NovusAGENDA

CITY OF DAYTONA BEACH, FLORIDA



THE CITY OF DAYTONA BEACH
REGULAR MEETING – CITY COMMISSION
OCTOBER 5, 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 September 21, 2011, Regular City Commission Meeting will be presented at the October 19, 2011 Regular City Commission Meeting.

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 ADDRESSSING THE CITY COMMISSION FOR ITEMS ON THE AGENDA.

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.	Allocation of Bike Week Funds (pp. 14-17) Resolution authorizing payment in the amount of: $1500 to the Leisure Services After School Care and Summer Camp, in the name of Josh Ridenour, from the Bike Week Sponsorship Fund of Commissioner Pamela Woods. Funds available in the General Fund. Recommendation: Chief Financial Officer recommends adoption of the Resolution.

	7B.	2011-2012 State and Federal Legislative Priorities -Approval (pp. 18-22) Resolution adopting the Commission's list of state and federal legislative priorities for 2011-2012. During its September 21, 2011 Legislative Agenda Workshop, the City Commission identified a list of state legislative and federal issue priorities for 2011-2012. Recommendation: Government Relations Administration recommends adoption of the Resolution.

	7C.	2011-2012 Eastern Volusia Regional Water Authority (EVRWA) Budget - Ratification (pp. 23-26) Resolution ratifying the Eastern Volusia Regional Water Authority (EVRWA) 2011-2012 Budget. Year end fund balance from the EVRWA 2010-2011 operating fund will be used to fund the 2011-2012 EVRWA Operating Budget Fund; therefore no funding is required at this time or anticipated. Recommendation: Utilities Director recommends adoption of the Resolution.

	7D.	Environmental Protection Agency (EPA) – Cooperative Agreement – Grant Acceptance – Contract No. 2010-018-CA – Work Authorization No. 2 – Approval (pp. 27-72) Resolution accepting a United States Environmental Protection Agency (EPA) Brownfield Cooperative Agreement (Cleanup Grant), in the amount of $200,000; and authorizing Work Authorization No. 2 under the Continuing Contract No. 2010-018-CA with Cardno-TBE, 380 Park Place Boulevard, Suite 300, Clearwater, FL 33759, in the amount of $240,000, for EPA Brownfield grant management environmental remediation and related services. The City's parking lot located at the southeast corner of Palmetto Avenue and Magnolia Avenue has the presence of petroleum hydrocarbons in the subsurface. Cardno-TBE assisted the City in acquiring a $200,000 EPA Brownfield Cleanup grant for the remediation of the property. The City has to exhaust all $200,000 of the EPA Cleanup grant plus the City's 20 percent match ($40,000) by September 2014 or the City risks forfeiting the remaining grant funds. The work authorization will efficiently facilitate the completion of all grant requirements. The cost to complete the work authorization tasks is $234,955 and The U.S. Environmental Protection Agency Cooperative Agreement will reimburse the City $200,000. Funds available in the Solid Waste Fund. Recommendation: Deputy City Manager/Operations recommends adoption of Resolution.

	7E.	Lift Station 10 and Force Main Improvements Design Services - Work Authorization No. 7 - Contract No. 1307-1020 (pp. 73-143) Resolution approving Work Authorization No. 7, in an amount not to exceed $471,862.13, with McKim & Creed, P.A., 1901 Mason Avenue, Suite 102, Daytona Beach, FL 32117, for design, permitting services, and preparation of the construction plans for improvements to Lift Station No.10 sanitary sewer system. The scope of work provides for capacity improvements, including a new wetwell, larger pumps, new electrical controls, and a new forcemain. Funds available in the Water and Sewer Improvement Fund. Recommendation: Utilities Director recommends adoption of the Resolution.

	7F.	North Street and Mark Avenue Stormwater Improvements - Change Order No. 6 - Contract No. SW 2002-12 (pp. 144-163) Resolution approving Change Order No. 6, in an amount not to exceed $22,133, with Saboungi Construction, Inc., 290 North U.S. Highway 1, Ormond Beach, FL 32174-4504 for compensation to the contractor for items that were added or changed to the original construction contract. Items added include: an inlet to correct a drainage issue in front of 1071 Madison, 880 linear feet (LF) of Miami curb to channel storm water past the drainage problem at 1071 Madison and into the pond (deleting 800 LF of ribbon curb originally approved); a concrete spillway has been added to correct an erosion issue; Leisure Services requested special ADA picnic tables above the requirements of the bid documents; and Florida Power & Light (FPL) has increased the cost to provide the transformers and secondary risers for the electrical features. Funds available in Stormwater Improvement Fund. Recommendation: Utilities Director recommends adoption of the Resolution.

