CITY OF DAYTONA BEACH, FLORIDA
       
THE CITY OF DAYTONA BEACH
REGULAR MEETING – CITY COMMISSION
MARCH 21, 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 7, 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.BEAUTIFICATION AWARDS - March 2012  (pp. 12-14)

Residential Award:

Darrell and Betty Lowe, 429 Wilson Avenue, Commissioner Cassandra Reynolds, Zone 6, to present.

Commercial Award:

Race Way Foods Corporation - Subway, 213 Mason Avenue, 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. 15-21)

Resolution authorizing payment in the amount of:

$72 for four (4) cases of City bottled water for the Sister Alive Breast Cancer Awareness Walk; and $150 to assist with the expenses of the March 29, 2012 Job Fair from the Bike Week Sponsorship Fund of Commissioner Cassandra Reynolds. Funds available in the General Fund. 

$600 to assist with the expenses of the March 29, 2012 Job Fair from the Bike Week Sponsorship Fund of Commissioner Pamela Woods.  Funds available in the General Fund. 

$400 to assist with the expenses of the March 29, 2012 Job Fair from the Bike Week Sponsorship Fund of Commissioner Robert Gilliland.  Funds available in the General Fund. 

$250 to assist with the expenses of the March 29, 2012 Job Fair 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.Settlement of Claim - Mary Wilson  (pp. 22-25)

Resolution authorizing payment in the amount of $15,000 to Mary Wilson and her attorney, Paul SanGiovanni of Morgan & Morgan, P.A., for release of full settlement of all claims arising from injuries sustained in a traffic accident on April 16, 2011.  Funds available in the Consolidated Insurance Fund.

            Recommendation:  City Attorney and Incident Review Committee 
            recommend adoption of the Resolution.
 
 7C.Insurance Coverage – Excess Liability and Workers' Compensation Coverage – Proposal Acceptance   (pp. 26-38)

Resolution approving the proposal submitted by Brown & Brown of Florida, Inc., P.O. Box 2412, Daytona Beach, Florida 32115, on behalf of Star Insurance Company, 26255 American Drive, Southfield, MI 48034, for excess liability and workers' compensation coverage for the period April 15, 2012, to April 15, 2013.  The quoted annual premium, including fees is $202,600.  This premium represents a 1.5% or $3,039 increase over the current premium. Funds available in the Consolidated Insurance Fund.   

            Recommendation:  Human Resources Director recommends adoption of the
            Resolution.
 
 7D.Parade of Homes Signs Display  (pp. 39-42)

Resolution approving the request from the Volusia Building Industry Association to place up to 15 temporary directional and entry signs promoting the Parade of Homes along Grande Champion Blvd., Champion View, LPGA Blvd., International Golf Drive, Centennial Park Drive, Champion Drive, Palmetto and South Grandview Avenue from March 17, 2012 through April 1, 2012. 

            Recommendation:  Deputy City Manager/Administrative Services 
            recommends adoption of the Resolution.
 
 7E.Unsafe Buildings - Condemnation  (pp. 43-55)

Resolution declaring certain buildings unsafe and requesting condemnation in accordance with Chapter 22, Article II of the City Code.  Property owners were given notice to obtain permits to demolish or to make the necessary repairs required to meet minimum habitability and Property Maintenance Code.  Nine (9) property owners did not meet the minimum requirements and staff is requesting condemnation of the structures.  Applicant:  Development and Administrative Services Department, Permit and Licensing Division.

            Recommendation:  Deputy City Manager/Administrative Services 
            recommends adoption of the Resolution. 
 
 7F.St. Johns River Water Management District - Cost Share Agreement - Approval  (pp. 56-68)

Resolution approving a Cost-Share Agreement with St. Johns River Water Management District (SJRWMD), providing for a grant of $200,000 with a City match of $200,000 for the purchase and installation of new utility billing software.  The Finance and IT departments currently estimate that this software and installation will cost at least $700,000, therefore the City’s match is already included in the project plan.  The additional funding from SJRWMD will help the City to offset some of this cost. 

