Items 1 - 3

1. ROLL CALL.

2. INVOCATION.

3. PLEDGE OF ALLEGIANCE TO THE FLAG.

Item 4

Approval of Minutes

Approval of the Minutes of the August 15, 2018 Shade Meeting , the August
29, 2018 Special Meeting Declaring the Results of the Primary Municipal
Election, the August 29, 2018 Strategic Planning Workshop; and the
November 07, 2018 Business Meeting of the City Commission 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 6A

Development and Administrative Services, Planning Division - Halifax
Historical Society - Historic Preservation Award (pp. 13-19)

The Historic Preservation Board is presenting their annual Historic
Preservation Award to the Halifax Historical Society. This award is for their
selfess commitment in preserving our local history every day. Douglas
Gutierrez, Staff Liaison to Historic Preservation Board, to present.

Item 6B

Development and Administrative Services, Planning Division - South
Ridgewood Elementary - Historic Preservation Award (pp. 20-26)

The Historic Preservation Board is presenting their annual Historic
Preservation Award to Paul and Susie Holmes for the former South
Ridgewood Elementary School located at 747 South Ridgewood Avenue.
This award is for signifcant contributions to the preservation of local historic
resources. Douglas Gutierrez, Staff Liaison to Historic Preservation Board,
to present.

Item 7

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.A. Budget Division - Final FY 2017/18 Budget Amendment (pp. 28-36)
Resolution amending Resolution No. 17-379 (as previously amended),
which adopted the FY 2017/18 budget, in order to increase revenues by
$5,050,733, operating expenditures by $479,649, and transfers by
$4,571,084. This budget amendment recognizes a $100,000 donation for land
acquisition, increases the budgeted interest expenditures in the 2010 Capital
Improvement Revenue Note Fund by $54, reverses a budgeted transfer from
the General Fund to the Halifax Harbor Fund, partially repays advances to
the Halifax Harbor and Halifax Harbor Plaza Fund from the Water and Sewer
and Stormwater Funds, and addresses certain negative fund balances by
transferring funds from the Water and Sewer and the Stormwater Funds.
Recommendation: Budget Offcer recommends adoption of the Resolution.

8.B. Legal Department - Roy Longfellow - Settlement of Claim (pp. 37-40)
Resolution authorizing payment in the amount of $110,000 to Roy
Longfellow and his attorney, Lina Lopez, Esq., for release of all claims and
full settlement arising from an injury allegedly sustained on July 11, 2017,
while decending a broken staircase leading from the Boardwalk to the beach.
Funds available in the Consolidated Insurance Funds.
Recommendation: City Attorney recommends adoption of the Resolution.

8.D. Business Enterprise Management Department - United States Tennis
Association (USTA) - Sixth Annual Daytona Beach Professional Women's
Tennis Tournament - Contract (pp. 52-70)
Resolution approving a contract between the United States Tennis
Association (USTA) and the City of Daytona Beach to host the Sixth Annual
Daytona Beach Professional Women’s Tennis Championship Tournament on
January 14 - 20, 2019 held at the Florida Tennis Center and authorizing the
expenditure up to $32,100 to sponsor the event. This event showcases
professional women's tennis, the City, and our facility. Funds available in
the Florida Tennis Center Fund.
Recommendation: Business Enterprise Management Department Manager
recommends adoption of the Resolution.

8.E. Engineering/Public Works Department - Samsula Waste Inc, DBA Samsula
Marine Division - Colin Park Pier Repair – Lowest Responsive Bid Contract
Award (pp. 71-210)
Resolution authorizing the acceptance of a Construction Contract with the
lowest responsive bidder, Samsula Waste Inc, DBA Samsula Marine
Division, 2455 Tomoka Farms Road, Port Orange, FL 32128 in the amount
of $41,580 for damages sustained to the pier at Colin Park on the boardwalk
and lighting system during Hurricane Irma. The damage was generally
isolated to the mooring dock section of the overall pier system. Since this
damaged occurred during Hurricane Irma the project is potentially eligible
for 75% ($31,185) cost share from Federal Emergency Management Agency
(FEMA) and an additional 12.5% ($5,197.50) cost share from the State of
Florida.
Funds available in the FEMA – Storm Events Fund in the amount of
$36,382.50 and in the General Fund in the amount of $5,197.50.
Recommendation: Deputy Public Works Director is recommends adoption
of the Resolution.

