CITY OF DAYTONA BEACH, FLORIDA
       
THE CITY OF DAYTONA BEACH
REGULAR MEETING – CITY COMMISSION
APRIL 18, 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 15, 2012 City Commission Fees Workshop and the minutes of the April 4, 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 - April 2012  (pp. 11-13)

Residential Award:

Steven A. Linkfield and Debra L. Rennie, 1729 Ocean Dunes Terrace, Commissioner Edith Shelley, Zone 1, to present.

Commercial Award:

Lillian Place, 111 Silver Beach 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.Florida Urban Community Forestry Grant Phase 2 Proposal Form 2012 - Submission and Acceptance  (pp. 14-40)

Resolution authorizing the submission of a grant application to the Florida Department of Agriculture and Consumer Services for the Florida Urban and Community Forestry Grant Proposal Form 2012 for a Tree Inventory/Risk Assessment Grant, in the total amount of $40,000, and authorizing the acceptance of the grant funds if the application is approved.  Our matching half of $20,000 will be paid for with in-kind services.

            Recommendation:  Deputy City Manager/Operations recommends adoption
            of the Resolution.
 
 7B.Settlement of Claim - Medea Bevier  (pp. 41-45)

Resolution authorizing payment in the amount of $10,669.25 to Medea Bevier for release of claim for property damage in connection with a collision with a City vehicle on October 6, 2010; and authorizing acceptance of $10,476.58 from GEICO General Insurance Co. for property damage to the City vehicle involved in the collision.  Funds available in the Consolidated Insurance Fund.

            Recommendation:  City Attorney recommends adoption of the Resolution.
 
 7C.Settlement of Litigation - Woynar & Sapia   (pp. 46-51)

Resolution authorizing payment in the amount of $155,000 to Steven Woynar & Anna Sapia, and their attorney, Robert Warren, for release of all claims and full settlement of litigation arising from an alleged wrongful search and seizure and false arrest/detention on January 17, 2008.  Funds available in the Consolidated Insurance Fund.

            Recommendation:  City Attorney recommends adoption of the Resolution.
 
 7D.Florida Department of Transportation (FDOT) - Proposed Improvements to the ISB/Nova Road Intersection - Resolution of Support  (pp. 52-56) 

Resolution supporting the Florida Department of Transportation (FDOT) Project Manager for the improvements to the intersection of Nova Road and International Speedway Boulevard (ISB) which is funded for construction in 2013.  As described in the attached February 13, 2012 FDOT letter, the project consists of milling and resurfacing of the intersection, an additional left turn lane for US 92 eastbound to Nova Road northbound, new mast arms, restriping for bicycle lanes from Clyde Morris Boulevard to Harney Street, and other minor improvements.  The improvements are designed to increase the flow of traffic through the intersection while improving safety. The project is funded by FDOT with no City funds required.  A public meeting describing the project and soliciting public comments was held in the City Commission Chambers on March 05, 2012.  Written comments were requested.  No adverse comments were received at the meeting or since.

            Recommendation:  Deputy City Manager/Operations recommends adoption
            of the Resolution.
 
 7E.Midtown Redevelopment Area - Former Police Station Redevelopment Site - Request for Propopals (RFP)  (pp. 57-72)

Resolution authorizing City staff to issue a Request for Proposals (RFP) to solicit developer interest to redevelop the former Police Station site located at 990 Orange Avenue together with certain adjacent properties owned by the City.

            Recommendation:  Redevelopment Director recommends adoption of the    
            Resolution.
 
 7F.Museum of Arts and Sciences (MOAS) – Interlocal Agreement Rescission - Conservation Easement  (pp. 73-88)

Resolution rescinding an Interlocal Agreement between the City of Daytona Beach and the County of Volusia dated October 16, 1989 and granting a Conservation Easement to the County of Volusia.  The City of Daytona Beach facilitated construction at the Museum of Arts and Sciences (MOAS) to allow an entrance driveway onto Nova Road and an associated retention pond.  A portion of this property is encumbered by a Conservation Easement and the County required the adoption of an Interlocal Agreement that requires a management plan.  The City and the County have agreed to rescind the Interlocal Agreement and replace it with a Conservation Easement that more clearly provides for the conservation of the property while permitting access roads and ponds.   

            Recommendation:  Deputy City Manager/Administrative Services recommends
            adoption of the Resolution.  
 
