THE CITY OF DAYTONA BEACH

Regular Meeting - CITY COMMISSION

July 5, 2017

City Commission Chambers

6:00 PM

 

AGENDA

 

Website Address - www.codb.us (City Clerk)


NOTICE
- If any person decides to appeal any decision of the City Commission at this meeting, he will need a record of the proceedings and, for that purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City does not prepare or provide such a record.

For special accommodations, please notify the City Clerk's Office at least 72 hours in advance. (386) 671-8020Help for the hearing impaired is available through the Assistive Listening System. Receivers can be obtained from the City Clerk's Office.

In accordance with the Americans with Disabilities Act (ADA), persons needing a special accommodation to participate in the Commission proceedings should contact the City Clerk's Office not later than three days prior to the proceedings.

1.ROLL CALL.
2.INVOCATION.
3.PLEDGE OF ALLEGIANCE TO THE FLAG.
4.APPROVAL OF MINUTES.
4.A.

Approval of Minutes

 

 

 

Approval of the minutes of the June 21, 2017 Regular Meeting of the City Commission held at City Hall, 301 South Ridgewood Avenue, Daytona Beach, Florida.

 

 

 

 
5.AGENDA APPROVAL.

THOSE MATTERS INCLUDED UNDER THE CONSENT AGENDA ARE SELF-EXPLANATORY AND ARE NOT EXPECTED TO REQUIRE REVIEW OR DISCUSSION. ITEMS WILL BE ENACTED BY ONE MOTION. IF DISCUSSION IS DESIRED BY ANY MEMBER OF THE COMMISSION, THAT ITEM MUST BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY.

6.PRESENTATION.
6.A.

No Presentation

 
7.CITIZENS.
7.A.

PUBLIC COMMENTS BY THE PEOPLE ADDRESSING THE CITY COMMISSION

 

During this time Citizens have the opportunity to address the City Commission on any item on the Consent Agenda.  Items or discussions not listed on the Agenda will not be heard during this comment section.

 
8.CONSENT AGENDA.

PLEASE NOTE: ITEMS PULLED FROM THE CONSENT AGENDA MAY BE REMOVED FROM CONSIDERATION BY THE CITY COMMISSION AND CONTINUED FOR TWO (2) WEEKS UNTIL THE NEXT REGULARLY SCHEDULED CITY COMMISSION MEETING. (ONLY MEMBERS OF THE CITY COMMISSION MAY REMOVE ITEMS FROM THE AGENDA).

8.A.City Manager's Office - Budget Division - Third Quarter Budget Amendment  (pp. 19-25)

Resolution amending Resolution No. 16-264 (as previously amended), which adopted the FY 2016/17 budget, in order to increase revenues by $1,302,779, increase operating expenditures by $118,941, and increase capital expenditures and transfers by $1,183,838. This budget amendment provides funding to increase anticipated liability insurance expenditures, establishes the match portion of the COPS grant, increases funding for the City Hall HVAC Controls project, transfers the remaining homelessness initiative donation funds to the General Fund, and recognizes infrastructure improvements donated to the City.

 

Recommendation:  Budget Officer recommends adoption of the Resolution. 

 
8.B.Risk Management - Wright National Flood Insurance Company- Flood Insurance Renewal  (pp. 26-43)

Resolution accepting renewal proposals submitted by Wright National Flood Insurance Company, P.O. Box 33003, St. Petersburg, FL  33733, for an annual premium in the amount of $52,027 for flood insurance coverage for various City properties in flood zones for the period of July 25, 2017 to July 25, 2018; authorizing payment for any additional flood premium, not to exceed $20,000, for additional properties determined to be in flood zones and for adjustments in property values that may cause a need for an increase of coverage during the period of July 25, 2017 to July 25, 2018.  Funds are available in Consolidated Insurance Fund.

 

Recommendation:  Human Resources Director recommends adoption of the Resolution. 

 
8.C.Development & Administrative Services, Redevelopment Division - Declaration of Surplus Property  (pp. 44-49)

Resolution authorizing certain City-owned parcels of real property located within The City of Daytona Beach redevelopment areas be declared surplus property by the City Commission to permit staff to promote the sale of these properties for the purpose of redevelopment.

 

Recommendation:  Redevelopment Director recommends adoption of the Resolution.

