August 15, 2012 Regular City Commission Meetings
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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.
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Item 4 - Approval of Minutes
Item 4
Approval of Minutes»
Item 5 - AGENDA APPROVAL.
Item 5
AGENDA APPROVAL.»
Consent Agenda - Consent Agenda
Items 7A - 7E
Consent Agenda
Consent AgendaItems 7A - 7E
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Item 6D - Proclamation presented by Mayor Glenn S. Ritchey **Addendum added 08-10-12**
Item 6D
Proclamation presented by Mayor Glenn S. Ritchey **Addendum added 08-10-12**»
Item 6A - Presentation - Budget Review Committee (pp. 10-12)
Presentation from the Budget Review Committee detailing the Committee's finds on the city's proposed FY 2012-2013 Budget. Tom Cox, Chairman of the Budget Review Committee, to report.
Item 6A
Presentation - Budget Review Committee (pp. 10-12)Presentation from the Budget Review Committee detailing the Committee's finds on the city's proposed FY 2012-2013 Budget. Tom Cox, Chairman of the Budget Review Committee, to report.
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Item 6B - BEAUTIFICATION AWARDS - AUGUST 2012 (pp. 13-15)
Residential Award:
Major Mobley, 728 Colfax Drive, Commissioner Patrick Henry, Zone 5, to present.
Item 6B
BEAUTIFICATION AWARDS - AUGUST 2012 (pp. 13-15)Residential Award:
Major Mobley, 728 Colfax Drive, Commissioner Patrick Henry, Zone 5, to present.
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Item 6C - Symetra Tour – Road to the Ladies Professional Golf Association (LPGA) – 2012 Daytona Beach Invitational **Addendum added 08-10-12**
Tom Leek, Sr. to report.
Item 6C
Symetra Tour – Road to the Ladies Professional Golf Association (LPGA) – 2012 Daytona Beach Invitational **Addendum added 08-10-12**Tom Leek, Sr. to report.
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Item 8A - AO Precision Manufacturing, LLC - Qualified Target Industry (QTI) Approval -Brownfield Business Approval - Exemption of Ad Valorem Tax (pp. 96-129)
Ordinance on second reading - PUBLIC HEARING - recommending AO Precision Manufacturing, LLC to the State as a Qualified Target Industry (QTI) pursuant to 288.106 and 288.107 F.S.; approving an exemption of ad valorem tax over a seven year
period beginning January 1, 2012 and ending December 31, 2017 for a portion the assessed value of all improvements to real and tangible property located in a designated Brownfield Area at its 1870 Mason Avenue location; and providing for the State required 20% local financial support (LFS) match amount in the form of ad valorem tax abatement. These actions would allow AO Precision to participate in the Florida Brownfield Refund Bonus Redevelopment incentive program where it could garner up
to $2,500 per eligible job which would facilitate the proposed expansion of its
business. AO Precision proposes to invest approximately $10,682,748 in equipment
and other purchases, add 90 jobs in the first 4-years and 120 new jobs over the 7-year
period of exemption, all at an average annual wage of $38,282. The company, by virtue
of these actions meets the City adopted criteria per Resolution 02-271 to receive an
exemption. The proposed ad valorem tax exemption schedule is: years 1-2 at 100%,
years 3-4 at 75%, years 5-6 at 50%, and year 7 at 25%. The estimated value per the
Office of Volusia County Property Appraiser is expected to be $157,646 $245,699.
The Economic Development Advisory Board unanimously recommended approval of
the ad valorem tax exemption schedule above and its use to provide the state required
20% local financial support (LFS) match amount at its August 1, 2012 meeting.
Emory Counts, Economic/Community Development Director, to report.
Recommendation: Economic /Community Development Director recommends
adoption of the Ordinance.
Action: Motion to adopt the Ordinance.
