Approval of the minutes of the August 2, 2017 Regular Meeting of the City Commission held at City Hall, 301 South Ridgewood Avenue, Daytona Beach, Florida.

Residential Award:

Phillip and Amy Reed, 1332 Cadillac Drive, Commissioner Dannette Henry, Zone 5, to present.

Commercial Award:

O.V. Williams & Associates, Inc., 1601 Mason Avenue, Mayor Derrick L. Henry to present.

The City of Daytona Beach has been awarded $1,761,060 in grant funds by the St. Johns River Water Management District.  This grant will assist in funding construction of the City’s Bennett Swamp Wetland Rehydration Project.  When complete, this project will help reduce reuse water distribution to the Halifax River and aid in recharging the Florida Aquifer.

Abby Johnson, SJRWMD’s Intergovernmental Coordinator, will be presenting a check to symbolize the District’s partnership with the City.

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 the proposal in the amount of $34,450 from LTG, Inc. (fka Lassiter Transportation Group), 1450 W Granada Blvd, Suite 2, Ormond Beach, FL 32174, for preparation of Safe Routes to School (SRTS) needs assessment report/grant application for the City’s submission. Recently the Florida Department of Transportation (FDOT) invited city and county representatives to a Safe Routes to School (SRTS) funding program meeting. The FDOT will be issuing a Call for SRTS Projects on September 1st through December 29th for Local Agencies to submit their needs assessment/applications.   

The SRTS Grant Application is an extensive process that essentially requires a Mini-area study/assessment of the pedestrian facility improvements needed to get school children to and from school safely.  However the benefit will be great as the design, CEI, and construction funds are all 100% reimbursable with the awarded grant.  LTG, Inc. has submitted their Scope and Fee Proposal to assist the City with preparing the application including required assessment studies for each school. The study/needs assessment shall include at a minimum identifying safety concerns for children walking and biking to and from school, a conceptual plan of the suggested safety improvements, developing cost estimates for the safety improvements, and coordination between the schools, the City and County departments.  Funds available in the Capital Projects Fund.

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

Resolution authorizing the approval, execution and granting of a Right of Way Utilization License to the Florida Department of Transportation (FDOT) for the purpose of constructing, operating and maintaining a new 36" diameter stormwater outfall utility pipe within the City-owned Charles Street right-of-way from West International Speedway Boulevard (WISB) northerly approximately 700' connecting to an existing 4' x 7 concrete box culvert that eventually discharges to the Halifax River. The new outfall pipe is twice the diameter of the existing outfall pipe being used by the FDOT. This stormwater outfall improvement will provide a positive outfall that will eliminate or reduce the flooding of this segment of WISB under all but the very largest of storm events.  There is no City funding associated with this request.

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

Resolution approving the Cypress Trails and Birchwood Subdivision Utility Infrastructure and Cost Share Agreement between the City of Daytona Beach and Grande Champion Partners, LLC in the amount of $200,000 to reimburse the cost of the design, permitting and construction of an 8” water main extension and authorizing the City Manager to accept a utility easement on the City’s behalf from the County of Volusia for the construction of the 8” waterline extension through a County owned parcel.  Funds available in the Renewal and Replacement 8% Fund.

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

Resolution authorizing the approval and execution of a Partial Final Estimate Reconciliation Agreement with Thadcon, LLC, 593 North Street, Daytona Beach, Florida 32114 for construction of the Orange Avenue Infrastructure Improvements Project and establishing the Final Completion date for the completed work as June 14, 2017.  Approval of this Agreement will provide payment in full to Contractor for the work that is completed, sets forth the credit to be provided to the City, will waive any right to claims that the Contractor may otherwise have regarding completed work and sets forth conditions and timeframe under which Contractor will return to complete the remaining minor unfinished work after Florida Power & Light  has completed the undergrounding of the power system and services.  No funding is required for this request.

