Call to Order

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

Item 4

APPROVAL OF MINUTES.
4A. Approval of Minutes
Approval of the minutes of the April 6, 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.

Item 6

PRESENTATION.
6A. BEAUTIFICATION AWARDS - APRIL 2016 (pp. 9-11)
Residential Award:
William and Teresa Volkman, 2075 South Halifax Drive, Commissioner Ruth Trager,
Zone 1, to present.
Commercial:
Rising Stars Learning Center, 711 Revere Street, Mayor Derrick L. Henry to present.

Item 7

CITIZENS.
7A. 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).
8A. Risk Management Department - Section 125 Cafeteria Plan - Amendment
(pp. 13-40)
Resolution adopting changes to the City's Section 125 Cafeteria Plan in order to bring
NovusAGENDA
http://agenda.codb.us/PublicWeb/MeetingView.aspx?MeetingID=338&MinutesMeetingID=-1&doctype=Agenda[4/14/2016 10:21:53 AM]
the Plan into compliance with IRS Code and Patient Protection and Affordable Care
Act. The Plan allows eligible employees to direct portions of their pay for payment of
health insurance and dental insurance on a pre-tax basis. Pursuant to Ordinance 12-158,
changes made to the Section 125 Plan can be submitted to the City Commission and
approved by Resolution.
Recommendation: Human Resources Director recommends adoption of the
Resolution.
8B. Development and Administrative Services/Redevelopment - Downtown Daytona 2000,
Inc. – Coquina Development, LLC - Assignment of Easement (pp. 41-59)
Resolution consenting to the assignment of a nonexclusive easement with Downtown
Daytona 2000, Inc. (Sunset Harbor Marina) to Coquina Development, LLC as
successor in interest. As a part of the 2002 development of the Marina and Conference
Center Development, the City agreed to grant Downtown Daytona 2000, Inc. (Sunset
Harbor) the right to construct a dry stormwater detention and retention facility on
property adjacent to the site owned by the City. Downtown Daytona 2002, Inc., was
responsible for maintaining the stormwater facilities and making annual payments to
the City in the amount of $1,000. Coquina Development, LLC, will assume all rights
and responsibilities for the easement.
Recommendation: Redevelopment Director recommends adoption of the
Resolution.
8C. Utilities Department - St. John's River Water Management District Cost Share
Agreement - Demonstration Testing System Project (pp. 60-76)
Resolution approving a St. John's River Water Management District Cost Share
Agreement for the Demonstration Testing System Project; and amending the Utilities
Department 2015-2016 fiscal year budget to record the revenue from St. John’s River
Water Management District (SJRWMD). Tetra Tech submitted an application on
behalf of the City in December 2015 to SJRWMD for the 2015-2016 cost-share funding
program for this Project. The estimated cost of construction for the project is
$1,898,000 and the SJRWMD governing board approved $949,000 of funding for the
project at their February 2016 meeting. The District’s cost-share funding program is
designed to help fund construction cost for innovative alternative water supply
projects. The City’s Demonstration Testing System Project will purify reuse effluent
using multiple water treatment processes; therefore, achieving the District’s missions
and initiatives. The City recently received this Cost-Share Agreement for execution;
the agreement is to reimburse the City based on a 50% cost-share, not to exceed
$949,000. There are no matching funds required for this cost-share agreement.
Recommendation: Director of Utilities recommends adoption of the Resolution.
8D. Utilities Department - Land Exchange Agreement Between the City of Daytona Beach
and Shiloh Missionary Baptist Church - RFP 0216-0350 (pp. 77-94)
Resolution approving a land exchange between the city and Shiloh Missionary Baptist
Church of Daytona Beach, Inc., 540 South Martin Luther King Jr. Blvd. Daytona
Beach, FL 32114 with the following stipulations:
• The City declares the 2,720 square foot parcel of land fronting on South Dr.
Martin Luther King Jr. Boulevard adjacent to Shiloh Missionary Baptist Church surplus
property.
NovusAGENDA
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• Exchange a 2,720 square foot parcel of land owned by the city fronting South Dr.
Martin Luther King Jr. Boulevard adjacent to the Shiloh Missionary Baptist Church
with a 2,500 square foot parcel of land owned by Shiloh Missionary Baptist Church
located at the north west corner of Division Street and Cedar Street.
• The City and Shiloh Missionary Baptist Church agree that each parcel of land is
of similar value and no additional compensation will be required by either party to the
other.
• The City will pay all closing costs and other regulatory fees associated with the
land exchange agreement in an amount not to exceed $1,695.40.
Funds are available in the Water and Sewer Renewal and Replacement 8% Fund for
this request.
Recommendation: Director of Utilities recommends adoption of the Resolution.
8E. Utilities Department - Tetra Tech, Inc. - Demonstration Testing System - Westside
Regional Wastewater Treatment Plant - Work Authorization No. 36 (pp. 95-130)
Resolution approving Work Authorization No. 36 under Contract 2005-07 with Tetra
Tech Inc., 201 East Pine Street, Suite 1000, Orlando, FL 32801 for design, permitting
and bid phase services for a Demonstration Testing System at the Westside Regional
Wastewater Treatment Plant in an amount not to exceed $218,457.46. The purpose of
this request is to comply with the requirements of the Florida Department of
Environmental Protection (FDEP) Operating Permit for Westside Regional Wastewater
Plant and the St. John River Water Management District Consumptive Use Permit.
Funds are available in the Water & Sewer Improvement Fund.
Recommendation: Director of Utilities recommends adoption of the Resolution.
8F. Public Works Department - Schnebly Recreation Center - Roof Replacement - Bid
Acceptance (pp. 131-150)
Resolution accepting the lowest responsible, responsive bid with Colllis Roofing Inc.,
485 Commerce Way, Longwood, FL 32750 in the amount of $150,840. The contract
work will include but not be limited to removing all of the existing roofing, flashings
and insulation and replacing them in accordance with the contract documents to
eliminate water intrusion that is causing damage to the interior of the building. Funds
available in the General Fund.
Recommendation: Deputy Public Works Director recommends adoption of
the Resolution.

Item 9A

Development and Administrative Services, Planning Division - Land Development
Code Text Amendments - Amend Article 5 and 8 (pp. 151-169)
Ordinance on second reading - PUBLIC HEARING - 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.

Item 9B

Development and Administrative Services, Planning Division - Minto Tomoka -
Rezoning to Planned Development-General (PD-G) (pp. 170-238)
Ordinance on second reading - PUBLIC HEARING - 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 adopt the Ordinance.

Item 9C

Development and Administrative Services Department - Enterprise Zone Development
Agency Board - Elimination (pp. 239-249)
Ordinance on second reading - PUBLIC HEARING - 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 adopt the Ordinance.

Item 10

ADMINISTRATIVE ITEMS.
10A.Human Resources Department - Mayor and City Commissioners Salary Adjustment
(pp. 250-254)
Ordinance on first reading - amending sections 2-57 and 2-58, City Code, to adjust the
Mayor and City Commissioners salary by combining the weekly expense allowance in
their base pay; the Mayor shall receive an annual salary of $41,059 and each City
Commissioner shall receive an annual salary of $23,650.
James Sexton, Human Resources Director, to report.
Recommendation: Commission Action.
Action: Motion to pass Ordinance on first reading.
Note: If passed, Public Hearing, May 6, 2016.

Items 11 & 12

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