March 4, 2015 Regular City Commission Meetings
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Call to Order - 1. ROLL CALL.
Call to Order
1. ROLL CALL.»
Item 4 - APPROVAL OF MINUTES.
4A.Approval of Minutes
Approval of the minutes of the January 15, 2015, Trap, Neuter & Return Workshop of
the City Commission Meeting Signs Workshop and the 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 15, 2015, Trap, Neuter & Return Workshop of
the City Commission Meeting Signs Workshop and the 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.
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Item 6 - CITIZENS.
6A.PUBLIC COMMENT 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 6
CITIZENS.6A.PUBLIC COMMENT 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.
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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).
7A.Fire Department - Florida Department of Health EMS Matching Grant - Submission and
Acceptance (pp. 9-30)
Resolution authorizing the submittal of a grant application and acceptance of funds if
approved for the 2015 Florida Department of Health – EMS Program, in the amount of
$303,111.27 to purchase nine Zoll X Series Cardiac Monitors; authorizing a cash match
in the amount of $75,777.82; and authorizing the City Manager or his designee to
execute all necessary documents in furtherance of the grant. Funding will need to be
included in the General Fund for FY 16 adopted budget.
Recommendation: Fire Chief recommends adoption of the Resolution.
7B. Public Works Department - Thadcon, LLC Construction Contract 2009-22 - 2013-35 -
Amendment No. 2 (pp. 31-35)
Resolution approving Amendment No 2 to the construction contract with Thadcon, LLC
to amend the change order requirements to provide more flexibility in project
administration; adding Article X providing that a change order may include up to 17.5
percent of the value of the change order for profit and overhead. This will make the
contract consistent with State, Federal and Industry Standards regarding change orders.
Recommendation: Deputy City Manager/Operations recommends adoption of the
Resolution.
7C.Support Services - Use of Riverfront Park - License Agreement - Addendum (pp. 36-52)
Resolution approving an Addendum to the License Agreement with Biker Threads, LLC,
1637 N. US Hwy 1, Ormond Beach, FL 32174, for the use of the Riverfront Park, to
extend the agreement for an addition six-year term commencing on January 1, 2016 and
ending December 31, 2012. The license fee for the year 2016 will be $90,000; for year
2017 it will be $95,000; for years 2018-2020 it will be $100,000; and the fee is $105,000
for the final year of 2021. All other provisions of the License Agreement will remain the
same.
Recommendation: Deputy City Manager/Administrative Services recommends
adoption of the Resolution.
7D.The City of Daytona Beach Municipal Golf Course - Fairway Tavern LLC - Lease
Agreement (pp. 53-70) Resolution approving an agreement with Fairway Tavern, LLC to operate the Gold
Course Restaurant at The Daytona Beach Golf Club, 600 Wilder Boulevard, Daytona
Beach, for a three-year term commencing on March 1, 2015 and ending on February 28,
2018, with one (1) two-year renewal option. The base rent will be $1,000 per month
with an annual increase per the Consumer Price Index; in addition the base rent per
month, Lessee will pay a percentage rent of two percent of gross sales and sales and/or
use taxes.
Recommendation: Leisure Services Director recommends adoption of the
Resolution.
7E. Information Technology Department - Master Service Agreement - Bright House
Networks Services Bundle - Approval (pp. 71-114)
Resolution approving a Master Service Agreement (MSA), Rider to the MSA, a sixty
(60) month Service Order, and Installation and Access Agreements to facilitate the
adoption of a communications services bundle from Bright House Networks (BHN)
Enterprise Solutions, P.O. Box 30574, Tampa FL 33630, for a total expenditure of
$2,000 in non-recurring charges plus $6,957.20 per month, for a total of $50,700.40 to
the end of FY15 ($83,486.40 annually). This represents an annual reduction in the
communications services expense in the amount of $2,034, with the objectives of
increasing Internet bandwidth and redundancy, decreasing long distance calling
expenses, and enhancing customer service. Funds available in the Information
Technology Fund.
