THE CITY OF DAYTONA BEACH
REGULAR MEETING – CITY COMMISSION
APRIL 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 March 21, 2012 Regular City Commission Meeting, held 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.Neighborhood Revival Awards Presentation (10-11)

Presentation of  Neighborhood Revival Awards by Save Our Neighborhoods.  The award is to encourage and recognize residential and commercial reinvestment.  Awards are being presented to:  James Rice and Robin Pasternak, 331 Hillside Avenue, Daytona Beach, FL and Richard and Pam Gorle, 148 Michigan Avenue, Daytona Beach, FL.             

            Jack White, Award Sponsor and Save Our Neighborhood member, 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.Space Needle - Request for Proposals (RFP)  (pp. 12-14)

Resolution authorizing City staff to issue a Request for Proposals (RFP) to solicit proposals from qualified vendors to utilize and/or convert the Space Needle into an amusement feature.  Joe's Crab Shack is scheduled to open their restaurant on the pier in late May of this year.  In order to compliment Joe's Crab Shack's renovation of the pier Casino building and attract more tourists, the City would need to ascertain what improvements can be made to the Space Needle to achieve a world class, premier amusement feature.

            Recommendation:  Interim Chief Financial Officer recommends adoption of 
            the Resolution. 
 
 7B.Utilities Department - Meter Replacement - Automatic Meter Reading (AMR) Installation - Request for Proposals (RFP)  (15-17)

 
 7C.Surplus Property - Declaration and Sale  (pp. 18-52)

Resolution declaring seven (7) City-owned real properties as surplus; and authorizing the City Manager or his designee to delete the properties from the City's inventory and to dispose of through a sealed bid process to the highest bidder approved by the City Commission. The property value of the seven (7) properties are valued at $124,776. 

            Recommendation:  Support Services Director recommends adoption of the 
            Resolution.
 
 7D.Insurance Coverage - Employee Health, Dental, & Ancillary - Proposal Acceptance  (pp. 53-74)  

Resolution accepting the proposals submitted by Brown & Brown of Florida, Inc. recommending the City continue health insurance coverage with the incumbent, Florida Health Care Plans, Inc., PO Box 9910, Daytona Beach, Florida, 32120; accepting dental insurance coverage from Guardian Life Insurance Company of America, 1511 North West Shore Boulevard, Suite 600, Tampa FL 33607; and continuing ancillary coverages including Group Life, Accidental Death and Dismemberment, Long Term Disability, Dependent Life , Supplemental Group Life and AD&D through Lincoln Financial, 1800 Pembroke Dr Orlando, FL  32810, for a one-year (1) period May 1, 2012 through April 30, 2013. 

Florida Health Care Plans, Inc offers a choice of three (3) plans, the HMO LD1,  the Balance Triple Option LD3, and the HDHP-HSA L94.   By selecting these different plans the City and its employees will not experience an increase in premium for the HMO and the Triple Option Plans or High Deductible Plan.  The City will pay a portion of the premiums and employees and retirees paying the remainder through payroll deductions or direct payment.  While the renewal rate is unchanged from last year's premium amount, this year's health plan includes the additional benefit of the Florida Health Care Plans Preferred Fitness Program rider.  This program provides free gym access to all covered employees and their covered adult dependents to over forty participating gyms in the area.  It is recommended the City elect dental insurance coverage with Guardian Life Insurance Company of America with a 0% rate increase.  Premiums are paid by employees and retirees through payroll deductions or direct payment. It is recommended the City elect the renewal proposal with Lincoln Financial, 1800 Pembrook Dr. Orlando, FL 32810 to provide group life and accidental death & disability insurance, voluntary group life and accidental death & disability insurance and long term disability insurance. Funds available in the Consolidated Insurance Fund.                                 

            Recommendation:  Human Resource Director and Risk Manager recommend
            adoption of the Resolution.
 
 7E.Fire and/or Rescue Service Mutual Aid – Interlocal Agreement - First Amendment Modification  (pp. 75-99)

Resolution approving the modification of the First Amendment to the Interlocal Agreement for Fire and/or Rescue Service Mutual Aid, between The City of Daytona Beach and the Public Agencies of Deland, Daytona Beach Shores, Edgewater, Holly Hill, New Smyrna Beach, Orange City, Ormond Beach, Port Orange, South Daytona, Deltona, Town of Ponce Inlet and Volusia County.  This amendment modifies the effective date to the Interlocal Agreement adopted in 2011 (Resolution 11-225) to a five-year period in effect until October 24, 2016 and modifies Attachment A to the Agreement.

            Recommendation:  Fire Chief recommends adoption of the Resolution.
 
 7F.Windy City Bar & Grill - Sidewalk Cafe License Agreement - Approval  (pp. 100-118)

Resolution approving the request by S&D Ventures, Inc (Windy City Bar & Grill) for a sidewalk license agreement to provide outdoor table service in the RDD-1 (Beach Street retail) zoning district at 230 South Beach Street.  The Downtown/Ballough Road Redevelopment Area Board recommended approval 8-to-0.  

            Recommendation:  Redevelopment Director recommends adoption of the 
            Resolution.
 
