CITY OF DAYTONA BEACH, FLORIDA
       
THE CITY OF DAYTONA BEACH
REGULAR MEETING – CITY COMMISSION
NOVEMBER 2, 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 7, 2011, City Commission Residency Workshop, the minutes of the October 5, 2011, City Commission Meeting, and the minutes of the October 19, 2011, Regular Meeting of the City Commission, held Wednesday, 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 - Bethune-Cookman University  (pp. 11-12)

Wildcat Write Center Program - Students from the college will present an overview of the program.  

     Commissioner Kelly White will lead the presentation.
 
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:
 
$500 to the Greater Daytona Shrine Club 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.
 
 8B.Shared Technologies , Inc. - Telecommunications Services Agreement - Approval  (pp. 18-40)

Resolution approving a Services Agreement with Shared Technologies, Inc., 1405 S. Beltline Road, Coppell, Texas 75019, to maintain the City's telephone system for a one-year term beginning October 1, 2011, with a one-year option to renew, in the amount of $39,870 annually, authorizing the City Manager to renew the additional one-year term providing the funding is appropriated in the adopted budget.  The proposed contract piggybacks a contract between Shared Technologies and the City of Palm Coast.  Our telephone system is the City’s primary means of communicating; both internally and with the outside world.  The system is designed to be fault tolerant and provides the primary means for City employees and officials to call 911 in the event of an emergency.  Funds are available in the Information Technology Fund. 

            Recommendation:  Chief Financial Officer recommends adoption of the 
            Resolution.
 
 8C.Stewart-Marchman-Act Behavioral Health Services, Inc. - Enrichment Program 2011-2012 - Contract Approval  (pp. 41-46)

Resolution approving an agreement between The City of Daytona Beach and Stewart-Marchman-Act Behavioral Health Services, Inc., 200 Fentress Blvd., Suite C, Daytona Beach, FL 32114, in an amount not to exceed $40,000, to participate in ACT’s Enrichment Program that provides the City's Solid Waste Management Division with mentally and physically challenged workers to assist with services such as clerical, litter and mowing maintenance for fiscal year 2011-2012.   Funds available in the Solid Waste Management Fund.

            Recommendation:  Deputy City Manager/Operations recommends adoption
            of the Resolution.
 
 8D.Water and Wastewater Treatment Facilities – 2011-2012 Chemical Purchase – Lowest Responsive and Best Bid Acceptance  (pp. 47-87)

Resolution approving the lowest responsive and best bid for six lots of chemicals, 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. City staff is requesting City Commission waive the minor informalities of some of the bidders who failed to include a chemical analysis or specification as required by the specifications because the MSDS and/or Affidavit contained sufficient chemical information to satisfy this requirement.  Funds available in the Water and Sewer Fund. 

            Recommendation:  Utilities Director recommends adoption of the Resolution.
 
 8E.Utilities Department - Phosphate - Sole Source Purchase  (pp. 88-92)

Resolution approving the purchase of Carus 8500 phosphate, from Carus Corporation, 315 Fifth Street, Peru, Illinois 61345, to use as a corrosion inhibitor to reduce lead and copper in the City's water distribution system.  The phosphate cost is $0.69/lb the same price as fiscal year 09-10 and 10-11 and is a reduction from the 2008-2009 cost of $0.75/lb.   Staff anticipates using approximately 170,000 pounds of phosphate for a maximum cost of $117,300 in fiscal year 2011-2012.  This is a sole source purchase due to the fact this blend of phosphate performs best in the City's water system and is proprietary of Carus Corporation.  Funds available in the Water and Sewer Fund.

            Recommendation:  Utilities Director recommends adoption of the Resolution.
 
9. Discussion.
 
 9A.Discussion - Redistricting - Bryant Miller Olive  (pp. 93-96)

Redistricting consultant Bryant Miller Olive will lead the discussion with the City Commission and City staff on the current City Commission Zone boundaries and provide current census data overlay.  This will be the first meeting per the executed contract. 
 
