February 17, 2016 Regular City Commission Meetings
»
Items 1 - 3 - 1. ROLL CALL.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG
Items 1 - 3
1. ROLL CALL.2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG
»
Item 4 - APPROVAL OF MINUTES.
4A. Approval of Minutes
Approval of the minutes of the January 20, 2016, Regular City Commission Meeting
and the December 16, 2015 City Attorney Hiring Workshop held at City Hall, 301
South Ridgewood Avenue, Daytona Beach, Florida.
Item 4
APPROVAL OF MINUTES.4A. Approval of Minutes
Approval of the minutes of the January 20, 2016, Regular City Commission Meeting
and the December 16, 2015 City Attorney Hiring Workshop held at City Hall, 301
South Ridgewood Avenue, Daytona Beach, Florida.
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Item 5 - AGENDA APPROVAL.
THOSE MATTERS INCLUDED UNDER THE CONSENT AGENDA ARE SELFEXPLANATORY
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.
Item 5
AGENDA APPROVAL.THOSE MATTERS INCLUDED UNDER THE CONSENT AGENDA ARE SELFEXPLANATORY
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.
»
Addendum Item - Addendum Item
Addendum Item
Addendum Item»
Item 6 - PRESENTATION.
6A. BEAUTIFICATION AWARDS - FEBRUARY 2016: (pp. 10-12)
Residential Award:
John and Karen Yarbrough, 720 Kentucky Street, Commissioner Patrick Henry, Zone 5
to present.
Commercial Award:
Ferst Eye Institute, 1201 South Ridgewood Avenue, Mayor Derrick L. Henry to
present.
Item 6
PRESENTATION.6A. BEAUTIFICATION AWARDS - FEBRUARY 2016: (pp. 10-12)
Residential Award:
John and Karen Yarbrough, 720 Kentucky Street, Commissioner Patrick Henry, Zone 5
to present.
Commercial Award:
Ferst Eye Institute, 1201 South Ridgewood Avenue, Mayor Derrick L. Henry to
present.
»
Item 7 - CITIZENS.
7A. PUBLIC COMMENTS BY PEOPLE ADDRESSING THE CITY COMMISSION
During this time Citizens have the opportunity to address the City Commission on any
item on the Consent Agenda or any other matter that is not on the Agenda.
Item 7
CITIZENS.7A. PUBLIC COMMENTS BY PEOPLE ADDRESSING THE CITY COMMISSION
During this time Citizens have the opportunity to address the City Commission on any
item on the Consent Agenda or any other matter that is not on the Agenda.
»
Consent Agenda - 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. Orange Avenue Underground Utility Easements (pp. 14-26)
NovusAGENDA
http://agenda.codb.us/PublicWeb/MeetingView.aspx?MeetingID=336&MinutesMeetingID=-1&doctype=Agenda[2/11/2016 2:38:53 PM]
Resolution authorizing conveyance of three revised underground easements on a City
owned parcel of land located along Orange Avenue required for the burial of overhead
electrical service lines and the placement of electrical equipment in the Orange Avenue
Roadway Reconstruction Project.
Recommendation: Deputy Public Works Director recommends adoption of the
Resolution.
8B. Mandatory Insurance Reporting Services for Medicare & Medicaid State Children's
Health Insurance Act of 2007 (pp. 27-44)
Resolution accepting the terms and conditions of the original contract with Gould &
Lamb (now known as Exam Works), 101 Riverfront Boulevard, Suite 100, Bradenton,
FL 34205 and granting the City Manager authority to exercise the renewals for
the federally mandated insurer reporting requirements services performed. Section 111
of the Medicare, Medicaid and SCHIP Extension Act of 2007 mandates the reporting
of claims information to Medicare regarding workers’ compensation, liability, and nofault
claims involving claimants that are eligible or are potentially eligible for Medicare
benefits. Failure to comply with the reporting requirements of Section 111 results
in penalties of $1,000 per day per claim. Funds available in the Consolidated Insurance
Fund.
