CITY OF DAYTONA BEACH, FLORIDA
       
THE CITY OF DAYTONA BEACH
REGULAR MEETING – CITY COMMISSION
MAY 2, 2012
CITY COMMISSION CHAMBERS
6:00 P.M.
 
AGENDA
 
Website Address – www.codb.us (City Clerk)
 
NOTICE- If any person decides to appeal any decision of the City Commission at this meeting, he will need a record of the proceedings and, for that purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City does not prepare or provide such a record.
 
       
For special accommodations, please notify the City Clerk’s Office at least 72 hours in advance. (386) 671-8020 Help for the hearing impaired is available through the Assistive Listening System. Receivers can be obtained from the City Clerk’s Office.
       
       
 
In accordance with the Americans with Disabilities Act (ADA), persons needing a special accommodation to participate in the Commission proceedings should contact the City Clerk’s Office not later than three days prior to the proceedings.
 
 
1. Roll Call.
 
2. Invocation.
 
3. Pledge of Allegiance to the Flag.
 
4. Approval of Minutes.
 
 4A. Approval of Minutes



Approval of the minutes of the April 18, 2012 Regular City Commission Meeting, held at 6:00 p.m., in the Commission Chambers, City Hall, 301 South Ridgewood Avenue, Daytona Beach, Florida.





 
5. Agenda Approval.
 
THOSE MATTERS INCLUDED UNDER THE CONSENT AGENDA ARE SELF-EXPLANATORY 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. (CITIZENS WITH CONCERNS SHOULD ADDRESS THOSE CONCERNS TO A MEMBER OF THE CITY COMMISSION OR STAFF).
 
 
6. 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).
 
 6A.
Support Services Department - Halifax Harbor Marina - Fuel Low Bid Acceptance  (pp. <>-<>)


Resolution accepting the low bid from Watkins Oil Company, Titusville, FL, in an amount not to exceed $300,000, for the purchase of 91 Octane Unleaded Gasoline and Ultra Low Sulfur Diesel Fuel for resale at the Halifax Harbor Marina from May 2, 2012 through May 1, 2015.  The price per gallon to the City is based upon the applicable terminal rack rate plus regulatory fees and taxes and a fixed administrative fee from Watkins Oil of $.10 per gallon for the entire term of the contract.  In turn, the City adds a $0.50 per gallon mark up for resale.  Future expenditures shall be contingent upon Commission approval of the 2012-2013, 2013-2014, and 2014-2015 fiscal year budgets.  Funds available in the Halifax Harbor Marina Fund.  

            Recommendation:  Support Services Director recommends adoption of the
            Resolution.

 
 6B. Allocation of Bike Week Sponsorship Funds  (pp. 11-17)

Resolution authorizing payment in the amount of:
 
$1,230.71 to the Police Department and $1,230.71 to the Code Enforcement Division from the Bike Week Sponsorship Fund of Commissioner Pam Woods.  Funds available in the General Fund. 

$250 to the Juneteenth 2012 Celebration from the Bike Week Sponsorship Fund of  Commissioner Cassandra Reynolds.  Funds available in the General Fund.

            Recommendation:  Interim Chief Financial Officer recommends adoption of the
            Resolution.
 
 6C. Calling Primary Municipal Election – August 14, 2012  (pp.  18-23)

Resolution calling a Municipal Primary Election to be held in The City of Daytona Beach, Volusia County, FL, on Tuesday, August 14, 2012, for the election by Zone for City Commissioner for Zones 2, 4 and 6 for which more than two Candidates are nominated for the office of City Commissioner and for the election Citywide for Mayor for which more than two Candidates are nominated for the Office of Mayor, for terms commencing November 6, 2012; and calling a special City Commission meeting to declare the results.  

            Recommendation:  City Clerk recommends adoption of the Resolution. 
 
 6D. 2012 Custodian of Ballots and Voting Equipment – Appointment  (pp. 24-26)

Resolution appointing and naming Ann McFall, Supervisor of Elections, County of Volusia, as Custodian of all ballots and voting equipment for the Municipal Primary Election on Tuesday, August 14, 2012 and Municipal General Election on Tuesday, November 6, 2012; and requesting she administer absentee ballots for the Municipality as well as appoint inspectors and clerks for said elections in conjunction with the County Uniform Municipal Elections. 

