Items 1 - 3

1. ROLL CALL.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG

Item 4

APPROVAL OF MINUTES.
4A. Approval of Minutes
Approval of the minutes of the February 17, 2016 and the March 2, 2016, Regular City
Commission Meeting held at City Hall, 301 South Ridgewood Avenue, Daytona Beach,
Florida.

Item 5

AGENDA APPROVAL.
THOSE MATTERS INCLUDED UNDER THE CONSENT AGENDA ARE SELFEXPLANATORY
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.

Item 6A

PRESENTATION.
6A. Presentation - International Speedway Corporation (ISC) - Special Recognition
(pp. 15-16)
Presentation by Joie Chitwood, President, Daytona International Speedway (ISC),
thanking the Commission, City Manager, and City Staff for their part in the successful
completion of DAYTONA Rising.

Item 6B

BEAUTIFICATION AWARDS - MARCH 2016 (pp. 17-19)
Residential Award:
Samuel Rogers, 567 South Street, Commissioner Paula R. Reed, Zone 6, to present.
Commercial Award:
Applebee's Restaurant, 1700 West International Speedway Boulevard, Mayor Derrick
L. Henry to present.

Public Comment

CITIZENS.
7A. 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 or any other matter that is not on the Agenda.

Consent Agenda

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.
NovusAGENDA
http://agenda.codb.us/PublicWeb/MeetingView.aspx?MeetingID=337&MinutesMeetingID=-1&doctype=Agenda[3/11/2016 9:04:35 AM]
(ONLY MEMBERS OF THE CITY COMMISSION MAY REMOVE ITEMS FROM THE
AGENDA).
8A. Public Works - Derbyshire Park PH II Improvements - Grant Acceptance (pp. 21-27)
Resolution authorizing acceptance of the grant from Daytona Beach Racing and
Recreational District in the amount of $149,700, approving the project budget, and
authorizing the amendment of the budget to adjust revenues and expenditures in
connection with the grant funds awarded for the Derbyshire Park Improvements.
Funds available in the Grant Projects Fund.
Recommendation: Deputy Public Works Director recommends adoption of the
Resolution.
8B. Public Works - Daytona Beach Day Docks - Florida Inland Navigation District (FIND)
and the Florida Boating Improvement Program (FBIP) - Grant Approval (pp. 28-78)
Resolution approving the submission of the Florida Inland Navigation District (FIND)
and the Florida Boating Improvement Program (FBIP) grants for reimbursement of up
to 50 percent of the estimated construction cost of $1,363,000 for the Day Docks in
Riverfront Park.
Recommendation: Deputy Public Works Director recommends adoption of the
Resolution.
8C. Risk Management - Excess Workers' Compensation and Liability Insurance Coverage -
Proposal Acceptance (pp. 79-103)
Resolution accepting the proposal submitted by Brown & Brown of Florida, as the
City's property and casualty broker, for excess workers' compensation coverage with
Arch Insurance Company, 300 Plaza Three, Jersey City, NJ 07311; and excess liability
insurance coverage with Lexington Insurance Company, 99 High Street, 23rd Floor,
Boston, MA 02110, for a combined annual premium including surcharges and fees of
$395,831. Funds available in the Consolidated Insurance Fund.
Recommendation: Human Resources Director recommends adoption of the
Resolution.
8D. Utilities Department - City of Daytona Beach and City of Port Orange - Interlocal
Agreement (pp. 104-116)
Resolution approving an Interlocal Agreement for potable water interconnection
between the City of Daytona Beach and City of Port Orange. The Interlocal Agreement
approved by Resolution 03-442 has expired and both cities are desirous of approving a
new agreement. The initial term of this agreement is four years and will automatically
renew up to three additional terms of four years each. The reciprocal rate is $4.24 per
thousand gallons with increases to the rate from time to time. The agreement may be
cancelled by either party as outlined in the terms of the agreement.
Recommendation: Utilities Director recommends adoption of the Resolution.
8E. Business Enterprise Management Department - Higherways Media Corporation -
Commercial Lease Agreement (pp. 117-153)
NovusAGENDA
http://agenda.codb.us/PublicWeb/MeetingView.aspx?MeetingID=337&MinutesMeetingID=-1&doctype=Agenda[3/11/2016 9:04:35 AM]
Resolution approving a commercial lease agreement between the City and Higherways
Media Corporation, 125 Basin St., Suite 205, Daytona Beach, FL 32114, to lease
approximately 8,892 square feet of commercial space at Halifax Harbor Plaza for a
ten year term commencing April 1, 2016 with two five-year renewal options, in order to
open a Not-for-Profit Christian-based publishing company. Higherways Media
Corporation will be responsible for all costs, charges, and maintenance for their leased
space.
Recommendation: Business Enterprise Management Director recommends
adoption of the Resolution.
8F. Public Works Department - 2016 Streets Milling and Resurfacing Term Contract -
Amendment No.1 (pp. 154-210)
Resolution approving Amendment No.1 to the 2016 Street Milling and Resurfacing
Term Contract No. 0115-2650. This amendment is issued pursuant to the written
Contract for P&S Paving, approved by City Resolution No. 15-270, to provide unit
prices for ADA roadway improvements and is based on the mutual valuable
consideration to add Bid Schedule Items 21 through 30 and Technical Provisions
FDOT Specifications 110, 120, 425, 430, 520, 522, and 527.
Recommendation: Deputy Public Works Director recommends adoption
of the Resolution.
