sidewalk Improvements Amendment to Kimley-Horn Contract

 

This addendum is compensation for the additional work required for design of revised sidewalk lighting; additional permitting and preparation of detailed maintenance of traffic plans which were changes required by the FDOT from original design agreements. 

 

Staff recommends Council approve the addendum to the Kimley-Horn contract for the design of the Dunlawton/I-95 turn lane extension and sidewalk improvements for $13,985.00 and authorize the Mayor and City Manager to execute the agreement.

 

City Manager Comments: This project is part of the Pavilion DRI.  The City received funds from CBL for the improvements as part of the DRI approval process.  FDOT has requested a maintenance of traffic plan to be developed and sealed by a Traffic Engineer before issuing the City a permit to construct the improvements under I-95.  The improvements are expanding the left turn lane south bound on to I-95, lighting and sidewalk improvements under I-95,  As the City Council may recall, the lighting and sidewalk improvements were deleted when the City made the capacity improvements a few years ago.  When the DRI funds agreed upon, FDOT required the lighting and walk improvements as part of the agreement.  We would like to have this project out to bid and awarded before the end of the summer.  Again, these funds are allocated for Dunlawton improvements as part of the DRI agreement. 

 

F.    FINANCE (John Shelley)

 

Item 13 -        Monthly Financial Report

 

Attached is the monthly financial report.  If you have any questions, please contact John Shelley or me.

 

 

G.   COMMUNITY DEVELOPMENT (Wayne Clark)

 

Item 14 -        Resolution No. 11-21 – LAP Agreement for Willow Run Blvd and Clyde Morris Blvd Turn Lane

 

The FDOT has requested the City execute the attached Local Area Project (LAP) Agreement and Resolution for the construction of a right turn lane at Willow Run Blvd and Clyde Morris Blvd.  The FDOT has agreed to fund the costs for construction in an amount not to exceed $48,021.00.  The Agreement requires the City to be responsible for overruns, if any.

 

Staff recommends Council approve Resolution No. 11-21 approving the Local Area Project (LAP) Agreement and Resolution for the construction of intersection improvements at Willow Run Blvd and Clyde Morris Blvd and authorize the Mayor and City Manager to execute the Agreement and Resolution.

 

Item 15 -        Resolution No. 11-22 – LAP Agreement for Dunlawton Ave and Spruce Creek Road Turn Lane

 

The FDOT has requested the City execute the attached Local Area Project (LAP) Agreement and Resolution for the construction of intersection improvements at SR 421/Dunlawton Ave and Spruce Creek Road.  The FDOT has agreed to fund the costs for construction in an amount not to exceed $992,364.00 which, based on the Engineers Opinion of Probable cost, is estimated to be 100% of the cost. The Agreement requires the City to be responsible for overruns, if any.

 

Staff recommends Council approve Resolution No. 11-22 approving the Local Area Project (LAP) Agreement and Resolution for the construction of intersection improvements at SR 421/Dunlawton Ave and Spruce Creek Road and authorize the Mayor and City Manager to execute the Agreement and Resolution.

 

Item 16 -        Resolution No. 11-23 – LAP Agreement for Dunlawton Ave and Village Trail Turn Lane

 

The FDOT has requested the City execute the attached Local Area Project (LAP) Agreement and Resolution for the construction of intersection improvements at SR 421/Dunlawton Ave and Village Trail.  The FDOT has agreed to fund the costs for construction in an amount not to exceed $103,512.  The Agreement requires the City to be responsible for overruns, if any.

Staff recommends Council approve resolution No. 11-23 approving the Local Area Project (LAP) Agreement and Resolution for the construction of intersection improvements at SR 421/Dunlawton Ave and Village Trail and authorize the Mayor and City Manager to execute the Agreement and Resolution.

 

Item 17 -        Workshop LDC Amendment/Cyber Centers

 

Before the staff begins drafting an ordinance related to cyber centers, we thought it advisable to have a workshop with the City Council related to these types of businesses.  There are a number of policy questions that need to be discussed with the Council before moving into final drafting of the Ordinance for presentation.  The City Council has passed on first reading an extension of the moratorium.  Community Development is preparing maps and other documents for City Council review.  Also, the City Council has requested certain ordinances from other cities and counties.  Those Ordinances will be provided to the City Council prior to the Tuesday discussion.

 

H.   PUBLIC SAFETY (Jerry Monahan)

 

Item 18 -        Crime Report

 

The Port Orange Police Department will present a report which details the number of arrests and criminal activity for the month of April 2011.

 

City Manager Comments:

The City Council asked for the Police Department to provide a monthly report on Crime Statistics within the City of Port Orange.  On Tuesday night, Public Safety Director Monahan will provide a report to the City Council.  He will be using the crime reporting materials that are available on the City’s website during his presentation.  Each month, the Department will make a presentation to the City Council reviewing what is occurring within the City of Port Orange.

 

I.      CITY MANAGER (Ken Parker)

 

Item 19 -        City Owned Property

 

It has been suggested that the City inventory its properties and determine if some parcels could be sold with the money derived from the sale being used to retire debt.  Attached is a memorandum that outlines potential properties. 


Does the City Council desire to pursue any of the sale options presented in this memorandum?  If the City Council desires to pursue any of the options presented, we would need to advertise and accept bids.

 

Item 20 -        Consideration of Bid Protest of Bid #11-08, Collection and Disposal of Solid Waste, Yard Waste, and Recyclable Materials

 

Veolia bid protest

 

WCA bid protest

 

Two bidders have filed a protest related to materials submitted in Envelope 1.  In the initial review of bid documents, two companies, Veolia and WCA, LLC, were found to have not met the specification requirements.  A protest hearing was conducted on Wednesday, May 18, 2011.  Additional materials have been requested as well as a review of case law.  Those materials have to be submitted no later than Thursday, May 19, 2011.  I have reserved time on Tuesday night for the City Council to hear any appeal from the City Manager’s determination.  Envelope 2 bids are to be received on Wednesday, May 25, 2011. 

 

Regardless of the Manager’s determination, both companies will require the City Council determination that the deviations were non-material and to waive any irregularities to the extent they may exist and to allow the companies to correct any deficiencies in their submittals.  If the City Council chooses to waive any deficiencies and irregularities to the extent they may exist, then the company or companies will be allowed to submit their price bid.

 

I have attached the materials submitted by both Veolia and WCA of Florida, LLC.  I will be issuing a letter of findings.  A copy of that letter will be provided to the City Council and become part of the record for your review and determination of whether to waive any deficiencies and bid irregularities. 

 

J.    COUNCIL COMMENTS

 

Item 21 -        Comments/Concerns from Council Members

 

At this time Council Members may discuss various matters or concerns.

 

Item 22 -        City Council Committee Reports

 

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

 

 

 

KWP/ckr