Items 1 - 3

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

Item 4

APPROVAL OF MINUTES.

4.A. Approval of Minutes
Approval of the minutes of the February 7, 2018 Regular City Commission
Meeting Minutes 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.

6.A. BEAUTIFICATION AWARDS - FEBRUARY 2018 (pp. 18-20)
Residential Award :
Mary A. Williams, 109 Bluestem Circle, Commissioner Dannette Henry,
Zone 5, to present.
Commercial Award :
Space Coast Credit Union, 200 Bill France Boulevard,
Mayor Derrick L. Henry to present.

Item 7

CITIZENS.

7.A. 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.B. Legal Department - Estate of Lester A. Euell - Demolition of 1057 North
Street - Petition for Administration (pp. 31-41)
Resolution authorizing the City Attorney's Offce to fle a petition on behalf
of the City for administration of the estate of Lester A. Euell, for the purpose
of establishing ownership and accomplishing the demolition of the building
at 1057 North Street in accordance with legal requirements.
Recommendation: City Attorney recommends adoption of the Resolution.

8.C. City Manager/Human Resources/Risk Management Division - Florida Health
Care Plan - Pre-Employment Physicals and Medical Screenings - Contract
(pp. 42-51)
Resolution authorizing the City of Daytona Beach to enter into a contract
with Florida Health Care Plans (FHCP), 1340 Ridgewood Ave., Holly Hill,
FL 32117 to perform pre-employment physicals and other medical
screenings on individuals offered employment by the City. The contract
with Dr. Eugene Crouch to act as Medical Director for the City expires on
February 28, 2018. As a part of his duties, Dr. Crouch performed preemployment
physicals and other medical screenings as requested by the
City. The City is looking to contract with FHCP to perform said duties. The
purchasing Code allows for contracting for medical services such as preemployment
physicals and other medical screenings without competitive
selection process. FHCP is aware of the City's current pre-employment and
other medical screening processes as they have performed medical
screenings for the City in the past. FHCP also has a network of facilities and
doctors in place to reduce the need to go to multiple locations to complete a
physical. The annual cost of pre-employment physicals will exceed $25,000
and therefore will need City Commission approval. If approved, the annual
contract is expected to commence on March 1, 2018. It is requested that the
City Manager and City Clerk be authorized to execute any contract
documents with FHCP needed to implement the services. Funds in the
amount of $30,000 for FY 2018 are available in the Consolidated Insurance
Fund. The remaining $20,000 is contingent upon the adoption of the FY
2019 budget.
Recommendation: Human Resources Director recommends adoption of the
Resolution.

8.D. Development Services/Cultural Services and Community Events Department
- Hawkins Inc – Contract Amendment (pp. 52-79)
Resolution amending General Services Contract No. 0116-0630 between the
City of Daytona Beach and Hawkins, Inc. (dba Hawkins Water Treatment
Group), 2381 Rosegate, Roseville, MN 55113. The amended contract would
approve contractor to supply and deliver additional quantities of swimming
pool chemicals to Cypress Aquatic Center and Campbell Pool, increasing the
annual not to exceed amount of $13,070 by $21,930 totaling $35,000. The
current estimate amount needed for FY 2018 is $25,723. The $35,000 is
based on the projected amount of chemicals that will be needed which
fuctuate depending on pool usage and weather conditions. The contract
provides one additional one-year option to renew. It is requested that the
City Manager be authorized to exercise the Contract renewal on behalf of the
City. Funds available in the General Fund.
Recommendation: Cultural & Leisure Service Director
recommends adoption of the Resolution.

