March 21, 2012 South Ridgewood Avenue, Daytona Beach, Florida

Transcription

MINUTES
REGULAR MEETING - CITY COMMISSION
March 21, 2012
Minutes of the Regular Meeting of the City Commission of The City of Daytona Beach, Florida,
held on Wednesday, March 21, 2012, at 6:00 p.m., in the Commission Chambers, City Hall, 301
South Ridgewood Avenue, Daytona Beach, Florida.
1.
Roll Call.
Commissioner Patrick Henry
Commissioner Cassandra Reynolds
Commissioner Edith Shelley
Commissioner Pamela Woods
Commissioner Kelly White
Commissioner Robert Gilliland
Mayor Glenn Ritchey
Present
Present
Present
Present
Present
Present
Present
Also Present:
James V. Chisholm, City Manager
Marie Hartman, City Attorney
Jennifer L. Thomas, City Clerk
2.
Commissioner Henry led the Invocation.
3.
Commissioner Gilliland led Pledge of Allegiance to the Flag.
4A.
APPROVAL OF MINUTES
Adopted/Minutes of the March 7, 2012 Regular Meeting of the City Commission, held
Wednesday, at 6:00 p.m., in the Commission Chambers, City Hall, 301 South
Ridgewood Avenue, Daytona Beach, Florida.
It was moved by Commissioner Gilliland to adopt the minutes.
Seconded by
Commissioner Henry. The motion passed 7-to-0 with the breakdown as follows:
Commissioner Henry
Yea
Commissioner Reynolds Yea
Commissioner Shelley
Yea
Commissioner Woods
Yea
Commissioner White
Yea
Commissioner Gilliland Yea
Mayor Ritchey
Yea
03-21-12
5.
AGENDA APPROVAL
James V. Chisholm, City Manager read the Agenda changes:
Add to the Consent Agenda additional Allocations of Bike Week Sponsorship Funds in
the amount o£
$200 to assist with the expenses of the March 29, 2012 Job Fair from the Bike Week
Sponsorship Fund of Commissioner Kelly White.
Sponsorship Fund of Mayor Glenn Ritchey.
Pull Item No. 9B from the Agenda.
It was moved by Commissioner Gilliland to approve the Agenda with changes.
Seconded by Commissioner Woods. The motion passed 7-to-0 with the breakdown as
follows:
Commissioner Henry
Commissioner Reynolds
Commissioner Woods
Commissioner White
Commissioner Gilliland
Mayor Ritchey
7.
Yea
Yea
Yea
Yea
Yea
Yea
Yea
CONSENT AGENDA
A.
Adopted/Resolution No. 12-62 authorizing payment in the amount o£
$72 for four (4) cases of City bottled water for the Sister Alive Breast Cancer
Awareness Walk; and $150 to assist with the expenses of the March 29, 2012 Job Fair
from the Bike Week Sponsorship Fund of Commissioner Cassandra Reynolds. $600 to
assist with the expenses of the March 29, 2012 Job Fair from the Bike Week
Sponsorship Fund of Commissioner Pamela Woods. $400 to assist with the expenses of
the March 29, 2012 Job Fair from the Bike Week Sponsorship Fund of Commissioner
Robert Gilliland. $250 to assist with the expenses of the March 29, 2012 Job Fair from
the Bike Week Sponsorship Fund of Commissioner Patrick Henry. A RESOLUTION
AUTHORIZING GRANTS FROM THE BIKE WEEK SPONSORSHIP FEES;
GRANTING $72 TO SISTER ALIVE FOR ITS BREAST CANCER AWARENESS
WALK IN THE FORM OF CITY BOTTLED WATER; GRANTING $1,400 FOR THE
CITY'S MARCH 29, 2012, JOB FAIR; AND PROVIDING AN EFFECTIVE DATE.
2
03-21-12
Adopted/Resolution No. 12-63 authorizing payment in the amount of.
Sponsorship Fund of Commissioner Kelly White. $250 to assist with the expenses of
the March 29, 2012 Job Fair from the Bike Week Sponsorship Fund of Mayor Glenn
Ritchey. A RESOLUTION AUTHORIZING GRANTS FROM THE BIKE WEEK
SPONSORSHIP FEES; GRANTING $450 FOR THE CITY'S MARCH 29, 2012, JOB
FAIR; AND PROVIDING AN EFFECTIVE DATE.
B.
Adopted/Resolution No. 12-64 authorizing payment in the amount of $15,000 to Mary
Wilson and her attorney, Paul SanGiovanni of Morgan & Morgan, P.A., for release of
full settlement of all claims arising from injuries sustained in a traffic accident on April
16, 2011. A RESOLUTION AUTHORIZING PAYMENT TO MARY WILSON AND
HER ATTORNEY IN THE TOTAL AMOUNT OF $15,000 FOR RELEASE OF ALL
CLAIMS AGAINST THE CITY FOR INJURIES IN CONNECTION WITH A
TRAFFIC ACCIDENT ON APRIL 16, 2022; AND PROVIDING AN EFFECTIVE
DATE.
C.
Adopted/Resolution No. 12-65 approving the proposal submitted by Brown & Brown of
Florida, Inc., P.O. Box 2412, Daytona Beach, Florida 32115, on behalf of Star Insurance
Company, 26255 American Drive, Southfield, MI 48034, for excess liability and
workers' compensation coverage for the period April 15, 2012, to April 15, 2013. The
quoted annual premium, including fees is $202,600. This premium represents a 1.5% or
$3,039 increase over the current premium. A RESOLUTION ACCEPTING THE
PROPOSAL SUBMITTED BY BROWN & BROWN OF FLORIDA, INC., ON
BEHALF OF STAR INSURANCE COMPANY, FOR EXCESS LIABILITY AND
WORKERS' COMPENSATION COVERAGE FOR THE PERIOD APRIL 15, 2012,
TO APRIL 15,2013; AUTHORIZING PAYMENT OF PREMIUMS AND FEES DUE
IN THE AMOUNT OF $202,600; AND PROVIDING AN EFFECTIVE DATE.
D.
Adopted/Resolution No. 12-66 approving the request from the Volusia Building
Industry Association to place up to 15 temporary directional and entry signs promoting
the Parade of Homes along Grande Champion Blvd., Champion View, LPGA Blvd.,
International Golf Drive, Centennial Park Drive, Champion Drive, Palmetto and South
Grandview Avenue from March 17, 2012 through April 1, 2012. A RESOLUTION
AUTHORIZING THE VOLUSIA BUILDING INDUSTRY ASSOCIATION TO
PLACE UP TO FIFTEEN TEMPORARY DIRECTIONAL SIGNS MEASURING 18"
X 18" ALONG GRANDE CHAMPION BOULEVARD, CHAMPION VIEW, LPGA
BOULEVARD, INTERNATIONAL GOLF DRIVE, CENTENNIAL PARK DRIVE,
CHAMPION DRIVE, PALMETTO AVENUE, AND SOUTH GRANDVIEW
AVENUE FROM MARCH 17, 2012, THROUGH APRIL 1, 2012, FOR THE
ANNUAL PARADE OF HOMES; AND PROVIDING AN EFFECTIVE DATE.
3
03-21-12
E.
Adopted/Resolution No. 12-67 declaring certain buildings unsafe and requesting
condemnation in accordance with Chapter 22, Article II of the City Code. Property
owners were given notice to obtain permits to demolish or to make the necessary repairs
required to meet minimum habitability and Property Maintenance Code. Nine
(9) property owners did not meet the minimum requirements and staff is requesting
condemnation of the structures. Applicant: Development and Administrative Services
Department, Permit and Licensing Division. A RESOLUTION FINDING CERTAIN
STRUCTURES TO BE UNSAFE OR DILAPIDATED IN ACCORDANCE WITH
CHAPTER 22, ARTICLE II, CITY CODE; CONDEMNING THE STRUCTURES
AND REQUIRING THE OWNERS THEREOF TO REPAIR OR REMOVE THE
STRUCTURES NO LATER THAN APRIL 30, 2012; PROVIDING THAT FAILURE
OF THE OWNER TO REMEDY THE NUISANCE WITHIN THE TIME PROVIDED
WILL RESULT IN THE CITY TAKING ACTION AND CHARGING ALL
EXPENSES AGAINST THE PROPERTY; AND PROVIDING WHEN THIS
RESOLUTION SHALL TAKE EFFECT.
F.
Adopted/Resolution No. 12-68 approving a Cost-Share Agreement with St. Johns River
Water Management District (SJRWMD), providing for a grant of $200,000 with a City
match of $200,000 for the purchase and installation of new utility billing software. The
Finance and IT departments currently estimate that this software and installation will
cost at least $700,000, therefore the City's match is already included in the project plan.
The additional funding from SJRWMD will help the City to offset some of this cost. A
RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A
WATER CONSERVATION COST-SHARE AGREEMENT WITH THE ST. JOHNS
RIVER WATER MANAGEMENT DISTRICT PROVIDING FOR A GRANT TO THE
CITY IN THE AMOUNT OF $200,000 FOR THE PURCHASE OF UTILITY
BILLING SOFTWARE; PROVIDING FOR A CITY MATCH OF $200,000; AND
PROVIDING AN EFFECTIVE DATE.
G.
Adopted/Resolution No. 12-69 approving an amendment to the contract for credit card
merchant services with Fifth Third Processing Solutions, LLC and Fifth Third Bank, 38
Fountain Square, Cincinnati, Ohio to provide for assignment of the contract from Fifth
Third Processing Solutions, LLC to Vantiv, LLC and amending Section 6, Fees and
Other Services, subparagraph K to say "intentionally not used." This change will save
the City approximately $2,500 in credit card processing fees. A RESOLUTION
APPROVING AN AMENDMENT TO THE AGREEMENT WITH FIFTH THIRD
PROCESSING SOLUTIONS, LLC, AND FIFTH THIRD BANK FOR CREDIT CARD
MERCHANT SERVICES DUE TO A NAME CHANGE FROM FIFTH THIRD
PROCESSING SOLUTIONS, LLC, TO VANTIV, LLC, AND AMENDING SECTION
6 OF THE AGREEMENT TO REDUCE COST OF SERVICES TO THE CITY;
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE
AMENDMENT; AND PROVIDING AN EFFECTIVE DATE.
4
03-21-12
H.
Adopted/Resolution No. 12-70 approving an agreement with The Roberts Group, Inc.,
1022 Red Oak Drive, Avon, IN 46123, acting as a booking agent to secure, arrange and
promote touring traditional and non-traditional Broadway and Off-Broadway theatrical
events at the Peabody Auditorium in Daytona Beach. The contract is for a five-year
(5) term with one (1) five-year renewal option. The City and The Roberts Group agree
to distribute profits and losses on each show procured by The Roberts Group and
approved by the City on a 50150 basis. Profits and losses will be calculated by
deducting show expenses from show revenues. A RESOLUTION AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE
ROBERTS GROUP TO ASSIST IN BOOKING SHOWS AT THE PEABODY
AUDITORIUM FOR A FIVE-YEAR PERIOD WITH AN OPTION TO RENEW FOR
ONE ADDITIONAL FIVE-YEAR TERM; AND PROVIDING AN EFFECTIVE
DATE.
1.
Adopted/Resolution No. 12-71 approving a contract, with TW Realty, LLC, 115 E.
Granada Blvd., Suite 12, Ormond Beach, FL 32176 for management services at the
Halifax Harbor Plaza, 125 Basin Street, Daytona Beach, FL 32114, in an annual amount
of $50,700, for a three-year term, with three (3), three-year renewal options. The
management firm will provide a full range of commercial leasing and property
management services for the 39,880 square feet of leasable space. The effective date
commences upon execution of contract.
A RESOLUTION ACCEPTING THE
PROPOSAL OF TW REALTY, LLC, TO PROVIDE PROPERTY MANAGEMENT
SERVICES FOR THE HALIFAX HARBOR PLAZA BUILDING FOR A PERIOD OF
THREE YEARS WITH OPTIONS TO RENEW FOR THREE ADDITIONAL THREEYEAR TERMS AT A TOTAL ESTIMATED COST OF $50,700 ANNUALLY;
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE HALIFAX
HARBOR PLAZA PROPERTY MANAGEMENT SERVICES CONTRACT;
AUTHORIZING THE CITY MANAGER TO PAY COMMISSIONS DUE UNDER
THE CONTRACT; AND PROVIDING AN EFFECTIVE DATE.
J.
Adopted/Resolution No. 12-72 approving Change Order No. 1, in the amount of
$12,017.47, for additional dredging; and approving the Final Reconciliation Agreement
in the amount of $210,877.47, with Energy Resources, Inc., 2206 Samuel Stuart Court,
Chesterfield, MO 63005. Per the City's request the Contractor dredged an
additional 800 cubic yards around the fuel docks, which was outside the original project
boundary limits. In addition, based on the pre and post barometric survey the Contractor
also dredged an additional 163 cubic yards (CY) within the boundary limits. The
additional 163 CY is a result of utilizing an older survey for permitting and estimating
purposes.
The Final Reconciliation Agreement approves the final contract amount of $210,877.47
which constitutes full compensation for all materials furnished and all work performed,
and approves a final completion date of March 31, 2012. Resolution 11-133 previously
authorized funding in the amount $198,860, leaving a balance of $12,017.47 to close out
the Construction Contract. The Florida Inland Navigation District (FIND) will
reimburse the City $105,438.73 (50%) at the completion of the project. A
RESOLUTION APPROVING CHANGE ORDER NO. 1 TO CONTRACT WITH
5
03-21-12
ENERGY RESOURCES, INC., FOR THE HALIFAX HARBOR SOUTH ENTRANCE
IN THE INCREASED AMOUNT OF $12,017.47;
CHANNEL
DREDGING
EXTENDING THE COMPLETION DATE OF THE CONTRACT 30 DAYS;
APPROVING THE FINAL RECONCILIATION AGREEMENT WITH ENERGY
RESOURCES, INC., IN THE TOTAL AMOUNT OF $210,877.47; AND PROVIDING
AN EFFECTIVE DATE.
K.
Adopted/Resolution No. 12-73 approving the emergency purchase order (after the
fact), in the amount of $39,203, issued to Xylem Water Solutions, Inc., 14125 S Bridge
Circle, Charlotte, NC 28273, to repair a pump used at the Bethune Point Wastewater
Treatment Plant in the biological process (sludge pumping). A RESOLUTION
RATIFYING THE CITY MANAGER'S EMERGENCY EXPENDITURE OF FUNDS
IN THE AMOUNT OF $39,203 TO XYLEM WATER SOLUTIONS USA, INC., FOR
THE REPAIR OF A FLYGT PUMP AT THE BETHUNE POINT WASTEWATER
TREATMENT FACILITY; AND PROVIDING AN EFFECTIVE DATE.
It was moved by Commissioner Woods to dispense with the reading of the Resolutions
on the Consent Agenda and to adopt the Resolutions. Seconded by Commissioner
Shelley. The motion passed 7-to-0 for with the breakdown as follows:
Commissioner Henry
Commissioner Woods
Commissioner White
Mayor Ritchey
Yea
Yea
Yea
Yea
Yea
Yea
Yea
PRESENTATION
6.
A.
BEAUTIFICATION AWARDS - March 2012
Marty Grimshaw, 4 Granville Circle, Daytona Beach stated the Residential Award for
the month of March 2012 was presented to Darrell and Betty Lowe, 429 Wilson
Avenue, Daytona Beach. They have been residents of Daytona Beach all of their lives
