May 4, 2016 Regular City Commission Meetings
»
Call to Order - 1. ROLL CALL.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
Call to Order
1. ROLL CALL.2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
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Item 4 - APPROVAL OF MINUTES.
Approval of Minutes
Approval of the minutes of the April 20, 2016, Regular City Commission Meeting held at
City Hall, 301 South Ridgewood Avenue, Daytona Beach, Florida.
Item 4
APPROVAL OF MINUTES.Approval of Minutes
Approval of the minutes of the April 20, 2016, Regular City Commission Meeting 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 9C - Presentation – Volusia/Flagler Commission on Homelessness – Update **Addendum
added 05-04-16**
The Volusia/Flagler Commission on Homelessness will present an update to the City
Commission.
Sam Willett, Chairman, will report.
Item 9C
Presentation – Volusia/Flagler Commission on Homelessness – Update **Addendumadded 05-04-16**
The Volusia/Flagler Commission on Homelessness will present an update to the City
Commission.
Sam Willett, Chairman, will report.
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Item 6 - CITIZENS
PUBLIC COMMENTS BY THE 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
CITIZENSPUBLIC COMMENTS BY THE 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.Public Works Department - Holsonback Sidewalk Project - Acceptance of Florida
Department Of Transportation (FDOT) Local Agency Program (LAP) Agreement
(pp. 10-36)
Resolution accepting the Local Agency Program (LAP) Agreement (FPN: 439304-1-58-
01) between the City and the Florida Department of Transportation (FDOT) in the
amount of $121,233. The LAP Agreement provides for the construction of a five foot
wide concrete sidewalk on the south side of Holsonback Drive between the Volusia
County Health Department and the Votran Bus Stop on Bill France Blvd.
The Design of the project was completed by Public Works Technical Services staff and
the survey services were provided by a survey firm under a continuing services contract.
The current Construction Opinion of Probable Cost for this project is $121,233 and
Construction costs up to $96,130 will be reimbursable under the LAP agreement. If
there is an outstanding balance not covered by the LAP Agreement after the bids come
in, the City will be responsible for those costs.
Recommendation: Deputy Public Works Director recommends adoption of
the Resolution.
7B. Public Works Department - Supplemental Agreement No.1 to Florida Department Of
Transportation (FDOT) -Memorandum Of Agreement (MOA) Contract (pp. 37-86)
Resolution approving Supplemental Agreement No.1 in the amount of $57,135 to
the FDOT-MOA Contract No. APV41 to include maintenance for the Speed Zone area
on International Speedway Boulevard. Resolution No. 13-119 approved the renewal of a
three-year maintenance reimbursement agreement with the FDOT providing for FDOT
to reimburse the City in the amount of $154,000 annually for the provision of the City
maintenance of FDOT rights-of-way within the City. The contract will expire on June
20, 2016; therefore, the Supplemental Agreement is needed and must be returned to
FDOT prior to the expiration date. Once executed, FDOT will include the amount of
$114,270 in the new three-year agreement.
Recommendation: Deputy Public Works Director recommends adoption of the
Resolution.
7C.Utilities Department - LPGA Boulevard Roadway Widening Project from Jimmy Ann
Drive to Derbyshire Road -Joint Project Agreement (pp. 87-105)
Resolution authorizing the expenditure of an amount not exceed $660,000 for the cost of
the City’s utility portion of work associated with the Joint Project Agreement with
Volusia County for the LPGA Boulevard Widening Project from Jimmy Ann Drive to
Derbyshire Road.
Resolution 15-226, adopted on September 23, 2015, approved a Joint Project Agreement
with Volusia County for the roadway widening of LPGA Boulevard from just east of
Derbyshire Road to Jimmy Ann Drive. The City has existing waterlines within this
portion of LPGA Blvd., which are in conflict with the County’s roadway and stormwater
improvements and have to be relocated. The Joint Project Agreement allows the
County’s roadway and the City’s utility improvements to be constructed as one project
providing an economic advantage to both parties. The City initially established a budget
of $750,000 for our share of the construction project; however, the low bid for the
project places the City’s cost for utility work at $605,097.24. For consistency with
County practices, an approximate $55,000 contingency has been added to the bid price
to prevent time delays due to minor overruns in project quantities. Funds are available
in the Renewal & Replacement 8% Fund.
