THE CITY OF DAYTONA BEACH

Regular Meeting - CITY COMMISSION

October 18, 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 September 20, 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.

BEAUTIFICATION AWARDS - OCTOBER 2017  (pp. 12-14)

Residential Award:

 

Roy and Vivian Lee, 1333 Mollie Road, Commissioner Ruth Trager, Zone 1, to present.

 

Commercial Award:

 

The Preserve at Rivers Edge, 1401 South Palmetto Avenue, Mayor Derrick L. Henry to present.

 
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.

Human Resources/Risk Management - Assignment and Amendment of Safety Training and Consulting Services Contract  (pp. 16-25) 

Resolution ratifying the contract assignment and amendment between the City and our safety training and consulting services provider, Salvation Safety, LLC, P.O. Box 236727, Cocoa Beach, Florida 32923 for the fourth and final contract renewal with all other terms and conditions remaining the same, for the contract period of October 1, 2017 though September 30, 2018.  Resolution No. 13-256 authorized the approval of a contract with Alpha-Omega Training and Compliance, Inc. to provide safety inspections of City facilities and safety training for City employees.  The parent company, Alpha-Omega Endeavors, LLC transitioned all of its safety operations from its subsidiary company, Alpha-Omega Training and Compliance, to its sister company, Salvation Safety, LLC.  By reducing overhead, the consultant has reduced it's daily fee for training and consulting services from $1,492 per day to $1,460 per day.  Therefore, it is necessary to amend the contract at the fourth and final renewal to incorporate the name change and rate reduction.  Due to time constraints, it was recommended that the City Manager approve the renewal and we ratify the amended contract through the City Commission at a  later date.  Funds available in the Consolidate Insurance Fund.

 

Recommendation:  Human Resources Director recommends adoption of the Resolution.

 
8.B.Cultural Services and Community Events Department - lla's Diamonds, LLC  dba F.R.E.S.H. Book Festival Grant  (pp. 26-35)

Resolution approving a $15,000 grant to Ms. Donna M. Grey-Banks, President of Ila’s Diamonds LLC, dba F.R.E.S.H. Book Festival for the 7th Annual Fresh Book workshops and festival to be held in 2018.  A total of four (4) workshops are planned throughout the year and the Book Festival is scheduled for January 19 and 20, 2018 at the Midtown Cultural and Educational Facility.  The grant supersedes and terminates the prior $6,000 grant agreement which was approved by Resolution No. 16-15.  Over the past six (6) years the Festival has continued to grow with additional workshops, authors, a film festival and increased usage of the entire Midtown Cultural and Educational Facility.  Consequently, the City fees have increased to cover the cost of the increased usage.  The $15,000 City grant shall be applied first to any unpaid portion of the City permit-related fees charged pursuant to City ordinance and regulations for the event series and festival.  The balance of the grant funds shall be applied toward contracted costs incurred in conducting the event.  Ms. Banks is pursuing other sponsorships to help cover the total cost of the events.  The 2018 festival featuring a variety of authors and guest speakers will continue to pursue the Festival’s goal of educating the community on the value of literacy and helps the City meet the requirements of the Echo grant which was awarded to build the Midtown Cultural and Educational Facility.  Funds available in the General Fund.

 

Recommendation:  Cultural Services and Community Events Director recommends adoption of the Resolution.

 
8.C.Police Department - Daytona Wrecker Service - Wrecker Service Agreement Amendment - Rate Increase  (pp. 36-67)

Resolution amending the Wrecker Service Agreement between the City and Daytona Wrecker Service, 628 Railway Street, Daytona Beach, Florida 32114 to reflect a rate increase to their towing and storage fees. The original agreement was approved by Ordinance No. 09-67 for a 5 year period with one (1) five (5) year option to renew.  The City Manager was given authority to renew the lease, and in 2014 it was renewed for another 5 year term.  Daytona Wrecker is requesting an increase to the fees reflected on the Towing Rate Structure, Exhibit "B", of the Agreement. There have been no previous rate increase requests from Daytona Wrecker Services since the execution of the contact.   

