Items 1 - 3

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

Item 4

APPROVAL OF MINUTES.
Approval of Minutes
Approval of the minutes of the April 19, 2017 Regular Meeting of the City
Commission held at City Hall, 301 South Ridgewood Avenue, Daytona
Beach, Florida.

Item 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.

Item 7

CITIZENS.
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.

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. (ONLY MEMBERS OF
THE CITY COMMISSION MAY REMOVE ITEMS FROM THE AGENDA).

8.A. City Attorney - Asya Nelson - Settlement of Claim (pp. 12-15)
Resolution authorizing payment in the amount of $60,000 to Asya Nelson
and her attorney, Stefano Batista-Cagan, Esq., of Morgan & Morgan, for
release and full settlement of all claims arising from injuries sustained on
April 24, 2015, from a trip and fall incident on City Property.
Funds available in the Consolidated Insurance Fund.
Recommendation: City Attorney recommends adoption of the Resolution.

8.B. Public Works/Administration - Disaster Debris Removal, Reduction, and
Disposal Services – Contract Renewal (pp. 16-61)
Resolution approving contract renewals for the following frms: (1) DRC
Emergency Services, LLC, West Palm Beach, Florida; (2) D & J Enterprises,
Inc., Auburn, Alabama; and (3) Ceres Environmental Services, Inc., Sarasota,
Florida. In order to be prepared to protect the City and assist in the recovery
of a disaster event, the City has the above mentioned frms under contract to
assist with Disaster Debris Removal, Reduction, and Disposal Services. The
contracts provide the frms to be on standby in the event that the City of
Daytona Beach experiences natural or man-made disaster that causes
damages that exceed the ability of City crews to address in a timely manner.
The initial term of the three (3) contracts are for a fve-year period with the
option to renew for one additional fve-year term by providing the Contractor
written notice. Cost to the City is incurred only in the event of a work
authorization issued upon an actual disaster event or when an actual disaster
is imminent. No funding is requested or required at this time. Actual
charges to the City will be based upon actual quantities of work units
performed and will accrue only upon subsequent authorization for assistance
for an actual disaster event.
Recommendation: Deputy Public Works Director recommends adoption
of the Resolution.

8.C. Engineering/Public Works Department - Carter Electric, Inc - Orange
Avenue Stormwater Remediation and Infrastructure Improvements - Change
Order No. 3 (pp. 62-112)
Resolution authorizing Change Order No. 3 to Contract No. ITB 0315-0560
with Carter Electric Company, Inc., 231 Jean Street, Daytona Beach, Florida
32114, in the amount of $2,356.58 and for the addition of 273 contract days.
The change order is necessary to address a multitude of revisions resulting
from various unforeseen feld conditions, please reference Change Order No.
3 for specifc details regarding the feld conditions and the necessary
corrective actions. The revised Substantial Completion will now be 725 days
after the commencement date and the Final Completion will now be 755
Days after the commencement date for the Contract, which was approved via
Resolution 15-99 with Carter Electric Company, Inc.
Funds available in the
Capital Projects Fund.
Recommendation: Deputy Public Works Director recommends adoption
of the Resolution.

8.D. Utilities Department - Envirotech - Wastewater Plants Chemical - Lowest
Best Responsive Bid (pp. 113-121)
Resolution awarding the lowest best responsive bid to Envirotech, 500
Winmoor Way, Modesto, CA 95358 for Peracetic Acid (PAA) at $4.01 per
pound for FY 2016-2017 with four (4) one year renewal options along with
stipulations. PAA is injected into the reuse water stream before entering the
UV Disinfection System. PAA improves the reuse water quality by reducing
various microorganisms, produces a basic level of disinfection should the UV
Disinfection System be lost in an extreme storm event and improves the
performance of the UV Disinfection System by cleaning the UV bulbs.
Funds available in theWater and Sewer Fund.
Recommendation: Business Enterprise Management Director recommends
adoption of the Resolution.

8.E. Utilities Department - Shelley's Environmental Systems - Biosolids Disposal
Services - Lowest Best Responsive Bid (pp. 122-141)
Resolution awarding the lowest best responsive bid to Shelley’s
Environmental Systems, P.O. Box 249, Zellwood, FL 32798 for a three year
Biosolid Disposal Services contract at the rate of $47.85 per wet ton;
authorizing the estimated expenditure of $313,600 for FY 2016-2017; and
authorizing the City Manager to expend budgeted funds as needed during the
remaining terms of the contract. The City is required under state and federal
regulations to dispose of biosolids from our Regional Wastewater Facility
into an approved disposal site. Funds available in the Water and Sewer
Operating Fund.
Recommendation: Business Enterprise Management Director recommends
adoption of the Resolution.

