THE CITY OF DAYTONA BEACH REGULAR MEETING CITY COMMISSION JUNE 20, 2012 CITY COMMISSION CHAMBERS 6:00 P.M.

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1 THE CITY OF DAYTONA BEACH REGULAR MEETING CITY COMMISSION JUNE 20, 2012 CITY COMMISSION CHAMBERS 6:00 P.M. AGENDA Website Address (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) Help for the hearing impaired is available through the Assistive Listening System. Receivers can be obtained from the City Clerk s Office.

2 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 May 16, 2012 Regular City Commission Meeting, and the minutes of the June 6, 2012 Regular City Commission Meeting held 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. PRESENTATION. 6A. BEAUTIFICATION AWARDS - JUNE 2012 (pp ) Residential Award: Richard K. Johnson, 320 Braddock Avenue, Commissioner Kelly White, Zone 3 to present.

3 Commercial Award: Salon 230, Inc., 116 Magnolia Avenue, Mayor Glenn Ritchey to present. 7. 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). 7A. Allocation of Bike Week Sponsorship Funds (pp ) Resolution authorizing payment in the amount of: $300 to the Juneteenth festivities from the Bike Week Sponsorship Fund of Commissioner Patrick Henry. Funds available in the General Fund. the Recommendation: Interim Chief Financial Officer recommends adoption of Resolution. 7B. Designation of Polling Places (pp ) Resolution designating polling places in The City of Daytona Beach to be used by the voters in the Municipal Primary Election, to be held, Tuesday, August 14, 2012 and the Municipal General Election to be held Tuesday, November 6, Recommendation: City Clerk recommends adoption of the Resolution. 7C. Appointment of Canvassing Board (pp ) Resolution appointing the Volusia County Canvassing Board to judge the results of the Municipal Primary Election to be held on Tuesday, August 14, 2012 (if required) and the Municipal General Election to be held on Tuesday, November 6, 2012, in accordance with Article IV, Section 10, City Charter. Recommendation: City Clerk recommends adoption of the Resolution. 7D. Settlement of Litigation - Glarry Williams (pp )

4 Resolution authorizing payment in the amount of $26,500 to Glarry Williams and his attorney, Sam Masters, for release of all claims and full settlement of litigation in connection with Glarry Williams v. The City of Daytona Beach. Funds available in the Consolidated Insurance Fund. Recommendation: City Attorney recommends adoption of the Resolution. 7E. City of Daytona Beach - Volusia County Schools - Interlocal Agreement (pp ) Resolution approving an interlocal agreement between the City of Daytona Beach and Volusia County Schools for the joint use of real property at a reduced rental rate in exchange for the use of specific facilities as part of its parks program. Recommendation: Resolution. Leisure Services Director recommends adoption of 7F. One Way Valet, Inc. - City-owned Property - Valet Parking Agreement (pp.50-61) Resolution approving an agreement with One Way Valet, 37 North Orange Ave. Suite 500, Orlando FL 32801, for a term commencing June 1, 2012 and ending May 31, 2013, to use the City-owned property located at the northeast corner of Ocean Avenue and Harvey Street, south of Breakers Oceanfront Part for valet parking services for patrons of the Boardwalk and Joe's Crab Shack Restaurant. One Way Valet would charge $10.00 for valet parking and will pay the City $5.00 for each car that is parked in the City-owned lot. Recommendation: Support Services Director recommends adoption of the Resolution. 7G. Subordination Agreement - PNC Mortgage (pp ) Resolution authorizing approval of a Subordination Agreement with PNC Mortgage a division of PNC Bank, on behalf of Erik & Maureen Jacobs, for the City to subordinate its rights under the existing Affordable Home Ownership Assistance Program (AHOAP) Homebuyer Security Agreement for the property located at 263 S. Seneca, Daytona Beach, FL The 10-year Security Agreement was executed October 25, 2002 and is scheduled to terminate on October 25, The City provided $12, in the form of a deferred payment loan to assist the property purchase. The homeowners now wish to refinance their first mortgage loan to get a lower interest and monthly mortgage payment. No equity is being taken out of the property and the City will remain in second position. This request complies with the City Subordination Policy. Recommendation: Economic/Community Development Director recommends adoption of the Resolution.

5 7H. Florida Department of Transportation (FDOT) Mowing and Maintenance - Lowest and Best Bid Acceptance (pp ) Resolution accepting the lowest and best bid from Ford's Complete Lawn Care Inc., 551 Walker Avenue, Daytona Beach, FL 32114, to provide mowing, litter collection, edging, weeding and FDOT Right-of-Way maintenance in the City for a four (4) year contract period beginning June 21, 2012 through June 20, 2016 in an annual amount of $110,521.80, for a total of $442, The award includes an additive alternate for maintenance of A1A in the annual amount of $810. The amount authorized out of the current FY 2011/2012 budget is $40,934. FDOT provides funds in the amount of $154,000 annually to cover these maintenance costs. Funding for the balance of the contract period will authorized in subsequent budget cycles. Commission authorization is also requested for the City Manager to terminate the contract for convenience should funds not be approved for this purpose in the future. Funds available in the General Fund. Recommendation: Deputy City Manager/Operations recommends adoption of the Resolution. 7I. Department of Justice - Office of Justice Programs - Bureau of Justice Assistance Bulletproof Vest Partnership Program Grant Application Submission and Acceptance (pp ) Resolution authorizing the submission of an application to the U.S. Department of Justice, Bureau of Justice Assistance, Office of Justice Programs, fiscal year 2012, Bulletproof Vest Partnership Program (BPV), in the amount of $29, to fund the purchase of bulletproof vests for sworn officers; authorizing acceptance of the grant funds if awarded and a 50 percent City match in the amount of $29,295.20, totaling $58, Funds available in the Federal Share Property Forefeitures Fund. Recommendation: Chief of Police recommends adoption of the Resolution. 7J. Daytona Beach Police Department - Tactical Bulletproof Vest - Purchase (pp ) Resolution authorizing the purchase of 25 Dragonfire Plus ballistic vests, in an amount of $49,937.50, from Lawmen's and Shooters' Supply, Inc th Street S.W., Vero Beach, FL 32968, for the SWAT Team that are not covered under the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance Bulletproof Vest Partnership Program, which allows the purchase of one vest per person. The current issued vests are due to expire December Ballistic vests pricing is based on state contract pricing, (state contract number ( ), and the vendor has offered an additional discount which is permitted by the purchasing code. Funds available in the Law Enforcement Trust Funds.

