CITY OF DAYTONA BEACH, FLORIDA
       
THE CITY OF DAYTONA BEACH
REGULAR MEETING – CITY COMMISSION
JANUARY 4, 2012
CITY COMMISSION CHAMBERS
6:00 P.M.
 
AGENDA
 
Website Address – www.codb.us (City Clerk)
 
NOTICE- If any person decides to appeal any decision of the City Commission at this meeting, he will need a record of the proceedings and, for that purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City does not prepare or provide such a record.
 
       
For special accommodations, please notify the City Clerk’s Office at least 72 hours in advance. (386) 671-8020 Help for the hearing impaired is available through the Assistive Listening System. Receivers can be obtained from the City Clerk’s Office.
       
       
 
In accordance with the Americans with Disabilities Act (ADA), persons needing a special accommodation to participate in the Commission proceedings should contact the City Clerk’s Office not later than three days prior to the proceedings.
 
 
1. Roll Call.
 
2. Invocation.
 
3. Pledge of Allegiance to the Flag.
 
4. Approval of Minutes.
 
 4A.
Approval of Minutes




Approval of the minutes of the December 21, 2011, Regular City Commission Meeting will be presented at the January 18, 2012 Regular City Commission Meeting.




 
5. Agenda Approval.
 
THOSE MATTERS INCLUDED UNDER THE CONSENT AGENDA ARE SELF-EXPLANATORY AND ARE NOT EXPECTED TO REQUIRE REVIEW OR DISCUSSION. ITEMS WILL BE ENACTED BY ONE MOTION. IF DISCUSSION IS DESIRED BY ANY MEMBER OF THE COMMISSION, THAT ITEM MUST BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. (CITIZENS WITH CONCERNS SHOULD ADDRESS THOSE CONCERNS TO A MEMBER OF THE CITY COMMISSION OR STAFF).
 
 
6. Consent Agenda.
 
PLEASE NOTE: ITEMS PULLED FROM THE CONSENT AGENDA MAY BE REMOVED FROM CONSIDERATION BY THE CITY COMMISSION AND CONTINUED FOR TWO (2) WEEKS UNTIL THE NEXT REGULARLY SCHEDULED CITY COMMISSION MEETING. (ONLY MEMBERS OF THE CITY COMMISSION MAY REMOVE ITEMS FROM THE AGENDA).
 
 6A.Workers' Compensation Managed Care Arrangement - Discontinuance (pp. 9-13)

Resolution authorizing City staff to discontinue the Workers' Compensation Managed Care Arrangement initiated by Resolution 10-278.  The City is no longer required by Florida Statute 440.134 to enter into a Managed Care Arrangement (MCA), which consists of a network of contracted medical providers for its Self-Insured Workers' Compensation program.  Therefore, Risk Management is requesting authorization to discontinue the MCA with the State of Florida as of March 1, 2012.

            Recommendation:  Human Resources Director and Risk Manager 
            recommend adoption of the Resolution.
 
 6B.City Medical Director - Request for Proposals (RFPs) (pp. 14-21)

Resolution authorizing the City staff to issue a Request for Proposal (RFPs) for Medical Director.  The City is no longer required by Florida Statute 440.134 to enter into a Managed Care Arrangement (MCA) for its Self-Insured Workers' Compensation program.  If MCA is discontinued there will no longer be the need for a Managed Care Coordinator which is one of the three services currently provided under Dr. Eugene Crouch's contract pursuant to Resolution 09-19 (Attachment B).  This current contract is due to expire on February 29, 2012.  Due to this change in the scope of services, Risk Management is requesting permission to go out to bid for a Medical Director to perform the services of pre-employment physicals, fit for duty screenings, and consulting services for the City's Occupational Nurse.  The contract effective date will begin on March 1, 2012. 

            Recommendation:  Human Resource Director and Risk Manager 
            recommend adoption of the Resolution.
 