Recommendation: Human Resources Director recommends adoption of the
Resolution.
8C. Utilities Department - 2016 Volusia Multi-Jurisdictional Program for Public
Involvement Plan (pp. 45-71)
Resolution authorizing The City of Daytona Beach to adopt the 2016 Volusia Multi-
Jurisdictional Program for Public Involvement. The purpose of adopting this plan is to
comply with the requirements under the Community Rating System (CRS). The CRS
qualifies Daytona Beach property owners for a reduction in their flood insurance
premiums. The current reduction is 20% in the special flood hazard area and 10%
outside of the special flood hazard area. There is no City funding associated with this
request.
Recommendation: Utilities Director recommends adoption of the Resolution.
8D. Utilities Department - Lift Station 10 and Infrastructure Improvement Projects Parts A,
B and C - Final Reconciliation - Contracts (pp. 72-94)
Resolution approving the final reconciliation agreements for the separate construction
contracts for the Lift Station 10 and Infrastructure Improvement Projects – Parts A, B
and C; Contract No. 0314-0350, 0314-0280 and 0314-1250, respectively; approving the
final adjusted contract price of $11,101,214.61for Part A, B and C, which includes
Change Orders totaling $311,935.11 added to the original contract price of
$10,789.279.50.
The final completion dates are December 28, 2015 for Part A, September 10, 2015 for
Part B and November 11, 2015 for Part C, with a one-year warranty period beginning
September 10, 2015 for Part A, a two-year warranty period beginning September for
Part B and a two-year warranty period beginning September 3, 2015 for Part C. No
additional funds are associated with this request.
Recommendation: Utilities Director recommends adoption of the Resolution.
NovusAGENDA
http://agenda.codb.us/PublicWeb/MeetingView.aspx?MeetingID=336&MinutesMeetingID=-1&doctype=Agenda[2/11/2016 2:38:53 PM]
8E. Beville Road Median Landscaping Project - Phase II (Clyde Morris Boulevard to US1) -
FDOT Joint Participation Agreement (pp. 95-126)
Resolution accepting the Florida Department Of Transportation (FDOT) Joint
Participation Agreement (JPA) No. 437856-1-58-01 providing a $300,000 grant for the
median landscaping project on Beville Road between Clyde Morris Boulevard and
US1, and authorizing the City Manager or his designee to execute all necessary
documents for this grant. Acceptance of this JPA is needed to implement the grant
which will beautify the medians with landscaping that meets the Department’s “Bold
Landscape” Initiative. The grant will be a reimbursement to the City based on the JPA,
and will cover the cost of the plant material and its installation. Bold landscaping is an
FDOT initiative to adapt to current landscape market conditions, and to instantly create
roadside landscapes that can help attract and grow business in Florida with more
emphasis on trees and less on shrubs to instantly increase “curb appeal”.
Recommendation: Deputy Public Works Director recommends adoption of the
Resolution.
8F. ISB Median Landscaping Project (Midway Avenue to Nova Road) - FDOT Joint
Participation Agreement (pp. 127-159)
Resolution accepting the Florida Department Of Transportation (FDOT) Joint
Participation Agreement (JPA) No. 437857-1-58-01 that provides a $250,000 grant for
the median landscaping project on International Speedway Blvd (ISB) between Midway
Avenue to Nova Road, and authorizing the City Manager or his designee to execute all
necessary documents for this grant. Acceptance of this JPA is needed to implement the
grant which will beautify the medians with landscaping that meets the Department’s
“Bold Landscape” Initiative. The grant will be a reimbursement to the City based on
the JPA, and will cover the cost of the plant material and its installation. Bold
landscaping is an FDOT initiative to adapt to current landscape market conditions, and
to instantly create roadside landscapes that can help attract and grow business in Florida
with more emphasis on trees and less on shrubs to instantly increase “curb appeal”.