Recommendation: Director of Utilities recommends adoption of the Resolution.
7D.Human Resources Department - Fraternal Order of Police (FOP) Collective Bargaining
Agreement and Wage Increase (pp. 106-202)
Resolution authorizing a collective bargaining agreement between the City and Fraternal
Order of Police (FOP) for Police Lieutenants for terms and conditions of employment
beginning October 1, 2015 and ending September 30, 2016, (retroactive to October 4,
2015) and authorizing a general wage increase; which is funded in the FY2015/2016
budget.
Recommendation: Human Resources Director recommends adoption of the
Resolution.
7E. Finance Department - Allocation of Bike Week Sponsorship Funds (pp. 203-205)
Resolution authorizing payment from the General Fund in the amount of:
$200 to Daytona Express, Inc. for the general donation to the Track & Field Club from
the Bike Week Sponsorship Funds of Mayor Derrick Henry.
$200 to Daytona Express, Inc. for the general donation to the Track & Field Club from
the Bike Week Sponsorship Funds of Commissioner Paula Reed.
$200 to Daytona Express, Inc. for the general donation to the Track & Field Club from
the Bike Week Sponsorship Funds of Commissioner Patrick Henry.
$100 to Daytona Express, Inc. for the general donation to the Track & Field Club from
the Bike Week Sponsorship Funds of Commissioner Kelly White.
$500 to the Navy League of the United States, Daytona Beach Area Council for a
general sponsorship donation from the Bike Week Sponsorship Funds of Commissioner
Robert Gilliland.
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).
7A.Public Works Department - Holsonback Sidewalk Project - Acceptance of Florida
Department Of Transportation (FDOT) Local Agency Program (LAP) Agreement
(pp. 10-36)
Resolution accepting the Local Agency Program (LAP) Agreement (FPN: 439304-1-58-
01) between the City and the Florida Department of Transportation (FDOT) in the
amount of $121,233. The LAP Agreement provides for the construction of a five foot
wide concrete sidewalk on the south side of Holsonback Drive between the Volusia
County Health Department and the Votran Bus Stop on Bill France Blvd.
The Design of the project was completed by Public Works Technical Services staff and
the survey services were provided by a survey firm under a continuing services contract.
The current Construction Opinion of Probable Cost for this project is $121,233 and
Construction costs up to $96,130 will be reimbursable under the LAP agreement. If
there is an outstanding balance not covered by the LAP Agreement after the bids come
in, the City will be responsible for those costs.
Recommendation: Deputy Public Works Director recommends adoption of
the Resolution.
7B. Public Works Department - Supplemental Agreement No.1 to Florida Department Of
Transportation (FDOT) -Memorandum Of Agreement (MOA) Contract (pp. 37-86)
Resolution approving Supplemental Agreement No.1 in the amount of $57,135 to
the FDOT-MOA Contract No. APV41 to include maintenance for the Speed Zone area
on International Speedway Boulevard. Resolution No. 13-119 approved the renewal of a
three-year maintenance reimbursement agreement with the FDOT providing for FDOT
to reimburse the City in the amount of $154,000 annually for the provision of the City
maintenance of FDOT rights-of-way within the City. The contract will expire on June
20, 2016; therefore, the Supplemental Agreement is needed and must be returned to
FDOT prior to the expiration date. Once executed, FDOT will include the amount of
$114,270 in the new three-year agreement.
Recommendation: Deputy Public Works Director recommends adoption of the
Resolution.
7C.Utilities Department - LPGA Boulevard Roadway Widening Project from Jimmy Ann
Drive to Derbyshire Road -Joint Project Agreement (pp. 87-105)
Resolution authorizing the expenditure of an amount not exceed $660,000 for the cost of
the City’s utility portion of work associated with the Joint Project Agreement with
Volusia County for the LPGA Boulevard Widening Project from Jimmy Ann Drive to
Derbyshire Road.