 6C.Police Department - Vehicle Rental  (pp. 22-31)

Resolution authorizing the rental of nine (9) unmarked vehicles for the undercover unit from Enterprise Leasing Company of Orlando, LLC (Enterprise) 5442 Hoffner Avenue, Orlando, FL  32812.  The Seminole County Sheriff's Department has a Preferred Rate Agreement for two (2) years commencing October 1, 2010 through September 30, 2012.  Total cost not to exceed $67,500 at a rate of $625/month per vehicle (this covers October-December 2011 payments and January-September 2012) which includes coverage of all maintenance, and tire replacement.  Funds available in the General Fund and the Federal Forfeiture Trust Fund.

            Recommendation:  Chief of Police recommends adoption of the Resolution.

 
 6D.Utilities Department - Fairway Estates Cured-In-Place Pipe (CIPP) Rehabilitation Services - Approval - Continuing Services Contract Renewal (pp. 32-45)

Resolution authorizing Cured-In-Place Pipe (CIPP) rehabilitation services, in an amount not to exceed $382,906.31, with Insituform Technologies, Inc., 6972 Business Park Blvd., Jacksonville, FL 32256, under the continuing services agreement approved by Resolution No. 11-98.  The scope of work includes the CIPP rehabilitation of approximately 13,244 linear feet of existing deteriorated 8" sanitary sewer main system within the Fairway Estates subdivision (Lift Station #6 service area); and exercising the City’s option to renew the continuing services contract for an additional one-year term, April 1, 2012 to March 31, 2013, under the same terms and conditions, allowed for in Resolution 11-98.  Funds available in the Water and Wastewater Improvement Fund.

            Recommendation:  Utilities Director recommends adoption of the Resolution.
 
7. Discussion.
 
 7A.Discussion - Midtown Site Plan Review Procedures (pp. 46-104)

Discussion of proposed changes to site plan review procedures for the Midtown Redevelopment Area.  Continued by City Commission from the September 7, 2011 meeting.
 
8. Public Hearings.
 
 8A.North Ridgewood Overlay Area - Land Development Code Text Amendment (pp. 105-139)

Ordinance on first reading - PUBLIC HEARING - amending the Land Development Code (LDC), Article 4, Land Development Orders and Procedures and Article 16, Overlay Classifications and Regulations, to establish regulations for the North Ridgewood Overlay Area and to prohibit specific uses within the designated overlay area.  Applicant:  Development and Administrative Services Department, Planning Division.

            Richard Walton, Planning Director, to report.

            Recommendation:  Planning Board recommends approval 9-to-0/wconditions.
            Action:  Motion to pass the Ordinance on first reading.
                  Note:  If passed, Public Hearing, January 18.
 
 8B.North Ridgewood Overlay Area - Rezoning (pp. 140-168)

Ordinance on first reading - PUBLIC HEARING - approving a rezoning request to apply the North Ridgewood Overlay Classification to an area generally located between Spruce, Aberdeen and Revere Streets, to the west, Mason Avenue to the north, Beach Street to the east and George W. Engram Boulevard and Fairview Avenue to the south.  The purpose of the rezoning is to establish an overlay classification in the  North Ridgewood Area, to reduce possible negative impacts to the North US-1 corridor that may result from changes in surrounding redevelopment areas; and to provide a restriction of uses that may be located, or re-located to the area as a result of Redevelopment Area restrictions.  Applicant: Development and Administrative Services Department, Planning Division.

            Richard Walton, Planning Director, to report.

            Recommendation:  Planning Board recommends approval 9-to-0.
            Action:  Motion to pass the Ordinance on first reading.
                  Note:  If passed, Public Hearing, January 18. 
 
 8C.Prohibition of Convenience Stores in the Midtown Redevelopment Area - Land Development Code Text Amendment (pp. 169-271)

Ordinance on first reading - PUBLIC HEARING - amending the Land Development Code (LDC) Article 12, (Redevelopment Areas and Districts) to prohibit convenience stores in the Midtown Redevelopment Area and revising Article 2 (Definitions).  Applicant:  Development and Administrative Services Department, Redevelopment Division.