8G. Police Department - GeoShield Real Time Crime Center CyberTech Systems and
Software Agreement - Amendment No. 1 (pp. 211-222)
Resolution approving Amendment No. 1 to the GeoShield Real Time Crime Center
CyberTech Systems and Software Agreement and approving expenditures of up to
$39,000. CyberTech is the city's sole provider in customizable templates to meet the
needs of Daytona Beach's criminal activities. The current agreement allows user
interface that provides increased situational awareness for Law Enforcement Agencies,
with a renewal of support for one year. The amendment will provide additional
modules that will enhance the operations on the Real Time Crime Center (RTCC)
systems and software along with two years of software support. Funds available in the
General Fund.
Recommendation: Chief of Police recommends adoption of the Resolution.
8H. Public Works - International Speedway Boulevard (ISB) Bridge - Halifax River -
Change Order No.1 (pp. 223-230)
Resolution approving Change Order No. 1 to Contract 0316-2860 with Viktor
Construction Corp., P. O. Box 1366, Tarpon Springs, FL 34688-1366 for additional
funds of $29,646, for painting of the light poles in the median of the International
Speedway Bridge (ISB) across the Halifax River. Funds available in the General
Funds.
Recommendation: Deputy Public Works Director recommends adoption of
the Resolution.
8I. Public Works - Traveler Corp. d/b/a Traveler Elevator - Elevator Maintenance Service
Contract - Low Bid Acceptance (pp. 231-251)
Resolution accepting the low, responsive and responsible bid from Traveler Corp. d/b/a
NovusAGENDA
http://agenda.codb.us/PublicWeb/MeetingView.aspx?MeetingID=337&MinutesMeetingID=-1&doctype=Agenda[3/11/2016 9:04:35 AM]
Traveler Elevator, 1010 East Adams Street, Suite 126, Jacksonville, FL. 32202 for the
citywide annual elevator maintenance service contract in the amount of $36,021.29, the
contract is for a 16-month term beginning March 2016 and ending July 16, 2017.
Elevator maintenance and inspection will include all City of Daytona Beach facilities
except for the City Pier which is currently under contract until 6-17-2017. Funds
available in the amount of $15,759.33 for FY 2016 in various accounts. The remaining
funds of $20,261.96, will be available contingent upon the adoption of the FY 2017
budget.
Recommendation: Deputy Public Works Director recommends adoption of the
Resolution.
8J. Utilities Department - Florida Executive Security Agency - Security Guard and
Ancillary Services - Low Bid Acceptance (pp. 252-269)
Resolution accepting the low, responsive and responsible bid from Florida Executive
Security Agency, Inc., 12805 SW 84th Ave., Pinecrest, FL 33156 in the amount of
$26,390, for uniformed security guard service and ancillary services at the Utilities
Department LPGA Complex, to comply with Homeland Security Regulations. Funds
available in the Water & Sewer Fund.
Recommendation: Utilities Director recommends adoption of the Resolution.
8K. Public Works Department - Midtown Auxiliary Building - Saboungi Construction, Inc.
- Low Bid Acceptance (pp. 270-283)
Resolution accepting the low, responsive bid from Saboungi Construction Inc., 290
North US Highway 1, Ormond Beach. FL 32174 in the amount of $123,400, to
construct a new Auxiliary Building at The Midtown Cultural Services Center. The
Center has limited storage areas and items are being stored in corridors and in
mechanical/electrical rooms, creating limited pathways and potential tripping hazards
for citizens and visitors using the facility. Resolution 13-92 approved and accepted a
grant from the Daytona Beach Racing and Recreation Facilities District in the amount
of $78,000 that will be used for this project and the City will be responsible for the
remaining balance of $45,400. Funds available in the General Fund and the Grant
Project Fund.
Recommendation: Deputy Public Works Director recommends adoption of the
Resolution.
8L. Business Enterprise Management Department - Public Utilities -Vehicle
Replacements (pp. 284-297)
Resolution authorizing the purchase of (17) replacement vehicles for Public Utilities
from the Florida Sheriff's Association Bid 15-23-0904 and 15-13-0904, specifications
004, 26, 32, 33, 45, 51, and 57, with options from Alan Jay Fleet Sales, P. O. Box 9200,
Sebring, FL 33871 in the amount of $520,996.15. A program for vehicle replacement
has been budgeted for Public Utilities and is part of the overall vehicle replacement
program for the entire City fleet. Funds available in the Water & Sewer Improvement
and the Stormwater Improvement Fund.
Recommendation: Business Enterprise Management Director recommends
adoption of the Resolution.
8M. Allocation of Bike Week Funds (pp. 298-299)
NovusAGENDA
http://agenda.codb.us/PublicWeb/MeetingView.aspx?MeetingID=337&MinutesMeetingID=-1&doctype=Agenda[3/11/2016 9:04:35 AM]
Resolution authorizing payment from the General Fund in the amount of:
$500 to Cultural Services for the 2016 Daytona Beach Mayor's Fitness Challenge and
$500 to Mainland High School for the Mainland Boys Baseball program from the Bike
Week Sponsorship Funds of Mayor Derrick Henry.
$100 to Cultural Services for the 2016 Daytona Beach Mayor's Fitness Challenge from
the Bike Week Sponsorship Funds of Commissioner Kelly White.
$500 to United Way of Volusia-Flagler Counties, Inc. for a recognition event honoring
The Campaign for Working Families from the Bike Week Sponsorship Funds of
Commissioner Paula Reed.
Recommendation:

