CITY OF DAYTONA BEACH, FLORIDA
       
THE CITY OF DAYTONA BEACH
REGULAR MEETING – CITY COMMISSION
FEBRUARY 1, 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 January 18, 2012, Regular Meeting of the City Commission, held Wednesday, at 6:00 p.m., in the Commission Chambers, City Hall, 301 South Ridgewood Avenue, Daytona Beach, Florida.
 
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.Bike Week Sponsorship Funds - Amendment  (pp. 12-17)

Resolution amending Resolution No. 11-297 which authorized payment in the amount of $450 to the Healthy Start Coalition of Flagler & Volusia Counties for the Midtown Eco Village Field Day Activities; and authorizing payment of funds directly to the Cultural Services Division for use of the City park.  Healthy Start Coalition of Flagler & Volusia Counties does not have 501(C)(3) status therefore the City could not give the funds directly to the organization.  The funds were donated from Mayor Glenn Ritchey and Commissioner Kelly White's Bike Week Sponsorship funds.

            Recommendation:  Support Services Director recommends adoption of the    
            Resolution.
 
 6B.Settlement of Claim - Gaver  (pp. 18-21)      

Resolution authorizing payment in the amount of $20,000 to Dennis Gaver and his Attorney, Matthew Romanick, for release and full settlement of all claims arising from injuries sustained as a passenger in a City prisoner transport vehicle involved in a March 23, 2011 collision.  Funds available in the Consolidated Insurance Fund.

            Recommendation:  City Attorney recommends adoption of the Resolution.
 
 6C.Bike Week 2012 Master Plan - Private Property - Amendment  (pp. 22-29)

Resolution amending the Bike Week 2012 Master Plan for Private Property, approving an additional application from Triumph the Church & Kingdom of God in Christ at 221 North Dr. Martin Luther King Boulevard for camping on their property as a fund raising activity. 

            Recommendation:  Deputy City Manager/Administrative Services recommends
            adoption of the Resolution.
 
 6D.Bike Week 2012 Master Plan - Public Property - Amendment  (pp. 30-39)

Resolution amending Resolution No. 12-15 that adopted the Bike Week 2012 Master Plan for Public Property, correcting the date for the suspension of parking regulations from March 9, 2012 through March 18, 2012 to March 2, 2012 through March 18, 2012.  

            Recommendation:  Support Services recommends adoption of the Resolution.

 
 6E.Insurance Archeology Services - Continuing Service Contract - Approval  (pp. 40-114)

Resolution approving a Continuing Services Contract with Eisenstein Malanchuk LLP, 1048 Potomac Street, NW, Washington, DC 20007 for Insurance Archeology Services, for the Clyde Morris Boulevard Brownfield site.  This site has the presence of a free product contaminant covering approximately 1.7 acres.  A preliminary estimate to remediate the associated site is in the order of five to ten million dollars.  The proposed first task will be to investigate historical documents to determine if a previous insurance policy may have been held by the City and more importantly, can be utilized to absorb some of the financial burden of the cleanup.  

            Recommendation:  Deputy City Manager/Operations recommends 
            adoption of the Resolution.            
 
 6F.Utilities Department - Stormwater System Cured-In-Place Pipe (CIPP) Rehabilitation Services - Approval   (pp. 115-122)

Resolution authorizing Cured-In-Place Pipe (CIPP) rehabilitation services, in an amount not to exceed $486,797.86, 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 3,963 linear feet of existing deteriorated stormwater pipes of variable size on Peninsula Drive, Mitchell Place, Elizabeth Lane (along the Halifax River) and Segrave Street.  Funds available in the Stormwater Improvement Fund.

            Recommendation:  Utilities Director recommends adoption of the Resolution.
 
 6G.Filter Bypass Project - Westside Regional Wastewater Treatment Plant (WWTP) - Bid No. 0312 -3540 - Low Bid Acceptance  (pp. 123-131)

Resolution accepting the lowest and best bid from L7 Construction, Inc., 2295 Springs Landing Boulevard, Longwood, FL 32779, for the installation of piping and electrical controls for the filter bypass project at the Westside Regional WWTP, in an amount not to exceed $208,140.  This project is required under a Florida Department of Environmental Protection (FDEP) consent order issued on March 30, 2010, in response to an isolated overflow of the sand filters.  The proposed improvements will provide a bypass of the filter process during emergencies to avoid any potential overflows.  Funds available in the Water and Sewer Improvement Fund.

      Recommendation:  The Utilities Director recommends adoption of the Resolution.
 