            Richard Walton, Planning Director, to report.

            Recommendation:  Planning Board recommends approval 8-to-1.
            Action:  Motion to pass the Ordinance on first reading.
                  Note:  If passed, Public Hearing, January 18.
 
9. Administrative Items.
 
 9A.Budget Amendment  (pp. 272-277)

Ordinance on first reading - amending Ordinance No. 11-218, which adopted the 2011-2012 budget, in order to increase revenues by $19,650; and increase expenditures by $19,650. 

            Laurie Matta, Chief Financial Officer, to report.

            Recommendation:  Chief Financial Officer recommends passing the Ordinance
            on first reading.
            Action:  Motion to pass the Ordinance on first reading.
                  Note:  If passed, Public Hearing, January 18.
 
 9B.Advanced Transit Manufacturing (ATM) - Qualified Target Industry (QTI) approval - Qualified Brownfield Business Approval - Exemption of Ad Valorem Tax - Local Financial Support Approval  (pp. 278-295)

Ordinance on first reading - approving an exemption of ad valorem tax and recommending Fortitude Transit Inc., D/B/A Advanced Transit Manufacturing (ATM) to the state as a Qualified Target Industry (QTI) Business and Qualified Brownfield Business pursuant to S.288.106 and S.288.107 Florida Statutes; affirming the site of this project as a designated Brownfield Area; and providing the required Local Financial Support (LFS) for ATM to participate in the Florida Brownfield Refund Bonus Redevelopment State incentive program in the form of an exemption of ad valorem tax and cash.  ATM is a manufacturing business currently located in Canisteo, New York that is considering a location at 1871 Mason Avenue within the City's Aeronautical Educational Redevelopment Opportunities (AERO) Research Park Brownfield.  ATM plans to purchase a 33,000 square foot building; create 50 new target industry jobs with an annual average wage of $36,260 in its first three years; and set a City resident hiring goal of 50 percent.  The LFS required by the State is $25,000, of which $10,540 shall be provided by an exemption of ad valorem tax and $14,460 in cash.  ATM meets the criteria adopted by Resolution No. 02-271 to receive the exemption.  The Economic Development Advisory Board at their December 14, 2011 meeting unanimously recommended approval of the ad valorem tax exception schedule:  years 1-2 at 100%, years 3-4 at 75%, years 5-6 at 50%, and year 7 at 25%  Funds available in the General Fund. 

            Emory Counts, Economic and Community Development Director, to report.

            Recommendation:  Economic and Community Development Director
            recommends passing the Ordinance on first reading.
            Action:  Motion to pass the Ordinance on first reading.
                  Note:  If passed, Public Hearing, February 1.
 
 9C.Planning Board - Appointments ( pp. 296-305)

Resolution appointing three (3) members to the Planning Board.  The membership terms of Jeff Hurt, Louis L. Moore (Zone 4) and Cathy Washington (Zone 6) expired on December 31, 2011.  The board shall consist of eleven (11) members, at least one (1) from each Zone in the City, but no more than two (2) from any one (1) Zone (vacancies to rotate to Commissioner with less than two (2) representatives on board).  Terms are for four (4) years; must be qualified electors in City and hold no other City office.  Member-appointed chair can serve a maximum of two consecutive one-year terms.  We have received new applications from Jeff Hurt, Louis L. Moore (Zone 4) and Cathy Washington (Zone 6).

               Betty Goodman, Assistant City Manager, to report.

               Recommendation:   Commission action.
               Action:  Motion to adopt the resolution. 
 
10. Citizens.
 
 10A.PUBLIC COMMENT BY PEOPLE ADDRESSING THE CITY COMMISSION.

 
11. Comments and inquiries from the City Commission - City Manager and City Attorney report.
 
12. Adjournment.