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 16, 2010


Date:               March 8, 2010



A.                 OPENING


Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call



B.                 CITIZEN PARTICIPATION (Non-Agenda)

C.                CONSENT AGENDA


Item 4 -           Bid Award – Sleepy Hollow Drainage Improvements


Staff received a total of 18 bids for the Sleepy Hollow Drainage Improvements project.  In addition to the base bid, there was an alternate bid to include the installation of a filtration structure.  The three low base bid vendors are Mercon Construction - $368,607.01; Masic Corporation - $406,500; and Westwind Contracting - $411,301.54.  Mercon has since retracted their bid stating the inability to manage the job due to other recent project awards; therefore, staff looked to the second low base bid, Masic Corporation, for $406,500.  The original budgeted amount for this project was $362,000.  Staff recommends we forego the alternate bid with the filtration system in order to keep as close to the original budget as possible.  A budget transfer of $45,000 was completed in order to have the additional funds necessary in Account No. 41218005416397, Project No. DIP041.  Staff recommends approval.


City Manager’s Comments:  Public Works has another project that it will be bidding with the same filtration structure and would propose including the structure with that bid instead of awarding it as an alternative to this bid.   If you have questions, please feel free to call Warren or me.


Item 5 -           Building Activity Report and Monthly Development Activity Report for January and February, 2010


The attached Staff Reports include the Development Activity Report for February, 2010, and the Building Activity Report for January, 2010.  These reports provide information on proposed development projects under construction, commercial code enforcement activity, and monthly building permits and inspection updates.  Staff recommends acceptance of the Staff Reports (Building Activity Report and Monthly Development Activity Report) for January and February, 2010.


Item 6 -           “Piggyback” Palm Beach County Contract No. 08051 for Assorted Playground Equipment for Coraci Park


Palm Beach County currently has a contract with Playmore Recreational Products and Services, Contract No. 08051, for playground equipment.  We wish to piggyback this contract for the purchase and installation of assorted playground equipment for Coraci Park in the amount of $49,601.36.  Funding for this project will be from Account No. 611-5100-572-6397, QPC 034.  Staff recommends that Council approve piggybacking Palm Beach County’s contract with Playmore Recreational Products and Services, Contract No. 08051, for purchase and installation of assorted playground equipment for Coraci Park in the amount of $49,601.36.


Item 7 -           Extend Landscape Maintenance Contracts


The landscape maintenance contracts are due to expire on March 31, 2010.  All three vendors, Glenco Lawns Inc., Tuff Turf, and Tif-Jen, are willing to renew without any increase in price.  The spreadsheets attached provide areas maintained (by vendor), maintenance performed, and cost of each.  Total annual cost to renew all three contracts will not exceed $838,363.06.  The commentary attached provides a breakdown of payment by account.  Staff recommends approval to extend the landscape maintenance contract with Glencoe Lawns Inc., for a total annual cost of $90,684.36; Tuff Turf for a total annual cost of $137,074.04; and Tif-Jen Inc. for a total annual cost of $610,604.65, for a combined total annual cost of $838,363.06.



Item 8 -           Confirmation of Youth Advisory Board Member


Ms. Kim has made application to serve in the 7th grade Creekside Middle School position on the Youth Advisory Board and has already attended several meetings. Ms. Kim meets the qualifications and staff recommends her appointment to the Board.   Staff recommends that Council confirm Kristy Kim as a Youth Advisory Board Member for 2009-2010.


City Manager’s Comment:  Ms. Kim has indicated that she will not be able to attend the meeting on Tuesday night.


Item 9 -           July 4th Fireworks Display


For the past several years, Fireworks by Santore has co-sponsored and provided the July 4th Fireworks Display.  Santore has again agreed to sponsor this display with their donation of $0.50 to our $1.00.  Santore has provided great fireworks displays for our citizens over the years with only one incident; therefore, staff recommends that they again approve this offer and award the July 4th Fireworks Display to Fireworks by Santore at the sole source supplier for the July 4th Fireworks Display for a total not to exceed $20,000.  Funding is in the recycling fund, Account No. 410 6100 534 4803.


Item 10 -        Approval of Halifax Sport Fishing Club’s Annual Fishing Tournament


The Halifax Sport Fishing Club is requesting permission to use the pier under the Port Orange Bridge and parking area Saturday, May 1, 2010, from 9:00 a.m. to 1:00 p.m.  This annual fishing tournament benefits mentally and physically challenged children and adults. Staff recommends approval.


Item 11 -        City Attorney’s Report


Attached is the City Attorney’s Report.  If you have questions, please contact Margaret Roberts.



D.                TABLED ITEMS


Item 12 -        Resolution No. 10-12 – Reimbursement of Grant Funds – Gamble Property (Tabled 2/16/10)


Staff recommends that this item remain on the table.


City Manager Comments: Margaret and I are meeting with Mary Anne Connors to discuss the repayment of the funds to Volusia County.   We will provide the City Council with an update on the meeting at the March 16 Meeting. 



Item 13 -        “Piggyback” of Miller Pipeline Contract with Manatee County, Florida, for Sewer System Rehabilitation Work at the Dunlawton Avenue 30” Gravity Sewer Collectors System (Tabled 2/23/10)


Staff recommends that this item remain on the table.


City Manager’s Comments: I am proposing to bring a report back to the City Council at the March 23rd City Council Meeting. 





Item 14 -        Citizen Advisory Committee for MPO


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





Item 15 -        Second Reading- Ordinance No. 2010-2 – Amending Chapter 8, Article III of the Land Development Code Relating to Updates of the city’s Floodplain Management Ordinance


Staff recommends approval.


Item 16 -        Second Reading – Ordinance No. 2010-3 – Amending Chapters 2 and 16 of the Land Development Code Regarding Renewable Energy Green Initiatives, Phase II


Staff recommends approval.


Item 17 -        Second Reading – Ordinance No. 2010-4 – Amending Chapters 2, 3, 5, 6, and 18 of the Land Development Code Regarding the Expiration and Extension of Development Orders and Development Permits


Staff recommends approval.



Item 18 -        Second Reading – Ordinance No. 2010-5 – Amending Chapter 6, Section 5, and Chapter 10, Article I, Sections 1 and 5 of the Land Development Code Relating to Erosion and Sediment Control Regulations


Staff recommends approval.



Item 19 -        Subdivision Variance – Joseph Wiggins


This a Subdivision Variance Request to waive the requirement for a subdivision plat.  If the subdivision variance is approved, the applicant intends to apply for a minor subdivision to create two single family lots on a 7.58 acre parcel located at 6015 Central Park Blvd.


Planning Commission Recommendation:      the Planning Commission recommends approval (5-0, Commissioners McMasters and Booth excused).


Staff Recommendation:   Staff recommends approval.



G.                COUNCIL COMMENTS


Item 20 -        Comments/Concerns from Council Members


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