Resolution 15-226, adopted on September 23, 2015, approved a Joint Project Agreement
with Volusia County for the roadway widening of LPGA Boulevard from just east of
Derbyshire Road to Jimmy Ann Drive. The City has existing waterlines within this
portion of LPGA Blvd., which are in conflict with the County’s roadway and stormwater
improvements and have to be relocated. The Joint Project Agreement allows the
County’s roadway and the City’s utility improvements to be constructed as one project
providing an economic advantage to both parties. The City initially established a budget
of $750,000 for our share of the construction project; however, the low bid for the
project places the City’s cost for utility work at $605,097.24. For consistency with
County practices, an approximate $55,000 contingency has been added to the bid price
to prevent time delays due to minor overruns in project quantities. Funds are available
in the Renewal & Replacement 8% Fund.
Recommendation: Director of Utilities recommends adoption of the Resolution.
7D.Human Resources Department - Fraternal Order of Police (FOP) Collective Bargaining
Agreement and Wage Increase (pp. 106-202)
Resolution authorizing a collective bargaining agreement between the City and Fraternal
Order of Police (FOP) for Police Lieutenants for terms and conditions of employment
beginning October 1, 2015 and ending September 30, 2016, (retroactive to October 4,
2015) and authorizing a general wage increase; which is funded in the FY2015/2016
budget.
Recommendation: Human Resources Director recommends adoption of the
Resolution.
7E. Finance Department - Allocation of Bike Week Sponsorship Funds (pp. 203-205)
Resolution authorizing payment from the General Fund in the amount of:
$200 to Daytona Express, Inc. for the general donation to the Track & Field Club from
the Bike Week Sponsorship Funds of Mayor Derrick Henry.
$200 to Daytona Express, Inc. for the general donation to the Track & Field Club from
the Bike Week Sponsorship Funds of Commissioner Paula Reed.
$200 to Daytona Express, Inc. for the general donation to the Track & Field Club from
the Bike Week Sponsorship Funds of Commissioner Patrick Henry.
$100 to Daytona Express, Inc. for the general donation to the Track & Field Club from
the Bike Week Sponsorship Funds of Commissioner Kelly White.
$500 to the Navy League of the United States, Daytona Beach Area Council for a
general sponsorship donation from the Bike Week Sponsorship Funds of Commissioner
Robert Gilliland.
Recommendation: Chief Financial Officer recommends adoption of
the Resolution.
»
Item 8A - PUBLIC HEARINGS.
Human Resources Department - Mayor and City Commissioners Salary Adjustment
(pp. 206-210)
Ordinance on second reading - PUBLIC HEARING - amending sections 2-57 and 2-
58, City Code, to adjust the Mayor and City Commissioners salary by combining the
weekly expense allowance in their base pay; the Mayor shall receive an annual salary of
$41,059 and each City Commissioner shall receive an annual salary of $23,650.
James Sexton, Human Resources Director, to report.
Recommendation: Commission Action.
Action: Motion to adopt the Ordinance.
Item 8A
PUBLIC HEARINGS.Human Resources Department - Mayor and City Commissioners Salary Adjustment
(pp. 206-210)
Ordinance on second reading - PUBLIC HEARING - amending sections 2-57 and 2-
58, City Code, to adjust the Mayor and City Commissioners salary by combining the
weekly expense allowance in their base pay; the Mayor shall receive an annual salary of
$41,059 and each City Commissioner shall receive an annual salary of $23,650.
James Sexton, Human Resources Director, to report.
Recommendation: Commission Action.
Action: Motion to adopt the Ordinance.