10. Public Hearings.
 
 10A.International City/County Management Corporation-Retirement Corporation (ICMA-RC)  - Agreement Amendment  (pp. 97-119)

Ordinance on second reading - PUBLIC HEARING - amending the Governmental Money Purchase Plan and Trust Adoption Agreement between the City and the International City/County Management Corporation-Retirement Corporation (ICMA-RC) reducing the City's contributions to employees in the 401A plans.  Contributions for General, Administrative, Professional and Technical employees in Plan #109439 will be reduced to 4.91%; Contributions for Executive employees in Plan #109440 will be reduced to 6.27%.  This will result in a projected annual saving to the City of approximately $60,176. 

            Sally McCarroll, Human Resources Director, to report.

            Recommendation:  Human Resources Director recommends adopting 
            the Ordinance.
            Action:  Motion to adopt the Ordinance.
 
 10B.Main Street Redevelopment Plan - 2011 Amendments   (pp. 120-162)

Ordinance on second reading - PUBLIC HEARING - approving amendments to the Main Street Redevelopment Plan that incorporates certain goals, policies, and objectives provided in the E-Zone Master Plan.  On September 14th the Main Street/South Atlantic Redevelopment Area Board voted to recommend to the Community Redevelopment Agency certain amendments to the Main Street Redevelopment Plan for the primary purpose of revising and adding goals, policies, and objectives that reference certain recommendations provided in the E-Zone Master Plan, and to remove references to the roundabout that the E-Zone Master Plan identified at the intersection of S. Atlantic Avenue and Main Street.  On September 22nd the Planning Board voted to approve the finding that the proposed amendments conform to the Comprehensive Plan.  On October 5th the Community Redevelopment Agency voted to recommend the City Commission approve the proposed amendments to the Main Street Redevelopment Plan as amended, and forward its recommendation to the City Commission, and directed staff to send notice to affected taxing districts. 

            Reed Berger, Redevelopment Director, to report.

            Recommendation:  Main Street/South Atlantic Redevelopment Area Board
                                           voted 9-to-0 to approve.
                                           Planning Board voted 11-to-0 to approve.
                                           Community Redevelopment Agency voted 7-to-0
                                           to approve as amended.
            Action:  Motion to adopt the Ordinance.
 
 10C.Temporary Moratorium - Internet Cafés  (pp. 163-176)

Ordinance on first reading - PUBLIC HEARING - establishing a 180-day temporary moratorium on the establishment of and issuance of permits for certain uses commonly known as Internet Cafés or Sweepstakes Redemption Centers.   The use is not specifically provided for in the Land Development Code.  The City currently treats such uses as “Games of Skill” (the most similar use which is specifically addressed in the LDC).  The moratorium will allow time to consider whether the use should be specifically added to the LDC, and, if so, the appropriate zoning regulations to apply.  Applicant:  Development and Administrative Services Department, Planning Division.            

            Richard Walton, Planning Director, to report.      
      
            Recommendation:  Planning Board recommends approval 10-to-1.  
            Action:  Motion to pass the Ordinance on first reading.                  
                  Note:  If passed, Public Hearing, November 16.
 
 10D.Large Scale Comprehensive Plan Amendment – E-Zone Master Plan - DEV2011-054  (pp. 177-213)

Resolution - PUBLIC HEARING - authorizing transmittal of Large Scale Comprehensive Plan Amendments (LSCPA) to state agencies and local jurisdictions for review and comments prior to final adoption.  The amendments establish and overlay the E-Zone Future Land Use Map designation for 141.88 ± acres of land and the general location is in the core tourist area of the City.  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. 
 
11. Administrative Items.
 
 11A.Land Development Code Text Amendment – Minor Modifications from the Architectural Design Standards  (pp. 214-236)

Ordinance on first reading - amending the Land Development Code (LDC), Article 4, Section 14.2 and Article 18, Section 4.3, authorizing City staff to consider minor modifications to development project reviews in relation to the architectural design standards.  Applicant:  Development and Administrative Services Department, Planning Division. 

            Richard Walton, Planning Director, to report.

            Recommendation:  Planning Board recommends approval 11-to-0 
            with recommendations.   
            Action:  Motion to pass the Ordinance on first reading.
                  Note:  If passed, Public Hearing, November 16.
 