8.E. Public Works Technical Services Division - City of Daytona Beach and
Florida Department of Transportation (FDOT) - Acceptance of FDOT
SUNTrail Network Agreement No. 1 (FPN 439869-1-34-01) - Beach Street
between Marina Point and Orange Avenue (pp. 80-89)
Resolution approving Supplemental Amendment No. 1 to FDOT SUNTrail
Network Agreement No. 439869-1-34-01 between the City of Daytona
Beach and the Florida Department of Transportation (FDOT), decreasing the
amount eligible for reimbursement to the City to $71,455 for the design of a
12 foot wide multi-use trail (Beach Street between Marina Point and Orange
Avenue); to extend the time to complete the design to October 31, 2018;
and authorizing the City Manager and City Clerk to execute any further
amendments to the Agreement referenced above, however characterized,
which may be needed to adjust maximum grant amounts, budget allocations,
or deadlines set forth in the Agreement. The decrease in funding is due to the
negotiated design fee of $74,605 being lower than the original FDOT
SUNTrail Network Agreement of $100,000. The Supplemental Amendment
provides suffcient funding to design the above referenced trail. The
ineligible expense items totaling $3,150 will be the City’s responsibility.
Recommendation: Deputy Public Works Director recommends adoption of
the Resolution.

8.F. Public Works, Technical Services Division - City of Daytona Beach and
Florida Department of Transportation (FDOT) - Acceptance of FDOT
SUNTrail Network Agreement No. 1 (FPN 439870-1-34-01) - Ballough
Road that crosses over the Ballough Road Bridge (pp. 90-98)
Resolution approving Supplemental Amendment No. 1 to FDOT SUNTrail
Network Agreement No. 439870-1-34-01 between the City of Daytona
Beach and Florida Department of Transportation (FDOT), providing an
increase to the amount eligible for reimbursement to the City of up to
$19,440 for the design of a 12 foot wide multi-use trail (Ballough Road that's
crosses over the Ballough Road Bridge); and to also extend the time to
complete the design to October 31, 2018; and authorizing the City Manager
and City Clerk to execute any further amendments to the Agreement
referenced above, however characterized, which may be needed to adjust
maximum grant amounts, budget allocations, or deadlines set forth in the
Agreement. The increase in funding is due to the negotiated design fee of
$20,540 being higher than the original FDOT SUNTrail Network Agreement
of $6,600. The ineligible expense items totaling $1,100 will be the City’s
responsibility.
Recommendation: Deputy Public Works Director recommends adoption of
the Resolution.

8.G. Public Works, Technical Services Division - McKim & Creed – Amendment
No. 3 to Work Authorization No. 2 (pp. 99-124)
Resolution approving Amendment No. 3 to Work Authorization No. 2
(Contract No. 0111-0740-MC, Res No. 15-259 and 16-332) for a total Not toExceed cost of $50,546.31 with McKim & Creed, 139 Executive Circle,
Suite 201, Daytona Beach, FL 32114, to modify the lighting plans. This
amendment is necessary due to misrepresentation of the construction
specifcations for the system and cost information for the proposed solar
lighting which has created the need to re-engineer the lighting system to use
conventional power. This is related to the Dr. Martin Luther King, Jr.
Boulevard and Pedestrian Improvements Project, City Project No. 2015-085.
Funds available in the Capital Projects Fund.
Recommendation: Deputy Public Works Director recommends adoption of
the Resolution.

8.H. Utilities Department - Carollo Engineers - Work Authorization No. 24 -
Contract No. 1307-1022 (pp. 125-141)
Resolution approving Work Authorization No. 24 under contract No. 1307-
1022 with Carollo Engineers, 1089 W. Morse Boulevard, Suite A, Winter
Park, FL 32789, in an amount not to exceed $108,718 for Engineering
Services for the design of In-Plant Reuse Pump Station at Westside Regional
Wastewater Treatment Plant. Pump Station 100 supplies reuse water to
LPGA golf course, the Florida Tennis Center and wash water throughout the
Regional Wastewater Treatment Plant including the belt flter presses. Pump
Station 100 must maintain a minimum pressure of 85 pounds per square inch
(psi) during pumping operations to all facilities. Currently, Pump Station
100 maintains 30 psi during pumping operations to all facilities, which is not
optimum. The belt flter presses requires the greatest amount of pressure
relative to reuse water for cleaning purposes in order to properly maintain the
equipment on a daily basis. In order to accomplish this requirement, a new
pump station needs to be built that will have a dedicated supply of reuse
water at the minimum pressure of 85 psi. Funds available in the State
Revolving Loan - Water & Sewer Construction Fund.
Recommendation: Business Enterprise Management Director recommends
adoption of the Resolution.

