September 21, 2011 Regular City Commission Meetings
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Items 1-5 - 1. Roll Call.
2. Invocation.
3. Pledge of Allegiance to the Flag.
4. Approval of Minutes.
5. Agenda Approval.
Items 1-5
1. Roll Call.2. Invocation.
3. Pledge of Allegiance to the Flag.
4. Approval of Minutes.
5. Agenda Approval.
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Item 6A - BEAUTIFICATION AWARDS - September 2011 (pp. 11-13)
Residential Award:
Lisa Read, 635 Tarragona Way, Commissioner Cassandra Reynolds, Zone 6, to present.
Commercial Award:
Picerne Development, Pine Haven Apartments, 101 Carl Brinkley Circle, Mayor Glenn Ritchey to present.
Item 6A
BEAUTIFICATION AWARDS - September 2011 (pp. 11-13)Residential Award:
Lisa Read, 635 Tarragona Way, Commissioner Cassandra Reynolds, Zone 6, to present.
Commercial Award:
Picerne Development, Pine Haven Apartments, 101 Carl Brinkley Circle, Mayor Glenn Ritchey to present.
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Item 7 - PUBLIC COMMENT BY PEOPLE ADDRESSSING THE CITY COMMISSION FOR ITEMS ON THE AGENDA.
Item 7
PUBLIC COMMENT BY PEOPLE ADDRESSSING THE CITY COMMISSION FOR ITEMS ON THE AGENDA.»
Item 8 - Consent Agenda
Items 8A-8I
Item 8
Consent AgendaItems 8A-8I
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Item 9A - 2011-2012 Property Taxes and Budget for The City of Daytona Beach (pp. 113-116)
1. Presentation by the Chief Financial Officer. Discussion on the proposed millage rate of 6.2598, which is 7.99% reduction from the rolled-back rate, and is a tax decrease.
2. PUBLIC HEARING - Members of the general public may speak and ask questions on the proposed millage rate and 2011-2012 Budget.
3. Resolution of the City of Daytona Beach adopting an ad valorem property tax millage rate of 6.2598 ($6.2598 per $1,000 of assessed taxable value). This is 7.99% less than the rolled-back rate, which was the rate utilized in the Notice of Proposed Property Taxes; and adopting a voted debt service millage rate of .4798 ($.4798 per $1,000 of assessed taxable value). This was the rate utilized in the Notice of Proposed Property Taxes. TIME SENSITIVE
4. Ordinance on second reading - PUBLIC HEARING - adopting the Budget for the fiscal year October 1, 2011 to September 30, 2012; prescribing estimated Revenue Sources of $205,611,766, and setting forth Operating Expenditures, Capital Expenditures and Transfers of $205,097,913.
Item 9A
2011-2012 Property Taxes and Budget for The City of Daytona Beach (pp. 113-116)1. Presentation by the Chief Financial Officer. Discussion on the proposed millage rate of 6.2598, which is 7.99% reduction from the rolled-back rate, and is a tax decrease.
2. PUBLIC HEARING - Members of the general public may speak and ask questions on the proposed millage rate and 2011-2012 Budget.
3. Resolution of the City of Daytona Beach adopting an ad valorem property tax millage rate of 6.2598 ($6.2598 per $1,000 of assessed taxable value). This is 7.99% less than the rolled-back rate, which was the rate utilized in the Notice of Proposed Property Taxes; and adopting a voted debt service millage rate of .4798 ($.4798 per $1,000 of assessed taxable value). This was the rate utilized in the Notice of Proposed Property Taxes. TIME SENSITIVE
4. Ordinance on second reading - PUBLIC HEARING - adopting the Budget for the fiscal year October 1, 2011 to September 30, 2012; prescribing estimated Revenue Sources of $205,611,766, and setting forth Operating Expenditures, Capital Expenditures and Transfers of $205,097,913.
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Item 9B - 2011-2012 Property Taxes and Budget for the Daytona Beach Downtown Development Authority (pp. 117-121)
1. Presentation by Jason Jefferies, Redevelopment Project Manager. Discussion on the proposed millage rate of 1.00000, which is a 6.36% decrease from the rolled-back rate.