            Recommendation:  City Clerk recommends adoption of the Resolution. 
 
 6E. U.S. Department of Justice, Edward Byrne Memorial Justice Assistance Grant (JAG) - Submission and Acceptance  (pp. 27-33)

Resolution authorizing the submission and acceptance of a grant application to the U.S. Department of Justice, Bureau of Justice Assistance for Fiscal Year 2012 Edward Byrne Memorial Justice Assistance Grant (JAG), Local Solicitation, in the amount of $62,710, to fund the increased crime reduction and law enforcement program needs, including the Juvenile Electronic Monitoring Program (JEM) and the enhancement and expansion of the Life Skills curriculum; and authorizing the City Manager or his designee to execute any agreements relating to this grant application.  Awards are made in the first fiscal year of the appropriation and may be expended during the following three years, for a total of a four (4) year grant period.  There is no match requirement to accept this grant award. 

            Recommendation:  Chief of Police recommends approval
 
 6F. Title Transfer – Museum of Arts and Sciences (MOAS)  (pp. 34-41)

Resolution transferring the title of four (4) parcels to the Museum of Arts and Sciences (MOAS), located within a portion of Tuscawilla Park lying south of Orange Avenue for the purpose of future expansion.  Similar transfers occurred in the past as the City has historically supported various MOAS projects.

            Recommendation:  Deputy City Manager/Administrative Services recommends
            adoption of the Resolution.
 
 6G. East International Speedway Boulevard (ISB) - Commercial Redevelopment Site - Request for Proposals (RFP)  (pp. 42-56)

Resolution authorizing the issuance of a Request for Proposals (RFP) to solicit interest to redevelop the East International Speedway Boulevard (ISB) Commercial Redevelopment Site, a 1.87-acre parcel owned by the City, plus other contiguous properties, generally located at the southwest intersection of International Speedway Boulevard and Peninsula Drive.

            Recommendation:  Redevelopment Director recommends adoption of the 
            Resolution.
 
 6H. Leisure Services Department - Program Partnership for Enrichment Activities – Request for Proposals (RFP)  (pp. 57-63)

Resolution authorizing the issuance of a Request for Proposals (RFP) for program partnership for enrichment activities.  The activities including but not limited to:  after school programs, summer camps, baseball leagues, basketball leagues, youth tennis programs, gymnastic programs, soccer programs, track and field programs, and senior activity programs.   

            Recommendation:  Leisure Services Director recommends adoption of the
            Resolution.

 
 6I. Gasoline and Diesel Fuel - Mansfield Oil - Watkins Oil - Renewal  (pp. 64-74)

Resolution approving the third of four annual renewals with Mansfield Oil, 1025 Airport Parkway SW, Gainesville, Georgia, and Watkins Oil Company, 175 Fisher Avenue, Titusville, FL, for the purchase of gasoline and diesel fuel for the city's vehicle fleet, for a term from May 8, 2012 through May 8, 2013.  This purchase is part of cooperative bid #09-B-30VO which Volusia County acted as the lead agency. Fuel shall be purchased on as-needed basis not to exceed $1,600,000.  Future expenditures shall be contingent upon approval of the 2012-2013 budget.  Funds are available in the Fleet Maintenance Fund.   

            Recommendation:  Deputy City Manager/Operations recommends adoption
            of  the Resolution.
 
 6J. Utilities Department - Wastewater Treatment Facilities - Supplemental Carbon Source - Low Bid Acceptance  (pp. 75-81)

Resolution accepting the low bid from Environmental Operating Solutions, Inc., 160 MacArthur Boulevard, Suite 6, Bourne, MA 02532, in an amount not to exceed $724,000, for the purchase of approximately 500,000 gallons annually of a supplemental carbon source for use at the wastewater treatment facilities in fiscal year 2011-2012 and a portion of fiscal year 2012-2013.  This is a 25 percent cost reduction from the previous bid.  Funds available in the Water and Sewer Fund.

            Recommendation:  Utilities Director recommends adoption of the Resolution.
 