Recommendation: Deputy Public Works Director recommends adoption of the
Resolution.
8G. Restoration of the Historic Bandshell Phase 1A - Contract Approval (pp. 160-202)
Resolution accepting the lowest responsive bid from Saboungi Construction, Inc., 290
North US Highway 1, Ormond Beach, FL 32174, for restoration of the
Historic Bandshell - phase 1A. A grant from the Florida Department of State, Bureau
of Historic Resources will fund a portion of the cost in the amount of $278,435,
the City is responsible for $156,365, for a total cost of $435,800. Funds available in the
Mainstreet Redevelopment Trust Fund and the Grant Projects Fund.
Recommendation: Deputy Public Works Director recommends adoption of the
Resolution.
8H. Allocation of Bike Week Sponsorship Funds (pp. 203-205)
Resolution authorizing payment from the General Fund in the amount of:
NovusAGENDA
http://agenda.codb.us/PublicWeb/MeetingView.aspx?MeetingID=336&MinutesMeetingID=-1&doctype=Agenda[2/11/2016 2:38:53 PM]
$500 to Greater Daytona Shrine Club for general donation from the Bike Week
Sponsorship Funds of Commissioner Robert Gilliland.
$500 to the Homeless Public Assistance Fund for the Salvation Army 90-day
Emergency Shelter for homeless from the Bike Week Sponsorship funds of Mayor
Derrick Henry.
$100 to the Halifax Historical Society for Jackie Robinson 70th Anniversary Gala
Celebration, $150 to the Masonic Life Majesty Chapter #565 for Easter Egg Hunt
- Silver Egg Sponsor, $100 to Morning Star Baptist Church for the 10th Year Pastor's
Anniversary - Full Page Advertisement, $120 to Zeta Phi Beta Sorority, Inc. for first
annual "Bingo for Handbags & More" fundraiser and $300 to Delta Sigma Theta
Sorority, Inc. for "A Night at the Cotton Club" donation from the Bike Week
Sponsorship Funds of Commissioner Paula Reed.
Recommendation: Chief Financial Officer recommends adoption of the
Resolution.
Consent Agenda
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. Orange Avenue Underground Utility Easements (pp. 14-26)
NovusAGENDA
http://agenda.codb.us/PublicWeb/MeetingView.aspx?MeetingID=336&MinutesMeetingID=-1&doctype=Agenda[2/11/2016 2:38:53 PM]
Resolution authorizing conveyance of three revised underground easements on a City
owned parcel of land located along Orange Avenue required for the burial of overhead
electrical service lines and the placement of electrical equipment in the Orange Avenue
Roadway Reconstruction Project.
Recommendation: Deputy Public Works Director recommends adoption of the
Resolution.
8B. Mandatory Insurance Reporting Services for Medicare & Medicaid State Children's
Health Insurance Act of 2007 (pp. 27-44)
Resolution accepting the terms and conditions of the original contract with Gould &
Lamb (now known as Exam Works), 101 Riverfront Boulevard, Suite 100, Bradenton,
FL 34205 and granting the City Manager authority to exercise the renewals for
the federally mandated insurer reporting requirements services performed. Section 111
of the Medicare, Medicaid and SCHIP Extension Act of 2007 mandates the reporting
of claims information to Medicare regarding workers’ compensation, liability, and nofault
claims involving claimants that are eligible or are potentially eligible for Medicare
benefits. Failure to comply with the reporting requirements of Section 111 results
in penalties of $1,000 per day per claim. Funds available in the Consolidated Insurance
Fund.
Recommendation: Human Resources Director recommends adoption of the
Resolution.