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

Resolution approving the Final Reconciliation Agreement with FieldTurf – A Tarkett Sports Company (FieldTurf), 7445 Cote-de-Liesse Road, Montreal, PQ, Canada H4T 1G2 to establish the Final Completion date as July 21, 2017.  This work included the replacement of the artificial turf and a new state of the art field surface cooling technology at the Municipal Stadium. The work also resolved the stormwater subsurface infiltration problems, raised the field, provided enhanced conveyance of stormwater runoff away from the field, and widened the field to Major League Soccer standards that also accommodates local and regional La Crosse league play.  No additional funding is required to execute the Final Reconciliation Agreement. 

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

Resolution approving the City's renewal of five (5) Continuing Professional Services Contracts for two (2) terms of one (1) year each and extending the original expiration from November 4, 2017 to November 4, 2019 with the following Corporations:

• Planning Solutions Corp., P. O. Box 4036, Ormond Beach, Florida 32175

• Lassiter Transportation Group, Inc., 1450 West Granada Boulevard, Suite 2, Ormond Beach, Florida 32174

• Traffic Engineering Data Solutions, Inc., 80 Spring Vista Drive, Debary, Florida 32713

• Vanasse Hangen Brustlin, Inc., 225 E. Robinson Street, Suite 300, Orlando, Florida 32801-4326

• Ghyabi & Asssociates, Inc., 1459 N. US Highway 1, Suite 3, Ormond Beach, Florida 32174

Recommendation:  Planning Director recommends adoption of the Resolution.

Resolution awarding Continuing Services Contracts 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 Professional Surveying Services, for a term of two (2) years with three (3) 1-year renewal options, and authorizing the City Manager to exercise the contract renewal options. 

A Request for Proposals was issued for Continuing Services Contracts for Professional Surveying Services, and seven (7) consulting firms responded.  The City’s Selection Committee convened on April 7, 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 four (4) of those firms and staff negotiated the contracts.  The firms selected were as follows:

• Southeastern Surveying & Mapping Corp., 6500 All American Blvd., Orlando, FL 32810

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

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

• McKim & Creed, Inc.,139 Executive Circle, Suite 201, Daytona Beach, FL  32114

Projects will be rotated between the four (4) 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 awarding Continuous Services Contracts for Geotechnical and Materials Testing for Municipal Projects 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 Professional Surveying Services, for a term of two (2) years with three (3) one-year renewal options, and to authorizing the City Manager to exercise the contract renewal options.

A Request for Proposals was issued for Continuing Services Contracts for Geotechnical and Materials Testing for Municipal Projects, and four (4) consulting firms responded.  The City’s Selection Committee convened on May 23, 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 two (2) of those firms and staff negotiated the contracts.  The firms selected were as follows:

• Universal Engineering Sciences, Inc., 911 Beville Rd, Daytona Beach, FL 32119

• Ardaman & Associates, Inc., 8008 S Orange Ave, Orlando, FL 32809

Projects will be rotated between the two (2) 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 Work Authorization No. 2 to Contract No. 0517-3440ARM, with Arminius Consultants, LLC, 2501 Bayfront Parkway, Orlando, FL 32806 for design, permitting, bidding and construction phase services for improvements to the city’s reclaim distribution system for an amount not to exceed $167,214.81. Funds available in the Water & Sewer Improvement Fund. 

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

Resolution approving Work Authorization No. 1 in the amount of $99,501.82 and Work Authorization No. 2 in the amount of $52,325.85 with Alta Planning + Design (APD), 313 Datura St, No. 100, West Palm Beach, FL 33401 for a total amount of $151,827.67 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 Avenue 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 International Speedway Boulevard (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.  Funds available in the Community Redevelopment Fund.

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

Resolution approving Work Authorization No. 15 in the amount of $72,466.60 with Parker Mynchenberg & Associates, Inc., 1729 Ridgewood Avenue, Holly Hill, FL 32117 under existing continuing services contract No. 0111-0740-PM  to create site engineering drawings and specifications for the site improvements, construction and development of a homeless shelter including site work, paving, storm drainage and utilities distribution.  Professional Engineering design services are needed to prepare site improvement construction plans that will improve the use and value of the City's approximate 630 acre parcel on the south side of West International Speedway Boulevard (ISB) across from the Red John Drive intersection.  The engineering work will include providing access, grading, paving and utility improvements that will enhance the development, use and value of the property and support the proposed design and construction of the First Step Homeless Assistance Shelter.  Funds available in the General Fund. 

