Approval of the Minutes of the September 19, 2018 Business Meeting of the City Commission held at City Hall, 301 South Ridgewood Avenue, Daytona Beach, Florida.

Residential Award:

Reather Flintroy, 332 Aleatha Drive, Commissioner Ruth Trager, Zone 1, to present.

Commercial Award:

Marina Vista Apartments, 705 South Beach Street, 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 accepting property insurance claims payment from Arch Specialty Insurance Company, 219 Hudson Street, Suite 300, Jersey City, NJ  07311, in the amount of $149,486.18, for losses sustained as a result of Hurricane Irma and to execute claims documents as necessary.  The gross amount of covered damages sustained by the properties insured under the Arch policy was $394,000.  After applying the five percent deductible of the total insured value of each building (subject to a minimum deductible of $250,000 per occurrence) and depreciation, the net recovery amount is $149,486.18.

Recommendation:  Human Resources Director recommends  adoption of the Resolution.             

Resolution authorizing the rental of ten (10) unmarked vehicles for the Special Investigations undercover unit from Enterprise Leasing Company of Orlando, LLC (Enterprise) 5442 Hoffner Avenue, Orlando, FL  32812.  The agreement will execute September 30, 2018 through October 1, 2021 with an option of extending for two additional one year terms. The total cost for the contract is not to exceed $80,400 annually at a rate of $670 monthly per vehicle, which includes coverage of all maintenance.  Enterprise was the only company to respond to the bid proposal and met all the requirements of the proposed agreement.  Funds available in the Federal Shared Property Forfeiture Fund in the amount of $51,000 and the General Fund in the amount of $30,000.

Recommendation:  Chief of Police recommends adoption of the Resolution. 

Resolution approving a Professional Services Contract with Bid4Assets, Inc. 8757 Georgia Avenue, Suite 520, Silver Spring, Maryland 20910, to provide the exclusive right to sell City-owned surplus parcels of real property. In return for the exclusive right to sell City-owned surplus parcels of real property, Bid4Assets will market the property to their list of buyers in addition to advertising on their web site.  There is no direct cost to the City for this service other than a $150 per parcel fee for withdrawal of parcels by the City during the auction period.   All other fees are passed on to the depositors and successful bidders.   This agreement expires on December 31, 2018 and can be renewed for two additional one-year terms.

Recommendation:  Redevelopment Director recommends adoption of the Resolution.

Resolution adopting the Volusia County Integrated Floodplain Management Plan 2018.  The purpose of the integrated plan is  to further the goals of the Community Rating System (CRS) Program, maximize the City’s CRS rating and increase planning efficiency through a reduction in redundant planning efforts among local communities.  The East Coast Regional Planning Council was selected by the County of Volusia to perform a 10-step floodplain management planning process as outlined in the Community Rating System (CRS) manual.  The work integrated the Floodplain Management Plans (FMP) of Daytona Beach, Daytona Beach Shores, Debary, Deland, Deltona, Edgewater, Holly Hill, New Smyrna Beach, Oak Hill, Orange City, Ormond Beach, Pierson, Ponce Inlet, Port Orange and South Daytona with the County’s Local Mitigation Strategy (LMS).  There is no City funding associated with this request.

Recommendation:  Utilities Director recommends adoption of the Resolution.

Resolution approving Change Order No. 2 to the Bennett Swamp Wetland Rehydration Project - Contract No. 0317-1980 for 4 C’s Trucking and Excavation, Inc. 331 Sawgrass Rd., Bunnell, FL 32770 with stipulations:  

• Increase Contract in an amount not to exceed $66,219.91, making the adjusted contract amount  $3,493,619.62
• Approve an extension of 120 days until November 30, 2018 to match the deadline of the Florida Department of Environmental Grant Agreement deadline

• Authorize the City Manager to extend Contract up to July 2019 if required, for any future force majeure delays to correspond with the grant agreement deadlines