8.F. Public Works/Engineering - DRMP, Inc. - Halifax Harbor Marina Sea Wall
Design - Work Authorization No. 2 (pp. 211-235)
Resolution approving Work Authorization No. 2 under Continuing Services
Contract 0517-0470-DRMP with DRMP, Inc. (DRMP) 941 Lake Baldwin
Lane, Orlando, FL 32814, in an amount not to exceed $79,174 for the
surveying, geotechnical services, permitting and design of the replacement
sea wall surrounding the Halifax Harbor Marina Business Center and
Maintenance Building located at the end of Basin Street.
During recent heavy
rainfall events, there have been multiple breaches in the sea wall. City forces
have been actively backflling numerous voids on the back side of the sea
wall in numerous locations. If more permanent solutions are not
implemented, the City risk the loss of the sea wall and upland assets.
Funds
available in the Capital Projects Fund.
Recommendation: Deputy Public Works Director recommends adoption of
the Resolution.

8.G. Utilities Department - Ovivo USA, LLC, Order Entry Administrator -
Brennan Water Treatment Plant - Sole Source Purchase (pp. 236-250)
Resolution approving a purchase from Ovivo USA, LLC, Order Entry
Administrator, 4246 Riverboat Road, Suite 300, Salt Lake City, Utah 84123-
2583 in the amount of $404,456 to replace the drive units on Softener
Clarifers No.1 and No.2 at the Brennan Water Treatment Plant. This request
is to maintain the treatment process at the Brennan Water Treatment Plant in
accordance with state and federal permit requirements. The Brennan Water
Treatment Plant utilizes three lime softeners to remove hardness in the raw
water. Two of the three softeners are in operation during peak times and the
third is a backup. The replacement of the drive units will be done in
sequentially and during a period of lower peak fows. Ovivo is the
manufacturer and sole source to replace the equipment. Funds available in
the Renewal & Replacement 5% Fund.
Recommendation: Utilities Director recommends adoption of the
Resolution.

8.H. Utilities Department - Carus Corporation - Brennan Water Plant - Carus
Corporation - Sole Source Purchase (pp. 251-257)
Resolution authorizing the City Manager to make as-needed purchases of
phosphate from Carus Corporation, 315 Fifth Street, Peru, IL 61354, at a rate
of $0.72/lb in an amount not to exceed $129,600 annually to be used at the
Brennan Water Treatment Plant. Phosphate is injected into the City’s water
distribution system to inhibit corrosion and reduce lead and copper metals.
The Florida Department of Environmental Protection (FDEP) has approved
the use of phosphate in municipal water supply distribution systems.
Phosphate from other manufacturers were previously tested extensively by
the City. The test concluded that the Carus phosphate reduced the levels of
lead and copper metals better than the phosphate supplied by the other
manufacturers. As a result, the City has purchased phosphate as a sole
source from Carus for the past seven years. The continued use of the Carus
phosphate has enabled the City to maintain high quality drinking water and
comply fully with drinking water regulatory standards. The Utilities
Department is proposing to continue using Carus to provide phosphate for
FY 2019 and FY 2020. Funds available in the Water and Sewer Operating
Fund FY 2019.
Recommendation: Utilities Director recommends adoption of the
Resolution.

8.I. Utilities Department - CEC Motor & Utility Services – Motor and Pump
Repair Contract (pp. 258-433)
Resolution approving a piggyback contract using an Orange County contract
with CEC Motor & Utility Services, 1751 12 th Street East, Palmetto, FL
34221 with the following provisions:
The term of the contract will run through May 11, 2022; and
Authorize the City Manager to approve an expenditure of up to
$190,000 for as-needed motor and pump repair services each fscal year
while the contract is in effect with future years being subject to
appropriation.
This request is to maintain the operational reliability for Brennan Water
Treatment Plant (WTP), Bethune Water Reclamation Facility (WRF), and
Westside Regional WRF plants in accordance with State and Federal
regulations. The water and wastewater treatment plants utilize pumps and
motors of various sizes and types for the treatment processes in order to
maintain State and Federal Permit Regulations. Approval of this contract will
allow quick turnaround time and ensure minimal operational downtime
whenever pumps fail during the year by utilizing a term contract with Orange
County Florida (Contract No. Y17-136B).
The Orange County Contract has been approved by the City’s Purchasing
Department for use by City departments. This contract is for repair and
maintenance of existing motors and pumps on an “as needed” basis. Funds
are available in the Water & Sewer Operating Fund.
Recommendation: Utilities Director recommends adoption of the
Resolution.