Recommendation: E-Zone Operations Manager recommends adoption of the Resolution.                                  

Resolution approving Change Order No. 5 with Traffic Control Devices, Inc. and extending their Contract time to add 90 days which is needed to revise seven (7) of the Wayfinding Signs for a total cost of $14,092.  The modification will also include adding Bethune-Cookman University to three (3) of the Type B1 signs, and to correct the street name and also change BEACH RAMP to BEACH ACCESS on four (4) of the Type G signs, and to add 90 days to the contract time to make the revisions.  The cost includes maintenance of traffic, taking the signs to the sign manufacturer to make the revisions, and reinstalling the signs.  Funds available in the Transportation 5Cent Gas Tax Fund.

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

Resolution  awarding Bid No. 0317-1980 to 4 C’s Trucking and Excavation, Inc., 331 Sawgrass Road, Bunnell, FL 32770 in the amount of $3,427,399.71 and declaring S.E. Cline Construction, Inc. a non-responsive bid. The purpose of the project is to construct the Bennett Swamp Wetland Rehydration distribution system to dispose of reuse water and lower discharges to the Halifax River.

The project will be fully funded by the following amounts upon the adoption of the FY 2017/2018 budget:

• $1,131,041.91 (SJRWMD Cost Share Grant - 33%)

• $1,713,699.86  (FDEP LP 64095 Grant- 50%))

• $582,657.94    (Renewal and Replacement 8% Fund - 17%)

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

Resolution approving the purchase of commercial playground fencing, posts and locking mechanisms in the amount of $32,089.26 from Hill's Fencing, Inc., 915 Ohio Avenue, Lake Helen, Florida  32744 and waiving competitive selection requirements of Sec. 30-58 of purchasing code, pursuant to Sec 30-1 (c). This equipment will be used for the completion and installation of required fencing to secure the play yard facility subject to the Interlocal Agreement between Volusia County and the City of Daytona Beach for the Daytona Beach Regional Library Play Yard.  Resolution 16-356 approved the Interlocal Agreement with the County of Volusia.  It is in the best interest of the City to meet its obligations in accordance with the construction schedule set by Volusia County per the Interlocal Agreement to commence with the fencing installation.  Funds available in the General Fund.

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

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

$446.38 to Cultural Services for One Sound 3 on 3 Basketball Tournament's rental fees at Derbyshire Court from the Bike Week Sponsorship Funds of Mayor Derrick Henry.

$100 to Youth Initiatives Foundation, Inc., for the 41st Annual Aerospace Youth Day, $50 to Daytona Express, Inc., Track and Field Club for a general donation, $150 to Atlantic High School Boys Basketball team for a general donation and $150 to Mainland High School Girl's Basketball team for a general donation from the Bike Week Sponsorship Funds of Commissioner Dannette Henry.

Recommendation:  Chief Financial Officer recommends adoption of the Resolution.

Resolution approving an Agreement between The City Of Daytona Beach and First Step Shelter, Inc. for the City to provide specific services and assistance to First Step Shelter, Inc. for a term of one year that renews automatically. The First Step Shelter, Inc. Board approved this Agreement on February 8th 2017.

Recommendation:  Community Relations Manager recommends adoption of the Resolution.

Resolution authorizing the City Manager to spend up to $129,831.18 to complete the Joe Harris Park renovations.  The City Commission previously approved Resolution No. 17-236 authorizing a contract with Sanderson Concrete, 2440 Timberview Drive, New Smyrna Beach, FL  32168 in the amount of $40,074.25 for the construction of a concrete wall.  The City Manager also purchased playground equipment for $49,973.60, using Community Development Block Grant (CDBG) funds in accordance with the CDBG Annual Action Plan.  An additional $18,716.93 was spent on miscellaneous purchases pursuant to Section 30-52 of the Purchasing Code (authorizing the City Manager to expend up to $25,000 for procurements related to the same project).  Staff needs to purchase additional labor and materials to complete the Joe Harris Park project.  Funds available in the Capital Projects Fund.