 
8.D.Public Works, Technical Services Division - P&S Paving , Inc - Annual Streets Resurfacing Contract - Amendment No. 2  (pp. 50-55)

Resolution approving Amendment No. 2 to the Annual Streets Resurfacing Contract with P&S Paving, Inc. to add a Pay Item for Speed Humps at a Per Each cost of $2,740.81.  On future resurfacing Work Authorizations it will be necessary to remove and replace existing speed humps, however, there is currently not a pay item to cover this work.  Therefore, P&S Paving, Inc. has provided a cost to remove/replace one (1) 12 foot wide speed hump and to add the Pay Item to their Contract No. 0115-2650.

 

Recommendation:  Deputy Public Works Director recommends adoption of the Resolution.

 

 
8.E.Public Works/Facilities Property Maintenance Division - Shaw Mechanical Services - Schnebly Recreation Center HVAC Replacement - Emergency Ratification  (pp. 56-73)

Resolution ratifying the after-the-fact purchase and installation of an emergency HVAC replacement at Schnebly Recreation Center with Shaw Mechanical Services, LLC, 3740 All American Boulevard, Orlando, Florida 32808, in the amount of $29,410. The City Manager is authorized to approve emergency purchases in the most efficient and effective means possible. Bidding or lowest and best quote procedures should be used where feasible, but competitive selection for the remediation of emergency situations is not required per section 30-52b.  Funds available in the General Fund. 

 

Recommendation:  Deputy Public Works Director recommends adoption of the Resolution.

 
8.F.Public Works/Administration Department - Thompson Consulting Services, LLC - Debris Monitoring and Related Services - Continuing Services Contract  (pp. 74-98)

Resolution awarding a Continuing Service Contract to Thompson Consulting Services, LLC (TCS) 1135 Townpark Avenue, Suite 2101, Lake Mary, FL 32746, in accordance with Chapter 30 of the City Code, for as-needed Disaster Debris Monitoring and Related Services, for a three-year term with the option to renew for two (2) additional one (1) year renewal terms, and authorize the Mayor and City Clerk to execute the contracts providing an effective date, and permitting the City Manager to exercise renewal options.  In order to be prepared to protect the City and assist in the recovery of a disaster with hurricane season upon us, a debris monitoring contract in place ensures the City of receiving FEMA assistance. Thompson conducts, free of charge, multiple annual meetings with City personnel and agents for general pre-event planning purposes. In any disaster event, time is of the essence. Thompson personnel will mobilize to the City’s Emergency Operations Center (EOC) within eight hours of issuance, and will commence services within 24 hours of issuance. Thompson shall provide the required services diligently, continuously, and in an uninterrupted manner so as to ensure timely completion.  No City Funding needed to issue contract.

 

Recommendation:  Deputy Public Works Director recommends adoption of the Resolution.

 
8.G.Public Works, Technical Services Division - Infrastructure Engineers, Inc. - Martin Luther King Blvd - Roadway/Pedestrian Improvements - Work Authorization No. 3  (pp. 99-107)

Resolution approving Work Authorization No. 3 (Contract No. 0516-1120-IEI, Res No. R16-208) for Infrastructure Engineers, Inc., 400 W SR 434, Suite 1016, Oviedo, FL 32765, for Construction Engineering and Inspection (CEI) oversight on the Dr. Martin Luther King, Jr. Boulevard, Roadway and Pedestrian Improvements Project, for a total cost of $243,403.92.  Construction Engineering and Inspection (CEI) oversight is needed for the Dr. Martin Luther King, Jr. Boulevard Roadway and Pedestrian Improvements Project which will consist of widening the sidewalks and making ADA improvements, reducing the travel lane width of the pavement for increased safety, complete reconstruction of the roadway and curbing, shifting the parking stalls to the east side of the roadway, upgrading the potable water distribution main and sanitary sewer collection system, decorative solar street lighting, and landscaping.  This project is expected to take approximately 9 months to construct at an estimated construction cost of $2,453,887.  Funds available in the Capital Projects Fund.

 

Recommendation:  Deputy Public Works Director recommends adoption of the Resolution.

 
8.H.Public Works,Technical Services Division - Fallbrook Credit Finance - Voluntary Cleanup Tax Credit - Placement Agreement and Purchasing Agreement (pp. 108-117)

Resolution authorizing the sale of $348,299.05 in Voluntary Cleanup Tax Credit Certificates, the Placement Agreement, and authorizing the City Manager to execute all Purchasing Agreement related documents with the highest bidder Fallbrook Credit Finance, 26610 Agoura Road, Suite 120, Calabasas, CA 91302 at the highest discounted value of $309,986.16.  The Florida Department of Environmental Protection has awarded these tax credit certificates to the City as a result of the ongoing remediation efforts at the City’s Former Clyde Morris Landfill project site. 