Item 9A

City Code - Deletion of Section 86-31 and amendment of Section 86-34, Public
Property (pp. 300-302)
Ordinance on second reading - PUBLIC HEARING - deleting sec. 86-31, City Code,
"Trespass on public property," and amending sec. 86-34, City Code, "Entering or
refusing to leave public property," to clarify that violation of City Code or regulations,
including park rules, is a punishable offense.
Robert Jagger, Acting City Attorney, to report
Recommendation: Commission Action.
Action: Motion to adopt the Ordinance.

Item 9B

Fields of Daytona - Rezoning (pp. 303-329)
Ordinance on second reading - PUBLIC HEARING - approving the rezoning of 5.1±
acres of land located at 1700 Mason Avenue from Business Automotive (BA) to
Planned Development-General (PD-G) to add automotive wrecker service as a
permitted use and allow for associated site improvements. Applicant: Alan C.
Sheppard, Jr., Esq., and Parker Mynchenberg, Parker Mynchenberg and Associates, on
behalf of Fields of Daytona, LLC.
Richard Walton, Planning Director, to report.
Recommendation: Planning Board recommends approval 4-to-1.
Action: Motion to adopt the Ordinance.

Item 9C

Halifax Habitat Village - First Amendment to the Planned District Agreement
(pp. 330-394)
Ordinance on second reading - PUBLIC HEARING - approving the First
Amendment to the Planned District Agreement for Halifax Habitat Village, located at
1410 LPGA Boulevard, to extend the expiration date by an additional seven
years. Applicant: Robert A. Merrell III, Esq., Cobb Cole, on behalf of Halifax Habitat
for Humanity, Inc.
Richard Walton, Planning Director, to report.
Recommendation: Planning Board recommends approval 5-to-0.
Action: Motion to adopt the Ordinance.

Item 9D

Daytona Plaza - First Amendment to the Planned District Agreement (pp. 395-418)
Ordinance on second reading - PUBLIC HEARING - approving the First
Amendment to the Planned District Agreement for Daytona Plaza, located at 1300-
1388 W. International Speedway Boulevard, to add other indoor
recreation/entertainment use to the list of permitted uses. Applicant: Sammy Salem, on
behalf of Gator Daytona Partners, LTD.
Richard Walton, Planning Director, to report.
Recommendation: Planning Board recommends approval 5-to-0.
Action: Motion to adopt the Ordinance.

