CITY OF DAYTONA BEACH, FLORIDA
       
THE CITY OF DAYTONA BEACH
REGULAR MEETING – CITY COMMISSION
JUNE 6, 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 April 4, 2012 Fees Workshop - City Commission, the minutes of the April 18, 2012 Strategic Planning Meeting - City Commission, the minutes of the May 2, 2012 Regular City Commission Meeting, and the minutes of the May 16, 2012 Strategic Planning Meeting - City Commission, held 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 - Volusia County Health Department Walkability Audit  (pp. 13-15)

Suzanne Grubbs from the Volusia County Health Department, will be presenting the results from the Walkability Audit that was held on May 2, 2012 as part of the Environmental Protection Agency's Building Blocks for Sustainable Communities Technical Assistance program.

               Suzanne Grubbs, Volusia County Health Department, to present.
 
 6B.Community Public Art Pilot Project - Presentation  (pp. 16-18)

City Commissioners Edith Shelley and Kelly White to provide a report on the Community Public Art Pilot Project.  The project involved art created by students from Daytona State College being placed in windows of vacant buildings. 

               Commissioner Edith Shelley and Commissioner Kelly White, to report.
 
 
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. 19-25)

Resolution authorizing payment in the amount of:
 
$500 to SMA Behavioral Healthcare National Recovery Month  from the Bike Week Sponsorship Fund of Mayor Glenn Ritchey.  Funds available in the General Fund.

$250 to the Halifax Historical Society and $200 to Alpha Kappa Alpha Sorority, Inc. Gamma Mu Omega Chapter for its 2012 Débutante Cotillion Program  from the Bike Week Sponsorship Fund of Commissioner Patrick Henry.  Funds available in the General Fund.  

            Recommendation:  Interim Chief Financial Officer recommends adoption of the
            Resolution. 
 
 7B.Daytona Beach Racing & Recreational Facilities – Grant Submission and Acceptance  (pp. 26-28)

Resolution authorizing the submittal of two (2) grant application to Daytona Beach Racing and Recreation Board in a total amount of $600,000; $300,000 for renovation and facility enhancements at Jackie Robinson Ballpark and $300,000 for construction of a gymnasium at the Yvonne Scarlett-Golden Cultural and Education Center; and authorizing acceptance of grant funds if approved and authorizing the City Manager or his designee to sign any documents in the furtherance of the grants.  There is no match required for this grant.                

            Recommendation: Government Relations Administrator recommends adoption
            of the Resolution.  
 
 7C.Settlement of Claim - Thomas O'Hare  (pp. 29-32)

Resolution authorizing payment to Thomas O'Hare and his attorney in the total amount of $25,000 for release of all claims against the City for injuries in connection with an automobile accident with a City vehicle on March 8, 2010.  Funds available in the Consolidated Insurance Fund.             

            Recommendation:  City Attorney recommends adoption of the Resolution
 
 7D.Halifax Harbor Plaza - Bright House Networks, LLC - Lease Agreement Amendment  (pp. 33-36)

Resolution amending the lease agreement between The City of Daytona Beach (Landlord) and Bright House Networks, LLC (Tenant) located at the Halifax Harbor Plaza, Suite 203, to extend the current agreement that expires on May 31, 2012 by six (6) months for a term to end November 30, 2012.

            Recommendation:  Support Services Director recommends adoption of the 
            Resolution. 
 
 7E.246 South Beach Street (Ivy Lane Bistro) - Sidewalk Café License Agreement - Approval  (pp. 37-46)

Resolution approving the request by Salvato 1017, LLC (Ivy Lane Bistro) for a sidewalk license agreement to provide outdoor table service in the RDD-1 (Beach Street retail) zoning district at 246 South Beach Street. 

            Recommendation:  Redevelopment Director recommends adoption of the 
            Resolution. 
 
 7F.Acceptance of Private Utilities for City Ownership and Maintenance - Pelican Bay  (pp. 47-50)

Resolution accepting ownership and maintenance of the existing private gravity sewer systems within certain areas of the Pelican Bay Community located specifically in Eastgate Townhomes, Sandpiper Lakes and Hawk's Landing subdivisions.   The City will accept ownership and maintenance of the gravity sewer mains and laterals, up to ten feet on each side of the main, contingent on the following conditions: 

1:  The HOA must provide easements for all portions of the sewer system that will become City responsibility. The easements must be in a form acceptable to the City Attorney.
2:  The HOA must continue to maintain the existing mains and portions of laterals being conveyed until date of acceptance.      