8.I. Utilities Department - McMahan Construction Co., Inc. - Reuse Water
System, Storage Tank and Pump Station Project - Change Order No. 1 to
Contract No. 0317-1180 (pp. 142-214)
Resolution approving Change Order No. 1 to Contract No. 0317-1180 with
McMahan Construction Co., Inc., 123 East Indiana Avenue, DeLand, FL
32724 in the amount of $84,545.67 with an extension of 52 days of contract
time. This request is needed to provide compensation for the horizontal
directional drill of a 14-inch reuse main to be constructed with the Reuse
Water System, Storage Tank and Pump Station Project located behind the
Police Station on Valor Boulevard. Funds available in the Water and Sewer
Improvement Fund and Renewal and Replacement 8% Fund.
Recommendation: Business Enterprise Management Director recommends
adoption of the Resolution.

8.J. Public Works/Engineering Department - Certifed Signage, Inc., D/B/A
Central Signs - Municipal Stadium Entrance Sign Improvements - Change
Order No. 2 (pp. 215-222)
Resolution approving Change Order No. 2 to Contract No. ITB 0317-2000
in the amount of $17,800 with Certifed Signage, Inc., D/B/A Central Signs,
517 Mason Avenue, Daytona Beach, FL 32117. The change order will
secure a 10-year warranty on the new electronic message board at Municipal
Stadium. Per Resolution 17-338, the City approved a Contract with Central
Signs in the amount of $111,980 to furnish, construct and install a new
entrance sign at Municipal Stadium. Electronic products usually experience
from 16% - 25% expense annually for software/hardware maintenance. This
onetime expense locks in the warranty protection at approximately 25% of
the electronic display purchase price. Funds available in the Capital Projects
Fund.
Recommendation: Deputy Public Works Director recommends adoption of
the Resolution.

8.K. Utilities Department - Atlas Copco Compressors, LLC - Brennan Water
Treatment Plant Ozone Water Treatment - Emergency Ratifcation - Sole
Source Purchase (pp. 223-236)
Resolution ratifying an emergency purchase from Atlas Copco Compressors,
LLC, 9655 Florida Mining Boulevard West, No. 301, Jacksonville, FL
32257, in the amount of $30,606. The Brennan Water Treatment Plant
utilizes three air compressors for Ozone generation as part of the water
treatment process. To meet our current water quality standards, two air
compressors must be in generation at all times. In order to assure compliance
with these quality standards it was necessary to immediately purchase a
replacement compressor motor. This is a Sole Source request as the motor in
Compressor one is in an Atlas Copco compressor, which can only be repaired
with Atlas Copco parts. Funds available in the 5% Renewal & Replacement
Fund.
Recommendation: Business Enterprise Management Director recommends
adoption of the Resolution.

