THE CITY OF DAYTONA BEACH REGULAR MEETING – CITY COMMISSION August 6, 2008 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 available Listening obtained Office. the hearing impaired is through the Assistive System. Receivers can be from the City Clerk’s 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 the July 16, 2008, 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.
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PUBLIC COMMENTS BY PEOPLE ADDRESSING THE CITY COMMISSION. _______________________________________________________________________________ ******************************************************************************* Consent Agenda Items 7-17 _______________________________________________________________________________ ******************************************************************************* 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
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U.S. Department of Justice, Edward Byrne Memorial Justice Assistance Grant – Submission and Acceptance – Resolution authorizing the submission and acceptance of a grant application to the U.S. Department of Justice, Edward Byrne Memorial Justice Assistance Grant Program for the purchase of a bar coding system for the property and evidence division of the Police Department, in the amount of $33,000; and authorizing the City Manager or his designee to execute any agreements relating to this grant application. There is no match requirement to accept this grant award. See Ex. “A”, p. 10-17. Recommendation: Chief of Police recommends approval.
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2008-2009 Annual Action Plan - Submission – Resolution approving the submission of The City of Daytona Beach 2008-2009 Fourth Year Annual Action Plan to the United States Department of Housing and Urban Development (HUD) as required per federal regulations. As part of the approval, City staff is also requesting authorization for the Mayor to execute deeds and the City Manager and staff to execute form contracts and agreements for implementation of projects and activities approved in the plan. See Ex. “B”, p. 18-77. (TIME SENSITIVE) Recommendation: Community Development Director recommends approval.
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CONSENT AGENDA (CONT.) 9. Auditorium Boulevard – Streetscape Improvements – Resolution authorizing a Joint Project Agreement (JPA) with Volusia County to construct Auditorium Boulevard Streetscape Improvements to Auditorium Boulevard from Atlantic Avenue to Wild Olive Avenue, in an amount not to exceed $858,693. Pursuant to the JPA with Volusia County, the total project cost is $1,358,693, with Volusia County contributing $500,000, towards funding. The Community Redevelopment Area (CRA) Board reviewed and approved the expenditure of funds for this project July 16, 2008, (CRA Resolution No.08-12). This project is consistent with the Community Redevelopment (CRA) plan. Funds available in the Main Street Redevelopment Fund. See Ex. “C”, p. 78-109. Recommendation: Deputy City Manager/Public Works recommends approval. 10. FDOT Local Agency Program (LAP) Agreement – Orange Avenue Sidewalk Project – Resolution authorizing the City’s acceptance of a Local Agency Program (LAP) agreement with the Florida Department of Transportation (FDOT) for design of the Orange Avenue Sidewalk Project (CODB Contract 2008-17). This agreement will cover the in-house design of the project. FDOT will reimburse the City up to $10,000. See Ex. “D”, p. 110-127. Recommendation: Deputy City Manager/Public Works recommends approval. 11. Brownfield Site Rehabilitation Agreement – Resolution authorizing the Brownfield Site Rehabilitation Agreement (BSRA) and authorizing submittal of the BSRA to the Florida Department of Environmental Protection (FDEP); and appointing the Economic Development Advisory Board as the Advisory Committee for this Brownfield site. Rehabilitation of the City property at the northwest corner of the intersection of Clyde Morris Boulevard and Bellevue Avenue Extension requires the City to execute and submit a BSRA to the FDEP. See Ex. “E”, p. 128-179. Recommendation: Deputy City Manager/Public Works recommends approval. 12. Utility Billing Services for Printing and Mailing – Renewal Option – Resolution authorizing the City’s option to renew the agreement with TC Specialties Company, 8811 Boggy Creek Road, Orlando, FL 32824, to provide printing and handling of utility bills for the third and final renewal period, September 1, 2008 through August 31, 2009, at a rate of $0.11914 per bill for an estimated amount not to exceed $38,500. Funds available in the Water and Sewer Fund. See Ex. “F”, p. 180-182. Recommendation: Interim Finance Director recommends approval.