Change Order No. 2 is required to provide for items that were not originally included in the Contract but are now needed to mitigate conflicts found in the field during construction. The additional work consists of the following:

• Substitute a horizontal directional drill (HDD) for open cut installation

• Replace an existing 15” drainage pipe

• Relocate a fire hydrant

• Relocate one dispersal unit and extend one drill further than shown on the plan documents

• Provide for erosion control rock and fabric under all dispersal units

• Relocate a meter assembly at the corner of Slim Pines and Thayer Canal Easement

• Provide for 2- Reducers; 1- Tee; and 1- isolation valve that was not included in the bid tab

• Hydro-seed the slope on Thayer Canal

Funds available in the Water & Sewer Improvement Construction Fund and the Renewal and Replacement 8% Fund.

Recommendation: Utilities Director recommends adoption of the Resolution.

Resolution approving Change Order No. 3 to Contract No. 0318-3140 for the Lift Station No.4 Replacement Project with 4C’s Trucking and Excavation, Inc., 331 Sawgrass Rd., Bunnell, FL 32110 in an amount not to exceed $25,423.05, to adjust the amount of Contract No. 0318-3140 to $718,325.37 and extend the contract time an additional 45 days.  Change Order No. 3 includes additional compensation for bypass pumping that was performed during construction and extending the contract time an additional 45 days due to the extensive lead time the lift station manufacturer took for manufacturing and delivering the pumps.  Funds available in the Renewal & Replacement 8% Fund. 

Recommendation: Utilities Director recommends adoption of the Resolution.

Resolution authorizing a purchase from Trojan Technologies, 3020 Gore Road, London, Ontario, Canada N5V 4T7, for Ultraviolet (UV) Lamps in the amount of $194,705.24, to maintain disinfection as required in State and Federal permits. The Bethune Point Water Reclamation Facility (WRF) utilizes UV System for disinfection of the treated wastewater which uses 360 lamps that are reaching the end of their useful life.  This purchase will provide 400 lamps that are sufficient to re-lamp the disinfection system and have 40 extra for spares.  Funds available in the Water and Sewer Operating Fund.

Recommendation:  Utilities Director recommends adoption of the Resolution.

Resolution awarding a Contract to Weck Laboratories, Inc., 14859 E Clark Ave., Industry CA 91746, the Lowest-Best Responsive bidder, with the following stipulations:

• Award a unit price project specific contract for a 2-year term for Lot 3 of Bid 0218-1510 for laboratory testing services 

• Authorize the expenditure of $15,840 for fiscal year 2018-2019 

• Authorize the City Manager to expend funds in future fiscal years subject to budget appropriation

The City obtained an operating permit from The Florida Department of Environmental Protection (FDEP) for the construction and operation of the Demonstration Testing System. The operating permit requires the City to test, on a fixed schedule and frequency, a wide variety of micro-constituents related to purifying reuse effluent.  FDEP further requires that all testing be performed by a qualified laboratory.  The City’s laboratory does not hold the required certifications. 

The City solicited bids to qualified laboratories for testing services related to the requirements of the City’s FDEP operating permit and Weck Laboratoires, Inc., was found to be the lowest-best responsive bidder.  The remainder of the testing lots in Bid 0218-1510 falls under the City Manager’s authority to award. Funds available in the Water and Sewer Operating Account

Recommendation: Utilities Director recommends adoption of the Resolution.

Resolution approving Work Authorization No. 16 under Contract 2010-18-CA with Cardno, 380 Park Place Boulevard, Suite 300, Clearwater, Florida 33759.  The Clyde Morris Boulevard Brownfields site has the presence of a free product contaminant covering approximately 1.7 acres.  This project is in the initial stages of contaminate remediation and over the last four quarters approximately 6,770 gallons of free product contaminant was recovered.  Work Authorization No. 16 provides for four quarters of Phase One Remedial Action activities as per the Florida Department of Environmental Protection (FDEP) approved remedial action plan, two semi-annual sampling events, a meeting with the FDEP, and two semi-annual FDEP reports at a cost not to exceed $81,660.  Work to be completed as further described in Cardno proposal dated September 11, 2018. Funds available in the Slid Waste Management Fund. 