            Recommendation:  Utilities Director recommends adoption of the Resolution. 
 
 7G.Mutual Aid Agreement - Bunnell Police Department  (pp. 51-58)

Resolution approving a Mutual Aid Agreement between the Bunnell Police Department and the Daytona Beach Police Department effective until September 30, 2013. The agreement can be canceled by any party upon delivery of written notice to the other party. The agreement permits voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines; and provides for rendering of assistance of law enforcement emergency.

            Recommendation:  Chief of Police recommends adoption of the Resolution.
 
 7H.Florida Department of Law Enforcement and Child Abduction Response Team -Mutual Aid Agreement - Approval  (pp. 59-68)

Resolution approving the Mutual Aid Agreement with the Florida Department of Law Enforcement (FDLE) to join the Child Abduction Response Team. This agreement will enhance our capabilities in locating abducted children when they are taken within our City limits. Joining this Abduction Response Team will give the Police Department access to all resources FDLE has to offer in locating the abducted child and apprehend the suspect(s). The mutual aid agreement is effective through December 31, 2016.

            Recommendation:  Chief of Police recommends adoption of the Resolution.
 
 7I.Event Specific Operational Assistance - Mutual Aid Agreement  (pp. 69-79)

Resolution approving an Event Specific Operational Assistance Mutual Aid Agreement with other Law Enforcement Agencies in the State of Florida for a five (5) year period commencing June 6, 2012 through June 6, 2017.  The agreement provides for officers of other jurisdictions to work at the Daytona International Speedway during events. Officers are paid by the Daytona International Speedway to include workers compensation. This agreement has no financial impact on the City.

            Recommendation:  Chief of Police recommends adoption of the Resolution.
 
 7J.Mobile Command Post - Enhancement and Upgrade  (pp. 80-86)

Resolution accepting the proposal, in the amount of $75,000, from PRIDE Enterprises, 3950 Tiger Bay Road, Daytona Beach, FL 32124, for the enhancement and technology upgrade of the Mobile Command Unit. Some of the items are becoming obsolete and upgrading is crucial to enhance the overall operations that are handled when the Mobile Command Post is deployed.  PRIDE is the corporation operating the correctional work program, therefore purchases made from PRIDE are exempt from competition pursuant to Florida Statute 287.042 (2) (a).  Funds available in the Law Enforcement Trust Fund.

            Recommendation:  Chief of Police recommends adoption of the Resolution.
 
 7K.City of Daytona Beach - Volusia County Schools - Interlocal Agreement  (pp. 87-105) 

Resolution approving an interlocal agreement between the City of Daytona Beach and Volusia County Schools for the joint use of real property at a reduced rental rate in exchange for the use of specific facilities as part of its parks program.            

            Recommendation:  Leisure Services Director recommends adoption of 
            Resolution.
 
 7L.Enterprise Resource Planning System (ERP) Software and Implementation - Phase 1A -  Additional Payment  (pp. 106-124)

Resolution approving payment of outstanding invoices and projected software support for phase 1A of the ERP system, approved by Resolution No. 11-281, in an amount not to exceed $70,000 to Integrated Business Group, Inc., (IBG) 165 Montgomery Road, Altamonte Springs, FL 32714.  The reason for the additional payment is that the original implementation timeline was unrealistic for the development and deployment of the payroll software.  Funds available in the General Fund.

            Recommendation:  Interim Chief Financial Officer recommends adoption of 
            the Resolution.
 
 7M.Bayshore Capital Inc. - Memorandum of Understanding (MOU)  (pp. 125-130)

Resolution approving a Memorandum of Understanding (MOU) between Bayshore Capital Inc., 2800-181 Bay Street, Toronto, ON M5J2T3, for the purpose of confirming the City Commission's interest in a proposed condo-hotel project in the South Atlantic Redevelopment Area.  Bayshore Capital Inc., is interested in utilizing various development incentives including ad valorem tax abatement, water/sewer construction cost reimbursements, the Florida Brownfield Tax Refund Program, and tax increment revenues.  If approved, staff will be directed to commence negotiations and return to the City Commission within 90 days with a Community Redevelopment Incentive Agreement.  Approval of the MOU confers no development rights to Bayshore Capital Inc. 

