Approval of the Minutes of the August 1, 2018 and the August 15, 2018 Business Meeting of the City Commission 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 approving settlement pending employment litigation in the amount of $456,369.57 including attorneys' fees and costs, to be paid by the City's excess insurance carrier due to exhaustion of the self-insurance retention cap. 

Recommendation:  City Attorney recommends adoption of the Resolution.

Resolution authorizing acceptance of the proposal submitted for the Pier/Building property insurance policy by the insurance broker, Brown & Brown of Florida, Inc., 220 S. Ridgewood Avenue, Daytona Beach, FL  32117.  The insurance carrier, Axis Surplus Insurance Company, provided a proposal for property insurance coverage excluding named storms, windstorms, flood, wave wash/storm surge.  Coverage for the pier/building and loss of rental income coverage under this policy is for the total insured value of $10,250,000 for the period of September 30, 2018 through September 30, 2019 and for a total renewal premium of $45,004.  This is the same premium amount as FY 18.  Funds available in the Pier Fund.

Recommendation:  Human Resources Director recommends adoption of the Resolution.

Resolution authorizing the acceptance and payment of the property insurance proposals submitted by Brown & Brown of Florida, Inc., 220 Ridgewood Ave Daytona Beach, FL  32115 on behalf of:

• Landmark American Insurance Company for buildings/structures, contents and machinery with a total insured value of $199,079,76 for all risk coverage exclusing damage resulting from named storms
• Arch Insurance Company providing $1,000,000 layer of named storm/flood coverage for the buildings/structures, contents and machinery insured under the Landmark Insurance policy
• Preferred Governmental Insurance Trust (PGIT) for named storm/flood and other perils coverage for essential buildings/structures and their contents and machinery with a total insured value of $86,157,182.

All policies are for the period of October 1, 2018 to October 1, 2019 for a total premium of $711,696.  This represents a $3,804 reduction in premium compared to FY 18.   Authorization is also requested to pay an additional property insurance premium due to adjustments of property values or coverage or addition of properties, up to an additional $10,000 for the period of October 1, 2018 to October 1, 2019.  Funds available in the Consolidated Insurance Fund.

Recommendation:  Human Resource Director recommends adoption of the Resolution.

Resolution approving a one year software service agreement with Harris Computer Systems, 1 Antares Dr., Suite 400, Ottawa, Ontario K2E 8C4 as sole source provider for software maintenance and support for the Select Financials (SBClient) HR, Payroll, and Asset Tracking System and the NorthStar Utility Billing Customer Information System (CIS), in an amount not to exceed $135,009.68 for fiscal year 2019, including a credit issued by Harris in the amount of $2,640.00, and authorizing the City Manager to purchase software services and support for two optional years under the terms of the agreement, subject to budget approval.  Select Financials is software used for managing human resources and payroll, and for tracking assets.  The Utility Billing Division uses NorthStar CIS to process water meter readings, utility bills and payments, and to manage the utility rate structure.

 The Harris Software Service Agreement allows the City, at its discretion, to renew software service for two additional one year periods at the rates set forth in Exhibit A, and to terminate the agreement at any time, and without cause, by providing Harris with ninety (90) days written notice of termination.  The cost for the first year of maintenance is $9,832.59 less than the amount paid last year due to a reduction in the number of software licenses required for Select Financials.  Costs for the two optional renewal terms are increased at the rate of 3.9 percent per year.  Funding for FY 2019, subject to budgetary approval, is available in the Information Technology Fund.

Recommendation:  Chief Financial Officer recommends adoption of the Resolution. 

Resolution approving the request of Salon 230, INC for a Sidewalk License Agreement to provide outdoor table service in the RDD-2 (Central Business District) zoning district at 116 Magnolia Avenue.  The Agreement will permit Salon 230, INC to operate a outdoor café and place an enclosed patio structure and sidewalk café boundary.

Recommendation:  Redevelopment Director recommends adoption of the Resolution.

Resolution ratifying the emergency demolition of 331 S. Palmetto Avenue by Cross Environmental Services Inc.,  in the amount of $54,527, deemed to be imminent danger.  Applicant:  Development and Administrative Services Department, Permits & Licensing Division.  Funds available in the General Fund.

Recommendation:  Deputy City Manager, Administrative Services recommends adoption of the Resolution.

