Approval of the minutes of the March 7, 2018  Regular City Commission Meeting Minutes held at City Hall, 301 South Ridgewood Avenue, Daytona Beach, Florida.

Residential Award:

Joseph and Mary Blanton, 1115 Loomis Avenue, Commissioner Paula R. Reed, Zone 6, to present.

Commercial Award:

Caribbean Jack's Restaurant, 721 Ballough Road, Mayor Derrick L. Henry to present.

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 approving a Federal Emergency Management Administration - Hazard Mitigation Grant Program (HMGP) Agreement for the acquisition and demolition of a repetitive loss property at 607 Aberdeen Street, Daytona Beach, Florida, approving an expenditure of $35,825 as the City's match grant, authorizing the City Manager to implement the Grant Agreement; and authorizing the Budget Officer to amend the current year's Fiscal Year Revenue and expense Budget in accordance with the grant funds and matching funds.  The purpose of this request is to purchase a repetitive loss property utilizing a $107,475 grant from FEMA and a $35,825 city grant match. The structure located at 607 Aberdeen Street flooded in 1994, 2004 and 2009.  The costs to the National Flood Insurance Program (NFIP) for damage to this structure has exceeded $60,000.  The property is low and will continue to sustain damages if the structure is not eliminated.  This will further burden the federally subsidized NFIP program and cost the tax payers. The city is covering the 25% match for the acquisition and demolition of the structure for the following reasons: 

• The lot will be graded to allow for storage of stormwater from the street and adjacent structures, allowing stormwater to collect and infiltrate lessening flood impacts to other properties.
• There currently is 525 feet of a 34” x 53” stormwater culvert with no easement that runs through this property.
• Owning the property will provide the city legal access to maintain the stormwater culvert.

Funds available in the Stormwater Grants Funds in the amount of $107,475 and the Stormwater Improvement Fund in the amount of $35,825.

Resolution approving the submittal of a Florida Inland Navigation District (FIND) grant application and the acceptance of the FIND grant agreement in an amount up to $238,218 for the design and permitting of the Sickler Park improvements. This cost also includes a Planning Solutions Corp grant administration fee of $ 11,910.  The project is to expand the existing fishing pier at the park and add restrooms, retail and other miscellaneous amenities to the park. If the grant is awarded, it would fund 50% of the design, permitting, and grant administration cost.  The formal award of the grant would be issued in October 2018.  No funding is needed to apply for the grant and if awarded, funding will be identified in the next fiscal year.

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

Resolution authorizing the Mayor and City Clerk to execute the FDOT SUNTrail Network Agreement No. 439866-1-54-01 and associated Memorandum of Agreement (MOA) between the City and the Florida Department of Transportation (FDOT), providing reimbursement to the City up to $580,000 to construct a 12 foot wide multi-use trail; and to agree to accept all future maintenance and attendant costs thereof in return for receipt of funding from the Department; and authorizing the Budget Officer to amend the budget.  This FDOT SUNTrail Network Agreement will provide reimbursement to construct the 12 foot wide multi-use Sweetheart Trail Beach Street from Wilder Boulevard to Shady Place.

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

Resolution accepting the proposals submitted to and recommended by Brown & Brown of Florida, Inc., the City's employee benefits services consultant, for the City's employee benefits coverages including health insurance with Florida Health Care Plans, Inc., 1340 Ridgewood Ave.,  Holly Hill, FL  32117; dental insurance coverage and ancillary coverage (including Life, AD&D, LTD) through Florida Combined Life, 5011 Gate Parkway, Jacksonville, FL  32201, for a one year period of May 1, 2018 to April 30, 2019.

Health Insurance:  Florida Health Care Plans, Inc. submitted quotes offering the HMO, Triple Option and High Deductible Health Saving Account insurance plans for participants to choose the best option for them.  The renewal proposal is a rate decrease of 1% of last year's premium.  The estimated total premium for health insurance is $9,100,000 with the City responsible for approximately $6,400,000 of the premium payment and the plan participants paying the balance.

Dental Insurance:  It is recommended the City accept the proposal for dental insurance from Florida Combined Life with no rate change from last year's premium.  All dental insurance premiums are paid by plan participants through payroll deductions or direct payment.