Item 9E

Daytona Beach Kennel Club - Fourth Amendment to the Planned District Agreement
(pp. 419-445)
Ordinance on second reading - PUBLIC HEARING - approving the Fourth
Amendment to the Planned District Agreement for the Daytona Beach Kennel Club,
located at 960 S. Williamson Boulevard, to add a permitted use for a solar energy
collection system and modify the development plan to accommodate the new
use. Applicant: Robert A. Merrell III, Esq., Cobb Cole, on behalf of Daytona Beach
Kennel Club.
Richard Walton, Planning Director, to report.
Recommendation: Planning Board recommends approval 5-to-0.
Action: Motion to adopt the Ordinance.

Item 9F

Police & Fire Pension Plan - Amendment (pp. 446-453)
Ordinance on second reading - PUBLIC HEARING - amending the City Charter
Subpart D - Police Officers' and Firefighters' Retirement System: amending Section 28
- Reemployment After Retirement; allowing a retired police officer to be reemployed as
Part-time Reserve Officers and Special Events Officers without having to forfeit their
pension benefit during such time of reemployment.
Recommendation: Human Resources Director recommends approval.
Action: Motion to adopt the Ordinance

Item 10A

ADMINISTRATIVE ITEMS.
10A.Development and Administrative Services, Planning Division - Daytona Beach
Housing Authority - Voluntary Annexation (pp. 454-476)
Ordinance on first reading - approving a voluntary annexation for 1.98+ acres of land
located between 8th and 9th Street and east of Derbyshire Road, presently located in the
County, but contiguous to the City. The applicant is seeking to annex this site that
consists of 27 improved multi-family units to be utilized by the Daytona Beach
Housing Authority. Applicant: Jeffrey C. Sweet, Esquire on behalf Daytona Beach
Housing Authority.

Richard Walton, Planning Director, to report.
Recommendation: Deputy City Manager/Administrative Services recommends
passing the Ordinance on first reading.
Action: Motion to pass the Ordinance on first reading.
Note: If passed, Public Hearing, April 6, 2016.

Item 10B

Finance Department - Water and Sewer Utility - Series 2016 Clean Water State
Revolving Fund Loan (pp. 477-480)
Ordinance on first reading - approving a loan application and loan agreement under
the Florida Department of Environmental Protection (FDEP) Clean Water State
Revolving Fund (CW SRF) program and authorizing the issuance of debt secured by
Water and Sewer Utility Revenues in an amount not to exceed $50,000,000. The
proceeds will be used to finance the Regional Treatment Plant Improvement project
including deep bed filters, RAS/WAS pump station and Bardenpho stage 5
and 3 upgrade, Rapid Infiltration Basin (RIB) project, Halifax River Force Main
project, and Palmetto Avenue Force Main Diversion project. While this request is for
an amount not to exceed $50,000,000, the City has already secured four grants totaling
$5,307,827 with various other grant applications in progress, and expects the loan
amount to be approximately $35,200,000. The source of funds for the repayment of the
loans will come from the net water and wastewater utility system revenues after
payment of operating and maintenance expenses and debt service; debt service
repayment is expected to start in FY2019-2020. In order to comply with the FDEP's
CW SRF loan program requirements, City Commission is required to: authorize the
loan application and the loan agreement, and designate a representative to execute both
documents. Pursuant to Section 46-92 of the City's Code of Ordinances, the State
Revolving Fund loan requires authorization by Ordinance. A separate agenda item will
be scheduled for the FDEP required Public Hearing and will recommend a resolution
adopting the Facilities Plan.
Patricia Bliss, Chief Financial Officer, to report.
Recommendation: Commission Action.
Action: Motion to pass Ordinance on first reading.
Note: If passed, Public Hearing, April 6, 2016.

Item 10C

Finance Department - Water and Sewer Utility - Bank Loan Series 2016 (pp. 481-484)
Ordinance on first reading - approving the issuance of debt secured by Water and
Sewer Utility Revenues in an amount not to exceed $6,550,000. The proceeds will be
used to finance the acquisition of new equipment for the City's water and wastewater
plants, to include emergency generators and plant process equipment. Pursuant to
Section 46-92 of the City's Code of Ordinances, the bank loan requires authorization by
Ordinance. A separate agenda item will recommend a resolution adopting
supplemental details of the bank loan and other covenants and provisions.
Patricia Bliss, Chief Financial Officer, to report.
Recommendation: Commission Action.
Action: Motion to pass Ordinance on first reading.
Note: If passed, Public Hearing, April 6, 2016.

