Approval of the minutes of the February 21, 2018 Regular City Commission Meeting Minutes held at City Hall, 301 South Ridgewood Avenue, Daytona Beach, Florida.

No Presentation

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.

Resolution authorizing funding for the City of Daytona Beach Police Department's Victim Advocate Position, which is primarily funded by the Florida Office of Attorney General, Victim of Crime Act Program (VOCA), in the amount of $42,748, with matching funds distributed from the law enforcement trust fund in the amount of $10,687, for a total of $53,435.  This will allow for the continuation of the police department's VOCA Program; and authorizing the City Manager or his Designee to execute any agreement relating to this grant application.  This application has passed the VOCA office technical review and subsequent required revision and has been approved by the VOCA office for award.  Funds available in the Law Enforcement Trust Fund. 

Recommendation: Chief of Police recommends adoption of the Resolution.

Resolution authorizing the City Manager to approve and sign  “minor amendments” to grant agreements which have been approved by the City Commission including existing grant agreements.  Minor amendments are amendments required by the granting agency during administration of the grant that do not substantially change the scope of the project. These minor amendments include the following:

• Certain adjustments to maximum grant funding

• Extensions of grant term

• Changes to the City’s Project Manager

• Extensions/adjustments of project completion dates

• Adjustments to grant related budgets including reallocation of costs among project tasks

The City has been successful in receiving multiple grant awards over the last couple of years.  During the administration of each grant, it is relatively routine for changes to occur during the project which require amendments to the grant contract.  Many times these amendments are very minor in nature which do not change the scope of the project.  A common amendment is an adjustment to the maximum grant award.  The maximum grant award is typically based on an estimate of cost provided before all design and project bidding occurs.  The granting agency many times will require the grant amount to be amended to reflect an increase or decrease in the grant award to reflect actual bid costs.  There is no City funding associated with this request.

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

Resolution approving the construction project budget for the First Step Shelter Program Project at $2,875,000; includes a $2,500,000 preliminary construction cost estimate plus a 15% contingency of $375,000; temporarily waiving the Purchasing Code Chapter30, Section 30-81 to give the City Manager authority to expedite the project schedule and award First Step Shelter Program project contracts to the lowest, responsive, responsible bidder and authorizing the City Manager to approve all required Change Orders and project expenditure needed during the project provided that these actions are within the overall budget authority.   

This request is needed to expedite and shorten by approximately 6 months, the current traditional design and construction schedule for the First Step Shelter Program Facility (Shelter Facility) building project. This will be accomplished by the proposed use of an expedited Overlapped Construction Phasing approach. This will require the pre-bid advertisement establishment of the City Manager’s budgetary authority and providing temporary Shelter Facility project specific waiver of the Purchasing Code Chapter 30, Section 30-81 for construction bidding and award processes.

The shelter building is currently scheduled to be constructed by the end of October 2019.  City staff proposes to use an expedited Overlapped Construction Phasing approach and the requested City Manager authority to expedite the construction schedule. It is estimated that the building construction can be completed by May 2019 for a current schedule savings of approximately 6 months.  However after construction of the Shelter Facility building is completed it will be up to the selected operating entity to furnish and equip the building and get it open for business.  Funds available in the Grant Project Fund and the General Fund. 

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

Resolution authorizing the award of the construction contract with Black Sands Development Group, PLLC, 156 Big Ben Drive, Daytona Beach, FL 32114 in the amount of $118,215.14 for the Derbyshire Park Drainage Improvements project.  This Project is funded by a Racing and Recreation Facilities District Grant.  The project is for construction of needed drainage improvements at the Derbyshire Park and in accordance with the Derbyshire Park Master Plan.  Funds available in the Grant Projects Fund.

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

Resolution approving Contract No. 0118-0090 with Yellowstone Landscape-Southeast, LLC, 500 Fentress Blvd., Daytona Beach, FL 32114, the lowest responsive bidder, in the amount of $63,393 for the remainder of Fiscal Year 2017/2018, based on the submitted Fee Schedule for a three (3) year term with option to renew for up two terms of one (1) year each in the total amount of $98,885 annually.  Yellowstone Landscape-Southeast, LLC will provide Beville Road Landscape Maintenance annually by specific task services.  Funds available in the General Fund. 