Ancillary Insurance:  It is recommended the City accept the proposal from Florida Combined Life for Group Life and Accident Death & Dismemberment (AD&D) at a 18.3% rate reduction, Voluntary Group Life and AD&D at no rate change, and Long Term Disability (LTD) at no rate change.  The City pays for the Group Life and AD&D coverage for active employees, which is approximately $68,000.  The plan participants are responsible for 100% of the premium for the Voluntary Group Life and AD&D and LTD coverage.  Funds available in multiple accounts. 

Recommendation: Human Resources Director recommends adoption of the Resolution.

Resolution accepting the proposal submitted by Brown & Brown of Florida, Inc., as the City's property and casualty insurance broker, for excess workers' compensation insurance with Arch Insurance Company and excess liability insurance coverage with Illinois Union Insurance Company.  The combined annual premium including surcharges and fees is $357,967.  Funds available in the Consolidated Insurance Fund.

Recommendation:  Human Resources Director recommends adoption of the Resolution.

Resolution accepting the property insurance claims payments from Arch Specialty Insurance Company, 219 Hudson St, Suite, 300 Jersey City, NJ 07311, in the amount of $89,084.45, for losses sustained as a result of Hurricane Matthew and to execute settlement documents as necessary.  The gross amount of covered damages sustained by the properties insured under Arch policy was $372,245.50.  After applying the five percent deductible of the total insured value of each building and its contents (subject to a minimum of $250,000 per occurrence), the net recovery amount is $89,084.45.

Recommendation:  Human Resources Director recommends adoption of the Resolution. 

Resolution approving  funding for a project to upgrade the Utility Billing (UB) Customer Information System (CIS) at a cost of $302,216.  Items being approved include a Professional Services Contract and accompanying Scope of Work with N. Harris Computer Corporation, 1 Antares Dr., Suite 400, Ottawa, Ontario K2E 8C4, Canada, and expenditures to various third party suppliers of software and hardware.  N. Harris Computer Corporation costs are: $28,000 for new software licensing and maintenance, $168,565 for Professional Services and related expenses, an estimated travel budget of $24,030, and an estimated custom software modifications contingency of $32,000, totaling $252,595.  This action is intended to increase customer access to account information, educate customers towards reducing their bills and detecting water leaks, enhance system performance, modernize business processes and workflows, provide database compatibility with established infrastructures, streamline data backup and disaster recovery, and increase security. 

The new software will provide for automatic billing of property owners for stormwater services after a tenant moves out and daily proration of services when customers move in or out.  Customers will be allowed to save payment information in a “virtual wallet,” to improve the online payment process and receive optional alerts regarding usage.  NorthStar UB CIS software has been used by the City for processing water meter readings, billing, payments, and to formulate the utility rate structure since May 2001.  It is a complex system having integrations with automated meter reading, voice activated and online customer portals, bill print services, Meter Services field based work orders, and automated check scanning systems.  It is essential to the generation of over $73 million in revenue annually.  The Professional Services Contract with N. Harris Corporation is sole source, since they are the sole provider and licensor of the existing and upgraded systems.  Third party software and hardware, such as server operating systems and computer hardware, will also  need to be purchased at an anticipated cost of $49,621. Staff anticipates purchasing the third party software and hardware via piggyback contracting, or small purchases, or some combination thereof.  Funds available in the Water and Sewer Improvement Fund.

Recommendation:  Chief Financial Officer recommends adoption of the Resolution.

Resolution awarding the Construction Contract with Samsula Waste Inc., dba Samsula Demolition, 363 S. State Road 415, New Smyrna Beach, FL 32168 in the amount of $99,508 for the Demolition of Old Police Station project.  The building is located at 990 Orange Avenue, Daytona Beach.  Funds available in the General Fund.

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

Resolution approving Amendment No. 1 to Contract No. W1100 with the Florida Department of Corrections (DOC) and approving the renewal of the Contract as well.  Resolution 17-94 approved Contract No. W1100 for an inmate crew to supplement the Grounds Maintenance staff in maintaining City owned properties and rights-of-way, for a term commencing on May 1, 2017 and ending on April 30, 2018, with a one-year renewal  option.  City Commission approval is being requested to exercise the final renewal term and approve the Amendment at the request of the DOC.  The Amendment reflects the new term of the Contract ending on April 30, 2019; provides for compliance with the Americans with Disabilities Act; and reflects new titles for DOC officers responsible for overseeing the Contract.  The Contract amount remains at $57,497 per year.  Funds available in the General Fund n the amount of  $23,957.07 and the remaining funds of $33,539.93 are contingent upon the adoption of the FY2018-19 proposed budget.