»
Item 8B - Development and Administrative Services, Planning Division - Land Development Code
Text Amendment - Amend Article 5 (Use Standards), Section 5.2.A (Principal
Use Table) (pp. 211-219)
Ordinance on first reading - PUBLIC HEARING - amending the Land Development
Code, Article 5 (Use Standards), Section 5.2.A (Principal Use Table), to allow Other
Indoor Recreation/Entertainment as a permitted principal use in the Industrial Park (M-
4) zoning district. Applicant: Frank T. Severino, Severino Enterprises, Inc.
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 May 18, 2016.
Item 8B
Development and Administrative Services, Planning Division - Land Development CodeText Amendment - Amend Article 5 (Use Standards), Section 5.2.A (Principal
Use Table) (pp. 211-219)
Ordinance on first reading - PUBLIC HEARING - amending the Land Development
Code, Article 5 (Use Standards), Section 5.2.A (Principal Use Table), to allow Other
Indoor Recreation/Entertainment as a permitted principal use in the Industrial Park (M-
4) zoning district. Applicant: Frank T. Severino, Severino Enterprises, Inc.
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 May 18, 2016.
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Item 9A - ADMINISTRATIVE ITEMS.
Development and Administrative Services, Planning Division - Daytona Mixed Use -
Amendment to the First Amended & Restated Planned District Agreement
(pp. 220-263)
Ordinance on first reading - amending the Daytona Mixed Use Planned District
Agreement to add 3± acres of land for a total of 191.9± acres, located on the north side
of West ISB, west of Bill France Blvd., east of West Rd., and on either side of portions
of Dunn Avenue to the north, add Indoor Recreation/Entertainment to the list of
permitted uses, modify height of lighting fixtures in parking areas, modify signage plan,
modify infrastructure and associated improvements, and authorizing the Mayor to
execute the Amendment to the First Amended Planned District Agreement.
Applicant: Robert A. Merrell III, Esq., Cobb Cole, on behalf of 220 BFB, 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, May 18, 2016.
Item 9A
ADMINISTRATIVE ITEMS.Development and Administrative Services, Planning Division - Daytona Mixed Use -
Amendment to the First Amended & Restated Planned District Agreement
(pp. 220-263)
Ordinance on first reading - amending the Daytona Mixed Use Planned District
Agreement to add 3± acres of land for a total of 191.9± acres, located on the north side
of West ISB, west of Bill France Blvd., east of West Rd., and on either side of portions
of Dunn Avenue to the north, add Indoor Recreation/Entertainment to the list of
permitted uses, modify height of lighting fixtures in parking areas, modify signage plan,
modify infrastructure and associated improvements, and authorizing the Mayor to
execute the Amendment to the First Amended Planned District Agreement.
Applicant: Robert A. Merrell III, Esq., Cobb Cole, on behalf of 220 BFB, 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, May 18, 2016.
»
Item 9B - Legal Department - City Code Amendment, Section 62-1, Miscellaneous Offenses
(pp. 264-266)
Ordinance on first reading - amending City Code Section 62-1, Miscellaneous
Offenses to provide that all state misdemeanor offenses - not just second degree
misdemeanor offenses - are a City Code violation. The current Code makes unlawful the
commitment within City limits of any act which is recognized by state statutes as a
second degree misdemeanor. The possession of marijuana under 20 grams and related
paraphernalia is a first degree misdemeanor under state law.
Robert Jagger, City Attorney, to report.
Recommendation: Commission Action.
Action: Motion to pass the Ordinance on first reading.
Note: If passed, Public Hearing, May 18, 2016.
Item 9B
Legal Department - City Code Amendment, Section 62-1, Miscellaneous Offenses(pp. 264-266)
Ordinance on first reading - amending City Code Section 62-1, Miscellaneous
Offenses to provide that all state misdemeanor offenses - not just second degree
misdemeanor offenses - are a City Code violation. The current Code makes unlawful the
commitment within City limits of any act which is recognized by state statutes as a
second degree misdemeanor. The possession of marijuana under 20 grams and related
paraphernalia is a first degree misdemeanor under state law.
Robert Jagger, City Attorney, to report.
Recommendation: Commission Action.
Action: Motion to pass the Ordinance on first reading.