 6H.Sodium Hypochlorite System Proprietary Equipment - Brennan Water Plant - Sole Source Purchase  (pp. 132-138)

Resolution approving the sole source purchase of equipment for the existing sodium hypochlorite system, including labor to install, freight and start-up, used at the Brennan Water Plant from a sole source provider, Carter & Verplanck, P.O. Box 24169, Tampa, FL 33623, in an amount not to exceed $107,600.  Carter & Verplanck is sole source for the equipment and it is the only equipment suitable for the system, which is proprietary.  Funds available in the Water and Sewer Improvement Fund. 

            Recommendation:  Utilities Director recommends adoption of the Resolution.
 
7. Public Hearings.
 
 7A.Advanced Transit Manufacturing (ATM) - Qualified Target Industry (QTI) approval - Qualified Brownfield Business Approval - Exemption of Ad Valorem Tax - Local Financial Support Approval  (pp. 139-156)

Ordinance on second reading - PUBLIC HEARING - 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 adoption of the Ordinance.
            Action:  Motion to adopt the Ordinance.
 
 7B.Redistricting - Ordinance Amendment  (pp. 157-167)

Ordinance on second reading - PUBLIC HEARING – amending Ordinance No. 03-61, in order to re-designate the boundaries of each of the six City Commission Zones; finding such designations in accordance with the Constitution of the State of Florida and the United States of America; finding this Ordinance adopted in accordance with the City Charter, Sub-part A, Article II, Section 2.  Applicant:  Development and Administrative Services Department, Planning Division. 

            Richard Walton, Planning Director, to report.

            Recommendation:  Deputy City Manager/Administrative Services recommends
            adoption of the Ordinance.
            Action:  Motion to adopt the Ordinance.
 
 7C.Rezoning – Planned Commercial Development (PCD) – Golden Triangle  (pp. 168-208)

Ordinance on second reading – PUBLIC HEARING - approving a request to rezone 7.05± acres of land located at 2900 Bellevue Avenue, Daytona Beach, amending the existing Planned Commercial Development (PCD), to allow amusement, retail and restaurant uses on lot #1 and other minor site modifications to accommodate the proposed uses. Applicant: Mark S. Dowst, P.E., on behalf of Roby R. Epling, Jr., Managing Member, Epling Leasing Company.

            Richard Walton, Planning Director, to report.

            Recommendation:  Planning Board recommends approval 8-to-0. 
            Action:  Motion to adopt the Ordinance.
 
8. Administrative Items.
 
 8A.Small Scale Comprehensive Plan Map Amendment - Fentress Storage  (pp. 209-245)

Ordinance on first reading  – adopting a Small Scale Comprehensive Plan Map Amendment changing the Future Land Use Map designation for 1.20± acres of land located at 115 Executive Drive, changing the Future Land Use Map designation from Office Transition to General Industrial.  Applicant:  Mark Dowst, P.E., on behalf of Charles D. Hood, Jr., Fentress Daytona LTD.  

            Richard Walton, Planning Director, to report.

            Recommendation:  Planning Board recommends approval 10-to-0. 
            Action:  Motion to pass the Ordinance on first reading.
                  Note:  If passed, Public Hearing, February 15.
 
 8B.Rezoning - Planned Commercial Development (PCD) - Fentress Storage  (pp. 246-298)

Ordinance on first reading - rezoning 1.20± acres of land located at 115 Executive Drive, Daytona Beach, from Residential Professional (RP) to Planned Commercial Development (PCD), to allow the development of the property for personal recreational vehicle (RV) storage.  Applicant:  Mark S. Dowst, P.E., on behalf of Charles D. Hood Jr., Fentress Daytona LTD.

            Richard Walton, Planning Director, to report.

            Recommendation:  Planning Board recommends approval 10-to-0. 
            Action:  Motion to pass the Ordinance on first reading.
                  Note:  If passed, Public Hearing, February 15.
 
 8C.Rezoning - Planned Commercial Development (PCD) - Williams Square  (pp. 299-374)

Ordinance on first reading - rezoning 1.0± acres of land located on the southeast corner of Palmetto Avenue and Magnolia Avenue from Residential Planned Unit Development (RPUD) to Planned Redevelopment District (PRD), to allow for the development of a 15-unit single-family subdivision and associated improvements; and to enter into The William Square PRD Agreement, establishing development standards for a PRD.  Applicant:  Parker Mynchenberg, P.E., R.L.A., on behalf of John “Jack” White, Managing Member, The Williams Lofts LLC.

            Richard Walton, Planning Director, to report.

            Recommendation:  Planning Board recommends approval 8-to-0. 
            Action:  Motion to pass the Ordinance on first reading.
                  Note:  If passed, Public Hearing, February 15.
 
