THE CITY OF DAYTONA BEACH

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THE CITY OF DAYTONA BEACH REGULAR MEETING - CITY COMMISSION June 14, 2007 6:00 p.m. AGENDA Website Address – www.ci.daytona-beach.fl.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. Commission Chambers 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. 2. 3. 4. 5. Roll Call. Invocation. Pledge of Allegiance to the Flag. Approval of Minutes of May 16, 2007 regular City Commission Meeting, as individually read. 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. (CITIZENS WITH CONCERNS SHOULD ADDRESS THOSE CONCERNS TO A MEMBER OF THE CITY COMMISSION OR STAFF). Action: Motion to approve. 06-14-07 6. PRESENTATIONS Downtown Ballough Road Redevelopment Area Board and Downtown Development Authority Presentation – Presentation on the board’s activities over the previous 12 months as well as anticipated goals and plans for the future. See Ex. “A”, p. 9-10. Betty Goodman, Assistant City Manager, to introduce the presenter. 7. PUBLIC COMMENTS BY PEOPLE ADDRESSING THE CITY COMMISSION. _______________________________________________________________________________ ******************************************************************************* Consent Agenda Items – 8-19 ________________________________________________________________________________ ******************************************************************************** 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). ADMINISTRATIVE ITEMS 8. Allocation of Bike Week Sponsorship Funds - Resolution authorizing payment in the amount of $630 (for a scholarship) to the Dickerson Center to cover the cost of two (2) children living in Zone 6 to attend the summer program at the Dickerson Center; $200 to the Juneteenth Banquet and $100 to the New Town Neighborhood Watch from the Bike Week Sponsorship Fund of Commissioner Cassandra Reynolds; authorizing payment in the amount of $300 to Greater Friendship Scholarship and $150 to Mainland Senior High School Lady Bucs Dance-Drill Team from the Bike Week Sponsorship Fund of Commissioner Dwayne Taylor; authorizing payment in the amount of $500 to Daytona Beach Fire Fighter Association Annual Golf Tournament from the Bike Week Sponsorship Fund of Commissioner Yvonne Newcomb Doty and $500 from the Bike Week Sponsorship Fund of Commissioner Richard Shiver; authorizing payment in the amount of $300 to Newtown Neighborhood Association c/o Bunnye Smith, $250 to Children's Advocacy Center (in Al Tolley's name) and $250 to Daytona Beach Fire Fighter Association Annual Golf Tournament from the Bike Week Sponsorship Fund of Commissioner Shiela McKay-Vaughan. Funds available in the General Fund. See Ex. “B”, p. 11-12. Recommendation: Finance Director recommends approval. 2 06-14-07 CONSENT AGENDA (CONT.) 9. Utility and Perpetual Easement – Acceptance A. Resolution authorizing the acceptance of a 10-foot wide Utility Easement from Evans Speedway, LLC for a 6-foot reuse main along the frontage of the Speedway Village property located on the west side of West International Speedway Boulevard approximately 1000-feet northeast of the Williamson Boulevard intersection. See Ex. “C”, p. 13-19. Recommendation: Utilities Director recommends approval. B. Resolution authorizing the acceptance of two (2) 25x50-foot Perpetual Easements for a Lift Station, to accommodate an overall 50x50-foot Lift Station Easement, and to accept a 15-foot wide Utility Easement to extend a 12-inch water main from Nova Road to Holly Street between 6th and 8th Street. The Lift Station will be located along Holly Street mid-block between 6th and 8th Street and the water main extension will run from the Old Nova Road right-of-way west to Holly Street. These easements are being granted to allow construction of a public Lift Station and water main needed for a new business park and future water and sewer needs for the surrounding area. See Ex. “D”, p. 20-33. Recommendation: Utilities Director recommends approval. 10. Local Housing Assistance Program (LHAP) – Amendment – Resolution amending the 2005-2006, 2006-2007 and 2007-2008 Local Housing Assistance Program (LHAP) adopted by Resolution 05148, increasing the options available for the Affordable Housing Program to include interest buydown and assuming third mortgage position when State Housing Initiatives Partnership Program (SHIP) funds are combined with Florida Housing Finance Corporation Programs for home purchases. See Ex. “E”, p. 34-73. Recommendation: Community Development Director recommends approval. 11. Kevin John Fischer – Interstate 95 Dedication – Resolution of support requesting the Florida State Legislature and Governor Charlie Christ approve the dedication of a portion of Interstate 95 at Mile Marker 261, between State Road 400 and 600 in Volusia County in memory of Police Officer Kevin John Fischer, for his dedication and service to The City of Daytona Beach and the Daytona Beach Police Department. See Ex. “F”, p. 74-75. Recommendation: Police Chief recommends approval. 