CITY OF ORMOND BEACH

CITY COMMISSION MEETING

NOVEMBER 18, 2008 7:00 PM

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PURSUANT TO SECTION 286.0105, FLORIDA STATUTES, IF ANY PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS PUBLIC MEETING, SUCH PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSE, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, INCLUDING THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.

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PERSONS WITH A DISABILITY, SUCH AS A VISION, HEARING OR SPEECH IMPAIRMENT, OR PERSONS NEEDING OTHER TYPES OF ASSISTANCE, AND WHO WISH TO ATTEND CITY COMMISSION MEETINGS OR ANY OTHER BOARD OR COMMITTEE MEETING MAY CONTACT THE CITY CLERK IN WRITING, OR MAY CALL 677-0311 FOR INFORMATION REGARDING AVAILABLE AIDS AND SERVICES. LISTENING DEVICE AVAILABLE FOR HEARING IMPAIRED.

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A G E N D A

1) Meeting call to order by Mayor Costello.

2) Invocation by Cantor Zev Sonnenstein, Temple Beth El.

3) Pledge of Allegiance.

4) AUDIENCE REMARKS:

5) APPROVAL OF THE MINUTES of the October 27, 2008, special meeting, and the November 5, 2008, regular meeting.

6) CITY MANAGER SELECTION:

7) INTERGOVERNMENTAL REPORTS:

A) Metropolitan Planning Organization

B) Volusia Council of Governments

C) Water Authority of Volusia

8) CONSENT AGENDA: The action proposed is stated for each item on the Consent Agenda. Unless a City Commissioner removes an item from the Consent Agenda, no discussion on individual items will occur and a single motion will approve all items.

A) Resolution No. 2008-208 authorizing the execution of an agreement between the City and Council on Aging of Volusia County, Inc., for the use of a site at the Senior Center for a nutrition program. ($2,400 annually)

B) Resolution No. 2008-209 authorizing the execution of a Consent to Assignment of Group Medical Benefits Agreement between the City and Florida Health Care Plans, Inc.

C) Resolution No. 2008-210 terminating a lease with Apryl Sims, regarding the residential mobile home at the Airport Sports Complex.

D) Resolution No. 2008-211 authorizing the submittal of a request to the County of Volusia for an amendment to the Community Development Block Grant Subrecipient Agreement for Fiscal Year 2006-2007 between the City of Ormond Beach and the County of Volusia; authorizing the execution of amendments. (Transfer of $50,665 from site improvements at Ellinor Village, ADA improvements at the PAC, and Fire Station 91 park improvements to tree planting and irrigation on Ormond Parkway and Arlington Way and street pavers at Valencia and Magnolia)

E) Resolution No. 2008-212 authorizing the submittal of an on-line grant application in the amount of $3,984 to the Florida Department of Law Enforcement, Office of Criminal Justice Grants; authorizing the execution of all documents incidental thereto, including any contract necessary for the City to accept the grant award.

F) Resolution No. 2008-213 pursuant to Section 14-98, Liens, of the City of Ormond Beach Code of Ordinances authorizing the imposition of a lien against the real property owned by Aston Building Corporation and located in the Aston Circle common area, Ormond Beach, Volusia County, Florida (Parcel ID No. 4242-0D-00-0001) for costs incurred by the City to terminate or abate a site maintenance violation. ($190)

G) Resolution No. 2008-214 rescinding an award of a contract to Expertech Network Installation, Inc., for construction services regarding the North US1 20” Force Main Extension Phase II Construction project, under Bid No. 2008-08; authorizing and ratifying the execution of a “General Release” with Travelers Casualty and Surety Company of America and Expertech Network Installation (U.S.) Inc., in exchange for payment of the bid bond; accepting a bid from American Persian Engineers & Constructors, Inc.; authorizing the execution of a contract and payment therefor; rejecting all other bids. ($1,163,900 total contract; $58,161.76 bond payment)

PART ONE PART TWO PART THREE

H) Resolution No. 2008-215 accepting a bid from Barracuda Building Corporation for construction services regarding the Thompson Creek Road Pedestrian and Parking Improvements project under Bid No. 2008-32; authorizing the execution of a contract and payment therefor; rejecting all other bids. ($130,709)

I) Resolution No. 2008-216 accepting the bid of Carter Electric Company, Inc., regarding electrical services for the Ormond Beach Sports Complex Kiwanis Field Lighting project under Bid No. 2008-31; rejecting all other bids; authorizing the execution of a contract and payment thereunder. ($283,181)