	7G.	Utilities Department - Utilities Complex Security - Bid Agreement Renewal (pp. 164-179) Resolution renewing the bid agreement with Security Concepts, 296 Jeffery Avenue, Holly Hill, Florida 32117, in an estimated amount of $27,088, for security at the Utilities Complex for a one-year term beginning October 1, 2011 and ending September 30, 2012. The total cost is estimated not to exceed $27,088 (2,600 hours routinely covered annually at $9.85/hour = $25,610) plus an additional uniformed guard service that may be required by the City for periods not routinely covered; estimated to be one hundred (100) hours (100 hours at $14.78/hour) $1,478.00. The first year estimated expenditure for this bid did not exceed $25,000; therefore, the bid was awarded administratively in accordance with Section 30-81(a). However, during this period it became apparent that we may exceed the estimated $25,000 amount. The expenditure through September, 2011 is anticipated to be $26,430.20. The cost overrun was within the City Manager Approval authority. For the renewal period the estimated amount is higher based on past usage. Funds available in the Water and Sewer Improvement Fund. Recommendation: Utilities Director recommends adoption of the Resolution.

	7H.	Water and Wastewater Treatment Facilities – 2011-2012 Chemical Purchase – Low Bid Acceptance (pp. 180-193) Resolution approving the purchase of chemicals from successful low bidders, to use in the water treatment facility for fiscal year 2011-2012 (Bid No. 0111-2440 ), in an amount not to exceed $1,206,199 for water and $31,755 for wastewater. Funds available in the Water and Sewer Fund. Recommendation: Utilities Director recommends adoption of the Resolution.

	7I.	Utilities Department - Bethune Point Wastewater Treatment Facility - Emergency Purchase (pp. 194-199) Resolution approving the emergency purchase (after the fact) of an Aurora Pump, from Barney's Pumps Inc., PO Box 3529, Lakeland, Florida 33802-3529, in an amount not to exceed $31,795, for the Bethune Point Wastewater Treatment Facility. Barney's Pumps, Inc. is the Florida representative for Aurora Pumps. The wastewater treatment facility treatment scheme consists of two influent pumps to pump influent entering into the facility for treatment. One of the two pumps is no longer operational. The existing equipment is 30 years old and has exceeded its life expectancy. It is not cost effective to repair the existing pump. This pump will fit into the existing pump area footprint without major modifications to piping or structure. The Purchasing Agent has issued a purchase order for $31,795 to Barney's Pumps Inc for this project. Funds available in the Water and Sewer Fund. Recommendation: Utilities Director recommends adoption of the Resolution.

	7J.	Utilities Department - Supplemental Carbon Source - Purchase (pp. 200-220) Resolution approving the purchase of supplemental carbon source, from Environmental Operating Solutions, Inc., 160 MacArthur Boulevard, Suite 6, Bourne, MA 02532, in an amount not to exceed $700,000, through a contract term ending April 5, 2012. The City Commission approved by Resolution No. 11-86, the purchase of a supplemental carbon source for an annual estimated amount for one wastewater treatment facility (Bid No. 0111-0460). Further pilot trials have revealed that additional dosing at both plants is required to maintain compliance with permits issued by the Florida Department of Environmental Protection. The original bid amount did not include the amount of chemical needed for both wastewater facilities. City Commission approved the increased dosing quantities through Resolution No. 11-111. The vendor has agreed to lower the unit cost from $2.85 per gallon to $2.56 per gallon for this additional purchase. Funds available in the Water and Sewer Fund. Recommendation: Utilities Director recommends adoption of the Resolution.

	7K.	Police Department - Police Package Sedans - Purchase (pp. 221-225) Resolution approving the purchase of 20 police package sedans, in the amount of $424,180, from Duval Ford, 5203 Waterside Drive, Jacksonville, FL 32210, pursuant to the Florida Sheriff's Association Bid 10-18-0907, Specification #1. Funds available in the General Fund. Recommendation: Chief of Police recommends adoption of the Resolution.