and have resided at this address for 11 years. The house was built inl999 and has 1,488
square feet and has a storybook look. The landscaping has a relaxed tropical look to it
and the Lowes maintain the beautiful landscaping of the different trees, shrubs and
plants. Commissioner Cassandra Reynolds, Zone 6, presented the award.
Commissioner Reynolds stated the property is very beautiful and it sits right on one of
the major thorough fares at the corner of Wilson Avenue and George Engram
Boulevard. Even though the side is on George Engram Boulevard, the 360 degree view
of the property is gorgeous and very welcoming to those passing by. The Lowes had
also been the recipients of the Christmas awards when they were given out. Their
property is beautiful throughout the year and thank you for what you do for our City.
She was proud to present them with the award.
6
03-21-12
Mayor Ritchey asked Mr. Lowe who does all the work on the property.
Mr. Lowe stated he does.
Mayor Ritchey stated that's awesome and congratulations.
Mrs. Lowe stated she would like to thank The City of Daytona Beach for the award.
Ms. Grimshaw stated the Commercial Award for the month of March 2012 was
presented to Race Way Foods Corporation - Subway, 213 Mason Avenue, Daytona
Beach which is owned by Scott Bunn, Jr. and the Dune Flower Corporation and is
managed by Brenda Langley. Subway has been in the Daytona Beach area for 23 years
and has been at this address for seven years. The restaurant was originally located at the
Seabreeze Circle and when the Seabreeze Bridge was built it was relocated inside the
Shell station at 102 Ridgewood Avenue until 1994 when the new building was
constructed. She described the types of trees and shrubs on the property. There was no
grass on the property nor was there trash. Mayor Ritchey was to present the award.
Mayor Ritchey stated unfortunately there was no one in attendance to accept the award.
As a commercial property, they do take pride in their appearance and the Commission
was also very proud to see that. He asked that the board pass along the congratulations
and it was well-deserved.
PUBLIC HEARINGS
8.
8A.
Adopted/Ordinance No. 12-74 calling a Special Municipal Election, Tuesday, August
14, 2012 (Primary, if required) and November 6, 2012 (General) for the vacated seat of
the Commissioner of Zone 1 and calling a special City Commission meeting to declare
the results. Commissioner Edith Shelley has submitted a letter of resignation effective
November 14, 2012. Article IV, Section 9, City Charter states in the event a vacancy in
any such office occurs more than twelve (12) months prior to any regular election to be
held in The City of Daytona Beach, the city commission shall call a special election in
accordance with the election laws of The City of Daytona Beach, for the purpose of
filling said vacancy for a term ending in accordance with the schedule in Section 8, SubPt. A, City Charter. The candidates for such vacant office shall possess the requisite
qualifications for said office as set forth in this Charter. City Clerk Thomas read the
Ordinance on second and final reading by title only. AN ORDINANCE CALLING
FOR A SPECIAL ELECTION TO ELECT A CITY COMMISSIONER FOR ZONE 1
DUE TO A VACANCY OCCURRING ON NOVEMBER 14,2012; PROVIDING FOR
A PRIMARY MUNICIPAL ELECTION, IF NECESSARY, AND GENERAL
ELECTION FOR ZONE 1 TO BE HELD CONCURRENTLY WITH THE 2012
ELECTIONS FOR CITY COMMISSION ZONES 2, 4, AND 6; PROVIDING FOR A
QUALIFYING PERIOD FOR CANDIDATES AND ELECTION PROCEDURES,
POLLING PLACES, AND THE DATE FOR TAKING OFFICE; AND PROVIDING
AN EFFECTIVE DATE.
7
03-21-12
Mayor Ritchey stated as Mrs. Thomas described this is to replace the Zone 1
Commissioner because the current Commissioner, Edith Shelley has resigned her seat to
run for Mayor and the Special Election will take place at the designated time.
Jennifer L. Thomas, City Clerk stated there was one speaker.
John Nicholson, 413 North Grandview Avenue, Daytona Beach stated that he wanted to
thank Edith Shelley for resigning the way that she did. Her resignation saves the City
from paying for an election and he felt that it was very appropriate for the
Commissioner to be concerned about saving the City money. He asked that the
Commission consider using the savings on retaining a part time employee in Parks and
Recreation. Every time that the City can save a dollar he would like to see it used on
employees so that they would not lose their jobs.
Mayor Ritchey asked if there were questions of the Commission.
It was moved by Commissioner Gilliland to adopt the Ordinance. Seconded by
Commissioner Woods. The Ordinance was adopted 7-to-0 with the breakdown as
follows:
Commissioner Henry
Commissioner Woods
Commissioner White
Mayor Ritchey
8B.
Yea
Yea
Yea
Yea
Yea
Yea
Yea
Adopted/Ordinance No. 12-75 amending Ordinance No. 11-218, which adopted the
2011-2012 budget, in order to increase revenues by $1,329,165; and decrease
expenditures by $5,367,346 and increase transfers and capital expenditures by
$4,765,626. City Clerk Thomas read the Ordinance on second and final reading by title
only. AN ORDINANCE AMENDING ORDINANCE NO. 11-218 WHICH ADOPTED
THE 2011-2012 BUDGET TO INCREASE REVENUES BY $1,329,165 DECREASE
EXPENDITURES BY $5,367,346, AND INCREASE CAPITAL EXPENDITURES
AND TRANSFERS BY $4,765,626; AND PROVIDING WHEN THIS ORDINANCE
SHALL TAKE EFFECT.
Norma Bland, 1317 Imperial Drive, Daytona Beach spoke about the need to fund the
programs in Leisure Services. She suggested that there must be another way to make
the necessary cuts in the budget in order to keep programs for children.
Jim Cameron, Senior Vice President, Government Relations, Daytona Regional
Chamber of Commerce spoke about the difficulties in the budget. Commended staff for
the recommendations made regarding the budget. As the decisions are made he asked
that the business community is kept in mind because the City needs to maintain a
competitive tax rate for current businesses and for the ones the City wants to bring into
the community in the future.
8
03-21-12
John Nicholson, 413 North Grandview Avenue, Daytona Beach asked staff to speak in
plain english about the transfers in the budget so that everyone understands what these
transfers are; he made further comments regarding tax increases.
Marjorie Johnson, 122 South Keech Street, Daytona Beach spoke about balancing the
budget. She suggested that programs in the Leisure Services should not be cut.
Mayor Ritchey asked if there were comments or questions from the City Commission.
Commissioner Woods asked for an update on the chart that she given earlier that
morning.
James V. Chisholm, City Manager asked Sarah McCarroll to explain the chart.
Sarah McCarroll, Human Resources Director stated that the City would be cutting ten
positions. Some would be retiring and some would be bumping. Four positions would
be left and the employees would be offered seasonal positions or the choice to be laid
off and collect unemployment. None of the changes were due to take effect until June.
If there are any retirements, resignations or changes between now and June the seasonal
employees would be offered the opportunities if they qualify.
Commissioner Woods asked about the deletions on the chart.
Ms. McCarroll stated that a lot of the positions listed in red on the chart were already
vacant positions.
Commissioner Woods asked for further clarification of the list of deleted positions.
Mayor Ritchey asked if Ms. Carroll would give the Commission a head count of people
who are leaving.
Ms. McCarroll stated under the presented information people who are leaving due to
layoffs there are none. There are people taking other jobs in the City and some are
retiring. There are many variations.
Commissioner Woods asked that she explain Leisure Services.
Mr. Chisholm stated it came down to four positions in Leisure Services; the positions
will be deleted and will be funded as part time (seasonal) positions. This will require
different funding because of the benefits. The recommendation is to delete the positions
from the budget.
Mayor Ritchey asked about the Information Technology (IT) position in the Police
department.
Ms. McCarroll stated that the employee would be offered a Special Events Officer's
position in the department.
9
03-21-12
Mayor Ritchey asked if the position would be full or part time.
Ms. McCarroll stated that decision has not been made.
Mayor Ritchey asked if there were plans to separate the employee from employment.
Ms. McCarroll stated that he would be separated from his current position to another
budget.
Mayor Ritchey asked if the position would remain in the Police department.
Ms. McCarroll stated if he chooses.
Commissioner Woods asked if anyone was losing their job or being laid off.
Ms. McCarroll stated there have been a couple of people who have left their jobs already
from the Permits and Licensing budget. As of today anyone who was being laid off will
have other opportunities for employment.
Mr. Chisholm stated there are four positions in the Leisure Services department and one
position in the Police department.
Ms. McCarroll stated there is one additional Emergency Operations Center (EOC)
position.
Commissioner White asked for an overview of the budget amendment.
Gale Edington, Budget Officer stated that major part of the amendment is to fund the
fund balance that went below the 10 percent. She explained the way the calculation is
made in order to meet the 10 percent fund balance.
Mayor Ritchey asked for explanation of the reserve.
Mr. Chisholm stated that the budget amendment would bring the reserve back to the 10
percent which complies with the Fiscal Integrity Ordinance. The amendment includes
funds that are a part of the first quarter of the year receivables. Adjustments have been
made to the operating budget to reduce the expenditures based on today's best estimates
for the ending fund balance.
Mrs. Edington continued with the budget amendment presentation by explaining that
there was a problem in revenues; the budget was not overspent. The amount received in
revenues was 7.3 percent below what was estimated and the actual expenditures came in
under budget. An outline of the revenues was explained which included red light
cameras (can in under estimates), electric franchise fees, telecommunication fees, half
cents sales tax and the interest income. There was a $419,000 lawsuit brought against
Volusia County and the City was notified that the ad valorem collections would be
reduced this year by that amount. As a result of the under estimation of revenues the
10
03-21-12
City increased various fund transfers ($930,000) and reduced expenditures ($5.7
million). An explanation of the detailed spreadsheet was made which is required to be a
part of the budget amendment record.
Mr. Chisholm asked the Commission to look at the ordinance page 181 of their packet;
it shows the total estimated revenue $1,329,165 transfers and capital expenditure
$4,765,626.
Mrs. Edington stated that she was talking about the General Fund.
Mr. Chisholm stated that he was suggesting that the ordinance the Commission would
be adopting will be dealing with those amounts.
Mayor Ritchey asked if there were additional questions of Mrs. Edington.
Commissioner Woods stated that she understood from the document that she was given
regarding the programs that are supposed to be eliminated and she understood the
reasons that were given, she was concerned about the after school program; it is not
costing the City that much and she feels that it is real important to keep the programs at
the schools; it is $13,000 to keep the programs in place.
Mr. Chisholm stated that he understood; staff can make it happen.
Commissioner Woods stated that she thinks that the program is important.
Mayor Ritchey asked Percy Williamson about the requirements for making a
playground for kids and if our facilities are compliant.
Percy Williamson, Leisure Services Director, stated we are compliant and the reason we
asked to move the afterschool programs to our facilities was to not only save money, but
to be more efficient and to run the program more efficiently. Our existing community
centers meet all the requirements to house an afterschool program. We are opening two
new centers that are going to require additional staff or multitasking staff. So yes it did
save money, but we were looking at the department as a whole to run it more efficiently.
Mr. Chisholm stated when we had an issue with one of the little schools and we had a
transportation issue, we funded the transportation issue. This is equal to or greater than
what we are talking about here. We could still fund the transportation part of this and
still use Schnebly. He wants to make sure the Mayor's question is answered, as
Schnebly is equipped to handle the services.
Mr. Williamson stated that yes it does now, and it is certified under the Department of
