MEMORANDUM

 

To:                   Mayor Allen Green

                        Vice Mayor Donald Burnette

                        Council Member Bob Ford

                        Council Member Drew Bastian

                        Council Member Dennis Kennedy

 

From:              Gregory A. Kisela, City Manager

                        Shannon Lewis, Assistant City Manager

 

Subject:          Agenda Commentary for Regular City Council Meeting of

                        April 22, 2014

 

Date:               April 15, 2014

 

 

  1. OPENING

 

Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call

 

B.   SPECIAL AWARDS AND RECOGNITION

 

Item 4 -           A Flower Cottage, Inc. – Volusia League of Cities Dinner Flower Donation

 

A certificate of appreciation will be presented to A Flower Cottage, Inc. for their donation of the orchids for the Volusia League of Cities Dinner on March 27, 2014.

 

Item 5 -           Recognition Awards – Police Department

 

The police department would like to present two Awards of Merit, three Awards of Heroism, one Award of Achievement, one Unit Commendation and four Citizen Commendations.

Item 6 -           Employee Recognition Awards – Fire Department

 

The department of Fire-Rescue proudly recognizes four Lieutenants who in February of this year completed an extensive leadership course. This two year course focused on the foundational aspects of leadership such as individual leadership philosophies and styles, team building, effective communication, accountability, and effective personal and employee strategies. The course itself was sponsored by the Southeast Volusia Fire-Rescue Departments. Port Orange Fire-Rescue participants and graduates are Lieutenant Beau Gardner, Lieutenant Colleen Fitchett, Lieutenant Mark Straka, and Lieutenant Gary Wilson.

 

Item 7 -           Employee Recognition Awards – Citizen Connection System

 

The Citizen Connection System is an interactive feature on the City’s web site that allows citizens to reach out to City staff to resolve issues and concerns.  A key feature of the system is the provision of e-mail status updates from the moment the item is submitted until the issue is resolved and the case is closed.  Officially launched on February 3, 2014, the Citizen Connection System has already helped to identify, track and resolve over 600 items; the most frequent being code enforcement and garbage collection complaints.   The system can also geographically map issues to help management more readily identify problem areas. 

 

Developed in house by the City’s Information Technology staff, the Citizen Connection System can be continuously refined and enhanced to meet user needs.  The system has been embraced by staff in all City departments; without whose cooperation the system could not be a success.

 

James Hicks, IT Manager and Corey Kingsbury, Web Master/Programmer, will be recognized by the Council for this innovation and achievement.

 

C.   COUNCIL COMMENTS

 

Item 8 -           Comments/Concerns from Council Members

 

At this time council members may discuss various matters or concerns.

 

D.   BOARD APPOINTMENTS, INTERVIEWS, AND REPORTS

Item 9 -           Report from Kemper Sports Management regarding Cypress Head Golf Course

 

At this time, a representative of KemperSports will make a report to the Council regarding the activities of the golf course.

 

Item 10 -        Audit & Budget Advisory Board Report

 

Chairman Ted Noftall and other members will be in attendance to provide details of the Board’s recent meeting and answer any questions Council may have.

 

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

 

F.    CONSENT AGENDA

 

Item 11 -        Approval of Minutes

a.    April 15, 2014 – Regular City Council Meeting

 

Attached are the City Council meeting minutes from recently held meetings. Should you have questions, please feel free to contact Robin or me.

 

Item 12 -        Project Manager’s Report

 

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

 

Item 13 -        Wrap Around Agreement with Shelley’s Environmental Systems for Wastewater Residuals Management Services and emergency purchase order

 

On March 26, 2014, the City received notification of contract suspension from Florida N-Viro for Wastewater Residuals Management Services as of April 12, 2014.   The City responded to Florida N-Viro on April 11, 2014 notifying them that we were proceeding to contract another vendor for these services and would look to them to make us whole (see attached).  Early this year, the City of Palm Coast competitively bid these services under Bid #ITB-PW-U-14-06 and awarded this contract to Shelley’s Environmental Systems.  The Contractor has agreed to allow the City to wraparound the contract under the same terms and conditions. The City has utilized Shelley’s Environmental Systems in the past and has been pleased with their performance.  Staff anticipates generating up to 5,556 tons of waste for disposal and budgeted $250,000 for this purpose.  They also agreed to an Emergency Blanket Purchase Order to assist us with transportation and disposal of these biosolids until a contract could be processed.  According to the City’s Purchasing Policy, section 12, Emergency Purchase, we processed a $50,000 blanket to this vendor to payment for services.

 

Funding Account No.: 401-0400-535.34-11

 

Staff recommends approving a wraparound agreement with Shelley’s Environmental Systems for wastewater residuals management services in the amount of $250,000 and the emergency blanket purchase order for $50,000 for the wastewater treatment plant, and authorizing the Mayor and City Clerk to execute all required contract documents on behalf of the City.

