Approval of the minutes of the June 7, 2017 Executive Session-Closed Meeting, June 21, 2017 Food Truck Workshop, September 13, 2017 Special City Commission Meeting, and the August 31, 2017 Main Street Workshop Meeting held at City Hall, 301 South Ridgewood Avenue, Daytona Beach, Florida.

Residential Award:

David and Gladys Strickland, 920 South Grandview Avenue, Commissioner Kelly White, Zone 3, to present.

Commercial Award:

Hindu Mandir of Daytona Beach, 148 Madison Avenue, 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 authorizing payment in the amount of $50,000 to Minnie Lilley and her attorney, David Glasser, Esq., for release of all claims and full settlement of litigation arising from injuries allegedly sustained from a November 18, 2013, trip and fall on City property.  Funds available in the Consolidated Insurance Fund.

Recommendation:  City Attorney recommends adoption of the Resolution.

Resolution approving retaining of Noah C. McKinnon, Jr., Esquire, 595 West Granada Boulevard, Ormond Beach, Florida, 32174, at the city's expense as stipulated on page four, paragraph one of the employment contract between the City of Daytona Beach and James V. Chisholm, for legal representation and litigation in the case of Sonja Wiles vs. James V. Chisholm.

Recommendation:  City Manager recommends adoption of the Resolution..

Resolution authorizing the disposal of surplus equipment pursuant to City Code Section 30-202.  As part of the Finance Department year-end process, the following items were found that have a net book value greater than $5,000 which require City Commission approval.

• Chemical Feed Building at Bethune Point which was demolished for safety as the City no longer uses methanol in its processes.
• 30-Ton Roof Air Conditioning Unit at City Hall which was replaced with a new unit.              

This agenda item has no cost or financial obligation on the part of the City of Daytona Beach.

Recommendation:  Chief Financial Officer recommends adoption of the Resolution.

Resolution supporting the submission of a grant application to Racing & Recreational Facilities District for the replacement of the stage floor at Peabody Auditorium.  This project is to install custom-designed sprung wood stage floor that is appropriate for a performance venue of this magnitude.  The current floor is over ten (10) years old and is warping and wearing and is laid directly over concrete, providing no resilience for dancers and other performers.  This request is consistent with the Peabody Foundation's Centennial Renaissance Campaign Phase I capital improvements that were approved by the City previously.  The improvement is consistent with the City's ongoing commitment to invest in creating quality places for people.  It is in the Main Street Redevelopment Area.  The estimated cost is $76,300 and the grant request in the amount of $50,000 will be submitted on January 2, 2018.  The City will provide matching funds of $26,300.

Recommendation:  Government Relations Administrator recommends adoption of the Resolution. 

Resolution supporting the submission of a grant application to Racing and Recreational Facilities for the replacement of the current sod field at Jackie Robinson Ballpark with artificial turf.  This improvement will allow the field to be used year-round as a recreational facility and a community event venue, while significantly reducing recurring maintenance costs.  The improvement is consistent with the City's ongoing commitment to invest in downtown Daytona Beach and create quality places for people.  It is in the Downtown Redevelopment Area.  The estimated cost for artificial turf is $900,000 and this grant request of $650,000 will be submitted on January 2, 2018.  The City will provide matching funds of $250,000.  

Recommendation:  Government Relations Administrator recommends adoption of the Resolution.

Resolution authorizing refunding of the Series 2009 Branch Banking & Trust (BB&T) bank loan and issuing Capital Improvement Revenue Note, Series 2017 (commonly known as the 2017 BB&T bank loan) with (BB&T), 1201 Main Street, Suite 700, Columbia, SC 29201, in order to refund the existing 2009 BB&T bank loan and reduce the interest rate from 4.98% to 3.54% for an estimated net present value savings of $1,266,633.75 in interest expenses. City Commission adopted Ordinance 08-135 as amended by Ordinance 09-56 which authorized a loan from BB&T.  Under the original terms, the loan agreement has specific prepayment clauses which include a prepayment fee and limits the callable date to occur after the first 10 years (May 1, 2019).  Interest rates have decreased substantially and BB&T has voluntarily agreed to reduce the bank loan’s interest rate with payment of 0.5% prepayment fee.  The interest rate reduction will be documented through the issuance of a new original promissory note.

The new loan is non-callable until November 1, 2022 with a 1% prepayment penalty if called.  The current outstanding principal balance is $23,483,000 and the final payment will remain scheduled for FY2029. The new loan balance of $23,655,000 will include the closing costs of $172,000.  The City will be responsible for costs of issuance such as financial advisor, bond counsel and bank attorney's fees estimated at $54,585 plus prepayment fee of $117,415.  FY2018 revenue and expense budget will be increased by $172,000 to reflect the new bond proceeds and to pay for the closing costs and transaction fees.  The debt service payments are payable from three (3) different non-ad valorem revenue sources – Water & Sewer Fund (65%), Halifax Marina Fund (28%) and Downtown CRA Fund (7%).

