Approval of the minutes of the May 17, 2017 Regular Meeting of the City Commission held at City Hall, 301 South Ridgewood Avenue, Daytona Beach, Florida.

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 payment in the amount of $2,400 to Nicholas Montagna and $34,546.90 to SERVPRO for release and full settlement of all claims against the City arising from a sewer backup that occurred on March 2, 2017, caused by a blocked City water main that rendered two basement apartments at 404 S. Ridgewwod Avenue uninhabitable.  Funds available in the Consolidated Insurance Fund.

Recommendation:  City Attorney recommends adoption of the Resolution. 

Resolution accepting a Warranty Deed and an Easement Agreement from Consolidated Tomoka Land Company for the Bennett Swamp Wetland Rehydration Project and authorizing the City Manager and City Clerk to execute the agreement. The deed and easement are required to provide a route for the reuse water conveyance system from the Westside Regional Wastewater Treatment Plant to Bennett Swamp.   The Easement Agreement consists of a 60 foot wide easement extending across the Thayer Canal, commencing at the western right of way of LPGA Boulevard and running west approximately 2,826 feet.  The Warranty Deed consists of a 60 foot wide strip of land extending across the Thayer Canal from the western terminus of the Easement Agreement parcel continuing westerly approximately 1,216 feet and then departing in a northerly direction a 25 foot strip of land extending approximately 2,590 feet along Slim Pines Road.  There is no city funding associated with this request.

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

Resolution authorizing the execution of an Interlocal Agreement between the City of Daytona Beach and the County of Volusia.  Recent amendments to Florida Statute Section 333.03(1)(b) require every political subdivision having an airport hazard area within its territorial limits to adopt, administer, and enforce airport protection zoning regulations for the hazard area and this can be done through an Interlocal Agreement or by Ordinance.  The City currently has Airport Noise and Airport Height Overlay Districts; however, the hazard area needs to be addressed no later than July 1 and will be accomplished through this Interlocal Agreement.  This Agreement provides for cooperation and communication between the City and the airport in regards to potential development in the City that may affect the airport. 

Recommendation:  Planning Director recommends adoption of the Resolution.

Resolution approving five (5) professional engineering services continuing contracts for a term of five (5) years with three (3) one year renewal options and authorizing the city manager to exercise the renewal option.  The continuing services contract are awarded to the following:

• Tetra Tech, 201 E. Pine St., Suite 1000, Orlando, FL 32801

• McKim and Creed, 1901 Mason Ave., Suite 102, Daytona Beach, FL 32117

• Quentin L Hampton. P.O. Drawer 290247, Port Orange, FL 32129-0247

• GAI Engineers, Inc., 618 East South St, Suite 700, Orlando, FL 32801

• Arminius Consultants, LLC, 2501 Bayfront Parkway, Orlando, FL 32806

RFP No. 0517-3440 was issued in November 2016 to solicit on-call continuing professional water, wastewater and reuse collection, storage and distribution service providers for specialized design services. The design services are required to assist the City with water, wastewater and reuse issues including analysis, design, permitting, testing, bidding and construction phase services, grants, asset management studies, regulatory negotiations for water, wastewater and reuse Capital Improvement Projects and assistance in the development, implementation and administration of state and federally mandated permits.

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

Resolution awarding Continuing Services Contracts to Jay Ammon Architect. Inc., 3246 Lakeview Oaks Drive, Longwood, Florida 32779 and Intertek PSI, 1748 33rd Street, Orlando, Florida 32839 in accordance with Chapter 30 of the City Code for as-needed Roofing Design Services, for a one year term with the option of four (4) 1-year renewals, authorizing the Mayor and City Clerk to execute the contracts; and Authorizing the City Manager to exercise the renewal options.  Projects will be issued alternately between the two (2) above listed consultants by issuance of a Work Authorization. The scope of services and compensation for each project will be negotiated and mutually agreed upon prior to project issuance.  

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

Resolution awarding a Contract to Crossroads Site Development, LLC, 96 Driftwood Avenue, Ormond Beach, FL 32176 in the amount of $42,609 for the fireline construction project at the Municipal Stadium.  This request is to complete the clearing of a fire break along the eastern property boundary of the Municipal Stadium.  The eastern perimeter of the Municipal Stadium is heavily wooded and creating a fireline will establish a clear line of site near the property edge, while also creating a fire break that will protect the municipal stadium property.  An ancillary benefit of clearing the fireline along the road edge is that it can also be used as overflow parking during peak events at the stadium.  Funds available in the General Fund.

