Items 1 - 3

1. ROLL CALL.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.

Item 4

APPROVAL OF MINUTES.
Approval of Minutes
Approval of the minutes of the February 1, 2017 Regular Meeting of the City
Commission held at City Hall, 301 South Ridgewood Avenue, Daytona
Beach, Florida.

Item 5

AGENDA APPROVAL.
THOSE MATTERS INCLUDED UNDER THE CONSENT AGENDA ARE SELF-EXPLANATORY AND
ARE NOT EXPECTED TO REQUIRE REVIEW OR DISCUSSION. ITEMS WILL BE ENACTED BY
ONE MOTION. IF DISCUSSION IS DESIRED BY ANY MEMBER OF THE COMMISSION, THAT
ITEM MUST BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY.

Item 6

PRESENTATION.
BEAUTIFICATION AWARDS - FEBRUARY 2017 (pp. 16-18)
Residential Award :
Michael and Terri Malia, 1251 Sunset Circle, Commissioner Dannette Henry,
Zone 5, to present.
Commercial Award :
Carlton Shores Health & Rehabilitation Center, 1350
Nova Road, Mayor Derrick L. Henry to present.

Item 7

CITIZENS.
PUBLIC COMMENTS BY THE PEOPLE ADDRESSING THE CITY
COMMISSION
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.

Consent Agenda

PLEASE NOTE: ITEMS PULLED FROM THE CONSENT AGENDA MAY BE REMOVED FROM
CONSIDERATION BY THE CITY COMMISSION AND CONTINUED FOR TWO (2) WEEKS UNTIL
THE NEXT REGULARLY SCHEDULED CITY COMMISSION MEETING. (ONLY MEMBERS OF
THE CITY COMMISSION MAY REMOVE ITEMS FROM THE AGENDA).

8.A. Police Department - Corrisoft, LLC - Juvenile Electronic Monitoring
Equipment (JEM) - GPS Monitoring Agreement (pp. 20-43)
Resolution approving a customer agreement with Corrisoft, LLC, 1713
Jaggie Fox Way, Lexington, KY 40511 for Global Positioning Satellite
Electronic Monitoring Services, for a four-year term, for an amount not
exceed $59,750 under FSA/Federal supply service contract GS07F6020R.
Resolution 16-231 authorized the submittal and acceptance of grant funds
from the U.S. Department of Justice JAG Grant in the amount of $59,750.
The proposed agreement will utilize grant funds under Resolution 16-231.
There is no additional cost to the City.
Recommendation: Chief of Police recommends adoption of the
Resolution.

8.B. Business Enterprise Management Department - Dine and Cruise Enterprise,
LLC - Commercial License and Lease Agreement (pp. 44-99)
Resolution approving a Commercial License and Lease Agreement between
the City of Daytona Beach and Dine and Cruise Enterprises, LLC for 3,783
square feet of commercial space for restaurant and/or retail use associated
with their riverboat tour business and two (2) boat slips behind the Halifax
Harbor Plaza building for the purpose of loading and unloading passengers.
The agreement is for a fve-year term commencing March 1, 2017 with three
(3) fve-year renewal options.

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

8.C. Business Enterprise Management Department - Acrews, Inc - Revised
Commercial Lease Agreement (pp. 100-140)
Resolution approving a revised commercial lease agreement between the
City of Daytona Beach and ACREWS, Inc., for a fve-year term
commencing January 1, 2017 to lease the Marina View Restaurant located at
Halifax Harbor Plaza. The revised lease will allow use of a conference
center in conjunction with the previously approved and existing restaurant
operation, which is permitted per zoning code. The conference center use
would allow owner to host corporate luncheons, meetings and training
seminars, along with social events such as weddings, birthday parties and
holiday events. Since income was adversely affected as a direct result of not
having included this use in the initial lease and unforeseen interior structural
problems not detected during the pre-lease inspections cause ACREWS,
Inc., to incur remodeling costs that exceeded their budget, a waiver is also
being requested in this revision for the lease payments from June to
December of 2016.