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

Resolution approving Work Authorization No. 2 (Contract No. 0517-0790-MK&C, Res No. 17-265) with McKim & Creed, 505 E New York Ave, Deland, FL 32724, for Surveying Services for an amount not to exceed $34,505.01.  The reason for this request is to locate all existing improvements and establish the existing right-of-way on Mary McLeod Bethune Blvd (MMB) between Nova Road and Lincoln Street in support of the ongoing ADA Improvements efforts on MMB.  Funds available in the General Fund. 

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

Resolution approving Work Authorization No. 4 (Contract No. 0516-1120-CDM, Res No. R16-208) for CDM Smith, 2301 Maitland Center Parkway, Suite 300, Maitland, FL 32751, for Construction Engineering and Inspection (CEI) oversight on the Nova Road Median Landscaping Project, for a total cost of $50,036.91.  The Nova Road Median Landscaping Project is an FDOT JPA project, on FDOT’s state road system, and therefore requires consultant CEI oversight.  This is a project to landscape the medians on Nova Road between Beville Road and Mason Avenue.  The CEI costs will not be covered by the JPA but we can claim it towards our City Matching Funds.  Funds available in the Capital Projects Fund.

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

Resolution ratifying Change Order No. 6 in the amount of  $50,997 for the emergency remediation work performed by Traffic Control Devices, Inc., P.O. Box 150418, Altamonte Springs, FL 32715-0418, to repair/replace the Wayfinding Signs damaged by Hurricane Irma.  The Daytona Beach Wayfinding Signs Project was constructed and Substantially Complete as of September 8, 2017 by Traffic Control Devices, Inc (TCD), the contractor awarded this project.  When Hurricane Irma passed through Daytona Beach on September 10-11, 2017, eleven (11) of the newly installed signs were damaged by the hurricane force winds and needed to be repaired or replaced.  Immediately following the storm, TCD took action to remove the damaged signs and begin the Hurricane Irma remediation.  As of February 5, 2018, the remediation was complete and all signs reinstalled.  Funds available in the FEMA - Storm Events Funds in the amount of $44,622.38 and in the General Fund in the amount of $6,374.62.

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

Resolution approving Change Order No. 1 to Contract No. 0417-0340 with Quentin L. Hampton Associates, Inc., 4401 Eastport Parkway, Port Orange, FL 32127 in the amount of $39,536.  This request is needed to provide additional construction engineering inspection services for the Reuse Water System, Storage Tank and Pump Station Project located behind the Police Department on Valor Boulevard.  Funds available in the Renewal and Replacement 8% fund.

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

Resolution awarding Construction Contract to the Lowest Responsive Bidder, GPS Civil Construction, Inc., 100 East Granada Boulevard, Ste. 214C, Ormond Beach, FL 32176 in the amount of $415,931.70 for the Grounds Maintenance Property Redevelopment project and authorizing the Budget Officer to amend the applicable Fiscal Year budget.  On September 9, 2016, the City entered into an agreement known as the Midtown Lofts Redevelopment Incentive Agreement.  As a part of that agreement, the City agreed to redevelop the existing grounds maintenance property, including the construction of a parking lot and master stormwater pond.  Funds available in the State Revolving Loan-S/W Construction Fund in the amount of $60,000 and in the Stormwater Improvement Fund in the amount of $357,435. 

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

Resolution awarding Contract No. 0118-0110 to FAM Pressure Cleaning, LLC, 1428 Jackson Avenue, Daytona Beach, FL 32117, the Lowest Responsive Bidder, in the amount of $42,725.30 for the remainder of Fiscal Year 2017/2018, based on the submitted Fee Schedule for a three (3) year term of $214,165.14 or $71,388.38 annually.  Also authorizing the City Manager the authority to exercise the option to renew the contract for up to two (2) terms of one (1) year each in the amount of $71,388.38 annually.  FAM Pressure Cleaning, LLC will provide pressure washing by specific task services. 

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

Resolution ratifying an emergency expenditure of $32,406.68 to Petroleum Technicians, 1776 Langley Avenue, Deland, Florida  32724 to replace damaged and corroded fuel dispensers for with new dispensers with dual design and constructed of stainless steel, specifically for marina use.  Current dispensers pose a potential leak hazard that can cause serious spills into the Halifax River and costly FDEP fines to the City.  Funds available in the Fleet Maintenance Fund.