Recommendation: Chief Financial Officer recommends adoption of the Resolution.
7F. Westside Elementary School Sidewalk Improvements - LAP Supplemental Agreement &
Change Order No. 1 - Approval (pp. 115-129)
Resolution approving deductive Change Order No. 1 to Contract No. 2011-023 with
Saboungi Construction, Inc., 290 North U.S. 1, Ormond Beach, FL 32174, for a total
decrease of $18,636.75; and approving a Florida Department of Transportation (FDOT)
Local Agency Program (LAP) Supplemental Agreement to document the changes. Per
Resolution 14-196, the City had executed a Florida Department of Transportation
(FDOT) Local Agency Program (LAP) reimbursable grant agreement to construct a
sidewalk along Jimmy Ann Drive. The City was to cover the cost of the decorative
crosswalk construction however, this has been omitted from this project due to
constructibility concerns. An FDOT Special Emphasis crosswalk will be completed in
place of the decorative crosswalk and the cost will be covered by FDOT funds.
Recommendation: Deputy City Manager/Operations recommends adoption of the
Resolution.
7G.Traffic Signal Mast Arm Upgrades - West International Speedway Boulevard - Florida
Department of Transportation - Locally Funded Agreement - Approval (pp. 130-145)
Resolution approving a Locally Funded Agreement (LFA) with the Florida Department
of Transportation (FDOT), in the amount of $17,900, to upgrade six (6) single mast arms
and one double mast arm from standard galvanized to black painted galvanized mast are
structures on West International Speedway Boulevard (ISB) at Midway Avenue and
Adams Street. The implementation of this LFA will maintain the aesthetics and
consistency of the West ISB main entrance of the City. Funds available in the
Transportation Gas Tax Fund.
Recommendation: Deputy City Manager/Operations 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).
7A.Fire Department - Florida Department of Health EMS Matching Grant - Submission and
Acceptance (pp. 9-30)
Resolution authorizing the submittal of a grant application and acceptance of funds if
approved for the 2015 Florida Department of Health – EMS Program, in the amount of
$303,111.27 to purchase nine Zoll X Series Cardiac Monitors; authorizing a cash match
in the amount of $75,777.82; and authorizing the City Manager or his designee to
execute all necessary documents in furtherance of the grant. Funding will need to be
included in the General Fund for FY 16 adopted budget.
Recommendation: Fire Chief recommends adoption of the Resolution.
7B. Public Works Department - Thadcon, LLC Construction Contract 2009-22 - 2013-35 -
Amendment No. 2 (pp. 31-35)
Resolution approving Amendment No 2 to the construction contract with Thadcon, LLC
to amend the change order requirements to provide more flexibility in project
administration; adding Article X providing that a change order may include up to 17.5
percent of the value of the change order for profit and overhead. This will make the
contract consistent with State, Federal and Industry Standards regarding change orders.
Recommendation: Deputy City Manager/Operations recommends adoption of the
Resolution.
7C.Support Services - Use of Riverfront Park - License Agreement - Addendum (pp. 36-52)
Resolution approving an Addendum to the License Agreement with Biker Threads, LLC,
1637 N. US Hwy 1, Ormond Beach, FL 32174, for the use of the Riverfront Park, to
extend the agreement for an addition six-year term commencing on January 1, 2016 and
ending December 31, 2012. The license fee for the year 2016 will be $90,000; for year
2017 it will be $95,000; for years 2018-2020 it will be $100,000; and the fee is $105,000
for the final year of 2021. All other provisions of the License Agreement will remain the
same.
Recommendation: Deputy City Manager/Administrative Services recommends
adoption of the Resolution.