Children and Families. Also certified are Dickerson, the new Midtown location are all
currently up to speed.
Commissioner Woods questioned the fencing for Schnebly. It's right on AlA and there
has got to be some cost on that. She questioned how we meet the rules with no fencing.
11
03-21-12
Mr. Williamson stated that there is fencing on AIA. It is a short fence, and we are
looking at putting a connector.
Commissioner Shelley stated she had a question on the cost of transportation. We will
have liability covering that transportation. In the Vision we said we were going to
partner with our schools. She asked if we pay Volusia County Schools for these
programs. She didn't even know that the City was the one doing these programs and not
the Volusia County Schools.
Mr. Williamson stated we have an Interlocal agreement with Volusia County Schools to
run our afterschool program at Turie T. Elementary and Ortona Elementary. It allows us
to use the school district's facility but we pay them an amount to do that. The schools
use that to offset materials and supplies.
Commissioner Shelley asked how much we pay.
Mr. Williamson stated it was roughly $13,000.
Commissioner Shelley stated it is interesting to her that we are providing this service
that is so needed.
Mayor Ritchey stated that they use to do it. When they were doing their budget they cut
those programs. We met with the Superintendent and reached a compromise that we
would provide the transportation if they would run the buses. They still only run them
to a certain point.
Commissioner Shelley questioned what transportation.
Mr. Chisholm stated to bring the kids from their school to the site.
Commissioner Woods stated it was a central site.
Commissioner Shelley clarified that kids from different schools go those sites.
Mr. Williamson stated we are running an afterschool program at the Child's Academy.
When the Midtown Center is open that program will go back to Midtown.
Commissioner Shelley stated that is right across the street.
Mr. Williamson stated we bring in kids from 14 different schools. They have to get
there some way. A lot of them already ride the bus to school, but a lot of them are
walkers. The school will provide to bus them and the parents pick them up at the end of
the day.
Commissioner Shelley asked they had worked out transportation with the schools if we
change the afterschool.
12
03-21-12
Mr. Chisholm stated we would need to work out an agreement with them.
Commissioner Shelley clarified that we don't have an agreement worked out yet.
Mayor Ritchey asked if they were going to have small children walking to there.
Mr. Williamson stated that first of all nothing has been done yet. If we did it; it would
be done after the school year allowing us enough time to work it out.
Commissioner Woods stated she had a problem with that. Parents make plans for
afterschool before the school year starts. She doesn't have a problem with it if we are
going to provide transportation but she was told they weren't and they were going to
have kindergarten kids walking.
Mr. Williamson stated that is not the case. The primary proposal is to transport those
kids. It is three blocks from Ortona to the Schnebly Center. We could transport them
with the vans we already have. We would never condone having kids walk.
Commissioner Shelley asked how much the City vans would cost.
Mr. Williamson stated we currently have them in operation. It would be a small amount
of money to transport them from Ortona to Schnebly and Turie T. to Dickerson.
Commissioner Woods stated it's a little further from Turie T. to Dickerson.
Mr. Williamson stated they would have to analyze if it was more cost efficient to do the
vans there as well or to do the school district.
Commissioner Woods stated she was uncomfortable with doing this without more
information.
Commissioner Shelley stated she was too.
Mayor Ritchey suggested they pull it from the amendment.
Mr. Chisholm stated they can leave the amendment and pull the project and have it
come back and address the issue. It was never our intent to tear down the afterschool
program; we are trying to build it.
Commissioner Woods stated she understands where Leisure Services is going with this
but she wants it to be safe.
Commissioner Gilliland clarified that it would have gone into effect in the fall.
would like them to look at the fencing. We have time to get this worked out.
Mr. Chisholm stated as of right now, it is pulled from the action part of the budget.
13
He
03-21-12
Commissioner Woods stated as of right now, it is going to stay the way it was.
Commissioner Shelley asked that when it does come back they want figures on
transportation and the cost of replacing the fence. There are also liability issues.
Commissioner White asked if there were other schools bused to Ortona.
Mr. Williamson stated the majority of kids at Ortona are from Ortona.
Commissioner White clarified that the parents pick the kids up from those two locations.
Mr. Williamson stated that was correct.
Mayor Ritchey asked what the afterschool hours were.
Mr. Williamson stated from 2:00 p.m. to 5:30 p.m.
Mr. Ritchey stated the school system is set up for that but that we would be taking a
community center open to everyone and making it for children only for part of the day.
He can't put a figure on that. He thinks we have a good program now.
Commissioner Woods concurred and she didn't know how that would affect other
services.
Commissioner Shelley stated she had a few more comments. When the fields were
damaged by the adult flag football that they were our programs so then the only person
we could bill was ourselves.
Mr. Williamson stated it wasn't damaged by our programs it was damaged by people
that didn't get a permit or license to be there and using the fields illegally. Since we
don't have a park ranger there all the time we were having people using it without
permission. When damage takes place in our parks we have to take care of it.
Mayor Ritchey stated he couldn't understand why Daytona Beach has struggled to fill
little league ball teams when all of our surrounding communities have it. He wonders
how we are going to fix it.
Mr. Williamson stated their current baseball program is being run by City staff. That's
our first problem. The direction we need to take and that the other cities have done is
associations. There are parent associations that are running these programs and we are
trying to engage our parents in these programs like they are in other communities.
Commissioner Shelley stated she looked at other cities and as Mr. Williamson said they
are not run by their Leisure Services Department.
Mr. Williamson stated the purpose we started out with was to give the program a start
and now we are looking for a parent group to take it over.
14
03-21-12
Mayor Ritchey thanked Mr. Williamson.
Commissioner Shelley stated she had some additional general comments to make. She
thanked staff for the great job. However, she is uncomfortable with this amendment.
We are unable to see the true savings from this amendment and she doesn't know that
there are other programs that would have been better to cut. She has to justify her vote
and it's hard to do when she can't compare things and understand why this program
should be cut or shouldn't be. She believes the information should come to them so
they can determine if the programs they are cutting are the best for the community. This
is difficult for her and she is not comfortable on this item. She hasn't totally made up
her mind about how she will vote on it. She believes there were other options that could
have been made available to them.
Commissioner Woods stated she wanted to make additional comments too. She is glad
to see everyone is being placed; she doesn't like people losing their jobs. We need to be
looking at other places for cuts at the upper levels. She would like to look at stipends
and who gets them. If we aren't willing to look at cutting at the top, we need to look at
stipends and who has them and what they are used for. We make better decisions when
we have more information.
Commissioner Reynolds stated that this budget amendment would have some reflection
on our bond rating and the bonds we are trying to refinance, however in the future to
take into consideration going through department budgets to look for other cost saving
items. She asked Mr. Chisholm to respond.
Mr. Chisholm stated this amendment is to put the budget in line with the Fiscal Integrity
Ordinance. The important part of that is our bond rating is based upon compliance with
that. The budget is a living documents as things can change throughout the year and the
performance associated with those. We have opportunities every time to we meet to
make adjustments to that. It's not the end of the road. It is part of the process we go
through. It doesn't limit us in looking at other elements and adjustments.
Commissioner Reynolds asked about the personnel cuts in this amendment.
Mr. Chisholm stated they were not deleting individuals. They are deleting positions but
they are funding the individuals in another category. Of those that are left, they will
have an opportunity to continue working.
Mayor Ritchey asked that the motion be amended to remove the component for the
afterschool programs.
Mr. Chisholm stated to remove the portion that would close the program, not the dollar
amounts.
15
03-21-12
It was moved by Commissioner Gilliland to adopt the Ordinance as amended. Seconded
by Commissioner Reynolds. The Ordinance was adopted 6-to-1 with the breakdown as
follows:
Yea
Commissioner Henry
Commissioner Reynolds Yea
Nay
Yea
Commissioner Woods
Yea
Commissioner White
Yea
Mayor Ritchey
8C.
Adopted/Ordinance No. 12-76 approving a General Obligation Bonds Series 2004
Refunding. Pursuant to Ordinance 04-67 the General Obligation Bonds Series 2004
were issued in September 2004 for the purpose of building the new police station. Due
to the favorable interest rates currently available in the financial markets the City's
financial advisor, Public Financial Management (PFM), has recommended the advanced
refunding of these bonds. Based on the amount currently outstanding of $19,315,000
and current market interest rates, PFM estimates the City will save approximately
$45,000 in annual debt service cost and $560,000 over the life of the bonds. The bonds
are secured by a pledge of the full faith, credit and unlimited ad valorem taxing power of
The City of Daytona Beach. City Clerk Thomas read the Ordinance on second and final
reading by title only. AN ORDINANCE AUTHORIZING THE REFUNDING OF THE
OUTSTANDING GENERAL OBLIGATION BONDS, SERIES 2004, OF THE CITY
OF DAYTONA BEACH; PROVIDING FOR THE PAYMENT OF SUCH BONDS
FROM AD VALOREM TAXES OF THE CITY LEVIED WITHOUT LIMITATION
AS TO RATE OR AMOUNT ON ALL TAXABLE PROPERTY IN THE CITY; AND
PROVIDING AN EFFECTIVE DATE.
John Nicholson, 413 North Grandview Avenue, Daytona Beach stated the
Commissioner ought to save a salary position because they will save $45,000 which is
the low end of the salary position but he thought they solved that; he asked them to do
the other and hire an employee specialist. There are people out there that will come in
and look at our employee rosters to see if we are functioning as a solid foundation.
Without any influence from the City, they would come in and look at the positions and
find out what would actually be needed. It takes the owness off the City Manager
because he really does not want to let anybody go and there are certain sensitive
positions in the City. He suggested a survey be done although several years ago when
one was done we compared ourselves to other cities that were not like us; we are not a
wealthy community. He asked the Commission to look at all of the City fees every five
years.
Ruth Trager, 610 Bostwick Avenue, Daytona Beach asked what the interest rate was
that they were paying on the bonds now and what would the new interest rate be. She
saw it would take them $19,315,000 to redeem them and asked how much would they
borrow next. She also asked how much the underwriters would be paid. The questions
were asked on behalf of saving the taxpayers money.
16
03-21-12
Mayor Ritchey stated we would save about $45,000 in annual debt and that he would get
Mrs. Trager the answers to every question she asked.
It was moved by Commissioner Gilliland to adopt the Ordinance. Seconded by
Commissioner White. The Ordinance was adopted 7-to-0 with the breakdown as
follows:
Commissioner Henry
Commissioner Woods
Commissioner White
Mayor Ritchey
8D.
Yea
Yea
Yea
Yea
Yea
Yea
Yea
Adopted/Ordinance No. 12-77 rezoning 77.57± acres of land located on the east side of
South Clyde Morris Boulevard, north of Beville Road and south of Bellevue Avenue,
amending the existing Planned Master Development (PMD) to modify the tree
