Approval of the minutes of the October 18, 2017 Regular Meeting of the City Commission held at City Hall, 301 South Ridgewood Avenue, Daytona Beach, Florida.

During this time Citizens have the opportunity to address the City Commission on any item on the Consent Agenda.  Items or discussions not listed on the Agenda will not be heard during this comment section.

Resolution amending Resolution No. 16-264 (as previously amended), which adopted the FY 2016/17 budget, in order to increase revenues by $ 206,986, decrease operating expenditures by $ 800,259, and increase capital expenditures and transfers by $ 1,007,245. This budget amendment recognizes anticipated federal and state revenues and segregates the estimated city portion of costs related to Hurricane Irma, increases the funding for the Beville Road Median Landscape project, and increases the transfer to various enterprise funds in order to maintain their current fund balance.

Recommendation:  Budget Officer recommends adoption of the Resolution.

Resolution ratifying the Emergency Purchase Order No. 11033 in the amount not-to-exceed $500,000 for Thompson Consulting Services, LLC – Debris Monitoring Services, LLC 1135 Townpark Avenue, Lake Mary, FL 32746, Task Order No. 2 Debris Monitoring Services and approving Task Order No. 3 – Grant Management Support Services in the amount not-to-exceed $100,000 in response to Hurricane Irma (DR-4337-FL). 

FEMA historically reimburses the City for a portion of these costs.  Assistance for the State and affected local Governments can include as required:

•           Payment of not less than 75 percent of the eligible costs for debris removal and emergency protective measures taken to save lives and protect property and public health.  Emergency protective measures assistance is available to state and eligible local governments on a cost-sharing basis including direct federal assistance (Source: FEMA funded, state administered.)

•           The State of Florida historically reimburses 50% of the remaining balance of the local cost share.

General fund balance will be used for any unreimbursed costs and 12.5% (75,000) has been set aside for this agenda item. A future budget amendment will authorize all Hurricane Irma (DR-4337-FL) related costs not covered by FEMA. 

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

Resolution ratifying Purchase Order No. 10912 in an amount not to exceed $600,000 for emergency debris removal services rendered by DRC Emergency Services, LLC, 740 Museum Drive, Mobile, AL 36608. 

FEMA and the State historically reimburses the City for a portion of these costs.  Assistance for the State and affected local Governments can include as required:

•           Payment of not less than 75 percent of the eligible costs for debris removal and emergency protective measures taken to save lives and protect property and public health.  Emergency protective measures assistance is available to state and eligible local governments on a cost-sharing basis including direct federal assistance (Source: FEMA funded, state administered.)

•           The State of Florida historically reimburses 50% of the remaining balance of the local cost share.

General fund balance will be used for any unreimbursed costs and 12.5% ($75,000) has been set aside for this agenda item. A future budget amendment will authorize all Hurricane Irma related costs not covered by FEMA.

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

Resolution approving the Merchant Services Agreement with Electronic Transaction Systems (ETS) Corporation, 20135 Lakeview Center Plaza, Ashburn, VA  20147, for Merchant Services for the Golf Course and Tennis Center.  The current point of sale system (POS) at the golf course and tennis center facilities is Club Prophet Systems (Proshopkeeper).  The system has been in use by the City since 2001 and has been an excellent record keeping tool for inventory and transactional data.  To enhance credit card security and comply with the Europay, Mastercard and Visa (EMV) technical standard, or chip technology, Club Prophet needs to complete the installation of chip readers at the golf and tennis facilities.  Club Prophet's exclusive merchant services credit card provider is ETS Corporation in conjunction with Merrick Bank Corporation, and a new contract is requested.

