CITY OF DAYTONA BEACH, FLORIDA
       
THE CITY OF DAYTONA BEACH
REGULAR MEETING – CITY COMMISSION
FEBRUARY 15, 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 November 10, 2011 Bike Week Sponsorship Workshop, the minutes of the December 8, 2011, City Commission Roundtable Discussion, the minutes of the December 12, 2011 Special City Commission Meeting - Shade Meeting for Cleavon Parris v. The City of Daytona Beach, the minutes of the December 21, 2011, Special City Commission Meeting - Shade Meeting for Cleavon Parris v. The City of Daytona Beach, and the minutes of the February 1, 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. Presentation.
 
 6A.Presentation - Joyours "Pete" Gamble  (pp. 12-14)

A presentation to Joyours “Pete” Gamble for his dedicated service to the Daytona Beach Housing Authority will be made by Mayor Glenn Ritchey.
 
 6B.BEAUTIFICATION AWARDS - February 2012  (pp. 15-17)

Residential Award:

Michael and Betty Crooms, 1605 Florida Street, Commissioner Patrick Henry, Zone 5, to present.

Commercial Award:

Pelican Bay Professional Village, 1112 Pelican Bay Drive, Mayor Glenn Ritchey to present.
 
 
7. 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).
 
 7A.Allocation of Bike Week Sponsorship Funds  (pp. 18-27)

Resolution authorizing payment in the amount of:

$350 to the Delta Sigma Theta Sorority, Inc. for the Dr. Betty Shabazz Delta Academy Program; and $250 to the National Council of Negro Women, Inc, for its annual NCNW Black History Brain Bowl competition from the Bike Week Sponsorship Fund of Commissioner Patrick Henry.  Funds available in the General Fund. 

$200 to Healthy Start for Lifesong and $200 to National Council of Negro Women for the Brain Bowl from the Bike Week Sponsorship Fund of Commissioner Cassandra Reynolds.  Funds available in the General Fund. 

$750 to Early Learing Coalition of Flagler & Volusia, from the Bike Week Sponsorship Fund of Commissioner Kelly White.  Funds available in the General Fund.

            Recommendation: Chief Financial Officer recommends adoption of the 
            Resolution.
 
 7B.Victim of Crime Act (VOCA) Program - Grant Application - Submission and Acceptance  (pp. 28-34)

Resolution authorizing the submission and acceptance (if funded) of a Grant Application to the State of Florida, Office of the Attorney General, Victims of Crime Act (VOCA) Program in the amount of $38,101, with a required $9,525 match for a total of $47,626, to fund the continuation of the Police Department's VOCA Program; and to authorizing the City Manager or his designee to execute any agreement relating to this grant application.

            Recommendation:  Chief of Police recommends adoption of the Resolution.
 
 7C.Settlement of Claim - Darrell Harris  (pp. 35-38)  

Resolution authorizing payment in the amount of $15,000 to Darrell Harris and his attorney, Mitchell Wrenn, for release and full settlement of all claims in connection with a July 21, 2011 arrest.  Funds available in the Consolidated Insurance Fund.

            Recommendation:  City Attorney recommends adoption of the Resolution.

 
 7D.Eastern Volusia Regional Water Authority (EVRWA) Interlocal Agreement - Florida Auditor General Rule - Acceptance (pp. 39-49)

Resolution accepting the Eastern Volusia Regional Water Authority (EVRWA) Interlocal Agreement to incorporate the audit requirements provided for by the Florida Auditor General Rule, Chapter 10.550.  The EVRWA recently approved Resolution No. 12-02, to modify the language of the EVRWA Interlocal Agreement regarding the audit requirements.  This is a financially appropriate modification.  There is no funding required for this action. 

            Recommendation:  Utilities Director recommends adoption of the Resolution.
 
 7E.Disposition of Surplus Vehicles  (pp. 50-58)

Resolution authorizing the City Manager or his designee to dispose of surplus property by donating the three 2003 Ford Crown Victoria sedans to Bethune Cookman University, 640 Dr. Mary McLeod Bethune Blvd., Daytona Beach, FL and donating two Ford E350 trucks, and one 1998 Chevrolet cargo van to the Tomoka Correctional Institution, 3950 Tiger Bay Rd., Daytona Beach, FL.  All of these vehicles are in poor condition and have been determined as unusable by the City.  The Purchasing Manual provides for disposal of assets by scrapping (removal of useful parts, sale of scrap metal, and/or disposal in an approved landfill), donation, trade (vehicle trade-ins), sealed bid, auction (including electronic auction), or by any other means approved by the City Manager or his designee that best benefits the City pursuant to the Purchasing Manual.

            Recommendation:  Chief Financial Officer recommends adoption of the 
            Resolution.
 