preservation and mitigation requirements. Applicant: Christopher Challis, Esq., Cobb
Cole, on behalf of Eric Weeks, Senior Executive Vice President, Embry-Riddle
Aeronautical University. City Clerk Thomas read the Ordinance on second and final
reading by title only. AN ORDINANCE AMENDING THE PLANNED MASTER
DEVELOPMENT AGREEMENT WITH EMBRY-RIDDLE AERONAUTICAL
UNIVERSITY, INC., TO ADDRESS LANDSCAPING ISSUES; AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE THE FIRST AMENDMENT TO
THE PLANNED MASTER DEVELOPMENT AGREEMENT; REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND
PROVIDING WHEN THIS ORDINANCE SHALL TAKE EFFECT.
John Nicholson, 413 North Grandview Avenue, Daytona Beach stated his suggestions
for the land modifications relating to the ponds to preserve more trees. He expressed his
concerns about keeping more trees in the City and not cutting them down for the various
projects as done in the past.
James Stowers, Cobb Cole, 150 Magnolia Avenue, Daytona Beach stated he put the
Planning Board item on by accident and apologized. He represented Embry-Riddle
Aeronautical University along with Chris Hardesty from the University as well as Paul
Momberger with Zev Cohen and Associates, the engineering firm working on this
project. They were there to answer any questions and to give a little background on the
issue. The Planned Master Development (PMD), originally improved back in 2008, had
a tree survey associated with it and the original intent was to relocate trees on site that
were specimen or historic trees. As the engineers looked into it with more detail, it was
not financially feasible to do that. They put together alternatives for tree mitigation; one
was a payment into the tree fund, second was the replanting of trees on site for
mitigation and the third option was an off-site option of a requirement for a conservation
easement on any of the lands off site that are used for mitigation. The change was made
and was included in the Commission's packet and will be included in the PMD
document. None of the tree impacts will be related to this amendment or within any of
17
03-21-12
the surrounding buffer areas or around the periphery of the project. The item adds
flexibility to the PMD so that it would be one step closer to shovel ready when a
potential user comes in to look at developing the property. This will allow for them to
come in and they will not have this six, seven, eight month process once they have a
user because we saw the tree impact issue out there. He asked if there any questions.
It was moved by Commissioner Shelley to adopt the Ordinance. Seconded by
Commissioner Woods. The Ordinance was adopted 7-to-0 with the breakdown as
follows:
Commissioner Henry
Commissioner Woods
Commissioner White
Mayor Ritchey
8E.
Yea
Yea
Yea
Yea
Yea
Yea
Yea
Adopted/Ordinance No. 12-78 rezoning 12.48± acres of land located on the west side of
North Williamson Boulevard, north of Dunn Avenue and south of Mason Avenue, from
R-2a Multifamily to Planned Commercial Development (PCD); to allow for the
development of a 52,500 square foot building and associated improvements; and to
allow for an industrial manufacturing use on the site. Applicant: Joseph Hopkins, P.E.,
The Performance Group, Inc., on behalf of Laverne B. Fisher, Teledyne - ODI Inc. City
Clerk Thomas read the Ordinance on second and final reading by title only. AN
ORDINANCE AMENDING THE ZONING MAP OF THE LAND DEVELOPMENT
CODE TO REZONE 12.48± ACRES OF PROPERTY LOCATED ON THE WEST
SIDE OF NORTH WILLIAMSON BOULEVARD, NORTH OF DUNN AVENUE,
AND SOUTH OF MASON AVENUE FROM R-2A (MULTIFAMILY
RESIDENTIAL) TO PCD (PLANNED COMMERCIAL DEVELOPMENT)
DISTRICT; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE
PLANNED COMMERCIAL DEVELOPMENT AGREEMENT WITH TELEDYNE
ODI, INC., PERMITTING DEVELOPMENT OF A 52,500 SQUARE FOOT
BUILDING AND ASSOCIATED IMPROVEMENTS ON THE PROPERTY;
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; AND PROVIDING AN EFFECTIVE DATE.
Joe Hopkins, Performance Group, 100 Marina Point Drive, Daytona Beach stated that
this is an outstanding project and they are tickled to accommodate Teledyne in their
expansion of the campus. This is a great deal and he was available for questions. The
Chief Financial Officer, Mark Greenlaw was in the audience if there were particular
questions.
Jim Cameron, Senior Vice President, Government Relations, Daytona Regional
Chamber of Commerce stated that his organization wanted to go on record in support of
the project.
18
03-21-12
James V. Chisholm, City Manager stated that he wanted to thank Mr. Greenlaw for his
participation in the upcoming job fair. The company has great jobs and if anyone is
looking for an opportunity please make plans to attend on March 29, 2012, Volusia
Mall, 10 a.m. -1:00 p.m.
Mayor Ritchey asked if there were questions of the Commission.
It was moved by Commissioner Shelley to adopt the Ordinance. Seconded by
Commissioner Gilliland. The Ordinance was adopted 7-to-0 with the breakdown as
follows:
Commissioner Henry
Commissioner Woods
Commissioner White
Mayor Ritchey
8F.
Yea
Yea
Yea
Yea
Yea
Yea
Yea
Adopted/Resolution No. 12-79 to approve a public use permit for Tuscawilla Park,
located at 1000 Orange Avenue. This administrative request will allow for uses
associated with an aerial adventure park, including wall climbing, cycling training trails,
a harness building, sale of non-alcoholic beverages and snacks, retail sales such as logo
hats, scarves, sun screen and shirts, and pole or ground signs on Nova Road, West
International Speedway Boulevard and Orange Avenue. Applicant: Development and
Administrative Services Department, Leisure Services Department. City Clerk Thomas
read the Resolution by title only. A RESOLUTION AUTHORIZING A PUBLIC USE
PERMIT TO ALLOW AN AERIAL ADVENTURE PARK TO BE LOCATED IN
TUSCAWILLA PARK LOCATED AT 1000 ORANGE AVENUE, INCLUDING
SIGNAGE; AND PROVIDING AN EFFECTIVE DATE.
Mayor Ritchey asked the City Clerk if there was anyone to speak on this item.
Jennifer L. Thomas, City Clerk responded yes sir, the first speaker was Jamie Ruane and
on deck is Norbert Kutyn.
Jamie Ruane, 1120 Magnolia Avenue, Daytona Beach stated he was present to represent
Daytona Disc Golf, they have been active in the park for almost 20 years. They would
support, work with and even make some minor changes regarding certain locations to
see that this project happens. They didn't have any reasons to stand in the way and there
are many positive benefits to this adventure.
Norbert Kutyn, 771 Osprey Drive, Port Orange, Florida stated 20 years ago he met with
Big John who loved the idea of disc golf in the area. They played in different locations
in Daytona Beach such as Embry Riddle and Ormond Beach. They ended up settling in
Tuscawilla Park which was a mess filled with transients, a homosexual playground as
well as a lot of other problems and if it had not been for disc golf the park would not
look like it does today. He was under the understanding the contracts for this project
were already written and that was a problem for him.
19
03-21-12
Mayor Ritchey assured Mr. Kutyn that contract meant nothing until it was brought
before the City Commission. If he was insinuating the Commission had already
approved something in advance, he took offense with that.
Mr. Kutyn apologized to Mayor Ritchey for the comment. Transients are still a problem
in the park, homeless people still live in the park also; at night there is vandalism with
kids in the park. When he first went to the park there were drugs needles and condoms
found on the ground. In closing he stated if the City has money to do all these
improvements to the park he saw that as a problem.
Mayor Ritchey stated he appreciated his comments, but just to make sure he understood
the City would have no financial investments in this at all. As far as what the design
would look like, he could not speak to that because he didn't know ultimately what it
would look like, but the proposal is as such that The City of Daytona Beach would have
no monetary investment at all in this project.
Mr. Kutyn stated he was grateful for all the things that had happened over the last 20
years and they would have to work with whatever the outcome is, he just wanted to
make the Commission aware there is still a problem in the park.
John Nicholson, 413 North Grandview Avenue, Daytona Beach stated he had talked to
the Commission several years ago about making the parks pay for themselves and this
will make the parks pay for themselves and the City would make money on top of them
putting in the entire infrastructure. There was some question concerning fencing off the
park, he didn't know how true that was but he would rather they didn't fence off the
park. Certainly he would hope that the disc golf would not be affected by this, but
Tuscawilla Park is naturally a nature preserve. He suggested keeping the nature
preserve in the park and in the future don't use bulldozers to chop down not one tree.
Terry Hild, 2121 Indian Palm Drive, Edgewater, Florida stated his only concern was
with the City letting use, leasing or giving away public property for a for-profit entity.
He realized money comes through areas such as this for public areas, but there just isn't
enough of the park property to go around and he didn't like seeing it being given away
like this. There are some memorials and if he wasn't mistaken some memorial plaques
in that park, he did not like seeing the commercial vendors next to the memorials in the
park as well as the City limiting public access to public parks. What he was afraid of
was even with an eco-friendly company coming into the park, his only concern was they
are going to kick out a lot of the public uses of the park.
Chris Muenzer, 315 Frances Terrace, Daytona Beach stated he felt the Commission
should reconsider this issue because after all this is a public park and giving it away to
someone kind of goes against it being used as a public park. Also, he felt the trees
needed to be left the way they are. If this company wants to give back to the community
why not have them take over a vacant lot and do something there such as bringing some
trees and planting them in the vacant lot. Let's rebuild our community and stop making
the citizens share with corporations.
20
03-21-12
Cathy Washington, 937 Lockhart Street, Daytona Beach stated she was against this and
taking into consideration what the Midtown Board has been vigorously working on the
past couple of years. To move something such as this into that park with the plan they
are trying to put into place is away from what is trying to be done in Zone 6 and
Midtown area. Something of this nature will limit the public use of this park and she
was dead set against it.
Mayor Ritchey asked the Commission to give their comments or ask their questions at
this time.
Commissioner Woods stated she would like Percy Williamson to come up and address
some of the comments that had just been made in accordance with the agreement in the
backup in the agenda packets.
Percy Williamson, Leisure Services Director stated if the Commission would take a look
at the contract before them, the business plan in the backup and the memo to the City
Manager says in no way that we are proposing anything that's going to limit anything.
This is an area tree top company for an area tree top proposal and the way it operates is
it will be at least a minimum of 30 feet above the ground and it will affect nothing on
the ground. Access to this will be given by rope ladders to get to the first phase of the
area's tree tops. At the end of the day when they are getting ready to close it down; that
rope ladder will be rolled up and housed high above the ground. There will be no access
from the ground, there will be nothing available for vandalism, they are not changing
anything, there will be no trees taken out and parking will still be within the existing
confines of the park. When we looked at this proposal as staff we had a number of
boxes we had to check.
1. Was it going to intrude into the neighborhoods, and we checked no.
2. Was it going to create enough activity to push out those negative elements you heard
are already there and has proven not only at that park; but the more activities you
have the negative activities that were there are going to leave and go some place
else. If you want to get rid of the negative activities that are going on there, bring
activities that are wholesome family activities to the parks.
3.
This company is eco-friendly, they are not going to take out any trees and it will not
affect the existing operations of the park. They brought in a specialist to look at the
trees they were looking at to ensure they were healthy and could withstand what they
were going to do. This company is already operating in other places and we have
gone to them to see what it is they had done in their areas and in no-way does this