Item 10D

10D.City Attorney - Gilbert and Debbie Jimenez, and Spreading The Word Without Saying

A Word Ministry - Settlement of Litigation (pp. 485-488)
Resolution authorizing settlement of a lawsuit filed in federal court against the City by
Gilbert and Debbie Jimenez, Spreading The Word Without Saying A Word Ministry, in
relation to the City's alleged arrests of Mr. and Mrs. Jimenez on May 7, 2014.
Settlement of the lawsuit would require the City to pay the Plaintiffs and their attorneys
$35,000, and to amend the City Code and policy relating to use of public property. The
settlement is contingent on the Plaintiffs filing a voluntary dismissal with prejudice, and
providing a written release of all claims. Funds available in the Consolidated Insurance
Fund.
Robert Jagger, Acting City Attorney, to report.
Recommendation: Commission Action.
Action: Motion to adopt the Resolution

Item 10E

City Attorney - Management Policy/Procedure No. 71 - Public Parks & Facilities,
Activities & Operational Guidelines - Amendment (pp. 489-495)
Resolution approving a revised Management Policy/Procedure No. 71 - Public Parks &
Facilities, Activities & Operational Guidelines, to prevent the overuse of individual
City parks for conducting food distribution activities in order to protect the parks from
damage and relieve the burden on parks and the surrounding neighborhoods by
regulating such activity.
Robert Jagger, Acting City Attorney, to report.
Recommendation: Commission Action.
Action: Motion to adopt the Resolution.

Item 10F

Code Enforcement Board - Appointment (pp. 496-501)
Resolution appointing one (1) member to the Code Enforcement Board. Members of
the board shall be a resident of the City. Appointments shall be made on the basis of
experience or interest in zoning and development, regulation, building regulations and
control, or other fields within the jurisdiction of the board. Whenever possible board
membership shall include an architect (A), a businessperson (BP), an engineer (E), a
general contractor (GC), a subcontractor (SC), and a realtor(R).
We have one vacancy and one application from Vernon Weatherholtz.
Betty Goodman, Assistant City Manager, to report.
Recommendation: Commission Action.
Action: Motion to adopt the Resolution.

Item 10G

Beachside Redevelopment Board - Appointments (pp. 502-528)
Resolution appointing three (3) members to the Beachside Redevelopment Board. The
membership terms of Dino P Paspalakis (termed out), Linda Miller and Suzanne
Ramsey have expired. Ms. Miller and Ms. Ramsey would like to be reappointed.
Additionally, James Newman has accepted the nomination as the Planning Board's
representative to serve on this board. The board shall consist of seven (7) members and
a Planning Board member who shall serve as an ex officio non voting member appointed by the City Commission. Members shall reside or have their principal place
of business in either the Main Street Redevelopment Area (MSRA) or the South
Atlantic Redevelopment Area (SARA). A majority of the board members shall be
residents of the City.
We have the following additional applications: Joseph Alfonso, Robert Campbell,
William Chapin, Dominique DeLannoy, and Judith Flaherty.
Betty Goodman, Assistant City Manager, to report.
Recommendation: Commission action.
Action: Motion to adopt the Resolution.

Item 10H

Downtown Redevelopment Board - Appointments (pp. 529-539)
Resolution appointing three (3) members to the Downtown Redevelopment Board. The
membership terms of Mark 'Buddy' Budiansky, Harold Goodemote and Jack White
have expired. Mark 'Buddy' Budiansky and Harold Goodemote would like to continue
to serve. The board shall consist of seven (7) members appointed by the City
Commission and one (1) Planning Board member who shall serve as an ex officio
nonvoting member. Membership shall include six (6) members who reside or have
their principal place of business in either the Downtown Redevelopment Area (DRA)
or the Ballough Road Redevelopment Area (BRRA) and one (1) member of the
Downtown Development Authority, who shall serve ex-officio (DDA). A majority of
the board members shall be residents of the City.
We have one additional application from Scott Weidman.
Betty Goodman, Assistant City Manager, to report.
Recommendation: Commission action.
Action: Motion to adopt the Resolution.

Additional Item

Additional Item

Items 11 & 12

11. COMMENTS AND INQUIRIES FROM THE CITY COMMISSION - CITY
MANAGER AND CITY ATTORNEY REPORT.
12. ADJOURNMENT.