CITY OF DAYTONA BEACH, FLORIDA
       
THE CITY OF DAYTONA BEACH
REGULAR MEETING – CITY COMMISSION
JULY 6, 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 May 18, 2011 Strategic Planning Session of the City Commission and the minutes of the Regular Meeting of the City Commission of The City of Daytona Beach, Florida, held Wednesday, June 15, 2011, 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. Public Comment BY PEOPLE ADDRESSING 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.Utilities Department - Florida Department of Environmental Protection Petition Request - Resolution of Support  (pp. 11-25)

Resolution supporting the Florida Department of Environmental Protection's (FDEP) petition to the Environmental Protection Agency (EPA) that it withdraw its 2009 determination that numeric nutrient criteria are necessary only in Florida.  City staff has previously prepared a report (July 2010) "Issues for the City of Daytona Beach with the EPA Proposed Numeric Nutrient Criteria" and recommends approval of the Resolution supporting the FDEP's petition because any additional requirements imposed by the EPA will result in significant additional costs being passed onto local governments. 

            Recommendation:  Utilities Director recommends adoption of the Resolution.
 
 7B.Halifax Harbor Plaza Management Services - Request for Proposal (RFP)  (pp. 26-43)

Resolution authorizing City staff to issue a Request for Proposal (RFP) for management services at the Halifax Harbor Plaza, 125 Basin Street, Daytona Beach, FL 32114.  The management firm selected will provide a full range of commercial leasing and property management services for the 39,880 square feet of leasable space as outlined in the RFP Scope of Services.  

            Recommendation:  Support Services Director recommends adoption of the 
            Resolution. 
 
 7C.Insurance Coverage – Flood Insurance Renewal  (pp. 44-63)

Resolution approving payment to Fidelity National Insurance Company, P.O. Box 33070, St. Petersburg, FL 33733-8070, for the renewal of flood insurance coverage under the National Flood Insurance Program (NFIP) for various City properties for an annual premium of $34,744; and authorizing payment of any additional premium and acceptance of refunds not to exceed $25,000 due to adjustment of property values or addition or deletion of properties for the policy period July 25, 2011, to July 25, 2012.  The premium in an increase of $2,016 over the expiring policy's premium, partially due to rate increases, partially due to increased coverage amounts. Quotes from other insurers were not requested since the NFIP requires all insurers to charge the same rate.  Funds available in the Consolidated Insurance Fund.

            Recommendation:  Human Resources Director and Risk Manager 
            recommend approval. 
 
 7D.E-Zone Master Plan - Approval  (pp. 64-84)

Resolution approving the E-Zone Master Plan completed by AECOM.  The plan should first be approved by the City Commission before staff proceeds with the numerous public hearings required to amend the Redevelopment Plan, the Comprehensive Land Use Plan and the Land Development Code.(LDC).  The schedule to complete all phases of formal adoption will take approximately 10 months.  Applicant:  Development and Administrative Services Department. 

            Recommendation:  Deputy City Manager/Administrative Services recommends
            adoption of the Resolution. 
 
 7E.Municipal Stadium - Stars Football League, LLC (STARS) - Facility Use Agreement  (pp. 85-96)

Resolution approving a contract with Stars Football League, LLC (STARS), 18530 Mack Ave., Grosse Pointe, MI  48236, for the use of Municipal Stadium by its member team, the Daytona Beach Racers, to play 5 (five) professional league games with an option to play one extra game if needed for playoff purposes. The agreement will commence on the date of City Commission Approval and will end on August 31, 2011. 

            Recommendation:  Leisure Services Director recommends adoption of the
            Resolution.
 
 7F.Hyde Park - Planned Commercial Development (PCD) - Final Plat  (pp. 97-146)

Resolution approving the Final Plat for Hyde Park, Planned Commercial Development (PCD), a 10.45 + acre parcel of land located on the north side of International Speedway Boulevard approximately 500 feet west of Tomoka Farms Road.  There are no extensions of public utilities or other public improvements required to be constructed for this plat.  There is no City funding associated with this project.  The Final Plat is consistent with the Preliminary Plat and the PCD Agreement that was approved by Ordinance No. 10-283.  Applicant:  Legacy Point Properties, LLC. 

