NovusAGENDA

CITY OF DAYTONA BEACH, FLORIDA



THE CITY OF DAYTONA BEACH
REGULAR MEETING – CITY COMMISSION
AUGUST 17, 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, August 3, 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 - August 2011 (pp. 12-14) Residential Award: Ms. Alice Cook, 160 Big Ben Drive, Commissioner Patrick Henry, Zone 5, to present. Commercial Award: Volusia Square, 2455 International Speedway 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. 16-22) Resolution authorizing payment in the amount of: $500 to the Stewart Marchman Recovery Month Project from the Bike Week Sponsorship Fund of Mayor Glenn Ritchey. Funds available in the General Fund. $150 to the American Heart Association from the Bike Week Sponsorship Fund of Commissioner Patrick Henry. Funds available in the General Fund. Recommendation: Chief Financial Officer recommends adoption.

	8B.	U.S. Department of Homeland Security - Citizen Corps/CERT Program Subgrant-Submission and Acceptance (pp. 23-38) Resolution authorizing submission of an application for a grant from the US Department of Homeland Security - Citizen Corps/CERT Program Subgrant, in an amount not to exceed $15,000, for the purchase of CERT bags, promotional pens, a quick shelter canopy, printing manuals, and instructor costs; and authorizing acceptance of the grant funds if the application is approved. There is no match required to participate in this program. Recommendation: Fire Chief recommends adoption of the Resolution.

	8C.	Enterprise Resource Planning (ERP) System - Request for Proposals (RFP) (pp. 39-61) Resolution authorizing a Request for Proposals (RFP) to replace the City’s existing software programs. The City’s current software configuration consists of 15 separate systems that have no inter-operability, many of them are extremely out of date, and they provide none of the benefits of modern technology. The purpose of the software replacement is to provide the City with what is known as an Enterprise Resource Planning (ERP) system. An ERP is a fully integrated and automated computerized system that will provide the ability to track performance measures, provide for flexible managerial reporting, assist in eliminating and reducing inefficiencies, foster open government, increase accountability, and provide dash board technology (graphic displays of performance metrics). Software systems expected to be replaced include, but are not limited to: Accounting, Accounts Payable, Payroll, Human Resources, Utility Billing, Customer Relationship Management, and a comprehensive Work Order System. Recommendation: Chief Financial Officer recommends adoption of the Resolution.

	8D.	Medical Professional Liability Coverage - Proposal Renewal (pp. 62-81) Resolution exercising the City's second and final option to renew the coverage based upon the proposal submitted by Arthur J. Gallagher & Co., 8200 NW 41^st St., Ste 200, Miami, FL 33166, on behalf of Western World Insurance Company, 400 Parson Pond Drive, Franklin Lakes, NJ 07417-2600 for Emergency Care Services and Nurse Professional Liability Coverage for the City's EMT's, Paramedics, Medical Consultant, Medical Director, and the Occupational Health Nurse for the period September 19, 2011 to September 19, 2012, with limits of liability of $1,000,000 per occurrence for each policy for a total annual premium of $31,581.03. This renewal premium presents a $1,534.85 decrease from the previous premium. Funds available in the Consolidated Insurance Fund. Recommendation: Human Resources Director and Risk Management recommend approval.

	8E.	USTA Florida - Florida Tennis Center Lease/Facility Use Agreement - First Amendment Approval (pp. 82-117) Resolution approving First Amendment to the Florida Tennis Center Lease/Facility Use Agreement with the USTA Florida, 1 Deuce Court, Suite 100, Daytona FL 32124, for a term commencing October 1, 2011 and expiring September 30, 2014, with two (2) three-year renewals; which clarifies maintenance responsibilities during the USTA event periods, and increases the base annual event fee beginning in 2012 from $16,000 to $18,000. This also increases the amount collected by the City in subsequent years. The First Amendment to the Florida Tennis Center Lease/Facility Use Agreement has been accepted by the USTA and staff recommends approval. Recommendation: Deputy City Manager/Administrative Services recommends adoption of the Resolution.

	8F.	Bethune-Cookman University - State Street - Right-of-Way Encroachment (pp. 118-128) Resolution approving an encroachment in the right-of-way of State Street for underground installation and maintenance of one (1) two-inch diameter HDPE (High Density Polyethylene) conduit between 636 State Street, south to Bethune-Cookman University Infirmary BLDG 622 located at 640 Dr. Mary McLeod Bethune Blvd, to be used by the Bethune-Cookman University to provide Fiber Optic Cable (FOC) communications and security between these buildings. Bethune-Cookman University is staying on their private property from 636 State Street to the Infirmary. Land Development Code (LDC), Article 8, Section 4.1 requires City Commission approval for such encroachments. Recommendation: Deputy City Manager/Operations recommends adoption of the Resolution.