impede anything that's going on at this point. This company will create and bring
jobs to this community, also it will create a destination point to push tourism and the
City itself has no monetary investment in it and will be realizing a minimum of 10
percent of the gross income.
Commissioner Woods asked if the concerns the citizens stated about the people that are
using it for the disc golf, is it not going to affect their ability to use the park.
21
03-21-12
Mr. Williamson stated he was happy to say that the owners of the company who were in
the audience on tonight, on their own time met with the disc golfers on last Wednesday
for nearly three hours. They got to walk the course, they got pointers on how disc golf
operates and they saw where the baskets were located. There has been no design yet, so
the owner of the company will design his tree top facility where it's not going to be
affecting what the golfers are currently doing. All of this is above the ground and has
nothing whatsoever to do with what's below. The owner still came out for three hours
of his own time and met with this group on last week, that is why you heard Jamie come
up and say he was willing to work with him because they have shown already in the
investment they want to make, the community meetings they have attended they are
interested in being a community friendly corporation.
Commissioner Shelley stated it seemed to her they were talking about the agreement,
and she wanted to make sure the discussion stayed on the Public Use Permit. She had a
lot of comments but she wanted to make sure that her comments for 8F remain under 8F
and not 9A.
Marie Hartman, City Attorney stated you are looking at the Public Use Permit, and the
next item on the agenda is 9A, which is the contract with this entity. If you are
interested in having an area park there at Tuscawilla Park, that's the subject of the
Public Use Permit; if you're not interested in having one there you would vote it down
and there would be no need to discuss any contract terms which is the next agenda item
(9A). If you want to have one there, this item will approve that, then you can get into
the details of this particular proposal in the review of the contract.
Commissioner Shelley stated it is kind of difficult trying to discuss them separately, she
felt it was important for the Commission to do that.
Mayor Ritchey asked what the anticipated usage per day was.
Mr. Williamson stated right now staff has anticipated a very conservative 25 to 30
individuals and projecting somewhere in the neighborhood of 20 to 23,000 the first year
to be spread out over 365 days. This indicated it was not a very heavy usage, so they
were very conservative in the numbers they utilized, but they were hoping the usage is
higher than what is being anticipated. This is not intrusive and staff will continue to rent
pavilions and disc golf will continue to be played and all the things that are taking place
now will be continued in the future.
Mayor Ritchey asked what the hours of operation are.
Mr. Williamson stated it will be limited to daylight hours which will be worked out with
the owners.
Commissioner Shelley stated it seemed like a lot of things were being discussed and she
would go ahead and ask her questions. Since this is a private business that the City was
actually going into a joint venture with, are there going to be any taxes associated since
they are a private business, was she correct in assuming there would be no property
taxes for them.
22
03-21-12
Mr. Williamson stated he didn't think there would be so he deferred the question to the
City Attorney.
Ms. Hartman stated just for the purpose of the license agreement she did not believe
there would be property taxes on it.
Commissioner Shelley stated she was also wondering about the neighborhood meeting.
She knew there was one held and didn't see any documentation about that meeting in
the packet and it would have been nice for the Commissioners to have that information
in their packets. This park was obtained because of the Halifax Garden Club, and she
asked had there been any contact from the Garden Club. She believed there were some
issues in using that park for perpetuity and she had great concerns about that because
that was how that park came to be. She was totally against the request for the signage
even though they said there will be no damage to the trees. She asked if there was a pro
forma, which he responded he certainly did. She would have liked the company to have
done the pro forma since it is a private business. Not saying that Percy didn't do a great
job, because he did; she would have much preferred the company to have completed the
pro forma and let it be before the Commission due to the fact they are a private business.
Looking at this issue the City was not even getting their fees covered, and to put it
simply she was just not real happy with the whole thing. The City needs to look into
what the actual purpose of that land was since it was given to the City by the Garden
Club.
Commissioner Woods asked if the Commission moved forward with next item, she felt
there should be hours set because she did not feel it should be opened at night, she was
not okay with sundown until sunset either. If it moved forward she preferred to see 8:00
a.m. until 7:00 p.m. If it works and everybody is happy, then something can be done at
that time but for now she believed the hours needed to be set by the City.
Mayor Ritchey asked Ms. Hartman if the Commission had the ability to charge fees in
lieu of taxes.
Ms. Hartman stated this was City property so when the City negotiates a contract they
can negotiate whatever terms we want.
Commissioner White stated initially this is something she was very excited about even
though she knew there were more details to be worked out. She spends a lot of time in
that park on Sundays and there are a lot of disc golfers and other things going on as well
that the City is trying to work against. This is something that's trying to bring a positive
family friendly very low impact atmosphere to the park. With the fee conversation
discussed on the other day, we realize just how much it costs the City on a daily basis to
run these parks, so if there is a need to look at what they are paying the City maybe the
City needs to renegotiate them but anything the City can get to offset some of those
expenses is worth looking into. If there were some objections that had to be overcome
by discussing them, she would love to figure out how to do that, because the idea of
bringing this into our City with a company that has a good reputation with other projects
they have done in other cities would be worth a having a good discussion.
23
03-21-12
Commissioner Gilliland stated he was in favor of this as well. It's a very unique thing
that you can do in Daytona that you are not going to see done in many places. He did
not have a problem with sunrise to sunset, and he used for an example, tonight sunset is
at 7:37 p.m. which meant they could not remain opened for business after 7:37 p.m. if
they were in there today. There is a designated time for sunrise which differs from
sunset which it changes throughout the year as days gets longer and shorter. He did not
want to see anything in there at night at least initially until the City kind of gets our feet
wet, so to speak. If later they decide they want to do something different he would
recommend they come back before the Commission. He had been in that park playing
Frisbee golf with his kids, which was kind of uncomfortable at times, but he also felt
getting some energy and livelihood into that park would be a great thing. This would
achieve many of the goals that are in our Vision Plan, many of the goals that people
have for strategic planning which is getting a highest and best use out of one of our
public assets, he would be supporting both items on tonight.
Commissioner Reynolds stated Tuscawilla Park is in her zone and she often utilizes it.
She had heard all of the positive things this would bring to the City and the area.
However; she felt that a different area would be more appropriate. Yes, the park is at
the busiest intersection in Volusia County and because of that the residents around there
take solace in being able to move into a peaceful, serene setting right there. There are
other areas within the City she felt would be more appropriate for example, Cypress
Street Park or even Manatee Park. The City has activities downtown but look at some
of the incidents and characters of the area that you have there. She was not sold on the
fact that this will eliminate some of the activities the City wanted to eliminate. She
suggested bringing vendors into the parks to sell water, sodas etc. to help eliminate some
of the activities we don't want going on in any of our public parks. She believes in
change and of course this area must change however; she wanted to look into the
agreement given to the City by the Garden Club, because we definitely did not want to
go against that agreement. Tuscawilla Park is convenient, serene and tranquil and
should be enjoyed by everyone just the way it is. She did attend the community meeting
and the residents did ask a lot of good questions. She knows the residents in that
community and what she got out of the meeting was most of them were not in favor of
this change and as a nearby resident she was not in favor of it as well. She liked the
company's product, but she thinks there is another area within The City of Daytona
Beach she felt they would be more conducive to. She recommended giving them the
opportunity to see other places or areas in the community to have more options or
choices. She knew they liked that busy intersection but the residents in the community
like it as well.
Mr. Williamson stated in actuality the business owner approached the City, he found the
location and did his own research and found the place he felt would be perfect for the
type of business he wanted to invest in. He then came to the City and stated this was the
location he was interested in investing his money.
Commissioner Reynolds thanked Mr. Williamson for the information as she stated she
still felt some other area would be more appropriate for this business.
24
03-21-12
Mayor Ritchey stated that he read somewhere the installation of the equipment was in
the ballpark of $1 million or something close to that figure.
Mr. Williamson stated yes sir.
Mayor Ritchey stated that another design was still to be determined, but if they were to
shorten the length of the contract would that be so restrictive to the company that it
would cause them not to want to bring their business to Daytona Beach.
Mr. Williamson stated that was a very good question. That would be something the
owner would have to answer because he did not know what his calculations on his
investment would be; he is clearly looking at that and he would have to have some time
to realize a return on investment. He hasn't shared that with him as far as at this
particular point he is going to be at a point where he will actually be making a return.
That is something however we can find out from him the length of time the City would
be looking at.
Mayor Ritchey stated this is probably not a fair question but they say the proof of the
pudding is in the tasting and sometimes if you don't get locked into a long term deal or
something that isn't quite so palatable it might be easier. On the other hand he liked the
thought of something interesting coming to the community as well as being another
option and area for our visitors as well as our local residents to explore as well. He
asked Ms. Hartman if she had any thoughts or comments on how the City came by the
park to begin with or if there were any prohibitive covenants that would prohibit the
City from entering a contract.
Ms. Hartman stated yes that research was done prior to and nothing turned up. If the
Commission had anything stating otherwise please provide it to staff because her office
found nothing when going through the records prohibiting or restricting any usage for
this particular area of the park.
Mr. Williamson stated that was correct, staff did review it and found no restrictions.
Commissioner White stated she wanted to say one more thing and that was the Museum
of Arts and Sciences is also out there and to her it has always been a struggle to get
people to come out to the museum because it's so far from our tourist district. She felt
something such as this would be such a compliment and the big picture here is it could
do a lot for our community and not only for the people that live here but the people that
visit here as well. Because this is so close to the museum you would get the same type
of family environment saying, let's go visit this cool park in the morning and afterwards
during the evening let's go visit the museum which is in the same area.
