Approval of the minutes of the June 7, 2017 Regular Meeting of the City Commission held at City Hall, 301 South Ridgewood Avenue, Daytona Beach, Florida.

Residential Award:

Ken and Cheri Palicki, 220 Taylor Avenue, Commissioner Kelly White, Zone 3, to present.

Commercial Award: Pasha Middle East Café, 919 West International Speedway Boulevard, 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 settlement in Civic Holdings I Trust v. Daytona Ocean Rentals, LLC, et al., case number 2017-30123-CICI, brought by the mortgage holder relating to property located at 613, 615, and 617 Braddock Avenue. There are currently two inferior City code liens on the subject property which are subject to the foreclosure action, which total $40,000. The mortgage holder has agreed to accept a deed in lieu of foreclosure from the property owner and to bring the property into compliance, contingent upon the City's reduction of its code liens to $2,500.

Recommendation:  City Attorney recommends adoption of the Resolution. 

Resolution approving settlement of litigation in The City of Daytona Beach v. The De Moya Group, Inc., Case No. 2015-10040-CIDL, Circuit Court, Seventh Judicial Circuit, Volusia County, Florida. Settlement terms: City to receive payment from The De Moya Group, Inc., in the sum of $90,000 in exchange for the City's release of any claim it may have against The De Moya Group, Inc., for an incident that occurred on April 11, 2013.

Recommendation:  City Attorney recommends adoption of the Resolution.

Resolution authorizing the acceptance of a Conceptual Master Plan and authorizing Planning Solutions Corporation to pursue grant funding for necessary upgrades at Derbyshire Park, one of the City's most used parks.  The Master Plan includes an All-purpose grass field for football or soccer, a practice field, a baseball field, a softball field, batting cages, scoreboard, restrooms, team locker rooms, press boxes, umpire maintenance offices, an interactive water feature, a new playground, a new skate pare, courtyard and promenade, a nature trail, new parking lots, and a Derbyshire/Vine connection which will connect the Yvonne Scarlett-Golden Center to the Derbyshire Park complex. The park will be developed in accordance with the Master Plan as funds become available. 

Recommendation:  Cultural Services and Community Events Director recommends adoption of the Resolution.

Resolution approving Amendment No. 3 to the Florida Department of Environmental Protection State Financial Assistance Agreement (DEP Agreement No. LP64094) for the Halifax River Subaqueous Sewer Force Main Project and authorizing the City Manager to sign  Amendment No. 3 and any future minor change orders as defined in the agreement.  This Amendment includes adjustments to the work plan to reflect actual costs and date ranges for each task and includes several revisions to the state’s form contract to be consistent with their current standard contract.  These revisions have been made for consistency between the requirements in the standard LP grant agreement and the Clean Water State Revolving Loan agreement for which this project is already complying. There is no City funding associated with this request.

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

Resolution ratifying an emergency expenditure of $40,876 to Petroleum Technicians, 1776 Langley Avenue, Deland, Florida  32724 to repair a leaking diesel fuel tank and a 20-year old gasoline fuel tank on the verge of leakage with their respective fuel lines at the Halifax Harbor Marina.  Funds available in the Halifax Harbor Fund.

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

Resolution renewing year four of a five year contract with Carr, Riggs & Ingram, LLC, 215 Baytree Drive, Melbourne, FL 32940 (Contract No. 0214-1390) for external auditing services for the 2016-2017 fiscal year in the amount of $86,100 and authorizing the City Manager to approve the option to renew for the 2017-2018 fiscal year at a cost of $88,100 subject to budgeting.  The current contract with Carr, Riggs & Ingram, LLC to perform annual audits of the City's financial statements for fiscal years ending September 30, 2014, 2015 and 2016 in the amount of $84,100, $84,100 and $86,100 respectively with two (2) one (1) year options was approved by Resolution 14-207.  Funds are subject to future budget appropriation and would be available in the General Fund, Water Sewer Fund and Solid Waste Management Fund for renewal year 4 (fiscal year 2016-2017) and renewal year 5 (fiscal year 2017-2018) in budget years 2017-2018 and 2018-2019, respectively.

Recommendation:  Chief Financial Officer recommends adoption of the Resolution.