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CONSENT AGENDA (CONT.) 13. Span Wire Traffic Signal – Repair and Update – Resolution authorizing the repair and updating of four span wire intersections with Traffic Control Devices; under Seminole County Contract # IFB3110-05/GMG, in the amount of $56,581.88. Environmental exposure has created severe corrosion problems with intersection components. This authorization will include all signal head displays being updated to energy saving LED indications, and the traffic control cabinet will be updated to TS2-Type1. City traffic signal personnel will replace the signal cabinets to save resources. Funds available in the Transportation 5cent Gas Tax. See Ex. “G”, p. 183-311. Recommendation: Deputy City Manager/Public Works recommends approval. 14. Professional Services - Continuing Services Contracts – Resolution approving continuing services contracts with professional consulting firms selected by the City’s Selection Committee. The City Commission approved a Request for Qualifications (RFQs) to seek Statements of Qualifications for professional consulting services (Resolution No. 06-169). These consultants will be used on various Capital Improvement Projects for the following area of practice: Electrical, Civil, Geotechnical, Environmental and Roof Engineering, Land Surveying and Underground Utility Location Services. See Ex. “H”, p. 312-402. Firm Name
DRMP, Inc.
Business Address
Disciplines
1505 E. Colonial Dr., Orlando, FL Civil & Environmental Engineering, 32803 Land Surveying and Underground Utility Locations 6500 All American Orlando, FL 32810 Blvd., Land Surveying Utility Locations & Underground
Southeastern Surveying The R-A-M Professional Group, Inc.
8298 Bayberry Road, Suite 1, Electrical & Civil Engineering Jacksonville, FL 32256
Zev Cohen & Associates, 300 Interchange Blvd., Ormond Civil & Environmental Engineering Inc. Beach, FL 32174
Recommendation: Deputy City Manager/Public Works recommends approval. 15. Grande Champions SW28 – Contract for Plat Recording – Extension – Resolution approving a 24 month extension of the Contract for Plat Recording and the conveyance of a portion of Dunn Avenue Extension right-of-way for the construction of Champion Ridge Way. The property is located north of West International Speedway Boulevard, west of Tomoka River and South of Champions Drive. The final plat was approved August 6, 2006 (Resolution No. 06-296). The applicant for this project is M.S.K.P. Volusia Partners, L.L.C., P.O. Box 12039, Daytona Beach, FL 32120-2039. There is no City funding associated with this development. See Ex. “I”, p. 403444. Recommendation: Deputy City Manager/Public Works recommends approval.
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CONSENT AGENDA (CONT.) 16. Father Lopez High School – Final Plat and Contract Approval - Resolution approving the Final Plat and the contract for Plat Recording for the Father Lopez High School facility on LPGA Boulevard with Bishop Thomas G. Wenski, as the Bishop of the Diocese of Orlando, P.O. Box 1800, Orlando, FL 32802-1800. The preliminary plat was approved on April 4, 2007, by Ordinance 07-130. The final plat is consistent with the preliminary plat. There is no City funding associated with this development. See Ex. “J”, p. 445-513. Recommendation: Deputy City Manager/Public Works recommends approval. 17. Telephone Service Provider - Bid Acceptance – Resolution accepting the low bid from NuVox Communications Inc., Two North Main Street, Greenville, SC 29601, in an amount not to exceed $217,692, for primary rate ISDN (PRI) services, for a period of 60 months. The purchase of six local telephone trunk T1 circuits will provide the City with local access to the Public Switched Telephone Network. These circuits are basic to the City’s ability to make and receive local calls and for placing 911 emergency calls. The low bid represents a savings, over a five-year period, to the City of $178,554 over the current rate, and $86,688 over the proposed AT&T rate. The current contract with AT&T expired June 4, 2008. Funds available in the IT- Telecommunications – Communication Services Fund. See Ex. “K”, p. 514-518. Recommendation: Interim Finance 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 _______________________________________________________________________________ ******************************************************************************* ADMINISTRATIVE ITEM 18. Discussion – Aeronautical Educational Redevelopment Opportunities (AERO) Research Park Brownfield update. See Ex. “L”, p. 519-520. Emory Counts, Economic Development Director, to report.