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

8.D. Utilities Department - Insituform Technologies, Inc - Thomasson Avenue
Cured-In-Place Sanitary Sewer Pipe Rehabilitation - Final Reconciliation
Agreement (pp. 141-145)
Resolution approving a Final R econciliation Agreement for the Thomasson
Avenue Cured-In-Place Pipe Rehabilitation Project – Work Authorization
No. 3 under Contract 0113-1010 and authorizing the City Manager and City
Clerk to execute the Final Reconciliation Agreement with the following
stipulations:
Approve November 25, 2016 as the fnal completion date and the
beginning of the one-year warranty period
Approve $1,500 additional cost for remobilization due to Hurricane
Matthew
Approve the fnal adjusted contract price of $26,226.40
Funds available in the Renewal and Replacement 5% Fund.
Recommendation: Director of Utilities recommends adoption of the Resolution.

8.E. Cultural Services and Community Events Department - CMG Pro Security,
Inc - Contract Approval (pp. 146-165)
Resolution approving contract No. 0117-3540 with CMG Pro Security, Inc.
a Florida Corporation, 1142 Pelican Drive, Daytona Beach FL 32119 for
uniformed security guard services during certain events held at the Peabody
Auditorium, the Daytona Beach Municipal Stadium, the Daytona Beach
Bandshell and other City operated events. The City will pay the fees per the
unit prices stated on the fee schedule. The term of this contract is one (1)
year, commencing on the effective date, with the option to renew for up to 4
terms of one (1) year each; authorizing the City Manager to exercise the
options to expend $44,000 annually, to renew the contract on the City’s
behalf; and make expenditures for needed services during the renewal
periods, subject to budgeting and appropriation. Funds available in the
Cultural Services Funds and the Municipal Stadium/Jackie Robinson
Ballpark Fund.
Recommendation: Cultural Services and Community Events Director
recommends adoption of the Resolution.

8.F. Public Works/Administration Department - DRC Emergency Services, LLC
– Emergency Debris Removal Services - Hurricane Matthew - Ratifcation
(pp. 166-241)
Resolution ratifying the emergency Purchase Order No. 8594 in the amount
not to exceed $4,000,000 for DRC Emergency Services, LLC for Debris
Removal Services in response to Hurricane Matthew (DR-4283). DRC
mobilized to the City of Daytona Beach within eight hours of issuance and
commenced services within 24 hours of declared local stated disaster. The
daily operations have concluded in an uninterrupted manner to ensure timely
completion in 100 days of disaster event. DRC has performed daily haul outs
with a total of 330,189 cubic yards of debris collection along with the
removal 7,258 units of hazardous stumps, leaning and hanging limbs with no
stoppages. Estimated debris collections costs from October 10th to January
10th total $3,593,361 to date.
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 anticipated unreimbursed costs up to
12.5% ($500,000). A future budget amendment will authorize all Hurricane
Matthew related costs not covered by FEMA.
Recommendation: Deputy Public Works Director recommends adoption
of the Resolution.

8.G. Public Works, Administration Division - Florida Fish and Wildlife
Conservation Commission (FWC) Bear-Resistant Receptacles - Grant
Award Acceptance (pp. 242-261)
Resolution approving the acceptance of grant funds from the Florida Fish
and Wildlife Conservation Commission (FWC) in the amount of $20,000,
authorizing the City Manager to execute any documents associated with the
grant application, accepting the grant fund; and permitting the Budget
Offcer to amend the budget for new revenue and corresponding
expense. The purpose of this grant is to purchase 125 bear-resistant
trashcans to offer to residents west of I-95 corridor at a discounted cost. The
City will share the cost by contributing $5,000 from the Solid Waste Funds.
After the City Commission’s approval of the grant award, City staff will
develop and submit for City Commission approval, regulations providing for
use of the containers and establishing fees for use. The grant will be used to
reduce the amount of this fee for residents to use at a set shared cost rate for
vulnerable areas. Funds available in the Solid Waste Management Fund.
Recommendation: Deputy Public Works Director recommends adoption
of the Resolution.