There are two components to credit  card transactions:  interchange fees and merchant service charges.  Interchange fees are dictated by the Credit Card Association (i.e. Visa, Mastercard) and are non-negotiable.  Merchant services charges are assessed by ETS and Merrick Bank.  ETS charges $0.10 per transaction plus markup depending on credit card type ranging from 0.0015 to 0.0050 of the transaction amount (sales).  The estimated annual merchant services fee for golf and tennis centers are $4,700 and $2,400 respectively.  The agreement is a month-to-month basis and renews by successive months unless terminated.  The City has the ability to terminate upon 30 days notice and it is requested that the City Manager be authorized to exercise termination of the agreement .  Funds are available in the Golf Course Fund ($4,700) and the Tennis Center Fund ($2,400). 

Recommendation:  Chief Financial Officer recommends adoption of the Resolution. 

Resolution approving Change Order No. 2 to Contract No. 0415-3100 with McKim & Creed, Inc., 139 Executive Circle, Suite 201, Daytona Beach, FL 32114, for an amount not-to-exceed $48,335.43.  The purpose of this request is to reimburse McKim & Creed, Inc., for additional construction engineering and inspection services for the Halifax River Force Main Improvements project.  Funds are available in the State Revolving Loan - W&S Construction Fund.

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

Resolution ratifying Change Order No. 2 for the emergency work completed by C&L Landscaping, Inc, 1601 E. Duval St, Jacksonville, FL 32202, for Hurricane Irma Recovery, for a total of $37,950.  Hurricane Irma damaged much of the Beville Road Median Landscaping Project’s newly installed Medjool Palm Trees and Crape Myrtle Trees on Beville Road which required emergency action on the part of C&L Landscaping to reset and re-stake all of these trees to prevent a potential danger to vehicle drivers and pedestrians as well as further damage to the trees and irrigation infrastructure.  Funds available in the General Fund.

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

Resolution authorizing the acceptance of a Construction Contract with the second lowest responsive bidder, MCG Services, LLC (MCG), in the amount of $273,497.50 and authorizing Work Authorization No. 4 for Construction Engineering Inspection (CEI) Professional Services with Infrastructure Engineers, Inc. (IEI), in the amount of $38,151.50. The low bid expired after 60 days and the bidder did not agree to hold their offer. The second lowest responsive and responsible bidder has agreed to hold their bid until December 13, 2017 making MCG the lowest responsive and responsible bidder in accordance with the contract documents. The Construction Contract and Work Authorization No. 4 for CEI services provide for the construction and oversight of the new sidewalks, curbs, miscellaneous driveway aprons, ADA compliant ramps, and crosswalks along North Street between Clyde Morris Boulevard and Nova Road. Per Resolution 17-105, the City executed a Florida Department of Transportation (FDOT) Local Agency Agreement (LAP) reimbursable grant agreement. $8,831.25 will be needed to cover the LAP ineligible concrete cost to ensure the work is done incompliance with City Standards. Fund available in the General Funds ($46,982.75) and the Grants Project Fund ($264,666.25).

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

Resolution awarding a Construction Contract to the lowest responsive responsible bidder, General Mechanical Corporation, 418 North Seagrave Street, Suite B, Daytona Beach, Florida 32114 in the amount of $998,891.77 for restoration of the Historic Bandshell.  Interior renovations are required to bring the building up to the current building codes and to meet the needs of entertainment events, utilizing new and more energy efficient technology while still maintaining the historical structure exterior.

The interior of the building has not been renovated in over 50 years.  All of the electrical, plumbing, HVAC and ADA does not meet the current codes. This project consists of complete demolition of the interior of the building and replacement of all interior improvements to include but not limited to architectural elements, electrical, heating and ventilation, plumbing fixtures and piping, painting, and all new flooring. The requirement for the use of special corrosion resistant materials such as stainless steel and the enhanced protection of all exterior equipment and products from an aggressive ocean environment, the need for an extended 10 year warranty against rusting and damage and the greater than expected extent of deterioration encountered has increased the cost of the project over the original preliminary planning level cost estimate.  Funds available in the Main Street Redevelopment Fund ($180,321), Grant Projects Fund ($468,570.77) and the Capital Projects Fund ($350,000) 

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

Resolution awarding the Lowest Responsive Bid Contract Award to Vintage King Audio, Inc., 1603 E. Nine Mile Road, Ferndale, MI in the amount of $103,106.11 to supply sound system equipment according to the contract documents for the Peabody Auditorium.  The existing system is overs 25 years old and does not meet the expectations of or provide the acoustic quality and versatility of sound performance required to continue recruiting top performing acts for the Peabody.  Funds have been granted by the Peabody Foundation to upgrade part of the system however, more funding is necessary to complete the entire system. 