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

Resolution authorizing the Mayor and the City Clerk to execute the Local Agency Program (LAP) Supplemental Agreement (SA) No. 1 between the City and the Florida Department of Transportation (FDOT) to reduce the amount of the LAP Agreement to an amount equal to the construction contract award amount.  The LAP Agreement provides for reimbursement of the City’s cost of constructing a 12 foot wide concrete multi-use trail on the west side of Nova Road between Bellevue Avenue and South Street.  The construction contract was awarded to MCG Services, Inc., for $102,502 on April 19, 2017.  The LAP Agreement for $166,159 was approved with Resolution 16-325, however due to the lowest responsive and accepted bid being lower than the LAP Agreement amount, the FDOT has prepared this SA No. 1 to reduce the funding amount equal to the construction contract award amount.

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

Resolution approving Work Authorization No. 2 ($126,837.96) and Work Authorization No. 3 (85,623.11) with DRMP, Inc., 941 Lake Baldwin Lane, Orlando, Florida 32814 for  a total amount of $212,461.07 to complete the design, survey, and structural services for both design phases of the Orange Avenue Trail project.  Phase I starts at Beach Street and travels east along Orange Ave to the County’s Memorial Bridge trail and Phase II starts at the north side of the County’s trail and goes along the perimeter of City Island until reaching the ISB underpass trail. The River to Sea Transportation Planning Organization (TPO) has requested the City to efficiently get these designs completed prior to next year’s construction funding determination.  With the approval of the Community Redevelopment Agency (CRA) Use of Funds request, funding is available in the Downtown Redevelopment Fund.

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

Resolution awarding the Lowest Responsive Bid Contract Award to Bowman Painting, LLC, 229 Orchard Street, Ormond Beach, Florida 32174 in the amount of $37,720 for ceiling painting and plaster repair at the Peabody Auditorium.  Funds available in the Capital Projects Fund.

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

Resolution authorizing the purchase of two (2) 2017 Chevrolet Silverado 3500HD 4wd trucks from Alan Jay Fleets Sales, 2003 U.S. 27 South. Sebring, Florida 33870 in the amount of $72,038.50 utilizing Florida Sheriff's Association Bid No. FSA16-VEH14.0 & FSA16-VEL24.0. Apparatus will serve to expand the fire department's operational ability and effectiveness to provide critical fire protection in the growing wildland urban interface areas of our community. Authorizing the City Manager and Budget Officer to amend the budget as necessary and execute all required documents. Funds available in Fire/EMS Impact Fees Fund. 

Recommendation:  Fire Chief recommends adoption of the Resolution.

Resolution authorizing the purchase of 100 LED light fixtures from Graybar,1563 Jessie Street, Jacksonville, Florida the amount of $79,500 to replace the existing incandescent light fixtures on A1A (ISB to Seabreeze). This request to purchase will be pursuant to a cooperative contract between Graybar, 2400 South Division Ave, Orlando FL, 32805-6258 and the US Communities Contract No. MA-IS-1340234.  Funds available in the General Fund.

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

Resolution approving the purchase of 22 remote telemetry units (RTU’s) from BCI Technologies, 1619 E. Vine Street, Kissimmee, FL 34744 in the amount of $71,830.  The City currently has 119 sanitary sewer lift stations equipped with Schneider Electric Telemetry & Remote SCADA (Supervisory Control and Data Acquisition) early warning systems.  The remote telemetry units (RTU) are programmed to monitor and detect malfunctions in lift stations.  If a lift station experiences a malfunction or failure, there is a very short timeframe before sewage is overflowing the lift station which can cause environmental harm.  Early detection of malfunctions in lift stations is critical in receiving early notification of problems so utility staff can respond quickly.  The 22 RTU’s being replaced are obsolete and replacement parts are unavailable and there is no support for the programming software.  Sole Source is justified for this purchase because BCI Technologies is the exclusive Florida representative for the proprietary Schneider Electric Telemetry & Remote SCADA system.  Funds available in the Renewal & Replacement 8% Fund.

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

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

$75 to Gamma Mu Omega Chapter for a half page ad in the Men of Tomorrow program from the the Bike Week Sponsorship Funds of Mayor Derrick L. Henry.

Recommendation:  Chief Financial Officer recommends adoption of the Resolution.

Resolution authorizing payment in the total amount of $170,000 to Otha Johnson and his attorney, Halscott, Megaro, P.A., for release of all claims and full settlement of litigation in Case No. 6:16-CV-941-ORL-40-TBS.

Recommendation:  City Attorney recommends adoption of the Resolution.

