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 March 2, 2016 Homeless Options Discussion Workshop,
the March 30, 2016 Strategic Planning Workshop, and the May 18, 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 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. Business Enterprise Management Department (BEMD) - Sale of City Surplus Property -
937 Niles Street (pp. 14-25)
Resolution approving the sale of City-owned surplus property located at 937 Niles
Street, Daytona Beach to Mr. Benjamin Smith, 939 Niles Street, Daytona Beach, FL
32114, in the amount of $4,355 and authorizing the expenditure from the sale proceeds
not to exceed $700 to pay for closing costs by the City. Resolution 12-83 declared
certain City-owned parcels to be surplus and authorized the City Manager to advertise
and solicit sealed bids for said parcels; no acceptable bid was received. Mr. Smith
recently offered the City a fair market value for this non-CRA surplus property and the
City's Property Evaluation and Review Team (PERT) had no objection to the sale. No
funding is required.
Recommendation: Business Enterprise Management Director recommends
adoption of the Resolution.
8B. Cultural Services and Community Events - Pop Warner/Cheerleading Association, Inc. -
Facility Use Agreement - Amendment (pp. 26-30)
Resolution approving an Amendment to the Facility Use Agreement with Daytona
Beach Pop Warner/Cheerleading Association, Inc. Resolution No. 14-173 approved a
five-year agreement for the use of the football and multi-purpose fields at the
Derbyshire Sports Complex. The amendment adds the following activities to the scope
of use authorized: league registration for three days per year at Derbyshire Sports
Complex and Sunnyland Park building; two football camps and two cheerleading
camps to be held from June 6th until July 23 for a total of 35 days in open green space.
Any clinics will be held solely within the open green space. The Amendment reflects
fees of $6 per participant or an annual fee of $1,800. No fees will be charged for
participants of free clinics.
Recommendation: Cultural Services and Community Events Director recommends
adoption of the Resolution.
8C. Development and Administrative Services - Burgoyne Properties LTD - Parking Lot
Lease Agreement (pp. 31-42)
Resolution approving a public parking lot lease with Burgoyne Properties Limited,
1010 E. Adams Street, Jacksonville, FL 32202-190, for the parking lot located in the
block bounded by Beach Street, West International Speedway Boulevard, Palmetto
Avenue, and Bay Street for a fee of $12,000 for an initial term ending January 31,
2017. The Lease provides options to renew for five (5) additional one-year terms with
annual rents of $18,000, plus additional rents based on any increase in stormwater
assessments. The lack of a formal agreement between the City and property owner has
raised concerns about maintenance and liability by both parties. The property owner
could eliminate access to more than 250 parking spaces for public use if a formal
agreement is not approved. Funds are available in the Downtown Community
Redevelopment Trust Fund.
Recommendation: Redevelopment Director recommends adoption of the
Resolution.
8D. Public Works Department -Peabody Auditorium - Emergency HVAC Repairs
(pp. 43-
53)
Resolution authorizing the ratification of the emergency services to repair the HVAC
system provided by Certified Air, 4819 Dairy Court, Suite B, Port Orange, Florida
32127 in the amount of $38,000 at the Peabody Auditorium. Funds available in the
General Fund.
Recommendation: Deputy Public Works Director recommends adoption of the
Resolution.
8E. Development and Administrative Services - Master Plan Guidelines for Bike Week and
Biketoberfest - Amendment (pp. 54-66)
Resolution amending the Master Plan Guidelines for Bike Week and Biketoberfest
adopted by Resolution No. 13-279 to revise citations to the current Land Development
Code ("LDC"). In January 2015, the City Commission repealed the former LDC and approved a new LDC effective March 1, 2015. The current Guidelines refer to sections
of the former LDC. Amendments to the Guidelines are necessary to reflect applicable
sections of the new LDC. The requested amendments to the Master Plan Guidelines do
not change any existing guideline rules.
Recommendation: Deputy City Manager recommends adoption of the Resolution.
8F. Public Works Department - The Florida Department of Transportation (FDOT) and
Highway Maintenance Memorandum of Agreement (MOA) New Contract (pp. 67-95)
Resolution approving the Florida Department Of Transportation (FDOT) and Highway
Maintenance Memorandum of Agreement (MOA) new Contract No. ARY46, for a
three-year term maintenance reimbursement agreement. This agreement may be
renewed for a period that may not exceed one three-year term. In the last highway
MOA Contract reimbursement agreement dated June 21, 2013, the City was reimbursed
a total amount of $154,000 per year. The new contract has been increased to reimburse