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

Resolution ratifying an emergency purchase order to Certified Roofing & Renovations, P.O. Box 120848, West Melbourne, FL  32912 in the amount of $184,615.  Hurricane Irma caused substantial roof damages to multiple BEMD facilities.  On October 18, 2017, the City Manager authorized an emergency Purchase Order No.11214 to repair / replace the roofs.  This claim will be submitted to FEMA upon their approval for Category E (Buildings & Equipment) expense reimbursements.  FEMA historically reimburses the state and affected local governments not less than 75% for these costs.  The State of Florida historically reimburses 12.5% (50% of the remaining balance) of the local cost share.  General fund balance will be used for any unreimbursed costs and 12.5% is not expected to be reimbursed.  Funds are available in FEMA - Hurricane Irma Fund for $161,538 and the General Fund for $23,077. 

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

Resolution authorizing the purchase of a Sanitary Sewer Combination Cleaner Vehicle from the National Joint Power Alliance Bid 022014-FSC with options from Environmental Products of Florida, 2525 Clarcona Road, Apopka, FL 32703 in the amount of $344,305.29.  The requested replacement vehicle for a 2006 Sanitary Sewer Combination Cleaner vehicle has been budgeted and is part of the overall vehicle replacement program for the City.  Funds available in the Water & Sewer Improvement Construction Fund.

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

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

$150 to Cultural Services for Light Up Midtown from the Bike Week Sponsorship Funds of Mayor Derrick Henry.

Recommendation:  Chief Financial Officer recommends adoption of the Resolution.

Resolution supporting a request (via Resolution) from River To Sea Transportation Planning Organization (TPO) for the Florida Department of Transportation (FDOT) to advance funding of the East International Speedway Boulevard (ISB) expansion.  The proposed action was suggested by FDOT staff at a November 8, 2017 meeting with City and TPO staff.  Their actions were suggested by FDOT staff as the remaining steps by the City and TPO to perfect advancement of the East ISB project for design and construction, to-wit:  A Resolution of the City Commission, a TPO Resolution of support for the advancement and finally an executed agreement between FDOT and the City to address City contribution for payment of charges to design and prepare construction drawings for the East ISB expansion.  The proposed East ISB Improvement Project (also known as the Beachside Corridor Improvement Project) is to be constructed by the FDOT.  The Resolution of the City Commission is to fully support the FDOT and to seek the TPO's approved Resolution to advance the East ISB Improvement Project as the top priority local road construction project.   

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

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

$100 to Delta Sigma Theta Sorority, Inc., for a general donation 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 - amending the Firetower Road Planned District Agreement, generally located north of International Speedway Blvd., west of LPGA Blvd., and east of Indian Lake Road, to extend the application and construction expiration dates, and authorizing the Mayor to execute the First Amendment to  Firetower Road Planned District Agreement.  Applicant: Robert A. Merrell III, Esq., Cobb Cole, on behalf of Consolidated-Tomoka Land Company/Indigo Development, LLC.

Richard Walton, Planning Director, to report.

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

Action:  Motion to adopt the Ordinance.

Ordinance on second reading - PUBLIC HEARING - amending Article 5.4.C.13 (Temporary Redevelopment Project Parking Lot) of the Land Development Code to permit additional two-year extensions for temporary redevelopment project parking lots that are located on property that is part of an unexpired development agreement that was approved by the City Commission, that demonstrate a need for the extension, and meet all temporary parking lot standards. Applicant: Don Henderson, Boardwalk at Daytona Development LLC.

Reed Berger, Redevelopment Director, to report.