            Recommendation:  Deputy City Manager/Operations recommends adoption
            of the Resolution.
 
 7G.Pipeline Inspection System Equipment - Utilities Department - Sole Source Purchase  (pp. 147-152)

Resolution approving the sole source purchase of new pipeline inspection system equipment from RS Technical Services, Inc., 1327 Clegg Street, Petaluma, CA 94954, in an amount not to exceed $37,084.70 (includes $6,635 optional equipment).   RS Technical is the sole source provider for the specialized technical equipment and it is the only equipment suitable for the system, which is propriety.   RS Technical Services provides equipment compatible with the existing equipment and interchangeable parts. This is not available with any other pipeline inspection system equipment. This equipment will be used primarily to inspect the stormwater collection system for cracks and breaks. The Utilities Staff is working with the staff of Fleet Maintenance to convert an out of service fire rescue vehicle to a Utilities Pipeline Inspection Vehicle.  The inspection equipment from this purchase will be outfitted on the out of service fire rescue vehicle. This project will result in an excellent cost savings to the Utilities Department.  Funds available in the Stormwater Improvement Fund.
 
            Recommendation:  Utilities Director recommends adoption of the Resolution.
 
 7H.Utilities Department - Vehicle Replacement Purchases  (pp. 153-158)

Resolution approving the purchase of three (3) replacement vehicles from Alan Jay Chevrolet Oldsmobile Cadillac, P.O. Box 9200, Sebring, Florida 33871-9200, off the Florida Sheriffs Association Bid 10-18-0907, in the amount of $71,924.  The vehicles included are:  One (1) 2011 Chevrolet Silverado, 2500 HD (CC20903) with full spray on bed liner, towing package, computer mount and temporary tag for the purchase price of $18,160; and Two (2) 2011 Chevrolet Silverado 3500 HD (CC31003) with towing package; spray on bed liner for utility body , top of boxes and rear bumper, Omaha standard 9 foot utility body; electric brake control; computer mount and temporary tag for the purchase price of $53,764.  Two Utilities Department vehicles were destroyed in a fire and one was destroyed in a vehicle accident.  Funds available in the Stormwater Improvement Fund.

            Recommendation:  Utilities Director recommends adoption of the Resolution. 
 
 7I.Offers of Settlement - Woynar and Sapia v. The City of Daytona Beach  **Addendum added 07-06-11**

Resolution authorizing service of offers of judgment/proposals for settlement to Plaintiffs' Steven Woynar and Anna Sapia and their Attorney, Robert Warren, for claims in litigation arising from a January 17, 2008 incident at Loggerhead Marina.  Funds available in the Consolidate Insurance Fund.

            Recommendation:  City Attorney recommends adoption of the Resolution.
 
8. Discussion.
 
 8A.Discussion - Florida League of Cities - Voting Delegate Designee  (pp. 159-163)

Discussion to determine the Florida League of Cities Voting Delegate.  Election of League leadership and adoption of the resolutions are undertaken during the annual conference (August 11, 2011 through August 13, 2011).  One official from each municipality will make decisions that determine the direction of the League.

 
 8B.Discussion - Code Enforcement Workshop/Forum - Schedule  (pp. 164-165)

City Commission discussion on scheduling a Code Enforcement Workshop/Forum on July 13, 2011.

            Commissioner Pamela Woods to lead the discussion. 
 
9. Administrative Items.
 
 9A.Redistricting - Request for Proposals (RFP)  (pp. 166-170)

Resolution authorizing City staff to issue a Request for Proposals (RFP) to secure professional consulting services for assistance in updating the City Commission district boundaries to ensure sufficiency as required under the City Charter after each decennial census.  Applicant:  Development and Administrative Services Department, Planning Division. 

            Richard Walton, Planning Director, to report.

            Recommendation:  Deputy City Manager/Administrative Services recommends
            adoption of the Resolution.  
            Action:  Motion to adopt the Resolution. 
 