8C. Utilities Department - 2016 Volusia Multi-Jurisdictional Program for Public
Involvement Plan (pp. 45-71)
Resolution authorizing The City of Daytona Beach to adopt the 2016 Volusia Multi-
Jurisdictional Program for Public Involvement. The purpose of adopting this plan is to
comply with the requirements under the Community Rating System (CRS). The CRS
qualifies Daytona Beach property owners for a reduction in their flood insurance
premiums. The current reduction is 20% in the special flood hazard area and 10%
outside of the special flood hazard area. There is no City funding associated with this
request.
Recommendation: Utilities Director recommends adoption of the Resolution.
8D. Utilities Department - Lift Station 10 and Infrastructure Improvement Projects Parts A,
B and C - Final Reconciliation - Contracts (pp. 72-94)
Resolution approving the final reconciliation agreements for the separate construction
contracts for the Lift Station 10 and Infrastructure Improvement Projects – Parts A, B
and C; Contract No. 0314-0350, 0314-0280 and 0314-1250, respectively; approving the
final adjusted contract price of $11,101,214.61for Part A, B and C, which includes
Change Orders totaling $311,935.11 added to the original contract price of
$10,789.279.50.
The final completion dates are December 28, 2015 for Part A, September 10, 2015 for
Part B and November 11, 2015 for Part C, with a one-year warranty period beginning
September 10, 2015 for Part A, a two-year warranty period beginning September for
Part B and a two-year warranty period beginning September 3, 2015 for Part C. No
additional funds are associated with this request.
Recommendation: Utilities Director recommends adoption of the Resolution.
NovusAGENDA
http://agenda.codb.us/PublicWeb/MeetingView.aspx?MeetingID=336&MinutesMeetingID=-1&doctype=Agenda[2/11/2016 2:38:53 PM]
8E. Beville Road Median Landscaping Project - Phase II (Clyde Morris Boulevard to US1) -
FDOT Joint Participation Agreement (pp. 95-126)
Resolution accepting the Florida Department Of Transportation (FDOT) Joint
Participation Agreement (JPA) No. 437856-1-58-01 providing a $300,000 grant for the
median landscaping project on Beville Road between Clyde Morris Boulevard and
US1, and authorizing the City Manager or his designee to execute all necessary
documents for this grant. Acceptance of this JPA is needed to implement the grant
which will beautify the medians with landscaping that meets the Department’s “Bold
Landscape” Initiative. The grant will be a reimbursement to the City based on the JPA,
and will cover the cost of the plant material and its installation. Bold landscaping is an
FDOT initiative to adapt to current landscape market conditions, and to instantly create
roadside landscapes that can help attract and grow business in Florida with more
emphasis on trees and less on shrubs to instantly increase “curb appeal”.
Recommendation: Deputy Public Works Director recommends adoption of the
Resolution.
8F. ISB Median Landscaping Project (Midway Avenue to Nova Road) - FDOT Joint
Participation Agreement (pp. 127-159)
Resolution accepting the Florida Department Of Transportation (FDOT) Joint
Participation Agreement (JPA) No. 437857-1-58-01 that provides a $250,000 grant for
the median landscaping project on International Speedway Blvd (ISB) between Midway
Avenue to Nova Road, and authorizing the City Manager or his designee to execute all
necessary documents for this grant. Acceptance of this JPA is needed to implement the
grant which will beautify the medians with landscaping that meets the Department’s
“Bold Landscape” Initiative. The grant will be a reimbursement to the City based on
the JPA, and will cover the cost of the plant material and its installation. Bold
landscaping is an FDOT initiative to adapt to current landscape market conditions, and
to instantly create roadside landscapes that can help attract and grow business in Florida
with more emphasis on trees and less on shrubs to instantly increase “curb appeal”.
Recommendation: Deputy Public Works Director recommends adoption of the
Resolution.
8G. Restoration of the Historic Bandshell Phase 1A - Contract Approval (pp. 160-202)
Resolution accepting the lowest responsive bid from Saboungi Construction, Inc., 290
North US Highway 1, Ormond Beach, FL 32174, for restoration of the
Historic Bandshell - phase 1A. A grant from the Florida Department of State, Bureau
of Historic Resources will fund a portion of the cost in the amount of $278,435,
the City is responsible for $156,365, for a total cost of $435,800. Funds available in the
Mainstreet Redevelopment Trust Fund and the Grant Projects Fund.
