NovusAGENDA

CITY OF DAYTONA BEACH, FLORIDA



THE CITY OF DAYTONA BEACH
REGULAR MEETING – CITY COMMISSION
SEPTEMBER 7, 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 July 20, 2011 City Commission Budget Workshop, the July 26, 2011 Special City Commission Meeting and the Regular Meeting of the City Commission of The City of Daytona Beach, Florida, held Wednesday, August 17, 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.	Presentation - Halifax Area Advertising Authority (HAAA) (pp. 14-15) Tourism update by Ted Doran, Chairman of Halifax Area Advertising Authority (HAAA)

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. 17-26) Resolution authorizing payment in the amount of: $500 to the Rose Marie Bryon Center; $500 to Motorsports Daytona Beach c/o Halifax Chamber of Commerce; $300 to the Palmetto Boys & Girls Club; $300 to the Sickle Cell Association Volusia County Chapter; $200 to the Dickerson Center Senior Oasis; $200 to the Catholic Charities; $200 to the American Red Cross; and $100 to Avenues 12 Recovery House from the Bike Week Sponsorship Fund of Commissioner Cassandra Reynolds. Funds available in the General Fund. $150 to the United Cerebral Palsy; and $300 to the Sickle Cell Disease Association/Volusia Count Chapter 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.	Settlement of Claim - Dunar (pp. 27-31) Resolution authorizing payment to Steven Dunar and his attorney, in the total amount of $20,000, for release of all claims against the City for injuries in connection with a collision with a City vehicle on March 23, 2011. Incident Review Committee recommended approval 5-to-0. Funds available in the Consolidated Insurance Fund. Recommendation: City Attorney and Incident Review Committee recommend adoption of the Resolution.

	8C.	Settlement of Claims - Williams (pp. 32-36) Resolution authorizing payment in the amount of $27,500 to Heath Williams and his attorney, Carlus Haynes, for release and full settlement of all claims arising from an incident involving seizure of dogs on December 18, 2008. Incident Review Committee recommended approval 5-to-0. Funds available in the Consolidated Insurance Fund. Recommendation: City Attorney and Incident Review Committee recommend adoption of the Resolution.

	8D.	Utilities Department - Professional Consultant Services - Reuse Water Master Plan/Hydraulic Model & Reuse Water Rate Study/Financial Plan - Request for Qualifications (pp. 37-63) Resolution authorizing City staff to issue a Request for Qualifications (RFQ) for professional consultant services to prepare a Reuse Water Master Plan/Hydraulic Model & Reuse Water Rate Study/Financial Plan. The City’s St. John’s River Water Management District (SJRWMD) Consumptive Use Permit (CUP) Modification Settlement Agreement (December 2010) requires the City to prepare a Reuse Master Plan and submit it to the District for review and approval by August 1, 2012. The City will enter into a contract with the successful consultant after a reasonable fee is negotiated and presented to the City Commission for authorization of the respective project expenditures. There is no City funding associated with this request. Recommendation: Utilities Director recommends adoption of the Resolution.

	8E.	Disaster Debris Services – Mutual Agreement – Agreement Extensions – Request for Proposals - Approval (pp. 64-156) Resolution authorizing the City Manager to execute a Mutual Agreement with Science Applications International Corporation (SAIC), 2301 Lucien Way, Suite 120, Maitland, FL 32751, the successor in interest to Beck Disaster Recovery, Inc. (BDR) accepting the name change (Resolution No. 09-186); authorizing the City Manager to execute letter agreements that extend our piggyback contracts with CrowderGulf, DCR Emergency Services, LLC, and Phillips & Jordan, Inc. (Resolution No. 06-352); and authorizing City staff to issue a Request for Proposals (RFP) Disaster Debris Management and Support, Disaster Monitoring Services, and Disaster Debris Removal, Reduction, and Disposal Services. Recommendation: Deputy City Manager/Operations recommends adoption of the Resolution.