the City in the amount of $267,014.28 per year to include the Speed Zone area located
on International Speedway Boulevard (ISB) and the maintenance of the FDOT rightsof-
way within the City limits. The Highway MOA is needed in order to maintain the
routine maintenance activities provided by the City on FDOT rights-of-way, including
mowing, edging, chemical weed control, roadside litter collection, road-way sweeping,
and tree trimming along selected FDOT roadways within the City limits.
Recommendation: Deputy Public Works Director recommends adoption of the
Resolution.
8G. Public Works Department - Nova Road Median Landscaping - FDOT Joint Participation
Agreement (pp. 96-126)
Resolution accepting the Florida Department Of Transportation (FDOT) Joint
Participation Agreement (JPA) No. 437855-1-58-01 that will provide a $525,000 grant
for the median landscaping project on Nova Road between Beville Road and Mason
Avenue. Acceptance of this JPA is needed to implement the grant which will beautify
the medians with landscaping that meets the Department’s “Bold Landscape”
Initiative. The grant will be a reimbursement to the City based on the JPA, and will
cover the cost of the plant material and its installation. The City will be responsible for
the irrigation materials and installation which estimated to be approximately
$95,000. Bold landscaping is an FDOT initiative to adapt to current landscape market
conditions, and to instantly create roadside landscapes that can help attract and grow
business in Florida with more emphasis on trees and less on shrubs to instantly increase
“curb appeal”.
Recommendation: Deputy Public Works Director recommends adoption of the
Resolution.
8H. Public Works Department - Lassiter Transportation Group - Transition Plan - Work
Authorization No. 3 (pp. 127-142)
Resolution approving Work Authorization No. 3 under Continuing Services Contract
0514-1640-LT approved by Resolution 14-317 with Lassiter Transportation Group
(LTG), Inc., 1450 West Granada Boulevard, Suite 2, Ormond Beach, FL 32174, for the
Phase I City roadway intersections Americans with Disabilities Act (ADA) sidewalk compliance assessment in the amount of $213,615. The assessment will determine
compliance with the ADA transition plan which is a requirement by the Florida
Department of Transportation (FDOT) for grant funding purposes and will allow the
City to continue to apply for grants through the State of Florida FDOT and through the
National Cooperative Highway Research Program (NCHRO). These grants include
funding for streets landscaping, new and updating sidewalks, street resurfacing and any
other projects associated with transportation. Funds are available in the Capital Projects
Funds.
Recommendation: Deputy Public Works Directors recommends adoption of the
Resolution.
8I. Public Works Department - Swimming Pool Service Contract - Bid Acceptance
(pp. 143-165)
Resolution accepting the low, responsive and responsible bid from Keith Payne Pools,
Inc., 1426 Carol Lee Street, Daytona Beach, FL 32117 in an amount not to exceed
$29,000 to provide annual swimming pool & pool equipment service, including all
chemicals for the Oceanfront Breakers Park Splash Pad and the Oceanfront Clock
Tower Fountain. Funds are available in the Pier Fund.
Recommendation: Deputy Public Works Director recommends adoption of
the Resolution.
8J. Utilities Department - Three-Party Lift Station Agreement Acceptance (pp. 166-175)
Resolution approving a Three-Party Lift Station Agreement between the City, the
property owner of the Golden Triangle Plat, and the tenant of lot 1 of the Golden
Triangle Plat, located at 2900 Bellevue Avenue, Daytona Beach, FL 32124. The
purpose of this request is to clarify maintenance responsibility of private HVAC
equipment located within a City utility easement.
Lift Station 92 is located at the southeast corner of Tomoka Farms Road and US 92,
within an easement on the Golden Triangle property. During the remodel of Top Gun a
portion of HVAC ductwork was installed directly over Lift Station 92. The City, owner
and tenant have resolved the issues of access and maintenance of the Lift Station in the
terms of the agreement. The owner and tenant have agreed to the following terms:
• Install and maintain a 4 inch extension hose to connect the lift station to City
maintenance equipment. If maintenance activity requires the ductwork be removed; the
tenant will temporarily remove the portion of ductwork located directly over the lift
station.
• Refrain from supplying paper towel products for restroom use within the tenant’s
premises to reduce maintenance issues with the lift station pumps.
• Keep and maintain the ductwork in good condition so it does not damage the lift
station or interfere with access or maintenance.
• Indemnify and hold the City harmless from sewage leak and/or ductwork damage
claims.
There is no City Funding associated with this request.
Recommendation: Director of Utilities recommends adoption of the Resolution.

