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 November 18, 2015 Regular City Commission Meeting
will be presented at the December 16, 2015 Regular City Commission Meeting.

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.

Additional Item

Additional Item

Item 6

CITIZENS
6A.PUBLIC COMMENT BY 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.
(ONLY MEMBERS OF THE CITY COMMISSION MAY REMOVE ITEMS FROM THE
AGENDA).
7A.Final Budget Amendment - FY 2014/15 (pp. 15-21)
Resolution amending Resolution 14-343 which adopted the FY 2014/15 budget in order
to increase revenues by $ 1,600,145; increase operating expenditures by $ 707,554; and
increase capital expenditures and transfers by $ 892,591.
Recommendation: Budget Officer recommends adoption of the Resolution.
7B. Public Works - Department of Economic Opportunity Grant (pp. 22-64)
Resolution authorizing the submission of a grant application to the Department of
Economic Opportunity (DEO) Character Study Grant; accepting grant funds and
modifying FY 2015-2016 Budget if awarded; and authorizing the City Manager to
execute any and all documents in the furtherance of the grant. The study will provide a
clear visual image of the City’s desired identity with the added intent to divide the City
into districts with boundaries defined by unique cultural, geographical and architectural
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characteristics that they have in common. This DEO grant will award the City of
Daytona Beach $25,000 to produce deliverables as outlined in and pursuant to the Grant
Agreement. No matching funds are required.
Recommendation: Deputy Public Works Director recommends adoption of the
Resolution.
7C.Halifax Harbor Plaza - ACREWS, Inc. - Lease Agreement (pp. 65-103)
Resolution approving a commercial lease agreement with ACREWS, Inc., 3960 SW
146th Avenue, Miramar, FL 33072, to lease approximately 7,008 square feet of
commercial space at Halifax Harbor Plaza, for a five-year term with two (2) five-year
renewal options, in order to open a new family-oriented restaurant with a Caribbean
theme. ACREWS, Inc., will be responsible for all costs, charges and maintenance for
their leased space.
Recommendation: Business Enterprise Management Director recommends
adoption of the Resolution.