6 Recommendation: Chief of Police recommends adoption of the Resolution. 7K. Disaster Debris Monitoring Services - Contract Approval (pp ) Resolution approving a Debris Monitoring and Related Services Contract, for a threeyear term with two (2) one-year renewal options with Thompson Consulting Services, 951 Market Promenade Avenue, Suite 2101, Lake Mary, Florida 32746, to oversee the debris removal and recovery efforts; and confirm that the proper documentation is prepared and maintained to assure that the City receives maximum reimbursement from the Federal Emergency Management Agency, Federal Highway Administration, and the State of Florida. No expenses will occur unless a work authorization is issued prior to a forecasted disaster or immediately following an unanticipated event. Recommendation: Deputy City Manager/Operations recommends adoption of the Resolution. 7L. Disaster Debris Removal, Reduction, and Disposal Services - Lowest and Best Bid Awards (pp ) Resolution accepting bids from DRC Emergency Services, LLC, West Palm Beach, Florida; D & J Enterprises, Inc., Auburn, Alabama; and Ceres Environmental Services, Inc., Sarasota, Florida, for a five-year term, with two (2) five-year renewal options, for the removal of disaster generated debris from public rights-of-way and public properties and recovery efforts in accordance with Federal and State guidelines. The firms will be on standby in the event that the City experiences a natural or man-made disaster that causes damage that exceeds the ability of City crews to address in a timely manner. Actual charges to the City will be based upon actual quantities of work units performed and will accrue only upon subsequent authorization for assistance for a disaster event. 8. PUBLIC HEARINGS. Recommendation: Deputy City Manager/Operations recommends adoption of the Resolution. 8A. Police & Fire Pension Plan - Amendments (pp. ( ) Ordinance on second reading - PUBLIC HEARING - amending Ordinance No modifying the pension benefits for Police & Fire members; Section 4 - Finance and Fund Management; Section 6 - Benefit Amounts and Eligibility; and Section 7 - Pre-Retirement Death. Sally McCarroll, Human Resources Director, to report. Recommendation: Human Resources Director recommends

7 adoption of the Ordinance. Action: Motion to adopt the Ordinance. 8B. Flexible Spending Plan - Amendment (pp ) Ordinance on second reading - PUBLIC HEARING - amending Ordinance Flexible Spending Plan with an updated Section 125 Plan. In November of 1989 the City established Ordinance Code (Attachment A) to adopt a Flexible Benefits Plan to allow eligible employees to pay for health insurance on a pre-tax basis as allowed under Section 125 of the Internal Revenue Code. Due to changes in the revenue code and our employee benefits plan over time it is necessary to update our Section 125 Plan. With the assistance of our Employee Benefits Consultant, Brown & Brown, the Section 125 Plan has been revised (Attachment B). The revised plan allows for eligible employees to direct portions of their pay for health insurance and dental insurance premiums on a pre-tax basis and allows for eligible COBRA and retirees that end employment with the City during the plan year to pay for coverage with pre-tax dollars out of their final paychecks, but only for coverage through the end of the plan year. It is recommended by the Human Resources Director and Risk Manager that the City adopts the revised Section 125 Plan in order to bring our current plan up to date with IRS requirements and to reflect our current employee benefits plan and to grant authority to the Commission to approve any future revisions to the Section 125 Plan via Resolution. Sally McCarroll, Human Resources Director, to report Recommendation: Human Resources Director recommends adoption of the Ordinance. Action: Motion to adopt the Ordinance. 8C. E-Zone Master Plan - Large Scale Comprehensive Plan Amendment (pp ) Ordinance on second reading - PUBLIC HEARING - adopting Comprehensive Plan Amendments previously transmitted to state agencies and local jurisdictions, amending the Future Land Use, Transportation, Infrastructure and Redevelopment Elements, to establish the E-Zone Overlay Future Land Use designation for ± acres of property located is in the general core tourist area around the Ocean Center, Peabody Auditorium, Boardwalk and Main Street and to incorporate the E-Zone Master Plan. Applicant: Development and Administrative Services Department, Planning Division. Richard Walton, Planning Director, to report. Recommendation: Planning Board recommends approval 11-to-0 with recommendations. Action: Motion to adopt the Ordinance.

8 8D. Citywide Social Service Uses - Large Scale Comprehensive Plan Amendment (pp ) 9. CITIZENS. Ordinance on second reading - PUBLIC HEARING - adopting Comprehensive Plan Amendments previously transmitted to state agencies and local jurisdictions, adding a Goal, an Objective and Policies to the Future Land Use Element to encourage equalization of the City s over-population of social service providers to under-served areas outside of the City within Volusia-Flagler Counties. Applicant: Development and Administrative Services Department, Planning Division. Richard Walton, Planning Director, to report. Recommendation: Planning Board recommends approval 9-to-0 with revisions. Action: Motion to adopt the Ordinance. 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.