	7L.	Police Department - Police Transport Vans - Purchase (pp. 226-230) Resolution approving the purchase of two (2) police transport vans, in the amount of $65,018, from Alan Jay Chevrolet Buick GMC Cadillac, P.O. Box 9200, Sebring, FL 33871, off the Florida Sheriff's Association bid 10-18-0907, Specification #29 with options. Funds available in the General Fund. Recommendation: Chief of Police recommends adoption of the Resolution.

	7M.	Police Department - Mobile Police Radios - Purchase (pp. 231-235) Resolution authorizing the purchase and installation of 22 mobile police radios for 22 new police vehicles from Communications International Inc., 10 Flagg Street, Daytona Beach, FL 32114 in the amount of $88,129.72. Funds available in the General Fund. Recommendation: Chief of Police recommends adoption of the Resolution.

	7N.	Police Department - Police Package Sedan Emergency Lighting and Accessory Equipment - Purchase (pp. 236-259) Resolution authorizing the purchase of 20 sets of emergency lighting and accessory equipment for 20 new police package sedans from Dana Safety Supply Inc., 5221 W. Market Street, Greensboro, NC 27409 off a City of Tallahassee Contract #1489 in the amount of $55,262.96. Funds available in the General Fund. Recommendation: Chief of Police recommends adoption of the Resolution.

8.	Discussion.

	8A.	Discussion – Bike Week Sponsorship Funds and Second Avenue Merchants Association’s (SAMA) Request (pp. 260-271) Commissioner Shelley requested that the Commission discuss: 1) the usage of Bike Week sponsorship revenues, and 2) the Second Avenue Merchants Association’s (SAMA) request that all vending on Mary McLeod Bethune (MMB) during motorcycle events be sanctioned by their organization. Commissioner Shelley to lead discussion.

	8B.	Discussion - Riverfront Park Licensing - Biker Threads, LLC (pp. 272-289) Discussion regarding the License Agreement with Biker Threads, LLC approved by Resolution No. 11-208. J. Paul Wetzel, Support Services, to report.

9.	Public Hearings.

	9A.	Comprehensive Plan Amendment – Water Supply Work Plan (pp. 290-410) Ordinance on second reading - PUBLIC HEARING - adopting Comprehensive Plan Amendments relating to an administrative action initiated by Department of Community Affairs (DCA) regarding the adoption of Ordinance No. 09-150 at the June 3, 2009 City Commission Meeting. Ordinance No. 09-150 amended the City's Comprehensive Plan to incorporate the Water Supply Work Plan and added amendments that protect and manage regional water resources. Applicant: Development and Administrative Services Department, Planning Division. Richard Walton, Planning Director, to report. Recommendation: Deputy City Manager/Administrative Services recommends adoption of the Ordinance. Action: Motion to adopt the Ordinance.

	9B.	Residency Requirement (pp. 411-415) Ordinance on second reading - PUBLIC HEARING - repealing Ordinance No. 04-27 in its entirety and establishing a new Daytona Beach residency requirement policy as a condition of employment with The City of Daytona Beach; and providing when this Ordinance shall take effect. Sally McCarroll, Human Resource Director, to report. Recommendation: Human Resources Director recommends adoption of the Ordinance. Action: Motion to adopt the Ordinance.

	9C.	Police and Fire Pension Plan – Amendment (pp. 416-435) Ordinance on second reading – PUBLIC HEARING - amending Ordinance No. 10-322 modifying the pension benefits for Police and Fire members. Sally McCarroll, Human Resources Director, to report. Recommendation: Human Resources Director recommends adoption of the Ordinance. Action: Motion to adopt the Ordinance.

10.	Administrative Items.

	10A.	Large Scale Comprehensive Plan Amendment – Transportation Concurrency Exception Area (pp. 436-621) Ordinance on first reading - adopting Comprehensive Plan Amendments previously transmitted to state agencies and local jurisdictions, amending the Redevelopment Element of the City’s Comprehensive Plan, expanding the boundaries of the Transportation Concurrency Exception Area (TCEA) to all Community Redevelopment Areas. The purpose of the amendment is to encourage and streamline redevelopment efforts. Applicant: Development and Administrative Services Department, Planning Division. Richard Walton, Planning Director, to report. Recommendation: Deputy City Manger/Administrative Services recommends passing the Ordinance on first reading. Action: Motion to pass the Ordinance on first reading. Note: If passed, Public Hearing, October 19.