8.L. Finance - Information Technology Division - Kronos Inc. - Kronos-TeleStaff
Police and Fire Time and Attendance System - Sole Source Purchase
(pp. 237-258)
Resolution approving the purchase of an upgraded Kronos-TeleStaff Police
and Fire time and attendance system from Kronos Inc., 297 Billerica Road,
Chelmsford MA 01824 at a cost of $17,045 for Police and $9,485 for Fire,
totaling $26,530. The upgrade includes Workforce TeleStaff Global Access
version six software licensing, support services, a subscription to Kronos
Education Services, and professional services from Vendor No.101432. This
purchase is considered sole source, since the City Police and Fire
Departments currently utilize Kronos-TeleStaff to manage employee time,
attendance, vacation scheduling, and daily rosters. Kronos-TeleStaff
Licenses and Services are subject to the terms and conditions of the Kronos
Sales, Software Licensing, and Services Agreement approved by Resolution
14-25, executed on February 7, 2014. The TeleStaff system assists the City’s
public safety agencies in controlling labor costs, minimizing compliance
risks, improving productivity, and provides employees with communications
and online accessibility to rosters, and schedules. The web-based solution
tracks employee certifcations, ensures staffng does not fall below
requirements, supports union and business rules, tracks overtime, contacts
employees by telephone, email, or mobile devices for emergency responses
and for backflling vacant shifts, and automates time card submittal and
workfow to the City payroll system. Funds available in the Information
Technology Fund.
Recommendation: Chief Financial Offcer recommends adoption of the
Resolution.

8.M. Finance - Information Technology - Continuant, Inc. - Telephone System
Maintenance - Purchase (pp. 259-274)
Resolution approving the purchase of telephone system maintenance
services from Continuant Inc., 5050 20th Street East, Fife, WA 98424, City
Vendor No. 103871, pursuant to General Services Administration (GSA)
contract number GS-35F-552AA Schedule 70, at the rate of $2,352.98 per
month, annual cost of $28,235.76, which is a reduction of $1,286.28 in
expense compared to last year. Pricing is based on a 12-month term
beginning March 1, 2018 and ending February 28, 2019. The GSA contract
includes a provision for termination of the contract, or any part thereof,
solely for convenience. The Continuant Maintenance Advantage Plan
includes: 24/7 event monitoring, incident management, hardware
replacement, access to a technical assistance center and customer portal, and
a dedicated account manager to support the City’s four private branch
exchange (PBX) telephone systems. Since services are paid monthly, the
cost for Fiscal Year 2018, the frst seven months of the term, will be
$16,470.86, however, due to the receipt of a vendor credit in the amount of
$2,460.17, the actual cost for Fiscal Year 2018 is $14,010.69. The cost for
Fiscal Year 2019, the remaining fve months of the term, will be $11,764.90,
subject to future appropriations. Funds available in the Information
Technology Fund.
Recommendation: Chief Financial Offcer recommends adoption of the
Resolution.

8.N. Public Works, Technical Services Division - P&S Paving, Inc., - Sweetheart
Trail-Donnelly Place - Bid Award (pp. 275-289)
Resolution awarding a Construction Contract to P&S Paving, Inc., 3701
Olson Drive, Daytona Beach, FL 32124, the lowest, responsive and most
responsible bidder for the Sweetheart Trail – Donnelly Place Project. This is
an Florida Department of Transportation (FDOT) SUNTrail Grant funded
project to construct a 12 foot wide concrete trail along Donnelly Place
between Shady Place and Bellevue Avenue.
It is staff’s recommendation that
the construction contract be awarded to P&S Paving, Inc., the second lowest
bidder as staff fnds them to be the lowest, responsive and most responsible
bidder. Staff also recommends that the award to P&S Paving, Inc. only
include the Base Bid which will be fully reimbursed by the FDOT SUNTrail
Grant.
The lowest bidder by dollar amount is Thadcon, LLC however their
performance on the Orange Avenue Improvements project has not shown
them to be a responsible bidder. The Orange Avenue project contracted work
has had too many delays and is still not completed, which has resulted in a
frst-of-its-kind-for-the-City interim Partial Final Estimate and Reconciliation
Agreement. Their performance has shown them to require the commitment of
extraordinary City staff and consultant CEI material and management
resources to coordinate, schedule and complete contracted work in a timely
manner. City experience has also shown that Thadcon has routinely had
signifcant and frequent changes in key project personnel during the life of
this project that contributed to their inability to properly execute their work in
a timely manner.
Recommendation: Deputy Public Works Director recommends adoption of
the Resolution.

