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 May 4, 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 6A

Presentation - Goodwill Daytona Job Connection Center (pp. 11-12)
Presentation on the Goodwill Daytona Job Connection Center.
Bonnie Trammell, Manager, to present.

Item 6B

Presentation - Halifax Hospital - Zika Virus (pp. 13)
Presentation from Halifax Hospital on their preparedness for the Zika Virus.

Item 6C

BEAUTIFICATION AWARDS-MAY 2016 (pp. 14-16)
Residential Award:
Jeff & Sheila Smith, 1128 North Halifax Avenue, Commissioner Pam Woods, Zone 2,
to present.
Commercial Award:
Dancing Avocado Kitchen, 110 South Beach 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

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. Utilities Department - Utility Easement Acceptance and Florida Power & Light Consent
Agreement Approval (pp. 18-31)
Resolution accepting an easement for ingress, egress and utilities from the County of
Volusia and approving a Florida Power & Light Consent Agreement for the
construction of the Rapid Infiltration Basin Project proposed to be located on the City’s
284-acre parcel located adjacent to Shuntz Road.
The utility easement acceptance and the FPL Consent Agreement will allow the City to
construct a reuse water main beginning at the end of the existing reuse transmission
main located on the southwest corner of the County’s Landfill south to the proposed
Rapid Infiltration Basin site. The utility easement is 20 feet wide and 6,127 feet long,
located inside of a FPL easement and Volusia County is the underlying property
owner. There is no City funding associated with this request.
Recommendation: Director of Utilities recommends adoption of the Resolution.

8B. Public Works Department - Orange Avenue Stormwater Remediation and Infrastructure
Improvements – Easement Purchase Approval (pp. 32-41)
Resolution authorizing payment on behalf of Florida Power & Light Company to Rosen
Materials LLC, 1371 Sawgrass Corporation Parkway, Sunrise, FL 33323, owner of
parcel number 39-15-33-29-00-0170 in the amount of $1,700 for the conveyance of one
utility easement located at 410 Orange Avenue. This will allow for the placement of
electrical equipment on privately owned land that is essential for the undergrounding of
utilities component of the Orange Avenue Roadway Reconstruction Project. The
undergrounding of power is one of the main enhancements of the overall project, if the
easement is not acquired, FP&L will not activate the underground power system or
remove the existing power pole lines. This is the last easement to be dedicated to FP&L
for this project, the easement will house multiple transformers and switch gears
necessary for the power conversion. Funding is available in the State Revolving Loan
and Water & Sewer Construction Fund.
Recommendation: Deputy City Manager/Administration recommends adoption of
the Resolution.

8C. Utilities Department - Florida Department of Environmental Protection (FDEP) State
Financial Assistance Agreement - Halifax River Subaqueous Sewer Force Main
Project - Amendment No. 2 (pp. 42-102)
Resolution approving Amendment No. 2 to the Florida Department of Environmental
Protection State Financial Assistance Agreement (DEP Agreement No. LP64094) for
the Halifax River Subaqueous Sewer Force Main Project with the following
stipulations:
· Approve Amendment No. 2 to DEP Agreement No. LP64094 for an additional
$1,000,000 bringing the total grant award to $1,750,000 and authorization for the City
Manager to sign the agreement.
· Amend the Utilities Department 2015-2016 fiscal year budget to record the
additional revenue from Florida Department of Environmental Protection.
· Approve Work Authorization 18 under Planning Solutions Corporation’s
professional services contract (approved by Resolution No. 15-205 on August 19, 2015)
for $50,000.
This amendment is needed to accept additional FDEP grant money to assist with
construction funding of the Halifax River Subaqueous Sewer Force Main Project and
compensate Planning Solutions Corporation for submitting and obtaining the grant.
There are no matching funds required for this cost-share agreement. Funds available in
the Water and Sewer Fund.
Recommendation: Director of Utilities recommends adoption of the Resolution.

8D. Utilities Department - Florida East Coast Railway - Right of Way Utility Crossing -
Emergency Repairs (pp. 103-119)
Resolution authorizing payment to Florida East Coast Railway (FECR) for emergency
repairs in the amount of $39,749.50. Ordinance 97-283 authorized a license agreement
with the FECR company to provide the City the right and privilege to construct, install
and maintain utilities and fiber optic cable crossings at 39 railroad crossing locations
city-wide. On November 30, 2015, the 6 feet water main crossing under the railroad
tracks on Loomis Avenue failed, City crews repaired the water main and FECR
conducted emergency repairs to the railroad tracks. Funds available in the Renewal &
Replacement 8% Fund.
Recommendation: Director of Utilities recommends adoption of the Resolution.

8E. Finance Department - SHI International - Microsoft Office 365 Features and Benefits -
Purchase (pp. 120-126)
Resolution approving the purchase of Microsoft Office 365 features and benefits
through Microsoft distributor SHI International, 290 Davidson Ave., Somerset, NJ
08873, in the amount of $33,132.60, for the duration of the City’s current Microsoft
Office Enterprise Agreement (MS EA) which terminates December 31, 2016. This will
be added to the City’s existing MS EA pursuant to Florida State Contract No.
43230000-15-02. Benefits and Features of Office 365 include: 50 GB Exchange email
storage per user, email archiving, SharePoint Online, Office Online, 1 TB per user of
OneDrive cloud storage. Funds are available in the Information Technology Fund.
Recommendation: Chief Financial Officer recommends adoption of the
Resolution.