	8F.	Insurance Coverage - Property Insurance - Proposal Acceptance (pp. 157-186) Resolution authorizing acceptance of the property coverage proposals submitted by Brown & Brown of Florida, Inc., 220 S Ridgewood Blvd 32114, on behalf of Landmark Insurance Company for a total insured value of $200,734,931 with a $50,000,000 loss limit for all risk coverage excluding coverage for named wind and flood; on behalf of Arch Insurance Company providing a $2,500,000 layer of storm/flood coverage over the $200,734,931 properties, and on behalf of Preferred Governmental Insurance Trust (PGIT), Public Risk Underwriters of Florida, Inc., for coverage of essential buildings with a total insured value of $70,211,546; and providing storm/flood coverage for this value, for the period October 1, 2011, to October 1, 2012, and for a total annual premium of $679,404. This premium represents an increase over the current/expiring coverage of $112,370 largely due to the additional storm/flood coverage for properties that have in the past received FEMA funding and are required to be insured in order to receive future funding in the event of damage or loss, and rates increases. Funds available in the Consolidated Insurance Fund. Recommendation: Human Resources Director and Risk Management recommend adoption of the Resolution.

	8G.	Insurance Coverage - Property Insurance - Daytona Beach Pier/Restaurant - Proposal Acceptance (pp. 187-201) Resolution authorizing acceptance of the proposal submitted by Brown & Brown of Florida, Inc, 220 S. Ridgewood Ave Daytona Beach, FL 32114, on behalf of Senecca Specialty Insurance Co., for Property Insurance coverage for the pier/restaurant excluding named storms, flood, wave wash/storm surge. Coverage for the pier/restaurant under this policy is for the total insured value of $8,998,540 for the period of September 30, 2011 through September 30, 2012, and for a total renewal premium of $57,998.88. The renewal premium represents an increase from last year's premium by $16,786.05 due to a rate increase and increase of $2,000,000 in the total insured value due to the deletion of the co-insurance clause. Funds available in the Consolidated Insurance Fund. Recommendation: Human Resources Director and Risk Management recommend adoption of the Resolution.

	8H.	214 South Beach Street (Sweet Marlays' Coffee) - Sidewalk Cafe License Agreement - Approval (pp. 202-211) Resolution approving the request of Sweet Marlays' Inc. for a sidewalk license agreement to provide outdoor table service in the RDD-1 (Beach Street retail) zoning district at 214 South Beach Street. The Downtown/Ballough Road Redevelopment Area Board approved 7-to-0. Recommendation: The Downtown/Ballough Road Redevelopment Area Board recommends adoption of the Resolution.

	8I.	Daytona Beach Pier - Construction Management at Risk - Guaranteed Maximum Price (GMP) - Amendment No. 2 (pp. 212-243) Correction made 09-06-11 Resolution approving Amendment No. 2, in the amount of $551,116, to the Construction Management Agreement (Resolution No. 10-148, Resolution No. CRA 10-39, Resolution No. 10-~~322~~ 332) with Hall Construction Company, Inc., 902 South Nova Road, Daytona Beach, FL 32114, for the rehabilitation of the structural system under the casino building and the upgrade of the electrical system servicing the Pier and casino building; and approving an additional expenditure of $17,663 to be paid to Florida Power & Light (FPL). Funds available in the Main Street Redevelopment Fund. Recommendation: Deputy City Manager/Operations recommends adoption of the Resolution.

	8J.	Interlocal Agreement - City of Daytona Beach/County of Volusia - Ocean Center Tradeout Agreement - Termination (pp. 244-251) Resolution terminating an Interlocal Agreement, between the City and County (Resolution No. 97-556) to facilitate usage of the Ocean Center and surrounding city public properties for events and outside activities. Fees that would normally be charged and collected for every occurrence were to be charged off to a "trade out account". This process has worked very well, but both parties now wish to proceed on a pay-as-you-go basis. This is preferable as the amount of usage by the Police Department has dropped substantially and the County is now passing on the cost of event fees to promoters and the School Board. The trade out account balance will be zero by September 30, 2011 so its an advantageous time to terminate the agreement. Deputy City Manager/Administrative Services recommends the termination of the agreement effective September 30, 2011. Recommendation: Deputy City Manager/Administrative Services recommends adoption of the Resolution.

	8K.	Allocation of Bike Week Sponsorship Funds Addendum added 09-07-11 Resolution authorizing payment in the amount of: $111 to the Greater Friendship Baptist Church for an ad in the Souvenir Journal from the Bike Week Sponsorship Fund of Commissioner Patrick Henry. Funds available in the General Fund. $1000 to the Boys & Girls Clubs of Volusia/Flagler, $500 to the Futures Foundation, and $250 to the Stewart-Marchman-Act (SMA) Behavioral Healthcare – National Recovery Month from the Bike Week Sponsorship Fund of Commissioner Robert Gilliland. Funds available in the General Fund. Recommendation: Chief Financial Officer recommends adoption of the Resolution.