2. PUBLIC HEARING - Members of the general public may speak and ask questions on the proposed millage rate and 2011-2012 Budget.
3. Resolution of Daytona Beach Downtown Development Authority adopting an ad valorem property tax millage rate of 1.00000 ($1.0000 per $1,000 of assessed taxable value). This is the rate utilized in the Notice of Proposed Property Taxes and is a 6.36 percent tax decrease.
4. Resolution adopting the Budget for the fiscal year October 1, 2011 to September 30, 2012; prescribing estimated Revenue Sources of $151,824, and setting forth Operating Expenditures, Capital Expenditures and Transfers of $151,824.
Item 9B
2011-2012 Property Taxes and Budget for the Daytona Beach Downtown Development Authority (pp. 117-121)1. Presentation by Jason Jefferies, Redevelopment Project Manager. Discussion on the proposed millage rate of 1.00000, which is a 6.36% decrease from the rolled-back rate.
2. PUBLIC HEARING - Members of the general public may speak and ask questions on the proposed millage rate and 2011-2012 Budget.
3. Resolution of Daytona Beach Downtown Development Authority adopting an ad valorem property tax millage rate of 1.00000 ($1.0000 per $1,000 of assessed taxable value). This is the rate utilized in the Notice of Proposed Property Taxes and is a 6.36 percent tax decrease.
4. Resolution adopting the Budget for the fiscal year October 1, 2011 to September 30, 2012; prescribing estimated Revenue Sources of $151,824, and setting forth Operating Expenditures, Capital Expenditures and Transfers of $151,824.
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Item 9C - Chapter 62, Section 62-31, Discharging Firearms - Repeal - Section 2-3(b)(1) of Chapter 2 Article I, City Codes related to disaster emergency measures - Amendment (pp. 122-135)
Ordinance on second reading - PUBLIC HEARING - repealing Section 62-31 of Chapter 62, Article II, City Code of Ordinances relating to Discharging Firearms; and amending section 2-3(b)(1) of Chapter 2, Article I, City Codes relating to Disaster Emergency Measures to delete portions of subsection (b)(1) related to firearms and to add subsection (c) to add citation to Florida Statutes providing for authority for the prohibition of firearm sales during an emergency. These changes are necessary due to Florida House Bill 45 signed into law on June 2, 2011 and will take effect on October 1, 2011 and are codified in section 790.33, Florida Statutes.
Michael Chitwood, Chief of Police, to report.
Recommendation: Chief of Police recommends adoption of Ordinance.
Action: Motion to adopt the Ordinance.
Item 9C
Chapter 62, Section 62-31, Discharging Firearms - Repeal - Section 2-3(b)(1) of Chapter 2 Article I, City Codes related to disaster emergency measures - Amendment (pp. 122-135)Ordinance on second reading - PUBLIC HEARING - repealing Section 62-31 of Chapter 62, Article II, City Code of Ordinances relating to Discharging Firearms; and amending section 2-3(b)(1) of Chapter 2, Article I, City Codes relating to Disaster Emergency Measures to delete portions of subsection (b)(1) related to firearms and to add subsection (c) to add citation to Florida Statutes providing for authority for the prohibition of firearm sales during an emergency. These changes are necessary due to Florida House Bill 45 signed into law on June 2, 2011 and will take effect on October 1, 2011 and are codified in section 790.33, Florida Statutes.
Michael Chitwood, Chief of Police, to report.
Recommendation: Chief of Police recommends adoption of Ordinance.
Action: Motion to adopt the Ordinance.
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Item 9D (Part 1 of 2) - City Code Amendment - Place of Residence of Sexual Offenders (pp. 136-157)
Ordinance on second reading - PUBLIC HEARING - amending the City Code to add a new provision relating to the place of residence of sexual offenders (those convicted of a violation of Section 794.011, Section 800.04, Section 827.071, or Section 847.0145 Florida Statutes regardless of whether adjudication has been withheld, when the victim of the offense from which the conviction resulted was less than 16 years of age at the time the offense was committed within the City Limits of the City of Daytona Beach); Providing Legislative Findings and Intent; Prohibiting certain sexual offenders from residing within 2,500 feet of schools, day care centers, public parks, public and private playgrounds, recreational open spaces, libraries and churches; providing for applicability to current residents; providing for definitions; providing for a means of measurement; providing for exemptions; prohibiting the renting of residences to persons who are subject to the separation requirements; providing for serverability; providing for conflicts; providing penalties; providing for Codification and Providing for an effective date.
Item 9D (Part 1 of 2)
City Code Amendment - Place of Residence of Sexual Offenders (pp. 136-157)Ordinance on second reading - PUBLIC HEARING - amending the City Code to add a new provision relating to the place of residence of sexual offenders (those convicted of a violation of Section 794.011, Section 800.04, Section 827.071, or Section 847.0145 Florida Statutes regardless of whether adjudication has been withheld, when the victim of the offense from which the conviction resulted was less than 16 years of age at the time the offense was committed within the City Limits of the City of Daytona Beach); Providing Legislative Findings and Intent; Prohibiting certain sexual offenders from residing within 2,500 feet of schools, day care centers, public parks, public and private playgrounds, recreational open spaces, libraries and churches; providing for applicability to current residents; providing for definitions; providing for a means of measurement; providing for exemptions; prohibiting the renting of residences to persons who are subject to the separation requirements; providing for serverability; providing for conflicts; providing penalties; providing for Codification and Providing for an effective date.
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Item 9D (Part 2 of 2) - City Code Amendment - Place of Residence of Sexual Offenders (pp. 136-157)
Ordinance on second reading - PUBLIC HEARING - amending the City Code to add a new provision relating to the place of residence of sexual offenders (those convicted of a violation of Section 794.011, Section 800.04, Section 827.071, or Section 847.0145 Florida Statutes regardless of whether adjudication has been withheld, when the victim of the offense from which the conviction resulted was less than 16 years of age at the time the offense was committed within the City Limits of the City of Daytona Beach); Providing Legislative Findings and Intent; Prohibiting certain sexual offenders from residing within 2,500 feet of schools, day care centers, public parks, public and private playgrounds, recreational open spaces, libraries and churches; providing for applicability to current residents; providing for definitions; providing for a means of measurement; providing for exemptions; prohibiting the renting of residences to persons who are subject to the separation requirements; providing for serverability; providing for conflicts; providing penalties; providing for Codification and Providing for an effective date.
Item 9D (Part 2 of 2)
City Code Amendment - Place of Residence of Sexual Offenders (pp. 136-157)Ordinance on second reading - PUBLIC HEARING - amending the City Code to add a new provision relating to the place of residence of sexual offenders (those convicted of a violation of Section 794.011, Section 800.04, Section 827.071, or Section 847.0145 Florida Statutes regardless of whether adjudication has been withheld, when the victim of the offense from which the conviction resulted was less than 16 years of age at the time the offense was committed within the City Limits of the City of Daytona Beach); Providing Legislative Findings and Intent; Prohibiting certain sexual offenders from residing within 2,500 feet of schools, day care centers, public parks, public and private playgrounds, recreational open spaces, libraries and churches; providing for applicability to current residents; providing for definitions; providing for a means of measurement; providing for exemptions; prohibiting the renting of residences to persons who are subject to the separation requirements; providing for serverability; providing for conflicts; providing penalties; providing for Codification and Providing for an effective date.
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Items 10A & 10B - 10A. Comprehensive Plan Amendment – Water Supply Work Plan (pp. 158-278)
Ordinance on first reading - adopting Comprehensive Plan Amendments relating to an administrative action initiated by Department of Community Affairs (DCA) regarding the adoption of Ordinance No. 09-150 at the June 3, 2009 City Commission Meeting. Ordinance No. 09-150 amended the City's Comprehensive Plan to incorporate the Water Supply Work Plan and added amendments that protect and manage regional water resources. Applicant: Development and Administrative Services Department, Planning Division.