8.H. Business Enterprise Management Department - Alan Jay Fleet Sales - MultiDepartment
Vehicle Replacements (pp. 262-268)
Resolution authorizing the purchase of ten (10) replacement vehicles in the
amount of $197,292.30 from the Florida Sherriff's Association Bid FSA16-
VEH14.0 and FSA16-VEL24.0, specifcation 45, 49, and 51 with options
from Alan Jay Fleet Sales, P.O. Box 9200, Sebring, FL 33871. A program
for vehicle replacement has been budgeted for Permits and Licensing and
Neighborhood Services Departments. Funds available in the General Fund
($114,673.98) and Permits and Licensing Special Revenue Fund
($82,618.32). Recommendation: Business Enterprise Management Director
recommends adoption of the Resolution.

8.I. Public Works/Grounds Maintenance - WescoTurf - Toro Reelmasters
Mowers - Purchase (pp. 269-274)
Resolution approving the purchase of 2-Toro Reelmaster Mowers from
WescoTurf, 2101 Cantu Court, Sarasota, Florida, in the amount of
$29,014.91 each, for a total of $58,029.82, under State Contract number
21100000-15-1. These mowers will replace 2 existing mowers that are used
at Derbyshire Complex and Bethune Point Complex. The existing mowers
are no longer made, making it hard to get replacement parts. Funds
available in the General Fund.
Recommendation: Deputy Public Works Director recommends adoption
of the Resolution.

8.J. Utilities Department - Nalco Company - Westside Regional Wastewater
Treatment Plant - Liquid Cationic Biomass Dewatering Polymer – Purchase
(pp. 275-281)
Resolution authorizing the second 1-year renewal option for bid 0112-3520
to Nalco Company, 1601 West Diehl Road, Naperville, IL 60563 for the
purchase of liquid cationic wastewater sludge dewatering polymer at a rate
of $118.20 for each dry ton and authorizing the fscal year 2016-2017
expenditure of $270,400. The City uses polymer to dewater the wastewater
biomass to meet permit requirements for disposal of biosolids as stipulated
by the Florida Department of Environmental Protection. Dewatering the
biomass reduces the volume and weight of sludge which ultimately reduces
the cost of disposal. Resolution 13-31 awarded bid 0112-3520 for the
purchase of liquid cationic wastewater sludge dewatering polymer to the
Nalco Company for three-years with two 1-year renewal options. Funds
available in the Water & Sewer Fund.
Recommendation: Director of Utilities recommends adoption of the
Resolution.

8.K. Finance-Information Technology Department - Taser International - Taser
Body Camera Equipment, Software and Services Purchase (pp. 282-295)
Resolution approving the purchase of 40 Taser AXON Flex-2 body cameras
with associated equipment and services, and approving a fve year contract
with Taser International to supersede three existing Taser contracts
pertaining to 150 body cameras currently in use by the Daytona Beach
Police Department from vendor No. 102274, Taser International, 17800 N.
85th St., Scottsdale, Arizona 85255. The proposed fve year contract will have an effective date of April 1, 2017 and will govern the relationship
between the City and Taser International for the new total of 190 body
cameras, associated mounting hardware, camera docking stations, shipping,
hosted software licensing and services, data storage, and Taser Assurance
Plans (TAP). An initial payment in the amount of $136,283.31 is due at
contract signing and is the total amount to be encumbered for this purpose
for the remainder of fscal year 2017. The amount of the initial payment
includes a credit of $60,739.50 paid on the existing three contracts within
the past year, but which will not have been consumed as of the effective date
of the new contract. Payments on the new contract for contract years 2
through 5 for software licensing, data storage, and TAP will be due annually
in the amount of $151,032 per year. The City is currently obligated to pay
$110,000 per year for support of the 150 existing body camera program, the
new contract will encompass and supersede this obligation. This purchase is
considered sole source, since the City has standardized on Taser
International’s Axon Flex body camera program pursuant to the three
previous contracts approved by Resolutions 13-142, 14-269, and 15-247.
Staff requests that the Resolution authorize the City Manager to expend
funds for annually recurring payments provided that suffcient funds are
available. Funds for the initial payment are in the General and Information
Technology Funds.
Recommendation: Chief Financial Offcer recommends adoption of the
Resolution.