9.	Discussion.

	9A.	Discussion - Selection of a Commissioner to coordinate the annual review of the City Manager and City Attorney (pp. 252-254) This agenda item is to select a Commissioner to coordinate the annual review of the City Manager and City Attorney. Glenn Ritchey, Mayor, to report.

	9B.	Discussion - Review of Midtown Site Plan Procedures (pp. 255-316) On March 16, 2011 the City Commission approved an amendment to the Land Development Code that included revisions intended to clarify and streamline the site plan approval process. As a part of its approval the Commission deferred action to revise the site plan regulations for the Midtown redevelopment area and requested that staff bring the Site Plan issue back to the Commission at its September 7, 2011 meeting. Because the Midtown Master Plan will not be approved for a few more months staff requests the City Commission continue discussion until after January 1, 2012.

10.	Public Hearings.

	10A.	Architectural Design Standards - Land Development Code (LDC) - Text Amendment (pp. 317-376) Ordinance on second reading - PUBLIC HEARING - 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 adopt the Ordinance.

	10B.	Morteza Hosseini-Kargar - Planned Commercial Development (PCD) - Development Agreement - Extension (pp. 377-380) Ordinance on second reading - PUBLIC HEARING - 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 adopting the Ordinance. Action: Motion to adopt the Ordinance.

	10C.	2011-2012 Property Taxes and Budget for The City of Daytona Beach (pp. 381-391) 1. Presentation by the Chief Financial Officer. Discussion on the proposed millage rate of 6.8034, which is the rolled-back rate. Tom Cox, Chairman of the Budget Review Committee to report. 2. PUBLIC HEARING - Members of the general public may speak and ask questions on the proposed millage rate and 2011-2012 Budget. 3. Resolution of the City of Daytona Beach adopting an ad valorem property tax tentative millage rate of 6.8034 ($6.8034 per $1,000 of assessed taxable value). This is the rate utilized in the Notice of Proposed Property Taxes and this is the rolled-back rate. And adopting a voted debt service tentative millage rate of .4798 ($.4798 per $1,000 of assessed taxable value). This is the rate utilized in the Notice of Proposed Property Taxes. 4. Resolution adopting the tentative Budget for the fiscal year October 1, 2011 to September 30, 2012; prescribing estimated Revenue Sources of $206,228,250, and setting forth Operating Expenditures, Capital Expenditures and Transfers of $205,579,962. 5. Ordinance on first reading - adopting the Budget for the fiscal year October 1, 2011 to September 30, 2012; prescribing estimated Revenue Sources of $206,228,250, and setting forth Operating Expenditures, Capital Expenditures and Transfers of $205,579,962. Laurie Matta, Chief Financial Officer, to report. Recommendation: Chief Financial Officer recommends adoption of the Resolutions and passing the Ordinance on first reading. Action: Motion to adopt the Resolutions and pass the Ordinance on first reading. Note: If passed, Public Hearing, September 21.

	10D.	2011-2012 Property Taxes and Budget for the Daytona Beach Downtown Development Authority (pp. 392-396) 1. Presentation by Jason Jefferies, Redevelopment Project Manager. Discussion on the proposed millage rate of 1.00000, which is a 6.36% decrease from the rolled-back rate. 2. PUBLIC HEARING - Members of the general public may speak and ask questions on the proposed millage rate and 2011-2012 Budget. 3. Resolution of Daytona Beach Downtown Development Authority adopting an ad valorem property tax tentative millage rate of 1.00000 ($1.0000 per $1,000 of assessed taxable value). This is the rate utilized in the Notice of Proposed Property Taxes and is a 6.36 percent tax decrease. 4. Resolution adopting the tentative Budget for the fiscal year October 1, 2011 to September 30, 2012; prescribing estimated Revenue Sources of $151,824, and setting forth Operating Expenditures, Capital Expenditures and Transfers of $151,824. Jason Jefferies, Redevelopment Project Manager, to report. Recommendation: Authority Chairman recommends action. Action: Motion to adopt the Resolutions.