 

Item 14 -        Case no. 13-97500005/Proposed License Agreement – Lot 23, Cypress Cove Phase II Subdivision

 

Staff has received a right-of-way license agreement application for a portion of the Chickadee Drive right-of-way frontage of Lot 23 of the Cypress Cove Phase II Subdivision. Christian Alexis Pala, the property owner, has made this application due to the reconstruction of the right-of-way apron and that portion of the street sidewalk with decorative pavers. A post construction building permit application has been submitted to the Building Division.

 

The applicant has been advised of applicable requirements and the License Agreement review process. The license agreement has the effect of requiring the property owner to maintain and if necessary, replace these improvements per the accepted standard construction requirements of the City. Further, should the property owner fail to abide by this requirement, it provides the City with the ability to take necessary corrective actions at the expense of the property owner.

 

The License Agreement Application has been reviewed for completeness and accuracy. City staff has reviewed the application and has no outstanding concerns. City liability concerns are addressed by an indemnity statement in the License Agreement document. The area has been inspected with respect to City Codes and possible effects to adjacent properties resulting in no concerns.

 

Staff recommends authorizing the Mayor and City Clerk to act on behalf of the City to execute a License Agreement for Lot 23, Cypress Cove Phase II Subdivision.

 

Item 15 -        Case No. 14-97500001/Proposed License Agreement – Lot 113, Sleepy Hollow Subdivision Unit II

 

Staff has received a right-of-way license agreement application for a portion of the Horseman Drive right-of-way frontage of Lot 113 of the Sleepy Hollow Subdivision Unit II. John C. Gregorc, the property owner, has made this application in connection with a proposal to reconstruct the right-of-way apron and that portion of the street sidewalk with decorative pavers. A building permit application has been submitted for the proposal as described.

 

The applicant has been advised of applicable requirements and the License Agreement review process. The license agreement has the effect of requiring the property owner to maintain and if necessary, replace these improvements per the accepted standard construction requirements of the City. Further, should the property owner fail to abide by this requirement, it provides the City with the ability to take necessary corrective actions at the expense of the property owner.

 

The License Agreement Application has been reviewed for completeness and accuracy. City staff has reviewed the application and has no outstanding concerns. City liability concerns are addressed by an indemnity statement in the License Agreement document. The area has been inspected with respect to City Codes and possible effects to adjacent properties resulting in no concerns.

 

Staff recommends authorizing the Mayor and City Clerk to act on behalf of the City to execute a License Agreement for Lot 113, Sleepy Hollow Subdivision Unit II.

 

Item 16 -        Range and Training Facility Agreements

 

The Port Orange Police Department is requesting approval to enter into the attached agreements permitting Port Orange Police Officers use of the New Smyrna Beach Police Department’s shooting range and training facilities.  These agreements may be cancelled by either party upon thirty (30) days written notice and will terminate on March 31, 2015.  The City of New Smyrna Beach is requesting a $300.00 per year contribution to assist with maintenance costs for the use of the above mention facilities.

 

Staff recommends approving the pistol range and training facility agreements with New Smyrna Beach Police Department.

 

Item 17 -        Piggyback agreement with Biological Consulting Services, Inc. for Professional Environmental Services by Task Authorizations

 

In order to comply with the requirements of the City’s Consumptive Use Permit (CUP) as well as St. Johns River Water Management District (SJRWMD), Florida Department of Environmental Protection (FDEP) and Army Corps of Engineers (ACOE) regulatory permit requirements associated with water production, reclaimed water discharge/storage and wetland mitigation bank, the City is required to conduct biological and hydrological data collection, reporting, submittals and revisions throughout the year. BCS has agreed to provide the necessary professional environmental services under the same terms and conditions as the County’s contract.  Funding will be split between FY14 and FY15, upon Council approval of the FY15 budget. 

                                                                                                                    

Project No.: EFM001                       Funding Account No.:  416-0300-536-3113 $ 8,650

                     None                                                                     401-0200-533-3113 $12,300

                    None                                                                   401-0400-535-3113 $12,300

                    None                                                                      401-0900-536-3113 $  6,750

 

Staff recommends approving the Piggyback Agreement, Task Authorization #1 ($8,650) and Task Authorization #2 ($24,600) for professional environmental and protected species services to the City under the same terms and conditions as the Contract with the County of Volusia RSFG #09-SQ-174DS for a total cost not to exceed $40,000 and authorizing the Mayor and City Clerk to execute all required documents on behalf of the City.

 

Item 18 -        Approval of Lease Extension with ArtHaus Foundation, Inc. for the City-owned property located at 3840 Ridgewood Avenue

 

ArtHaus Foundation, Inc. has requested a 2-year extension to the existing lease for City-owned property located at 3840 Ridgewood Ave.  ArtHaus has been a tenant at this location since 2004.  The current lease expires June 30, 2014, and all permissible extensions under that lease, as previously amended have been exhausted. The terms of the proposed Second Amendment to Lease Agreement remain unchanged.  In prior years, the City has relieved ArtHause of monthly rental payments as an in-kind contribution to ArtHaus. The proposed lease amendment extends the term for two years with an expiration date of June 30, 2016.