 7G.Development Services Fee Schedule - Amendment  (pp. 89-107)

Resolution amending the fee schedule for certain development applications, reviews, activities, permits and approvals.  Resolution No. 11-123 adopted at the June 1, 2011 City Commission Meeting approved the current fee schedule. Staff is requesting to amend the current fee schedule in an effort to bring current fees in line with the City’s actual cost for processing and services.  Applicant:  Development and Administrative Services Department, Planning and Permit & Licensing Divisions and Fire Department.

            Recommendation:  Deputy City Manager/Administrative Services Director
            recommends adoption of the Resolution.
 
 7H.Radio Maintenance Agreement - 2011/2012 - Approval  (pp. 108-141)

Resolution approving the radio maintenance agreement for fiscal year 2011/2012 with Harris Corporation, whose local subsidiary is Communications International, 10 Flagg Street, Daytona Beach, FL, for maintenance of the City's police mobile and portable radios currently not covered under the manufacturer's warranty.  The annual maintenance rate, set forth in Addendum I of the contract is based on the number and types of radios being serviced as of the date of the contract. Section 3.2 of the contract provides for annual adjustments to Addendum I, to accommodate annual changes in the number and types of radios requiring service.  The annual adjustment to Addendum I for fiscal year 2011/2012 increases the annual maintenance from $24,816 to $46,447.68.  Funds available in the General Fund.  

            Recommendation:  Chief of Police recommends adoption of the Resolution.
 
 7I.Refrigerated Automatic Samplers - Wastewater Treatment Facilities - Bid No. 0112-0520 - Low Bid Acceptance  (pp. 142-148)

Resolution accepting the low bid from Teledyne Isco, 4700 Superior Street, Lincoln, NE for an amount not to exceed $34,711.73, for the purchase of seven (7) refrigerated automatic samplers for use at the Wastewater Treatment Facilities.  Funds available in the Water and Sewer Improvement Fund.

            Recommendation:  Utilities Director recommends adoption of the Resolution. 
 
 7J.Utilities Department - Bethune Point Wastewater Treatment Facility - Sludge Pump Rotating Assemblies - Purchase  (pp. 149-154)

Resolution authorizing the purchase of two (2) replacement rotating assemblies for two (2) activated sludge pumps at the Bethune Point Treatment Facility, from Barney's Pumps Inc., P.O. Box 3529, Lakeland, FL, in an amount not to exceed $35,000.  The Aurora pumps and rotating assemblies were originally installed at the facility in 1993.  These pumps have been in use continuously for over 19 years and have been rebuilt twice.  It is no longer cost effective to rebuild the rotating assemblies.  They must be replaced as they are vital to maintain biological treatment processes.  This is a sole source provider.  Funds available in the Water and Sewer Improvement Fund.

            Recommendation:  Utilities Director recommends adoption of the Resolution.
 
 7K.Bike Week Sponsorship Funds  **Addendum added 04-16-12**

Resolution authorizing payment in the amount of:  

$250 to the Chiles Academy for their Earth Day activity 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.
 
 7L.Bike Week Sponsorship Funds  **Addenda added 04-17-12**

Resolution authorizing payment in the amount of:  

$350 to the Chiles Academy for their Earth Day activity from the Bike Week Sponsorship Fund of Commissioner Kelly White. Funds available in the General Fund.               

            Recommendation:  Interim Chief Financial Officer recommends adoption of
            the Resolution.
 
 7M.Pier Restaurant Solid Waste Center – Allen Green Construction Company – Emergency After the Fact Contract – Approval  **Addenda added 04-17-12**

Resolution approving an emergency after the fact contract, in the amount of $47,000, with Allen Green Construction Company, 4248 Jackson Street, Port Orange, FL 32127, to construct the Solid Waste Service Center for Joe’s Crab Shack Pier Restaurant. This contract was needed to ensure that the construction of the facility is consistent with Section 10.3 of the Tenant Agreement between the City and Crab Addison, Inc. (Joe’s Crab Shack) within the established time frames and budget. Funding was approved through the Crab Addison, Inc. lease agreement through the Build-Out funds.
 
            Recommendation:  Deputy City Manager/Operations recommends adoption of 
            the Resolution.
 
 7N.Bike Week Sponsorship Funds  **Addendum to the Addenda added 04-18-12**

Resolution authorizing payment in the amount of:
 
$100 to the Chiles Academy for their Earth Day activity 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.
 
8. Discussion.
 
 8A.Discussion - Waste Pro - Negotiations Progress Report  (pp. 155-156)

The City Manager will provide a progress report on negotiations for the extension of Waste Pro's Franchise Agreement with the City.  