Resolution accepting a public sidewalk easement and traffic signal easement being granted by Tomoka Town Center LLC.  Per the Transportation Improvement Cost Allocation Agreement approved via Resolution 17-195 Tomoka Town Center LLC is responsible for furnishing and installing the vehicular and pedestrian traffic control devices at the intersection of Cornerstone Blvd and Outlet Blvd. Due to limited City Right of Way, easements were necessary to facilitate the construction of these facilities. The City will take ownership of these facilities after acceptance of the construction and the easements will allow for the required maintenance of the facilities.  No funding is needed.

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

Resolution accepting a Licensing Agreement between the City of Daytona Beach and BII Volusia Holdings, LLC and Mosaic Property Owners Association, Inc.  The agreement assigns liability and maintenance responsibilities to BII Volusia Holdings, LLC and Mosaic Property Owners Association, Inc., for multiple right of way encroachments associated with the Mosaic subdivision and gives the City Legal means to ensure the governed features remain in compliance and the means to terminate the Licensing Agreement.  Multiple right of way encroachments have been constructed in the Mosaic subdivision, the subdivision is located just west of LPGA Blvd and south of Tournament Drive. These encroachments consist of new Florida Tennis Center/Mosaic Sign, multiple new subdivision signs, columns and fencing, landscaping, decorative street signage, and concrete pavers within City right of way. 

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

Resolution authorizing a reimbursement to the County of Volusia, Parks, Recreation & Culture Department, 202 North Florida Avenue, DeLand, FL 32720-4618, in the amount of $41,890.  At the City's request, Volusia County pursued proposals for the installation of shade structures for the new City Island Library Playground.  Two structure types were considered which affected price and facility aesthetics.  The City selected the second option as the most cost-effective option.  The installation was completed on May 5, 2018.  Funds available in the General Fund.

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

Resolution authorizing a waiver of section 30-81(a) of the City Purchasing Code and approve Amendment No. 2 to renew the contract with USA Services of Florida, Inc., P.O. Box 520580, Longwood, Florida 32752 for a five (5) year term beginning October 1, 2018, at a cost not to exceed $354,830 in the first year, subject to appropriations thereafter.  The City entered into a contract with USA Services of Florida, Inc. on September 28, 2010 to provide street sweeping services in the City.  The contract was renewed and extended for an additional five (5) years with the same terms and conditions. 

USA Services of Florida has provided exceptional service, low rates, cost savings, and they are willing to maintain our current price of $26.33 per curb mile.  The current rate of $26.33 is lower than the rates received by Orange County on a contract competitively awarded to USA Services of Florida in 2017 at a rate of $31.40 per curb mile.  The City is requesting City Purchasing Code Sec. 30-81(a) Source Selection be waived for the aforementioned reasons.  Funds are proposed in the fiscal year 2018/2019 budget in the Stormwater Improvement Fund, subject to Commission approval.  Funding for subsequent fiscal years is subject to budget appropriations for each of the remaining years of the contract.  

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

Resolution authorizing the purchase of one new Caterpillar 420F-IT Backhoe Loader from Ring Power Corporation, 500 World Commerce Parkway, St. Augustine, FL 32092, under Florida Sheriff's Association Bid #FSA16-VEH14.0, in the amount of $103,458.  The Grounds Maintenance Division has recently been tasked with clearing several properties throughout the City due to the ongoing problems with homeless camps.  We currently have one Backhoe Loader assigned to the Grounds Maintenance Division.  The purchase of a new Backhoe Loader will allow the division to accomplish clearing the properties and maintain the daily assignments, along with addressing any emergency situations that may arise.  The new Backhoe Loader will allow the City to expedite clearing the roads in a timely manner during emergency situations, and avoid delays in obtaining a rental or outsourcing the work.  Funds available in the General Fund.

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

Resolution approving Work Authorization No. 3 under Continuing Services Contract 0517-0470-DRMP with DRMP, Inc. (DRMP) 941 Lake Baldwin Lane, Orlando, FL 32814, in an amount not to exceed $39,927.34 to provide for the assessment of the existing sea walls along the east side of Riverfront Park and along the west side of City Island between Orange Avenue and International Speedway Boulevard.  Multiple conceptual plans will be provided for consideration along with a construction cost estimate for each alternative and an approach identifying what surveying, geotechnical investigations, environmental assessments, regulatory permitting, permit/construction drawings, and technical specification will be needed for each alternative.  City forces have been actively backfilling numerous voids on the back side of the sea walls in these locations and if more permenant solutions are not implemented, the City risks the loss of the sea wall and upland assets.  Funds available in the Capital Projects Fund.