12. Main Street and South Atlantic Redevelopment Areas – Capital Improvements – Reimbursement Resolution authorizing reimbursement to the City from debt proceeds for expenses incurred related to the acquisition of land and construction of certain capital improvements in the Main Street and South Atlantic Redevelopment Areas within the City. The City may legally reimburse itself for costs incurred prior to the issuance of debt from debt proceeds. See Ex. “G”, p. 76-79. Recommendation: Finance Director recommends approval. 3 06-14-07 CONSENT AGENDA (CONT.) 13. Property Insurance Quote – Acceptance – Resolution authorizing acceptance of the quote submitted by Brown and Brown, Inc., 220 South Ridgewood Avenue, Daytona Beach, Florida 32114 on behalf of Landmark American Insurance Company, 945 East Paces Ferry Road, No. 1800, Atlanta, Georgia 30326, for All Perils Property Insurance with a limit of liability of $255,660,491 for City properties. This includes coverage in the amount of $2,500,000 sub limit for the perils of named wind and hail and a $2,500,000 sub limit for flood. The deductible for most perils is $50,000 except the perils of named wind, hail and flood where a deductible of 5 percent of value at time and place of loss with a $500,000 minimum deductible applies. The current coverage for an annual premium of $1,057,477 expires June 21, 2007. The annual premium for the coverage June 21, 2007 through June 20, 2008 is $558,081.53. Funds available in the Consolidated Insurance Fund. See Ex. “H”, p. 80-89. Recommendation: Human Resources Director recommends approval. 14. Surplus Materials and Equipment Disposal – Resolution authorizing old and obsolete materials and equipment to be declared surplus; and authorizing disposal of the equipment by scrapping, trade, donation, sealed bid, or sale by public auction. See Ex. “I”, p. 90-93. Recommendation: Support Services Director recommends approval. 15. Walnut Street - Sale of City Property - Resolution declaring the City-owned real property identified by Parcel No. 5338-97-11-0020 and 5338-97-11-0010, located on Walnut Street to be surplus; and authorizing the City Manager or his designee to dispose of the property by sale or whatever other means that will garner the greater revenue. See Ex. “J”, p. 94-99. Recommendation: Support Services Director recommends approval. PURCHASES 16. Firefighter Protective Clothing – Bid Acceptance – Resolution accepting the second lowest bid from Municipal Equipment Co., 2049 West Central Boulevard, Orlando, Florida 32805 in the amount of $46,937.40 for the purchase of 30 sets of structural firefighter protective clothing. Funds available in the Structural Firefighter Protective Equipment Fund. See Ex. “K”, p. 100-117. Recommendation: Fire Chief recommends approval. 4 06-14-07 CONSENT AGENDA (CONT.) 17. Lift Station – Sewer Linings – Purchase and Installation – Low Bid – Resolution accepting the low bid from Southeast Pipe Survey Inc., 3523 Williams Street, Patterson, Georgia 31557 in an amount not to exceed $51,250 for the purchase and installation of sewer linings for sanitary sewers located at Lift Station areas 021,020 and 031. Funds available in the Water and Sewer Funds. See Ex. “L”, p. 118-122. Recommendation: Utilities Director recommends approval. 18. Vehicle Purchase – Resolution authorizing the purchase of a one-ton pick-up truck from Alan Jay Buick Pontiac GMC, Inc., P.O. Box 9200, Sebring, Florida 33871-9200, in association with Florida Sheriffs Association Contract No. 06-14-0821, Specification #39, in the amount of $26,793, to replace a 1999 GMC one-ton pick-up truck with 91,185 miles on it and has been in four (4) vehicular accidents. It has been determined that it is no longer cost effective to continue the upkeep and perform preventive maintenance on the vehicle. Funds available in the Water and Sewer Improvement Fund. See Ex. “M”, p. 123-134. Recommendation: Utilities Director recommends approval. 19. Emergency Generator Purchase – Resolution authorizing the emergency purchase of one (1) generator from Ring Power Corporation, 9901 Ringhaver Drive, Orlando, Florida 32824, in an amount not to exceed $93,124.22 to provide emergency power in the Utilities Department in case of an emergency situation. Funds available in the Water and Sewer Improvement Fund. See Ex. “N”, p. 135-139. Recommendation: Utilities Director recommends approval. Action: Motion that the reading of the Resolutions on the Consent Agenda be dispensed with and the Resolutions be adopted. _______________________________________________________________________________ ******************************************************************************* END OF CONSENT AGENDA _______________________________________________________________________________ ******************************************************************************* PUBLIC HEARINGS 20. Solid Waste – Contract Approval – Ordinance on second reading – PUBLIC HEARING – approving a five (5) year contract commencing October 1, 2007, between The City of Daytona Beach and Waste Pro, 2101 West State Road, Longwood, Florida, in the estimated amount of $8,400,000, to collect and dispose of residential and commercial garbage, yard trash and recyclables. Funds available in the Solid Waste Management Fund. See Ex. “O”, p. 140-241. Paul McKitrick, Interim Public Works Director, to report. Recommendation: Interim Public Works Director recommends approval. Action: Motion to adopt the Ordinance. 