J) Resolution No. 2008-217 accepting a bid from Masci Corporation for construction services regarding the Division Avenue Well Rehabilitation (Wells 7A & 18A) project under Bid No. 2008-28; authorizing the execution of a contract and payment therefor; rejecting all other bids. ($467,410)

PART ONE PART TWO

K) Resolution No. 2008-218 accepting a proposal from Barnes Ferland & Associates, Inc., to provide engineering services regarding the Division Avenue Wellfield Rehabilitation (7A and 18A) project; authorizing the execution of a Work Authorization thereto. ($43,567)

L) Update on Stormwater Improvements and Collector Road Capital Improvement Projects.

DISPOSITION: Approve as recommended in City Manager

memorandum dated November 13, 2008.

M) Installation of a beach volleyball court.

DISPOSITION: Approve as recommended in City Manager

memorandum dated November 13, 2008.

N) Reimbursement of $3,141 in permit fees to M.A.C. Charter, Inc.

DISPOSITION: Approve as recommended in City Manager

memorandum dated November 13, 2008.

9) PUBLIC HEARINGS:

A) Resolution No. 2008-219 of the City Commission of Ormond Beach, Florida, adopting the Final Evaluation and Appraisal Report for the City of Ormond Beach Comprehensive Plan; stating the intent of the City Commission to amend the Comprehensive Plan based upon recommendations contained in the Final Evaluation and Appraisal Report; authorizing transmittal to the Department of Community Affairs.

PART ONE PART TWO PART THREE PART FOUR PART FIVE PART SIX PART SEVEN

B) Ordinance No. 2008-53 adopting certain amendments to the Capital Improvements Element of the City of Ormond Beach Comprehensive Plan; providing when such amendments shall take effect. (Second Reading)

PART ONE PART TWO

C) Ordinance No. 2008-54 adopting certain amendments to the Future Land Use Element and the Conservation Element of the City of Ormond Beach Comprehensive Plan; providing when such amendments shall take effect. (Second Reading)

PART ONE PART TWO PART THREE PART FOUR

D) Ordinance No. 2008-55 amending the Future Land Use Element of the Comprehensive Plan by amending the Future Land Use Map to change the designation of one (1) parcel of real property totaling 1.15 acres located at 211 North Tymber Creek Road from Volusia County “Urban Low Intensity (ULI)” to City of Ormond Beach “Low Density Residential (LDR).” (Second Reading)

10) SECOND READING OF ORDINANCES:

A) Firefighter Pension Ordinances:

1) Ordinance No. 2008-56 of the City of Ormond Beach, Florida, amending Article III, Firefighters’ Pension Trust Fund, of Chapter 16, Pensions and Retirement, of the Code of Ordinances; amending Section 16-45, Benefit Amounts and Eligibility; amending Section 16-47, Disability. (Benefit multiplier from 2.97% to 3.12%)

2) Ordinance No. 2008-57 of the City of Ormond Beach, Florida, amending Article III, Firefighters’ Pension Trust Fund, of Chapter 16, Pensions and Retirement, of the Code of Ordinances; amending Section 16-40, Definitions, by amending the definition of average final compensation; amending Section 16-46, Pre-retirement Death; amending Section 16-49, Optional Forms of Benefits; amending Section 16-67, Deferred Retirement Option Plan.

3) Ordinance No. 2008-58 of the City of Ormond Beach, Florida, amending Article III, Firefighters’ Pension Trust Fund, of Chapter 16, Pensions and Retirement, of the Code of Ordinances; amending Section 16-45, Benefit Amounts and Eligibility; amending Section 16-47, Disability. (Benefit multiplier from 3.12% to 3.37%)

B) Ordinance No. 2008-59 amending the annual budget for Fiscal Year 2007-2008 by amending the Pension Contribution Pass Thru Fund and the Workers Compensation Insurance Fund.

11) RESOLUTIONS:

A) Resolution No. 2008-220 setting forth policy direction regarding the existing on street parking and FDOT milling and resurfacing project on Granada Boulevard (SR40) from Washington Street to SRA1A.

B) Resolution No. 2008-221 affirming the certification by the Volusia County Canvassing Board of the results of the Special Referendum Election conducted in the City of Ormond Beach, Florida, on Tuesday, November 4, 2008, regarding proposed amendments to the City Charter; declaring the results of the election; providing for transmittal.

12) DISCUSSION ITEMS: