Approval of the minutes of the November 1, 2017 and the November 15, 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 approving a contract between the United States Tennis Association (USTA) and the City of Daytona Beach to host the Fifth Annual Daytona Beach Professional Women's Championship Tournament on January 7 - 14, 2018 and authorizing the expenditure up to $31,865 to sponsor the event.  The City has sponsored a USTA tournament for the past four years.  The past tournaments have been successful and profitable.  This tournament helps showcase professional women's tennis, the City and the Florida Tennis Center.  Funds available in the Florida Tennis Fund.

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

Resolution approving the Merchant Services Agreements 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 new contracts are 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 agreements are on 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 agreements.  It is also requested that the Chief Financial Officer (CFO) be authorized to complete any additional forms, designate online access and review and adjust which merchant services are selected for the City in order to accommodate the rapid changes in technology and to ensure internal procedures are followed.  Funds 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 accepting amendment to renew and reduce unit pricing and approve expenditures for the rental of staff uniforms and floor mats with related delivery and laundry services on an as-needed basis for the following divisions; Water/Wastewater, Stormwater, Facilities Maintenance, Fleet, Grounds Maintenance, Leisure Services, Streets, Traffic Engineering, and Meter Services, pursuant to a Cooperative Contract 12-JLH-011 awarded by Hartford County Public Schools, Maryland to Cintas Corporation, 1844 Holonsback Drive., Daytona Beach, FL 32117. 

The amendment allows for renewal of the Cooperative Contract which decreases pricing for a variety of facility solutions, including uniform and floor mat services and allows for participation by public agencies nationwide via US Communities.  The renewal term is two (2) years with a second two (2) year option available.  The estimated cost is $45,485.23 annually for a total of $90,970.46 over two (2) years which includes an allowance for lost and replacement uniforms.  This is a savings of $7,039.45 annually and $14,078.90 over two (2) years compared to the current contract. The estimated cost for the balance of the 2017/2018 Fiscal Year is $35,863.11.  Funds available in various accounts of General Fund, Water and Sewer Fund, Stormwater Fund, Fleet Maintenance Fund, and Facilities Property Maintenance Fund.

Recommendation:  Chief Financial Officer recommends adoption of the Resolution.

Resolution amending the Agreement between the City of Daytona Beach and the Peabody Auditorium Foundation, Inc a 501c(3) not-for-profit organization ("PAF")a 501c (3).  The amendment extends the agreement for two years through September 30, 2020, and extends the monthly “seed money” payment provided by the City to PAF for an additional two years for a total of $75,000.

The amendment sets a minimum fundraising target for the period commencing November 1, 2017 and ending on November 1, 2019.  PAF must donate to the City $75,000 in unrestricted funds, which the City will be free to use for capital or operating costs of the Auditorium; and an additional $125,000, which may be unrestricted or restricted to capital use. The priorities for annual funding and capital projects shall be determined by the City.  Additionally, the amendment increases the number of house seats to be given to PAF for all City booked and presented performances from 12 to 24.  PAF shall release any unused seats back to the Auditorium box office within 24 hours of show opening.  Funds available in the Cultural Services Fund.

Recommendation:  Acting Cultural Services & Leisure Services Director recommends adoption of the Resolution.

Resolution approving an amendment to the Contract between the City of Daytona Beach and Technomedia Solutions, 4545 36th Street, Orlando FL 32811, a Florida limited liability company. The Municipal Stadium Scoreboard System Warranty with Technomedia Solutions, required for maintaining functionality and aesthetics of the system, expires December 18, 2017.  The proposed amendment extends the agreement to December 18, 2019, a period of two (2) years, in the amount of $15,000 per year, and provides Reset-Repair, Quarterly Preventative Maintenance, and As-Needed repair services by manufacturer approved technicians.  Under the terms of the amendment, the City shall have the option to extend the warranty period for an additional one year.  The extended warranty will cover all components of the Scoreboard System including the video signal processing equipment, equipment installed in the control room, and the PA/Audio equipment. Quarterly Preventative Maintenance will commence on or around the first week in March, 2018 and occur approximately every 90 days thereafter.  This is a sole source purchase, due to the existing contract with Technomedia LLC, since Technomedia is the original installer, and since Technomedia possesses institutional knowledge of the systems.  Funds available in the Municipal Stadium/JRBP Fund.

Recommendation:  The Acting Cultural & Leisure Services Director recommends adoption of the Resolution.                 