 

Recommendation: Chief of Police Recommends adoption of the Resolution.

 
8.D.Utilities Department - CH2M Hill Engineers, Inc., - Bennett Swamp Aquifer Recharge Project - Work Authorization No. 10   pp. 68-97)

Resolution approving Work Authorization No. 10 in the amount of $274,915.41 to Contract No. 6235-CH, with CH2M Hill Engineers Inc., 225 E Robinson Street, Suite 505, Orlando FL, 32801-4321.  The City was awarded two (2) grants for the Bennett Swamp Aquifer Recharge project.  One grant was from the St. John’s River Water Management District (SJRWMD) valued at $1.7 million and the second grant was from the Florida Department of Environmental Protection (FDEP) valued at $2.5 million.  The FDEP grant requires that the City develop a Quality Assurance Performance Plan (QAPP).  This QAPP was designed to compare the stated outcome in the grant to the actual tested outcomes.  To fully comply with the QAPP the City is obligated to purchase and install equipment to perform the required testing, analyze data and submit the reports to FDEP relative to the data collected.  The SJRWMD Cost Share Grant will reimburse 33% of the labor and equipment cost.  The FDEP grant will reimburse 50% of the total cost of the labor, equipment and laboratory testing.  Funds available in the Renewal & Replacement 8% Fund ($98,779.68) and the Water & Sewer Improvement Construction Fund ( $176,135.73). 

 

Recommendation:  Business Enterprise Director recommends adoption of the Resolution.

 

 
8.E.Public Works/Engineering Department - Cardno - Work Authorization No. 15  (pp. 98-127)

Resolution approving Work Authorization No. 15 in the amount of $73,151 to Contract 2010-18-CA with Cardno, 380 Park Place Boulevard, Suite 300, Clearwater, Florida  33759.  The Clyde Morris Boulevard Brownfields site has the presence of a free product contaminant covering approximately 1.7 acres.  This project is in the initial stages of contaminate remediation and over the last year approximately 3,800 gallons of free product contaminant was recovered.  Work Authorization No. 15 will allow for the installation of one Florida Department of Environmental Protection (FDEP) required monitoring well, four quarters of Phase One Remedial Action activities, two semiannual sampling events, and two FDEP status reports.  Work to be completed as further described in Cardno proposal dated September 15, 2017.  Funds available in the Solid Waste Management Fund.

 

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

 
8.F.

Finance Department - Allocation of Bike Week Sponsorship Funds

(pp. 128-129)


Resolution authorizing payment from the General Fund in the amount of:

 

$250 to Easter Seal Society of Volusia and Flagler Counties, Inc., for a general donation and $500 to Campbell Middle School for a general donation from the Bike Week Sponsorship Funds of Mayor Derrick Henry.

 

$500 to Easter Seal Society of Volusia and Flagler Counties, Inc., for a general donation from the Bike Week Sponsorship Funds of Commissioner Robert Gilliland.

 

$500 to Easter Seal Society of Volusia and Flagler Counties, Inc., for a general donation from the Bike Week Sponsorship Funds of Commissioner Paula Reed.

 

Recommendation:  Chief Financial Officer recommends adoption of the Resolution.

 
8.G.Finance Department -  Allocation of Bike Week Sponsorship Funds  **Addendum added 10-18-17**

Resolution authorizing payment from the General Fund in the amount of:

 

$250 to Campbell Middle School for a general donation, $250 to Easter Seal Society of Volusia and Flagler Counties, Inc., for a general donation; and $250 to Early Learning Coalition of Flagler and Volusia Counties, Inc., for the Dolly Parton Imagination Library Program.

 

Recommendation:  Chief Financial Officer recommends adoption of the Resolution.

 
9.PUBLIC HEARINGS.
9.A.