ArtHaus provides an important cultural element to the Town Center Redevelopment District as well as the community at large.  ArtHaus has been a good tenant and caretaker of the building. Accordingly, staff recommends approval of the lease amendment.

Staff recommends approving the Second Amendment to Lease Agreement with ArtHaus Foundation, Inc., a non-profit corporation, for the property located at 3840 Ridgewood Avenue; foregoing the monthly rental payments as an in-kind contribution to ArtHaus, and authorizing the Mayor and City Clerk to execute the said amendment to lease agreement on behalf of the City.

 

Item 19 -        Annual City Employees’ Group Health, Dental, and Life Insurance Renewal RFP #14-18

 

The City, in concert with its Agent of Record, Brown & Brown of Florida Inc., released a Request for Proposals for employee group health, dental and life insurances (RFP #14-18).  An employee committee consisting of representatives from each City department was formed to evaluate and rank the proposals.  After reviewing the responses from seventeen firms, the committee voted 7-2 to rank the current provider, Florida Health Care Plans, as the top proposal for group health insurance; 7-2 to rank Florida Combined Life, as the top proposal for group dental insurance; and 9-0 to rank Florida Combined Life as the top proposal for group life insurance.  A more detailed overview of the proposals and the committee ranking is provided in the materials accompanying this agenda item.

Staff recommends accepting the employee committee ranking of Florida Health Care Plans and Florida Combined Life as the top ranked firms for employee group health, dental and life insurances, and awarding contracts to the top ranked firms in accordance with their proposals, and authorizing the Mayor and City Clerk to execute these contracts on behalf of the City.

G.   FINANCE (Wayne Saunders)

 

Item 20 -        Monthly Finance Report

 

Attached is the Monthly Financial Report. If you have questions, please contact Wayne Saunders or me.

 

H.   COMMUNITY DEVELOPMENT (Wayne Clark)

 

Item 21 -        Second Reading – Ordinance no. 2014-13 – LDC Text Amendment/Chapter 17, Section 30 of the Land Development Code (LDC) relating to Planned Community-Riverwalk (PC-R) regulations

 

At its February 27, 2014 meeting, the Planning Commission recommended approval of the proposed amendments to modify the Planned Community – Riverwalk (PC-R) regulations to allow the City to develop the Riverwalk Park.  The existing PC-R zoning regulations, adopted in 2007, were created to support a large master planned mixed-use project to be developed primarily by one master developer on the 35± acre site.  That development concept has substantially changed since 2007 and the PC-R zoning regulations have to be amended to allow the conceptual Riverwalk Park to be formally designed and constructed.

 

The proposed amendments would allow public parks and related facilities to be constructed in all five “project type” categories that define the permitted uses in PC-R.  The amendments would also allow public parks to be developed consistent with existing development regulations applicable to park projects outside the PC-R zoning.  These existing development regulations provide standards for water, sewer, stormwater, signage, landscaping, transportation, parking and other aspects of design for parks. 

 

Staff recommends adopting Ordinance No. 2014 – 13 amending Chapter 17, Section 30 of the LDC, as recommended by the Planning Commission.

 

I.      CITY ATTORNEY (Margaret Roberts)

 

Item 22 -        City Attorney Comments

 

The City Council asked that the Agenda format include an agenda item that would allow the City Attorney to report and update City Council members.

 

J.    CITY MANAGER (Greg Kisela)

 

Item 23 -        Site Selection for Team Volusia East Volusia County Site Assessment Program

 

Team Volusia has engaged Boyette Strategic Advisors, an economic development consulting firm, to conduct an assessment of sites and/or facilities for the east side cities.  Two specific locations in the City must be identified for analysis.  Boyette will provide recommendations on how to address any challenges, how to capitalize on any significant assets related to the site and how it should be marketed in the future. 

 

Team Volusia is ready to begin scheduling of the East Volusia County sites assessment program and has requested that the City identify its two sites. Attached is a list of City-owned sites that are available for economic development purposes.  Private sites may also be considered with a willingness of the current owner. Staff is requesting input from the City Council to finalize Port Orange’s submissions.

 

Team Volusia will conduct a planning meeting with City representatives during the week of April 28; all materials for each site must be submitted by May 15; and Boyette plans to visit each site June 17 through 19.

 

Boyette will provide Team Volusia members with its analysis and recommendations for each site and the City will receive a copy of the final report.

 

Item 24 -        City Manager Comments

 

This has been placed on the agenda so that the City Manager can bring items to the City Council attention and to provide information to the City Council about ongoing city activities.

 

K.   COUNCIL COMMITTEE REPORTS

 

Item 25 -        Council Committee Reports

 

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

 

GAK/rlf