Commissioner Shelley commented that was great and she agreed with that. Her issue
was not with the usage itself, or the cluster; her issue was this is a public park on public
land. If they had to go out and buy this piece of property as a business person she would
want a lot more information before she would enter into an agreement with them if they
wanted to lease my land or whatever. On the other hand this is public land and that is
25
03-21-12
the concern she had with this issue. She was also very excited when it was brought to
her. She thinks it is a great thing that would bring lots of fun to our park, so she did
approach it from a positive point of view. Everything else she agreed with; that being
public land was the only issue she had with this issue.
Commissioner Woods asked for clarification, all the Commission was voting on right
now is the permit and any issue they had with the contract if the Public Use Permit
passes they can get into then.
Mayor Ritchey stated that is correct. He asked Mr. Williamson to give him an idea of
the usage of the park right now by the residents in this community.
Mr. Williamson stated the disc golf players are probably the biggest users of the park.
The City does rent the park but it is very sparse as to picnics, outings and the likes. It's
not being used very much at all right now. The Neighborhood Association always has
their annual cookout or picnic there once a year, but outside of that rentals are not very
large in Tuscawilla Park right now.
Mayor Ritchey asked for a roll call vote.
It was moved by Commissioner Gilliland to adopt the Resolution. Seconded by
Commissioner Woods. Mayor Ritchey called for a roll call vote. The Resolution was
adopted 7-to-0 with the breakdown as follows:
Commissioner Henry
Commissioner Woods
Commissioner White
Mayor Ritchey
Nay
Nay
Nay
Yea
Yea
Yea
Yea
ADMINISTRATIVE ITEMS
9.
9A.
Continued until the April 4, 2012 Regular City Commission Meeting/Resolution
authorizing an agreement with Zoom Air Daytona, LLC, to design, build and operate an
aerial treetop adventure theme park in Tuscawilla Park. Zoom Air is a Canadian
company that designs, builds and operates aerial treetop recreational activity theme
parks including a zip-line and other outdoor tree related activities. City Clerk Thomas
read the Resolution by title only. A RESOLUTION APPROVING AN AGREEMENT
WITH ZOOM AIR DAYTONA, LLC, FOR THE CONSTRUCTION AND
OPERATION OF AN AERIAL ADVENTURE THEME PARK IN TUSCAWILLA
PARK LOCATED AT 1000 ORANGE AVENUE, FOR A PERIOD OF TEN YEARS
WITH OPTIONS TO RENEW FOR ADDITIONAL FIVE-YEAR PERIODS;
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE
AGREEMENT WITH ZOOM AIR DAYTONA, LLC; AND PROVIDING AN
EFFECTIVE DATE.
26
03-21-12
Mayor Ritchey stated this is contractual information that we are talking about and we
really don't have all of the information. If we pass this and have a public use permit, we
should see the design.
Percy Williamson, Leisure Services Director stated that is a very good point and one of
the things we try to do is, and with the information provided to us by the owner, the
owner took the initiative to come out and hire an arborist to locate a suitable location to
place this particular event. He has the flexibility now to design his aerial games on the
cluster of trees that are the healthiest. That is why we did not have him do a design
because at the time we had not met with the disc golfers or the representatives. We
wanted to give him the flexibility to be able to design something if in fact some
movements need to be made. We are just approving an area that has the suitable trees
for him to do his business and he will work with the stakeholders to make it the least
possible intrusive as we can. This is set up in two phases; the first section is in the
northeastern part of the park and the second phase is more south if you look at the
diagram. He thought one of the things that would happen was if the owners of the
business get into it and see that they are not making a sufficient return on their
investment, there will be no phase two and it would be a basic business decision to
make. The numbers were very conservative instead of having large amounts and have
the City be disappointed if it didn't materialize. All of the evidence we have seen from
what they are doing in Sanford, which is public record, is tremendous. They did short of
seven figures last year and if you take the agreement that we have, it would be a
significant amount of money if what happens in Sanford is mapped over to Daytona
Beach.
Mayor Ritchey stated he had heard of the initiative of the owner and appreciated it
however the Commission can take an initiative and say we approve of the Public Use
Permit for such an operation, now show us exactly what it looks like and then we would
vote on it.
James V. Chisholm, City Manager stated there was nothing wrong with us having the
Commission negotiate the contract and bring back a design for the park. The push is
that summer is upon us and they want to get moving to get something up for the summer
season because it would probably be their biggest market. If you would like for us to
bring something back for the next meeting, if anything, a conceptual of where the
placement of all of the various things they are asking for and then ...
Mayor Ritchey stated it was more than the design, it's the contract.
Mr. Chisholm stated yes the terms themselves.
Mayor Ritchey stated he would not support voting on the item; it would flip 4-3 the
other way if he was asked to approve it without seeing it.
Mr. Chisholm stated then you should direct staff to come back and negotiate a contract
and bring it back to the Commission.
27
03-21-12
Commissioner Woods stated you mentioned the ten years. She was concerned about it
and the hours. Sunset is nine something in the summertime and there is a neighborhood
right there. She thought there should be set hours and would not vote in favor of the
item the way it is written.
Mayor Ritchey stated the devil is in the details and we have not seen them. He does
look at it with a favorable eye but the community deserves to know the exact terms of
the contract and what the design looks like. We have taken a big step in approving the
first part of it. We now need to follow through and make sure we get all of the details of
not only the design but the contract itself.
Commissioner Gilliland stated he wanted to withdraw his second to the motion.
Commissioner Woods withdrew her motion.
Commissioner Gilliland stated he wanted to withdraw his second and make a motion to
4th
meeting.
continue the item until the April
Commissioner Woods stated second.
Mayor Ritchey asked if one of the owners was present.
Mr. Williamson stated yes.
Mayor Ritchey stated is that enough time to do the design. He asked the owner to step
forward.
Mr. Williamson stated Mr. Olivier and Ms. Batten, his administrator are here tonight.
Tina Batten, 2031 Little Farms Court, Deltona, Florida and Olivier Petit, 1680 Barton
Street, Longwood, Florida introduced themselves to the Commission.
Mayor Ritchey stated April 4th is the first meeting in April and today is March 21St is
that enough time to do your design; they could make it the second meeting April.
Mr. Petit stated timing is a problem because his partner who designs and builds the
equipment is located in Tallahassee, Florida building a course there. The design should
take two to three weeks and possibly a little longer depending on the arborists. They
will need to walk the course to imagine the design and then mark some of the trees with
a ribbon. The arborists will make the decision about the trees that are selected.
Ms. Batten stated we cannot give you a final design in advance because sometimes
changes have to be made during the construction when they run into a tree or
engineering issue.
28
03-21-12
Mayor Ritchey asked again if the first meeting in April was sufficient time to do a
conceptual design and to work through the terms of the contract or would they prefer it
to be the second meeting in April.
Mr. Petit stated the first meeting in April. We will try to work as fast as we can on it.
Mayor Ritchey stated thank you and I understand. This is only the middle of March and
school won't be out until May so you have some time.
Mr. Petit stated they need a minimum of eight weeks to build the course like they want
to in the park. It would be great to have the opening between June 15'b and July 1St
Mayor Ritchey stated it was a pleasure meeting you. We have the correct motion to
continue the item to the first meeting in April.
It was moved by Commissioner Gilliland to continue the item until the April 4, 2012
The
Seconded by Commissioner Woods.
Regular City Commission Meeting.
Resolution was adopted 6-to-1 with the breakdown as follows:
Yea
Commissioner Henry
Commissioner Reynolds Nay
Yea
Yea
Commissioner Woods
Yea
Commissioner White
Yea
Mayor Ritchey
9B.
Pulled/Ordinance amending Ordinance No. 10-322 modifying the pension benefits for
Police & Fire members: Section 4, Finances and Fund Management; and Section 7, PreRetirement Death. City Clerk Thomas read the Ordinance on first reading by title only.
AN ORDINANCE OF THE CITY OF DAYTONA BEACH AMENDING THE CITY
OF DAYTONA BEACH POLICE OFFICERS' AND FIREFIGHTERS' RETIREMENT
SYSTEM, SUBPART D OF THE CITY CHARTER; AMENDING SECTION 4,
FINANCES
AND
FUND
MANAGEMENT;
AMENDING SECTION
RETIREMENT DEATH; REPEALING ALL ORDINANCES
HEREWITH AND PROVIDING AN EFFECTIVE DATE.
9C.
IN
7,
PRE-
CONFLICT
Adopted/Resolution No. 12-80 approving the required legal documents for the
refinancing of the General Obligation Bonds Series 2004. At the March 7, 2012
meeting the City Commission authorized the refinancing of the General Obligation
Bonds Series 2004. Due to favorable interest rates it is estimated the City will save
approximately $560,000 over the life of the bonds. Currently, the City's Financial
Advisor (PFM) and Bond Counsel (Bryant Miller Olive P.A.) are preparing required
documents for the sale of the bonds. The Bond Resolution to be approved by the City
Commission authorizes (1) the current financial plan for the refunding which estimates
the present value of the total debt service savings at a minimum of 3% of the principal
amount of the refunded bonds, (2) the issuance of the new bonds in an amount not to
exceed $20 million, and (3) the award of the sale of the bonds to underwriters by
29
03-21-12
competitive sale. Documents included are the Preliminary Official Statement, Official
Notice of Sale, Form of Escrow Agreement, Continuing Disclosure Certificate, and the
Form of Paying Agent and Registrar Agreement. The closing is estimated to occur in
mid-April. City Clerk Thomas read the Resolution by title only. A RESOLUTION OF
THE CITY COMMISSION OF THE CITY OF DAYTONA BEACH, FLORIDA,
SUPPLEMENTING AN ORDINANCE ENACTED THIS DAY WHICH
AUTHORIZED THE REFUNDING OF THE CITY'S OUTSTANDING GENERAL
OBLIGATION BONDS, SERIES 2004; AUTHORIZING THE ISSUANCE BY THE
CITY OF NOT EXCEEDING $20,000,000 PRINCIPAL AMOUNT OF GENERAL
OBLIGATION REFUNDING BONDS, SERIES 2012; PROVIDING FOR THE
PAYMENT OF SAID BONDS FROM AD VALOREM TAXATION WITHOUT
LIMIT ON ALL TAXABLE PROPERTY IN THE CITY; MAKING CERTAIN
THEREWITH;
CONNECTION
IN
AGREEMENTS
AND
COVENANTS
AUTHORIZING A COMPETITIVE BID AND APPROVING THE FORM OF THE
OFFICIAL NOTICE OF SALE AND SUMMARY NOTICE OF SALE PERTAINING
TO SUCH BONDS; MAKING CERTAIN PROVISIONS AND DELEGATING
CERTAIN RESPONSIBILITIES WITH RESPECT TO THE NOTICE, BIDDING
AND SALE OF THE BONDS; APPROVING THE FORMS OF THE PRELIMINARY
OFFICIAL STATEMENT AND CONTINUING DISCLOSURE CERTIFICATE;
AUTHORIZING THE EXECUTION AND DELIVERY OF A FINAL OFFICIAL
STATEMENT AND CONTINUING DISCLOSURE CERTIFICATE; APPOINTING A
PAYING AGENT, REGISTRAR AND ESCROW AGENT; APPROVING THE FORM
OF A PAYING AGENT AND REGISTRAR AGREEMENT AND AN ESCROW
DEPOSIT AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.
Ruth Trager, 610 Bostwick Avenue, Daytona Beach stated we are refunding
$19,315,000 and here it states new bonds are not to exceed $20,000,000. She asked why
they were not refinancing the exact amount and if they do refinance the $20,000,000, it
leaves a $685,000 difference; why are they borrowing more than they are picking up.
James V. Chisholm, City Manager stated there are certain costs associated with the issue
and those costs would be embodied with those numbers. He did not have a breakout
that he could find but would be happy to get the information for Mrs. Trager and the
Commission.
Commissioner Gilliland stated even with the additional amount the reduction of the rate
will result in net savings.
Mr. Chisholm stated there will be a net savings of about $560,000. It reduced the
estimated reduction in the end of debt services by $45,000. It is interest rate driven and
this is a competitive issue where they will get competitive proposals so you would not