Recommendation: Deputy Public Works Director recommends adoption of the
Resolution.
8H. Allocation of Bike Week Sponsorship Funds (pp. 203-205)
Resolution authorizing payment from the General Fund in the amount of:
NovusAGENDA
http://agenda.codb.us/PublicWeb/MeetingView.aspx?MeetingID=336&MinutesMeetingID=-1&doctype=Agenda[2/11/2016 2:38:53 PM]
$500 to Greater Daytona Shrine Club for general donation from the Bike Week
Sponsorship Funds of Commissioner Robert Gilliland.
$500 to the Homeless Public Assistance Fund for the Salvation Army 90-day
Emergency Shelter for homeless from the Bike Week Sponsorship funds of Mayor
Derrick Henry.
$100 to the Halifax Historical Society for Jackie Robinson 70th Anniversary Gala
Celebration, $150 to the Masonic Life Majesty Chapter #565 for Easter Egg Hunt
- Silver Egg Sponsor, $100 to Morning Star Baptist Church for the 10th Year Pastor's
Anniversary - Full Page Advertisement, $120 to Zeta Phi Beta Sorority, Inc. for first
annual "Bingo for Handbags & More" fundraiser and $300 to Delta Sigma Theta
Sorority, Inc. for "A Night at the Cotton Club" donation from the Bike Week
Sponsorship Funds of Commissioner Paula Reed.
Recommendation: Chief Financial Officer recommends adoption of the
Resolution.
»
Item 9A - PUBLIC HEARINGS.
9A. Grandview Ave/A1A PD-G - Rezoning (pp. 206-255)
Ordinance on second reading - PUBLIC HEARING - approving a request to rezone
1± acres of land located at 527 N. Atlantic Avenue from Business Retail (BR-1) and
Business Shopping Center (BR-2) to Planned Development-General (PD-G) allowing
for multiple uses and for the development of up to 10,000 square feet of individual
building area. Applicant: Robert A. Merrell III, Esq., Cobb Cole, on behalf of David
Turetsky of Seabreeze A1A, LLC.
Richard Walton, Planning Director, to report.
Recommendation: Planning Board recommends approval 7-to-0.
Action: Motion to adopt Ordinance.
Item 9A
PUBLIC HEARINGS.9A. Grandview Ave/A1A PD-G - Rezoning (pp. 206-255)
Ordinance on second reading - PUBLIC HEARING - approving a request to rezone
1± acres of land located at 527 N. Atlantic Avenue from Business Retail (BR-1) and
Business Shopping Center (BR-2) to Planned Development-General (PD-G) allowing
for multiple uses and for the development of up to 10,000 square feet of individual
building area. Applicant: Robert A. Merrell III, Esq., Cobb Cole, on behalf of David
Turetsky of Seabreeze A1A, LLC.
Richard Walton, Planning Director, to report.
Recommendation: Planning Board recommends approval 7-to-0.
Action: Motion to adopt Ordinance.
»
Item 9B - Morteza Hosseini-Kargar - Planned Development-General - Development Agreement
Extension (pp. 256-276)
Ordinance on second reading - PUBLIC HEARING - approving a five (5) year
extension allowing the applicant to complete Phase 4 of the Morteza Hosseini-Kargar
Planned District Agreement originally approved by Ordinance No. 96-303, extending
the completion schedule to February 23, 2021. Applicant: Richard D. Smith, ICI
Homes on behalf of Morteza Hosseini-Kargar.
Richard Walton, Planning Director, to report.
Recommendation: Deputy City Manager/Administrative Services recommends
approval.
Action: Motion to adopt Ordinance.