Recommendation:  Deputy Public Works Director recommends adoption of Resolution. 

Resolution waiving section 30-81(a) of the City Purchasing Code, to approve Contract No. 0118-0920-YEL with Yellowstone Landscape – Southeast, LLC, P.O. Box 849, Bunnell, FL 32110-0849 for a one (1) year landscape maintenance contract for services at various City properties including City Parks and other facilities at a cost not to exceed $141,925, with two (2) one-year renewal options with the same terms and conditions, authorizing the City Manager to exercise renewal options; and authorizing the City Manager to expend the annual budget appropriations for this service contract.

On May 2, 2018, City Commission awarded Contract No. 0118-0920-SSG to Southern Sunshine Group for landscape maintenance.  During the first three months of the contract period, there were significant deficiencies of the work being performed.  As a result of a failure to perform the obligations in Contract No. 0118-0920-SSG, a 10 day notice was sent to Southern Sunshine Group on August 15, 2018 to correct the deficiencies.  Southern Sunshine responded notifying the City of the voluntary contract termination effective August 22, 2018.  In accordance with section 10(a)(2) of the contract, the contract will terminate automatically without need for further notice.  Yellowstone Landscape was the second lowest bidder.  While the bid offer submitted on April 2, 2018 was effective for 60 days, Yellowstone Landscape agreed to extend their bid through October 31, 2018.  Funds available in the General Fund.  

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

Resolution waiving section 30-81(a) of the City Purchasing Code, to approve Contract No. 0118-0530 with Verdego, LLC, P.O. Box 789, Bunnell, FL 32110 for a one (1) year landscape maintenance contract for services at various City properties and roadways generally in the downtown area at a cost not to exceed $221,286, with two (2) one-year renewal options with the same terms and conditions, authorizing the City Manager to exercise renewal options; and authorizing the City Manager to expend the annual budget appropriations for this service contract.

On April 4, 2018, City Commission awarded Contract No. 0118-0530 to Southern Sunshine Group for landscape maintenance.  During the first four months of the contract period, there were significant deficiencies of the work being performed.  As a result of a failure to perform the obligations in Contract, a 10 day notice was sent to Southern Sunshine Group on August 15, 2018 to correct the deficiencies.  Southern Sunshine responded notifying the City of the voluntary contract termination effective August 22, 2018.  In accordance with section 10(a)(2) of the contract, the contract will terminate automatically without need for further notice. Verdego, LLC was the second lowest bidder.  While the bid offer submitted on February 22, 2018 was effective for 60 days, Verdego, LLC has agreed to extend their bid through October 31, 2018.  Funds available in the General Fund.  

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

Resolution awarding a Project Specific Construction Contract Award to APM Construction Corporation, 424 Luna Bella Lane, Suite 130, New Smyrna Beach, Florida  32168 in an amount not to exceed $4,104,300 for the construction of the First Step Shelter building and authorizing the Mayor and the City Clerk to execute the Contract.  Funds available in the General Fund ($741,474.70), the Grants Projects Fund ($732,887.77) and the Capital Projects Fund ($1,209,836).

Recommendation:  City Manager recommends adoption of the Resolution.

Resolution approving an agreement between Tomoka Pointe, Tomoka Town Center, and the City of Daytona Beach that will convey specific cross access rights, construction responsibilities, and maintenance responsibilities for Tomoka Town Center Way.  If the POA or its successors in interest fail to maintain TTC Way and the City elects to maintain it, the City can charge the POA or its successors in interest for the cost of the maintenance.  The agreement further provides the City with the ability to lien properties.   