            Recommendation:  Deputy City Manager/Administrative Services       
            recommends adoption of the Resolution.
 
 7N.W. C. Grand Agreement - Amendment and Restatement  (pp. 131-160)

Resolution approving the amended and restated agreement with W.C. Grand, LLC to provide 18 additional months to commence construction and creating a new down payment assistance program funded by the Community Redevelopment Agency (CRA) using project related revenue generated by unit sales. 

            Recommendation:  Redevelopment Director recommends adoption of the 
            Resolution.
 
 7O.327 Division Lane - Purchase  (pp. 161-184)

Resolution authorizing the purchase of property at 327 Division Lane the amount of $8,000 plus closing costs not to exceed $1,500 ($9,500) for the purpose of assembling property for redevelopment and to dedicate the right-of-way required for the connection of dead end sections of Division Street.   The acquisition of the property is consistent with the Midtown Redevelopment Plan.  Funds available in the Midtown Redevelopment Fund.  

            Recommendation:  Redevelopment Director recommends adoption of the 
            Resolution.
 
 7P.Citywide Fire Hydrant Maintenance Project - Bid No. 0312-0690 - Lowest and Best Bid Acceptance  (pp. 185-193)

Resolution accepting the lowest and best bid, in an amount not to exceed $104,300, from DMD Consultants, Inc., 11020 81st Court North, West Palm Beach, FL 33412, for all materials, labor and equipment necessary to identify, test, clean, sandblast, and paint various fire hydrants throughout the City. The project is to repair, perform maintenance, and test an estimated 2,100 fire hydrants owned and operated by the City of Daytona Beach. This work is mandated under State rules and regulations in order to ensure fire hydrants operate properly when needed to ensure proper fire protection (FDEP 62-555 and 62-602, NFPA 633). Historically, the Fire Department personnel conducted the flow testing and called the Utilities Department if hydrants failed flow testing or were inoperable. Routine maintenance, such as lubrication, rust/painting, etc, has not been performed regularly. As with any mechanical device, routine maintenance is required to ensure operations of these life saving devices.  Funds available in the Water and Sewer Improvement Fund.      

            Recommendation:   Utilities Director recommends adoption of the 
            Resolution.
 
8. Public Hearings.
 
 8A.Site Demolition and Restoration Standards - Land Development Code (LDC) - Text Amendment  (pp. 194-247)

Ordinance on second reading -  PUBLIC HEARING - amending the Land Development Code (LDC), Article 8, Section 6.5 - Site Restoration Standards, to improve the quality and appearance of fences along the east side of Atlantic Avenue and provide for the removal of fences at such time the surface of vacant lots are substantially covered with vegetation.  Applicant:  Development and Administrative Services Department, Planning Division. 

            Reed Berger, Redevelopment Director, to report.

            Recommendation:  Planning Board recommends approval 6-to-0.
            Action:  Motion to adopt the Ordinance.
 
9. Administrative Items.
 
 9A.Tobacco Free Florida - Sale and marketing of Flavored Tobacco Products  (pp. 248-254)

Resolution urging tobacco retailers to stop the sale and marketing of flavored tobacco products within the City of Daytona Beach.

            Dr. Bonnie Sorensen, Volusia County Health Department, to report.
 
 9B.Announcement - Public Comment Period for Edward Byrne Memorial Justice Local Assistance (JAG) Program   (pp. 255-257)

As part of the requirement of the U.S. Department of Justice Edward Byrne Memorial Justice Local Assistance Grant Program there is a 30 day public comment governing body review period May 16, 2012 through June 16, 2012.  No additional action is required by the City Commission.
 
