CITY OF DAYTONA BEACH, FLORIDA
       
THE CITY OF DAYTONA BEACH
REGULAR MEETING – CITY COMMISSION
JULY 20, 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 Regular Meeting of the City Commission of The City of Daytona Beach, Florida, held Wednesday, July 6, 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. Presentation.
 
 6A.BEAUTIFICATION AWARDS - July 2011  (pp. 10-12)

Residential Award:

Mr. Jim Montgomery, 160 Point O Woods Drive, Commissioner Robert A. Gilliland, Zone 4, to present.

Commercial Award:

LPGA Office Center, 1616 Concierge Boulevard, Mayor Glenn Ritchey to present.
 
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. 14-17)

Resolution authorizing payment in the amount of $250 to the Rose Marie Bryon Center  from the Bike Week Sponsorship Fund of Commissioner Patrick Henry.  Funds available in the General Fund. 

            Recommendation:  Chief Financial Officer recommends adoption of the 
            Resolution.
 
 8B.U.S. Department of Justice, Bureau of Justice Assistance, FY 2011 Edward Byrne Memorial Justice Assistance Grant (JAG) Local Solicitation Grant - Submission and Acceptance  (pp. 18-22)

Resolution authorizing the submission and acceptance of a grant application to the U. S. Department of Justice, Bureau of Justice Assistance, fiscal year 2011 Edward Byrne Memorial Justice Assistance Grant (JAG) Local Solicitation in the amount of $81,097, to fund the enhancement of existing law enforcement programs including the continuation of the GPS Juvenile Electronic Monitoring Program and the enhancement of the Life Skills Development Program; and authorizing the City Manager or his designee to execute any agreements relating to this grant application.  There is no match requirement to accept this grant.

            Recommendation:  Chief of Police recommends adoption of the Resolution.
 
 8C.2011-2015 Consolidated Plan - 2011-2012 Annual Action Plan - Submission to the U.S. Department of Housing and Urban Development (HUD)  (pp. 23-234)

Resolution approving the submission of the 2011-2015 Consolidated Plan and the 2011-2012 Annual Action Plan to the U.S. Department of Housing and Urban Development (HUD) per regulations in order to apply for Community Development Block Grant (CDBG) and Home Investment Partnership Grant (HOME) program funding, and authorize Mayor to execute deeds, and the City Manager to execute security documents as necessary to implement the programs.  The City of Daytona Beach is required to complete a Consolidated Plan every three or five years and 2011 is our “submission” year.  The Consolidated Plan is a multi-year comprehensive master document that describes conditions, goals, strategies, priorities, and expected outcomes relative to housing and community development needs in the jurisdiction.  The City is also required to submit an Annual Action Plan each year.  The Annual Action Plan is a concise summary of strategic actions, activities, and programs to take place during a one year period that will address housing and community development needs in the jurisdiction consistent with contents of the Consolidated Plan.  The Community Development Citizen Advisory Board has approved the content of both plans. 

            Recommendation:  Economic & Community Development Director 
            recommends adoption of the Resolution.
 
 8D.Utilities Department - Plaza Boulevard Cured-In-Place Pipe (CIPP) Rehabilitation Services - Approval  (pp. 235-243)

Resolution authorizing Cured-In-Place Pipe rehabilitation services, in an amount not to exceed $412,534.67, with Insituform Technologies, Inc., 6972 Business Park Blvd., Jacksonville, FL 32256, under the continuing services agreement approved by Resolution No. 11-98.  The scope of work includes the rehabilitation of approximately 2,050 linear feet of the existing Plaza Boulevard stormwater pipe system varying in diameter sizes from 15 to 42 inches.  Funds available in the Stormwater Improvement Fund.

            Recommendation:  Utilities Director recommends adoption of the Resolution.
 