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PUBLIC HEARINGS 19. Fiscal Integrity Principles Ordinance – Proposed Revision – Ordinance on second reading – PUBLIC HEARING – amending the Fiscal Integrity Principles Ordinance (Sections 46-26 and Section 46-31) to allow greater flexibility in budgeting, for the five-year (5) capital program and amending the 10% unreserved fund balance calculation, while still maintaining a prudent level of unreserved fund balance to protect the City against emergencies or natural disasters, unanticipated economic downturns, or unpredicted one-time expenditures. See Ex. “M”, p. 521-525. Michael Robertson, Interim Finance Director, to report. Recommendation: Interim Finance Director recommends action Action: Motion to adopt the Ordinance. 20. Brokerage Services - Property and Casualty Insurance – Proposal Acceptance – Ordinance on second reading – PUBLIC HEARING – accepting the proposal submitted by Brown & Brown of Florida, 220 South Ridgewood Avenue, Daytona Beach, Florida 32114, for brokerage services for Property and Casualty Insurance for an initial contract period of three (3) years with an option to renew for an additional three (3) years for the annual fee of $40,000, pursuant to Resolution No. 08-23, which authorized the Request for Proposals (RFPs). Funds available in the Consolidated Insurance Fund. See Ex. “N”, p. 526-552. Sally McCarroll, Human Resources Director, to report. Recommendation: Human Resources Director and Risk Manager recommend action. Action: Motion to adopt the Ordinance. 21. Temporary Fuel Surcharge – “Vehicle for Hire” Companies (Taxicabs) - Amendment – Ordinance on second reading – PUBLIC HEARING – amending Ordinance No. 05-461; Section 102-168, – Temporary Fuel Surcharge, as amended by Ordinance No. 08-128; allowing a $2.00 per trip temporary fuel surcharge, that can be incrementally increased or decreased with no maximum cap. See Ex. “O”, p. 553-560. Cheryl Harrison-Lee, Chief Administrative Officer, to report. Recommendation: Chief Administrative Officer recommends action. Action: Motion to adopt the Ordinance.
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ADMINISTRATIVE ITEMS 22. Nuisance Abatement Board –Amendment – Ordinance on first reading amending Section 62-66 of the City Code of Ordinances (Conduct of Hearings) as to clerical support to the Nuisance Abatement Board to allow flexibility and the most efficient use of City resources. See Ex. “P”, p. 561-563. Marie Hartman, City Attorney, to report. Recommendation: Chief of Police and City Attorney recommend action. Action: Motion to pass the Ordinance on first reading. Note: If passed, Public Hearing, August 20. 23. Police Department - Automated Red Light Camera Enforcement Program – Ordinance on first reading establishing an Automated Red Light Camera Enforcement Program. Red light running is a major problem throughout the United States, Florida and The City of Daytona Beach. Establishing this program will greatly improve public safety and enable the more efficient use of Police resources. The program requires no investment by the City. See Ex. “Q”, p. 564-565. Michael J. Chitwood, Chief of Police, to report. Recommendation: Chief of Police recommends action. Action: Motion to pass the Ordinance on first reading. Note: If passed, Public Hearing, August 20. 24. Police Department – Accident Response User Fee – Ordinance on first reading establishing a Police Accident Response User Fee for responsible parties, to defray the costs associated with responding to motor vehicle accidents. The Police Accident Response Fee allows the City to receive revenue from the responsible party that caused the accident, within the jurisdictional boundaries of the City. The City has made a significant financial investment in providing public safety services to City and non-city residents who are involved and are responsible for vehicular accidents. As the City’s revenue base continues to shrink, protecting our ability to provide essential Police services is dependent upon replacing lost property tax revenues with the revenues collected by the City through a fee for services rendered. The fees charged to insurance companies is a rate that reflects a national rate accepted by the insurance industry. A fee schedule that reflects the nationally accepted rates will be established by Resolution once approved. The department anticipates to contract with a private company to facilitate the processing, billing and collection of the fees. See Ex. “R”, p. 566-567. Michael J. Chitwood, Chief of Police, to report. Recommendation: Chief of Police recommends action. Action: Motion to pass the Ordinance on first reading. Note: If passed, Public Hearing, August 20.