 6K. Halifax Harbor Marina Fuel - Low Bid Acceptance  (pp. 82-88)

Resolution accepting the low bid and entering into a three-year agreement with Watkins Oil Company, 175 Fisher Avenue, Titusville, Florida 32796, for the purchase of 91 Octane Unleaded Gasoline and Ultra Low Sulfur Diesel Fuel for resale at the Halifax Harbor Marina.  The expenditure for the FY 2011/2012 shall not exceed $300,000.  The price per gallon to the City is based upon the applicable terminal rack rate plus regulatory fees and taxes and a fixed administrative fee from Watkins Oil of $.10 per gallon for the entire term.  In turn, the City adds a $0.50 per gallon mark up for resale.  Future expenditures shall be contingent upon Commission approval of the 2012-2013, 2013-2014, and 2014-2015 fiscal year budgets.  Funds available in the Halifax Harbor Fund. 

            Recommendation:  Support Services Director recommends adoption of the 
            Resolution. 
 
 6L. TT of Daytona, LLC. - Automall III Preliminary Plat and Final Plat - Approval  (pp. 89-107)

Resolution approving the Preliminary and Final Plat for the Automall III (Mercedes Benz Dealership), for the Automall Planned Commercial Development (PCD), located on the west side of Tomoka Farms Road, approximately 5,000 feet south of LPGA Boulevard.  The Preliminary and Final Plats have been reviewed by staff and the Technical Review Team (TRT), and they conform with City and State requirements.  The Preliminary Plat was approved by the Planning Board on March 22, 2012 7-to-0.  Applicant:  TT of Daytona Beach, LLC. (property owner).

            Recommendation:  Deputy City Manager/Operations recommends adoption
            of the Resolution.

 
 6M. Settlement of Claim – Gilman  **Addendum added 04-27-12**

Resolution authorizing payment in the amount of $15,591.72, for remediation of water damage to a property located at 144 Westwood Drive as a result of a hydrant malfunction on February 27, 2012.  Funds available in the Consolidated Insurance Fund.
 
            Recommendation:  City Attorney recommends adoption of the Resolution.
 
7. Public Hearings.
 
 7A. City Code - Chapter 30 - Purchasing -Revision  (pp. 108-153)

Ordinance on second reading - PUBLIC HEARING - amending Chapter 30 of the City Code to clarify the procurement process; clarifies exemptions to competition; permits negotiations with the sole bidder on a solicitation; streamlines issuance of Requests for Proposals/Qualifications; provide a payment/performance bond waiver on certain projects; and provides clear authority for the City Commission to waive or modify requirements of the Code as needed.  

            Joanne Flick, Purchasing Agent, to report.

            Recommendation:  Interim Chief Financial Officer recommends adopting the
            Ordinance.
            Action:  Motion to adopt the Ordinance.
 
 7B. Large Scale Comprehensive Plan Amendment – Tarragona Shoppes  (pp. 154-181)

Resolution - PUBLIC HEARING - authorizing transmittal of Large Scale Comprehensive Plan Amendments (LSCPA) to state agencies and local jurisdictions for review and comments prior to final adoption. The amendments includes a map amendment changing the Future Land Use Map designation from Office Transition to Low Intensity Commercial for 2.47± acres of land located at 1173 International Speedway Boulevard (ISB); and amending issues and policies to Neighborhood “M” of the Future Land Use Element in the Comprehensive Plan, to allow commercial development along the south side of West International Speedway Boulevard, between Nova Road and Clyde Morris Boulevard.  Applicant:  Paul F. Holub Jr., on behalf of Speedway Investors, LLC.   Continued from the April 4, 2012 Regular City Commission Meeting.           

            Richard Walton, Planning Director, to report.       
     
            Recommendation:  Planning Board recommended denial 7-to-2.             
            Action:  Motion to adopt the Resolution.  (Must be approved by a super 
            majority vote of the City Commission)
 
 7C. Daytona Beach Pier and Breakers Oceanfront Park Complex  - Public Use Permit - Amendment  (pp. 182-215) 

Resolution – PUBLIC HEARING - amending the public use permit for the Daytona Beach Pier and Breakers Oceanfront Park Complex, located at 1200 Main Street and 13 South Atlantic Avenue, to allow modifications to the previously approved sign plan and adding parking on the northeast corner of Harvey and South Ocean Avenue.  Applicant:  Development and Administrative Services Department, Planning Division.  

