October 5, 2011 Regular City Commission Meetings
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Item 1-3 - 1. Roll Call.
2. Invocation.
3. Pledge of Allegiance to the Flag.
Item 1-3
1. Roll Call.2. Invocation.
3. Pledge of Allegiance to the Flag.
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Items 4 & 5 - 4. Approval of Minutes.
5. Agenda Approval.
Items 4 & 5
4. Approval of Minutes.5. Agenda Approval.
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Item 6 - PUBLIC COMMENT BY PEOPLE ADDRESSING THE CITY COMMISSION FOR ITEMS ON THE AGENDA.
Item 6
PUBLIC COMMENT BY PEOPLE ADDRESSING THE CITY COMMISSION FOR ITEMS ON THE AGENDA.»
Item 7 - Consent Agenda.
Items 7A-7N
Item 7
Consent Agenda.Items 7A-7N
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Item 10E - Armory Board of the Florida Department of Military Affairs - Lease Agreement (pp. 702-714)
Resolution accepting the lease agreement between The City of Daytona Beach (Landlord) and the Armory Board of the Florida Department of Military Affairs (ABFDMA) (Tenant), P. O. Box 1008, St. Augustine, FL 32085, for a five-year term with three one-year renewal options, for use of City property located at 405 S. Beach Street at the Halifax Harbor Marina, for $78,000 per year payable January 15 of each year beginning January 15, 2012. In previous years the lease payment was $1.00 per year.
Item 10E
Armory Board of the Florida Department of Military Affairs - Lease Agreement (pp. 702-714)Resolution accepting the lease agreement between The City of Daytona Beach (Landlord) and the Armory Board of the Florida Department of Military Affairs (ABFDMA) (Tenant), P. O. Box 1008, St. Augustine, FL 32085, for a five-year term with three one-year renewal options, for use of City property located at 405 S. Beach Street at the Halifax Harbor Marina, for $78,000 per year payable January 15 of each year beginning January 15, 2012. In previous years the lease payment was $1.00 per year.
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Item 8A - Discussion – Bike Week Sponsorship Funds and Second Avenue Merchants Association’s (SAMA) Request (pp. 260-271)
Commissioner Shelley requested that the Commission discuss: 1) the usage of Bike Week sponsorship revenues, and 2) the Second Avenue Merchants Association’s (SAMA) request that all vending on Mary McLeod Bethune (MMB) during motorcycle events be sanctioned by their organization.
Item 8A
Discussion – Bike Week Sponsorship Funds and Second Avenue Merchants Association’s (SAMA) Request (pp. 260-271)Commissioner Shelley requested that the Commission discuss: 1) the usage of Bike Week sponsorship revenues, and 2) the Second Avenue Merchants Association’s (SAMA) request that all vending on Mary McLeod Bethune (MMB) during motorcycle events be sanctioned by their organization.
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Item 8B - Discussion - Riverfront Park Licensing - Biker Threads, LLC (pp. 272-289)
Discussion regarding the License Agreement with Biker Threads, LLC approved by Resolution No. 11-208.
Item 8B
Discussion - Riverfront Park Licensing - Biker Threads, LLC (pp. 272-289)Discussion regarding the License Agreement with Biker Threads, LLC approved by Resolution No. 11-208.
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Items 9A & 9B - 9A. Comprehensive Plan Amendment – Water Supply Work Plan (pp. 290-410)
Ordinance on second reading - PUBLIC HEARING - 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.
9B. Residency Requirement (pp. 411-415)
Ordinance on second reading - PUBLIC HEARING - 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.
Items 9A & 9B
9A. Comprehensive Plan Amendment – Water Supply Work Plan (pp. 290-410)Ordinance on second reading - PUBLIC HEARING - 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.
9B. Residency Requirement (pp. 411-415)
Ordinance on second reading - PUBLIC HEARING - 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.
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Item 9C - Police and Fire Pension Plan – Amendment (pp. 416-435)
Ordinance on second reading – PUBLIC HEARING - amending Ordinance No. 10-322 modifying the pension benefits for Police and Fire members.
Item 9C
Police and Fire Pension Plan – Amendment (pp. 416-435)Ordinance on second reading – PUBLIC HEARING - amending Ordinance No. 10-322 modifying the pension benefits for Police and Fire members.
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Item 10F - Oceanfront Bandshell - Ice Skating Rink - Contract Approval **REVISED ADDENDUM 10-03-11**
Emergency Ordinance – PUBLIC HEARING - approving a contract with Al Smith, 154 S. Beach Street, Daytona Beach, FL 32114, to install, manage, promote, and operate a temporary ice skating rink and ancillary facilities at the Oceanfront Bandshell from November 23, 2011 to January 8, 2012, with an estimated cost of $166,147.50, including a management fee of $15,000. The City would pay all the expenses and receive all of the revenues associated with the event. The projected revenue is $171,000, providing a net profit of $4,852.50. Funds available in the General Fund.