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Fire Department – Fire/Emergency Medical Services (EMS) Accident Response User Fee – Ordinance on first reading establishing a Fire/EMS Accident Response User Fee for responsible parties, to defray the costs associated with responding to motor vehicle accidents and fires. The Fire/EMS Accident Response Fee allows the City to receive revenue from the responsible party that caused the accident or fire, within the jurisdictional boundaries of the City. The City has made a significant financial investment in providing public safety services to City and non-city residents who are involved and are responsible for vehicular accidents. As the City’s revenue base continues to shrink, protecting our ability to provide essential Fire/Emergency Medical Services (EMS) is dependent upon replacing lost property tax revenues with the revenues collected by the City through a fee for services rendered. The fees charged to insurance companies is a rate that reflects a national rate accepted by the insurance industry. A fee schedule that reflects the nationally accepted rates will be established by Resolution once approved. The planning for the FY 2008/2009 Budget includes $250,000, as revenue from the fire accident response fee and may be higher depending on the success of the collections. See Ex. “S”, p. 568-569. Gary Hughes, Fire Chief, to report. Recommendation: Fire Chief recommends action. Action: Motion to pass the Ordinance on first reading. Note: If passed, Public Hearing, August 20.
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Fire Department – Fire/Emergency Medical Services (EMS) Advanced Life Support Transport – Certificate of Public Convenience and Necessity – Resolution authorizing the Fire Department to apply for a Certificate of Public Convenience & Necessity for Transport from the Volusia County Council which will provide patient transportation to area hospitals. Upon approval the Fire Department will provide first tier patient care and transport to our citizens. The average response time within the City is 4 minutes, which is in keeping with the recommended time of the American Heart Association and the National Fire Protection Association. The potential for a budget surplus each year for both emergency and inter-facility transport of patients is excellent. Based on data obtained through public records from the current provider, there is potential of cumulative surplus of $6.9 million dollars by the year 2014. This final figure is after all expenses related to transport and staffing. See Ex. “T”, p. 570-577. Gary Hughes, Fire Chief, to report. Recommendation: Fire Chief recommends action. Action: Motion to adopt the Resolution.
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Planning Consulting Services - Land Development Code (LDC) – Request for Proposals (RFPs) – Resolution authorizing City staff to issue a Request for Proposals (RFPs) for planning consulting services for the purpose of updating the Land Development Code (LDC). The current LDC was adopted in 1993 and problems with interpretation and enforcement are becoming increasingly common. The proposal will seek a professional planning consultant to review, solicit public input, and rewrite the Land Development Code. Article 1, Section 7.1 of the LDC designates the City Manager as the person responsible for the administration of the Code. This Resolution confirms the City Manager’s authority to administer the LDC. There is no City funding associated the RFPs. The estimated project cost for the LDC workload is $250,000 which will be budgeted in various departments for the 2008-2009 Fiscal-year. See Ex. “U”, p. 578-581. James V. Chisholm City Manager to report. Recommendation: City Manager recommends action. Action: Motion to adopt the Resolution.
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Beautification/Tree Advisory Board – Appointment – Resolution appointing two members to the Beautification/Tree Advisory Board. Art. 3§7, Land Development Code, amended by Ordinance 96-258, The board consist of seven members, one from each Commission zone and one member at large who serve three (3) year staggered terms, commencing January 1 and shall end December 31. Must be a qualified elector of the City and reside within the zone from which appointed. Memberappointed chair can serve a maximum of two consecutive one-year terms. Both openings are due to resignations. The term for Zone 4 will expire on 12/31/09 and the term for Zone 5 will expire on 12/31/10. There are three applicants: Marcia Byers, Zone 4; Beverly Berger, Zone 4; and Don Crawford, Zone 5. See Ex. “V”, p. 582-589. Betty Goodman, Assistant City Manager, to report. Recommendation: Commission action. Action: Motion to adopt the Resolution.
29. 30. 31.
Citizens. Comments and inquiries from City Commission and City Manager. Adjournment.
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