	8G.	Three Brothers Boards, LLC - Manatee Island - License Agreement (pp. 129-138) Resolution approving a short term license agreement with Three Brothers Boards, LLC, 206 S. Beach Street, Daytona Beach, Florida, 32114, for six (6) months, to use the kayak storage rack at the kayak launch site at Manatee Island. Three Brothers Boards, LLC will be allowed to place a banner on Manatee Island to identify the launch site, identify their business as the City’s concessionaire and list a phone number. They will pay the City a monthly license fee equal to $150. Recommendation: Leisure Services Director recommends adoption of the Resolutions.

	8H.	Professional Services - Ramba Consulting Group, LLC - Contract Approval (pp. 139-144) Resolution approving an agreement with Ramba Consulting Group, LLC, 101 South Monroe Street, Tallahassee, FL 32301, for professional services for appropriations and grants issues as directed by the City, in the amount of $40,000 ($4,000 per month) for the term August 1, 2011 through May 31, 2012. Funds available in the General Fund. Recommendation: Government Relations Administrator recommends adoption of the resolution.

	8I.	Neighborhood Stabilization Program (NSP1) - Technical Assistance Services - Agreement Approval (pp. 145-159) Resolution approving the Neighborhood Stabilization Program (NSP1) Technical Assistance Services Agreement, in an amount not to exceed $35,000, with Langton Associates, Jacksonville, FL, pursuant to Resolution No. 11-39, to provide technical assistance services to implement the Neighborhood Stabilization Program. Services include but are not limited to creating a project management file system and monitoring files, representation at meetings upon request, monitoring work completion milestones and requests for funds, applicable financial management requirements, ensuring compliance with all applicable regulations, policies and reporting requirements, and closing out the project with the Florida Department of Community Affairs (FDCA). Funds are available in the Community Development Block Grant Fund. Recommendation: Economic/Community Development Director recommends adoption of the Resolution.

	8J.	City Island Liftstation and Forcemain Improvements Design Services - Work Authorization No. 2 - Contract No. 1308-1630 (pp. 160-181) Resolution approving Work Authorization No. 2, in an amount not to exceed $54,128.49, with CPH Engineers, Inc., 101 North Woodland Blvd., Suite 600, Deland, FL 32720 for design, permitting services, and preparation of the construction plans for improvements to the City Island sanitary sewer system. The scope of work provides for operational and capacity improvements during special events and for future redevelopment. Funds available in the Water and Sewer Improvement Fund. Recommendation: Utilities Director recommends adoption of the Resolution.

	8K.	Land Development Code (LDC) – Professional Services Contract - Change Order No. 2 (pp. 182-193) Resolution approving Change Order No. 2, with Clarion Associates of Colorado, LLC, a Colorado Limited Liability Company, located at 101 Market Street, Suite B, Chapel Hill, North Carolina 27516, in an amount not to exceed $60,000, for consulting services related to preparation of the Entertainment Zone (E-Zone) form based guidelines. Funds are available in the Main Street Redevelopment Trust Fund. Recommendation: Deputy City Manager/Administrative Services recommends approval.

	8L.	Old Daytona Neighborhood Streetscape (Live Oak Avenue and Palmetto Avenue) - Change Order No. 3 - Final Reconciliation Agreement - Contract No. 2007-025 (pp. 194-222) Resolution approving Change Order No. 3 in the amount of $38,017.32 with Truant/Crossroads J.V., 911 Beville Road, Building D, Suite 5, Daytona Beach, Florida 32119, for restraining and rerouting of the six-inch watermains, six-inch reuse and 12 inch reuse piping in compliance with City and Florida Department of Environmental Protection requirements, partial removal and disposal of a subterranean lift station wet well, removal of two (2) palm trees, 39 linear feet (LF) of environmental curbing, 18 LF of sidewalk, and upgrading of irrigation piping; and approving the Final Reconciliation Agreement in the amount of $402,353.71. The Final Reconciliation Agreement reflects the final contract amount of $402,353.71 which constitutes full compensation for all materials furnished and all work performed in the construction and competition of the project. It is further understood and agreed that the contract completion date is August 17, 2011. Previous authorized funding totaled $365,377.39, leaving a balance of $36,976.32 needed to close out the project. Funds available in the Water and Sewer Improvement Fund ($23,445.81) and the Downtown Redevelopment Trust Fund ($13,530.51). Recommendation: Deputy City Manager/Operations recommends adoption of the Resolution.

	8M.	Annual Air Conditioner Maintenance Services - Low Bid Acceptance (pp. 223-232) Resolution acceptingthe low bid from W.W. Gay Mechanical Contractor, Inc., 5059 S. Ridgewood Ave., Port Orange, FL 32127, in an estimated annual amount of $62,700 each year for a three-year (3) contract term including the remainder of this fiscal year, to provide all labor and all materials for annual preventative maintenance service for all heating, air conditioning, and ventilation (HVAC) equipment including but not limited to replacement of air filters; adjustments; repair or replacements of belts, alarm relays, thermostats, pulleys, fan bearings, contacts, fan motors, control lights, float valves, compressors, coolant, and other components as recommended by the original manufacturers for City facilities. Recommendation: Deputy City Manager/Operations recommends adoption of the Resolution.