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

Resolution awarding Bid No. 0318-0360 to Hazen Construction, LLC, 1599 Tionia Road, New Smyrna Beach, FL 32168 in the amount of $168,975 for the construction of one backflow preventer on the Fairview Avenue outfall in Riverfront Park.  The purpose of the back  flow preventer is to help mitigate flooding in the Beach Street and Fairview Avenue intersection during flood events and high Halifax River stages. Funds available in the Stormwater Improvement Fund.

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

Resolution approving a purchase from Ovivo USA, LLC, Order Entry Administrator, 4246 Riverboat Road, Suite 300, Salt Lake City, Utah 84123-2583, in the amount of $1,460,543.  The Brennan Water Treatment Plant utilizes three softeners to remove hardness in the raw water.  Softener No.3 is the largest of the three softeners.  It has failed to operate due to worn, corroded, and aged (more than thirty years old) mechanical parts.  An assessment of the equipment and the gear drives determined that a complete rebuild is needed.  Ovivo is the manufacturer and the sole source to replace this equipment.  Funds available in the 5% Renewal & Replacement Fund.

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

Resolution authorizing the purchase of Annual UV System Parts from Trojan Technologies, 3020 Gore Road, London, Ontario, Canada N5V 4T7, in the amount of $1,243,975.81.  Both the Westside Regional and the Bethune Point Wastewater Treatment Plants utilizes Ultraviolet (UV) System for disinfection of the treated wastewater.  All of the disposable parts consisting of lamps, ballasts, wipers, sleeves, electrical components, and hydraulic components are replaced annually to maintain disinfection levels required of all Wastewater Treatment Plants by State and Federal regulatory agencies.  Sole Source is being requested because the Trojan Technologies is the only provider of these parts and to uphold the warranty.  Funds available in the Water & Sewer 5% R&R Fund, and the Water & Sewer Operating Fund.

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

Resolution authorizing the purchase of one new B&W Tek hand held Raman spectrometer for identification of narcotics from Safeware, Inc. 4403 Forbes Blvd Lanham, MD 20706-4328 under US Communities Contract No. 4400001839 in an amount not to exceed $29,389.83.  This device is new, cutting edge technology that enables users to identify specific and dangerous narcotics without handling raw drugs. This will improve the safety of  Daytona Beach Police Officers when handling narcotics. The purchase includes one B&W Tek Tactic ID, all necessary hardware, training, disposable supplies and 5 year extended factory warranty.  Funds available in Law Enforcement Trust Fund.

Recommendation: Chief of Police Recommends adoption of the Resolution. 

Resolution authorizing payment in the amount of:

$250 to Majesty Chapter #565 for the 13th Annual Easter Egg Hunt on march 24, 2018 at Derbyshire Park from the Bike Week Sponsorship Funds of Mayor Derrick Henry.

Recommendation:  Chief Financial Officer recommends adoption of the Resolution.

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

$300 to Palm Terrace Elementary School for the Principal Discretionary Fund and $490.75 to Cultural Services for the Masonic Life Majesty Chapter #565 Easter Egg Hunt on March 24, 2018 at Derbyshire Park from the Bike Week Sponsorship funds of Commissioner Dannette Henry.

Recommendation:  Chief Financial Officer recommends adoption of the Resolution.

Ordinance on second reading - PUBLIC HEARING - approving a request to rezone 35± acres of land generally located north of LPGA Boulevard and east of I-95 from "County" Urban Single-Family Residential (R-2) and "City" Industrial Park (M-4) to Planned Development-General (PD-G) to allow for the construction of Buc-ee's,  and authorizing the Mayor to execute the Buc-ee's Planned District Agreement, approve the 95-LPGA Preliminary Plat.  Applicant: Parker Mynchenberg, Parker Mynchenberg & Associates, Inc. on behalf of Consolidated Tomoka Land Co. & Indigo Development, LLC.

Richard Walton, Planning Director, to report.

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

Action:  Motion to adopt the Ordinance.

Ordinance on first reading - PUBLIC HEARING - amending Article 5.2.A (Principal Use Tables) of the Land Development Code to allow Tattoo Establishments as a permitted use in the following zoning districts:

BR-1 – Business Retail-1 

BR-2 – Business Retail-2

RDB-5 – Redevelopment Beachside-Atlantic Avenue Retail

RDD-7 – Redevelopment Downtown-Local Business Services

RDM-3 – Redevelopment Midtown-Activity Center Mixed Use

Applicant: Development and Administrative Services Department, Planning Division.