 8D.Code of Ordinances - Contracts and Purchasing - Amendment  (pp. 375-403)   

Ordinance on first reading - amending Chapter 30 of the City Code to replace the current code provisions relating to procurement of goods and services, clarifying procurement methods, increasing City Manager’s expenditure limit for general procurements from $25,000 to $40,000 and for professional entertainment services at certain City venues from $75,000 to $150,000, providing the City Manager authority to administer procurement contracts including limited authority to approve change orders, contract extensions, and contract renewals, establishing procedures for disposition of City equipment and materials; and amending Section 46-92 of the Code to allow multi-year leases and multi-year procurements to be approved by resolution.              

            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, February 15.
 
 8E.Board of Adjustment - Appointment  (pp. 404-408)

Resolution appointing one (1) member to the Board of Adjustment.  The board shall consist of seven (7) members and one (1) alternate, two (2) members shall be at large and one (1) member shall be appointed from each of the Commission zones.  The Mayor shall nominate at-large members, including the alternate.  Members shall serve staggered terms of three (3) years terms. Must be a qualified elector of the City and reside within the zone for which appointed.

The representative from Zone 6 resigned from this board due to the appointment to another board where dual office holding applies.  We have received one application:  Paula Reed.
 
               Betty Goodman, Assistant City Manager, to report.

               Recommendation:  Commission action.
               Action:  Motion to adopt the Resolution.
 
 8F.Community Development Advisory Board - Appointments  (pp. 409-439)

Resolution appointing eight (8) members to the Community Development Advisory Board.  The membership terms of all eight (8) members of this board expired on 12/31/11.  The board shall consist of eight (8) members serving two (2) year terms, expiring December 31 of odd numbered years. Members must be electors of the City, or be engaged in a business or occupation in the City and hold no elective office.  Each Commissioner shall appoint one (1) member and the Mayor shall appoint two (2) members.

The following individuals would like to be reappointed:  Norma Bland and Ruth Trager (At large), Brian Rothwell (Zone 1), Billie Birdsong (Zone 2), Santokh Chhina (Zone 3), Bettye Bates (Zone 5) and Martin Tooley (Zone 6).  We have additional applications from Stephanie Benedict (Zone 1), Daniel Donkel and Arlow Triplett, Jr.(Zone 2), John Shanks, Jr. and Ericka Sipp (Zone 5). 

               Betty Goodman, Assistant City Manager, to report.

               Recommendation:  Commission action.
               Action:  Motion to adopt the Resolution.
 
 8G.Midtown Redevelopment Area Board - Appointments  (pp. 440-452)

Resolution appointing two (2)  members to the Midtown Redevelopment Area Board.  The membership term of Kenneth McGee has expired and he would like to be reappointed. There is an additional opening for an individual who reside in or have their principal place of business in the Midtown redevelopment Area. The board shall consist of nine (9) members serving for staggered terms of two (2) years appointed by the City Commission, five (5) members who reside in or have their principal place of business in the Midtown Redevelopment area (MRDA); two (2) members who reside in the City (city); one (1) member of the Planning Board (PB); one (1) member who is a Design Professional (DP); and one (1) alternate member who is a Design Professional (ADP) and who will serve only in the absence of the Design Professional member. No member, except the design professional, shall serve more than two (2) consecutive terms.  A majority of members of the board must reside in the City.  

Mr. McGee would like to be reappointed as the Design Professional.  We have another individual that meets the requirements of design profession, John Shanks, Jr.  Applicants that meet the requirement of a member who reside in or have their principal place of business in the Midtown Redevelopment Area are as follows:  Pierre Louis and Margaret Symonette. 

               Betty Goodman, Assistant City Manager, to report.

               Recommendation:  Commission action.
               Action:  Motion to adopt the Resolution.
 
 8H.Nuisance Abatement Board - Appointments  (pp. 453-475)

Resolution appointing seven (7) members to the Nuisance Abatement Board.  The membership terms of all members on the Nuisance Abatement Board expired on 11-30-11. The board shall consist of seven (7) members serving two (2) year terms to commence December 1st, of odd-numbered years; must be registered electors of the City with one (1) member from each zone; the Mayor’s appointment to be a state licensed attorney with trial experience and to serve as Chair of the board. 

The following individuals would like to be reappointed:   Paul Rice, Jr. (Mayoral), Ed Savard (Zone 1), Carl Fields (Zone 2), John Nicholson (Zone 3), Victor Gooden (Zone 4),  James Daniel (Zone 6).  We have received additional applications from the following:  Jonathan Pond (Zone 1), Ken Ali (Zone 1), Bill Bailey (Zone 3), Norma Bland (Zone 5).

               Betty Goodman, Assistant City Manager, to report.

               Recommendation:  Commission action.
               Action:  Motion to adopt the resolution.
 
9. Citizens.
 
 9A.PUBLIC COMMENT BY PEOPLE ADDRESSING THE CITY COMMISSION.

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