            Recommendation:  Interim Chief Financial Officer recommends adoption
            of the Resolution. 
 
 7G.Contract Amendment - Credit Card Merchant Services  (pp. 69-72)

Resolution approving an amendment to the contract for credit card merchant services with Fifth Third Processing Solutions, LLC and Fifth Third Bank, 38 Fountain Square, Cincinnati, Ohio to provide for assignment of the contract from Fifth Third Processing Solutions, LLC to Vantiv, LLC and amending Section 6, Fees and Other Services, subparagraph K to say "intentionally not used."  This change will save the City approximately $2,500 in credit card processing fees. 

            Recommendation:  Interim Chief Financial Officer recommends adoption of
            the Resolution.
 
 7H.Peabody Auditorium Theater Promotion Agreement - Approval  (pp. 73-82)

Resolution approving an agreement with The Roberts Group, Inc., 1022 Red Oak Drive, Avon, IN 46123, acting as a booking agent to secure, arrange and promote touring traditional and non-traditional Broadway and Off-Broadway theatrical events at the Peabody Auditorium in Daytona Beach.  The contract is for a five-year (5) term with one (1) five-year renewal option.  The City and The Roberts Group agree to distribute profits and losses on each show procured by The Roberts Group and approved by the City on a 50/50 basis.  Profits and losses will be calculated by deducting show expenses from show revenues.  

            Recommendation:  Support Services Director recommends adoption of the 
            Resolution.
 
 7I.Halifax Harbor Plaza Property Management Services - Contract Approval  (pp. 83-131)

Resolution approving a contract, with TW Realty, LLC, 115 E. Granada Blvd., Suite 12, Ormond Beach, FL 32176 for management services at the Halifax Harbor Plaza, 125 Basin Street, Daytona Beach, FL 32114, in an annual amount of $50,700, for a three-year term, with three (3), three-year renewal options.  The management firm will provide a full range of commercial leasing and property management services for the 39,880 square feet of leasable space. The effective date commences upon execution of contract.  Funds available in the Halifax Harbor Plaza Fund. 

            Recommendation:  Support Services Director recommends adoption of the 
            Resolution.
 
 7J.Halifax Harbor South Entrance Channel - Change Order No. 1 - Final Reconciliation - Contract No. 2010-009  (pp. 132-150)

Resolution approving Change Order No. 1, in the amount of $12,017.47, for additional dredging; and approving the Final Reconciliation Agreement in the amount of $210,877.47, with Energy Resources, Inc., 2206 Samuel Stuart Court, Chesterfield, MO 63005.  Per the City’s request the Contractor dredged an additional 800 cubic yards around the fuel docks, which was outside the original project boundary limits. In addition, based on the pre and post barometric survey the Contractor also dredged an additional 163 cubic yards (CY) within the boundary limits.  The additional 163 CY is a result of utilizing an older survey for permitting and estimating purposes.

The Final Reconciliation Agreement approves the final contract amount of $210,877.47 which constitutes full compensation for all materials furnished and all work performed, and approves a final completion date of March 31, 2012.  Resolution 11-133 previously authorized funding in the amount $198,860, leaving a balance of $12,017.47 to close out the Construction Contract.  The Florida Inland Navigation District (FIND) will reimburse the City $105,438.73 (50%) at the completion of the project.  Funds available in the Halifax Harbor South Channel Fund.  

            Recommendation:  Deputy City Manager/Operations recommends adoption
            of the Resolution.
 
 7K.Utilities Department - Emergency Pump Repair - Wastewater Treatment Facility  (pp. 151-158)

Resolution  approving the emergency purchase order (after the fact), in the amount of $39,203, issued to Xylem Water Solutions, Inc., 14125 S Bridge Circle, Charlotte, NC 28273, to repair a pump used at the Bethune Point Wastewater Treatment Plant in the biological process (sludge pumping).  Funds available in the Water and Sewer Improvement Fund.

            Recommendation:  Utilities Director recommends adoption of the Resolution.
 