Richard Walton, Planning Director, to report.

Recommendation:  Planning Board recommends approval 6-to-0 without the proposed Standards for Specific Principal Uses.

Action:  Motion to pass Ordinance on first reading.

    Note:  If passed, Public Hearing March 21, 2018.

Ordinance on first reading - amending Article 11 (Definitions) of the Land Development Code to amend the definition for Tattoo Establishment and add a definition for Cosmetic Permanent Eye Makeup Establishment. Applicant: Development and Administrative Services Department, Planning Division.

Richard Walton, Planning Director, to report.

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

Action:  Motion to pass Ordinance on first reading.

    Note:  If passed, Public Hearing, March 21, 2018.

Ordinance on first reading - approving a request to rezone 80± acres of land generally located west of Williamson Boulevard, north of LPGA Boulevard, and south of Strickland Range Road from "County" R-2 Single Family zoning to "City" Planned Development-General (PD-G) to allow for development as an industrial site, and authorize the Mayor to sign the Williamson Boulevard Industrial Planned District Agreement.  Applicant: Robert A. Merrell III, Esq., Cobb Cole, on behalf of Consolidated-Tomoka Land Co.

Richard Walton, Planning Director, to report.

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

Action:  Motion to pass Ordinance on first reading.

    Note:  If passed, Public Hearing March 21, 2018.

Ordinance on first reading - approving a request to rezone 19± acres of land generally located on the east side of Tomoka Farms Road, West of Interstate-95 (I-95), Southeast of CarMax, and North of International Speedway Boulevard from Single-Family Residential-5 (SFR-5) to Planned Development-General (PD-G) to allow for an auto dealership, including commercial, industrial, and institutional uses, and their associated site improvements, and authorizing the Mayor to execute the CVJCR Properties Planned District Agreement.  Applicant: Robert A. Merrell III, Esquire, with Cobb Cole, on behalf of Christopher A. Holler, CVJCR Properties, Ltd., LLLP.

Richard Walton, Planning Director, to report.

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

Action:   Motion to pass Ordinance on first reading

    Note:  If passed Public Hearing, March 21, 2018

Ordinance on first reading - adopting a Small Scale Comprehensive Plan Amendment (SSCPA) changing the Future Land Use Map designation for 0.14± acre (two parcels) of land located at 708 Butler Boulevard and 315 N. Coates Street from Office Residential to Commercial Mixed Use and amending the Future Land Use Element, Neighborhood "B", of the Comprehensive Plan to allow the development of a parking lot for a proposed restaurant.   Applicant:  Steven R. Buswell, P.E., R.L.A., Parker Mynchenberg & Associates, Inc., on behalf of Brent Triebel, Triebel Family Foods, Inc.  

Richard Walton, Planning Director, to report.  

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

Action:  Motion to pass Ordinance on first reading.

    Note:  If passed, Public Hearing, March 21, 2018.

Ordinance on first reading - approving a request to rezone 0.33± acre of land located at 315 N. Atlantic Avenue from Beachside Redevelopment-Atlantic Retail (RDB-5) and Residential Professional (RP) to Planned Development-Redevelopment (PD-RD) to allow the construction of a Jimmy John’s restaurant with a drive-through service, and authorizing the Mayor to execute the 315 N. Atlantic-Jimmy Johns Planned District Agreement.  Applicant: Steven R. Buswell, Parker Mychenberg & Associates, Inc. on behalf of Brent Triebel, Triebel Family Foods, Inc.

Reed Berger, Redevelopment Director, to report.

Recommendation:  Beachside Redevelopment Board recommends approval 6-to-0 with the recommendation that there be no further conditions regarding the construction of Butler Boulevard and the Planning Board recommends approval 6-to-0 without the requirement for the applicant to reconstruct Butler Boulevard.

Action: Motion to pass Ordinance on first reading.

    Note:  If passed, Public Hearing, March 21, 2018.

Resolution appointing one member to the  Citizen Advisory Committee, a subcommittee of the Volusia Transportation Planning Organization (TPO). Recommendations for this committee is to come from the city's representative on the TPO Board which is Commissioner Robert Gilliland.  Commissioner Gilliland is recommending Sue Habel.

Betty Goodman, Assistant City Manager, to report.

Recommendation:  Commission action.   

Action:  Motion to adopt the Resolution.