Items 1 - 3

1. ROLL CALL.

2. INVOCATION.

3. PLEDGE OF ALLEGIANCE TO THE FLAG.

Item 4A

Approval of Minutes
Approval of the minutes of the March 16, 2016, Regular City Commission Meeting held
at City Hall, 301 South Ridgewood Avenue, Daytona Beach, Florida.

Item 5

AGENDA APPROVAL.

THOSE MATTERS INCLUDED UNDER THE CONSENT AGENDA ARE SELFEXPLANATORY
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.

Public Comment

CITIZENS.

6A.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 or any other matter that is not on the Agenda.

Consent Agenda

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).
7A.Utilities Department - Hazen Construction, LLC - Bowman Avenue Stormwater Pump
Station - Final Reconciliation Agreement - Contract 0315-1830 (pp. 14-21)
Resolution approving the final adjusted contract price of $220,839.00 with Hazen
Construction, LLC, 1599 Tionia Road, New Smyrna Beach, FL 32168, for the Bowman
Avenue Stormwater Pump Station; and approving the Final Reconciliation Agreement in
the amount of $11,041.50 which includes full compensation for the balance of the
contract and retainage. There is no additional funding associated with this request.
Recommendation: Utilities Director recommends adoption of the Resolution.
7B.Human Resources Department - International City/County Management Association
Retirement Corporation (ICMA-RC) - Amendment Agreement (pp. 22-46)
Resolution authorizing the City to execute the ICMA Retirement Corporation
Governmental Money Purchase Plan & Trust Adoption Agreement for the two active
ICMA-RC employee retirement plans. ICMA-RC has advised the City that due to
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changes in the "ICMA Retirement Corporation Governmental Money Purchase Plan &
Trust Adoption Agreement" that the City last executed in 2015, the City is required to
execute an updated adoption agreement for each plan. Failure to sign an
updated agreement could jeopardize the plans and result in potential penalties levied
onto the City by the IRS. There are no changes to the plan at this time and no addition
financial obligations intended by executing the updated adoption agreement. Ordinance
13-236 grants authority for all future amendments to the retirement plans to be approved
by Resolution. It is therefore requested that the City execute an updated adoption
agreement to prevent harm to the plan or potential penalties from the IRS.
Recommendation: Human Resources Director recommends adoption
of the Resolution.
7C.Business Enterprise Management Department - ACREWS, Inc. Commercial Lease
Agreement at Halifax Harbor Plaza (pp. 47-76)
Resolution approving a commercial lease agreement with ACREWS, Inc., 3960 SW
146th Avenue, Miramar, FL 33072, to lease approximately 478 square feet of
commercial space at Halifax Harbor Plaza, for a five-year term with two (2) five-year
renewal options. ACREWS, Inc. is leasing Suite 120 as additional office space for their
Dockside Daytona Restaurant and will be responsible for all costs, charges and
maintenance for their leased space.
Recommendation: Business Enterprise Management Director recommends
adoption of the Resolution.
7D.Budget Division - Second Quarter Budget Amendment (pp. 77-82)
Resolution amending Resolution No. 15-233, which adopted the FY 2015/16 budget, in
order to increase revenues by $ 27,642; increase operating expenditures by $ 47,550, and
decrease capital expenditures and transfers by $ 643.
Recommendation: Budget Officer recommends adoption of the Resolution.
7E. Legal Department - Management Policy/Procedure #71 - Resolution No. 16-95
Amendment (pp. 83-85)
Resolution amending Resolution No. 16-95 to correct the attached Management
Policy/Procedure #71, Public Parks & Facilities, Activities & Operational Guidelines.
The proposed revision is to change the staff review period for approval or denial of Park
Use Permits from the end of the next business day, to the end of the third business day
after submittal of the application.
Recommendation - Acting City Attorney recommends adoption of the Resolution.
7F. Public Works Department - Massey Services, Inc. - Citywide Pest Control Services
- Contract Approval (pp. 86-114)
Resolution accepting the lowest responsive bid from Massey Services, Inc., 2444 S.
Nova Road, South Daytona, FL 32119, for monthly insect and rodent control for 45
locations city-wide, in the amount of $6,408 per year for five years for a total amount
of $32,040. Funds available in various accounts.
Recommendation: Deputy Public Works Director recommends adoption of the
Resolution.
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7G.Public Works Department - Beville Road Trail – Williamson Boulevard to Clyde Morris
Boulevard - Continuing Services Work Authorization No. 3 (pp. 115-122)
Resolution approving Continuing Services Work Authorization No. 3 (Contract No.
2006-21, Res No. R08-197) for Southeastern Surveying and Mapping Corp, 6500 All
American Blvd, Orlando, FL 32810, to provide a Topographic Survey for the Beville Rd
Trail Project (Williamson Blvd to Clyde Morris Blvd), for a total cost of $28,908.47.
This survey is needed in order to provide pertinent information for the design of the
Beville Road Trail. Funds available in the Road Impact Fees Fund.
Recommendation: Deputy Public Works Director recommends adoption of the
Resolution.
7H.Allocation of Bike Week Funds (pp. 123-124)
Resolution authorizing payment from the General Fund in the amount of:
$150 to the National Council of Negro Women, Inc. for the 11th Annual Black History
Brain Bowl Competition, $200 to Daytona Falcons for general donation for the 2016
football and cheer season, and $200 to Beachside Neighborhood Watch & South Atlantic
Neighborhood Association for a joint neighborhood clean-up on Saturday, April
9th from the Bike Week Sponsorship Funds of Mayor Derrick Henry.
$200 to Cultural Services for the 2016 Daytona Beach Mayor's Fitness Challenge from
the Bike Week Sponsorship Funds of Commissioner Paula Reed.
Recommendation: Chief Financial Officer recommends adoption of the Resolution.

