CITY OF DAYTONA BEACH, FLORIDA
       
THE CITY OF DAYTONA BEACH
REGULAR MEETING – CITY COMMISSION
MARCH 7, 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 23, 2012, Strategic Planning Workshop and the February 15, 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.Presentation of Comprehensive Annual Financial Report  (pp. 11-13)

In accordance with section 218.39, Florida Statutes, the City’s external auditor, Moore Stephens Lovelace, P.A., has completed their audit of the City’s financial records for the fiscal year ending September 30, 2011.  A Comprehensive Annual Financial Report (CAFR) has been completed by the Finance Department and an “unqualified opinion” has been issued by Moore Stephens Lovelace, P.A. Moore Stephens Lovelace, P.A. is prepared to present their findings to the City Commission.
 
 
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. 14-23)

Resolution authorizing payment in the amount of:
 
$208.57 to the Leisure Services Department for rental fees for Derbyshire Park for the annual Derbyshire Easter Egg Hunt from the Bike Week Sponsorship Fund of Commissioner Patrick Henry.  Funds available in the General Fund. 

$300 to Delta Sigma Theta Sorority for Jabberwock related youth activities from the Bike Week Sponsorship Fund of Commissioner Cassandra Reynolds.  Funds available in the General Fund.  

$150 to the City of Daytona Beach Leisure Services Department for scholarships for the swim program from the Bike Week Sponsorship Fund of Commissioner Cassandra Reynolds.  Funds available in the General Fund.  

            Recommendation:  Interim Chief Financial Officer recommends adoption of 
            the Resolution.
 
 7B.Orange Avenue Transportation Corridor Reconstruction Project  (pp. 24-31)

Resolution authorizing the City Manager to apply and submit applications for Federal TIGER Program Grants to pay for the Orange Avenue Transportation Corridor Reconstruction Project.  The approximate cost for this project is $19 million and the City is applying for $13.2 million.
   
            Recommendation:  Government Relations Administrator recommends 
            adoption of the Resolution.   
     
 
 7C.Legal Representation – Payment Approval  (pp. 32-39)

Resolution authorizing payment, in the amount of $2,325, to Noah C. McKinnon, Jr. Esquire, 595 West Granada Boulevard, Ormond Beach, Florida, 32174, for legal representation and advice in the case of Donald Kane v. James Chisholm, John Clary, Ron McLemore, Marie Hartman and The City of Daytona Beach.  Section 5 of the City Manager’s employment agreement provides that the City will defend and indemnify him against any legal action arising out of his employment not involving willful or wanton conduct.  Funds available in the General Fund. 

            Recommendation:  City Manager recommends adoption of the Resolution. 
 
 7D.Settlement of Litigation - Aldrenia Byrom  (pp. 40-43)

Resolution authorizing payment to Aldrenia Byrom and her attorney Morgan & Morgan, P.A., in the total amount of $12,250 for release of all claims and full settlement of litigation in Aldrenia Byrom v. The City of Daytona Beach; Case No. 2009-33689-CICI.  Funds available in the Consolidated Insurance Fund.

            Recommendation:  City Attorney recommends adoption of the Resolution.

 
 7E.Settlement of Claim - Jennifer McCarthy  (pp. 44-47)

Resolution authorizing payment to Jennifer McCarthy and her attorney William Chanfrau, Sr., Esq., in the total amount of $100,000 for release of all claims against the City for injuries sustained on April 3, 2010, when she was bitten by a City K-9.  Funds available in the Consolidated Insurance Fund.

            Recommendation:  City Attorney recommends adoption of the Resolution. 

 
 7F.Scuttlebutts - Sidewalk Cafe License Agreement - Approval  (pp. 48-70)

Resolution approving the request by Halifax Riverfront Company, LLC for a sidewalk license agreement to provide outdoor table service in the RDD-1 (Beach Street retail) zoning district at 114 South Beach Street.  The Downtown/Ballough Road Redevelopment Area Board recommended approval with conditions 9-to-0. 

            Recommendation:  Redevelopment Director recommends adoption of the 
            Resolution. 
 
 7G.Daytona Beach Pier - Construction Management at Risk Services Contract - Amendment Approval  (pp. 71-127)

Resolution approving Amendment No. 3 to the existing Construction Management at Risk Services Contract No. 0910-1200 with Hall Construction Company, Inc., 902 South Nova Road, Daytona Beach, FL 32114, for the installation of walkway lighting and to renovate the Sky Needle, in the amount of $346,169.  Funds available in the Main Street Redevelopment Fund. 

            Recommendation:  Deputy City Manager/Operations recommends adoption
            of the Resolution. 
 
 7H.Phase IA Nova Canal Backflow Prevention Improvements - Bid No. 0311-2630 -Termination of Bid Award (Res. 11-273) - Second Lowest Bid Acceptance  (pp. 128-143)

Resolution authorizing the termination of the contract for Bid No. 0311-2630 with Masci Corporation, 5752 S. Ridgewood Blvd., Port Orange, FL 32127 and acceptance of the second lowest bidder, Hazen Construction, LLC, 1099 Tionia Road, New Smyrna Beach, FL 32168, for the installation of 15 stormwater backflow prevention devices on Nova Canal between Orange Avenue and Beville Road in an amount not to exceed $468,468. 

