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

                        June 2, 2009


Date:               May 26, 2009



The Town Center Community Redevelopment Agency Board will be meeting prior to the City Council Meeting.  The purpose of the CRA Board meeting is to receive an update on a variety of activities and events happening in the Town Center.  Donna Steinebach will be conducting the update.


Just a reminder - I will not be at Tuesday’s City Council Meeting.  As you may recall, my son and his family are flying in from Luxembourg on Tuesday night.  Originally, they were supposed to arrive on Wednesday; but his travel orders were changed to Tuesday. 



      A.        OPENING


Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call


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

C.                CONSENT AGENDA


Item 4 -           Approval of Minutes


Attached are the minutes of the following meetings:


April 7, 2009 -            Regular City Council Meeting

            April 21, 2009 -         Special City Council Meeting

            April 21, 2009 -         Regular City Council Meeting

            April 22, 2009 -         Special City Council Meeting

            April 28, 2009 -         Special City Council Meeting

            April 28, 2009 –        Regular City Council Meeting


Staff recommends approval.


Item 5 -           Update on Construction Projects


Attached is the report from Quentin L. Hampton Associates, Inc., regarding construction projects.  If you have questions, please contact either Mark Hampton or me.


Item 6 -           Update on Recreational Facilities


Attached is the report from Parks and Recreation.  If you have questions, please contact either Susan Lovallo or me.


Item 7 -           Road Construction Report


Attached is the report from Public Works.  If you have questions, please contact either Warren Pike or me.


Item 8 -           Bid Award – Concrete Construction


Staff advertised and received eleven bids for the Concrete Construction contract.  This contract provides for the installation and repair of sidewalks, bike paths, and curbing as needed.  As shown on the bid summary attached, Sparks Concrete is the overall low bid vendor.  Sparks Concrete has had this contract for the past two years and staff is satisfied with their performance and feels they are more than capable of providing the services required.  If approved, the contract will be effective June 1, 2009, through May 31, 2010.  Staff recommends that Bid No. 09-15 for concrete Construction be awarded to the overall low bid vendor, Sparks Concrete LLC.


Item 9 -           Request for Special Council Meeting to Discuss Pending Litigation Pursuant to Section 286.011(8), Florida Statutes


The City Attorney desires advice concerning pending litigation in the case of Lamar vs. City, Case No. 2004-31518 CICI.  The subject matter of the meeting shall be confined to a strategy session related to litigation expenditures and settlement negotiations.  This suit involves Lamar’s claim for compensation for billboard structures damaged in the 2004 hurricanes.  Staff recommends that the Council approve the City Attorney’s request regarding Lamar v. City to schedule a Special Council Meeting on June 16, 2009, at 5:30 p.m. to be held at city Hall, 1000 City Center Circle, convening initially in the Council Chambers, for an attorney-client strategy session.


Item 10 -        Approve Lease Agreement with ArtHaus Foundation, Inc.


ArtHaus Foundation, Inc. has requested approval of a new lease for the City’s property located at 3840 Ridgewood Avenue.  ArtHaus has been a tenant at this location since 2004.  ArtHaus’ present lease expires June 30, 2009, and all permissible extensions under that lease have been exhausted.  The terms of the proposed lease are substantially the same as prior leases, although the lease rate has been updated to reflect current market rates along the U.S. 1 Corridor.  In prior years, the City has relieved ArtHaus of this monthly rental payment as an in-kind contribution to ArtHaus.  The proposed lease is for an initial three (3) year term, with two (2) potential one (1) year extensions. 


ArtHaus provides an important cultural element to the Town Center Redevelopment District and the community at large.  ArtHaus has been a good tenant and caretaker of the building, and has recently invested in repainting the entire exterior of the structure.  


Staff recommends approval of the proposed Lease Agreement with ArtHaus Foundation, Inc. for the property located at 3840 Ridgewood Avenue and to forego the monthly rental payment as an in-kind contribution to ArtHaus.



D.                TABLED ITEMS


Item 11 -        Second Reading – Ordinance No. 2009-4 – Repeal Ordinance No. 2008-19 – Small Scale Future Land Use Amendment – Summit Golf Center (Tabled 4/28/09)


Staff recommends that this item remain on the table.



Item 12 -        Second Reading – Ordinance No. 2009-9 – Amending Chapter 5, Section 8(e) of the Land Development Code Relating to Establishing Parameters for the Reconstruction of Non-Conforming Off-Site Signs Following a Catastrophe (Tabled 5/26/09)


Staff recommends that this item remain on the table.





Item 13 -        Resolution No. 09-38 - Amendments to Fiscal Year 2008 CDBG Action Plan


The following amendments to the FY 2008 CDBG Action Plan are submitted for approval by Resolution.  A public comment period has concluded and no citizen comments were received. 


1.         Elimination of Real Property Acquisition activity in the amount of $226,848

2.         Addition of new project: Port Orange Adult Activity Center Improvements in the amount of $126,050

3.         Addition of new project: Oak Place Curbs in the amount of $100,798

4.         Addition of new project: Demolition in the amount of $61,608


In addition to the original allocation of CDBG funding in the amount of $283,543 for fiscal year 2008, this amendment includes additional funding provided under the American Recovery and Reinvestment Act of 2009 (ARRA) in the amount of $77,009.  This additional funding, named CDBG-R, is included in the Oak Place Curbs activity.  Because the total cost of the activity exceeds the amount of CDBG-R funding awarded under the ARRA, it has been combined with a portion of the original CDBG allocation.


Staff recommends that Council approve the attached resolution authorizing amendments to Fiscal Year 2008 CDBG Action Plan.


F.                 COUNCIL COMMENTS


Item 14 -        Comments/Concerns from Council Members


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