8.J. Utilities Department - Hazen Construction, LLC - Beach Street Backfow
Preventer No. 26 - Fairview Outfall – Final Reconciliation Agreement
(pp. 434-444)
Resolution approving a Final Reconciliation Agreement for the Beach Street
Backfow Preventer No. 26 at the Fairview Outfall with Hazen Construction,
LLC, 1599 Tionia Road, New Smyrna Beach, FL 32168 , Contract No. 0318-
0360 and authorizing the City Manager and City Clerk to execute the Final
Reconciliation Agreement with the following stipulations:
Approve September 28, 2018, as the fnal completion date and start of
the warranty period
Approve the fnal contract price of $168,975
Release retainage of $8,448.75 due to the contractor
This request is needed to close out the project and release the retainage to the
contractor. Resolution 18-80 was adopted by City Commission on March 3,
2018, to pay Hazen Construction, LLC in an amount not to exceed $168,975
under Contract No. 0318-0360. Project was completed on budget and on
time. There is no additional funding associated with this request.
Recommendation: Utilities Director recommends adoption of the Resolution.

Item 8C

Development and Administrative Services - Approval of Declaration of
Restrictive Covenant for Brown & Brown Headquarters (pp. 41-51)
Resolution approving the Declaration of Restrictive Covenant between The
City of Daytona Beach and Brown & Brown, Inc., Brown & Brown Realty,
Co., and DTBB, LLC (collectively, "B&B") applicable to Riverfront Park in
front of the Brown & Brown Headquarters property located at the 300 block
of North Beach Street.
Recommendation: Deputy City Manager recommends adoption of the
Resolution.

Item 9A

Development and Administrative Services, Planning Division - Islamic
Center of Daytona Beach - First Amendment to Planned District Agreement
(pp. 445-541)
Ordinance on second reading - Quasi-Judical Hearing - amending the
Islamic Center of Daytona Beach Planned District Agreement to modify the
building design, add a phasing schedule, and extend the time table for
development at 825 Derbyshire Road, and authorizing the Mayor to execute
the First Amendment to Islamic Center of Daytona Beach Planned District
Agreement. Applicant: Kimberly A. Buck, P.E., The Alann Engineering
Group, Inc. on behalf of Islamic Center Daytona Beach, Inc.
Dennis Mrozek, Planning Director, to report.
Recommendation: Planning Board Recommends approval 5-to-0.
Action: Motion to adopt Ordinance.

Item 9B

Development and Administrative Services, Planning Division - Second
Amendment to Sofran Eckerds Planned District Agreement (pp. 542-618)
Ordinance on second reading - Public Hearing - amending the Sofran
Eckerds Planned District Agreement to allow the demolition of the existing
self-service car wash and redevelopment to include a 4,500 square foot fullservice
car wash building and associated site improvements on property
located at 1330 Beville Road, and authorizing the Mayor to execute the
Second Amendment to Sofran Eckerds Planned District Agreement.
Applicant: Robert A. Merrell III, Esquire, Cobb Cole, on behalf of 165
Kelley Street, LLC.
Dennis Mrozek, Planning Director, to report.
Recommendation: Planning Board recommends approval 5-to-0.
Action: Motion to adopt Ordinance.

Item 9C

Development and Administrative Services, Redevelopment Division - Brown
& Brown - Rezoning, Planned Development-Redevelopment
(pp. 619-734)
Ordinance on second reading - Quasi-Judicial Hearing - approving a
request to rezone 14.35± acres of land located at the 300 block of North
Beach Street from Downtown Redevelopment-Commercial (RDD-3) and
Residential/Professional (RP) to Planned Development-Redevelopment (PDRD)
to facilitate development of a corporate headquarters, and authorizing
the Mayor to execute the Brown & Brown Headquarters Planned District
Agreement. Applicant: Robert A. Merrell III, Esquire, Cobb Cole, on behalf
of Brown & Brown Realty.
Reed Berger, Redevelopment Director, to report.
Recommendation: Downtown Redevelopment Board recommends approval
7-to-0.
Planning Board recommends approval 5-to-0.
Action: Motion to adopt Ordinance.

Item 10A

Development and Administrative Services, Planning Division - Code of
Ordinances Text Amendment - Mobile Food Vendors (pp. 735-742)
Ordinance on frst reading - creating Chapter 103 - Mobile Food Vendors
to the Code of Ordinances to add regulations and licensing requirements for
Mobile Food Vendors to provide the City with a new business market.
Dennis Mrozek, Planning Director, to report.
Recommendation: Planning Director recommends approval.
Action: Motion to pass Ordinance on frst reading.
Note: If passed, Public Hearing, December 5, 2018.

Item 10B

Development and Administrative Services, Planning Division - Land
Development Code Text Amendment - Mobile Food Vending (pp. 743-791)
Ordinance on frst reading - amending the Land Development Code to
allow for mobile food vending as a temporary use in various zoning districts
and approve regulations and procedures. The proposed text amendment will
introduce a new business market to the City that is not currently permitted.
Applicant: Development and Administrative Services Department, Planning
Division.
Dennis Mrozek, 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, December 5, 2018.

Items 11 & 12

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

12. ADJOURNMENT.