CITY OF ORMOND BEACH

CITY COMMISSION MEETING

OCTOBER 21, 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 Father Richard Grasso, Prince of Peace Catholic Church.

3) Pledge of Allegiance.

4) PRESENTATION: Proclamation in honor of Zachary Driscoll.

5) AUDIENCE REMARKS:

6) APPROVAL OF THE MINUTES of the October 7, 2008, meeting.

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. 2008-188 authorizing the execution of a release and satisfaction of Special Master administrative fine/lien for code violations on property located at 59 Laurel Oaks Circle, Ormond Beach, Volusia County, Florida.

B) Resolution No. 2008-189 authorizing the approval of two requisitions (#0000005299 and #0000005300) and authorizing the execution of two blanket purchase orders for the purchase of gasoline and diesel fuel for City vehicles under State of Florida Contract Number 405-000-04-1. ($573,000 for gasoline; $275,000 for diesel fuel)

C) Resolution No. 2008-190 authorizing a cost-of-living increase in the rate paid by the City to Economy Electric Company, Inc., for electrical services. ($2,184 annually)

D) Resolution No. 2008-191 authorizing a cost-of-living increase in the rate paid by the City to Services Rendered, Inc., for janitorial services. ($9,827 annually)

E) Resolution No. 2008-192 authorizing the execution of a Community Development Block Grant Subrecipient Agreement for Fiscal Year 2008-2009 between the City and the County of Volusia. ($101,843 CDBG funds)

PART ONE PART TWO

F) Resolution No. 2008-193 authorizing the execution of Change Order Number Two (2) to that Joint Project Agreement between the City and the County of Volusia regarding the utility installation and road construction on Clyde Morris Boulevard from Aberdeen to Fallsway Boulevard, by increasing the contract price by $44,000. ($914,613 total contract)

G) Resolution No. 2008-194 accepting a bid from Brenntag Mid-South, Inc., for the provision of a scale inhibitor for the City’s Water Treatment Plant under Bid No. 2008‑35; authorizing the execution of a purchase order and payment therefor; rejecting all other bids. ($30,024)

H) Rockefeller Gardens improvements:

1) Resolution No. 2008-195 accepting the bid of C.E.M. Enterprises, Inc., regarding construction services for the Rockefeller Gardens Site and Drainage Improvements project under Bid No. 2008-30, rejecting all other bids; authorizing the execution of a contract between the City and C.E.M. Enterprises, Inc., and payment thereunder. ($1,016,333)

2) Resolution No. 2008-196 authorizing the sole source procurement of site amenities from Landscapeforms, Inc., regarding the Rockefeller Gardens Site and Drainage Improvements project; authorizing the execution of a purchase authorization. ($41,054)

3) Resolution No. 2008-197 accepting a proposal from Kenneth Smith Architects, Inc., to provide construction administration services regarding the Rockefeller Gardens Site and Drainage Improvements project; authorizing the execution of a Work Authorization thereto. (Not-to-exceed $32,800)

I) Resolution No. 2008-198 authorizing the execution of a subgrant agreement between the City and the State of Florida, Division of Emergency Management, regarding the Hazard Mitigation Grant Program. (Funding for the Hand Avenue and Laurel Creek Improvements Drainage project - $934,011 HMGP funding)

PART ONE PART TWO

9) PUBLIC HEARINGS:

A) Community Redevelopment Agency grant applications:

1) Review by the Community Redevelopment Agency.

a) Recess the City Commission meeting and convene as the City of Ormond Beach Community Redevelopment Agency.

b) Review Property Improvement Grant applications for recommendation to the City Commission.

c) Adjourn as the Community Redevelopment Agency and reconvene the City Commission meeting.