The agreement outlines the following:

• Cross Access:  Tomoka Pointe, as owner of TTC Way will grant cross access as outlined in the agreement to Tomoka Town Center 

• Cross Access:   Tomoka Town Center will grant Tomoka Pointe cross access within the TomokaTown Center as outlined in the agreement. 

• Construction:  Tomoka Pointe shall be responsible for constructing TTC Way upon that tract identified on the Town Center Parcel B Partial Replat.  Construction shall be consistent with the Construction Plans on file with the City of Daytona Beach.   

• Maintenance:  Tomoka Pointe, upon completion of construction of TTC Way shall transfer title of TTC Way to the POA.  The POA shall be responsible for maintaining or causing to be maintained TTC Drive in good condition, including, but not limited to, those maintenance requirements detailed in the Construction Plans, in perpetuity.

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

Resolution authorizing payment in the amount of:

$150 to IF & AM Modern Masons & OES DB Joint Council, for their 2018 Thanksgiving assistance program for needy families from the Bike Week Sponsorship Funds of Mayor Derrick Henry.

$250 to IF & AM Modern Masons & OES DB Joint Council, for their 2018 Thanksgiving assistance program for needy families from the Bike Week Sponsorship Funds of Commissioner Kelly White.

$100 to IF & AM Modern Masons & OES DB Joint Council, for their 2018 Thanksgiving assistance program for needy families from the Bike Week Sponsorship Funds of Commissioner Dannette Henry.

$100 to IF & AM Modern Masons & OES DB Joint Council, for their 2018 Thanksgiving assistance program for needy families from the Bike Week Sponsorship Funds of Commissioner Paula Reed.

$500 to Business Enterprise Management Division for the DB Golf Club Jr. Golf Program, for a general donation, $500 to Greater Daytona Shrine Club, for a general donation; and $1,000 to Daytona Beach Police Foundation, for a general donation from the Bike Week Sponsorship funds of Commissioner Robert Gilliland.

$200 to DME Holdings LLC for Stemfest 2018, $300 to Heritage Preservation for Lillian Place, $300 to Daytona Beach Police Foundation for general donation, $300 to Jewish Federation of Volusia and Flagler Counties for Food Bank, $500 to Food Brings Hope, Inc., for general donation, $500 to Cultural Services for Light Up Midtown 2018; and $13,000 to Halifax Historical Society, Inc., for the Halifax Historical Museum from the Bike Week Sponsorship Funds of Commissioner Ruth Trager.

Recommendation:  Chief Financial Officer recommends adoption of the Resolution.

Ordinance on second reading - PUBLIC HEARING - approving a voluntary annexation of 2.13± acres of land located west and adjacent to Tymber Creek Road South and south of Old Tomoka Road, contiguous to the municipal boundary, and pursuant to Chapter 171, Florida Statutes. Applicant: Robert A. Merrell III, Esquire, Cobb Cole, on behalf of Consolidated-Tomoka Land Co. (This item was continued from the 10-03-18 City Commission Meeting)

Dennis Mrozek, Planning Director, to report.

Recommendation:  Planning Director recommends approval.

Action:  Motion to adopt Ordinance.

Ordinance on second reading - PUBLIC HEARING - adopting a Large Scale Comprehensive Plan Amendment (LSCPA), amending the Future Land Use Element, Neighborhood V, to increase the residential density and reduce the non-residential intensity for 1614± acres of land located west of Interstate 95 and south of West Granada Boulevard/State Road 40 to permit the development of 3,250 residential dwelling units and limit commercial development to 200,000 square feet.  Applicant: Robert A. Merrell III, Esquire, Cobb Cole, on behalf of Scott Bullock, Consolidated-Tomoka Land Co.  (This item was continued from the 10-03-18 City Commission Meeting)

Dennis Mrozek, Planning Director, to report.

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

Action:  Motion to adopt Ordinance.