7E. Derbyshire Park Improvements - Engineering Project 2015-016 Total Project - Approval
(pp. 130-136)
Resolution approving the project budget for the Derbyshire Park Improvements in the
amount of $199,000 and authorizing the City Manager to make purchases in excess of
$25,000 but not to exceed the amount of the project budget. The City Commission
approved submittal of the Race & Recreation Grant Application, acceptance of funds,
and authorized the City Manager to execute all necessary documents in furtherance of
this grant as part of Resolution 15-11. The Public Works staff will facilitate the
purchase, installations and the completion of all work included in this project. Funds
available in the Grant Project Funds.
Recommendation: Deputy Public Works Director recommends adoption of the
Resolution.
7F. Dickerson Center Activities Building Improvements-Engineering Project 2015-017-
Approval (pp. 137-144)
Resolution approving the project budget for the Dickerson Center Activities Building
Improvements in the amount of $120,000 and authorizing the City Manager to approve
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purchases in excess of $25,000 but not to exceed the project budget. The City
Commission approved submittal of the Race & Recreation Grant Application,
acceptance of funds, and authorized the City Manager to execute all necessary
documents in furtherance of this grant as part of Resolution 15-11. The Public Works
staff will facilitate the purchase, installations and the completion of all work included in
this project. Funds available in the Grant Projects Fund.
Recommendation: Deputy Public Works Director recommends adoption of the
Resolution.
7G.Amendment No. 1 and Renewal of Contract #WS943 with the Department of Corrections
(pp. 145-167)
Resolution approving Amendment No. 1 to Contract #WS943 with The Florida
Department of Corrections; and authorizing the renewal of contract for a term ending
January 22, 2017, for an inmate crew to supplement the Ground Maintenance staff in
maintaining City rights-of-way. The Florida Department of Corrections has requested
the Contract be amended to add Section VII, A. subsection I, providing for the City to
cooperate with the Inspector General in any investigation, audit, inspection, review or
hearing in accordance with Section 20.055 (5), Florida Statues. The Contract amount of
$57,947 per year remains in effect. Funds are available in the General Funds.
Recommendation: Deputy City Manager recommends approval of the Resolution.
7H.Florida Tennis Center - USTA - Third Annual Daytona Beach Professional Women's
Tennis Championship Tournament (pp. 168-184)
Resolution approving an agreement with the United States Tennis Association (USTA),
70 West Red Oak Lane, White Plains, NY 10604, in the amount of $30,000, to host the
Third Annual Daytona Beach Professional Women's Championship Tournament January
11-17, 2016. The City has sponsored a USTA tournament for the past two years and
they have been successful and profitable. This tournament helps showcase professional
women's tennis, the City and the Florida Tennis Center. Funds available in the COGS -
Tennis Tournament Fund.
Recommendation: Business Enterprise Management Director recommends
adoption of the Resolution.
7I. Utilities Department - Hazen Construction, LLC - Gardiner Ct. Stormwater Pump
Station and Beach St. Backflow Preventer - Final Reconciliation - Contract 0315-0720
(pp. 185-194)
Resolution approving the final adjusted contract price of $364,936.42 with Hazen
Construction, LLC, 1599 Tionia Road, New Smyrna Beach, FL 32168, for the Gardiner
Ct. Stormwater Pump Station and Beach St. Backflow Preventer; and approving the
Final Reconciliation Agreement in the amount of $27,743.42 which includes full
compensation for the balance of the contract and retainage.
The final adjusted contract price constitutes full compensation for all materials furnished
and all work performed in the construction and completion of the project, all in strict
accordance with the terms of the original contract. This amount includes $7,260.00 for
additional line items per the contract and $2,736.42 for negotiated items not included in
the original contract. It is further understood and agreed that the contract substantial
completion date is October 16, 2015 and the one year of warranty as one-year warranty
period on materials, equipment, workmanship, supplies, and appurtenances shall
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commence as of this date. It is further understood and agreed that the contract final
completion date is November 15, 2015. Funds available in the Stormwater Improvement
Fund.
Recommendation: Utilities Director recommends adoption of the Resolution.
7J. Utilities Department - Return Activated Sludge Pumps & Backwash Pumps - Bethune
Point Wastewater Treatment Plant - Critical - Sole Source Purchase (pp. 195-203)
Resolution authorizing the purchase of four return activated sludge (RAS) pumps and
two filter backwash (BW) pumps from Barney's Pumps, Inc., 11306 Business Park
Blvd., Jacksonville, FL 32241 in the amount of $241,760. There are five pumps
that transfer concentrated organic material from the clarification process to stage two of
the Bardenpho treatment process in order to remove nutrients from the incoming
sewage. One of these pumps was replaced last fiscal year. The remaining four are over
22 years old, have been rebuilt numerous times, and further rebuilding is no longer cost
effective. The plant also utilizes two pumps to backwash filtered debris out of the sand
filters. The existing pumps are over 20 years old. These six pumps need to be replaced
in order to remain fully compliant with state and federal regulations. Sole source is
requested because Barney's Pumps is the sole distributor for Aurora Pumps and these are
the only ones that will bolt up to the existing infrastructure without major modifications.
Funds are available in the R&R Water and Sewer 5% Fund.
Recommendation: Utilities Director recommends adoption of the Resolution.
7K.Public Works - Automatic Vehicle Location Equipment and Monitoring Services -Sole
Source Purchase (pp. 204-221)
Resolution approving the purchase of 72 Automatic Vehicle Location (AVL) units, and
approving monitoring services from Fleetboss Global Positioning Solutions Inc., 241
O’Brien Road, Fern Park, FL 32730, in the amount of $39,985.10. Fleetboss is
considered a sole source provider for this purchase, since the City has an existing End
User License Agreement (EULA). Funds available in the General, Facilities Property
Maintenance, and the Information Technology Funds.
Recommendation: Chief Financial Officer recommends adoption of the Resolution.
7L. Allocation of Bike Week Funds (pp. 222-223)
Resolution authorizing payment from the General Fund in the amount of:
$200 to Cultural Services for Light Up Midtown from the Bike Week Sponsorship
Funds of Commissioner Ruth Trager.
$200 to Cultural Services for Light Up Midtown and $100 to Halifax Historical Society,
Inc. for a general sponsorship donation to the Museum from the Bike Week Sponsorship
Funds of Mayor Derrick Henry.
$200 to Halifax Historical Society, Inc. for a general sponsorship donation to the
Museum from the Bike Week Sponsorship Funds of Commissioner Patrick Henry.
Recommendation: Chief Financial Officer recommends adoption of the Resolution.