8. Public Hearings.
 
 8A.Calling for Special Election - August 14, 2012 (if required) and November 6, 2012  (pp. 159-162)

Ordinance on second reading - 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.
 
 8B.Budget Amendment  (pp. 163-183)

Ordinance on second reading - PUBLIC HEARING - 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 adopt the Ordinance.
 
 8C.General Obligation Bonds Series 2004 - Refunding  (pp. 184-186)

Ordinance on second reading - PUBLIC HEARING - 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 adopting the
            Ordinance.            
            Action:  Motion to adopt the Ordinance.
 
 8D.Rezoning - Planned Master Development Amendment – Embry-Riddle Aeronautical University Technology Park, Tree Preservation  (pp. 187-216)

Ordinance on second reading - PUBLIC HEARING - 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 adopt the Ordinance.
 
 8E.Rezoning - Planned Commercial Development - Teledyne - ODI Inc.  (pp. 217-299)

Ordinance on second reading - PUBLIC HEARING - 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 adopt the Ordinance.
 
 8F.Public Use Permit – Tuscawilla Park  (pp. 300-309)

Resolution – PUBLIC HEARING - to approve a public use permit for Tuscawilla Park, located at 1000 Orange Avenue. This administrative request will allow for uses associated with an aerial adventure park, including wall climbing, cycling training trails, a harness building, sale of non-alcoholic beverages and snacks, retail sales such as logo hats, scarves, sun screen and shirts, and pole or ground signs on Nova Road, West International Speedway Boulevard and Orange Avenue.  Applicant:  Development and Administrative Services Department, Leisure Services Department.    

            Percy Williamson, Leisure Services Director, to report.

            Recommendation:  Deputy City Manager/Administrative Services 
            recommends adoption of the Resolution.
            Action:  Motion to adopt the Resolution. 
 
9. Administrative Items.
 
 9A.Tuscawilla Park  - Zoom Air Daytona, LLC - Agreement  (pp. 310-340)

Resolution authorizing an agreement with Zoom Air Daytona, LLC, to design, build and operate an aerial treetop adventure theme park in Tuscawilla Park.  Zoom Air is a Canadian company that designs, builds and operates aerial treetop recreational activity theme parks including a zip-line and other outdoor tree related activities.

            Percy Williamson, Leisure Services Director, to report.

            Recommendation: Leisure Services Director recommends adoption of the 
            Resolution.            
            Action:  Motion to adopt the Resolution.
           
 
 9B.Police and Fire Pension Plan - Amendment  (pp. 341-365)

Ordinance on first reading - amending Ordinance No. 10-322 modifying the pension benefits for Police & Fire members:  Section 4, Finances and Fund Management; 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 adopt the Ordinance. 
                  Note:  If passed, Public Hearing, April 4.
 
 9C.General Obligation Bonds Series 2004 - Refinancing Legal Documents - Approval  (pp. 366-519)

Resolution approving the required legal documents for the refinancing of the General Obligation Bonds Series 2004.  At the March 7, 2012 meeting the City Commission authorized the refinancing of the General Obligation Bonds Series 2004.  Due to favorable interest rates it is estimated the City will save approximately $560,000 over the life of the bonds. Currently, the City’s Financial Advisor (PFM) and Bond Counsel (Bryant Miller Olive P.A.) are preparing required documents for the sale of the bonds.  The Bond Resolution to be approved by the City Commission authorizes (1) the current financial plan for the refunding which estimates the present value of the total debt service savings at a minimum of 3% of the principal amount of the refunded bonds, (2) the issuance of the new bonds in an amount not to exceed $20 million, and (3) the award of the sale of the bonds to underwriters by competitive sale.  Documents included are the Preliminary Official Statement, Official Notice of Sale, Form of Escrow Agreement, Continuing Disclosure Certificate, and the Form of Paying Agent and Registrar Agreement.  The closing is estimated to occur in mid-April. 

            Kathie Eichinger, Interim Chief Financial Officer, to report.

            Recommendation:  Interim Chief Financial Officer 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.