Item 8A
AO Precision Manufacturing, LLC - Qualified Target Industry (QTI) Approval -Brownfield Business Approval - Exemption of Ad Valorem Tax (pp. 96-129)Ordinance on second reading - PUBLIC HEARING - recommending AO Precision Manufacturing, LLC to the State as a Qualified Target Industry (QTI) pursuant to 288.106 and 288.107 F.S.; approving an exemption of ad valorem tax over a seven year
period beginning January 1, 2012 and ending December 31, 2017 for a portion the assessed value of all improvements to real and tangible property located in a designated Brownfield Area at its 1870 Mason Avenue location; and providing for the State required 20% local financial support (LFS) match amount in the form of ad valorem tax abatement. These actions would allow AO Precision to participate in the Florida Brownfield Refund Bonus Redevelopment incentive program where it could garner up
to $2,500 per eligible job which would facilitate the proposed expansion of its
business. AO Precision proposes to invest approximately $10,682,748 in equipment
and other purchases, add 90 jobs in the first 4-years and 120 new jobs over the 7-year
period of exemption, all at an average annual wage of $38,282. The company, by virtue
of these actions meets the City adopted criteria per Resolution 02-271 to receive an
exemption. The proposed ad valorem tax exemption schedule is: years 1-2 at 100%,
years 3-4 at 75%, years 5-6 at 50%, and year 7 at 25%. The estimated value per the
Office of Volusia County Property Appraiser is expected to be $157,646 $245,699.
The Economic Development Advisory Board unanimously recommended approval of
the ad valorem tax exemption schedule above and its use to provide the state required
20% local financial support (LFS) match amount at its August 1, 2012 meeting.
Emory Counts, Economic/Community Development Director, to report.
Recommendation: Economic /Community Development Director recommends
adoption of the Ordinance.
Action: Motion to adopt the Ordinance.
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Items 8B & 8C - 8B. Small Scale Comprehensive Plan Map Amendment – Family Dollar (Mason Avenue)
(pp. 130-186)
Ordinance on second reading – PUBLIC HEARING - adopting a Small Scale
Comprehensive Plan Amendment changing the Future Land Use designation from
Level 1 Residential to Retail for a 0.29± acre parcel of land located at 800 Derbyshire
Road and 815 Essex Road; and adding a new issue and policy to Neighborhood K of
the Future Land Use Element in the Comprehensive Plan that describes the location and
acreage of the entire site (currently comprised of three lots) and restricts permissible
land uses to retail only. Applicant: Jeffrey J. Lamberson, Twin Rivers Capital, LLC on
behalf of First Coast Energy, LLP, Karen Gaynair and Bettie Cade Norwood.
Richard Walton, Planning Director, to report.
Recommendation: Planning Board recommends approval 8-to-1.
Action: Motion to adopt the Ordinance.
8C. Rezoning – Family Dollar (Mason Avenue) (pp. 187-206)
Ordinance on second reading – PUBLIC HEARING - approving a request to rezone
0.29± acres of land located at 800 Derbyshire Road and 815 Essex Drive from Single
Family Residential (R-1a) to Business Automotive (BA), allowing for the potential
development of an 8,050 square foot retail building with associated parking, utilities
and stormwater facilities. Applicant: Jeffrey J. Lamberson, Twin Rivers Capital, LLC
on behalf of First Coast Energy, LLP, Karen Gaynair and Bettie Cade Norwood.
Richard Walton, Planning Director, to report.
Recommendation: Planning Board recommends approval 8-to-1.
Action: Motion to adopt the Ordinance.
Items 8B & 8C
8B. Small Scale Comprehensive Plan Map Amendment – Family Dollar (Mason Avenue)(pp. 130-186)
Ordinance on second reading – PUBLIC HEARING - adopting a Small Scale
Comprehensive Plan Amendment changing the Future Land Use designation from
Level 1 Residential to Retail for a 0.29± acre parcel of land located at 800 Derbyshire
Road and 815 Essex Road; and adding a new issue and policy to Neighborhood K of
the Future Land Use Element in the Comprehensive Plan that describes the location and
acreage of the entire site (currently comprised of three lots) and restricts permissible
land uses to retail only. Applicant: Jeffrey J. Lamberson, Twin Rivers Capital, LLC on
behalf of First Coast Energy, LLP, Karen Gaynair and Bettie Cade Norwood.
Richard Walton, Planning Director, to report.
Recommendation: Planning Board recommends approval 8-to-1.
Action: Motion to adopt the Ordinance.