Item 8A

Land Development Code Text Amendment - Reducing Required Parking for 55+
Developments (pp. 224-252)
Ordinance on second reading - PUBLIC HEARING - amending the Land
Development Code (LDC), Table 6.2.C.1, Minimum Number of Off-Street Parking
Spaces to include reduced parking stardards for Government-Assisted (55+) Elderly
multifamily dwelling. Applicant: Stacy Banach, Parametric Design & Development,
LLC.
Richard

Item 8B

999 N. Atlantic Avenue a/k/a Indonesian Hotel Planned Development-General
(PD-G) - Rezoning (pp. 253-329)
Ordinance on second reading - PUBLIC HEARING - approving a request to rezone
.5± acres of land located at 999 N. Atlantic Avenue from Multifamily Residential-12
(MFR-12) and Tourist/Office/Restaurant (T-2) to Planned Development-General, and
authorizing the Mayor to execute the Planned District Agreement. Applicant: Joseph H.
Hopkins, P.E., The Performance Group, on behalf of Steve O’Neill, Redelva, LLC.

Item 8C

Bancorp Bank- Equipment Schedule #2 - Prisoner Transport Vehicles - Capital Financing
Agreement (pp. 330-355)
Ordinance on second reading - PUBLIC HEARING - approving the issuance of debt
financing via a second equipment schedule to a master finance lease purchase agreement
with The Bancorp Bank, 3905 El Rey Road, Orlando, FL 32808, in an amount not to
exceed $265,000 at an interest rate of 1.7 percent for a term of 6 years with annual
payments not to exceed $46,063.43, for the purchase of six (6) police prisoner transport
vehicles. The estimated payment due for fiscal year 2016 will not exceed $15,354.48.
The request to purchase the vehicles will be on a separate agenda item for City
Commission approval. Funds available in the Capital Debt Service Fund.

Item 8D

Bancorp Bank - Capital Financing Agreement - Aerial Fire Engine (pp. 356-382)
Ordinance on second reading - PUBLIC HEARING - approving the issuance of debt
financing with The Bancorp Bank, 3905 El Rey Road, Orlando, FL 32808, in an amount
not to exceed $850,000 at an interest rate of 1.7 percent for a term of 10 years with
annual payments not to exceed $93,213.72, for the purchase one aerial fire engine for
frontline operations. The estimated payment due for fiscal year 2016 is $14,563.29. An
agenda item was submitted recommending a resolution adopting City Commission declaration of intent to reimburse itself from proceeds of debt and approval of the
purchase of fire apparatus from South Florida Emergency Vehicles. Funds available in
the Capital Debt Service Fund.

Item 9A

9A.Land Development Code Text Amendments - Amend Table 5.2.A.3 and Article
5.4.C.13.b. (pp. 383-391)
Ordinance on first reading - amending the Land Development Code (LDC), Table
5.2.A.3 (Principal Use Table) and Article 5.4.C.13.b. (Temporary Redevelopment
Project Parking Lot). Applicant: Development and Administrative Services Department,
Planning Division.

Item 9B

Land Development Code Text Amendment - Amending Sections 3.4.Q and 6.10
(pp. 392-469)
Ordinance on first reading - amending the Land Development Code, Section 3.4.Q
(Sign Permit) and 6.1 (Signage) to remove "content-based" regulations to comply with
the Supreme Court case of Reed v. Town of Gilbert. Applicant: Development and
Administrative Services Department, Planning Division.

Item 9C

900 N. Atlantic Avenue Planned Development-General (PD-G) Rezoning(pp. 470-618)
Ordinance on first reading - approving a request to rezone 4.9± acres of land located at
900 N. Atlantic Avenue, consisting of 2.9± acres for the east lot (hotel site), .7± acre for
the west lot (hotel parking), and 1.2± acres for the south lot (County beach parking),
from Tourist Accommodations (T-1) to Planned Development-General (PD-G) to permit
redevelopment of a hotel site with associated site improvements with the addition of
County beach parking, and authorizing the Mayor to execute the Planned District
Agreement. Applicant: Parker Mynchenberg, P.E., Parker Mynchenberg and
Associates, Inc., on behalf of Abbas Abdulhussein of 900 North Atlantic Ave., LLC.