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

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

$100 to Mt. Zion A.M.E. Church for Homecoming Celebration from the Bike Week Sponsorship Funds of Commissioner Ruth Trager.

Recommendation:  Chief Financial Officer recommends adoption of the Resolution. 

Ordinance on first reading  - PUBLIC HEARING - adopting a Large Scale Comprehensive Plan Amendment (LSCPA) changing the Future Land Use Map (FLUM) designation from Volusia County - Conservation ( C) to City - Low Intensity Urban (LIU) for 626± acres of land located northwest of Interstate 4 and south of International Speedway Boulevard (ISB); amending the Future Land Use Element to implement the Interlocal Service Boundary Agreement (ISBA) between the City and the County; and amending the Intergovernmental Coordination Element to establish the ISBA as the joint plannng agreement required by §171.204, Florida Statutes.  Applicant: Development and Administrative Services, Planning Division.

Richard Walton, Planning Director, to report.

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

Action:  Motion to pass the Ordinance on first reading.

    Note:  If passed, Public Hearing, September 20, 2017

Ordinance on second reading - PUBLIC HEARING - adopting an ordinance enacting a 90 day extension to the temporary moratorium on the filing, acceptance, or processing of any permit, development order, or other official action of the City having the effect of authorizing the construction of Wireless Communication Antenna Support Structures (“WCASS”) within City rights of way adopted on March 1, 2017 by Ordinance No. 17-59.  The City of Daytona Beach continuously monitors and reviews the City’s Code of Ordinances and Land Development Code (LDC) in order to ensure that they appropriately regulate development and zoning within the City. The City also has an obligation to manage City rights-of-way in a manner that protects public health, safety, and welfare, including with respect to aesthetic concerns. The existing provisions of the City Code and LDC that regulate City rights-of-way activities, do not contemplate or clearly address the deployment of WCASS in the rights-of-way.  During the current moratorium the City has halted the processing of applications to deploy WCASS within City rights-of-way in order to give the City adequate time to plan, consider, review, and adopt regulations, or revise existing regulations. The time additional afforded will allow the City to devise regulations that fully address the public interest while also complying with federal and state laws.

David Waller, Deputy Public Works Director, to report.

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

Action:  Motion to adopt Ordinance.

Ordinance on second reading - Quasi-Judicial Hearing - approving a request to rezone 5.9± acres of land located at 950 Derbyshire Road from Single-Family Residential 5 (SFR-5) to Planned Development-General (PD-G), to allow the construction of a classroom building, multi-purpose school building and expansion of the Sanctuary with associated landscaping and infrastructure, and authorizing the Mayor to execute the Living Faith World Ministries Planned District Agreement.  Applicant: Kimberly A. Buck, Alann Engineering Group, on behalf of Living Faith World Ministries.

Richard Walton, Planning Director, to report.

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

Action:  Motion to adopt Ordinance.

Ordinance on second reading - PUBLIC HEARING - amending the 530 Mason Planned District Agreement, to allow additional uses to include a sign manufacturing and installation business, and authorizing the Mayor to execute the Amended and Restated 530 Mason Planned District Agreement.  Applicant: Jerry Finley, P.E., Finley Engineering Group, on behalf of Omar Badran.

Richard Walton, Planning Director, to report.

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

Action:  Motion to adopt Ordinance. 

Ordinance on second reading - PUBLIC HEARING - amending the City of Daytona Beach Police Officers' and Firefighters' Retirement System, Subpart D of the City Charter; Amending Section 1, Definitions by amending the definitions of "Accumulated Contributions", "Credited Service", “Firefighter", and "Spouse"; amdending Section 6, Benefit Amounts and Eligibility; amending Section 8, Disability; amending Section 9, Vesting; amending Section 10, Optional Forms of Benefits; amending Section 15, Maximum Pension; amending Section 24 Prior Police or Fire Service; amending Section 27, Deferred Retirement Option Plan; adding Section 29, Supplemental Benefit Component for Special Benefits; Chapter 175 and 185 Share Accounts.