8C. Rezoning – Family Dollar (Mason Avenue) (pp. 187-206)
Ordinance on second reading – PUBLIC HEARING - approving a request to rezone
0.29± acres of land located at 800 Derbyshire Road and 815 Essex Drive from Single
Family Residential (R-1a) to Business Automotive (BA), allowing for the potential
development of an 8,050 square foot retail building with associated parking, utilities
and stormwater facilities. Applicant: Jeffrey J. Lamberson, Twin Rivers Capital, LLC
on behalf of First Coast Energy, LLP, Karen Gaynair and Bettie Cade Norwood.
Richard Walton, Planning Director, to report.
Recommendation: Planning Board recommends approval 8-to-1.
Action: Motion to adopt the Ordinance.
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Item 9A - Self Insurance Program - Amendment (pp. 207-235)
Ordinance on first reading - amending Ordinance 80-425 Self Insurance Program with necessary updates. In 1980, Ordinance No. 80-42 was adopted to implement a self-insurance program for certain liability exposures through risk management via The
Self-Insurance Plan. The Plan has been amended since the 1980 effective date in order
to include Personal Injury Protection Coverage (PIP) in 1982, to increase the statutory
limits of coverage in 1982 and to modify the liability coverage grant in 1985. The
Florida Legislature passed legislation amending FS Section 768.28 with an October 1, 2011, effective date. Prior to October 1, 2011, a governmental agency’s liability for tort
claims is limited to $100,000 per person/$200,000 per occurrence. As of October 1,
2011, the limits were increased to $200,000 per person/$300,000 per occurrence. An
amendment to the self-insurance plan is necessary so that the correct limits will be
stated in the Plan. Placing this amendment before the City Commission presents an
opportunity to request a few additional, long overdue changes that would in essence
make the administration of the Plan more efficient and granting Commission authority
to approve any future revisions to the Plan via resolution.
Sally McCarroll, Human Resources Director, to report
Recommendation: Human Resources Director recommends passing the Ordinance on first reading.
Action: Motion to pass the Ordinance on first reading.
Note: If passed, Public Hearing, September 5.
Item 9A
Self Insurance Program - Amendment (pp. 207-235)Ordinance on first reading - amending Ordinance 80-425 Self Insurance Program with necessary updates. In 1980, Ordinance No. 80-42 was adopted to implement a self-insurance program for certain liability exposures through risk management via The
Self-Insurance Plan. The Plan has been amended since the 1980 effective date in order
to include Personal Injury Protection Coverage (PIP) in 1982, to increase the statutory
limits of coverage in 1982 and to modify the liability coverage grant in 1985. The
Florida Legislature passed legislation amending FS Section 768.28 with an October 1, 2011, effective date. Prior to October 1, 2011, a governmental agency’s liability for tort
claims is limited to $100,000 per person/$200,000 per occurrence. As of October 1,
2011, the limits were increased to $200,000 per person/$300,000 per occurrence. An
amendment to the self-insurance plan is necessary so that the correct limits will be
stated in the Plan. Placing this amendment before the City Commission presents an
opportunity to request a few additional, long overdue changes that would in essence
make the administration of the Plan more efficient and granting Commission authority
to approve any future revisions to the Plan via resolution.
Sally McCarroll, Human Resources Director, to report
Recommendation: Human Resources Director recommends passing the Ordinance on first reading.
Action: Motion to pass the Ordinance on first reading.
Note: If passed, Public Hearing, September 5.
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Item 9B - International City/County Management Corporation-Retirement Corporation (ICMARC)
- Agreement Amendment (pp. 236-259)
Ordinance on first reading - amending the Governmental Money Purchase Plan and
Trust Adoption Agreement between the City and the International City/County Management Corporation-Retirement Corporation (ICMA-RC); increasing the City's contributions to employees in the 401A plans; increasing contributions for General, Administrative, Professional and Technical employees in Plan No. 109439 to 5.18% from 4.91%; and increasing contributions for Executive employees in Plan No. 109440 to 6.30% from 6.27%. On July 1, 2012 the Florida Retirement System (FRS) increased contribution rates for regular employees (5.18%) and senior management employees (6.30%). Amending the ICMA 401A would mirror the FRS rates so all employees receive the same city contribution percentage benefit. Projected annual cost to the City is $3,947. Funds available in the Consolidated Insurance Fund.
Sally McCarroll, Human Resources Director, to report.
Recommendation: Human Resources Director recommends passing the Ordinance on first reading.
Action: Motion to pass the Ordinance on first reading.
Note: If passed, Public Hearing, September 5.