Item 8A

Utilities Department - Florida Department of Environmental Protection - Clean
Water State Revolving Loan - 2016 Facilities Plan Adoption (pp. 125-202)
Resolution - PUBLIC HEARING - adopting the 2016 Facilities Plan for the following
priority City projects:
1. Westside Regional Wastewater Treatment Plant Upgrades (including the Tertiary
Filter Replacement Project, the RAS/WAS Improvements and the Bardenpho
Stages 3 and 5 Upgrades)
2. Rapid Infiltration Basin Project
3. Halifax River Subaqueous Sewer Forcemain Crossing Project
4. Palmetto Avenue Forcemain Project
A Facilities Plan is required by the State of Florida as part of the State Revolving Loan
(SRF) low interest rate loan programs. The planning document requirements are set
forth in Chapter 62-503.700(2) F.A.C. The Facilities Plans are reviewed by the State
Clearinghouse and must include the following items: Executive Summary, Cost
Comparison, Environmental Effects/Benefits, Selected Alternative, Public Participation
Process, Financial Feasibility, Schedule and Adopting Resolution. Funding for
repayment of loans will be from net water and wastewater utility system revenues after
payment of operating and maintenance expenses and existing debt service. The adoption
of these plans is a requirement for eligibility to receive construction funding through the
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Florida Department of Environmental Protection (FDEP) Clean Water SRF (CWSRF)
low interest rate loan programs. This item is a companion to the Water and Sewer
Utility - Series 2016 Clean Water State Revolving Fund Loan item.
Vince Akhimie, Utilities Director, to report.
Recommendation: Utilities Director recommends

