NovusAGENDA

CITY OF DAYTONA BEACH, FLORIDA



THE CITY OF DAYTONA BEACH
REGULAR MEETING – CITY COMMISSION
NOVEMBER 16, 2011
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.


PUBLIC PARTICIPATION.

5:30 P.M. - PUBLIC PARTICIPATION - Public participation for items not on the agenda can be presented to the Mayor or his designee and other City Commissioners attending, along with City staff representatives at 5:30 p.m. prior to the regular meeting of the City Commission which begins at 6:00 p.m.
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 September 21, 2011, Legislative Priorities Workshop, held Wednesday, at 4:30 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.	BEAUTIFICATION AWARDS - November 2011 (pp. 11-13) Residential Award: Brian and Joyce Case, 942 North Olive Avenue, Commissioner Pamela Woods, Zone 2, to present. Water-wise: Gary and Carrie Sutton, 261 Seaview Avenue, Commissioner Pamela Woods, Zone 2, to present. Commercial Award: San Marina Motel, 1001 North Atlantic Avenue, Mayor Glenn Ritchey to present. Water-wise: S & B Metal Products, 1811 Holsonback Drive, Mayor Glenn Ritchey to present.

	6B.	Presentation - Daytona Regional Chamber of Commerce Intercity Visit (pp. 14-16) The Daytona Regional Chamber of Commerce conducted its Bi-Annual Intercity visit on October 24-26, 2011. This year’s visit was to Kansas City and participants had an opportunity to tour existing development projects that are similar in concept to Daytona Beach’s E-zone. Those attending also had an opportunity to interact with members of the Kansas City Area Development Council who shared background and strategies on that organization’s economic development successes. In addition to the City Manager, the City was represented by City Commissioners Edith Shelley and Kelly White. Larry McKinney, President/CEO, Daytona Regional Chamber of Commerce, to present.

	6C.	Presentation - City Drinking Water - Fluoridation Program (pp. 17-30) Presentation to the Commission regarding the Fluoridation Program, approved in October 1965 by voters. Mitt Tidwell, Utilities Director, to report.

7.	Public Comment BY PEOPLE ADDRESSSING THE CITY COMMISSION FOR ITEMS ON THE AGENDA.

8.	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).

	8A.	Allocation of Bike Week Sponsorship Funds (pp. 32-41) Resolution authorizing payment in the amount of: $350 to Healthy Start of Flagler and Volusia Counties for the Midtown Eco Village Field Day and Soul Food Dinner and a Movie; and $50 to the Beautification/Tree Advisory Board to honor award recipients from the Bike Week Sponsorship Fund of Commissioner Cassandra Reynolds. Funds available in the General Fund. $250 to the Beautification/Tree Advisory Board to honor award recipients from the Bike Week Sponsorship Fund of Commissioner Kelly White. Funds available in the General Fund. $250 to the Beautification/Tree Advisory Board to honor award recipients from the Bike Week Sponsorship Fund of Commissioner Robert Gilliland. Funds available in the General Fund. Recommendation: Chief Financial Officer recommends adoption of the Resolution.

	8B.	Halifax Harbor Marina - Uniformed Guard Service - Contract Renewal (pp. 42-52) Resolution exercising the City's option to renew for the fourth and final year the contract for uniformed guard service at Halifax Harbor Marina with Security Concepts, 160 CR 200, Bunnell, FL 32110, in an amount not to exceed $60,230.50, from December 1, 2011 through November 30, 2012. Resolution No. 07-407 awarded the low bid to Security Concepts for a one-year period with four (4) one-year renewal options. This is the same price as in all prior years. Funds available in the Halifax Harbor Fund. Recommendation: Support Services Director recommends adoption of the Resolution.

	8C.	U.S. Department of Housing and Urban Development (HUD) Community Development Block Grants (CDBG) - Public and Economic Services Sub-Recipient Award Agreements - Approval (pp. 53-316) Resolution approving the Public Services and Economic Services Sub-Recipient Award Agreements for FY 2011-2012. Public Services include: B&C Empowerment Service, Inc., $5,322; Boys and Girls Club of Volusia/Flagler Counties, Inc., $5,316; Center for the Visually Impaired, Inc., $5,268; Central Florida Community Development Corporation, $18,314; Florida Lions Conklin Center for the Blind, $6,233; Mental Health America of East Central Florida, Inc., $1,798; Mid-Florida Housing Partnership, Inc., $10,822; Rose Marie Bryon Children’s Center, Inc., $5,290; Salvation Army, $8,846; Sickle Cell Disease Association Volusia County Chapter, Inc., $6,598; United Cerebral Palsy of East Central Florida, Inc., $1,677; Volusia/Flagler Coalition for the Homeless, Inc., $8,178; and Economic Services include: Central Florida Community Development Corporation, $18,194; Mid-Florida Housing Partnership, Inc., $17,422; and United Cerebral Palsy of East Central Florida, Inc., $11,667. Funds available in the Community Development Block Grant (CDBG) Fund. Recommendation: Economic & Community Development Director recommends adoption of the Resolution.