8F. Finance Department - Allocation of Bike Week Sponsorship Funds (pp. 127-128)
Resolution authorizing payment from the General Fund in the amount of:
$500 to the Juneteenth Festival Committee, Inc., for the Juneteenth 2016
celebration from the Bike Week Sponsorship Funds of Commissioner Robert Gilliland.
$500 to Public Works/Grounds Maintenance for plants along International Speedway
Boulevard from the Bike Week Sponsorship Funds of Commissioner Kelly White.
$144 to Utilities Department for bottled water for renaming of the Media Center at
Campbell Middle School from the Bike Week Sponsorship Funds of Commissioner
Paula Reed.
Recommendation: Chief Financial Officer recommends adoption of
the Resolution.

Item 9A

PUBLIC HEARINGS.
9A. Development and Administrative Services, Planning Division - Land Development
Code Text Amendment - Amend Article 5 (Use Standards), Section 5.2.A (Principal
Use Table) (pp. 129-137)
Ordinance on second reading - PUBLIC HEARING - amending the Land
Development Code, Article 5 (Use Standards), Section 5.2.A (Principal Use Table), to
allow Other Indoor Recreation/Entertainment as a permitted principal use in the
Industrial Park (M-4) zoning district. Applicant: Frank T. Severino, Severino
Enterprises, Inc.
Richard Walton, Planning Director, to report.
Recommendation: Planning Board recommends approval 7-to-0.
Action: Motion to adopt the Ordinance.

Item 9B

Development and Administrative Services, Planning Division - Daytona Mixed Use -
Amendment to the First Amended & Restated Planned District Agreement
(pp. (138-181)
Ordinance on second reading - PUBLIC HEARING - amending the Daytona Mixed
Use Planned District Agreement to add 3± acres of land for a total of 191.9± acres,
located on the north side of West ISB, west of Bill France Blvd., east of West Rd., and
on either side of portions of Dunn Avenue to the north, add Indoor
Recreation/Entertainment to the list of permitted uses, modify height of lighting fixtures
in parking areas, modify signage plan, modify infrastructure and associated
improvements, and authorizing the Mayor to execute the Amendment to the First
Amended Planned District Agreement. Applicant: Robert A. Merrell III, Esq., Cobb
Cole, on behalf of 220 BFB, LLC.
Richard Walton, Planning Director, to report.
Recommendation: Planning Board recommends approval 7-to-0.
Action: Motion to adopt the Ordinance.

Item 10A

ADMINISTRATIVE ITEMS.
10A.Legal Department - City Code Amendment, Chapter 62, Article II - Offenses Against
Public Safety (pp. 182-184)
Ordinance on first reading - Ordinance adding section 62-34 to Chapter 62, Article
II, to make possession of 20 grams or less of cannabis and possession of paraphernalia
as defined by State law, a City Code violation. City Code currently makes unlawful the
commitment of any act within City limits which is recognized by state statutes as a
second degree misdemeanor. The possession of marijuana under 20 grams is a first
degree misdemeanor under state law. The new Section 62-34, City Code, would allow
officer discretion for the issuance of a City Code citation for possession of 20 grams or
less of cannabis or possession of paraphernalia, in lieu of criminal arrest under State
law.
Robert Jagger, City Attorney, to report.
Recommendation: Commission Action.
Action: Motion to pass Ordinance on first reading.
Note: If passed, Public Hearing, June 1, 2016.

Item 10B

Legal Department - City Code Amendment - Section 10-3 - Hours of Sale and
Consumption (pp. 185-187)
Ordinance on first reading - Ordinance adopting a new section 10-3 to revise extended
hours permit requirements and procedures for establishments offering the sale or
consumption of alcoholic beverages between midnight and 3:00 a.m. The new section
10-3 requires that security cameras and personnel be provided at such establishments,
and revises and amends grounds for permit suspension or imposition of permit
conditions by the City Commission or Special Magistrate after hearing, based on
excessive illegal parking, excessive law enforcement calls for service, and adverse
impacts on neighboring properties associated with the establishment. The new section
10-3 also includes new provisions for revocation, suspension, or restriction of extended
hours permits by the Chief of Police in certain emergency situations.
Robert Jagger, City Attorney, to report.
Recommendation: Commission Action.
Action: Motion to pass the Ordinance on first reading.
Note: If passed, Public Hearing, June 1, 2018.

Item 10C

City Manager's Office - City Attorney Appointment and Employment Agreement -
Approval (pp. 188-191)
Resolution appointing Robert F. Jagger as City Attorney and authorizing the Mayor and
City Clerk to execute an Employment Agreement.
Recommendation: Commission Action.
Action: Motion to adopt the Resolution.

Item 10D

City Manager's Office - Housing Authority Commission - Appointment (pp. 192-200)
Resolution appointing one (1) member to the Housing Authority Commission. The
membership term of Steve Koenig has expired. The board shall consist of five (5)
members serving four (4) year terms. Section 421.05, Florida Statute. Members are
appointed by the Mayor and approved by the City Commission. There are two
applications for this position: Dr. Irma Browne-Jamison and Dr. Willie Kimmons.
Betty Goodman, Assistant City Manager, to report.
Recommendation: Commission Action.
Action: Motion to adopt the Resolution.

Item 10E

City Manager's Office - Beautification/Tree Advisory Board - Appointments
(pp. 201-212)
Resolution appointing three (3) members to the Beautification Tree Advisory Board.
The membership terms of Martha Grimshaw (AL), John Wagner (Zone 1) and James
Newman (Zone 3) have expired. All three individuals would like to continue to serve.
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 years, staggered terms, and may be appointed to successive
terms. Members shall continue to serve until their successors are appointed. There are
no additional applications.
Betty Goodman, Assistant City Manager, to report.
Recommendation: Commission action.
Action: Motion to adopt the Resolution.

Items 11 & 12

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

12. ADJOURNMENT.