Item 9

PUBLIC HEARINGS.
Development and Administrative Services, Planning Division - Tomoka
Town Center (NADG) – Rezoning to Planned Development-General
(pp. 296-420)
Ordinance on second reading - Quasi-judicial HEARING - approving a
request to rezone 118± acres of land located in the southeast quadrant of the
Interstate 95 Interchange at LPGA Boulevard from Industrial Park (M-4) to
Planned Development-General (PD-G) for the purpose of constructing a
mixed use development in multiple phases and authorizing the Mayor to
execute the Tomoka Town Center Planned District Agreement. The
development will include retail, restaurants, hotels, multifamily, and offices
with associated site improvements. Applicant: Robert A. Merrell III, Esq.,
Cobb Cole, on behalf of Jeff Preston, NADG (Tomoka) LP.
Richard Walton, Planning Director, to report.
Recommendation: Planning Board recommends approval 7-to-0.
Action: Motion to adopt Ordinance.

Item 10A

Development and Administrative Services, Planning Division - Clyde Morris
Industrial Park - Rezoning, Planned Development-General
(pp. 421-456)
Ordinance on first reading - approving a request to rezone 101± acres of
land located south and east of the Clyde Morris Boulevard and LPGA
Boulevard intersection from Industrial Park (M-4) and General Industry (M-
3) to Planned Development-General (PD-G) for the purpose of constructing
an industrial park to occur in multiple phases, and authorizing the Mayor to
execute the Clyde Morris Boulevard Industrial 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 pass the Ordinance on first reading.
Note: If passed, Public Hearing, March 1, 2017.

Item 10B

Development and Administrative Services, Redevelopment Division - MLK
Lofts - Rezoning to Planned Development-Redevelopment (PD-RD)
(pp. 457-580)
Ordinance on first reading - approving a request to rezone 2± acres of land
located at the southeast corner of S. Dr. Martin Luther King Boulevard and
Eldorado Street, from Redevelopment Midtown-Neighborhood Center
Mixed Use (RDM-2) and Redevelopment Midtown-Neighborhood
Transition Mixed Use (RDM-5) to Planned Development-Redevelopment
(PD-RD) to allow an 82-unit apartment building and associated site
improvements, and authorizing the Mayor to execute the MLK Lofts
Planned District Agreement. Applicant: James S. Morris, Esquire, on behalf
of Heron Realty Investments, LLC.
Reed Berger, Redevelopment Director, to report.
Recommendation: Midtown Redevelopment Board recommends approval
5-to-0.
Planning Board recommends approval 6-to-0.
Action: Motion to pass Ordinance on first reading.
Note: If passed, Public Hearing, March 1, 2017.

Item 10C

Public Works, Technical Services Division - Temporary Moratorium on
Permitting/Installation of Wireless Communication Antenna Support
Structures in City Rights-of-Way (pp. 581-599)
Ordinance on first reading - Enacting a temporary six month moratorium
on the fling, acceptance, or processing of any permit, development order, or
other official action of the City having the effect of authorizing the
construction of Wireless Communication Antenna Support Structures
(“WCASS”) within City rights of way.
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 City also has an obligation to
manage City rights-of-way in a manner that protects public health, safety,
and welfare, including with respect to aesthetic concerns. The existing
provisions of the City Code and LDC that regulate City rights-of-way
activities, do not contemplate or clearly address the deployment of WCASS
in the rights-of-way.
The moratorium requested would halt the processing of
applications to deploy WCASS within City rights-of-way in order to give the
City adequate time to plan, consider, review, and adopt regulations, or revise
existing regulations. The time afforded would allow the City to devise
regulations that fully address the public interest while also complying with
federal and state law.
David Waller, Deputy Public Works Director, to report.
Recommendation: Deputy Public Works Director recommends passing
the Ordinance on first reading.
Action: Motion to pass the Ordinance on first reading.
Note: If passed, Public Hearing, March 1, 2017.