Item 8B

Finance Department - Water and Sewer Utility - Series 2016 Clean Water State
Revolving Fund Loan (pp. 203-207)
Ordinance on second reading - PUBLIC HEARING - approving a loan
application and loan agreement under the Florida Department of Environmental
Protection (FDEP) Clean Water State Revolving Fund (CW SRF) program and
authorizing the issuance of debt secured by Water and Sewer Utility Revenues in an
amount not to exceed $50,000,000. The proceeds will be used to finance the Regional
Treatment Plant Improvement project including deep bed filters, RAS/WAS pump
station and Bardenpho stage 5 and 3 upgrade, Rapid Infiltration Basin (RIB) project,
Halifax River Force Main project, and Palmetto Avenue Force Main Diversion project.
While this request is for an amount not to exceed $50,000,000, the City has already
secured four grants totaling $5,307,827 with various other grant applications in progress,
and expects the loan amount to be approximately $35,200,000. The source of funds for
the repayment of the loans will come from the net water and wastewater utility system
revenues after payment of operating and maintenance expenses and debt service; debt
service repayment is expected to start in FY2019-2020. In order to comply with the
FDEP's CW SRF loan program requirements, City Commission is required to: authorize
the loan application and the loan agreement, and designate a representative to execute
both documents. Pursuant to Section 46-92 of the City's Code of Ordinances, the State
Revolving Fund loan requires authorization by Ordinance.
Patricia Bliss, Chief Financial Officer, to report.
Recommendation: Chief Financial Officer recommends adoption of the Ordinance.
Action: Motion to adopt the Ordinance

Item 8C

Finance Department - Water and Sewer Utility - Bank Loan Series 2016 (pp. 208-211)
Ordinance on second reading - PUBLIC HEARING - approving the issuance of debt
secured by Water and Sewer Utility Revenues in an amount not to exceed $6,550,000.
The proceeds will be used to finance the acquisition of new equipment for the City's
water and wastewater plants, to include emergency generators and plant process
equipment. Pursuant to Section 46-92 of the City's Code of Ordinances, the bank loan
requires authorization by Ordinance. A separate agenda item "Series 2016 Water and
Sewer - Bank Loan Agreement", recommends a resolution adopting supplemental details
of the bank loan and other covenants and provisions.
Patricia Bliss, Chief Financial Officer, to report.
Recommendation: Chief Financial Officer recommends adoption of the Ordinance.
Action: Motion to adopt the Ordinance.

Item 8D

Development and Administrative Services, Planning Division - Daytona Beach
Housing Authority - Voluntary Annexation (pp. 212-234)

Ordinance on second reading - PUBLIC HEARING - approving a voluntary
annexation for 1.98+ acres of land located between 8th and 9th Street and east of
Derbyshire Road, presently located in the County, but contiguous to the City. The
applicant is seeking to annex this site that consists of 27 improved multi-family units to
be utilized by the Daytona Beach Housing Authority. Applicant: Jeffrey C. Sweet,
Esquire on behalf Daytona Beach Housing Authority.
Richard Walton, Planning Director, to report.
Recommendation: Deputy City Manager/Administrative Services recommends
adopting the Ordinance.
Action: Motion to adopt the Ordinance.

Item 9A

Development and Administrative Services, Planning Division - Land Development Code
Text Amendments - Amend Article 5 and 8 (pp. 235-253)
Ordinance on first reading - amending the Land Development Code, Article 5.2.B.18.b
to add criteria for restaurants or specialty eating or drinking establishments serving
alcohol and Article 8.2.D.1 to prohibit the reestablishment of a nonconforming use after
three months of discontinuance of the use. Applicant: Development and Administrative
Services Department, Planning Division.
Richard Walton, Planning Director, to report.
Recommendation: Planning Board recommends approval 7-to-0.
Action: Motion to pass Ordinance on first reading.
Note: If passed, Public Hearing, April 20, 2016.