James Sexton, Human Resources Director, to report 

Recommendation:  Human Resources Director recommends adoption of  the Ordinance.

Action:  Motion to adopt Ordinance.     

Ordinance on first reading - amending the Minto Tomoka-Parcel B Planned District Agreement, to allow for minimum specialty setback requirements for air conditioning units, heating units, and pool pumps, and authorizing the Mayor to execute the First Amendment to Minto Tomoka-Parcel B Planned District Agreement.  Applicant: Robert A. Merrell III, Esq., Cobb Cole, on behalf of Minto Communities, LLC.

Richard Walton, Planning Director, to report.

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

Action:  Motion to pass the Ordinance on first reading.

    Note:   If passed, Public Hearing, September 6, 2017.

Resolution appointing two (2)  Planning Board members, one to serve on the Downtown Redevelopment Board and one on the Midtown Redevelopment Board. Article 2 §3 (b) of the Land Development Code amended by Ordinance No.15-23 states that Redevelopment Boards shall consist of seven (7) members and a Planning Board member who shall serve as an ex officio nonvoting member appointed by the City Commission. The Planning Board voted that Cathy Washington would be their representative on the Downtown/Ballough Road Redevelopment Board and Tony Barhoo would be their representative on the Midtown Redevelopment Board.

Betty Goodman, Assistant City Manager, to report.

Recommendation:  Commission action.

Action:  Motion to adopt the Resolution.

Resolution appointing four (4) members to the Beachside Redevelopment Board.  The board shall consist of seven (7) members and a Planning Board member who shall serve as an ex-officio nonvoting member appointed by the City Commission.  Members shall reside or have their principal place of business  either in the Main Street Redevelopment Area (MSRA) or the South Atlantic Redevelopment Area (SARA).  A majority of the board members shall be residents of the City.  The Planning Board has voted for James Newman to continue as their representative on the board (ex officio nonvoting).  The additional three appointments are to fill the positions formally held by:  Linda Miller, Suzanne Ramsey and Theresa Cantrell.  All three positions must be filled by city residents to comply with the LDC provision that a majority of Board members shall be city residents.  We have applications from six residents that are eligible candidates for this board:  Amy Casey, Mike Dennis, Jennifer Nazak, Karen Robey, Marcia Tuggle and Cheryl Whelan.

Betty Goodman, Assistant City Manager, to report.

Recommendation:  Commission action.

Action:  Motion to adopt the Resolution.

Resolution appointing one member to the Historic Preservation Board representing Zone 6.  The board shall consist of nine (9) members appointed by the City Commission.  At least one member shall be an Architect.  Members shall be appointed on the basis of civic pride, integrity, experience, interest in historic preservation and requirements necessary for the City to maintain status as a Certified Local Government.  The majority of members shall be residents of the City.  Dr. Daniel Stotland representing Zone 6 would like to be appointed.  There are no additional applicants.

Betty Goodman, Assistant City Clerk, to report.

Recommendation:  Commission action.

Action:  Motion to adopt the Resolution.

Resolution appointing Sheryl Cook, member of the Downtown Development Authority (DDA), to serve as their representative on the Downtown Redevelopment Board. Article 2 §3 (a) of the Land Development Code amended by Ordinance No. 15-23 states that the Downtown Redevelopment Board shall consist of seven (7) members appointed by the City Commission and one (1) Planning Board member who shall serve as an ex officio nonvoting member. Membership shall include six (6) members who reside or have their principal place of business in either the Downtown Redevelopment Area (DRA) or the Ballough Road Redevelopment Area (BRRA) and one (1) member of the Downtown Development Authority, who shall serve ex-officio (DDA).

Betty Goodman, Assistant City Manager, to report.      

Recommendation:  Commission action.

Action:  Motion to adopt the Resolution.

Resolution appointing two (2) members to the Leisure Services Advisory Board. This 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. The membership terms of Steve Miller (zone 2)  and John Huger (zone 6)  have expired and both individuals would like to be reappointed. There are no additional applicants from these zones. 

Betty Goodman, Assistant City Manager, to report.

Recommendation:  Commission action.

Action:  Motion to adopt the Resolution.