            James V. Chisholm, City Manager, to report.
 
9. Public Hearings.
 
 9A.Prohibited Commercial Uses in the North Ridgewood Area - Land Development Code Text Amendment  (pp. 157-175)

Ordinance on second 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 adopt the Ordinance.
 
 9B.Fraternal Order of Eagles - Rezoning  (pp. 176-194)

Ordinance on second reading - PUBLIC HEARING - 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 adopt the Ordinance.
 
 9C.Fraternal Order of Eagles - Special Use Permit  (pp. 195-223)

Resolution - PUBLIC HEARING - approving a Special Use Permit for 1.15± acres of land located  on the north side of Beville Road, to allow for The Fraternal Order of Eagles Club/Lodge as a permitted special use in the RP zoning district.  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 w/conditions. 
            Action:  Motion to adopt the Resolution. 
 
10. Administrative Items.
 
 10A.City Code - Chapter 30 - Purchasing -Revision  (pp. 224-269)

Ordinance on first reading - amending Chapter 30 of the City Code to clarify the procurement process; clarifies exemptions to competition; permits negotiations with the sole bidder on a solicitation; streamlines issuance of Requests for Proposals/Qualifications; provide a payment/performance bond waiver on certain projects; and provides clear authority for the City Commission to waive or modify requirements of the Code as needed.  

            Joanne Flick, Purchasing Agent, 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, May 2.
 
 10B.Solid Waste Agreement - Waste Pro of Florida, Inc. - Addendum Approval  (pp. 270-273)

Resolution approving an Addendum to the contract for the City's Solid Waste Collection with Waste Pro of Florida, Inc., 2101 West State Road, Longwood, Florida, providing up to 12 months of extended Solid Waste collection services.  At the April 4, 2012 Regular City Commission Meeting the City Commission requested that Waste Pro of Florida, Inc., provide an extended Solid Waste Collection Services Addendum consistent with the terms of the current contract in order to provide the City with sufficient time to complete competitive bidding of solid waste services if such time is needed by 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.
 
 10C.Reimbursement of Expenses from Debt Proceeds   (pp. 274-278)

Resolution declaring the official intent of the City to reimburse itself from the proceeds of debt for expenses to be incurred with respect to the Automated Meter Reading System and its associated data infrastructure upgrade.  Based on a recommendation from the City's financial advisors, Public Financial Management (PFM), the Finance Department will be requesting City Commission approval to proceed with a refunding of the Water and Sewer Bonds Series 2002 A, B, C and D ($40 million) and include additional funding for the Automated Meter Reading System and its associated data infrastructure upgrade ($10 million).  This resolution allows the City to be reimbursed from debt proceeds should funds for the new projects be needed prior to the actual refunding of the bonds.  

            Kathie Eichinger, Treasury Manager, to report.

            Recommendation:  Interim Chief Financial Officer recommends adoption 
            of the Resolution.
            Action:  Motion to adopt the Resolution. 
 
 10D.Tuscawilla Park  - Zoom Air Daytona, LLC - Agreement  (pp. 279-307)

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 company that designs, builds and operates aerial treetop recreational activity theme parks including a zip-line and other outdoor tree related activities.  Continued from the March 21, 2012 Regular City Commission Meeting. 

            Percy Williamson, Leisure Services Director, to report.

            Recommendation: Leisure Services Director recommends adoption of the 
            Resolution.            
            Action:  Motion to adopt the Resolution.
 
 10E.Housing Authority Commission - Appointment  (pp. 308-329)

Resolution appointing one (1) member to the Housing Authority Commission.  The membership term of Corwin Lasenby expired on April 2, 2012 and he would like to be reappointed.  Members are appointed by the Mayor and approved by City Commission.  The board shall consist of five (5) members serving four (4) year terms. 

We have received additional applications from Denise McMillon, James Daniels, Pat Heard, Ylian Snyder, Ken Ali, Martin Tooley, Santokh Chhina and Nancy Wahby. 

               Betty Goodman, Assistant City Manager, to report.

               Recommendation:  Commission action.
               Action:  Motion to adopt the Resolution.
 
11. Citizens.
 
 11A.PUBLIC COMMENT BY PEOPLE ADDRESSING THE CITY COMMISSION.

 
12. Comments and inquiries from the City Commission - City Manager and City Attorney report.
 
13. Adjournment.