Development and Administrative Services, Redevelopment Division - Victory Tattoo - Rezoning, Planned Development-Redevelopment

(pp. 130-238)

Ordinance on second reading - Quasi-Judicial Hearing - approving a request to rezone .03± acres of land located at 514 Main Street from Beachside Redevelopment-Specialty Retail (RDB-2) to Planned Development-Redevelopment (PD-RD), to allow for a tattoo establishment. The Planned District Agreement includes a provision that the property shall be open and operating for a minimum of 336 days per year, six (6) hours per day, and allow a minor modification to the provision in the event of demonstrable hardship.  Applicant: Rachel Pringle, Esq., Cobb Cole, on behalf of Robert Ellis, Victory Tattoo.     

 

Reed Berger, Redevelopment Director, to report.     

 

Recommendation:  Beachside Redevelopment Board recommends approval 6-to-1.  Planning Board recommends approval 6-to-0.        

Action:  Motion to adopt the Ordinance.      

 
9.B.

Development and Administrative Services, Planning Division - Afshari LPGA - Rezoning, Planned Development-General  (pp. 239-291)

Ordinance on second reading - Quasi-Judicial Hearing - approving a request to rezone 4.5± acres of land located at the northeast corner of LPGA Boulevard and Concierge Boulevard from Planned Development-General (Sun Trust LPGA PD) to Planned Development-General (Afshari LPGA PD) to allow for restaurant and office uses.  Applicant: G. Larry Sims, Doran Sims Wolfe & Ciocchetti, on behalf of Afshari LPGA, LLC.

 

Richard Walton, Planning Director, to report.

 

Recommendation:  Continue item to the November 1, 2017 Regular City Commission Meeting at the request of the Applicant.

Action:  Motion to continue item.

 
9.C.Development and Administrative Services - Afshari LPGA Transportation Improvements Cost Allocation Agreement and Proportionate Fair-Share Contribution  (pp. 292-299)

Resolution - PUBLIC HEARING - authorizing the City to enter into the Afshari LPGA Transportation Improvements Cost Allocation Agreement with Afshari LPGA LLC ("Owner"), 26 Amsden Road, Ormond Beach, Florida 32174 to address traffic concurrency and roadway impacts and approving the proportionate fair-share contribution by Afshari LPGA LLC.  The agreement provides for contribution by Afshari LPGA LLC in the amount of $43,922 for the purpose of installing improvements in the impact area. The Owner will reconstruct the median on LPGA Boulevard at Concierge Boulevard to be a raised concrete median that restricts southbound left turns from the site onto LPGA Boulevard.  Additionally, the existing southbound left turn lane on Concierge Boulevard needs to be striped with reflective paint that restricts southbound left turns onto LPGA Boulevard and must be completed prior to the issuance of the first CO.

 

James S. Morris, Deputy City Manager, to report.

Recommendation:  Continue item to the November 1, 2017 Regular City Commission meeting at the request of the Applicant.

Action:  Motion to continue item.

 
10.ADMINISTRATIVE ITEMS.
10.A.Development and Administrative Services, Redevelopment Division- Land Development Code Text Amendment - Amend Article 6  (pp. 300-312)

Ordinance on first reading - amending Article 6.10.O. (Comprehensive Sign Plan) of the Land Development Code to allow a Comprehensive Sign Plan in a Tourist Accommodations (T-l) or Planned Development- Redevelopment (PD-RD) zoning district located on the east side of Atlantic Avenue, south of International Speedway Boulevard on sites consisting of at least 6 acres. Applicant: Robert A. Merrell III. Esq.. Cobb Cole, on behalf of Daytona JV LLC.

 

Reed Berger, Redevelopment Director, to report.

Recommendation:   Planning Board recommends approval 6-0.

Action:   Motion to pass the Ordinance on first reading.

     Note:  If passed, Public Hearing, November 1, 2017.

 
10.B.Development and Administrative Services - Brown & Brown Grant Agreement  

Resolution approving an Economic Development Grant Agreement with Brown & Brown Insurance, Inc.

 

Robert Jagger, City Attorney, to report. 

 
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.