Items 9A & 9B

9.A. Development and Administrative Services, Planning Division - Sam's Club -
Small Scale Comprehensive Plan Amendment (pp. 142-180)
Ordinance on second reading - PUBLIC HEARING - adopting a Small
Scale Comprehensive Plan Amendment changing the Future Land Use Map
designation for 3.5± acres located in the southwest corner of LPGA
Boulevard and Outlet Boulevard from General Industrial and Mixed Use to
Interchange Commercial to achieve a consistent Future Land Use for the
site. Applicant: Jeffrey Hodgkinson, P.E., Wolverton & Associates, Inc. and
Robert A. Merrell III, Esq., Cobb Cole, on behalf of Sams' East, Inc. and
NADG TOMOKA LP.
Richard Walton, Planning Director, to report.
Recommendation: Planning Board recommends approval 5-to-0.
Action: Motion to adopt the Ordinance.

9.B. Development and Administrative Services, Planning Division - Sam's Club -
Rezoning, Planned Development-General (pp. 181-253)
Ordinance on second reading - Quasi-Judicial Hearing - approving a
request to rezone 22.5± acres of land located in the southwest corner of
LPGA Boulevard and Outlet Boulevard from Industrial Park (M-4) to
Planned Development-General (PD-G) to allow the construction of up to
150,000 square foot building and associated site improvements, and
authorizing the Mayor to execute the Daytona (North) Sam's Club Planned
District Agreement which includes the proportionate fair share commitment
of $487,681.90 for road improvements. The development will include a
Sam's Club and fueling station and allow for future development of three
separate outparcels for additional retail opportunities. Applicant: Jeffrey
Hodgkinson, P.E., Wolverton & Associates Inc. and Robert A. Merrell III,
Esq., Cobb Cole, on behalf of Sam's East, Inc. and NADG TOMOKA LP.
Richard Walton, Planning Director, to report.
Recommendation: Planning Board recommends approval 7-to-0.
Action: Motion to adopt the Ordinance.

Item 10A

Development and Administrative Services, Planning Division - Rent A
Wheel - Rezoning to Planned Development - Redevelopment (PD-RD)
(pp. 254-310)
Ordinance on First Reading - approving a request to rezone .3± acres of
land located at 907 W. International Speedway Boulevard from
Redevelopment Midtown – Neighborhood Transition Mixed Use (RDM-5) to
Planned Development-Redevelopment (PD-RD) to allow retail sales and
services related to automotive uses, and authorizing the Mayor to execute the
Rent A Wheel Planned District Agreement. Applicant: Robert A. Merrell
III, Esq., Cobb Cole, on behalf of Mike Farrar, JDM Florida Real Estate
LLC.
Reed Berger, Redevelopment Director, to report.
Recommendation: Midtown Redevelopment Board recommends approval 4-
to-0 and the Planning Board recommends approval 6-to-0.
Action: Motion to pass the Ordinance on frst reading.
Note: If passed, Public Hearing May 17, 2017.

Item 10B

City Attorney - Appointment of a Special Magistrate (pp. 311-314)
Resolution appointing Robert J. Riggio, a local attorney, as a Special
Magistrate at a rate of $125.00 per hour. The term of the appointed member
will commence upon the initiation of his frst proceeding as a Special
Magistrate.
Robert Jagger, City Attorney, to report.
Recommendation: City Attorney recommends adoption of the Resolution.
Action: Motion to adopt the Resolution.

Item 11

11.A. Discussion - City Code and LDC Amendments (pp. 315-343)
Discussion - Amendment of Chapter 22, City Code, and sec. 9.2.B., Land
Development Code, to be more consistent with the International property
Maintenance Code, as it relates to unsafe or dilapidated structures. Chapter
22, City Code, is to be deleted in its entirety, and sec. 9.2.B.3. is to be
deleted.

Item 12

PUBLIC COMMENTS - DURING THIS TIME CITIZENS HAVE THE
OPPORTUNITY TO ADDRESS THE CITY COMMISSION ON ANY
MATTER THAT IS NOT ON THE AGENDA.

Items 13 & 14

13. COMMENTS AND INQUIRIES FROM THE CITY COMMISSION - CITY
MANAGER AND CITY ATTORNEY REPORT.
14. ADJOURNMENT.