Resolution approving Amendment No. 2 to Work Authorization No. 2 (Contract No. 0111-0740-MC, Res No. 15-259 and 16-332) with McKim & Creed, 139 Executive Circle, Suite 201, Daytona Beach, FL 32114, to add Post Design Services to their contract, for a total Not to Exceed cost of $28,961.86.  The Amendment is necessary to add post design services, including construction bidding assistance and responses to Requests for Information (RFI’s) for the first six (6) months of construction. This project is expected to take approximately eight (8) months to construct.  Funds available in the General Fund. 

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

Resolution awarding Bid No. 0318-3030 to J.D. Weber Construction Co., 150 Business Center Drive, Ormond Beach, FL 32174 in the amount of $543,655.  The purpose of this project is to construct a new sanitary sewer pump station and extend utilities to the proposed First Step Homeless Assistance Shelter project site.  Based upon review of the bids, J.D. Weber Construction Co. is the lowest, best responsive bidder.  Funds available in the ISB / Red John Dr. Utility Improvements Fund.

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

Resolution authorizing the purchase of one (1) bypass pump from the Florida Sheriff’s Association Bid FSA17-VEH 15.0 specification 076 with options from Thompson Pump and Manufacturing, 4620 City Center Drive., Port Orange, FL 32129, in the amount of $54,980.  The requested bypass pump has been budgeted  and is part an overall construction plan to provide backup power for all new sanitary lift stations coming on line.  The new lift station is located at 550 Division Street, Daytona Beach.  Funds available in the Renewal and Replacement 8% Fund.

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

Resolution approving the purchase of six (6) electrode assemblies from De Nora Water Technologies Inc., 1110 Industrial Boulevard., Sugarland, TX 77474 in the amount of $234,127.64.  The three Chlortec on-site Hypochlorite Geeneration Systems at the Brennan Water Treatment Plant produces chlorine which is the fundamental chemical in the disinfection treatment process for potable water.  Electrode cells in the assembly makes the on-site production of chlorine feasible.  The electrode assemblies have a 5-7 year life expectancy.  The City keeps extra electrode assemblies in inventory to replace expired electrode assemblies in order to maintain redundancy and compliance with potable water quality standards.  De Nora Water Technologies is the sole manufacturer of Chlortec on-site Hypochlorite Generation Systems including providing parts, repair services, and technical support.  The City for the last 10 years has used the Chlortec Generation Systems exclusively to disinfect potable water in order to meet current state and federal water quality regulations.  Current State and Federal water quality regulations for potable water plants require that on-site Hypochlorite Generation Systems meet NSF (National Sanitation Foundation) and EPA (Environmental Protection Agency) certification.  Chlortec manufactured on-site Hypochlorite Generation System fully complies with the requirements.  Funds available in the Renewal & Replacement 5% Fund..

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

Resolution approving a Sole Source purchase in the amount of $32,987.92 with Altec Service Group, 2750 Imeson Road, Jacksonville, Florida  32220 to replace the Lower Boom Assembly for Unit 4900 assigned to the Traffic Division.  OSHA regulations require that all bucket and lift trucks be inspected and certified annually by vendors that specialize and are approved by OSHA to perform this work.  Unit 4900 was inspected and found it did not meet OSHA regulations so it could not be certified.  Specifically, the complete lower boom assembly was corroded to the point where it could not be repaired.  Thus, the need to completely replace the lower boom assembly is necessary.  The truck chassis and upper boom assembly are in good condition.  Sole source is justified for the request because Altec Service Group is the original manufacturer and has the lower boom assembly specifications for fabrication.  Funds available in the General Fund.

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

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

$2,000 to Public Works for Brownie the Town Dog project at Riverfront Park from the Bike Week Sponsorship Funds of Commissioner Kelly White.

$250 to Turie T. Small Elementary School for the Female Empowerment Focused Group 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 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.  (Continued from the November 15, 2017 Regular City Commission Meeting)

Reed Berger, Redevelopment Director, to report.

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

Action:  Motion to adopt the Ordinance.

Ordinance on first reading - amending the Bayberry Cove Planned District Agreement located at International Tennis Drive to revise the minimum specialty setback requirements associated with single-family dwellings and townhomes, and authorizing the Mayor to execute the First Amendment to Bayberry Cove Planned District Agreement.  Applicant: Richard D. Smith, ICI Homes, on behalf of BII Volusia Holdings, LLC.

Richard Walton, Planning Director, to report.

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

Action:  Motion to pass Ordinance on first reading.

     Note:  If passed, Public Hearing, December 20, 2017.

Ordinance on first reading - approving a request to rezone .06± acres of land located at 246 S. Beach Street from Downtown Redevelopment - Beach Street Retail (RDD-1) to Planned Development-Redevelopment (PD-RD) to allow a tattoo establishment, and authorizing the Mayor to execute the 246 South Beach Planned District Agreement.  Applicant: Colleen Miles, Land Development Resource Group, LLC, on behalf of Robert W. Mansour.