5 06-14-07 21. William Lofts, LLC A. Brownfield Designation – Resolution – PUBLIC HEARING – designating the contiguous properties of William Lofts, LLC on the southwest corner of Palmetto and Magnolia Avenues and the City’s parking lot on Palmetto Avenue as a Brownfield; and designating the Daytona Beach Downtown Redevelopment Board as the Advisory Committee to review the rehabilitation and redevelopment of the Brownfield. See Ex. “P”, p. 242-250. Paul McKitrick, Interim Public Works Director, to report. Recommendation: Interim Public Works Director recommends approval. Action: Motion to adopt the Resolution. B. Agreement Acceptance – Resolution approving an agreement between The City of Daytona Beach and William Lofts, LLC in the estimated amount of $200,000 for joint mitigation of the Cityowned parking lot on Palmetto Avenue and the William Lofts, LLC property on Magnolia Avenue. Funds available in the Redevelopment Downtown Fund. See Ex. “Q”, p. 251-264. Paul McKitrick, Interim Public Works Director, to report. Recommendation: Interim Public Works Director recommends approval. Action: Motion to adopt the Resolution. ADMINISTRATIVE ITEMS 22. Telecommunication Software Maintenance Subscription – Purchase – Ordinance on first reading authorizing the sole source purchase of a three (3) year Telecommunications Software Maintenance Subscription with Shared Technologies, 1409 Beltline Road, Coppell, Texas 75019, in association with State of Florida Contract No. 250-000-03-1, in an amount not to exceed $99,914.89, for telephone software upgrades. Savings can be realized with the software maintenance subscription via the software release subscription versus individual upgrade purchases. Funds available in the Telecommunications – Maintenance and Repair EDP Equipment Fund. See Ex. “R”, p. 265-276. J. Paul Wetzel, Support Services Director, to report. Recommendation: Support Services Director recommends approval. Action: Motion to pass the Ordinance on first reading. Note: If passed, Public Hearing on June 27. 6 06-14-07 23. St. Johns River Water Management District – Cost Share Agreement – Approval – Ordinance on first reading approving a five (5) year Cost Share Agreement between The City of Daytona Beach and St. Johns River Water Management District, providing for 20 percent reimbursement of construction costs for the City’s submitted project “Daytona Beach Reclaimed Water System”. The project includes ground storage tanks, pump stations and pipelines for reclaimed water expansion. The funding is for $396,000 per year for each fiscal year of the agreement contingent upon State and District approval and funding availability. See Ex. “S”, p. 277-320. Mitt Tidwell, Utilities Director, to report. Recommendation: Utilities Director recommends approval. Action: Motion to pass the Ordinance on first reading. Note: If passed, Public Hearing on June 27. 24. Halifax Harbor Marina – Marine Fuel – Bid Acceptance – Ordinance on first reading accepting the low bid from Clay Oil Corporation, 42 Sleepy Hollow Road, Middleburg, Florida 32068, in the estimated amount of $600,000, for the provision of marine gasoline and diesel fuel for resale at Halifax Harbor Marina for the period commencing July 1, 2007 through June 30, 2009. Funds available in the Cost of Goods Sold – Gasoline Fund. See Ex. “T”, p. 321-327. J. Paul Wetzel, Support Services Director, to report. Recommendation: Support Services Director recommends approval. Action: Motion to pass the Ordinance on first reading. Note: If passed, Public Hearing on June 27. 25. Employee Severance Plan – Acceptance – Ordinance on first reading authorizing the City Manager to adopt an Employee Severance Plan with Employers Preferred Corporation, 26877 Northwestern Highway, Suite 305, Southfield, Michigan 48033-8417, as the agent and consultant to implement The City of Daytona Beach Employee Severance Plan. This plan would provide employees with more than 10 years of City service or those employees earning over $50,000 per year an opportunity to leave City service with an enhanced personal leave benefit an health insurance stipend. The plan would result in a number of vacancies throughout the City, which may or may not be filled as a part of the budget process; and authorizing the Mayor and City Clerk to execute the agreement. See Ex. “U”, p. 328-337. Sarah McCarroll, Human Resources Director, to report. Recommendation: Human Resources Director recommends approval. Action: Motion to pass the Ordinance on first reading. Note: If passed, Public Hearing on June 27. 7 06-14-07 26. Event Production Agreement – Termination – Resolution accepting the recommendation from City staff to notify Tom Cellie Productions, Inc., of the City’s intent to terminate the Event Production Agreement for Biketoberfest and Bike Week in Riverfront Park, by giving the 365-day notice as required by Section A.1 of the agreement. See Ex. “V”, p. 338-339. J. Paul Wetzel, Support Services Director, to report. Recommendation: Support Services Director recommends approval. Action: Motion to adopt the Resolution. 27. 28. 29. Citizens. Comments and inquiries from City Commission and City Manager. Adjournment. 8

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