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

Resolution ratifying four (4) emergency purchase orders for a total project budget of $456,982 to perform emergency repairs by the following vendors:

• US Submergent for $62,000

• Florida Silica Sand Company for $31,850

• Keller Angelillis Design & Manufacturing, Inc. for $230,532

• On Site Services of Mid Florida, Inc., for $132,600

The purpose of this request is to fully comply with the City Purchasing Code Section 30-52 (b) Emergency Purchases.  The filters at the Westside Regional Water Reclamation Facility are scheduled to be replaced in the next two years as part of the planned Construction Manager at Risk (CMAR) project that is funded by a Clean Water State Revolving Fund Loan.  However, the existing filters are currently failing caused by filter sand getting trapped underneath the bottom of the filter troughs and clogging the underdrain system.  These filters could fail entirely at any time which would require us to shutdown reuse water distribution in the City. 

The scope of the project includes installation of new filter trough bottoms which include mesh screens located between two stainless steel plates.  The mesh screen allows the water to pass through the filter while keeping the sand from entering the underdrain.  Installation of structural supports are also included to ensure the integrity of the filter trough structure.

Due to the specialty nature of the various components of the system and the need for multiple vendors, obtaining competitive quotes for each component was not feasible.  Funds available in the 5% Renewal and Replacements fund.

Recommendation:  Utilities Director recommends adoption of the Resolution. 

Resolution approving a Final Reconciliation Agreement for the Halifax River Force Main Improvements Project under Contract No. 0317-0270 and authorizing the City Manager and City Clerk to execute the Final Reconciliation agreement with the following stipulations:

• Approve July 13, 2018, as the final completion date
• Approve March 28, 2018, as the substantial completion date and start of the warranty period
• Approve the final adjusted contract price of $4,460,216.30
• Approve a final payment of $470,855.96 due under the contract, which includes retainage

The final adjusted contract price includes an additional $115,319.62 to compensate the contractor for the installation of an additional insert-a-valve and costs associated with an obstruction encountered during the horizontal directional drill under the Halifax River.  This request is needed to close out the Halifax River Force Main Improvements Project under Contract 0317-0270 and pay the contractor for work performed.  Funds available in the State Revolving Loan – W&S Construction Fund.

Recommendation: Utilities Director Recommends adoption of the Resolution.

Resolution approving a Final Reconciliation Agreement for the Valor Boulevard Reuse Water System, Storage Tank and Pump Station Project under Contract No. 0317-1180 and authorizing the City Manager and City Clerk to execute the Final Reconciliation Agreement with the following stipulations:

• Approve August 10, 2018, as the final completion date and the beginning of the warranty period
• Approve the final adjusted contract price of $3,744,885.33
• Approve a final payment of $240,750.49 due under the contract, which includes retainage

The final adjusted contract price for the project includes an overall contract price deduction of $23,135.34 due to underruns of bid quantities not used in the project.  No additional funds are required for this request.

Recommendation:  Utilities Director recommends adoption of the Resolution.

Resolution ratifying the Eastern Volusia Regional Water Authority FY 2018-2019 adopted budget.  The purpose of this agenda item is to comply with a provision of the Eastern Volusia Regional Water Authority (EVRWA) lnterlocal Agreement requiring member governments to ratify annually the adopted budget of the Authority.  Resolution 07-61 was adopted by the City Commission on February 7, 2007 which approved an lnterlocal Agreement among Daytona Beach, Holly Hill and South Daytona creating the Eastern Volusia Regional Water Authority.   One of the provisions in the lnterlocal Agreement requires each member's governing body to formally ratify the Eastern Volusia Regional Water Authority fiscal year budget adopted by the Authority's Board of Directors prior to the Authority’s budget becoming effective on October 1.

Recommendation:  Utilities Director recommends adoption of the Resolution.

Resolution accepting lowest-best responsive bid and awarding Contract No. 0218-1790 to Stewarts Electric Motor Works, Inc., 8951 Trussway Blvd, Orlando, FL 32824 in the amount of $28,289 for the purchase of a high service pump motor for the Brennan Water Treatment Plant.  The Ralph Brennan Water Treatment Plant utilizes high service pumps which maintain potable water pressure throughout the City’s distribution system. High service pump motor #3 was damaged during Hurricane Irma.  Upon evaluation, it was determined the motor is beyond repair and needs to be replaced.  Funds available in the FEMA-Storm Events Fund ($24,753) and the General Fund ($3,536).

Recommendation:  Utilities Director recommends adoption of the Resolution.   