Reed Berger, Redevelopment Director, to report.

Recommendation:  Historic Preservation Board recommended approval

                               4-to-2.

                               Downtown Redevelopment Board motion to approved 

                               failed 2-to-3.

                               Planning Board recommended approval 4-to-2.

Action:  Motion to pass Ordinance on first reading.     

    Note:  If passed, Public Hearing, December 20, 2017. 

Ordinance on first reading - amending the provisions of Chapter 86 of the City Code of Ordinances regulating construction activity in Public Right-of-Way (ROW), including deployment of wireless communications infrastructure  and repealing Article Vii of Chapter 86 in its entirety and replacing it with a new Article Vii, establishing a permitting and registration system for communications facilities in the ROW.  These regulations would be separate and apart from the existing Article III regulations, which would be updated accordingly.  The City has an obligation to manage City Right-of-Way in a manner that protects public health, safety, and welfare, including with respect to aesthetic concerns.

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 proposed Ordinance would also terminate the temporary moratorium on the permitting of wireless communications facilities created by Ordinance No. 17-58, and extended by Ordinance No. 17-269 and 17-376 and more specifically will bring City Code into conformance with the Advanced Wireless Infrastructure Deployment Act (AWIDA) enacted by the Florida Legislature and taking effect on July 1, 2017 that permits the use of public Right Of Way (ROW) by wireless communications services and infrastructure providers.

David Waller, Deputy Public Works Director, to report.

Recommendation:  Deputy Public Works Director recommends passing the Ordinance on first reading.

Action:  Motion to pass Ordinance on first reading.

     Note:  If passed, Public Hearing, December 20, 2017.

Ordinance on first reading - amending the City Code of Ordinances, Chapter 34 - Elections - to establish campaign report electronic filing through the Volusia County Supervisor of Elections Candidate Financial Reporting System.  Lisa Lewis, the Volusia County Supervisor of Elections has offered the opportunity to each of the municipalities in the County to allow municipal candidates to file campaign reports electronically beginning January 2018.  All candidate for municipal office would utilize the Online Treasurer Reporting System maintained and operated by Volusia County Supervisor of Elections Office.  The City Clerk and the public will have prompt access to campaign reports electronically.  Uniform electronic filing of reports by all municipal candidates will facilitate expanded public access to campaign finance information and conserve The City of Daytona Beach resources leading to greater efficiency. 

Letitia LaMagna, City Clerk, to report.

Recommendation:  City Clerk recommends passing the Ordinance on first reading.

Action:  Motion to pass the Ordinance on first reading.

     Note:  If passed, Public Hearing, December 20, 2017.

Ordinance on first reading - approving the issuance of debt financing with Branch Banking and Trust Company (BB&T), P.O. Box 714, Columbia, South Carolina, 29202 in the amount of $450,000.  The City received a proposal regarding the purchase of one (1) E-One Typhoon fire pumper from Hall-Mark RTC.  City Commission adopted Resolution No. 17-355 approving the purchase and the intent to use debt financing at the November 1, 2017 City Commission Meeting.  The Finance Department through its Financial Advisor, Public Financial Management, LLC, solicited financing proposals from banks and financing partners and received eight (8) responses.  The overall proposal which best meets the City's needs is from BB&T with an interest rate of 2.3 percent and no additional fees for a term not to exceed 10 years with annual payments not to exceed $51,138 and no prepayment penalty.  Repayment of the loan will commence on December 1, 2018 and be made annually from non-ad valorem revenues.  After the first three years, financing can be prepaid in whole with no additional cost. The closing date is scheduled for December 21, 2017 and the estimated closing cost due in FY 2018 is $5,000.  Funds available in the General Fund.

Patricia Bliss, Chief Financial Officer, to report.

Recommendation:  Chief Financial Officer recommends passing the Ordinance on first reading.

Action:  Motion to pass Ordinance on first reading.

    Note:  If passed, Public Hearing, December 20, 2017. 

Resolution appointing one (1) member to the Board of Directors for the First Step Shelter, Inc.  All Board appointments are made by the City of Daytona Beach City Commission by way of resolution. Appointees consist only of individuals or representatives of government agencies or corporate entities, contributing funding, property, expertise or other forms of assistance toward the First Step Shelter Program. This agenda item is to appoint Town of Ponce Inlet Council Member Bill Milano to represent Ponce Inlet as their representative.  Ponce Inlet is qualified to have a representative on the Board of Directors because of their financial participation.

Betty Goodman, Assistant City Manager, to report.

Recommendation:  Commission action.

Action:  Motion to adopt the Resolution.