After the bid was awarded, during the “pre-construction” phase, it has become evident that Masci and the City are in disagreement over the technical specifications.  The disagreement relates to the type of backflow prevention device required for three of the 15 stormwater pipes, which are elliptical in shape.  While the City’s intent was to require elliptical devices for these three elliptical pipes, Masci did not understand that elliptical devices were required in this location.  Funds available in the Stormwater Improvement Fund.

            Recommendation:   The Utilities Director recommends adoption of the 
            Resolution.
 
 7I.Raw Water Isolation Bypass Project - Brennan Water Treatment Plant - Bid No. 0312-3550 - Low Bid Acceptance  (pp. 144-151)

Resolution accepting the lowest and best bid from Tomoka Construction Services, Inc., 810 Fentress Court, #140, Daytona Beach, Florida, for constructing 80 feet of raw water bypass main at the Brennan Water Treatment Plant, for an amount not to exceed $85,756. This project is needed for operational flexibility to ensure adequate water supply to the treatment plant during an emergency failure of either of the raw water lines feeding the plant.  Funds available in the Water Impact Fund.   

            Recommendation: Utilities Director recommends adoption of the Resolution.
 
 7J.Micro-C Glycerin Addition - Westside Regional & Bethune Point Wastewater Treatment Plant (WWTP) - Bid No. 0312 -0310 - Low Bid Acceptance  (pp. 152-159)

Resolution accepting the lowest and best bid from Brandes Design-Build, Inc., 2151 NE Coachman Road, Clearwater, FL 33765, for installation of a chemical storage and feed system for the addition of Micro-C Glycerin to both the Westside Regional and the Bethune Point WWTP, in an amount not to exceed $869,000.  This project is required under a Florida Department of Environmental Protection (FDEP) consent order issued in July 2009 for elevated nitrogen levels in the wastewater effluent discharged to the Halifax River.  The consent order requires an evaluation of methods to control nitrogen levels at the plants and construction of the permanent feed/control systems.  Funds available in the Water and Sewer Improvement Fund.   

            Recommendation:  Utilities Director recommends adoption of the Resolution.



 
 7K.Utilities Department - Regional Wastewater Treatment Facility - Gear Drives - Emergency Purchase Approval  (pp. 160-167)

Resolution approving the emergency purchase (after the fact) of two (2) gears from Miller Bearing, 495 Carswell Avenue, #120, Holly Hill, Florida 32117, in the amount of $32,500, for aeration/mixer equipment at the Regional Wastewater Treatment Plant.  Several mixer gear drives at the Regional Wastewater Plant began making unusual noises and were inspected in November by an authorized representative of the equipment.  This inspection determined that at least two of these units should be replaced.  Accordingly, a written quotation was obtained from Miller Bearing Inc., the local representative for Dorris Company, the manufacturer of the drives.  After the original quote was received, the condition of the two units to be replaced further deteriorated and it was essential that they be replaced as quickly as possible to maintain required levels of wastewater treatment at the Regional Plant.  Funds available in the Water and Sewer Improvement Fund.

            Recommendation:  Utilities Director recommends adoption of the Resolution.
 
 7L.Midtown Redevelopment Area - 327 Division Lane - Property Purchase  (pp. 168-191)

Resolution authorizing the purchase of property at 327 Division Lane the amount of $6,000 plus closing costs not to exceed $1,500 ($7,150) 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. 
 
8. Public Hearings.
 
 8A.Special Use Permit - Our Lady of Lourdes, Italian Festival  (pp. 192-212)

Resolution – PUBLIC HEARING - approving a Special Use Permit to operate a carnival on the church grounds of Our Lady of Lourdes Church, located at 201 University Boulevard, from Thursday, April 19 to Sunday, April 22, 2012, and Thursday, April 11 to Sunday, April 14, 2013.  The church is currently zoned R1-A (Single-family residential) and is surrounded on all sides by single-family zoning.  The carnival is to be located in an open area north of the church and fronting on Halifax Avenue.  The church has operated similar carnivals in the past and the layout of the rides and exhibits will remain as in previous years.  The arrangements for rides and parking will be the same as last year.  Applicant:  Joseph Hopkins, P.E., on behalf of Our Lady of Lourdes Church. 

            Richard Walton, Planning Director, to report.

            Recommendation:  Planning Board recommends approval 9-to-0. 
            Action:  Motion to adopt the Resolution.

 
 8B.Large Scale Comprehensive Plan Amendment – Citywide Social Service Uses  (pp. 213-227)

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 amendment adds a Goal, an Objective and Policies to the Future Land Use Element in the Comprehensive Plan to encourage equalization of the City’s over-population of social service providers to under served areas in the County.  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 adopt the Resolution. 