	8D.	McKim & Creed - Change Order No. 2 - Orange Avenue Improvements - Contract No. 2009-022 (pp. 317-334) Resolution approving Change Order No. 2, in the amount of $124,523.47, with McKim & Creed, 1901 Mason Avenue, Suite 102, Daytona Beach, FL 32117, to design the signalization component of the Orange Avenue Road Improvement Project. Change Order No. 2 adjusts the contract amount to $442,870.38. Change Order No. 2 does not add any additional days to the contract. Funds available in the Capital Projects Fund. Recommendation: Deputy City Manager/Operations recommends adoption of the Resolution.

	8E.	Tetra Tech, Inc. - Work Authorization No. 28 - Contract 2005-07 (pp. 335-370) Resolution approving Work Authorization No. 28 (Contract No. 2005-07), in the amount not to exceed $176,890, with Tetra Tech, Inc., 201 East Pine Street, Suite 1000, Orlando, FL 32801, to prepare a Reuse Master Plan for Consumptive Use Permit (CUP) compliance. The reuse master plan will address regulatory, planning and financial requirements for the delivery of reuse water to the City of Daytona Beach service area. This reuse master plan is required by Special Condition 30 of the City’s CUP No. 8834. Condition 30 stipulates that the City will prepare and submit the reuse master plan to the District by August 1, 2012. Funds available in the Water and Sewer Improvement Fund. Recommendation: Utilities Director recommends adoption of the Resolution.

	8F.	Nova Canal Backflow Prevention Improvements - Low Bid Acceptance (pp. 371-378) Resolution accepting the low bid from Masci Corporation, 5752 S. Ridgewood Blvd., Port Orange, FL, in an amount not to exceed $381,329, for installation of 15 stormwater backflow prevention devices on Nova Canal between Orange Avenue and Beville Road. Funds available in the Stormwater Improvement Fund. Recommendation: Utilities Director recommends adoption of the Resolution.

	8G.	Utilities Department - Purchase Large Water Meters - Sole Source Purchase (pp. 379-383) Resolution authorizing the purchase of large water meters from Sensus Metering Systems, Inc. P.O. Box 120001, Dallas, Texas as a sole source provider, in an amount not to exceed $120,939.11. Several of the Utilities Department existing large water meters have been determined to not be the proper type of meter for the facility being served and need to be replaced. Replacing the meters will allow the accurate metering of the water being used by the customer, and appropriate billing for the usage. The Utilities Department has exclusively utilized Sensus meters for many years to provide compatibility and reduction of our spare parts inventory. Funds available in the Water and Sewer Improvement Fund. Recommendation: Utilities Director recommends the adoption of the Resolution.

	8H.	Utilities Department - Disinfection System - Replacement Parts - Sole Source Purchase (pp. 384-391) Resolution authorizing the purchase of replacement lamps, ballasts and parts for the UV disinfection systems at both wastewater treatment facilities, for an amount not to exceed $431,591, from Trojan Technologies, 3020 Gore Road, London, Canada N5V 4T7. This is a sole source purchase of proprietary equipment manufactured by Trojan Technologies. Funds available in the Water and Sewer Fund. Recommendation: Utilities Director recommends adoption of the Resolution.

	8I.	Allocation of Bike Week Sponsorship Funds Addenda added 11-16-11 Resolution authorizing payment in the amount of: $250 to the Beautification/Tree Advisory Board to honor award recipients from the Bike Week Sponsorship Fund of Mayor Glenn Ritchey. Funds available in the General Fund. Recommendation: Chief Financial Officer recommends adoption of the Resolution.

9.	Public Hearings.

	9A.	Amendment - Temporary Suspension of Certain Impact Fees (pp. 392-409) Ordinance on second reading - PUBLIC HEARING - amending Ordinance No. 06-263 to temporarily suspend certain impact fee for a period of three (3) years, effective retroactively from October 1, 2011 through September 30, 2014. Staff believes suspension of certain Impact Fees will alleviate a portion of the financial responsibility from developers and business; assisting in economic growth. Staff recommends temporarily suspending the collection of the Road, Fire/Emergency Management Service, Police and General Governmental Impact Fees. No other impact fees than those stated above shall be suspended or waived at this time. Laurie Matta, Chief Financial Officer to report. Recommendation: Chief Financial Officer recommends adoption of the Ordinance. Action: Motion to adopt the Ordinance.