	10B.	Code of Ordinance - Section 46-26 - Financial Integrity - Amendment (pp. 622-628) Ordinance on the first reading - amending City Code, Section 46-26 to allow for the creation of Renewal and Replacement Funds for stated Enterprise Funds. The basic concept behind a Renewal and Replacement Fund is that annually monies are transferred from operations to the Renewal and Replacement Fund which are to be utilized to maintain and enhance the City's infrastructure. Therefore, revenues earned by the Enterprise Funds are reinvested in the Enterprise Fund to ensure continued reliable service to the citizens. Laurie Matta, Chief Financial Officer, to report. Recommendation: Chief Financial Officer recommends passing the Ordinance on first reading. Action: Motion to pass the Ordinance on first reading. Note: If passed, Public Hearing, October 19.

	10C.	City Commission Zone Redistricting - Proposal Acceptance (pp. 629-670) Resolution accepting the proposal from Bryant Miller Olive P.A., 135 West Central Boulevard, Suite 700, Orlando, Florida 32801, for zone redistricting services to The City of Daytona Beach; to research and review applicable State and Federal provisions, statutes, laws, special requirements, and census information to develop one or more redistricting plans; meet with staff and elected officials regarding current and potential districting; and attend workshops, public meetings and hearings as required. The original proposal was for $20,000, which covers a limited amount of travel time, number of meetings, and number of maps being prepared. However, City staff has added an additional $20,000, to cover additional maps, meetings, and communications with staff, for a total amount not to exceed $40,000. Funds available in the General Fund. Rich Walton, Planning Director, to report. Recommendation: Deputy City Manager/Administrative Services recommends adoption of the Resolution. Action: Motion to adopt the Resolution.

	10D.	Daytona Beach Partnership Association (DBPA) - 100 North Beach Street Temporary Plaza - Agreement Extension (pp. 671-701) Resolution authorizing the extension of certain terms of the agreement with Daytona Beach Partnership Association (DBPA), a Florida Corporation, 126 E. Orange Ave., Daytona Beach, FL 32114, for the development of a temporary plaza at 100 N. Beach Street; extending the beginning construction date to November 1 (from September 29, 2011); extending the completion of the first phase of construction to March 31, 2012 (from January 27, 2012); and extending the construction period to June 15, 2012 (from April 16, 2012). Reed Berger, Redevlopment Director, to report. Recommendation: Redevelopment Director recommends adoption of the Resolution. Action: Motion to adopt the Resolution.

	10E.	Armory Board of the Florida Department of Military Affairs - Lease Agreement (pp. 702-714) Resolution accepting the lease agreement between The City of Daytona Beach (Landlord) and the Armory Board of the Florida Department of Military Affairs (ABFDMA) (Tenant), P. O. Box 1008, St. Augustine, FL 32085, for a five-year term with three one-year renewal options, for use of City property located at 405 S. Beach Street at the Halifax Harbor Marina, for $78,000 per year payable January 15 of each year beginning January 15, 2012. In previous years the lease payment was $1.00 per year. J. Paul Wetzel, Support Services Director, to report. Recommendation: Support Services Director recommends adoption of the Resolution. Action: Motion to adopt the Resolution.

	10F.	Oceanfront Bandshell - Ice Skating Rink - Contract Approval REVISED ADDENDUM 10-03-11 Emergency Ordinance – PUBLIC HEARING - approving a contract with Al Smith, 154 S. Beach Street, Daytona Beach, FL 32114, to install, manage, promote, and operate a temporary ice skating rink and ancillary facilities at the Oceanfront Bandshell from November 23, 2011 to January 8, 2012, with an estimated cost of $166,147.50, including a management fee of $15,000. The City would pay all the expenses and receive all of the revenues associated with the event. The projected revenue is $171,000, providing a net profit of $4,852.50. Funds available in the General Fund. J. Paul Wetzel, Support Services, to report. Recommendation: Support Services Director recommends adoption of the Emergency Ordinance. Action: Motion to adopt the Ordinance (approval by two-thirds (2/3) vote is required).

	10G.	Red Light Camera System - Automated System Calibration Policy - Adoption Addenda added 10-04-11 Resolution adopting an Automated System Calibration Policy establishing Reliability Testing for the City's Red Light Camera System; providing for Functionality Testing for each camera installed; providing for Operational Control and Oversight of Infraction Review Process; and ratifying existing process and recognizing its compliance with stated policy. Michael Chitwood, Chief of Police, to report. Recommendation: Chief of Police recommends adoption of the Resolution. Action: Motion to adopt the Resolution.

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

12.	Adjournment.