            Paul McKitrick, Deputy City Manager/Administrative Services, to report.

            Recommendation:  Deputy City Manager/Administrative Services recommends
            adoption.
            Action:  Motion to adopt the Resolution.  
 
8. Administrative Items.
 
 8A. Crab Addison, Inc. - Lease Agreement  - First Amendment  (pp. 216-234)

Resolution approving the First Amendment to the Lease Agreement between Crab Addison, Inc., and the City of Daytona Beach (11-283) amending Schedule A of the Agreement to eliminate the Utility Area Conceptual Plan which identified a proposed location for tenant's restaurant grease trap (tenant now intends to construct grease trap(s) within or under the Casino Building) and to reflect a change in location for the garbage facility to be utilized by the tenant; amending Schedule C of the Agreement to show a revised design for the garbage facility; and replacing Schedule E of the Agreement to incorporate changes in tenant's signage on the Casino Building and Pier.      

            James V. Chisholm, City Manager, to report.      

            Recommendation:  City Manager recommends adoption of the Resolution.
            Motion:  Motion to adopt the Resolution.
 
 8B. Pedicabs on the Boardwalk - Code of Ordinances - Amendment  (pp. 235-247)

Ordinance on first reading - amending the City Code of Ordinances to allow pedicabs on the Boardwalk and to regulate the use of pedicabs.   The use of pedicabs is becoming increasingly popular at tourist destinations throughout the nation and most communities are now regulating pedicabs to ensure a measure of public safety. The proposed amendments will allow commercial pedicabs on the Boardwalk, but continue to prohibit non-commercial bicycling.  Proposed regulations for pedicabs require certificates of public convenience for commercial operation of pedicabs, establish roads where pedicabs are allowed to operate, impose operator and vehicle permits and authorize associated regulatory fees. The amendment will also clarify and unify the term “Boardwalk” throughout the Code of Ordinances.   Staff, including the Police Department, is recommending an amendment to the City Code of Ordinances, to regulate commercial pedicabs.

            Paul McKitrick, Deputy City Manager/Administrative Services, to report.

            Recommendation:  Deputy City Manager/Administrative Services recommends
            passing the Ordinance on first reading.
            Action:  Motion to pass the Ordinance on first reading.
                  Note:  If passed, Public Hearing, May 16. 
 
 8C. Site Demolition and Restoration Standards - Land Development Code (LDC) - Text Amendment  (pp. 248-311)

Ordinance on first reading -  amending the Land Development Code (LDC), Article 8, Section 6.5 - Site Restoration Standards, to improve the quality and appearance of fences along the east side of Atlantic Avenue and provide for the removal of fences at such time the surface of vacant lots are substantially covered with vegetation.  Applicant:  Development and Administrative Services Department, Planning Division. 

            Reed Berger, Redevelopment Director, to report.

            Recommendation:  Planning Board recommends approval 6-to-0.
            Action:  Motion to pass the Ordinance on first reading.
                  Note:  If Passed, Public Hearing, May 16.
 
 8D. GAI Consultants - Work Authorization No. 8 - Contract No. 1308-0730  (pp. 312-359)

Resolution approving Work Authorization No. 8 (Contract No. 1308-0730), with GAI Consultants, 618 East South Street, Suite 700, Orlando, Florida 32801, in an amount not to exceed $1,157,185,  for design and permitting of the Restructured Program in the area generally bounded by Nova Road, Orange Avenue, Ridgewood Avenue and Beville Road for a Restructured Stormwater Remediation Program.  Staff is also requesting authorization from the City Commission to explore the procurements of two underground utility easements with property owners in the Fairway Estates Subdivision that promote the flooding cure.  Funds are available in the Stormwater Improvement Fund.  

            Mitt Tidwell, Utilities Director, to report.

            Recommendation:   Utilities Director recommends adoption of the Resolution.
            Action:  Motion to adopt the Resolution.     
 
9. Citizens.
 
 9A.PUBLIC COMMENT BY PEOPLE ADDRESSING THE CITY COMMISSION.

 
10. Comments and inquiries from the City Commission - City Manager and City Attorney report.
 
11. Adjournment.
 
Minutes have not been generated