Item 10F
Oceanfront Bandshell - Ice Skating Rink - Contract Approval **REVISED ADDENDUM 10-03-11**Emergency Ordinance – PUBLIC HEARING - approving a contract with Al Smith, 154 S. Beach Street, Daytona Beach, FL 32114, to install, manage, promote, and operate a temporary ice skating rink and ancillary facilities at the Oceanfront Bandshell from November 23, 2011 to January 8, 2012, with an estimated cost of $166,147.50, including a management fee of $15,000. The City would pay all the expenses and receive all of the revenues associated with the event. The projected revenue is $171,000, providing a net profit of $4,852.50. Funds available in the General Fund.
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Items 10A & 10B - 10A. Large Scale Comprehensive Plan Amendment – Transportation Concurrency Exception Area (pp. 436-621)
Ordinance on first reading - adopting Comprehensive Plan Amendments previously transmitted to state agencies and local jurisdictions, amending the Redevelopment Element of the City’s Comprehensive Plan, expanding the boundaries of the Transportation Concurrency Exception Area (TCEA) to all Community Redevelopment Areas. The purpose of the amendment is to encourage and streamline redevelopment efforts. Applicant: Development and Administrative Services Department, Planning Division.
10B. Code of Ordinance - Section 46-26 - Financial Integrity - Amendment (pp. 622-628)
Ordinance on the first reading - amending City Code, Section 46-26 to allow for the creation of Renewal and Replacement Funds for stated Enterprise Funds. The basic concept behind a Renewal and Replacement Fund is that annually monies are transferred from operations to the Renewal and Replacement Fund which are to be utilized to maintain and enhance the City's infrastructure. Therefore, revenues earned by the Enterprise Funds are reinvested in the Enterprise Fund to ensure continued reliable service to the citizens.
Items 10A & 10B
10A. Large Scale Comprehensive Plan Amendment – Transportation Concurrency Exception Area (pp. 436-621)Ordinance on first reading - adopting Comprehensive Plan Amendments previously transmitted to state agencies and local jurisdictions, amending the Redevelopment Element of the City’s Comprehensive Plan, expanding the boundaries of the Transportation Concurrency Exception Area (TCEA) to all Community Redevelopment Areas. The purpose of the amendment is to encourage and streamline redevelopment efforts. Applicant: Development and Administrative Services Department, Planning Division.
10B. Code of Ordinance - Section 46-26 - Financial Integrity - Amendment (pp. 622-628)
Ordinance on the first reading - amending City Code, Section 46-26 to allow for the creation of Renewal and Replacement Funds for stated Enterprise Funds. The basic concept behind a Renewal and Replacement Fund is that annually monies are transferred from operations to the Renewal and Replacement Fund which are to be utilized to maintain and enhance the City's infrastructure. Therefore, revenues earned by the Enterprise Funds are reinvested in the Enterprise Fund to ensure continued reliable service to the citizens.
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Item 10C - City Commission Zone Redistricting - Proposal Acceptance (pp. 629-670)
Resolution accepting the proposal from Bryant Miller Olive P.A., 135 West Central Boulevard, Suite 700, Orlando, Florida 32801, for zone redistricting services to The City of Daytona Beach; to research and review applicable State and Federal provisions, statutes, laws, special requirements, and census information to develop one or more redistricting plans; meet with staff and elected officials regarding current and potential districting; and attend workshops, public meetings and hearings as required. The original proposal was for $20,000, which covers a limited amount of travel time, number of meetings, and number of maps being prepared. However, City staff has added an additional $20,000, to cover additional maps, meetings, and communications with staff, for a total amount not to exceed $40,000. Funds available in the General Fund.
Item 10C
City Commission Zone Redistricting - Proposal Acceptance (pp. 629-670)Resolution accepting the proposal from Bryant Miller Olive P.A., 135 West Central Boulevard, Suite 700, Orlando, Florida 32801, for zone redistricting services to The City of Daytona Beach; to research and review applicable State and Federal provisions, statutes, laws, special requirements, and census information to develop one or more redistricting plans; meet with staff and elected officials regarding current and potential districting; and attend workshops, public meetings and hearings as required. The original proposal was for $20,000, which covers a limited amount of travel time, number of meetings, and number of maps being prepared. However, City staff has added an additional $20,000, to cover additional maps, meetings, and communications with staff, for a total amount not to exceed $40,000. Funds available in the General Fund.