Recommendation:  Planning Board motion to approve failed 1-to-4.

Action:  Motion to adopt the Ordinance.

Ordinance on second reading - PUBLIC HEARING - enacting a 60 day extension to the temporary moratorium previously approved via Resolution No. 17-59 and extended via Resolution No. 17-269 regarding the installation and permitting of wireless communication facilities in City Right-of-Way.  The time extension is needed to allow stakeholders time to comment on the draft amendments to Articles III and Article VII of Chapter 86 of the City Code.  Once stakeholder comments have been appropriately addressed, the proposed amendments will be brought before Commission for consideration.  The existing provisions of the City Code and LDC that regulate City Right-of-Way activities, do not contemplate or clearly address the deployment of wireless communication facilities in the Right-of-Way.  Recent changes in State Law, effective July 1, 2017, have impacted the process of drafting the revisions to City regulations.  Additional time is necessary to ensure that the new regulations adopted to address wireless communication facilities are written in a way that adequately advances the City’s interest in regulating City Right-of-Way, while also avoiding violation of these state statutes.  Plus the additional time is needed to address the recent solicitation to stakeholders for review comments. 

David Waller, Deputy Public Works Director, to report.

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

Action:  Motion to adopt the Ordinance.

Ordinance on second reading - Quasi-Judicial Hearing - approving a request to rezone 21± acres of land located at Williamson Boulevard and LPGA Boulevard from General Industrial (M3) to Planned Development-General (PD-G), to allow for a mixed use development, and authorizing the Mayor to execute the Williamson Crossing Planned District Agreement.  Applicant: Robert A. Merrell III, Esq., Cobb Cole, on behalf of Scott Bullock, Indigo Development LLC.

Richard Walton, Planning Director, to report.

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

Action:  Motion to adopt the Ordinance.

1. PUBLIC HEARING - Members of the general public may speak on the proposed millage rate and the FY 2017/18 budget.

2. Presentation by the Budget Officer.

3. Resolution of the City of Daytona Beach adopting an ad valorum property tax final millage rate of 6.3333 ($6.3333 per $1,000 of assessed taxable value). This is a 3.00% tax increase from the rolled back rate of 6.1488; and a voted debt service tentative millage rate of 0.3389 ($0.3389 per $1,000 of assessed taxable value) which is a 9.12% reduction from the FY 2017/18 tax rate.

4. Resolution adopting the Budget for the fiscal year October 1, 2017, to September 30, 2018; prescribing estimated Revenue Sources of $ 227,189,319, and setting forth Operating Expenditures, Capital Expenditures, and Transfers of $ 227,189,319.

Recommendation:  City Manager recommends adoption of the Resolutions. 

Action:  Motion to adopt the Resolutions.  

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 2017/18 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 9.29% tax increase from the rolled back rate of 0.9150.

4. Resolution adopting the Budget for the fiscal year October 1, 2017, to September 30, 2018; prescribing estimated Revenue Sources of $ 246,599 and setting forth Operating Expenditures, Capital Expenditures, and Transfers of $ 246,599.

Recommendation:  City Manager recommends adoption of the Resolutions. 

Action:  Motion to adopt the Resolutions.

Resolution approving the Preliminary Plat for the Birchwood Subdivision on  48.4 +/- acres of land for development of a residential subdivision.  The project is  located on the east side of Clyde Morris Boulevard, north of Strickland Range Road, and south of Hand Avenue.  The subdivision will allow for 66 single family residential lots.  

David Waller, Deputy Public Works Director, to report.

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

Action:  Motion to adopt the Resolution.

Resolution appointing one (1) member to the Housing Authority Commission. Members to this board are appointed by the Mayor and approved by the City Commission. The board shall consist of five (5) members serving four (4) year terms.  Sonya Collins-Frazier has resigned with a membership term which will expire on 04-02-18.  The Mayor is recommending Kelvin Daniels for this position.

Betty Goodman, Assistant City Manager, to report.

Recommendation:  Commission action.     

Action:  Motion to adopt the Resolution.