2) Resolution No. 2008-199 of the City Commission, also acting as the Central Business District Community Redevelopment Agency of the City of Ormond Beach, Florida, authorizing the extension of a Property Improvement Grant Agreement between the Agency and Tomoka Properties, LLC, a Florida Limited Liability Company. (163 Tomoka Avenue - $50,000)

3) Resolution No. 2008-200 of the City Commission, also acting as the Central Business District Community Redevelopment Agency of the City of Ormond Beach, Florida, authorizing the extension of a Property Improvement Grant Agreement between the Agency and the Highlander Corporation, a Florida corporation. (44 West Granada Boulevard - $12,647.83)

PART ONE PART TWO

B) Ordinance No. 2008-44 authorizing the execution and issuance of a Development Order for a Planned Residential Development to be known as “Pineland” to be located on a 164.5-acre site north of Airport Road, east of Interstate 95, south of the City’s business park, and west of the Ormond Green subdivision and Pine Trails subdivision; authorizing a five-phased project consisting of 192 single-family lots. (Second Reading)

C) Ordinance No. 2008-48 amending Subsection A, Zoning Map, of Chapter 2, District and General Regulations, Article I, Establishment of Zoning Districts and Official Zoning Map, Section 2-03, Official Zoning Map and Zoning Districts, of the City of Ormond Beach Land Development Code, by rezoning a 19.22 acre parcel of real property located at 765 West Granada Boulevard from B-9 (Boulevard) to PBD (Planned Business Development); authorizing revision of the Official Zoning Map; approving a Development Order for a Planned Business Development to be known as “Granada Grande”; establishing conditions therefore; and approving and authorizing the removal of eight (8) of the forty-seven (47) historic trees located on the property. (First Reading)

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

D) Ordinance No. 2008-49 relative to the location of sexually oriented businesses, amending Chapter 1, Article III, Section 1-22, entitled Definitions; amending Chapter 2, Article II, Section 2-29, entitled Commercial (B-8); amending Chapter 2, Article IV, Section 2-57, entitled Special and Conditional Use Criteria, of the Land Development Code. (First Reading)

E) Ordinance No. 2008-50 relative to sexually oriented business permit and license requirements; amending Chapter 12, Business Regulations, Article XIV, Sale or Rental of Sexually Explicit Materials, of the Code of Ordinances, by deleting in its entirety Sections 12-390, Definitions, 12-391, Businesses Prohibited, and 12-392, Regulation of the Sale or Rental of Materials Depicting or Describing Specified Sexual Activities or Specified Anatomical Areas, and adding Sections 12-390 through 12-413. (First Reading)

PART ONE PART TWO PART THREE

10) SECOND READING OF ORDINANCE No. 2008-47 amending Section 2-221, Recreation Advisory Board, of Article VI, Boards, Commissions, Committees and Other Agencies, of Chapter 2, Administration, of the Code of Ordinances by amending the name of the board and its purpose.

11) FIRST READING OF ORDINANCES:

A) Ordinance No. 2008-51 relative to Business Signs, Chapter 3, Article IV, Section 3-47, Business Premise Identification Signs, of the Land Development Code, by amending regulations to include the B-5 Zoning District in those districts where height exceeding twenty feet (20’) is subject to the coordination of sign placement with architectural style, and to remove the special exception requirement for those zoning districts.

B) Ordinance No. 2008-52 relative to accessory dwelling units, Chapter 2, District and General Regulations, Article III, General Regulations, Section 2-50, Accessory Uses, to clarify permitted occupancy.

12) RESOLUTIONS:

A) Resolution No. 2008-201 amending Resolutions 2008-23 and 2008-56 regarding appointments to the Recreation Advisory Board for the limited purpose of acknowledging the correct name of the board on which its members serve.

B) Resolution No. 2008-202 authorizing the execution of a Interlocal Agreement between the City and the Volusia County School Board regarding the use of fields and facilities at the Ormond Beach Sports Complex for the extracurricular activities of Seabreeze High School students. ($600,000)

13) DISCUSSION ITEMS:

A) Special Election to amend the City Charter relative to municipal elections.

B) Purchasing threshold.

C) Beach concession services.