Richard Walton, Planning Director, to report.
Recommendation: Deputy City Manager/Administrative Services recommends passing the Ordinance on first reading.
Action: Motion to pass the Ordinance of first reading.
Note: If passed, Public Hearing, October 5.
10B. Residency Requirement (pp. 279-283)
Ordinance on first reading - repealing Ordinance No. 04-27 in its entirety and establishing a new Daytona Beach residency requirement policy as a condition of employment with The City of Daytona Beach; and providing when this Ordinance shall take effect.
Sally McCarroll, Human Resource 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, October 5.
Items 10A & 10B
10A. Comprehensive Plan Amendment – Water Supply Work Plan (pp. 158-278)Ordinance on first reading - adopting Comprehensive Plan Amendments relating to an administrative action initiated by Department of Community Affairs (DCA) regarding the adoption of Ordinance No. 09-150 at the June 3, 2009 City Commission Meeting. Ordinance No. 09-150 amended the City's Comprehensive Plan to incorporate the Water Supply Work Plan and added amendments that protect and manage regional water resources. Applicant: Development and Administrative Services Department, Planning Division.
Richard Walton, Planning Director, to report.
Recommendation: Deputy City Manager/Administrative Services recommends passing the Ordinance on first reading.
Action: Motion to pass the Ordinance of first reading.
Note: If passed, Public Hearing, October 5.
10B. Residency Requirement (pp. 279-283)
Ordinance on first reading - repealing Ordinance No. 04-27 in its entirety and establishing a new Daytona Beach residency requirement policy as a condition of employment with The City of Daytona Beach; and providing when this Ordinance shall take effect.
Sally McCarroll, Human Resource 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, October 5.
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Items 10C-10E - 10C. Teamsters Local 385 Collective Bargaining Agreement - FY 2011-2012 (pp. 284-291)
Resolution authorizing the City Manager to execute a collective bargaining agreement between the City and Teamsters Local 385 for Police Officers and Sergeants for terms and conditions of employment beginning October 1, 2011 and ending September 30, 2012, authorizing a four (4) percent general wage increase.
Sally McCarroll, Human Resources Director, to report.
Recommendation: Human Resources Director recommends adoption of the Resolution.
Action: Motion to adopt the Resolution.
10D. Fraternal Order of Police (FOP) Collective Bargaining Agreement - FY 2011-2012 (pp. 292-298)
Resolution authorizing the City Manager to execute 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, 2011 and ending September 30, 2012, authorizing a four (4) percent general wage increase.
Sally McCarroll, Human Resources Director, to report.
Recommendation: Human Resources Director recommends adoption of the Resolution.
Action: Motion to adopt the Resolution.
10E. Police and Fire Pension Plan – Amendment **Addendum added 09-20-11**
Ordinance on first reading – amending Ordinance No. 10-322 modifying the pension benefits for Police and Fire members.
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, October 5.
Items 10C-10E
10C. Teamsters Local 385 Collective Bargaining Agreement - FY 2011-2012 (pp. 284-291)Resolution authorizing the City Manager to execute a collective bargaining agreement between the City and Teamsters Local 385 for Police Officers and Sergeants for terms and conditions of employment beginning October 1, 2011 and ending September 30, 2012, authorizing a four (4) percent general wage increase.
Sally McCarroll, Human Resources Director, to report.
Recommendation: Human Resources Director recommends adoption of the Resolution.
Action: Motion to adopt the Resolution.
10D. Fraternal Order of Police (FOP) Collective Bargaining Agreement - FY 2011-2012 (pp. 292-298)
Resolution authorizing the City Manager to execute 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, 2011 and ending September 30, 2012, authorizing a four (4) percent general wage increase.
Sally McCarroll, Human Resources Director, to report.
Recommendation: Human Resources Director recommends adoption of the Resolution.
Action: Motion to adopt the Resolution.