	9B.	Exemption of Ad Valorem Tax - Teledyne ODI Inc. (pp. 410-432) Ordinance on second reading - PUBLIC HEARING - recommending Teledyne ODI, Inc. to the state as a Qualified Brownfield Business pursuant to 288.106 and 288.107 F.S., and approving an exemption of ad valorem tax over a seven year period to provide funding for the 20 percent local match amount required by the state to participate in the Florida Brownfield Refund Bonus Redevelopment state incentive program. Teledyne ODI, Inc. by virtue of its location, its status as a Target Industry Business, and its plan to expand including a 50,000 square foot building and creation 100 new jobs at an average annual wage of $50,000, meets the City adopted criteria per Resolution 02-271 to receive an exemption and is therefore eligible for incentives under the Florida Qualified Target Industry (QTI) and Florida Brownfield Refund Bonus Redevelopment programs. The proposed exemption of ad valorem tax schedule is: years 1-2 at 100 percent, years 3-4 at 75 percent, years 5-6 at 50 percent, and year 7 at 25 percent, and has an estimated value amount per the Office of Volusia County Property Appraiser of $208,219. The Economic Development Advisory Board unanimously recommended approval to use the tax schedule above to provide funding in the form of an exemption ad valorem tax totaling $208,219 for the required local match amount for Teledyne ODI, Inc. to participate in the Florida Brownfield Refund Bonus Redevelopment program at its October 19, 2011 meeting. Emory Counts, Economic & Community Development Director, to report. Recommendation: Economic & Community Development Director recommends adoption of the Ordinance. Action: Motion to adopt the Ordinance.

	9C.	Land Development Code Text Amendment – Minor Modifications from the Architectural Design Standards (pp. 433-455) Ordinance on second reading - PUBLIC HEARING - amending the Land Development Code (LDC), Article 4, Section 14.2 and Article 18, Section 4.3, authorizing City staff to consider minor modifications to development project reviews in relation to the architectural design standards. 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 adopt the Ordinance.

	9D.	Temporary Moratorium - Internet Cafés (pp. 456-469) Ordinance on second reading - PUBLIC HEARING - establishing a 180-day temporary moratorium on the establishment of and issuance of permits for certain uses commonly known as Internet Cafés or Sweepstakes Redemption Centers. The use is not specifically provided for in the Land Development Code. The City currently treats such uses as “Games of Skill” (the most similar use which is specifically addressed in the LDC). The moratorium will allow time to consider whether the use should be specifically added to the LDC, and, if so, the appropriate zoning regulations to apply. Applicant: Development and Administrative Services Department, Planning Division. Richard Walton, Planning Director, to report. Recommendation: Planning Board recommends approval 10-to-1. Action: Motion to adopt the Ordinance.

	9E.	Budget Amendment Addendum added 11-15-11 An emergency Ordinance - PUBLIC HEARING - amending Ordinance No. 11-218, which adopted the 2011-2012 budget, in order to increase revenues by $685,000; and increase transfers and capital expenditures by $685,000. This amount has been accumulated and reserved over the past several years in order to be applied toward the purchase of an Enterprise Resource Planning (ERP) system. Phase I of the ERP project is urgent in order to comply with the IRS/Affordable Care Act Tax Provisions. Laurie Matta, Chief Financial Officer, to report. Recommendation: Chief Financial Officer recommends adoption of the Emergency Ordinance. Action: Motion to adopt the emergency Ordinance.

10.	Administrative Items.

	10A.	Sexual Offender Residence Ordinance - Amendment (pp. 470-487) Ordinance on first reading - amending Section 62-201 City Code, as adopted by Ordinance No. 11-222, relating to the place of residence of sexual offenders within the City; extending residence prohibitions to persons convicted of similar crimes in jurisdictions other than Florida; clarifying that the prohibitions apply to persons required by State law to register as sexual offenders or predators; adopting State law definitions of "Child Care Facility", "Park", "Playground", and "School". Michael Chitwood, Chief of Police, to report. Recommendation: Chief of Police recommends passing the Ordinance on first reading. Action: Motion to pass the Ordinance on first reading. Note: If passed, Public Hearing, December 7.

	10B.	Enterprise Resource Planning (ERP) - System Software and Implementation - Phase I - Contract Approval Addendum added 11-15-11 Resolution approving a contract agreement with Integrated Business Group (IBG), 165 Montgomery Road, Altamonte Springs, FL 32714, to provide software, consulting services for implementation, conversion and training of an Enterprise Resource Planning (ERP) system. This ERP will provide the controls, financial reporting flexibility, and fully integrate with all City software. Phase I will begin immediately to comply with IRS/Affordable Care Act Tax Provisions and the estimated fees for consulting services, software, annual enhancement and licensing is $548,435.45; cost for hardware through State contracts is $135,667.52 ($684,102.97). Funds available in the Information Technology Fund (contingent upon approval of the emergency Budget Amendment). Laurie Matta, Chief Financial Officer, to report. Recommendation: Chief Financial Officer recommends adoption of the Resolution. Action: Motion to adopt the Resolution.

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

12.	Adjournment.