 11B.Exemption of Ad Valorem Tax - Teledyne ODI Inc.  (pp. 237-259)

Ordinance on first reading - recommending Teledyne ODI, Inc. to the state as a Qualified Brownfield Business pursuant to 288.106 and 288.107 F.S., and approving an exemption of ad valorem tax over a seven year period to provide funding for the 20 percent local match amount required by the state to participate in the Florida Brownfield Refund Bonus Redevelopment state incentive program.  Teledyne ODI, Inc. by virtue of its location, its status as a Target Industry Business, and its plan to expand including a 50,000 square foot building and creation 100 new jobs at an average annual wage of $50,000, meets the City adopted criteria per Resolution 02-271 to receive an exemption and is therefore eligible for incentives under the Florida Qualified Target Industry (QTI) and Florida Brownfield Refund Bonus Redevelopment programs.  The proposed exemption of ad valorem tax schedule is:  years 1-2 at 100 percent, years 3-4 at 75 percent, years 5-6 at 50 percent, and year 7 at 25 percent, and has an estimated value amount per the Office of Volusia County Property Appraiser of $208,219.  The Economic Development Advisory Board unanimously recommended approval to use the tax schedule above to provide funding in the form of an exemption ad valorem tax totaling $208,219 for the required local match amount for Teleedyne ODI, Inc. to participate in the Florida Brownfield Refund Bonus Redevelopment program at its October 19, 2011 meeting.           

            Emory Counts, Economic & Community Development Director, to report.

            Recommendation:  Economic & Community Development Director
            recommends passing the Ordinance on first reading.
            Action:  Motion to pass the Ordinance.
                  Note:  If passed, Public Hearing, November 16.
 
 11C.Farmers Market Management - Request for Proposals (RFP)  (pp. 260-270)

Resolution authorizing City staff to issue a Request for Proposals (RFP) to invite responsible organizations with a track record of downtown promotion and event management to submit competitive proposals to manage and operate a farmers market.

            Reed Berger, Redevelopment Director, to report.

            Recommendation:  Redevelopment Director recommends adoption of the
            Resolution.
            Action:  Motion to adopt the Resolution. 
 
 11D.Appeal - Site Plan - Case No. DEV2011-043 - 719 S. Martin Luther King Boulevard  (pp. 271-320)   (QUASI-JUDICIAL HEARING)

Resolution approving a request for site plan approval by Mark Dowst, Mark Dowst & Associates, on behalf of the property owners, Absanullah Mahbubor Rasul & Omar Imam, for a convenience store located at 719 S. Martin Luther King Boulevard, and reversing the decision of the Midtown Redevelopment Area Board in Case No. DEV2011-043.   On October 11, 2011, the Midtown Redevelopment Area Board considered the site plan application.  A motion to approve the site plan failed by a vote of 2-to-4.   The applicant filed this appeal to the City Commission in accordance with Article 3, Section 5.4 (b), of the Land Development Code.  The applicant’s position is that the site plan meets all criteria established in the LDC and must be approved.  The City Commission may consider the record made at the Redevelopment Board and any additional new evidence presented, and may affirm, modify, or reverse the decision of the Redevelopment Board.               

            Reed Berger, Redevelopment Director, to report.            

            Recommendation:  Commission action.            
            Action:  Motion to adopt the Resolution.
 
 11E.Amendment - Temporary Suspension of Certain Impact Fees  **Addendum added 11-01-11**

Ordinance on first reading - amending Ordinance No. 06-263 to temporarily suspend certain impact fee for a period of three (3) years, effective retroactively from October 1, 2011 through September 30, 2014.  Staff believes suspension of certain Impact Fees will alleviate a portion of the financial responsibility from developers and business; assisting in economic growth.  Staff recommends temporarily suspending the collection of the Road, Fire/Emergency Management Service, Police and General Governmental Impact Fees.  No other impact fees than those stated above shall be suspended or waived at this time.  

            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, December 7.
 
12. Comments and inquiries from the City Commission - City Manager and City Attorney report.
 
13. Adjournment.