Resolution  accepting the low bid and awarding Contract No. 0218-1870 to UP Systems of Florida Corporation, 150 Dunbar Ave, Suite A, Oldsmar, FL. 34677, in the amount of $47,277.60 for the purchase of replacement batteries for the Ultraviolet system at the Bethune Point Water Reclamation Facility.  Battery replacement is a routine maintenance item every five years or as needed for the disinfection system to operate at a standard capacity at all times as required by Florida Department of Environmental Protection. Funds available in the 5% Revenue & Replacement account.

Recommendation: Utilities Director recommends adoption of the Resolution. 

Resolution authorizing payment in the amount of:

$250 to Greater Friendship Baptist Church for the 15th Annual Elisha Strapp Golf Tournament and $446.03 to Cultural Services for rental fees at Derbyshire Recreation Complex for One Sound, 3 on 3 Basketball Tournament from the Bike Week Sponsorship Funds of Mayor Derrick Henry.

$250 to Greater Friendship Baptist Church for the 15th Annual Elisha Strapp Golf Tournament, $250 to Daytona Beach Cowboys for a general donation and $350 to Daytona Beach Pop Warner Football Cheerleading Association, Inc., for a general donation from the Bike Week Sponsorship Funds of Commissioner Dannette Henry.

$250 to Greater Friendship Baptist Church for the 15th Annual Elisha Strapp Golf Tournament 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 - adopting a Large Scale Comprehensive Plan Amendment (LSCPA) changing the Future Land Use Map (FLUM) designation from "County" Activity Center (AC) to "City" Mixed Uses for 13.67± acres of land located on the south side of Bellevue Avenue adjacent to the Daytona Beach International Airport.  Applicant: Joseph H. Hopkins, P.E., The Performance Group, Inc., on behalf of Michael Panaggio, DME Sports, LLC.

Dennis Mrozek, Planning Director, to report.

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

Action:  Motion to adopt Ordinance.  

Ordinance on first reading - PUBLIC HEARING amending Article 5, Section 5.2.B (Use Standards) of the Land Development Code to require a minimum separation of 500 feet from Self-Storage or Mini-Warehouse uses and a Major Thoroughfare.  Applicant: Development and Administrative Services Department, Planning Division.

Dennis Mrozek, Planning Director, to report.

Recommendation: Planning Board recommends approval 4-to-0.

Action:  Motion to pass Ordinance on first reading.

  Note:   If passed, Public Hearing, September 19, 2018.

Ordinance on first reading  - PUBLIC HEARING - adopting a Large Scale Comprehensive Plan Amendment (LSCPA) changing the Future Land Use Map (FLUM) designation from General Industrial to Level 3 Residential for 17.96± acres of land located on the south side of LPGA Boulevard and east of Clyde Morris Boulevard.  Applicant: Robert A. Merrell III, Esquire, Cobb Cole, on behalf of Scott Bullock, Indigo Development LLC.

Dennis Mrozek, 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, October 17, 2018.

1. PUBLIC HEARING - Members of the general public may speak on the proposed millage rate and the FY 2018-2019 budget.

2 . Resolution of the City of Daytona Beach adopting an ad valorum property tax tentative millage rate of 6.3333 ($6.3333 per $1,000 of assessed taxable value). This is the same rate as the current millage rate and the rate utilized in the Notice of Proposed Property Taxes and a 8.21% tax increase from the rolled back rate of 5.8527; and a voted debt service tentative millage rate of 0.3090 ($0.3090 per $1,000 of assessed taxable value) which is a 8.82% reduction from the current tax rate.

3. Resolution adopting the tentative Budget for the fiscal year October 1, 2018, to September 30, 2019; prescribing estimated Revenue Sources of $ 239,061,887 and setting forth Operating Expenditures, Capital Expenditures, and Transfers of $ 239,061,887.

Fred Coulter, Budget Officer, to report.

Recommendation: City Manager recommends adoption of the Resolutions.

Action: Motion to adopt the Resolutions and set the second Public Hearing as September 19, 2018.

1. Presentation by Jason Jefferies, Redevelopment Project Manager.  Discussion on the proposed millage rate of 1.0000 and proposed budget.

2. PUBLIC HEARING - Members of the general public may speak and ask questions on the proposed millage rate and the FY 2018/19 budget.

3 . Resolution of the Daytona Beach Downtown Development Authority adopting an ad valorum property tax millage rate of 1.0000 ($1.0000 per $1,000 of assessed taxable value). This is the rate utilized in the Notice of Proposed Property Taxes and is a 27.5% tax increase from the rolled back

rate of 0.7843.

4. Resolution adopting the tentative Budget for the fiscal year October 1, 2018, to September 30, 2019; prescribing estimated Revenue Sources of $266,032 and setting forth Operating Expenditures, Capital Expenditures, and Transfers of $266,032.