9.	Public Hearings.

	9A.	Residency Requirements Repeal (pp. 233-236) Ordinance on second reading - PUBLIC HEARING - repealing Ordinance No. 04-27, which required the City Manager and Department Directors to establish residency in the city limits within 12 months from the date of appointment; providing that the City Commission may establish a new policy to appropriately address concerns. James V. Chisholm, City Manager, to report. Recommendation: City Manager recommends adoption of Ordinance. Action: Motion to adopt the Ordinance.

	9B.	City Code Amendment – Chapter 2, Article IV (pp. 237-241) Ordinance on second reading - PUBLIC HEARING - amending Chapter 2, Article IV, City Code, relating to City Staff organizational structure in order to provide for flexibility in reorganization to meet the needs of City government. James V. Chisholm, City Manager, to report. Recommendation: City Manager recommends adoption of the Ordinance. Action: Motion to adopt the Ordinance.

	9C.	Daytona Beach Kennel Club - Planned Commercial Development - Rezoning (pp. 242-278) Ordinance on second reading - PUBLIC HEARING - approving the second amendment to the Daytona Beach Kennel Club, Planned Commercial Development (PCD), located at 960 South Williamson Boulevard, to allow for an electronic message center sign. Applicant: Robert A. Merrell, III, Esq., of Cobb Cole, on behalf of Daytona Beach Kennel Club, Inc.(successor to North Delaware Land Acquisition company, Inc.) Richard Walton, Planning Director, to report. Recommendation: Planning Board recommends denial 4-to-5. Requires a Super Majority vote of the City Commission for approval. Action: Motion to adopt the Ordinance.

	9D.	Stipulated Settlement Agreement - Department of Community Affairs (DCA) (pp. 279-287) Resolution - PUBLIC HEARING - approving a Stipulated Settlement Agreement between The City of Daytona Beach and Florida Department of Community Affairs (DCA) relating to an administrative action initiated by DCA regarding the City's adoption of Ordinance No. 09-150 at the June 3, 2009 City Commission Meeting. Ordinance No. 09-150 amended City's Comprehensive Plan to incorporate the Water Supply Work Plan and add amendments that protect and manage regional water resources for future generations. On August 14, 2009, pursuant to Section 163.3184(10), Florida Statutes, and Rule 9J-11.012(6) Florida Administrative Code, DCA issued a Statement of Intent to find the Comprehensive Plan Amendments Not in Compliance. Staff and DCA representatives have worked together to resolve all outstanding issues and as a result have agreed to the terms and conditions in the attached Stipulated Settlement Agreement. 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.

10.	Administrative Items.

	10A.	Discussion Announcement - Public Comment Period for Edward Byrne Memorial Justice Local Assistance (JAG) Program (pp. 288-292) As part of the requirement of the U.S. Department of Justice Edward Byrne Memorial Justice Local Assistance Grant Program there is a 30 day public comment governing body review period July 20, 2011 through August 20, 2011. No additional action is required by the City Commission.

	10B.	Architectural Design Standards - Land Development Code (LDC) - Text Amendment (pp. 293-352) Ordinance on first reading - amending the Land Development Code (LDC), Article 10, Tourist Districts, and Article 18, Appearance Standards, to improve existing architectural design standards and to insert new architectural design requirements to increase the design regulations' effectiveness. Applicant: Development and Administrative Services Department, Planning Division. Richard Walton, Planning Director, to report. Recommendation: Planning Board recommends approval 8-to-0 w/recommendations. Action: Motion to pass the Ordinance on first reading. Note: If passed, Public Hearing, September 7.

	10C.	Morteza Hosseini-Kargar - Planned Commercial Development (PCD) - Development Agreement - Extension (pp. 353-356) Ordinance on first reading - approving a five-year (5) extension to the Morteza Hosseini-Kargar Planned Commercial Development Agreement (PCD) approved by Ordinance No. 96-303, at the July 17, 1996 City Commission Meeting. Section XII (Completion Schedule), of the original PCD authorized the City Commission with good cause, to approve an amendment extending the completion schedule. Ordinance No. 04-63 approved the first amendment to the PCD extending the completion schedule for Phases three (3) and four (4). Richard Walton, Planning Director, to report. Recommendation: Deputy City Manager/Administrative Services recommends passing the Ordinance on first reading. Action: Motion to pass the Ordinance on first reading. Note: If passed, Public Hearing, September 7.

11.	Comments and inquiries from the City Commission and City Manager.

12.	Adjournment.