 

Recommendation:  Deputy Public Works Director recommends adoption of the Resolution.

 

 
8.I.

Utilities Department - US Submergent Technologies, LLC - Bethune Point Waste Water Treatment Plant  - Sand Removal Project - Bid Award

(pp. 118-146)

Resolution awarding Bid number 0217-1040 to US Submergent Technologies, LLC, 235 N. Orange Ave., Suite 201, Sarasota, FL 34236 for removal of sand at the Bethune Point Wastewater Treatment Plant for a not to exceed amount of $344,840.  The Bethune Point Wastewater Treatment Plant has received grit in the form of sand in the raw sewage for many years.  While the grit removal system takes a portion of the sand out of the raw sewage, many tons have accumulated over the years.  The permit renewal in 2013 requires the City to remove all the sand from the anaerobic tank; an estimated 2,000 tons of sand needs to be removed.  Funds available in the 425 Renewal & Replacement 5% Fund.

 

Recommendation: Business Enterprise Management Director recommends adoption of the Resolution.

 
8.J.Public Works/Administration Department -  Waste Pro of Florida of Florida, Inc - Bear-Resistant Receptacles Purchase  (pp. 147-163)

Resolution ratifying Purchase Order No. 10080 in the amount not exceed $26,625 for 125 Bear-resistant trashcans from Waste Pro of Florida, Inc. 2101 West SR434, Suite 315 Longwood, FL, 32779, in accordance with the time sensitive expenditure of BearWise Grant Funds no later than June 15, 2017.  The City of Daytona Beach will receive BearWise funds in the amount of $20,000 from Florida Fish and Wildlife Foundation (FWC) to purchase bear-resistant trashcans to offer to residents at a discounted cost. The City will share the cost by contributing $6,625 toward the purchase of the bear-resistant trashcans. Residents will share the cost by paying $50 each to purchase the bear-resistant trashcans, and the City will use those funds to purchase additional bear-resistant trashcans in the future (resulting in an estimated 36 additional cans.) Waste Pro of Florida is the current operator of the disposal facility and provided a competitive proposal quote for 125 Bear-resistant toters with no additional fees charged to residents to service cans.  The City estimates project administration costs at $2,000.  Funds available in the Solid Waste Management Fund. 

 

Recommendation:   Deputy Public Works Director recommends adoption of the Resolution.

 

 
8.K.Utilities Department - Ring Power Corporation - Five (5) Portable Generators - Purchase  (pp. 164-171)

Resolution authorizing the purchase of five (5) portable generators off a National Joint Powers Alliance Contract 080613-CAT from Ring Power Corporation, 401 N. Tomoka Farms Road, Daytona Beach, FL 32124 in the amount of $400,031.  The purchase of the generators will be used throughout the sanitary and stormwater lift station systems to minimize disruption and possible overflows due to storm events or power failures.  Funds available in the Water & Sewer 8% R&R and the Stormwater 8% R&R Funds.

 

Recommendation: Business Enterprise Management Director recommends adoption of the Resolution.

 
9.PUBLIC HEARINGS.
9.A.

Development and Administrative Services, Planning Division - Firetower Road - Large Scale Comprehensive Plan Amendment  (pp. 172-301)

Ordinance on second reading  - PUBLIC HEARING - adopting a Large Scale Comprehensive Plan Amendment (LSCPA) previously transmitted to state and local jurisdictions changing the Future Land Use Map (FLUM) designation from Urban Transition to General Industrial for 158.62± acres of land generally located north of International Speedway Boulevard and east of Indian Lake Road.  Applicant: Robert A. Merrell III, Esq., Cobb Cole, on behalf of Scott Bullock, Indigo Development LLC/Consolidated-Tomoka Land Co.

 

Richard Walton, Planning Director, to report.

 

Recommendation:  Planning Board recommends approval 6-to-0.

Action:  Motion to adopt Ordinance.

 
9.B.

Development and Administrative Services, Planning Division - Firetower Road - Rezoning, Planned Development-General  (pp. 302-376)

Ordinance on second reading - Quasi-Judicial Hearing - approving a request to rezone 850.2± acres of land located north of International Speedway Boulevard and east of  Indian Lake Road from Volusia County Agricultural (A-2) and City Heavy Industrial (M-5) to City Planned Development-General (PD-G) to allow for industrial uses and associated site improvements, and authorizing the Mayor to execute the Firetower Road Planned District Agreement.  Applicant: Robert A. Merrell III, Esq., Cobb Cole, on behalf of Scott Bullock, Indigo Development LLC/Consolidated–Tomoka Land Co.