Jason Jeffries, Redevelopment Project Manager, to report.

Recommendation:  Authority Chairman recommends action.

Action: Motion to adopt the Resolutions.

Resolution - PUBLIC HEARING - authorizing the City to enter into the Dunn Avenue Apartments Transportation Improvements Cost Allocation Agreement with Halifax Hospital Medical Center, ("Owner") and approving the proportionate fair share contribution.  The agreement provides for a proportionate fair share contribution to the City in the amount of $7,010.14 to address traffic concurrency and traffic impacts. The contribution will provide transportation improvements in the impact area. Dunn Avenue Apartments is located at 400 Halifax Medical Center Drive near the southwest corner of Dunn Avenue and Clyde Morris Boulevard.

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

Recommendation:  Deputy City Manager recommends adoption of the Resolution.

Action:  Motion to adopt Resolution.

Resolution - PUBLIC HEARING - authorizing the City to enter into the Subaru of Daytona Transportation Improvements Cost Allocation Agreement with Indigo Development LLC, ("Owner")and GT Daytona, LLC ("Developer") and approving the proportionate fair share contribution.  The agreement provides for a proportionate fair share contribution to the County in the amount of $63,564.60 to address traffic concurrency and traffic impacts. The contribution will provide transportation improvements in the impact area and shall be paid to the County prior to the City's issuance of Certificate of Occupancy for Subaru of Daytona. This project is located at 670 N. Tomoka Farms Road on the west side of Tomoka Farms Road and south of Dunn Avenue.

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

Recommendation:  Deputy City Manager recommends adoption of the Resolution.

Action:  Motion to adopt Resolution. 

Resolution - PUBLIC HEARING -  approving the Final Plat for for Clyde Park Office Suites.  The subject property (2.2 +/- acres) is located at the northeast corner of Integra Breeze Lane and Clyde Morris Boulevard.  Ordinance No. 18-142  adopted at the April 18th, 2018 City Commission Meeting approved the preliminary plat.

David Waller, Deputy Public Works Director, to report.

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

Ordinance on first reading  - amending the Land Development Code, Article 6 (Development Standards) to require LED street lighting, and Article 7 (Subdivision Infrastructure) to use modern construction materials in the City infrastructure.  These text amendments ensure the latest technology and construction materials are used to ensure safe and effective standards for City infrastructure.  Applicant: Development and Administrative Services Department, Planning Division, on behalf of the Public Works Department.

Dennis Mrozek, Planning Director, to report.

Recommendation:  Planning Board recommends approval 4-to-0.

Action:  Motion to pass Ordinance on first reading.

  Note:   If passed, Public Hearing, September 19, 2018.

Ordinance on first reading - adopting a Small Scale Comprehensive Plan Amendment (SSCPA) amending the Future Land Use Map designation from Level 2 Residential to Commercial Transitional for six (6) properties totaling 1.28± acres of land located generally along and west of Dr. Martin Luther King Boulevard between Magnolia Avenue and Cherry Street to provide the correct future land use as illustrated in the Midtown Master Plan.  Applicant: Development and Administrative Services Department, Planning Division.

Dennis Mrozek, 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, September 19, 2018.

Ordinance on first reading - approving a request to rezone 1.28± acres of land located generally along and west of Dr. Martin Luther King Boulevard between Magnolia Avenue and Cherry Street from Redevelopment Midtown-Residential Preservation (RDM-6) to Redevelopment Midtown-Neighborhood Transition Mixed Use (RDM-5) for the purpose of providing the correct zoning district illustrated in the Midtown Master Plan.  Applicant: Development and Administrative Services, Redevelopment Division.

Reed Berger, Redevelopment Director, to report.

Recommendation:  Midtown Redevelopment Board recommends approval 4-to-0 and the Planning Board recommends approval 7-to-0.

Action:  Motion to pass Ordinance on first reading.

  Note:  If passed, Public Hearing, September 19, 2018. 

Ordinance on first reading  - approving a request to rezone 17.96± acres of land located on the south side of LPGA Boulevard, east of Clyde Morris Boulevard, and west of Jimmy Ann Drive from General Industrial (M-3) and Industrial Park (M-4) to Planned Development-General (PD-G) to allow for a 301 unit multifamily development, and authorizing the Mayor to execute the 500 East Apartments Planned District Agreement.  Applicant: Robert A. Merrell III, Esquire, Cobb Cole, on behalf of Scott Bullock, Indigo Development, LLC.

Dennis Mrozek, 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 10-17-2018.