 8E.Utility Department - Lime Chemical Purchase for Brennan Water Treatment Plant - Resolution No. 11-06 - Amendment  (pp. 244-255)

Resolution amending Resolution No. 11-06, adopted January 5, 2011, to cancel future purchases of lime from Cheney Lime & Cement ($190.00/ton); accepting the second low bid from Carmeuse Lime & Stone, Inc. 599 Highway 31 South/P.O. Box 37, Saginaw, AL 35237 ($199.16/ton); and increasing the not-to-exceed amount by $45,800, for the purchase of lime through the end of this fiscal year. The lime used from Cheney Lime & Cement Company, the current lime vendor, is resulting in serious operational and lime sludge hauling problems.    The City has advised Cheney Lime & Cement Company of these problems and given them the opportunity to resolve the issue to no avail. The lime from Carmeuse Lime & Stone, Inc. has been used in the past without operational difficulties and they are willing to honor the bid of $199.16/ton.  Funds available in the Water and Sewer Fund.

            Recommendation:  Utilities Director recommends adoption of the Resolution.

 
 8F.Utilities Department - Transport and Disposal of Wastewater Sludge - Amendment  (pp. 256-266)

Resolution amending Resolution No. 11-42 for the transport and disposal of waste water sludge with Shelley's Environmental Systems, P.O. Box 249 Zellwood, Florida 32798, from the disposal rate of $28 per ton to the disposal rate of $32 per ton retroactive to April 28, 2011.  This change in pricing is due to a change of circumstances as a result of increased level of service due to regulatory permits. The City of Daytona Beach historically disposed of solids as Class B type and thereby adopted Resolution No. 11-42 for disposal of Class A or B solids to the low bidder, Shelley’s Environmental Systems. Shelley’s Environmental Systems has attempted to provide the contracted service but is unable to continue Class B service due to unanticipated changes to their disposal site Department of Environmental Protection (DEP) permits.  On April 28, 2011, Shelley’s was forced to begin treating Daytona Beach sludge to Class AA level.  The increased level of service is also in keeping with stricter 2013 environmental requirements.   There are sufficient funds budgeted to support this request for fiscal year 2010-2011 at an anticipated cost of $667,184 versus $600,000 (323 tons week X $4 per ton X 52 weeks = $67,184/yr.).  This increase still reflects a decrease from the previous years’ sludge hauling cost of $35.24/ton. There is no expected change in the volume of sludge produced.  Funds available in the Water and Sewer Fund.

            Recommendation:  Utilities Director recommends adoption of the Resolution.
 
 8G.W.C. Grand Redevelopment Agreement - Amendment  (pp. 267-280)

Resolution approving an amendment to the Redevelopment Agreement between the City of Daytona Beach (the City), the Community Redevelopment Agency (CRA) and W.C. Grand, LLC (the "Developer"), 116 Orange Avenue, Daytona Beach, to construct 15 single-family attached (townhome) residential units at 516 South Grandview Avenue in the South Atlantic Redevelopment Area.  The amendment will amend the closing date and related closing procedures set forth in the original development agreement. 

            Recommendation:  Redevelopment Director recommends adoption of the    
            Resolution.
 
 8H.Police Department - Vehicle Purchase  (pp. 281-285)

Resolution authorizing the purchase of seven (7) Police package 2011 Ford Crown Victoria Police Interceptor Sedans with options from Duval Ford, 5203 Waterside Drive, Jacksonville, FL 32210, in the amount of $151,473 ($21,639 each), in association with the Florida Sheriff's Association Bid 10-18-0907, Specification No. 1.  Funds available in the General Fund.

            Recommendation:  Police Chief recommends adoption of the Resolution.
 
9. Public Hearings.
 
 9A.Prohibited New or Expanded Social Services – Land Development Code (LDC) Text Amendment   (pp. 286-405)

Ordinance on second reading – PUBLIC HEARING - approving an amendment to the Land Development Code (LDC), Article 2 (Definitions), Section 3.1 (Definitions indicating uses and categories of uses), to add a definition for Social Service uses; and to amend LDC Article 12 (Redevelopment Areas and Districts), Section 2.2, to prohibit new or expanded social service uses in redevelopment areas. Applicant: City of Daytona Beach, Planning Board.  (Continued from the December 1, 2010 City Commission Meeting)

            Richard Walton, Planning Director, to report.