 

Richard Walton, Planning Director, to report.

 

Recommendation:  Planning Board recommends approval 7-to-0.

Action:  Motion to adopt Ordinance.

 
9.C.Development and Administrative Services, Planning Division - Bellewood  Commons - Small Scale Comprehensive Plan Amendment  (pp. 377-452)

Ordinance on second reading - PUBLIC HEARING - adopting a Small Scale Comprehensive Plan Amendment changing a portion the Future Land Use Map designation for a 5± acres of land located at 1250 Beville Road as follows: .52± acre from Church to Level 2 Residential, 1.65± acres from Church to Retail, and .83± acre from Level 2 Residential to Retail.   Applicant: Robert A. Merrell III, Esq., Cobb Cole, on behalf of Neil T. Buck, JB Realty Partners, LLC.

 

Richard Walton, Planning Director, to report.

 

Recommendation:  Planning Board recommends approval 5-to-0.

Action:  Motion to adopt Ordinance.

 
9.D.

Development and Administrative Services, Planning Division  -  Bellewood Commons - Rezoning, Planned Development-General  (pp. 453-550)

Ordinance on second reading - Quasi-Judicial Hearing - approving a request to rezone 5± acres of land located at 1250 Beville Road from Multifamily Residential 20 (MFR-20) to Planned Development-General (PD-G) to allow for retail/commercial and residential units, and authorizing the Mayor to execute the Bellewood Commons Planned District Agreement.  Applicant: Robert A. Merrell III, Esq., Cobb Cole, on behalf of JB Realty Partners, LLC.

 

Richard Walton, Planning Director, to report.

 

Recommendation:  Planning Board recommends approval 5-to-0.

Action:  Motion to adopt Ordinance.

 
9.E.Engineering/Public Works Department - Cypress Park - Public Use Permit  (pp. 551-566)

Resolution - Quasi-judicial Hearing -  approving a Public Use Permit to allow an Electronic Message Center (EMC) sign located at the southeast corner of Nova Road and George Engram Blvd, in Cypress Park.  This administrative request would permit an Electronic Message Center sign on the subject property to be used to supplement the City's street banner program. 

 

David Waller - Deputy Public Works Director, to report.

 

Recommendation:  Deputy Public Works Director recommends adoption of the Resolution.

Action:  Motion to adopt Resolution.

 
9.F.Engineering/Public Works Department - Municipal Stadium - Public Use Permit  (pp. 567-581)

Resolution - Quasi-Judicial Hearing - approving a Public Use Permit to allow an Electronic Message Center (EMC) sign located at Municipal Stadium, replacing the existing monument sign, located 3917 LPGA Boulevard.  This administrative request would permit an Electronic Message Center sign on the subject property to be used to supplement the City's street banner program.

 

David Waller - Deputy Public Works Director, to report.

 

Recommendation:  Deputy Public Works Director recommends adoption of the Resolution.

Action:  Motion to adopt Resolution.

 
9.G.Engineering/Public Works Department - Riverfront Park - Public Use Permit  (pp. 582-600)

Resolution - Quasi-Judicial Hearing - approving a Public Use Permit to allow an Electronic Message Center (EMC) sign to be located on the north and south sides of  International Speedway Boulevard at the base of the existing ISB bridge. This administrative request would permit an EMC sign on the subject property to be used to supplement the City's street banner program. 

 

David Waller, Deputy Public Works Director, to report.

 

Recommendation:  Deputy Public Works Director recommends adoption of the Resolution.

Action:  Motion to adopt Resolution.

 
10.ADMINISTRATIVE ITEMS.
10.A.City Attorney - City Code Amendment - Chapter 22  (pp. 601-608)

Ordinance on first reading - amending the City Code as it relates to unsafe or dilapidated structures; deleting Chapter 22, Article II, City Code, in its entirety.

 

Robert Jagger, City Attorney, to report.

 

Recommendation:  City Attorney recommends passing the Ordinance on first reading.

Action:  Motion to pass the Ordinance on first reading.

    Note:  If passed, Public Hearing, July 19, 2017 


 
10.B.