Resolution awarding Continuing Services Contracts to GAI Consultants Inc., Traffic Engineering Data Solutions Inc., DRMP Inc., Alta Planning + Design Inc., RAM Professional Group Inc., and CPH Inc., in accordance with Chapter 30 of the City Code, and the Consultants’ Competitive Negotiations Act, Section 287.055 of the Florida Statutes, for as-needed Civil Engineering with an Emphasis on Trails, for a term of two (2) years with three (3) one-year renewal options, authorizing the Mayor and City Clerk to execute the contracts; and authorizing the City Manager to exercise the contract renewal options. A Request for Proposals was issued for Continuing Services Contracts for Civil Engineering with an Emphasis on Trails, and eight (8) consulting firms responded.  The City’s Selection Committee convened on March 2, 2017 to review the Proposals received in response to the referenced RFP, and scored those proposals in accordance with the evaluation criteria published in the RFP.  Based on the Committee’s recommended short list, the City Manager selected six (6) of those firms and staff negotiated the contracts.  The firms selected were as follows:

• GAI Consultants Inc., 618 E South Street, Suite 700, Orlando, FL 32801

• Traffic Engineering Data Solutions Inc., 80 Spring Vista Drive, DeBary, FL 32713

• DRMP Inc., 941 Lake Baldwin Lane, Orlando, FL 32814

• Alta Planning + Design Inc., 313 Datura Street, # 100, West Palm Beach, FL 33401

• RAM Professional Group Inc., 8298 Bayberry Road, # 1, Jacksonville, FL 32256

• CPH Inc., 500 W Fulton Street, Sanford, FL 32771

Projects will be rotated between the six (6) above listed consultant firms 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.  Work Authorizations will be issued when a project is awarded to a contractor.

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

Resolution approving the Membership Funding Agreement for the River to Sea Transportation Planning Organization in the amount of $6,457. The agreement is to provide the River to Sea Transportation Planning Organization (R2CTPO) with funding to support the functions necessary to achieve its desired role in planning the transportation system. The R2CTPO is the duly designated and constituted body responsible for carrying out the urban transportation planning and programming process for Volusia County and portions of Flagler County.  Funds available in the Development Services - Memberships Fund.

Recommendation:  City Manager recommends adoption of the Resolution.

Resolution approving a 15 year license agreement between the City of Daytona Beach and Flotilla 44, Division 04, Seventh District United States Coast Guard Auxiliary for the use of S. Cornelia Young Memorial Library.  The proposed license agreement will help facilitate Flotilla 44 in accomplishing the purpose of Coast Guard Auxiliaries and provide the boating public with essential services and resources.  The agreement is non-exclusive and non-compensatory.  No City funding is required.

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

Resolution approving a lease agreement between the City of Daytona Beach and Worm Burner's, LLC, 1119 Squirrel Nest Lane, Port Orange, Florida  32129 for the restaurant facility at the City municipal golf course.  The lease agreement will be for a five-year term commencing July 1, 2017 with two five-year renewal options.  The proposed restaurant will be known as Worm Burner's Bar and Grill and will offer breakfast and lunch.  They will also operate a mobile beverage cart.  No City funding is required.

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

Resolution approving Continuing Services Work Authorization No. 31 (Contract No. 2006-21-ZC, Res No. R08-258) with Zev Cohen & Associates, Inc., 300 Interchange Boulevard, Suite C, Ormond Beach, FL 32174, in the amount of $85,337.84 for the designing of the Derbyshire Park Multi-Use Promenade Trail Project.  The Project consists of a 14 foot wide concrete trail inside of Derbyshire Park that will span between the existing sidewalk along Derbyshire Road and the existing sidewalk in front of the Yvonne Scarlet Golden Center.  This project is necessary due to the growth in area surrounding Derbyshire Park and Yvonne Scarlet Golden Center.  This is an Florida Department of Transportation (FDOT) Local Agency Program (LAP) Project which will provide reimbursement for the construction costs.  The design costs will not be covered by the LAP Agreement but will count towards our City Matching Funds.  Funds available in the Rec/Parks/Cultural Impact Fees Fund.

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

Resolution approving Continuing Services Work Authorization No. 32 (Contract No. 2006-21-ZC, Res No. R08-258) for Zev Cohen & Associates, Inc., 300 Interchange Boulevard, Suite C, Ormond Beach, Florida 32174 in the amount of $79,329.40, for the designing of the Derbyshire Park Neighborhood Sidewalks Project – Phase 1.  The Derbyshire Park Neighborhood Sidewalks Project consists of 6 foot wide concrete sidewalks on the west side of Vine Street (from Brentwood Drive to 4th Street), and on the north side of 3rd Street (from Vine Street to Nova Road), connecting to Derbyshire Park.  This project will also include stormwater drainage improvements, pedestrian safety enhancements, and Historical and Cultural Resource Assessments.  This is an Florida Department Of Transportation (FDOT) Local Agency Program (LAP) Agreement Project which will provide reimbursement for the construction costs.  The design costs will not be covered by the LAP Agreement but will count towards our City Matching Funds.  Funds available in the Stormwater Improvement Construction Fund.