exactly know what the rate was now. Bonds have rates from three percent to almost five
percent; this issue will be significantly less than that. He could not say what the rate
will be but that there will be a bid out to get the interest rate.
Mrs. Trager asked if this was an estimate and not a ...
Mr. Chisholm stated their estimate was based on the current conditions in the market.
30
03-21-12
It was moved by Commissioner Shelley to adopt the Resolution. Seconded by
Commissioner Gilliland. The Resolution was adopted 7-to-0 with the breakdown as
follows:
Commissioner Henry
Commissioner Woods
Commissioner White
Mayor Ritchey
10.
Yea
Yea
Yea
Yea
Yea
Yea
Yea
CITIZENS
Frank Heckman, Chairman/Founder, Beachside Neighborhood Watch, 46 South
Oleander, Daytona Beach reported on the events of Bike week 2012. The report of 20
volunteers concluded that the event was very acceptable. All the observations from
affected parties gave the event pretty good marks. They are looking forward to
Biketoberfest and are in hopes that the event will be well attended.
Jean Bredbenner, Municipal Services Manager, Republic Services, 3143 West
International Speedway Boulevard, Daytona Beach stated after an inquiry she
understood that the City's current waste services provider has been in negotiation with
the City for over six months. The contract is valuable; it is worth over $10 million a
year and she wanted to urge the City not delay going out for bid on the contract. The
current contractor has had plenty of time for the negotiable review and she was
concerned that the contract expires in six months.
Scott Chesley, CKS Productions, 140 South Beach Street, Daytona Beach stated that
they have presented a great event to the City. His company is planning to bring a family
oriented event in the downtown area. Their company will pay for every City service.
There are issues with the permit and the fees being charged.
Douglas Gage, 104 Spinnaker Circle, South Daytona Beach spoke about homeless
issues in Tuscawilla Park.
Glenn Storch, 420 South Nova Road, Daytona Beach spoke about the way garbage
services affect him. He spoke about garbage services increases in neighboring Cities;
Daytona Beach has one of the highest rates in Volusia County. There are many
requirements for the Request for Proposal (RFP) process. There are opportunities for
the City to save money if the process is followed. He asked the City to determine how
much time they needed for the process to work correctly in the event the negotiations
with the current contract does not work out.
Commissioner Gilliland asked Mr. Storch if he was working with any of the contract
companies; he did get an email and would like to state that Mr. Storch is presenting
himself as a business owner and he is employed by a company who would like to bid on
31
03-21-12
the contract. He wanted to make sure that those people who may be watching know that
Mr. Storch is getting paid by one of the companies that may want to bid on the contract.
Mr. Storch stated that he got to see the process up close and he represented Republic
during the County's process which allowed no one to talk to anyone during that
procedure.
Chris Muenzer, 315 Frances Terrace, Daytona Beach spoke about the contract with Fire
fighters and how they were steam rolled.
Marjorie Johnson, 122 South Keech, Daytona Beach spoke about issues with the Chief
Financial Officer and the arrest made of the student at the Red Lobster restaurant. There
are outstanding employees that work for the City.
Greg Gimbert, 255 Euclid Avenue, Daytona Beach spoke about the extension of
Biketoberfest and the contract in Tuscawilla Park. He thanked the Commission for the
afterschool program.
John Nicholson, 413 N. Grandview Avenue, Daytona Beach asked that the Commission
check their fees every five years. There will be two new facilities and there will be
added cost; he wanted the City to be aware of the cost. Suggested that the City should
look to volunteers to run some of the recreational programs; this will insure that the
programs continue.
Pat Heard, 822 Vernon Street, Daytona Beach spoke about the success of Bike Week on
the Boulevard. She thanked Commissioners Shelley and Henry for coming down during
the event. She did not care for the picture that was in the News Journal; it was negative.
She commented on football at Cypress Street and they need to have a place for football.
11.
COMMENTS AND INQUIRIES FROM THE CITY COMMISSION - CITY
MANAGER AND CITY ATTORNEY REPORT.
Commissioner Henry stated he had a chance to go by the Red Tail exhibit and it was
heartwarming. Bike Week was bumper to bumper walking down the sidewalks on the
Beachside as well as on the Boulevard. He hopes the vendors and locals made some
money. He did not see any major incidents in either place. He had the opportunity last
week to ride along with the City Manager and his staff around town to observe and look
at things that even as a Commissioner he didn't know that our City had did, done and
do. His suggested that when new Commissioners come aboard give them a tour of the
City early in the process so they can see some of the things the City has accomplished.
Commissioner Reynolds stated she also had a chance to attend the Tuskegee Airmen
She was moved when Mayor Ritchey gave the three original airmen
exhibit.
individualized keys to the City. She encouraged everyone to attend, tomorrow is the last
day that it will be here and then it will move to New Smyrna Beach airport. Bike Week
was a great success on Mary McLeod Boulevard (MMB); she believes that a lot of the
merchants and residents saw some economic benefit as well as it highlighting the
Midtown area. She would like the Commission to look at Biketoberfest and discuss the
possibility of maybe extending it. History was made at the Daytona International
32
03-21-12
Speedway by the first woman, Elena Myers, winning a major speedway event.
Commissioner Shelley stated she had the opportunity multiple times to go out and she
also went out at night. She thought Bike Week on the Boulevard was outstanding. She
was there very late at night, she felt safe on the street, she was not approached in
negative ways, it was a lovely experience and was very impressed with what was done
on MMB. Mr. McKitrick said we need to give thanks to Ms. Turner Hymes for that, not
to exclude others but she is the person who has to deals with a lot of the issues there.
She noted that there were some excellent food vendors on the Boulevard this year; she
had complained many times that you had to have more than a turkey leg. That same
night she went over to Main Street, the sidewalk was filthy, it was covered with liquid of
some sort, and she did not see that on the Boulevard. There was vomit and a lot of
drunken people. While she was there a police officer was accosted by a drunken person
when he tried to break up a brawl. She was very disheartened to see the behavior on
Main Street, particularly interesting to her was the contrast of what she saw on MMB.
She was very impressed the way it was handled on the Boulevard. The other thing she
wanted to ask ... Mr. Chesley has approached the Commission twice tonight and she
finds the conversation interesting about their willingness to give Zoom Air an
opportunity to use a park at, in her estimation looking at the pro forma, that does not
even cover permits for using that park if someone wanted to actually go and rent that
park. We are asking fees which tend to go up and down, she had this conversation
during the fees workshop, and then it is very hard to follow and then you can go in and
seem to be able to negotiate certain things, which she is not against negotiating but it is
very difficult and she is thinking maybe there is something there that she is not seeing.
A year at a possible profit of $20,000, as a City she knows they are against making a
profit on services to our residents but when we are in a venture with a business we
should make a profit and she believes we should make a good profit. She would love to
entertain some kind of discussion. She had a question for the City Manager; we have
had a lot of people speaking tonight about Waste Pro and what is going on with that
contract. There are concerns that the community is having and she is pleased that
Commissioner Gilliland pointed out that Mr. Storch is employed by Republic. She
asked that the City Manager and City Attorney address the contract. She wants to make
sure the City is in a position of strength to negotiate and she wants to know why we
have decided not to go through the bid process.
Marie Hartman, City Attorney stated the contract was for a term of five years, that
contract will be up September 30, 2012. The contract provides that it can be renewed by
for an additional term of five years by mutual consent of the parties. It can be renewed
for one additional five year period under the existing terms of the contract or the parties
can by mutual consent renegotiate the terms. Either party can give notice that they wish
to extend the term for the additional five years within 180 days and it is her
understanding that Waste Pro has sent that opening to renegotiate, she has not seen it yet
but that is what she has been told.
Commissioner Woods stated if we want to go out for a Request for Proposal (RFP)
because it has been five years and she thinks a lot has changed in five years, can we go
out for a Request for Proposal.
33
03-21-12
Ms. Hartman stated yes you can.
Commissioner Shelley stated the time frame is what we are looking at.
Commissioner Woods stated when we would need to have that happen.
Mr. Chisholm stated he would help with this. He has a lot of respect for Glenn, he is
representing a client and he is painting a picture that paints the picture in the favor of his
client. We are not looking at a picture in favor of anybody other than the citizens of
Daytona Beach. The contract provides a provision that if we give notice to the
contractor or we receive a notice from him that he wants to negotiate within the 180
days then the Commission has a choice to make whether you would like for us to
negotiate or attempt to negotiate a change in the agreement that would then be
renewable upon the five year renewable date which is in September. He would probably
disagree with Mr. Storch where he does not think it would take six months to put a bid
together and companies this large find the equipment to provide the service once the
contract is rendered can be done, he has done this for 35 years and he knows the
companies will bring them in if they get a contract. He would discount that is a concern,
what he would suggest is that they are in the best of all seats. We are going to bring this
item to you at the next meeting. We would suggest that you authorize the staff to
negotiate with the existing vendor at this point and bring back the results of that
negotiation. If you feel it is in the best interest to move forward with that vendor at that
time, you have the opportunity to do that, if you want to go out into the market place
with an RFP you still have the option of doing that; this doesn't preclude that from
happening.
Commissioner Woods stated sometimes we kind of move a little slow and she does not
want them to do that. She asked what he was bringing them at the next meeting.
Mr. Chisholm stated he was bringing them the notice and a request to authorize
negotiations with the existing provider and to bring you the results back so that you can
consider it.
Commissioner Woods stated and they have to know on some level what they are going
to offer so if it comes to us at the next meeting for us vote on it can they bring
something back to us by the following meeting.
Mr. Chisholm stated yes.
Commissioner Woods stated in the month of April we would approve, if we do,
negotiations and they would come back with something so we could make a decision
that if we chose to go to RFP we could do it by May.
Mr. Chisholm stated he is saying yes but he hasn't talked to them and he hasn't been in
negotiations with them so he doesn't know.
Commissioner Woods stated she would assume they would want to do that.
34
03-21-12
Mr. Chisholm stated he is thinking they would be very close and the Commission would
have enough information to make a decision.
Commissioner Woods asked if she needed to make that in the form of a motion, she will
if she needs to.
Mr. Chisholm stated for what.
Commissioner Woods stated the time frame. I want to make sure we don't let the time
frame get away from us.
Mr. Chisholm stated the time frame is not an issue. The only thing that was an issue is
the notice and we received the notice. If you authorize us to negotiate we still have time
to bring it back in a timely manner. You can then decide if you want to accept that or go
out for RFP's.
Commissioner Woods stated we then have got to write the RFP and decide how it is