Development and Administrative Services, Planning Division -  Land Development Code Text Amendment - Amend Article 2 and 9

(pp. 609-653) 

Ordinance on first reading - amending Article 2, Section 2.11.B.2.b. (Board of Building Codes), and Article 9, Section 9.2.B (Local Amendments to International Property Maintenance Code) to allow for consistency with the International Property Maintenance Code provisions relating to condemnation of unsafe or dilapidated structures within the City. Applicant: Development and Administrative Services Department, Planning Division.   

 

Richard Walton, Planning Director, to report.  

 

Recommendation: Planning Board  recommends approval 5-to-0.  

Action: Motion to pass the Ordinance on first reading.  

    Note:  If passed, Public Hearing, July 19, 2017.

 
10.C.

Development and Administrative Services, Planning Division - Clyde Park Office Suites - Small Scale Comprehensive Plan Amendment

(pp. 654-724)

Ordinance on first reading  - adopting a Small Scale Comprehensive Plan Amendment changing the Future Land Use Map designation for 1.8± acres of land located at the northeast corner of Integra Breeze Lane and Clyde Morris Boulevard from County-Urban Low Intensity to City-Office Transition.  Applicant: Colleen Miles, Land Development Resource Group, LLC, on behalf of Chris Butera, Clyde Park, LLC.

 

Richard Walton, Planning Director, to report.

 

Recommendation:  Planning Board recommends approval 5-to-0.

Action: Motion to pass the Ordinance on first reading.

    Note:  If passed, Public Hearing, July 19, 2017.

 
10.D.Development and Administrative Services, Planning Division - Clyde Park Office Suites - Rezoning, Planned Development-General  (pp. 725-748) 

Ordinance on first reading - approving a request to rezone 1.8± acres of land located at the northeast corner of Integra Breeze Lane and Clyde Morris Boulevard from Volusia County zoning of Urban Single-Family Residential (R2) to City zoning of Planned Development-General (PD-G), to allow a multi-building office complex, and authorizing the Mayor to execute the Clyde Park Office Suites Planned District Agreement.  Applicant: Colleen Miles, Land Development Resource Group LLC, on behalf of Chris Butera, Clyde Park, LLC.

 

Richard Walton, Planning Director, to report.

 

Recommendation:  Planning Board recommends approval 5-to-0.

Action:  Motion to pass the Ordinance on first reading.

    Note:  If passed, Public Hearing, July 19, 2017.

 
10.E.

Development and Administrative Services, Planning Division - Grand Isle - Planned Development-General - Time Extension  (pp. 749-817) 

Ordinance on first reading - approving a request to extend the expiration date of the Grand Isle Planned District Agreement for an additional two years to May 17, 2019.  Applicant: Joseph H. Hopkins, P.E., The Performance Group, Inc. on behalf of Shoreline Development V, LLC.

 

Richard Walton, Planning Director, to report.

 

RecommendationPlanning Board  recommends approval 5-to-0.

Action:  Motion to pass the Ordinance on first reading.

    Note:  If passed, Public Hearing, July 19, 2017.

 
10.F.Public Works Department - LED Display Message Boards, International Speedway Boulevard and George Engram Avenue – Construction Contract Award  (pp. 818-834)

Resolution approving a construction contract with Central Sign, 517 Mason Ave., Daytona Beach,, Florida 32117 in the amount of $113,950, for the installation of two (2) signs at the West entrance to the ISB Halifax River Bridge and one (1) sign at the corner of George Engram at Nova Road.  The signs would advertise and promote activities taking place in The City of Daytona Beach including but not limited to the Peabody Auditorium, the Bandshell, and Downtown activities.  Funds available in the Capital Projects Fund. 

 

Recommendation: Deputy Public Works Director recommends adoption of the Resolution. 

 
10.G.

City Manager's Office - Sweetheart Trail - Bookland Bridge  (pp. 835-836)

 

Resolution naming the portion of The Sweetheart Trail that runs over the Halifax River and under the International Speedway Boulevard Bridge, the "Bookland Bridge.".

 

Recommendation:  Commission Action.

Action:  Motion to adopt the Resolution.

 
11.PUBLIC COMMENTS - DURING THIS TIME CITIZENS HAVE THE OPPORTUNITY TO ADDRESS THE CITY COMMISSION ON ANY MATTER THAT IS NOT ON THE AGENDA.
12.COMMENTS AND INQUIRIES FROM THE CITY COMMISSION - CITY MANAGER AND CITY ATTORNEY REPORT.
13.ADJOURNMENT.