Item 9B

Development and Administrative Services, Planning Division - Minto Tomoka -
Rezoning to Planned Development-General (PD-G) (pp. 254-260)
Ordinance on first reading - approving a request to rezone 1585.9± acres from Volusia
County Rural Agriculture (A-2) to Planned Development-General (PD-G), located west
of Interstate 95 and north of LPGA Boulevard, to allow for up to 3,400 residential units
and up to 215,000 square feet of commercial uses, and authorizing the Mayor to execute
the Planned District Agreement. Applicant: Robert A. Merrell III, Esq., Cobb Cole, on
behalf of Consolidated-Tomoka Land Company.
Richard Walton, Planning Director, to report.
Recommendation: Planning Board recommends approval 4-to-1.
Action: Motion to pass Ordinance on first reading.
Note: If passed, Public Hearing, April 20, 2016

Item 9E

Development and Administrative Services Department - Enterprise Zone Development
Agency Board - Elimination (pp. 358-368)
Ordinance on first reading - authorizing elimination of the Enterprise Zone
Development Agency Board. This Board is no longer required since the Florida
legislature allowed its Enterprise Zone Program to end on December 31, 2015. The
Enterprise Zone Program was initially established in 1982 to attract businesses and jobs
to distressed areas of the state. However, in April of 2015, lawmakers indicated they
would permit this Program to vanish per state law at the end of 2015. All of the listed
Board members' terms have expired.
Gary Shimun, Deputy City Manager and Development Services Director, to report.
Recommendation: Economic/Community Development Director recommends
passing the Ordinance.
Action: Motion to pass Ordinance on first reading.
Note: If passed, Public hearing, April 20, 2016

Item 9F

Development and Administrative Services, Planning Division - Daytona Beach Housing
Authority -Annexation Agreement (pp. 369-383)
Resolution approving an Annexation Agreement with Daytona Beach Housing
Authority relating to approximately 1.98± acres of land located between 8th and 9th
Street and east of Derbyshire Road, presently located in the County. The Agreement
would require that the Housing Authority annually pay the City PILOT (payment in lieu
of taxes) payments. The ordinance approving the proposed annexation is also scheduled
to be heard at the 4/6/16 Commission meeting. Applicant: Jeffrey C. Sweet, Esquire on
behalf Daytona Beach Housing Authority.
Richard Walton, Planning Director, to report.
Recommendation: Deputy City Manger/Administrative Services
recommends adoption of Resolution.
Action: Motion to adopt the Resolution.

Item 9G

Finance Department - Series 2016 Water and Sewer - Bank Loan Agreement
(pp. 384-391)
Resolution authorizing the loan agreement with Ameris Bank, 181 Cypress Point
Parkway, Palm Coast, Florida 32164 in an amount not to exceed $6,550,000 in order to
issue the Series 2016 Water and Sewer Utility bank loan to finance the acquisition of
new equipment for the City’s water and wastewater plants to include emergency
generators and plant process equipment. This is a companion item to the ordinance
scheduled for second and final reading on April 6, 2016.
The financing proposal from Ameris Bank has a fixed interest rate of 2.44 percent per
annum, a term of 15 years with semiannual payments and $5,000 in lender closing fees.
The debt can be prepaid with no restrictions or penalties. The loan amount can be drawn
down over the initial 18 months of the loan period with an initial draw of $250,000 upon
closing; the loan will be scheduled to close on April 8, 2016. Based on staff’s estimated
draw schedule, this loan would have a calculated effective interest rate of 2.2030 percent
per annum.
The debt service payments are payable solely from the net revenues after payment of
operating and maintenance expenses and senior debt service of the City’s Water and
Sewer utility system revenues. This bank loan is junior and subordinate to the Series
2012 Bonds and will be on a parity and equal status with the water and sewer portion of
the Series 2009 bank loan and three State Revolving Fund (SRF) loans. At the
conclusion of the draw period, a debt service schedule based on the actual draw dates
and amounts will be created. Based on staff’s draw assumptions, the City’s utility
system will generate sufficient revenues to pay the debt service without an additional
rate increase above the annual price index adjustments.
Patricia Bliss, Chief Financial Officer, to report.
Recommendation: Chief Financial Officer recommends adoption of the
Resolution.
Action: Motion to adopt the Resolution.

Items 10 & 11

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

11. ADJOURNMENT.