Item 9A

Legal Department - City Code Amendment, Chapter 62, Article II - Offenses Against
Public Safety (pp. 176-178)
Ordinance on second reading - PUBLIC HEARING - 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 adopt the Ordinance.

Item 9B

Legal Department - City Code Amendment - Section 10-3 - Hours of Sale and
Consumption (pp. 179-186)
Ordinance on second reading - PUBLIC HEARING - 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 adopt the Ordinance.

Item 10A

Development and Administrative Services, Planning Division - Mason Avenue/Nova
Road - Kentucky Fried Chicken - Rezoning, Planned Development- General
(pp. 187-229)
Ordinance on first reading approving a request to rezone 1.5± acres of land located at
948 Mason Avenue from Business Automotive (BA) and Business Shopping Center
(BR-2) to Planned Development-General (PD-G) to allow for the construction of a
4,260± sq. ft. building with associated site improvements, and authorizing the Mayor to
execute the Planned District Agreement. Applicant: Michael O. Sznapstajler, Cobb
Cole, on behalf of Nova Road, 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, June 15, 2016.

Item 10B

Development and Administrative Services, Planning Division - Daytona Promenade -
Twistee Treat - First Amendment to the Planned District Agreement (pp. 230-256)
Ordinance on first reading amending the Daytona Promenade Planned District
Agreement to allow the construction of a Twistee Treat ice cream store and associated
site improvements on Lot 5 located at the northeast corner of Beville and Nova Roads,
and authorizing the Mayor to execute the First Amendment to the Planned District
Agreement. Applicant: Randy Hodge, Twistee Treat USA, LLC on behalf of Daytona
Promenade Partners, LLC, et al.
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, June 15, 2016.

Item 10C

Human Resources - IAFF LOCAL 1162 Collective Bargaining Agreement 10/01/2015 -
09/30/2017 (pp. 257-397)
Resolution authorizing a Collective Bargaining Agreement between the City and IAFF,
Local 1162, for the period covering October 1, 2015 through September 30, 2017; to
provide a wage increase; Amending Articles 14 - Promotions, 15 - Transfers, 24 -
Personal Leave, 27 - Paramedic Pay, 28 - Pension, 31 - Wages, 31(a) - Wages Specialty
Assignments and 38 - Duration. Funds available in the General Fund.
James Sexton, Human Resources Director, to report.
Recommendation: Human Resources Director recommends adoption of the
Resolution.
Action: Motion to adopt the Resolution.

Item 10D

City Manager's Office - Board of Adjustment - Board Appointment (pp. 398-408)
Resolution appointing one member to the Board of Adjustment. Mr. Janowski has
resigned with a membership term expiring on 12/31/16. The board shall consist of
seven members and one alternate appointed by the City Commission. board members
shall include one regular member nominated by each City Commissioner from among
residents of their zone, plus one regular member and one alternate member that are
nominated by the Mayor and may be a resident of any City Commission zone. All
board members must be residents of the City and qualified electors. Board members
shall be appointed for three-year staggered terms and may be reappointed 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 applicant: Gary Libby.
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.