10E. Police and Fire Pension Plan – Amendment **Addendum added 09-20-11**
Ordinance on first reading – amending Ordinance No. 10-322 modifying the pension benefits for Police and Fire members.
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, October 5.
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Item 8C - Fire and/or Rescue Service Mutual Aid – Interlocal Agreement - First Amendment (pp. 38-62)
Resolution approving the first amendment to the Interlocal Agreement for Fire and/or Rescue Service Mutual Aid, between The City of Daytona Beach and the Public Agencies of Deland, Daytona Beach Shores, Edgewater, Holly Hill, New Smyrna Beach, Orange City, Ormond Beach, Port Orange, South Daytona, Deltona, Town of Ponce Inlet and Volusia County. This amendment extends the Interlocal Agreement adopted in 2006 (Resolution 06-325) for a five-year (5) period to 2016.
Recommendation: Fire Chief recommends adoption of the Resolution.
Item 8C
Fire and/or Rescue Service Mutual Aid – Interlocal Agreement - First Amendment (pp. 38-62)Resolution approving the first amendment to the Interlocal Agreement for Fire and/or Rescue Service Mutual Aid, between The City of Daytona Beach and the Public Agencies of Deland, Daytona Beach Shores, Edgewater, Holly Hill, New Smyrna Beach, Orange City, Ormond Beach, Port Orange, South Daytona, Deltona, Town of Ponce Inlet and Volusia County. This amendment extends the Interlocal Agreement adopted in 2006 (Resolution 06-325) for a five-year (5) period to 2016.
Recommendation: Fire Chief recommends adoption of the Resolution.
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Item 8D - Daytona Village Apartments - Modification Number 2 to the Neighborhood Stabilization Program (NSP1) Sub-Grant Agreement (pp. 63-84)
Resolution approving Modification Number 2 to the NSP1 Sub-Grant Agreement with the Florida Department of Economic Opportunity approved by Resolution No. 09-283. Modification Number 2 updates the NSP1 Budget and Work Plan detailing the use of HOME and NSP1 funds and revising the project scope and closeout date. HUD has advised that asbestos abatement must be completed on the NSP1 project site at Daytona Village Apartments prior to any further activity. HUD has further advised that $385,436 of HOME funds need to be encumbered by October 1, 2011 and that an appropriate activity is the construction of housing units at the project site. The City is partnering with the Housing Authority and its Procurement Policy was used to solicit bids for the work with the lowest asbestos abatement bid received being $397,272. This plan would leverage $250,000 in HOME funds with $150,000 of NSP1 funds to complete the asbestos abatement. Funds are available in the HOME Fund and Community Development Block Grant Fund.
Recommendation: Economic and Community Development Director Recommends adoption of Resolution.
Item 8D
Daytona Village Apartments - Modification Number 2 to the Neighborhood Stabilization Program (NSP1) Sub-Grant Agreement (pp. 63-84)Resolution approving Modification Number 2 to the NSP1 Sub-Grant Agreement with the Florida Department of Economic Opportunity approved by Resolution No. 09-283. Modification Number 2 updates the NSP1 Budget and Work Plan detailing the use of HOME and NSP1 funds and revising the project scope and closeout date. HUD has advised that asbestos abatement must be completed on the NSP1 project site at Daytona Village Apartments prior to any further activity. HUD has further advised that $385,436 of HOME funds need to be encumbered by October 1, 2011 and that an appropriate activity is the construction of housing units at the project site. The City is partnering with the Housing Authority and its Procurement Policy was used to solicit bids for the work with the lowest asbestos abatement bid received being $397,272. This plan would leverage $250,000 in HOME funds with $150,000 of NSP1 funds to complete the asbestos abatement. Funds are available in the HOME Fund and Community Development Block Grant Fund.
Recommendation: Economic and Community Development Director Recommends adoption of Resolution.
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Items 11 & 12 - 11. Comments and inquiries from the City Commission and City Manager.
12. Adjournment.
Items 11 & 12
11. Comments and inquiries from the City Commission and City Manager.12. Adjournment.
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