7D.The City of Daytona Beach Municipal Golf Course - Fairway Tavern LLC - Lease
Agreement (pp. 53-70) Resolution approving an agreement with Fairway Tavern, LLC to operate the Gold
Course Restaurant at The Daytona Beach Golf Club, 600 Wilder Boulevard, Daytona
Beach, for a three-year term commencing on March 1, 2015 and ending on February 28,
2018, with one (1) two-year renewal option. The base rent will be $1,000 per month
with an annual increase per the Consumer Price Index; in addition the base rent per
month, Lessee will pay a percentage rent of two percent of gross sales and sales and/or
use taxes.
Recommendation: Leisure Services Director recommends adoption of the
Resolution.
7E. Information Technology Department - Master Service Agreement - Bright House
Networks Services Bundle - Approval (pp. 71-114)
Resolution approving a Master Service Agreement (MSA), Rider to the MSA, a sixty
(60) month Service Order, and Installation and Access Agreements to facilitate the
adoption of a communications services bundle from Bright House Networks (BHN)
Enterprise Solutions, P.O. Box 30574, Tampa FL 33630, for a total expenditure of
$2,000 in non-recurring charges plus $6,957.20 per month, for a total of $50,700.40 to
the end of FY15 ($83,486.40 annually). This represents an annual reduction in the
communications services expense in the amount of $2,034, with the objectives of
increasing Internet bandwidth and redundancy, decreasing long distance calling
expenses, and enhancing customer service. Funds available in the Information
Technology Fund.
Recommendation: Chief Financial Officer recommends adoption of the Resolution.
7F. Westside Elementary School Sidewalk Improvements - LAP Supplemental Agreement &
Change Order No. 1 - Approval (pp. 115-129)
Resolution approving deductive Change Order No. 1 to Contract No. 2011-023 with
Saboungi Construction, Inc., 290 North U.S. 1, Ormond Beach, FL 32174, for a total
decrease of $18,636.75; and approving a Florida Department of Transportation (FDOT)
Local Agency Program (LAP) Supplemental Agreement to document the changes. Per
Resolution 14-196, the City had executed a Florida Department of Transportation
(FDOT) Local Agency Program (LAP) reimbursable grant agreement to construct a
sidewalk along Jimmy Ann Drive. The City was to cover the cost of the decorative
crosswalk construction however, this has been omitted from this project due to
constructibility concerns. An FDOT Special Emphasis crosswalk will be completed in
place of the decorative crosswalk and the cost will be covered by FDOT funds.
Recommendation: Deputy City Manager/Operations recommends adoption of the
Resolution.
7G.Traffic Signal Mast Arm Upgrades - West International Speedway Boulevard - Florida
Department of Transportation - Locally Funded Agreement - Approval (pp. 130-145)
Resolution approving a Locally Funded Agreement (LFA) with the Florida Department
of Transportation (FDOT), in the amount of $17,900, to upgrade six (6) single mast arms
and one double mast arm from standard galvanized to black painted galvanized mast are
structures on West International Speedway Boulevard (ISB) at Midway Avenue and
Adams Street. The implementation of this LFA will maintain the aesthetics and
consistency of the West ISB main entrance of the City. Funds available in the
Transportation Gas Tax Fund.
Recommendation: Deputy City Manager/Operations recommends adoption of the
Resolution.
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Item 8 - PUBLIC HEARINGS.
8A.Public Use Permit Amendment - Telecommunications Tower, Hinson Middle School
(pp. 146-172)
Resolution - PUBLIC HEARING - amending the existing Public Use Permit at the
Hinson Middle School site, located at 1860 N. Clyde Morris Boulevard, to allow a 150
foot monopole telecommunications tower to be developed. Applicant: Lauralee G.
Westine, Esq., on behalf of the School Board of Volusia County.
Richard Walton, Planning Director, to report.
Recommendation: Planning Board recommends approval 6-to-1.
Action: Motion to adopt the Resolution.