 9C.Flexible Spending Plan - Amendment  (pp. 258-290) 

Ordinance on first reading - amending Ordinance 89-469 Flexible Spending Plan with an updated Section 125 Plan.  In November of 1989 the City established Ordinance Code 89-469 (Attachment A) to adopt a Flexible Benefits Plan to allow eligible employees to pay for health insurance on a pre-tax basis as allowed under Section 125 of the Internal Revenue Code.  Due to changes in the revenue code and our employee benefits plan over time it is necessary to update our Section 125 Plan.  With the assistance of our Employee Benefits Consultant, Brown & Brown, the Section 125 Plan has been revised (Attachment B).  The revised plan allows for eligible employees to direct portions of their pay for health insurance and dental insurance premiums on a pre-tax basis and allows for eligible COBRA and retirees that end employment with the City during the plan year to pay for coverage with pre-tax dollars out of their final paychecks, but only for coverage through the end of the plan year.  It is recommended by the Human Resources Director and Risk Manager that the City adopts the revised Section 125 Plan in order to bring our current plan up to date with IRS requirements and to reflect our current employee benefits plan and to grant authority to the Commission to approve any future revisions to the Section 125 Plan via Resolution.

            Sally McCarroll, Human Resources Director, to report

            Recommendation:  Human Resources Director recommends passing the 
            Ordinance on first reading.
            Action:  Motion to pass the Ordinance on first reading.
                  Note:  If passed, Public Hearing, June 20. 
 
 9D.Police & Fire Pension Plan - Amendments  (pp. 291-316)

Ordinance on first reading - amending Ordinance No. 10-322 modifying the pension benefits for Police & Fire members; Section 4 - Finance and Fund Management; Section 6 - Benefit Amounts and Eligibility; and Section 7 - Pre-Retirement Death.

            Sally McCarroll, Human Resources Director, to report.     

            Recommendation: Human Resources Director recommends passing the 
            Ordinance on first reading.
            Action: Motion to pass the Ordinance on first reading. 
                  Note:  If passed, Public Hearing, June 20.
 
 9E.E-Zone Master Plan - Large Scale Comprehensive Plan Amendment  (pp. 317-546)

Ordinance on first reading  - adopting Comprehensive Plan Amendments previously transmitted to state agencies and local jurisdictions, amending the Future Land Use, Transportation, Infrastructure and Redevelopment Elements, to establish the E-Zone Overlay Future Land Use designation for 141.88 ± acres of property located is in the general core tourist area around the Ocean Center, Peabody Auditorium, Boardwalk and Main Street and to incorporate the E-Zone Master Plan. Applicant: Development and Administrative Services Department, Planning Division.  

            Richard Walton, Planning Director, to report.

            Recommendation:  Planning Board recommends approval 11-to-0
            with recommendations.   
            Action:  Motion to pass the Ordinance on first reading.
                  Note:  If passed, Public Hearing, June 20.
 
 9F.Citywide Social Service Uses - Large Scale Comprehensive Plan Amendment  (pp. 547-681)

Ordinance on first reading - adopting Comprehensive Plan Amendments previously transmitted to state agencies and local jurisdictions, adding a Goal, an Objective and Policies to the Future Land Use Element to encourage equalization of the City’s over-population of social service providers to under-served areas outside of the City within Volusia-Flagler Counties. Applicant: Development and Administrative Services Department, Planning Division.  

            Richard Walton, Planning Director, to report.

            Recommendation:  Planning Board recommends approval 9-to-0 with 
            revisions. 
            Action:  Motion to pass the Ordinance on first reading.  
                  Note:  If passed, Public Hearing, June 20.
 
 9G.W.C. Grand, LLC Project - Impact Fee Credit Extension  (pp. 682-689)

Ordinance on first reading - extending the availability of credits against Water and Sewer Capital Facilities Fees for redevelopment of 516 S. Grandview Avenue, for 6.5 years from the date of the Amended and Restated Redevelopment Agreement with W.C. Grand, LLC.

            Reed Berger, Redevelopment Director to report.

            Recommendation:  Redevelopment Director recommend adoption of the 
            Resolution.
            Action:  Motion to pass the Ordinance on first reading.
                  Note:  If passed, Public Hearing, June 20.
 
 9H.Volusia Growth Management Commission - Representative Appointment  (pp.690-694)

Resolution recommending the reappointment of Richard Walton as representative for the City of Daytona Beach on the Volusia Growth Management Commission to serve in a membership capacity for the next three (3) year term starting on July 1, 2012.

            Recommendation:  Deputy City Manager/Administrative Services recommends
            adoption of 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.