 7F.City Medical Director - Proposal Acceptance  (pp. 59-71)

Resolution accepting the proposal from Dr. Eugene Crouch for the City's Medical Director for a one-year contract for the period March 1, 2012 through February 28, 2013.  The previous contract with Doctor Crouch to act as Medical Director and Managed Care Arrangement Coordinator Physician and Primary Care Physician for the City’s Workers’ Compensation Managed Care Arrangement expired on February 29, 2012.  A selection Committee met on January 31, 2012 and recommends acceptance of the proposal from Dr. Eugene Crouch.  Previously Dr. Crouch was paid $115,000 per annum payable monthly plus the cost of medications.   Under the new contract the Medical Director will bill for his services monthly and will be paid hourly for his/her medical consultation services and on a per fee basis for his/her fit for duty screenings and pre-employment physicals.  Funds available in the Consolidated Insurance Fund.                   

            Recommendation:  Human Resources Director and Risk Manager 
            recommend adoption of the Resolution.
 
 7G.Utilities Department - Stormwater System Cured-In-Place Pipe (CIPP) Rehabilitation Services - Approval  (pp. 72-81)

Resolution authorizing Cured-In-Place Pipe (CIPP) rehabilitation services, in an amount not to exceed $107,613.45, 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 1,228 linear feet of existing deteriorated stormwater pipes of variable size on North Beach Street (Mason Avenue to 2nd Street), including a section of the outfall pipe at the Halifax River.  Funds available in the Stormwater Improvement Fund.

      Recommendation: Utilities Director recommends adoption of the Resolution.
 
 7H.719 S. Martin Luther King (MLK) Boulevard  - Real Estate Contract - Approval  (pp. 82-98)

Resolution approving a Real Estate Contract for the purchase of 719 S. Martin Luther King (MLK) Boulevard, in the amount of $50,000 plus an amount not to exceed $1,500 in closing costs, for the purpose of site assembly and preparation for commercial redevelopment in the Midtown Redevelopment Area.  Funds available in the Midtown Redevelopment Area Fund.

            Recommendation:  Redevelopment Director recommends adoption of the
            Resolution.
 
8. Public Hearings.
 
 8A.Main Street Redevelopment Plan - 2011 Amendments   (pp. 99-141)

Ordinance on second reading - PUBLIC HEARING - approving amendments to the Main Street Redevelopment Plan that incorporates certain goals, policies, and objectives provided in the E-Zone Master Plan.  On September 14th the Main Street/South Atlantic Redevelopment Area Board voted to recommend to the Community Redevelopment Agency certain amendments to the Main Street Redevelopment Plan for the primary purpose of revising and adding goals, policies, and objectives that reference certain recommendations provided in the E-Zone Master Plan, and to remove references to the roundabout that the E-Zone Master Plan identified at the intersection of S. Atlantic Avenue and Main Street.  On September 22nd the Planning Board voted to approve the finding that the proposed amendments conform to the Comprehensive Plan.  On October 5th the Community Redevelopment Agency voted to recommend the City Commission approve the proposed amendments to the Main Street Redevelopment Plan as amended, and forward its recommendation to the City Commission, and directed staff to send notice to affected taxing districts.  (Continued from the November 2, 2011 Regular City Commission Meeting) 

            Reed Berger, Redevelopment Director, to report.

            Recommendation:  Main Street/South Atlantic Redevelopment Area Board
                                           voted 9-to-0 to approve.
                                           Planning Board voted 11-to-0 to approve.
                                           Community Redevelopment Agency voted 7-to-0
                                           to approve as amended.
            Action:  Motion to adopt the Ordinance.
 
 8B.Large Scale Comprehensive Plan Amendment – E-Zone Master Plan - DEV2011-054  (pp. 142-178)

Resolution - PUBLIC HEARING - authorizing transmittal of Large Scale Comprehensive Plan Amendments (LSCPA) to state agencies and local jurisdictions for review and comments prior to final adoption.  The amendments establish and overlay the E-Zone Future Land Use Map designation for 141.88 ± acres of land and the general location is in the core tourist area of the City.  Applicant:  Development and Administrative Services Department, Planning Division.  (Continued from the November 2, 2011 Regular City Commission Meeting)  

            Richard Walton, Planning Director, to report.

            Recommendation:  Deputy City Manager/Administrative Services recommends
            adoption of the Resolution.
            Action:  Motion to adopt the Resolution. 
 
 8C.Small Scale Comprehensive Plan Map Amendment - Fentress Storage  (pp. 179-215)

Ordinance on second reading  – PUBLIC HEARING - 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 adopt the Ordinance.
 
 8D.Rezoning - Planned Commercial Development (PCD) - Fentress Storage  (pp. 216-268)

Ordinance on second reading - PUBLIC HEARING - 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 adopt the Ordinance.
 
 8E.Rezoning - Planned Commercial Development (PCD) - Williams Square  (pp. 269-344)

Ordinance on second reading - PUBLIC HEARING - 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 adopt the Ordinance.
 