8.O. Finance Department - Allocation of Bike Week Sponsorship Funds
(pp. 290-291)
Resolution authorizing payment in the amount of:
$150 to Daytona Beach Alumnae Chapter of Delta Sigma Theta Sorority,
Inc., for Evening of Elegance Dinner and Dance Scholarship Fundraising
Event, Crimson Sponsorship from the Bike Week Sponsorship Funds of
Commissioner Dannette Henry.
Recommendation: Chief Financial Offcer recommends adoption of the Resolution.

Item 9A

PUBLIC HEARINGS.

Development and Administrative Services, Planning Division - Future Land
Use Element Amendment - Mixed Uses - Large Scale Comprehensive Plan
Amendment (pp. 292-384)
Ordinance on second reading - PUBLIC HEARING - adopting a Large
Scale Comprehensive Plan Amendment (LSCPA) removing the requirement
of Volusia Growth Management Commission (VGMC) review of all Planned
Development applications on properties with a Mixed Uses future land use
designation located east of Interstate 95 (I-95). Applicant: Development and
Administrative Services Department, Planning Division.

Richard Walton, Planning Director, to report.

Recommendation: Applicant request that this item be continued to the April
4, 2018 Regular City Commission Meeting.

Item 9B

Development and Administrative Services, Planning Division - Neighborhood A, B, & C - Restaurants on Oceanfront as a Principal Use - Large Scale Comprehensive Plan Amendment (pp. 385-393)

Ordinance on second reading - PUBLIC HEARING - adopting a Large Scale Comprehensive Plan Amendment (LSCPA) amending policies in Neighborhood A, B, and C to permit restaurants as a principal use on the east side of A1A along the oceanfront. Applicant: Development and Administrative Services Department, Planning Division.



Richard Walton, Planning Director, to report.



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

Action: Motion to adopt the Ordinance.

Item 9C

Development and Administrative Services, Planning Division - Land
Development Code Text Amendment - Amend Article 5 (Principal Use
Tables) and Article 11 (Defnitions) (pp. 394-412)
Ordinance on second reading - PUBLIC HEARING - amending Article
5.2.A (Principal Use Tables) of the Land Development Code to combine
Warehouse distribution and Warehouse storage into one use type
(Warehouse, storage & distribution) and to permit by right in all Industrial
zoning disticts and the Business Automotive (BA) zoning district and as a
Special Use Permit in the Business Retail (BR-1) zoning district, and apply
the use specifc standards from 5.2.B.27.b. and amending Article 11
(Defnitions) other LDC provisions for consistency of items. Applicant:
Development and Administrative Services Department, Planning Division.

Richard Walton, Planning Director, to report.

Recommendation: Planning Board recommends approval 6-to-0.
Action: Motion to adopt the Ordinance.

Item 9D

Engineering/Public Works Department - Birchwood Subdivision - Final Plat
Approval (pp. 413-443)
Resolution - Quasi-Judicial Hearing - approving the Final Plat and
Contract for Plat Recording 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. There are public improvements associated with this Plat,
therefore, approval of the Contracts for Plat recording is required.

David Waller, Deputy Public Works Director recommends adoption of the
Resolution.

Recommendation: Planning Board recommended approval 4-to-0 at their
August 24, 2017 meeting.
Action: Motion to adopt the Resolution.

Item 10A

ADMINISTRATIVE ITEMS.

Development and Administrative Services, Planning Division - Buc-ee's -
Rezoning, Planned Development-General and Preliminary Plat for 95-LPGA
(pp. 444-510)
Ordinance on frst reading - approving a request to rezone 35± acres of
land generally located north of LPGA Boulevard and east of I-95 from
"County" Urban Single-Family Residential (R-2) and "City" Industrial Park
(M-4) to Planned Development-General (PD-G) to allow for the construction
of Buc-ee's, and authorizing the Mayor to execute the Buc-ee's Planned
District Agreement, approve the 95-LPGA Preliminary Plat. Applicant:
Parker Mynchenberg, Parker Mynchenberg & Associates, Inc. on behalf of
Consolidated Tomoka Land Co. & Indigo Development, LLC.