            Recommendation:  Planning Board recommends approval 10-to-0.            
            Midtown Redevelopment Area Board recommends approval 9-to-0.            
            Main Street/South Atlantic Redevelopment Area Board recommends 
            approval 6-to-0.
            Downtown/Ballough Road Redevelopment Area Board recommends
            approval 7-to-1.          
            Action:  Motion to adopt the Ordinance.

 
 9B.Land Development Code (LDC) Text Amendment - Prohibited Uses in Redevelopment Areas (pp. 406-463)

Ordinance on first reading - PUBLIC HEARING -  amending the Land Development Code (LDC), Article 2, Definitions, Article 12, Redevelopment Areas and Districts, and Article 17, Conditions and Requirements for Specific Uses, to modify the specifically prohibited uses in redevelopment areas.  

            Richard Walton, Planning Director, to report.

            Recommendation:  Planning Board recommends approval 7-to-1 w/changes.
            Downtown/Ballough Road Redevelopment Area Board recommends approval 
            8-to-0 w/changes.
            Main Street/South Atlantic Redevelopment Area Board recommends approval 
            6-to-0 w/changes.  
            Midtown Redevelopment Area Board recommends approval 5-to-0 
            w/changes. 
            Action:  Motion to pass the Ordinance on first reading.
                  Note:  If passed, Public Hearing, August 3.
 
10. Administrative Items.
 
 10A.2011-2012 Proposed Tentative Millage Rate  (pp. 464-469)

Resolution advising the Property Appraiser of the 2011-2012 Proposed Tentative Millage Rate of 6.8034 ; the current year Rolled-Back Millage Rate of 6.8034 and the Voted Debt Service Millage Rate of .4798; and the September 7, 2011, Public Hearing on Millage and Budget. 

            Laurie Matta, Chief Financial Officer, to report.

            Recommendation:  Chief Financial Officer recommends adoption of the 
            Resolution.
            Action:  Motion to adopt the Resolution.
 
 10B.Biketoberfest 2011 Master Plan - Private Property  (pp. 470-586)

Resolution adopting the Biketoberfest 2011 Master Plan for the use of Private Property as presented by the Biketoberfest Development Committee and the Daytona Beach Convention & Visitors Bureau.

            Tom Guest, Biketoberfest Development Committee Chairman, to report.

             Recommendation:  Biketoberfest Development Committee 
             recommends action.               
             Action:   Motion to adopt the Resolution.
 
 10C.Biketoberfest 2011 Master Plan - Public Property  (pp. 587-623)

Resolution adopting the Biketoberfest 2011 Master Plan for the use of Public Property.

            Paul McKitrick, Deputy City Manager, to report.
   
            Recommendation: Deputy City Manager/Administrative Services Director 
            recommends adoption of the Resolution.
 
 10D.Historic Preservation Board - Appointments  (pp. 624-650)

Resolution appointing two (2) members to the Historic Preservation Board. The board shall consist of nine (9) members appointed by the City Commission for three (3) year terms. One (1) member shall be an architect (A) and four (4) additional members must satisfy the requirements necessary in order for the City to obtain and maintain CLG status. Two (2) members shall be nominated by the Mayor, and one member shall be nominated by each City Commissioner.  The majority of members shall be residents of the City. The membership terms of Dr. Leonard Lempel and Eleanor Bannerman expired on 4/14/11. The nominations to fill these vacancies are made by Commissioners of zones 2 and 3 although the nominee is not required to live in Commissioners' zone.
 
Mrs. Bannerman would like to be reappointed. We have received additional applications from Sophia Huger, Deb Korfage-Amborn, Monique Reed, Naeemah Perry, Frank Smith, Kevin Tierney, Martin Tooley, Ylian Snyder and Margaret Symonette. 

               Betty Goodman, Assistant City Manager, to report.

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