structured that takes time as well. She is concerned about time, with everything else we
have going on and the staff being busy she doesn't want it to get away from them.
Mr. Chisholm stated the last time we did this we went through best and final offers there
times on that agreement to get the agreement we have and our agreement is a good
agreement and we will be able to show you that.
Commissioner Woods stated it has been five years that we have had this. A lot has
changed in five years in the economy. We need to make sure that we get the best that
we can with the economy now.
Mr. Chisholm stated we will show you what is out there.
Commissioner Woods stated that was one of her question/comments and she will be
looking for it in the two meetings in April. She appreciated the information that was
sent out to the Commission on the grants.
Mayor Ritchey stated the TIGER grant has been submitted again for Orange Avenue, we
didn't make the cut the last time but he doesn't think anybody did in Florida. He
congratulated Hardy Smith for the list he prepared showing what grants were applied for
and what monies we have been able to earn and the status of several other grant
applications.
Commissioner White stated the Flagler Line Forum for opening back up the Florida East
st
Coast Railway (FEC) to passenger rail has a conference here on the 31 from 10 am to
12 pm. There has been a lot of support for that and the conference should be very well
attended. The project still has legs and one day we might be able to walk down to
Magnolia and get on the train and go to Miami. Also there were two comments made
one about Zoom Air and Scott Chesley. She knows Mr. Chesley, she has met with him
several times and he has come here several times. She asked if he was given a fee
proposal for the ...
35
03-21-12
Mr. Chisholm stated he doesn't know. The process is a staff review and a staff permit
and when it gets final which means when he puts his deposit up then it comes to him and
he signs off on the permit. Mr. Chesley called him this week and he honestly has not
had a chance to call him back but he will call him tomorrow and at the same time he will
check with staff to see what the status is. If he brought a deposit to the City that is
required under the City's ordinances then his project would be moving forward, if he
hasn't deposited the money then it would not move forward. If the staff had found
reason to turn him down they would have probably told him that and that is not
something we normally do, he is getting the sense that his project is something other
than the normal project. He doesn't know anything about it at this point but he intends
to find out.
Commissioner White stated she thinks the comparison between the two is you have two
outside entities that see an opportunity to do something interesting in our public space so
as much as we can protect ourselves against something happening and make sure we
don't shut down public access to public facilities she would say to negotiate with him
and find out a little bit more. With regards to Zoom Air it is important to nail down the
length of the contract, the design and the hours. She would like to see the details
hammered out. There was mention about our solid waste contract and she knows that is
the largest contract we have so obviously it is going to be very competitive. She wants
to confirm that in no way will we preclude competition for the solid waste contract by
waiting.
Mr. Chisholm stated not by waiting.
Commissioner White stated to her if this is our largest contract and we are not putting
ourselves in a position where we can negotiate with other people, negotiating is great
but if you are negotiating with somebody and you don't have any other options then
what are you really negotiating.
Mr. Chisholm stated right now the only one he could negotiate with is this company
because they have a contract and they have a five year option to renew that has to be
mutually agreed to it is not a one way street. He thinks it would be worth their while to
spend a small amount of time trying to determine exactly what the negotiation entails
and whether it benefits the City or not and at that point we have plenty of time to get out
and get proposals back on the contract. Our commitment is to get back here by the
second meeting in April so we are going to try to do that.
Commissioner White stated the last time she talked about our overall financial picture
and she knows they had to make the budget amendment tonight and try to get our
reserves back in line; a lot of what we did was transfers so it is not like we got a lot
more money, she knows we are saving more money from cutting but she thinks this is
going to be a theme moving forward that we are all going to have in our mind that we
are still spending more of our General Fund than we are anticipating or bringing in.
36
03-21-12
Mr. Chisholm stated the transfer over was to cover the 10 percent requirement in the
Reserve Fund. The operating revenue and operating expenses are not in a negative at
this point.
Commissioner White stated she is not trying to be overly critical she just wants them to
have a large view of what they are into. Stormwater fees were collected and transferred
to the General Fund, moving forward we have to realize that we got to this 10 percent
requirement by transferring probably what is a reserve in another fund. She thinks we
have to be creative about where we get additional revenue. She ended her comments
with an update on Public Art. The pilot project will involve vacant buildings, getting
something in those windows and getting the owners to do that. Partners are the Museum
of Arts and Sciences who served as an over site committee to select the art and worked
with the students who are the artists. The University of Central Florida and Daytona
State College photography program, we will be using their art. We will be using private
donations in order to print the art and get it up. We are hoping by April 14ti, we will be
able to have an installation event that we can invite the community to.
Commissioner Shelley stated they are excited about it, the response has been terrific.
They have been moving forward slowly but surely and they look forward to it.
Commissioner Gilliland stated Mr. Chesley's event sounds like a great event but he
wants to use and completely shut off access to three City parks for almost a month. This
is a significant project encompassing Riverfront Park, City Island and Manatee Island.
It is not comparable at all when talking about the Zoom Air project which is up in the
trees and cuts off very little access to the public of the public park. He does share Mr.
Chesley's concern about his fee which was about $70,000, that's a huge number. He
explained to Mr. Chesley that we do not waive fees and that we were looking at our fees
right now. We need to make sure our fees are appropriate and that they cover our costs.
He is hoping that his project works out but lets make sure that we understand that they
are not comparable to Tuscawilla to what he is talking about doing. Regarding the Solid
Waste contract, this was one of the least fun events he has experienced since being on
the Commission and even in the end, WSI was still crying foul because the Waste Pro
contract had all new equipment for their primary equipment but their backup equipment
was used and then WSI was crying foul that they didn't have that opportunity they had
to do new and new. It was unpleasant from start to finish and the worst thing was that
we had a great long term contract with WSI and they were probably coming close to
losing money on this thing in the end because we had locked such a low rate in for a 10
year period. When we bid it there was a huge increase in the market and he took more
beatings particularly from the businesses on the west side of town and some on the
beachside too because they saw their bills go up 30 to 40 percent for solid waste. He
liked what Commissioner Woods laid out time wise; he doesn't think they need to
authorize the City Manager to negotiate right now but they ought to be working right
now to put together their best proposal and get it to the City Manager for our next
agenda and if they come back with something that is similar to what we are paying now
then we need to issue an RFP. The contingency plan on this is that staff should be
working on an RFP right now. If it doesn't work out with them that way we can get the
RFP out on the street as quickly as possible. He thinks Waste Pro has done a great job;
37
03-21-12
he has had three or four complaints in the last four and a half years with them. He
always gets the question why don't we go to one day a week and it turns out it saves
eight percent. You cut the service in half and it only goes down eight percent. He asked
Mr. Chisholm to please follow the time line that Commissioner Woods laid out and at
the same time have staff at least working on a draft RFP. This is not going to be fun.
Mr. Chisholm stated garbage is the stinkiest business and it is a stinky business when it
comes to us and nobody is going to be happy and everybody is going to threaten to sue
everybody because that is what everybody does. That's how they do business. They are
going to find something that somebody said or somebody did and then they will say they
are going to sue you over that. He has been through this for 35 years and it is always
that way.
Commissioner Gilliland stated we don't have a lot of time and to be honest we don't
have a great track record on getting RFP's out where we don't say oops we didn't mean
it that way we meant it this way and we have to throw it out and reissue the RFP. The
sooner we can get started on this the better and lastly with the Police and Fire thing that
got pulled all of the investment policy language on limitations was stricken from the
ordinance and what was left was just a broad statement that said that the Pension Board
will adopt an investment policy; the only restriction that was left in there was one that
was required by statute that no more than 25 percent can be foreign investments. He
suggested that they add into it that the Board set the policy but they can't implement the
policy until it has been adopted by or approved by the Commission. He commented on
the board and its members and stated that we are about 70 percent funded which is
pretty good. He hopes that when this comes back we do have some consideration that
when we look at changing the ordinance we do have the appropriate over site to insure
that we aren't too heavy into any particular type of investment. In closing he was very
hopeful, he actually looked at the TIGER Grant proposal and it looked great. He saw
Bill Nelson's letter that got emailed around yesterday and he is keeping his fingers
crossed. It is a big priority for us and something that has been high on the list for a very
long time but it is $20 million and it would just be a tremendous opportunity for the City
if we could get that award and be able to move forward with fixing the utilities as well
as the street.
Mayor Ritchey stated the opportunity to meet the Tuskegee Airmen was awesome, 90+
years old sharp as a tack. You can think of Jimmy Huger and think of these guys
because Jimmy is so articulate and such a great spokesperson. He appreciates the City
getting the grant application out. He thanked staff for all they do to try to keep them
prepared for what they need to do. He thanked the Commission for taking deep dives
into the backup material. The concern he has about the waste issue is if you don't go
out for an RFP how do you know you have the best offer.
Mr. Chisholm stated he had tours scheduled with everyone.
38
03-21-12
12. ADJOURNMENT
There being no further discussion or comments the meeting adjourned at 9:19 p.m.
PATRICK J. HENRY
Vice Mayor
ATTEST:
Adopted: April 4, 2012
RECORD REQUIRED TO APPEAL: In accordance with Florida Statute 286.0105 if
you should decide to appeal any decision the Commission makes about any matter at
this meeting, you will need a record of the proceedings. You are responsible for
providing this record. You may hire a court reporter to make a verbatim transcript, or
you may buy a digital recording of the meeting for $2.00 at the City Clerk's office.
Copies of recordings are only made upon request. The City is not responsible for any
mechanical failure of the recording equipment.
39

March 21, 2012 South Ridgewood Avenue, Daytona Beach, Florida

Transcription

Similar documents

Kardinia International College Agreement 2015

EU Commission Statement 30 May 2016

City Commission Meeting 06-07-2011

to view the minutes

NY Correction History Society images of NYC DOC Black History

Presentation from Texas Association of Regional Councils Annual

2-09-16 Board Packet

detective skills

Feedback Brochure - Central Bayside Community Health Services

Rep. Huelskamp to visit county