Item 9B
Morteza Hosseini-Kargar - Planned Development-General - Development AgreementExtension (pp. 256-276)
Ordinance on second reading - PUBLIC HEARING - approving a five (5) year
extension allowing the applicant to complete Phase 4 of the Morteza Hosseini-Kargar
Planned District Agreement originally approved by Ordinance No. 96-303, extending
the completion schedule to February 23, 2021. Applicant: Richard D. Smith, ICI
Homes on behalf of Morteza Hosseini-Kargar.
Richard Walton, Planning Director, to report.
Recommendation: Deputy City Manager/Administrative Services recommends
approval.
Action: Motion to adopt Ordinance.
»
Item 10A - ADMINISTRATIVE ITEMS.
10A.Fire Department - Outside Detail User Fee - Amendment (pp. 277-279)
Ordinance on first reading - amending Ordinance No. 03-226, to increase the user fee
per person, per hour for firefighter from $30 to $40 and for fire supervisor from $33 to
NovusAGENDA
http://agenda.codb.us/PublicWeb/MeetingView.aspx?MeetingID=336&MinutesMeetingID=-1&doctype=Agenda[2/11/2016 2:38:53 PM]
$43; user fee to include an administrative charge to cover administrative costs. This
amendment will maintain consistency with user fees for police officer and police
supervisor. The increase has been agreed upon by the International Association of
Firefighters, Local 1162 and it's effective date is April 1, 2016.
Dru Driscoll, Fire Chief, to report.
Recommendation: Fire Chief recommends passing Ordinance on first reading.
Action: Motion to pass Ordinance on first reading.
Note: If passed, Public Hearing, March 2, 2016.
Item 10A
ADMINISTRATIVE ITEMS.10A.Fire Department - Outside Detail User Fee - Amendment (pp. 277-279)
Ordinance on first reading - amending Ordinance No. 03-226, to increase the user fee
per person, per hour for firefighter from $30 to $40 and for fire supervisor from $33 to
NovusAGENDA
http://agenda.codb.us/PublicWeb/MeetingView.aspx?MeetingID=336&MinutesMeetingID=-1&doctype=Agenda[2/11/2016 2:38:53 PM]
$43; user fee to include an administrative charge to cover administrative costs. This
amendment will maintain consistency with user fees for police officer and police
supervisor. The increase has been agreed upon by the International Association of
Firefighters, Local 1162 and it's effective date is April 1, 2016.
Dru Driscoll, Fire Chief, to report.
Recommendation: Fire Chief recommends passing Ordinance on first reading.
Action: Motion to pass Ordinance on first reading.
Note: If passed, Public Hearing, March 2, 2016.
»
Item 10B - Appointment Of Acting City Attorney (pp. 280-283)
Resolution appointing Robert Jagger as Acting City Attorney for an interim period
commencing March 1, 2016, and authorizing assignment of outside counsel and
payment of legal costs and fees in connection with the City's self-insurance program
and other specialized areas of law.
Marie Hartman, City Attorney, to report.
Recommendation: Commission Action.
Action: Motion to adopt the Resolution.
Item 10B
Appointment Of Acting City Attorney (pp. 280-283)Resolution appointing Robert Jagger as Acting City Attorney for an interim period
commencing March 1, 2016, and authorizing assignment of outside counsel and
payment of legal costs and fees in connection with the City's self-insurance program
and other specialized areas of law.
Marie Hartman, City Attorney, to report.
Recommendation: Commission Action.
Action: Motion to adopt the Resolution.
»
Items 11 & 12 - 11. COMMENTS AND INQUIRIES FROM THE CITY COMMISSION - CITY
MANAGER AND CITY ATTORNEY REPORT.
12. ADJOURNMENT.
Items 11 & 12
11. COMMENTS AND INQUIRIES FROM THE CITY COMMISSION - CITYMANAGER AND CITY ATTORNEY REPORT.
12. ADJOURNMENT.
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