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

Resolution approving Continuing Services Work Authorization No. 33 (Contract No. 2006-21-ZC, Res No. R08-258) for Zev Cohen & Associates, Inc., 300 Interchange Blvd., Suite C, Ormond Beach, FL 32174, to design the Derbyshire Park Neighborhood Sidewalks Project – Phase 2 for a total cost of $58,494.  The Derbyshire Park Neighborhood Sidewalks Project – Phase 2 consists of 5 to 6 foot wide concrete sidewalks on the following streets which will close the gaps throughout the Derbyshire Park Neighborhood and connect to Derbyshire Park:

•           Vine St (Mason Ave to Brentwood Dr)

•           Brentwood Dr (Berkshire Rd to Nova Rd)

•           4th St (Lewis Dr to Derbyshire Rd)

•           5th St (Lewis Dr to Derbyshire Rd)

•           5th /4th St (Derbyshire Rd to Vine St)

•           Vine St (4th St to 6th St)

•           6th St (Vine St to Nova Rd)

This project will also include stormwater drainage improvements, pedestrian safety enhancements, and Historical and Cultural Resource Assessments.  This is an Florida Department of Transportation (FDOT) Local Agency Program (LAP) Project which will provide reimbursement for the construction costs.  The design costs will not be covered by the LAP Agreement but will count towards our City Matching Funds.  Funds available in the Stormwater Improvement Construction Fund.

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

Resolution awarding the Lowest Responsive Bid to R. J. Landscape Contractors, Inc., 1766 Taylor Road, Port Orange, Florida 32128, in an estimated amount of $187,960 per year and authorizing the Mayor and City Clerk to execute Contract No. 0117-1300.  The Contract provides for R. J. Landscape Contractors to perform Landscape Maintenance and Mowing services on the north and south sides of West International Speedway Boulevard from Nova Road to I-95, including 21 medians within these limits as further described in Exhibit A, Scope of Services, of the Contract.  This Contract is for a thirty (30) month term from July 1, 2017 to December 31, 2019 with an option to renew for up to two (2) terms of one (1) year each, by providing the Contractor written notice at least sixty (60) days before the end of the current term and authorizing the City Manager to exercise the renewal options.

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

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

$250 to Juneteenth Festival Committee, Inc., for the 17th Annual Juneteenth Celebration from the Bike Week Sponsorship Funds of Mayor Derrick Henry.

$500 to Juneteenth Festival Committee, Inc., for the 17th Annual Juneteenth Celebration, $500 to Campbell Middle School for a general donation and $4291 to First Step Shelter Inc., for a general donation from the Bike Week Sponsorship Funds of Commissioner Aaron Delgado.

Recommendation:  Chief Financial Officer recommends adoption of the Resolution.

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

$150 to Bethune-Cookman University for the Community Garden, Raised Planter Bed 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 - 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 Ordinance.

Action:  Motion to adopt the Ordinance.

Resolution - PUBLIC HEARING - approving a Public Use Permit to allow a public parking lot as permitted principal use in the RDM-5 (Neighborhood Transition Mixed Use) zoning district.  The permit will allow the City to build a public parking lot and regional storm water improvements at the City's former Grounds Maintenance yard located at 544 Orange Avenue which will support redevelopment of the adjacent MLK Lofts project and encourage future redevelopment along Orange Avenue in the Midtown Redevelopment Area.

Reed Berger, Redevelopment Director, to report.

Recommendation:  Redevelopment Director recommends adoption of the Resolution.

Action:  Motion to adopt the Resolution.

Resolution - PUBLIC HEARING - authorizing the City of Daytona Beach to enter into The Tomoka Town Center Transportation Improvements Cost Allocation Agreement, with the County of Volusia ("County"), and the North American Development Group, LLC ("NADG"), to address traffic concurrency and traffic roadway impacts occasioned by NADG's development referred to as Tomoka Town Square, and approving the proportionate fair-share contribution by NADG. The agreement provides for contribution by NADG to the County roadway concurrency management as required by the County road impact fee schedule in the amount of $1,796,043.00. The express purpose of the payment is to allow it to be held in excess of three (3) years by the County as the County assembles all of the funds necessary to conduct a meaningful widening of Williamson Boulevard between LPGA Boulevard on the south to just south of the Hand Avenue extension on the North. It is anticipated with new development, including an approximate 1.1 million square foot distribution facility soon be proposed, for the area funding for Williamson Boulevard improvements will become available.