9. Administrative Items.
 
 9A.Affordable Housing Advisory Committee - Appointment  (pp. 345-351)

Resolution appointing one (1) member to the Affordable Housing Advisory Committee to fill the position of one not-for-profit affordable housing provider (NPAHP).  The board shall consist of eleven (11) members who may be recommended by the Mayor, or any City Commissioner and who shall be appointed by resolution of the City Commission for a two (2) year term, to include one home builder (HB), one banking or mortgage representative (BR), one labor representative (LR), one low income advocate (LIA), one for-profit affordable housing provider (FPAHP), and one real estate professional (REP), one not-for-profit affordable housing provider (NPAHP), one member of the Planning Board (PB) ,one person who is a City resident (CR), one person who represents employers within the City(CE), one person who represents essential services personnel (ES).
 
We have received one qualifying application from Nancy Wahby. 

               Betty Goodman, Assistant City Manager, to report.

               Recommendation:  Commission action.
               Action:  Motion to adopt the Resolution.
 
 9B.Board of Adjustment - Appointment  (pp. 352-356)

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.
 
 9C.Community Development Advisory Board - Appointments  (pp. 357-362)

Resolution appointing one (1) member to the Community Development Advisory Board.  The membership term of Martin Tooley expired on 12/31/11 and he would like to be reappointed.  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 member and the Mayor shall appoint two members.

There are no additional applications for this position from Zone 6.
 
               Betty Goodman, Assistant City Manager, to report.

               Recommendation:   Commission action.
               Action:  Motion to adopt the Resolution.
 
 9D.Downtown-Ballough Road Redevelopment Area Board - Appointments  (pp. 363-386)

Resolution appointing six (6) members to the Downtown Ballough Road Redevelopment Area Board.  The membership terms of Larry Robinson, Robert Johnson, Alvin Smith, Jr., Steven Koenig, Robert Abraham, Harold Goodemote and Stan Hoelle expired on 12/31/11. We have received applications for reappointment from Larry Robinson, Robert Johnson, Alvin Smith, Jr., Steven Koenig and Stan Hoelle.  The board shall consist of nine (9) members and one (1) alternate as follows:  One (1) member of the Downtown Development Authority, who shall serve ex-officio(DDA), two (2) members who reside in or have their principal place of business in the Ballough Road Redevelopment Area(BRRA), two (2) members who reside in or have their principal place of business in the Downtown Redevelopment Area(DRA), two (2) members who reside in the City or have their principal place of business in the Downtown or Ballough Road Redevelopment Areas(CR-D/BRRA), a member of the Planning Board(PB), a member who is a design professional(DP) ; and an alternate member(AM) who is a design professional and who shall serve as a member of the Board only when the design professional member is not available. The members serve for terms of two (2) years.
 
We have received additional qualifying applications from:  Stephanie Benedict, John Shanks, Jr. and Ylian Snyder. 

               Betty Goodman, Assistant City Manager, to report.

               Recommendation:  Commission action.
               Action:  Motion to adopt the Resolution.
 
 9E.Main Street-South Atlantic Redevelopment Area Board - Appointments  (pp. 387-430)

Resolution appointing six (6) members to the Main Street-South Atlantic Redevelopment Area Board.  The membership terms of David LaMotte, Timothy Kostidakis, Dino Paspalakis, Virginia Brown, Truman Gee, William Chapin and Daniel Webster have expired. We have received applications for reappointment from Timothy Kostidakis, Dino Paspalakis, Daniel Webster and William Chapin.  The board shall consist of nine (9) members and an alternate serving for staggered terms two (2) year appointed by the City Commission, two (2) members who reside in or have their principal place of business in the South Atlantic Redevelopment Area (SARA); two (2) members who reside in or have their principal place of business in the Main Street Redevelopment Area (MSRA); three (3) members who reside in the City or have their principal place of business in the South Atlantic or Main Street Redevelopment Areas (CR/MS/SA); 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 ex-officio and the design professional, shall serve more than two (2) consecutive terms. A majority of members of the board must reside in the City.  We have received additional qualifying applications from:  Mike Chuven, John Nicholson, Suzanne Ramsey, John Shanks, Jr., Tim Davis, Celeste Doliner, Daniel Donkel, Arlow Triplett, Jr., Peter Henri Williamson, Gilbert Myara, John DiGuilio, Bill Bailey and Shiela McKay-Vaughan. 

               Betty Goodman, Assistant City Manager, to report

               Recommendation:  Commission action.
               Action:  Motion to adopt the Resolution.
 
 9F.Nuisance Abatement Board - Appointment  (pp. 431-435)

Resolution appointing one (1) member to the Nuisance Abatement Board.  The membership term of James Daniel expired on 11-30-11 and he would like to be reappointed. 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 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.  There are no additional applications for 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.