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

Resolution authorizing the sole source purchase in the amount of $76,295 for 2 DJI Dual Gimbal Unmanned Aircraft Systems, 1 DJI Mavic Pro Platinum Fly System, and 1 small Spark Fly Combo System from Flymotion, 4558 Eagle Falls Place, Tampa, FL  33619-9611. This purchase is to be used to enhance the safety and well-being of the public by the following methodology:

• Quickly and effectively locate missing persons

• Conduct pre and post storm inspection of the City's critical infrastructure

• Investigation and catalog traffic homicides and major crime scenes

• Allow the Department to have an aerial perspective during large events

These drones can partner with the Fire Department to allow monitoring of brush and structure fires which will enhance job capabilities. This purchase includes all necessary hardware, training, and supplies.  Funds available in the Federal Sharing Drug Forfeiture Fund.

Recommendation: Chief of Police Recommends Approval.

Resolution approving the purchase of two (2) high efficiency pumps from Thompson Pump, 4620 City Center Drive, Port Orange, Florida 32119 in an amount of $124,494 from the Florida Sherriff’s Association Bid Award No. FSA17-VEH15.0, Specification 76, with options.  The purpose of this request is to purchase two spare pumps for lift stations 50 and 115 to provide emergency backup.  Lift Stations 50 and 115 currently have two submersible pumps. These lift stations are the last two stations lacking a spare emergency pump or generator in case of catastrophic circumstances.  The emergency pumps will provide power in case of an outage, or if one of the two installed pumps fail.  Funds available in the Water & Wastewater 8% Renewal & Replacement Fund.

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

Resolution authorizing payment in the amount of:

$100 to Majesty Chapter #565 for the 13th Annual Easter Egg Hunt on March 24, 2018 at Derbyshire Park  and $100 to Conklin Center for the Blind for the 4th Annual Night for Sight fundraiser on April 5, 2018 from the Bike Week Sponsorship Funds of Commissioner Paula Reed.

Recommendation:  Chief Financial Officer recommends adoption of the Resolution. 

Resolution authorizing payment in the amount of:

$90 to Gamma Lambda Zeta Chapter of Zeta Phi Beta Sorority, Inc. for two tickets to the Annual Scholarship Initiative, Designer Bag Bingo and $100 to the Daytona Beach Chapter of the Links, Inc. for full page ad in the White Rose Banquet Program with proceeds going to the Rising Stars High School Juniors and Seniors with a book scholarship from the Bike Week Sponsorship funds of Commissioner Paula Reed.

Recommendation:  Chief Financial Officer recommends adoption of the Resolution.

Ordinance on second 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-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 adopt Ordinance.

Ordinance on second reading - PUBLIC HEARING - 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 adopt the Ordinance.

Ordinance on second reading - PUBLIC HEARING - adopting a Large Scale Comprehensive Plan Amendment (LSCPA) changing the Future Land Use Map (FLUM) designation from Mixed Uses to General Industrial for 80± acres of land generally located west of Williamson Boulevard, north of LPGA Boulevard, and south of Strickland Range Road.  Applicant: Robert A. Merrell III, Esq., of Cobb Cole, on behalf of Consolidated-Tomoka Land Co.

Richard Walton, Planning Director, to report.

Recommendation: Planning Board recommended approval 6-to-0 at their January 25, 2018 meeting.

Action:  Motion to adopt the Ordinance.

Ordinance on second reading - Quasi-Judicial Hearing - 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 adopt the Ordinance.

Ordinance on second reading - Quasi-Judical Hearing - 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 adopt the Ordinance.

Ordinance on second reading - PUBLIC HEARING - 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.  **Applicant request this item be continued to the April 4, 2018 City Commission Meeting**.  

Richard Walton, Planning Director, to report.  

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

Action:  Motion to adopt the Ordinance.

Ordinance on second reading - Quasi-Judicial Hearing - 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.  **Applicant request this item be continued to the April 4, 2018 City Commission Meeting**.

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 adopt the Ordinance.

Ordinance on first reading - approving a request to rezone 0.195± acre of land located at 311 and 319 San Juan Avenue from Business/Professional (BP) to Residential/Professional (RP) to facilitate residential development that is consistent with the surrounding neighborhood.  Applicant: Development and Administrative Services Department, Redevelopment Division.

Reed Berger, Redevelopment Director, to report.

Recommendation:  Downtown Redevelopment Board

                            recommends approval 7-to-0.

                            Planning Board recommends approval   5-to-0.

Action:  Motion to pass Ordinance on first reading.     

    Note:  If passed, Public Hearing, April 4, 2018.