 9B.Affordable Housing Advisory Committee - Appointments (pp. 171-192)

Resolution appointing nine (9) members to the Affordable Housing Advisory Committee. The board consists of eleven (11) members who may be recommended by the Mayor, or any City Commissioner and who shall be appointed by resolution of the City Commission for a two (2) year term, to include one home builder (HB), one banking or mortgage representative (BR), one labor representative (LR), one low income advocate (LIA), one for-profit affordable housing provider (FPAHP), and one real estate professional (REP), one not-for-profit affordable housing provider (NPAHP), one member of the Planning Board (PB), one person who is a City resident (CR), one person who represents employers within the City (CE), one person who represents essential services personnel (ES).  Provided, however, that where the City Commission is otherwise unable to fill the Advisory Committee position meeting the requirements, they may waive that part of the requirement stating that the engagement or representation in question be “in connection with affordable housing.”  The membership terms of all members of the board expired on 02-17-11.  Active members would like to be reappointed:  Larry McDermott, Anne Yordon, Patricia Lagoni, Rose Ann Tornatore, Patricia Heard, Lola Casellas-Young, Jeff Hurt, Norma Lewis and Tyrone Brown.

            Betty Goodman, Assistant City Manager, to report.

            Recommendation:  Commission action.
            Action:  Motion to adopt the Resolution.
 
 9C.Personnel Board - Appointments (pp. 193-203)

Resolution appointing two (2) members to the Personnel Board.  The board consists of five (5) members with four (4) years terms.  These are mayoral nominations requiring confirmation with appointment by the City Commission.  Must be a qualified elector of the City and shall not hold or be a candidate for any office of profit or trust or employment of any governmental agency.  The membership terms of Deborah Zeoli and Michael Forest expired on June 16, 2011, they both would like to be reappointed.
 
Additional applications are from Bill Bailey and Dr. Irma Browne-Jamison.   

               Betty Goodman, Assistant City Manager, to report.
   
               Recommendation:  Commission action.
               Action:  Motion to adopt the Resolution.
 
 9D.Main Street-South Atlantic Redevelopment Area Board - Appointments (pp. 204-240)

Resolution appointing three (3) members to the Main Street-South Atlantic Redevelopment Area Board.  The terms of Frank Heckman and Helen Humphreys expired on 12-31-10. This agenda item is to also appoint the planning board representative.  Land Development Code, states, the board shall consist of nine (9) members and an alternate serving for staggered terms two (2) year appointed by the City Commission, two (2) members who reside in or have their principal place of business in the South Atlantic Redevelopment Area (SARA); two (2) members who reside in or have their principal place of business in the Main Street Redevelopment Area (MSRA); three (3) members who reside in the City or have their principal place of business in the South Atlantic or Main Street Redevelopment Areas (CR/MS/SA); one (1) member of the Planning Board (PB); one (1) member who is a Design Professional (DP) ; and one (1) alternate member who is a Design Professional (ADP) and who will serve only in the absence of the Design Professional member. No member, except ex-officio and the design professional, shall serve more than two (2) consecutive terms.  A majority of members of the board must reside in the City.  The initial terms of members may be for less or more than two (2) years in order to provide for staggered terms and for terms ending on December 31, but no term shall exceed three years. These appointments are to fill the positions which require one appointee that resides in or have their principal place of business in the Main Street Redevelopment Area; and one appointee must reside in the city or have their principal place of business in Main Street or South Atlantic Areas.

We have received applications from the following individuals: Celeste Doliner, Mike Chuven, John Nicholson, Dino Paspalakis, John DiGuilio, Bill Bailey, Gilbert Myara, Suzanne Ramsey, Theresa Doan, Daniel Donkel, Gary Libby, John Shanks, Jr. Arlow Triplett, Jr. and Peter Henri Williamson, and Tim Davis.

            Betty Goodman, Assistant City Manager, to report.

            Recommendation:  Commission action.
            Action:  Motion to adopt the Resolution.
 
10. Comments and inquiries from the City Commission and City Manager.
 
11. Adjournment.