Ordinance on second reading - Quasi-Judicial Hearing - approving a request to rezone 1614± acres of land located west of Interstate 95 and south of West Granada Boulevard/State Road 40 from "County" Rural Agriculture (A-2) and Resource Corridor (RC) to "City" Planned Development-General (PD-G) to develop up to 3,250 dwelling units with amenities and up to 200,000 square feet of commercial uses, and authorizing the Mayor to execute the Minto Tomoka - Parcel A Planned District Agreement.  Applicant: Robert A. Merrell III, Esquire, Cobb Cole, on behalf of Scott Bullock, Consolidated-Tomoka Land Co. (This item was continued from the 10-03-18 City Commission Meeting)

Dennis Mrozek, Planning Director, to report.

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

Action:  Motion to adopt Ordinance.

Ordinance on second 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 adopt Ordinance.

Ordinance on second reading  - Quasi-Judicial Hearing - 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.

Ordinance on second reading - PUBLIC HEARING - adopting a Small Scale Comprehensive Plan Amendment (SSCPA) amending the Future Land Use Map designation from Office Transition to Retail for four (4) properties totaling 1.22± acres of land located on the eastern side of N. Ridgewood Avenue (US Highway 1), south of Congress Avenue and north of Kingston Avenue to provide consistency with the current zoning. 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 adopt Ordinance.

Ordinance on second reading - PUBLIC HEARING - amending the Land Development Code, Article 6 (Development Standards), Section 6.10 (Signage) to allow roof signs and larger wall signs along major thoroughfares located within the Redevelopment Midtown University Transition (RDM-4) zoning district.  Applicant: Administrative Services Department, Redevelopment Division.

Reed Berger, Redevelopment Director, to report.

Recommendation:  Redevelopment Director recommends adoption of the Ordinance.

Action:  Motion to adopt Ordinance.

Ordinance on second reading - PUBLIC HEARING - approving a request to rezone 0.129± acre of land located at 434 North Ridgewood Avenue from Business/Professional (BP) to Residential/Professional (RP) to facilitate residential development that is consistent with the surrounding neighborhood.  Applicant: Development and Administrative Services, Redevelopment Division.

Reed Berger, Redevelopment Director, to report.

Recommendation:  Redevelopment Director recommends adoption of the Ordinance.

Action:  Motion to adopt Ordinance.

Resolution - PUBLIC HEARING - authorizing the City to enter into the Costa HQ Transportation Improvements Cost Allocation Agreement with CP2210, LLC, ("Owner") and approving the proportionate fair share contribution.  The agreement provides for a proportionate fair share contribution to the County in the amount of $24,859.48 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 Costa HQ. This project is located at 2450 Mason Avenue.

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

Recommendation:  Deputy City Manager recommends adoption of Resolution.

Action:  Motion to adopt Resolution.

Resolution - PUBLIC HEARING - approving a partial replat of Tomoka Town Center Parcel B Preliminary and Final plats for development of multifamily housing on 17.73 +/- acres of land.    The project is located on the north side of Mason Avenue and west of Williamson Blvd. 

David Waller, Deputy Public Works Director, to report.

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

Action:  Motion to adopt Resolution.

Ordinance on first reading - approving a request to rezone 14.35± acres of land located at the 300 block of North Beach Street from Downtown Redevelopment-Commercial (RDD-3) and Residential/Professional (RP) to Planned Development-Redevelopment (PD-RD) to facilitate development of a corporate headquarters, and authorizing the Mayor to execute the Brown & Brown Headquarters Planned District Agreement.  Applicant: Robert A. Merrell III, Esquire, Cobb Cole, on behalf of Brown & Brown Realty.

Reed Berger, Redevelopment Director, to report.

Recommendation:  Downtown Redevelopment Board recommends approval 7-to-0.                              

Planning Board recommends approval 5-to-0.

Action:  Motion to approve Ordinance on first reading.

  Note: If passed, Public Hearing November 7, 2018.