Richard Walton, Planning Director, to report.

Recommendation: Planning Board recommends approval 6-to-0.
Action: Motion to pass Ordinance on frst reading
Note: If passed, Public Hearing, March 7, 2018

Item 10B

City Manager's Offce - County Council of Volusia County - One-Half Cent
Infrastructure Sales Tax (pp. 511-515)
Resolution requesting and supporting the County Council of Volusia County
placing one-half cent infrastructure sales tax referendum on the November
2018 ballot. A half-cent sales tax would generate an estimated $45 million
dollars in Volusia County annually with a twenty (20) year sunset. Estimates
of Daytona Beach's share is approximately $3,716,126 yearly. The revenue
generated would be used to enhance sidewalks, repair roads, reduce traffc
congestion, alleviate fooding and improve water quality as well as other
identifed infrastructure projects of the City.

Recommendation: City Manager recommends adoption of the Resolution.

Item 10C

Cultural & Leisure Services Department - Agreement for the Leasing,
Management, & Operation of Municipal Stadium and Adjacent Properties
(pp. 516-697)
Resolution approving an agreement with DME Sports, LLC for the leasing
of Municipal Stadium, located at 3917 LPGA Boulevard, and surrounding
properties. The lease includes the Municipal Stadium Site, comprising
approximately 50 + acres, and adjacent City-owned parcels "referred to as
Satellite Tracts", totaling approximately 14+ acres, located east and south of
the Municipal Stadium Site. The lease requires DME to provide turnkey
management of the Stadium on a full-time basis at DME's cost. The initial
Lease Term is 30 years ending September 30, 2047. The Parties have the
mutual option to renew for two additional Terms of 10 years each. The Lease
requires DME to pay a Base Rent and a Percentage Rent. Base Rent will
initially be $150,000 and will be adjusted annually by the CPI. The
Percentage Rents will be based on DME's gross revenues from operating the
leased premises. These Rents will be used to fund a Capital Fund which will
be used to fund stadium repairs and in some instances capital improvements
to the Stadium facilities. The lease also requires DME to make Local
Contributions having an annual value of $50,000 to the City and the
Community to support youth sports programs, and make specifc capital
improvements having a minimum of value of $2,000,000. The Lease would
assign revenues from existing Stadium users to DME, and authorize DME to
establish and collect additional fees associated with Stadium operations
iuncluding license, ticketing and parking fees. The Lease also makes DME
responsible for providing insurance, a performance bond, and to pay for all
costs of operating and maintaining the Stadium (other than capital repairs).

The lease allows DME, subject to a separate Public Use Permit which must
be approved by the City Commission, to use the leased premises for certain
private uses (when not in confict with operation of the Stadium as a public
venue). The Public Use Permit will also address a uniform sign plan, and
DME's right to use Stadium signage for advertising. The Public Use Permit
is in process and is expected to be brought to the City Commission for
approval at the Regular City Commission Meeting on March 7, 2018.

James Morris, Deputy City Manager, to report.

Recommendation: Deputy City Manager recommends adoption of the Resolution.
Action: Motion to adopt the Resolution.

Item 8A

Legal Department - Gatlin Brothers of Daytona, LLC - Settlement of
Litigation (pp. 22-30)
Resolution approving settlement in City of Daytona Beach v. Gatlin
Brothers of Daytona, LLC, case number 2017-31129- CICI, brought by the
City of Daytona Beach to foreclosure a code enforcement lien against the
property located at 600 N. Ridgewood Avenue which totals $20,000. The
Defendant has brought the property into compliance and expended
$14,675.00 in costs to bring said property into compliance. The Defendant is
offering $10,000 as full settlement to resolve the foreclosure action.
Recommendation: City Attorney recommends adoption of 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.