Item 9D

American Federation of State, County, and Municipal Employees (AFSCME), Florida
Council 79 Memorandum of Agreement FY 2015/2016: 2% General Wage Increase
(pp. 619-704)
Resolution approving the AFSCME collective bargaining agreement for October 1, 2015
through September 30, 2016, to provide for a 2% general wage increase. Subsidiary
changes to articles 20, 25 and 28. Formatting revisions to articles 1-11, 16 31-33. The
Pay Plan will be amended to adjust the minimum and maximum of each pay grade by
2%.

Item 9E

Appointment - Downtown Development Authority (pp. 705-707)
Resolution appointing one (1) member to the Downtown Development Authority from
the City Commission for a temporary term effective December 2, 2015 through March
31, 2016. The City Charter states that the board shall consist of five (5) members, one
(1) of which shall be a member of the City Commission. Except for the City
Commissioner, each member may be appointed for consecutive terms of 3 years,
beginning July 1. Non-City Commission members shall reside in or have a principal
place of business in the City (CR-BO), shall not be serving as a City officer or
employee, and shall be an owner of realty within the Downtown area, a lessee thereof, or
a director, officer, or managing agent of an owner or of a lessee thereof.

Item 9F

Leisure Services Advisory Board - Appointments (pp. 708-733)
Resolution appointing members to the Leisure Services Advisory Board. Resolution No.
15-183 states that the board shall consist of seven (7) members, one (1) from each zone
nominated by City Commissioners of respective zones and one (1) at large member
nominated by the Mayor serving two-year (2) staggered terms that expire December 31.
Members must reside within the zone of their appointment. We have the following
applications: Zone 1) Amanda Glugover, Richard Heuermann, Zone 2) Steven Miller
,Zone 3) Matthew Withington, Kevin Tierney, Zone 4) Carol Kilian, Dwayne Murray,
Zone 5)Antonello Collins.

Item 9G

Personnel Board - Appointments (pp. 734-742)
Resolution appointing two (2) appointments to the Personnel Board. The board consists
of five (5) members with four (4) years terms. These are mayoral nominations requiring
confirmation with appointment by the City Commission. Must be a qualified elector of
the City and shall not hold or be a candidate for any office of profit or trust or
employment of any governmental agency. The membership terms of Deborah Zeoli and
Michael Forest expired on June 16, 2015. Ms. Zeoli would like to be reappointed. Mr.
Forest has resigned. We have applications from Ms. Zeoli and Dr. Irma Browne-
Jamison.

Item 9H

Police and Fire Pension Fund Board - Appointments (pp. 743-754)
Resolution appointing two members to the Police and Fire Pension Fund Board. The
terms of Erin Masters and Lyle McCormick, Jr. will expire on 12-31-15. Ms. Masters
would like to be reappointed and Mr. McCormick is not seeking reappointment. City
Charter, Sub-pt. D, § 3, amended by Ord. No. 96-261, 96-405, 10-322, and Florida
Statutes, Sections 175.061 (1)(2), 175.351[15(a)4], and 185.05(1), and 185.35(4)(a)
regulate the selection of five Trustees: two (2) of whom, unless otherwise prohibited by
law, shall be legal residents of the City, who shall be appointed by the Daytona Beach
City Commission, one (1) of whom shall be a Police Officer Member of the System and
one (1) of whom shall be a Firefighter Member of the Sys-tem, who shall be elected by a
majority of the Police Officers or Firefighters, respectively, who are Members of the
System. The fifth Trustee shall be chosen by a majority of the previous four (4) Trustees
as provided for herein, and such person's name shall be submitted to the Daytona Beach
City Commission. Upon receipt of the fifth person's name, the Daytona Beach City
Commission shall, as a ministerial duty, appoint such person to the Board of Trustees as
its fifth Trustee. All terms are for 4 years commencing January 1 of even numbered
years and terminating December 31 of odd numbered years. We have received three
applications: Erin Masters, Dennis Jones and Thomas Blawn.

Item 7C

7C.Halifax Harbor Plaza - ACREWS, Inc. - Lease Agreement (pp. 65-103)
Resolution approving a commercial lease agreement with ACREWS, Inc., 3960 SW
146th Avenue, Miramar, FL 33072, to lease approximately 7,008 square feet of
commercial space at Halifax Harbor Plaza, for a five-year term with two (2) five-year
renewal options, in order to open a new family-oriented restaurant with a Caribbean
theme. ACREWS, Inc., will be responsible for all costs, charges and maintenance for
their leased space.
Recommendation: Business Enterprise Management Director recommends
adoption of the Resolution.

Items 10 & 11

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