Note: If passed, Public Hearing, May 18, 2016.
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Item 9D - Development and Administrative Services - Salvation Army - Bridge Bed Program
**Addendum added 05-04-16**
Resolution approving a letter agreement to continue providing funding assistance for
The Salvation Army Bridge Bed Program for a 90-day period that will run from April
28, 2016 to July 26, 2016 to help the City address recent homelessness problems within
the City. Under the agreement, the City would pay The Salvation Army a Base Fee of $118,663.90 and up to an additional $1,000 for reimbursement of temporary hotel costs
that may be incurred. The Base Fee will be paid in arrears by the City in three equal
monthly installments upon receipt of invoices from The Salvation Army. The City will
pay the Salvation Army's incurred costs for hotel placement, if any, (subject to the
maximum), when paying the monthly Base Fee installment upon proof of such
contracted costs.
Gary Shimun, Deputy City Manager/Administrative Services, to report.
Recommendation: Deputy City Manager/Administrative Services recommends
adoption of Resolution.
Action: Motion to adopt the Resolution.
Item 9D
Development and Administrative Services - Salvation Army - Bridge Bed Program**Addendum added 05-04-16**
Resolution approving a letter agreement to continue providing funding assistance for
The Salvation Army Bridge Bed Program for a 90-day period that will run from April
28, 2016 to July 26, 2016 to help the City address recent homelessness problems within
the City. Under the agreement, the City would pay The Salvation Army a Base Fee of $118,663.90 and up to an additional $1,000 for reimbursement of temporary hotel costs
that may be incurred. The Base Fee will be paid in arrears by the City in three equal
monthly installments upon receipt of invoices from The Salvation Army. The City will
pay the Salvation Army's incurred costs for hotel placement, if any, (subject to the
maximum), when paying the monthly Base Fee installment upon proof of such
contracted costs.
Gary Shimun, Deputy City Manager/Administrative Services, to report.
Recommendation: Deputy City Manager/Administrative Services recommends
adoption of Resolution.
Action: Motion to adopt the Resolution.
»
Item 9E - Development and Administrative Services - Halifax Urban Ministries - Travelers Aid
Program Funding Agreement ** Addendum added 05-04-16**
Resolution approving an Agreement with Halifax urban Ministries ("HUM") to continue
the City's provision of funding assistance for HUM's traveler's aid program. The
program provides the homeless with transportation arrangements to return to their
families and community. The previous agreement, which expired on April 11,
2016, provided funds in the approximate amount of $13,107. The new agreement would
reimburse HUM's transportation costs incurred by HUM from April 12, 2016 through
May 11, 2016. The City will pay HUM an amount equal to HUM's actual cost of
purchasing bus tickets for homeless persons within Daytona Beach subject to a monthly
cap of $5,000 for a 90 day period beginning May 12, 2016.
Gary Shimun, Deputy City Manager/Administrative Services, to report.
Recommendation: Deputy City Manager/Administrative Services recommends
adoption of the Resolution.
Action: Motion to adopt the Resolution.
Item 9E
Development and Administrative Services - Halifax Urban Ministries - Travelers AidProgram Funding Agreement ** Addendum added 05-04-16**
Resolution approving an Agreement with Halifax urban Ministries ("HUM") to continue
the City's provision of funding assistance for HUM's traveler's aid program. The
program provides the homeless with transportation arrangements to return to their
families and community. The previous agreement, which expired on April 11,
2016, provided funds in the approximate amount of $13,107. The new agreement would
reimburse HUM's transportation costs incurred by HUM from April 12, 2016 through
May 11, 2016. The City will pay HUM an amount equal to HUM's actual cost of
purchasing bus tickets for homeless persons within Daytona Beach subject to a monthly
cap of $5,000 for a 90 day period beginning May 12, 2016.
Gary Shimun, Deputy City Manager/Administrative Services, to report.
Recommendation: Deputy City Manager/Administrative Services recommends
adoption of the Resolution.
Action: Motion to adopt the Resolution.
»
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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