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

$75 to Gamma Mu Omega Chapter for a half page ad in the Men of Tomorrow program, $150 to Juneteenth Festival Committee, Inc. for the 17^th Annual Juneteenth Celebration, and $500 to Cultural Services for permit fees for The F.R.E.S.H. Book Festival’s Cornbread Literacy Day, June 2017 from the Bike Week Sponsorship Funds of Commissioner Paula Reed.

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

$250 to Bethune-Cookman University Male Explorers for a general donation, $150 to Juneteenth Festival Committee, Inc., for the 17th Annual Juneteenth Celebration, $500 to Daytona Beach Pop Warner Football Cheerleading Association, Inc., for a general donation, $200 to Daytona Beach Cowboys for a general donation, and $200 to Campbell Middle School's Girls Basketball for a general donation from the Bike Week Sponsorship Funds of Commissioner Dannette Henry.

Recommendation:  Chief Financial Officer recommends adoption of the Resolution. 

Ordinance on second reading - Quasi-Judicial Hearing - approving a request to rezone 6± acres of land located west of Nova Road and north of Dr. Mary McLeod Bethune Boulevard from Single-Family Residential 5 (SFR-5), Planned Development-General (PD-G), and Local Industry (M-1) to Planned Development General (PD-G) to expand the existing auto dealership to allow for an additional 6,500 s.f. service area, additional parking, and authorizing the Mayor to execute the Hendrick Honda Daytona Planned District Agreement. Applicant:  Robert A. Merrell III, Esq., Cobb Cole, on behalf of Gene Cocchi, Hendrick Autmotive Group.

Richard Walton, Planning Director, to report.

Recommendation:  Planning Board recommends approval 7-to-0.

Action:  Motion to adopt the Ordinance.    

Ordinance on first reading - approving an Interlocal Service Boundary Agreement with the County of Volusia pursuant to §171.203, Florida Statutes, to facilitate the annexation and development on 663.25± acres of land owned by the City in the unincorporated area of the County.

James S. Morris, Deputy City Manager, to report.

Recommendation: Deputy City Manager recommends adoption of the Resolution.

Action:  Motion to pass the Ordinance on first reading.

     Note:  If passed, second Public Hearing, June 21, 2017. 

Resolution approving the First Step Shelter Interlocal Grant Agreement between the City of Daytona Beach and Volusia County. The Agreement clarifies the responsibilities, obligations, duities, powers, and liabilities of the City and County as to the facility.  The County of Volusia will provide $2,500,000 to aid in construction of the Facility and an annual amount of $400,000 for five years for the operation of the Facility.

James S. Morris, Deputy City Manager, to report.

Recommendation: Deputy City Manager recommends adoption of the Resolution.

Action:  Motion to adopt the Resolution.

Resolution approving an Interlocal Agreement between the City of Daytona Beach and the County of Volusia to identify the permitted uses in the parking areas at the Ocean Center, 101 North Atlantic Avenue.

Richard Walton, Planning Director, to report.

Recommendation:  Planning Director recommends approval.

Action:  Motion to adopt the Resolution. 

Resolution authorizing the institution of foreclosure proceedings on properties within the City that have outstanding Code Enforcement liens, pursuant to Chapter 162, Florida Statutes. The process includes identifying properties that satisfy the requirements for a foreclosure proceeding. The City Attorney has identified certain properties that meet the criteria for foreclosure, and is requesting authorization to institute the foreclosure process commencing with those properties.

Robert Jagger, City Attorney, to report.

Recommendation:  City Attorney recommends adoption of the Resolution.

Action:  Motion to adopt the Resolution. 

Resolution appointing one member to the Beautification/Tree Advisory Board. The board shall consist of seven members. One member shall be nominated by each City Commissioner from among the resident of the zone, plus one at-large member nominated by the Mayor who may be a resident of any City Commission zone. All board members shall be resident of the City and qualified electors. Zone 4 has an open position and there is one applicant from this zone: Kandi Schromm.

Betty Goodman, Assistant City Manager, to report.

Recommendation:  Commission action.

Action:  Motion to adopt the Resolution.

Resolution appointing seven (7) members to the Nuisance Abatement Board. The board shall consist of seven members appointed by the city commission for two-year terms and may be reappointed to successive terms. Members of the board shall be persons who are registered electors of the city. The membership term expiration for members appointed from this agenda item will be 11/30/19. We have received eight applications.  The following persons would like to be reappointed: Paul Rice, Jr., Carl Fields, Kelly Parsons Kwiatek, Ed Savard and Norma Bland. Additional applications are from Anne Ruby, Bryant Wilcox and Jennifer Stalling.

Betty Goodman, Assistant City Manager, to report.

Recommendation:  Commission action.

Action:  Motion to adopt the Resolution.