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Item 10D - Daytona Beach Partnership Association (DBPA) - 100 North Beach Street Temporary Plaza - Agreement Extension (pp. 671-701)
Resolution authorizing the extension of certain terms of the agreement with Daytona Beach Partnership Association (DBPA), a Florida Corporation, 126 E. Orange Ave., Daytona Beach, FL 32114, for the development of a temporary plaza at 100 N. Beach Street; extending the beginning construction date to November 1 (from September 29, 2011); extending the completion of the first phase of construction to March 31, 2012 (from January 27, 2012); and extending the construction period to June 15, 2012 (from April 16, 2012).
Item 10D
Daytona Beach Partnership Association (DBPA) - 100 North Beach Street Temporary Plaza - Agreement Extension (pp. 671-701)Resolution authorizing the extension of certain terms of the agreement with Daytona Beach Partnership Association (DBPA), a Florida Corporation, 126 E. Orange Ave., Daytona Beach, FL 32114, for the development of a temporary plaza at 100 N. Beach Street; extending the beginning construction date to November 1 (from September 29, 2011); extending the completion of the first phase of construction to March 31, 2012 (from January 27, 2012); and extending the construction period to June 15, 2012 (from April 16, 2012).
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Item 7D - Environmental Protection Agency (EPA) – Cooperative Agreement – Grant Acceptance – Contract No. 2010-018-CA – Work Authorization No. 2 – Approval (pp. 27-72)
Resolution accepting a United States Environmental Protection Agency (EPA) Brownfield Cooperative Agreement (Cleanup Grant), in the amount of $200,000; and authorizing Work Authorization No. 2 under the Continuing Contract No. 2010-018-CA with Cardno-TBE, 380 Park Place Boulevard, Suite 300, Clearwater, FL 33759, in the amount of $240,000, for EPA Brownfield grant management environmental remediation and related services. The City's parking lot located at the southeast corner of Palmetto Avenue and Magnolia Avenue has the presence of petroleum hydrocarbons in the subsurface. Cardno-TBE assisted the City in acquiring a $200,000 EPA Brownfield Cleanup grant for the remediation of the property. The City has to exhaust all $200,000 of the EPA Cleanup grant plus the City's 20 percent match ($40,000) by September 2014 or the City risks forfeiting the remaining grant funds. The work authorization will efficiently facilitate the completion of all grant requirements. The cost to complete the work authorization tasks is $234,955 and The U.S. Environmental Protection Agency Cooperative Agreement will reimburse the City $200,000. Funds available in the Solid Waste Fund.
Item 7D
Environmental Protection Agency (EPA) – Cooperative Agreement – Grant Acceptance – Contract No. 2010-018-CA – Work Authorization No. 2 – Approval (pp. 27-72)Resolution accepting a United States Environmental Protection Agency (EPA) Brownfield Cooperative Agreement (Cleanup Grant), in the amount of $200,000; and authorizing Work Authorization No. 2 under the Continuing Contract No. 2010-018-CA with Cardno-TBE, 380 Park Place Boulevard, Suite 300, Clearwater, FL 33759, in the amount of $240,000, for EPA Brownfield grant management environmental remediation and related services. The City's parking lot located at the southeast corner of Palmetto Avenue and Magnolia Avenue has the presence of petroleum hydrocarbons in the subsurface. Cardno-TBE assisted the City in acquiring a $200,000 EPA Brownfield Cleanup grant for the remediation of the property. The City has to exhaust all $200,000 of the EPA Cleanup grant plus the City's 20 percent match ($40,000) by September 2014 or the City risks forfeiting the remaining grant funds. The work authorization will efficiently facilitate the completion of all grant requirements. The cost to complete the work authorization tasks is $234,955 and The U.S. Environmental Protection Agency Cooperative Agreement will reimburse the City $200,000. Funds available in the Solid Waste Fund.
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Item 7E - Lift Station 10 and Force Main Improvements Design Services - Work Authorization No. 7 - Contract No. 1307-1020 (pp. 73-143)
Resolution approving Work Authorization No. 7, in an amount not to exceed $471,862.13, with McKim & Creed, P.A., 1901 Mason Avenue, Suite 102, Daytona Beach, FL 32117, for design, permitting services, and preparation of the construction plans for improvements to Lift Station No.10 sanitary sewer system. The scope of work provides for capacity improvements, including a new wetwell, larger pumps, new electrical controls, and a new forcemain. Funds available in the Water and Sewer Improvement Fund.
Item 7E
Lift Station 10 and Force Main Improvements Design Services - Work Authorization No. 7 - Contract No. 1307-1020 (pp. 73-143)Resolution approving Work Authorization No. 7, in an amount not to exceed $471,862.13, with McKim & Creed, P.A., 1901 Mason Avenue, Suite 102, Daytona Beach, FL 32117, for design, permitting services, and preparation of the construction plans for improvements to Lift Station No.10 sanitary sewer system. The scope of work provides for capacity improvements, including a new wetwell, larger pumps, new electrical controls, and a new forcemain. Funds available in the Water and Sewer Improvement Fund.
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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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