Item 10D

City Manager's Office - Beautification/Tree Advisory Board - Appointments
(pp. 600-605)
Resolution appointing one (1) member to the Beautification/Tree Advisory
Board. John Wagner (Zone 1) resigned with a membership expiration date
of 12/31/18. The board shall consist of seven members. One member shall
be nominated by each City Commissioner from among the resident of the
zone, plus one at-large member nominated by the Mayor who may be a
resident of any City Commission zone. All board members shall be resident
of the City and qualified electors. Board members shall be appointed for
three year staggered terms, and may be appointed to successive terms.
Members shall continue to serve until their successors are appointed.
Vacancies occurring for reasons other than expiration of term shall be filled
for the period of the unexpired term only. We have one application from
Zone 1 from Sheron Weatherholtz.
Betty Goodman, Assistant City Manager, to report.
Recommendation: Commission action.
Action: Motion to adopt the Resolution.

Item 10E

City Manager's Office - Midtown Redevelopment Board-Appointment
(pp. 606-612)
Resolution appointing one (1) member to the Midtown Redevelopment
Board. The board shall consist of seven (7) members appointed by the City
Commission and one (1) Planning Board member who shall serve as an ex
officio nonvoting member. Members shall reside or have their principal
place of business in the Midtown Redevelopment Area (MRA). A majority
of the board members shall be residents of the City. We have received an
application from Pierre Louis.
Betty Goodman, Assistant City Manager, to report.
Recommendation: Commission action.
Action: Motion to adopt the Resolution.

Item 10F

City Manager's Office - Midtown Redevelopment Board-Appointment
(pp. 606-612)
Resolution appointing one (1) member to the Midtown Redevelopment
Board. The board shall consist of seven (7) members appointed by the City
Commission and one (1) Planning Board member who shall serve as an ex
officio nonvoting member. Members shall reside or have their principal
place of business in the Midtown Redevelopment Area (MRA). A majority
of the board members shall be residents of the City. We have received an
application from Pierre Louis.
Betty Goodman, Assistant City Manager, to report.
Recommendation: Commission action.
Action: Motion to adopt the Resolution.

Item 8B

Business Enterprise Management Department - Dine and Cruise Enterprise,
LLC - Commercial License and Lease Agreement (pp. 44-99)
Resolution approving a Commercial License and Lease Agreement between
the City of Daytona Beach and Dine and Cruise Enterprises, LLC for 3,783
square feet of commercial space for restaurant and/or retail use associated
with their riverboat tour business and two (2) boat slips behind the Halifax
Harbor Plaza building for the purpose of loading and unloading passengers.
The agreement is for a five-year term commencing March 1, 2017 with three
(3) five-year renewal options.
Recommendation: Business Enterprise Management Department Director
recommends adoption of the Resolution.

Item 8C

Business Enterprise Management Department - Acrews, Inc - Revised
Commercial Lease Agreement (pp. 100-140)
Resolution approving a revised commercial lease agreement between the
City of Daytona Beach and ACREWS, Inc., for a five-year term
commencing January 1, 2017 to lease the Marina View Restaurant located at
Halifax Harbor Plaza. The revised lease will allow use of a conference
center in conjunction with the previously approved and existing restaurant
operation, which is permitted per zoning code. The conference center use
would allow owner to host corporate luncheons, meetings and training
seminars, along with social events such as weddings, birthday parties and
holiday events. Since income was adversely affected as a direct result of not
having included this use in the initial lease and unforeseen interior structural
problems not detected during the pre-lease inspections cause ACREWS,
Inc., to incur remodeling costs that exceeded their budget, a waiver is also
being requested in this revision for the lease payments from June to
December of 2016.
Recommendation: Business Enterprise Department Director recommends
adoption of the Resolution.

Item 11

PUBLIC COMMENTS - DURING THIS TIME CITIZENS HAVE THE
OPPORTUNITY TO ADDRESS THE CITY COMMISSION ON ANY
MATTER THAT IS NOT ON THE AGENDA.

Items 12 & 13

12. COMMENTS AND INQUIRIES FROM THE CITY COMMISSION - CITY
MANAGER AND CITY ATTORNEY REPORT.

13. ADJOURNMENT.