Item 9B
International City/County Management Corporation-Retirement Corporation (ICMARC)- Agreement Amendment (pp. 236-259)
Ordinance on first reading - amending the Governmental Money Purchase Plan and
Trust Adoption Agreement between the City and the International City/County Management Corporation-Retirement Corporation (ICMA-RC); increasing the City's contributions to employees in the 401A plans; increasing contributions for General, Administrative, Professional and Technical employees in Plan No. 109439 to 5.18% from 4.91%; and increasing contributions for Executive employees in Plan No. 109440 to 6.30% from 6.27%. On July 1, 2012 the Florida Retirement System (FRS) increased contribution rates for regular employees (5.18%) and senior management employees (6.30%). Amending the ICMA 401A would mirror the FRS rates so all employees receive the same city contribution percentage benefit. Projected annual cost to the City is $3,947. Funds available in the Consolidated Insurance Fund.
Sally McCarroll, Human Resources Director, to report.
Recommendation: Human Resources Director recommends passing the Ordinance on first reading.
Action: Motion to pass the Ordinance on first reading.
Note: If passed, Public Hearing, September 5.
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Item 9C - Daytona Beach Racing & Recreational Facilities District - Appointment (pp. 260-270)
Resolution appointing one (1) member to the Daytona Beach Racing & Recreational Facilities District. The term of George Burden expired on July 1, 2012 and he would\like to be reappointed. Under Chapter 31-343, Section 3, Laws of Florida (1955) it
states, the board shall consist of five (5) members, serving four (4) year terms. Must be
a qualified elector of the District and are appointed by the City and County
Commission Jointly. This is a city appointment.
We have two applicants: George Burden and Andrei Ludu.
Betty Goodman, Assistant City Manager, to report
Recommendation: Commission action.
Action: Motion to adopt the Resolution.
Item 9C
Daytona Beach Racing & Recreational Facilities District - Appointment (pp. 260-270)Resolution appointing one (1) member to the Daytona Beach Racing & Recreational Facilities District. The term of George Burden expired on July 1, 2012 and he would\like to be reappointed. Under Chapter 31-343, Section 3, Laws of Florida (1955) it
states, the board shall consist of five (5) members, serving four (4) year terms. Must be
a qualified elector of the District and are appointed by the City and County
Commission Jointly. This is a city appointment.
We have two applicants: George Burden and Andrei Ludu.
Betty Goodman, Assistant City Manager, to report
Recommendation: Commission action.
Action: Motion to adopt the Resolution.
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Item 9E - Planning Board - Appointment (pp. 317-326)
Resolution appointing one member to the Planning Board. Kevin Fishback (Zone 5)
has resigned with a membership term expiring December 31, 2014. The board shall consist of 11 members, at least one from each Zone of the City, but no more than two from any one Zone. Vacancies to rotate to Commissioner with less than two representatives on the board. Terms are for four years and the representative must be a qualified elector in the City and hold no other City office. The appointment will rotate
to Zone 3.
We have one application: Tim Davis.
Betty Goodman, Assistant City Manager, to report.
Recommendation: Commission action.
Action: Motion to adopt the Resolution.
Item 9E
Planning Board - Appointment (pp. 317-326)Resolution appointing one member to the Planning Board. Kevin Fishback (Zone 5)
has resigned with a membership term expiring December 31, 2014. The board shall consist of 11 members, at least one from each Zone of the City, but no more than two from any one Zone. Vacancies to rotate to Commissioner with less than two representatives on the board. Terms are for four years and the representative must be a qualified elector in the City and hold no other City office. The appointment will rotate
to Zone 3.
We have one application: Tim Davis.
Betty Goodman, Assistant City Manager, to report.
Recommendation: Commission action.
Action: Motion to adopt the Resolution.
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Item 9F - August 14, 2012 Regular and Special Primary Municipal Elections - Declaring Results
Item 9F
August 14, 2012 Regular and Special Primary Municipal Elections - Declaring Results»
Item 10 - PUBLIC COMMENT BY PEOPLE ADDRESSING THE CITY COMMISSION.
Item 10
PUBLIC COMMENT BY PEOPLE ADDRESSING THE CITY COMMISSION.»
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 - CITY MANAGER AND CITY ATTORNEY REPORT.12. ADJOURNMENT.
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