 7G.Truck Scale System -   LPGA Water & Wastewater Plant Complex -  Bid No. 0112-0470 - Lowest and Best Bid Acceptance  (pp. 119-129)

Resolution accepting the lowest and best bid from Mettler-Toledo, Inc., 1900 Polaris Parkway, Columbus, OH 43240, in an amount not to exceed $99,071.06, for the installation of a completed above-grade, fully electronic steel platform truck scale system at the LPGA Utilities Complex.  The scale system is needed  to weigh truckloads of sludge from both the Wastewater and Water Treatment Plants for accurate billing of the sludge hauling contracts at both facilities.  Currently, the weight is calculated based on estimated volumes in the trucks.  By installing a truck scale system, there will be no estimation required for billing purposes.  Funds available in the Water and Sewer Fund.

         Recommendation:   Utilities Director recommends adoption of the Resolution.

 
 7H.Midtown Cultural & Educational Center Furniture & Equipment - Low Bid Acceptance  (pp. 130-160)

Resolution accepting the low bid (Bid Number 0212-0680) from Holmes & Brakel, Business Interiors, 8933 Western Way, Suite 2, Jacksonville, FL 32256, in an estimated amount of $55,570.40, for the purchase of Lot 1 Furniture ($33,744.40) and Alternate 1 MityLite Tables, Chairs, Dolly ($21,826.00); and accepting the low bid from School Specialty, Inc., 100 Paragon Parkway, Mansfield, OH 44903, in an estimated amount of $28,832.92, for the purchase of Lot 2 Art Supplies ($10,308.07) and Lot 3 PE Supplies ($18,524.85); and the estimated amount of $10,050, to the Information Technology Department for system setup.  Funds available in the Capital Projects Fund.

            Recommendation:  Deputy City Manager/Administrative Services 
            recommends adoption of the Resolution.
 
8. Public Hearings.
 
 8A.Prohibited Commercial Uses in the North Ridgewood Area - Land Development Code Text Amendment  (pp. 161-179)

Ordinance on first reading – PUBLIC HEARING - amending the Land Development Code (LDC), Article 16, Overlay Classifications and Regulations, Section 8.3 (North Ridgewood Classification:  Prohibited Uses), to prohibit certain commercial uses in the North Ridgewood Area.  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, April 18.
 
 8B.Large Scale Comprehensive Plan Amendment – Tarragona Shoppes  (pp. 180-207)

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 includes a map amendment changing the Future Land Use Map designation from Office Transition to Low Intensity Commercial for 2.47± acres of land located at 1173 International Speedway Boulevard (ISB); and amending issues and policies to Neighborhood “M” of the Future Land Use Element in the Comprehensive Plan, to allow commercial development along the south side of West International Speedway Boulevard, between Nova Road and Clyde Morris Boulevard.  Applicant:  Paul F. Holub Jr., on behalf of Speedway Investors, LLC.   Continued from the March 7, 2012 Regular City Commission Meeting.           

            Richard Walton, Planning Director, to report.       
     
            Recommendation:  Planning Board recommended denial 7-to-2.             
            Action:  Motion to adopt the Resolution.  (Must be approved by a super 
            majority vote of the City Commission)
 
 8C.Embry-Riddle Aeronautical University - Comprehensive Sign Plan Modification   (pp. 208-245)

Resolution – PUBLIC HEARING - approving a Comprehensive Sign Plan (CSP) for Embry-Riddle Aeronautical University (ERAU), located at 600 South Clyde Morris Boulevard.  The CSP identifies all existing and proposed signs on the ERAU main campus.  Applicant:  Robert A. Merrell, III, Esquire, Cobb Cole, on behalf of Chris Hardestry, Embry-Riddle Aeronautical University (ERAU).   

            Richard Walton, Planning Director, to report.

            Recommendation:  Planning Board recommends approval 8-to-1. 
            Action:  Motion to adopt the Resolution.
 
9. Administrative Items.
 
 9A.Fraternal Order of Eagles - Rezoning  (pp. 246-264)

Ordinance on first reading - rezoning 1.15± acres of land located on the north side of Beville Road from R3 – Multifamily, to RP – Residential Professional.  The proposed rezoning will allow for the subject property to qualify for a Special Use Permit allowing Clubs and Lodges on the site.  The applicant has submitted a concurrent Special Use Permit for review.  Applicant:  James S. Morris, Esq., on behalf of Jerry Macklefresh, Fraternal Order of Eagles Aerie #4401, Inc.    

            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, April 18.
 
 9B.Waste Pro Services of Florida, Inc. - Solid Waste Collection Franchise Agreement – Extension Negotiation – Approval   (pp. 265-271)

Resolution authorizing the City Manager to commence negotiations with Waste Pro Services of Florida, Inc., 925 S. Clyde Morris Boulevard, Daytona Beach, FL 32114, for extension of the City’s Solid Waste Collection Franchise Agreement. Consistent with Section 5 of the Solid Waste Franchise Agreement, Waste Pro provided the City with the attached letter of March 7, 2012, formally requesting to enter into negotiations for the extension of their Franchise Agreement with the City.      

            Ron McLemore, Deputy City Manager/Operations, to report.  
 
            Recommendation: Deputy City Manager/Operations recommends adoption 
            of the Resolution. 
            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.