Per the agreement, the City improvements to be received are a combination of impact fee payment (approximately $405,327.92) and physical modification or construction to wit: inbound right turn lane, dual exit left turn lanes, traffic light installation at the intersection of Outlet and Cornerstone. Installation of four (4) way stops at driveways 6 and 7. Note: It is expected driveway 6 will, with the next phase of multifamily residential development east of NADG's town center, be converted from a four (4) way stop to a traffic light.  With performance of the terms of the attached roadway agreement, both City and County, concurrency requirements will be met and insure that the proposed development will conform to the terms of the City’s comprehensive plan.

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

Recommendation: Deputy City Manager recommends adoption of the Resolution.

Action:  Motion to adopt Resolution.

Ordinance on first reading  - adopting a Large Scale Comprehensive Plan Amendment (LSCPA) previously transmitted to state and local jurisdictions changing the Future Land Use Map (FLUM) designation from Urban Transition to General Industrial for 158.62± acres of land generally located north of International Speedway Boulevard and east of Indian Lake Road.  Applicant: Robert A. Merrell III, Esq., Cobb Cole, on behalf of Scott Bullock, Indigo Development LLC/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, July 5, 2017. 

Ordinance on first reading - approving a request to rezone 850.2± acres of land located north of International Speedway Boulevard and east of  Indian Lake Road from Volusia County Agricultural (A-2) and City Heavy Industrial (M-5) to City Planned Development-General (PD-G) to allow for industrial uses and associated site improvements, and authorizing the Mayor to execute the Firetower Road Planned District Agreement.  Applicant: Robert A. Merrell III, Esq., Cobb Cole, on behalf of Scott Bullock, Indigo Development LLC/Consolidated–Tomoka Land Co.

Richard Walton, Planning Director, to report.

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

Action:  Motion to pass Ordinance on first reading.

    Note:  If passed, Public Hearing, July 5, 2017

Ordinance on first reading - adopting a Small Scale Comprehensive Plan Amendment changing a portion the Future Land Use Map designation for a 5± acres of land located at 1250 Beville Road as follows: .52± acre from Church to Level 2 Residential, 1.65± acres from Church to Retail, and .83± acre from Level 2 Residential to Retail.   Applicant: Robert A. Merrell III, Esq., Cobb Cole, on behalf of Neil T. Buck, JB Realty Partners, LLC.

Richard Walton, Planning Director, to report.

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

Action:  Motion to pass the Ordinance on first reading.

    Note:  If passed, Public Hearing, July 5, 2017.

Ordinance on first reading - approving a request to rezone 5± acres of land located at 1250 Beville Road from Multifamily Residential 20 (MFR-20) to Planned Development-General (PD-G) to allow for retail/commercial and residential units, and authorizing the Mayor to execute the Bellewood Commons Planned District Agreement.  Applicant: Robert A. Merrell III, Esq., Cobb Cole, on behalf of JB Realty Partners, LLC.

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, July 5, 2017.

Resolution approving the Final Plat for Latitudes at Daytona Beach Phase 1 on  173.367 +/- acres of land for development of a residential subdivision.  The project is  located on the north side of LPGA Boulevard and just west of Tymber Creek Road South.  The Preliminary Plat was recommended for approval by the Planning Board at their April 23, 2015 meeting by a 6 to 0 vote. 

David Waller, Deputy Public Works Director, to report.

Recommendation:  Deputy Public Works Director 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. **Continued from 06-07-17 City Commission Meeting** 

Richard Walton, Planning Director, to report.

Recommendation:  Planning Director recommends approval.

Action:  Motion to adopt the Resolution. 

Resolution appointing one member to the Housing Authority Commission. Members are appointed by the Mayor and approved by the City Commission. The board shall consist of five (5) members serving four (4) year terms. The membership term of Robin Courtney expired on 4/02/17.  We have applications from the following individuals: Robin Courtney (for reappointment), Richard Jass, William Lee and Hemis Ivey.

Betty Goodman, Assistant City Manager, to report.\

Recommendation:  Commission action.

Action:  Motion to adopt the Resolution.     

Resolution appointing two members 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. Members must be  qualified electors 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 terms of Dr. Willie Kimmons and Robert Barker will expire on 6/16/17 and both gentlemen would like to be reappointed. We have no other applications.

Betty Goodman, Assistant City Manager, to report.

Recommendation:  Commission action.

Action:  Motion to adopt the Resolution