 
 8C.Large Scale Comprehensive Plan Amendment – Tarragona Shoppes  (pp. 228-255)

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.            

            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)
 
 8D.Calling for Special Election - August 14, 2012 (if required) and November 6, 2012  **Addenda added 03-05-12**

An Emergency Ordinance - PUBLIC HEARING - calling a Special Municipal Election, Tuesday, August 14, 2012 (Primary, if required) and November 6, 2012 (General) for the vacated seat of the Commissioner of Zone 1 and calling a special City Commission meeting to declare the results. Commissioner Edith Shelley has submitted a letter of resignation effective November 14, 2012.  Article IV, Section 9, City Charter states in the event a vacancy in any such office occurs more than twelve (12) months prior to any regular election to be held in The City of Daytona Beach, the city commission shall call a special election in accordance with the election laws of The City of Daytona Beach, for the purpose of filling said vacancy for a term ending in accordance with the schedule in Section 8, Sub-Pt. A, City Charter.  The candidates for such vacant office shall possess the requisite qualifications for said office as set forth in this Charter. 

            Jennifer L. Thomas, City Clerk, to report.

            Recommendation:  Commission Action.
            Action:  Motion to adopt the Ordinance.
 
9. Administrative Items.
 
 9A.Budget Amendment  (pp. 256-276)

Ordinance on first reading - amending Ordinance No. 11-218, which adopted the 2011-2012 budget, in order to increase revenues by $1,329,165; and decrease expenditures by  $5,367,346 and increase transfers and capital expenditures by $4,765,626. 

            Kathie Eichinger, Interim Chief Financial Officer, to report.

            Recommendation:  Interim Chief Financial recommends passing the Ordinance
            on first reading.
            Action:  Motion to pass the Ordinance on first reading.
                  Note:  If passed, Public Hearing, March 21.
 
 9B.General Obligation Bonds Series 2004 - Refunding  (pp. 277-279)

Ordinance on first reading - approving a General Obligation Bonds Series 2004 Refunding.  Pursuant to Ordinance 04-67 the General Obligation Bonds Series 2004 were issued in September 2004 for the purpose of building the new police station.  Due to the favorable interest rates currently available in the financial markets the City’s financial advisor, Public Financial Management (PFM), has recommended the advanced refunding of these bonds.  Based on the amount currently outstanding of $19,315,000 and current market interest rates, PFM estimates the City will save approximately $45,000 in annual debt service cost and $560,000 over the life of the bonds. The bonds are secured by a pledge of the full faith, credit and unlimited ad valorem taxing power of the City of Daytona Beach.

            Kathie Eichinger, Interim Chief Financial Officer, to report.

            Recommendation:  Interim Chief Financial Officer recommends passing the 
            Ordinance on first reading.
            Action:  Motion to pass the Ordinance on first reading.
                  Note:  If passed, Public Hearing, March 21.
 
 9C.Rezoning - Planned Master Development Amendment – Embry-Riddle Aeronautical University Technology Park, Tree Preservation  (pp. 280-309)

Ordinance on first reading - rezoning 77.57± acres of land located on the east side of South Clyde Morris Boulevard, north of Beville Road and south of Bellevue Avenue, amending the existing Planned Master Development (PMD) to modify the tree preservation and mitigation requirements.  Applicant:  Christopher Challis, Esq., Cobb Cole, on behalf of Eric Weeks, Senior Executive Vice President, Embry-Riddle Aeronautical University.  

            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, March 21.
 
 9D.Rezoning - Planned Commercial Development - Teledyne - ODI Inc.  (pp. 310-392)

Ordinance on first reading - rezoning 12.48± acres of land located on the west side of North Williamson Boulevard, north of Dunn Avenue and south of Mason Avenue, from R-2a Multifamily to Planned Commercial Development (PCD); to allow for the development of a 52,500 square foot building and associated improvements; and to allow for an industrial manufacturing use on the site. Applicant: Joseph Hopkins, P.E., The Performance Group, Inc., on behalf of Laverne B. Fisher, Teledyne – ODI Inc.  

            Richard Walton, Planning Director, to report.

            Recommendation:  Planning Board recommends approval 9-to-0. 
            Action:  Motion to pass the Ordnance on first reading.  
                  Note:  If passed, Public Hearing, March 21.         
 
 9E.Volusia Transportation Planning Organization (TPO)- Bicycle Pedestrian Advisory Board (BPAC) – Appointment Recommendation  **Addendum Item added 03-02-12**

Resolution recommending the appointment of one member to the Volusia Transportation Planning Organization’s (TPO) Bicycle Pedestrian Advisory Board Subcommittee (BPAC).   The City’s former representative on the BPAC has moved to another city, creating an opening for a new member. TPO bylaws require any recommendations for this committee come from the City’s TPO board representative which is Commissioner Robert Gilliland. Commissioner Gilliland recommends Holly Idler, who is a member of the Mayor’s Alliance for Persons with Disabilities, be appointed as the City’s representative to the BPAC.               

            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.