Item 8
PUBLIC HEARINGS.8A.Public Use Permit Amendment - Telecommunications Tower, Hinson Middle School
(pp. 146-172)
Resolution - PUBLIC HEARING - amending the existing Public Use Permit at the
Hinson Middle School site, located at 1860 N. Clyde Morris Boulevard, to allow a 150
foot monopole telecommunications tower to be developed. Applicant: Lauralee G.
Westine, Esq., on behalf of the School Board of Volusia County.
Richard Walton, Planning Director, to report.
Recommendation: Planning Board recommends approval 6-to-1.
Action: Motion to adopt the Resolution.
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Item 9A - Interstate Commerce Park (PCD) - Rezoning, Second Amendment (pp. 173-208)
Ordinance on first reading - approving the Second Amendment to the Interstate
Commerce Park Planned Commercial Development (PCD) Agreement to extend the
expiration date by five years to January 5, 2020. Applicant: Parker Mynchenberg, P.E.,
Parker Mynchenberg and Associates, Inc., on behalf of Indigo Development, LLC.
Richard Walton, Planning Director, to report.
Recommendation: Planning Board recommends approval 7-to-0.
Action: Motion to pass the Ordinance on first reading.
Note: If passed, Public Hearing, March 18.
Item 9A
Interstate Commerce Park (PCD) - Rezoning, Second Amendment (pp. 173-208)Ordinance on first reading - approving the Second Amendment to the Interstate
Commerce Park Planned Commercial Development (PCD) Agreement to extend the
expiration date by five years to January 5, 2020. Applicant: Parker Mynchenberg, P.E.,
Parker Mynchenberg and Associates, Inc., on behalf of Indigo Development, LLC.
Richard Walton, Planning Director, to report.
Recommendation: Planning Board recommends approval 7-to-0.
Action: Motion to pass the Ordinance on first reading.
Note: If passed, Public Hearing, March 18.
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Item 9B - Police Department - Marked Police Vehicles - Lease with Buyout (pp. 209-227)
Ordinance on first reading - approving a three-year, 40,000 mile per year, closed-end
lease for 40 equipped, marked police vehicles for an annual expenditure of $333,600,
beginning October 1, 2015 with The Bancorp/Mears Motor Leasing, 3905 El Ray Road,
Orlando FL 32808. The purpose of this request is to implement a Vehicle Acquisition
Program (VAP) for police vehicles. The leasing cost relative to yearly mileage limits
was evaluated, and analysis using the VAP Financial Model ascertained the option that
was in the best interest of the City was The Bancorp/Mears Motor Leasing. The
recommended scenario allows approximately a third of the marked police vehicle fleet to
be replaced every three years instead of every nine years and provide the VAP Fund a
positive fund balance for the nine year financial model. Funds available in the General
Fund.
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, March 18.
Item 9B
Police Department - Marked Police Vehicles - Lease with Buyout (pp. 209-227)Ordinance on first reading - approving a three-year, 40,000 mile per year, closed-end
lease for 40 equipped, marked police vehicles for an annual expenditure of $333,600,
beginning October 1, 2015 with The Bancorp/Mears Motor Leasing, 3905 El Ray Road,
Orlando FL 32808. The purpose of this request is to implement a Vehicle Acquisition
Program (VAP) for police vehicles. The leasing cost relative to yearly mileage limits
was evaluated, and analysis using the VAP Financial Model ascertained the option that
was in the best interest of the City was The Bancorp/Mears Motor Leasing. The
recommended scenario allows approximately a third of the marked police vehicle fleet to
be replaced every three years instead of every nine years and provide the VAP Fund a
positive fund balance for the nine year financial model. Funds available in the General
Fund.
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, March 18.
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Items 10 & 11 - 10. COMMENTS AND INQUIRIES FROM THE CITY COMMISSION - CITY
MANAGER AND CITY ATTORNEY REPORT.
11. ADJOURNMENT.
Items 10 & 11
10. COMMENTS AND INQUIRIES FROM THE CITY COMMISSION - CITYMANAGER AND CITY ATTORNEY REPORT.
11. ADJOURNMENT.
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