Recommendation:  Chief Financial Officer recommends adoption of the Resolution.

Resolution ratifying an emergency purchase order to Sunset Marine, 1059 Turnbull Creek Road, New Smyrna Beach, FL  32168 in the amount of $172,172.  The fishing pier at the Halifax Harbor Marina was totally destroyed by Hurricane Irma.  The cost to replace the fishing pier on its existing footprint includes an upgrade to the handrail which will be constructed of aluminum instead of wood to help mitigate future damage to sun exposure.  The City Manager authorized an emergency Purchase Order to repair / replace the pier.  This claim will be submitted to FEMA upon their approval for Category G (Parks & Recreation) expense reimbursements.  FEMA historically reimburses the state and affected local governments no 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 available in FEMA - Hurricane Irma Fund for $150,650.50 and the General Fund for $21,521.50.

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

Resolution approving the purchase of SCADA equipment from BCI Technologies, 1619 E. Vine St., Kissimmee, FL 32744 in an amount not to exceed $46,279.57.  Sole Source is being requested because Schneider Electric Telemetry & Remote SCADA Solutions is a proprietary system and BCI Technologies is the exclusive representative in the State of Florida and the city has standardized SCADA equipment to BCI Technologies at the water, wastewater plants and the lift stations.  The purpose of this request is to provide SCADA equipment at the Westside Regional Wastewater Treatment Plant for the new Bennett Swamp Wetland Rehydration reuse distribution system.  Funds available in the Water & Sewer Improvement Construction Fund and Renewal & Replacement 8% Fund. 

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

Resolution approving the expenditure to Musco Lighting, 100 15th Avenue, West Oskaloosa, IA 52577 for lighting at Jackie Robinson Ball Park (JRBPK) due to storm damage as a result of Hurricane Irma (DR-4337-FL) in the total amount of $56,345.56.  Service to thirty (30) Level 8 Visor’s, six (6) Lamps, re-aiming fixtures, demo to the C2 Pole and the install to the new C2 pole with the existing fixtures is required to ensure adequate lighting functions at JRBPK. The condition is a potential hazard to the teams that will be playing at the facility.  The City of Daytona Beach currently has a 10 year Warranty coverage on 128 lights at JRBPK which exclude damages from natural disasters.  Musco Lighting is a sole source for the lighting needs at the facility. The fixtures used are proprietary, only used by Musco Lighting and no other company can obtain these fixtures.  FEMA and the State historically reimburses the City for a portion of these costs.  Assistance for the State and affected local Governments can include:

• Payment of not less than 75% 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 anticipated unreimbursed costs estimated at 12.5% ($7,043.20).  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 a final reconciliation agreement for the International Speedway Boulevard (ISB) Sanitary Sewer Forcemain Improvements Project under Contract No. 0316-2240 and authorizing the City Manager and City Clerk to execute the Final Reconciliation Agreement with the following stipulations:

• Approve August 1, 2017 as the final completion date and the beginning of the one-year warranty period

• Approve the final adjusted contract price of $470,584.95

• Approve a final payment of $52,817.40 due under the contract, which includes retainage

The adjusted contract price for this project is a contract price reduction of $31,935.40.  No additional funds are required for this request.

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

Resolution approving a sale of City owned parcels of real estate located at 39 and 45 South Ocean Avenue, Daytona Beach, Florida to Avista Properties, VII, LLC in the amount of $2,683,000.00 and authorizing the City Manager to enter into and execute an agreement with Avista Properties, VII, LLC.

James V. Chisholm, City Manager, to report.

Recommendation:  City Manager recommends adoption of the Resolution.

Action:  Motion to adopt the resolution.

Ordinance on second reading - PUBLIC HEARING - 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 adopting the Ordinance.

Action:  Motion to adopt the Ordinance.  

Ordinance on second reading - PUBLIC HEARING - 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 adoption of  the Ordinance.

Action:  Motion to adopt the Ordinance.

Ordinance on second reading - Quasi-Judicial Hearing - 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 approve 

                               failed 2-to-3.

                               Planning Board recommended approval 4-to-2.

Action:  Motion to adopt Ordinance.

Ordinance on second reading - Quasi-Judicial Hearing - 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 adopt Ordinance.

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, January 3, 2018.

Resolution appointing one new member to the Board of Directors for 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 City of Port Orange Council Member Chase Tramont to represent Port Orange as their representative.  Port Orange is qualified to have a representative on the Board of Directors because of their financial participation.

Dr. L. Ronald Durham, Community Relations Manager, to report.

Recommendation:  Commission action.

Action:  Motion to adopt the Resolution.