11.	Administrative Items.

	11A.	Chapter 62, Section 62-31, Discharging Firearms - Repeal - Section 2-3(b)(1) of Chapter 2 Article I, City Codes related to disaster emergency measures - Amendment (pp. 397-411) Ordinance on first reading - repealing Section 62-31 of Chapter 62, Article II, City Code of Ordinances relating to Discharging Firearms; and amending section 2-3(b)(1) of Chapter 2, Article I, City Codes relating to Disaster Emergency Measures to delete portions of subsection (b)(1) related to firearms and to add subsection (c) to add citation to Florida Statutes providing for authority for the prohibition of firearm sales during an emergency. These changes are necessary due to Florida House Bill 45 signed into law on June 2, 2011 and will take effect on October 1, 2011 and are codified in section 790.33, Florida Statutes. Michael Chitwood, Chief of Police, to report. Recommendation: Chief of Police recommends passing the Ordinance on first reading. Action: Motion to pass the Ordinance on first reading. Note: If passed, Public Hearing, September 21.

	11B.	City Code Amendment - Place of Residence of Sexual Offenders (pp. 412-433) Ordinance on first reading - amending the City Code to add a new provision relating to the place of residence of sexual offenders (those convicted of a violation of Section 794.011, Section 800.04, Section 827.071, or Section 847.0145 Florida Statutes regardless of whether adjudication has been withheld, when the victim of the offense from which the conviction resulted was less than 16 years of age at the time the offense was committed within the City Limits of the City of Daytona Beach); Providing Legislative Findings and Intent; Prohibiting certain sexual offenders from residing within 2,500 feet of schools, day care centers, public parks, public and private playgrounds, recreational open spaces, libraries and churches; providing for applicability to current residents; providing for definitions; providing for a means of measurement; providing for exemptions; prohibiting the renting of residences to persons who are subject to the separation requirements; providing for serverability; providing for conflicts; providing penalties; providing for Codification and Providing for an effective date. Michael Chitwood, Chief of Police, to report. Recommendation: Chief of Police recommends passing the Ordinance on first reading. Action: Motion to pass the Ordinance on first reading. Note: If passed, Public Hearing, September 21.

	11C.	American Federation of State, County, and Municipal Employees (AFSCME) Collective Bargaining Agreement Reopener - 2011/2012 - Non-Bargaining Compensation - Amendment (pp. 434-447) Resolution amending the collective bargaining agreement between the City and the American Federation of State, County, and Municipal Employees (AFSCME), Florida Council 79, Local 2066 for the fiscal years October 1, 2009 through September 30, 2012 (Res. 09-262), amending Articles 12 (Personnel Reduction), 28 (Leave), 29 (Holidays), and 31 (Wages), AFSCME has ratified the changes; and, compensating non-bargaining employees. Sally McCarroll, Human Resources Director, to report. Recommendation: Human Resources Director recommends adoption of the Resolution. Action: Motion to adopt the Resolution.

	11D.	Bike Week - Biketoberfest - Master Plan Guidelines - Amendment (pp. 448-455) Resolution amending the Master Plan Guidelines to provide a wider right-of-way width (60 feet) to be considered a contiguous property; providing set-up for the event to take place no more than seven (7) calendar days prior to the event and all items removed no later than five (5) calendars days after the event; and amending Section 9, Appeals, to only allow appeals for those applications that were submitted in a timely manner. Recommendation: Deputy City Manager/Administrative Services recommends adoption of the Resolution.

	11E.	Riverfront Park Licensing for Biketoberfest and Bike Week – Agreement Approval (pp. 456-469) Resolution approving a License Agreement with Biker Threads, LLC, 1637 N. U.S. Highway 1, Ormond Beach, FL 32174, for term of three (3) years (January 1, 2012 through December 31, 2015) to provide activities, entertainment, and vending goods during Biketoberfest and Bike Week from Bay Street to Fairview in the City's Riverfront Park for an annual payment of $85,000 (current fee $75,000). Recommendation: Support Services Director recommends adoption of the Resolution.

	11F.	Code Enforcement Board - Appointments (pp. 470-486) Resolution appointing three (3) members to the Code Enforcement Board. The board shall consist of seven (7) members appointed for three (3) year terms by the City Commission. Members of the board shall be a resident of the City. Appointments shall be made on the basis of experience or interest in the fields of zoning and building control. The membership of the Board shall include whenever possible an architect (A), a business person (BP), an engineer (E), a general contractor (GC), a subcontractor (SC) and a realtor (R). The City Commission shall appoint qualified individuals. The membership terms of Neil Harrington, Rico Brown and Weegie Kuendig expired on August 23, 2011. All three individuals would like to be reappointed. We have received additional applications from Arlow Triplett, Jr., Ken Ali, Bill Bailey, and Albert Glenn. Betty Goodman, Assistant City Manager, to report. Recommendation: Commission action. Action: Motion to adopt the Resolution.

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

13.	Adjournment.