Items 1 - 3

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

Item 4

APPROVAL OF MINUTES.
4.A. Approval of Minutes
Approval of the minutes of the November 9, 2016 Special 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 7

CITIZENS.
7.A. 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. City Manager - Budget Division - Fourth Quarter Budget Amendment - FY
2015/16 (pp. 20-25)
Resolution amending Resolution No. 15-233, which adopted the FY
2015/16 budget, in order to decrease revenues by $240,700; increase
operating expenditures by $16,000, and decrease capital expenditures by
$256,700. This budget amendment is the fourth quarter (and fnal) budget
amendment for FY 2015/16, and closes out the budget for the year.
Recommendation: Budget Offcer recommends adoption of the
Resolution.

8.B. City Attorney - Settlement of Litigation - Lavar Andrews v. City
(pp. 26-30)
Resolution authorizing payment in the amount of $44,000 to Lavar Andrews
and his attorney for release of all claims and full settlement of law suit fled
in federal court against the City arising from an alleged wrongful detention
and battery by a law enforcement offcer, on December 3, 2013. Funds are
available in the Consolidated Insurance Fund.
Recommendation: City Attorney recommends adoption of the
Resolution.

8.C. Finance Department - Eagle Landing Apartments - Public Finance Authority
- Governmental Purpose Revenue Bonds (pp. 31-36)
Resolution allowing Public Finance Authority (PFA) to issue government
purpose revenue bonds in an approximate amount of $59,000,000 to acquire,
preserve and maintain a student housing asset for students from Embry-
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Riddle Aeronautical University commonly known as Eagle Landing
Apartments at 1479 Shady Place, Daytona Beach, Florida. The Public
Finance Authority, a government unit of the State of Wisconsin, doing
business as Public Finance Authority (PFA), desires to fnance the costs of
the acquisition, preservation and maintenance of a student housing project
within the jurisdictional boundaries of the City of Daytona Beach. The
building is normally used for housing by students attending Embry-Riddle
Aeronautical University. The Eagle Landing Project consists of the
acquisition by PFA of the Eagle Landing Apartments used to provide student
housing located at 1479 Shady Place, Daytona Beach, Florida and to be
owned, operated and maintained by PFA. PFA has requested that the City of
Daytona Beach consider and approve governmental purpose revenue bonds.
Because PFA is a Wisconsin government agency, Wisconsin law also
applies to this transaction. In accordance with Section 66.0304(11)(a) of the
Wisconsin Statutes, the City's approval of this item is needed since the
project is located within the city limits. There is no cost or fnancial
obligation on the part of the City of Daytona Beach.
The Resolution allows
issuance of governmental purpose revenue bonds to fnance the costs of the
'Eagle Landing Project' in an approximate amount of $59,000,000.
Recommendation: Chief Financial Offcer recommends adoption
of the Resolution.

8.D. Business Enterprise Management Department - Golf Range Netting
- Ratifying Emergency Purchase - Purchase Order 8558 (pp. 37-53)
Resolution ratifying the emergency purchase from Golf Range Netting,
40351 US Highway 19 North, Suite 303, Tarpon Springs, FL 34689, in the
amount of $50,000 for netting panels for the driving range system at the
Municipal Golf Course. Hurricane Matthew damaged the existing driving
range netting system that protected the public and staff from getting hit by
fying golf balls from the driving range while playing golf or maintaining the
course. An emergency purchase was requested to replace the 22 panels that
were rendered unusable because of the hurricane damage, per Resolutions
16-273 and 16-274. The City Manager declared the purchase an emergency
and signed Purchase Order 8558 to Golf Range Netting. Ratifying
Resolution complies with the City Purchasing Code section 30-52(b)
emergency purchases. Funds are available in the FEMA - Hurricane
Matthew Fund.

Recommendation: Business Enterprise Management Department Director
recommends adoption of the Resolution.
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8.E. Business Enterprise Management Department - Florida Tennis Center &
USTA - Fourth Annual Daytona Beach Professional Women's Tennis
Championship Tournament - Agreement (pp.54-72)
Resolution approving a contract with the United States Tennis Association
(USTA) and the City to host the Fourth Annual Daytona Beach Professional
Women's Championship Tournament on January 8 - 17, 2017 in the amount
of $31,865. The City has sponsored a USTA tournament for the past three
years. The past tournaments have been successful and proftable. This
tournament helps showcase professional women's tennis, the City and the
Florida Tennis Center. Funds are available in the Florida Tennis Center
Fund.
Recommendation: Business Enterprise Management Director
recommends adoption of the Resolution.

8.F. Public Works Department - Nova Road Trail Project - Florida Department of
Transportation (FDOT) - Local Agency Program (LAP) Agreement
(pp. 73-99)
Resolution authorizing acceptance of the Local Agency Program (LAP)
Agreement (FPN: 439057-1-58-01) in the amount of $218,922
between Florida Department of Transportation (FDOT) and the City of
Daytona Beach and authorizing the Mayor and the City Clerk to execute
the Agreement. The LAP Agreement provides for the construction of a 12
foot wide concrete trail on the west side of Nova Road between Bellevue
Avenue and South Street. The design of the project was completed by
Public Works Technical Services staff and the survey services were
provided by a survey frm under a continuing services contract. The current
Construction Opinion of Probable Cost for this project is $218,922 and
Construction costs up to $166,159 will be reimbursable under the LAP
agreement. If there is an outstanding balance not covered by the Lap
Agreement after the bids come in, the City will be responsible for those
costs.
Recommendation: Deputy Public Works Director recommends adoption
of the Resolution.

8.G. Public Works Department - Stewart Marchman ACT Behavioral Healthcare
Inc.- Enrichment Program Annual Service Agreement 2016-2017
(pp. 100-106)
Resolution approving a contract with Stewart Marchman ACT Behavioral
Healthcare Inc., 200 Fentress BL., Suite C, Daytona Beach, FL 32114, in an
amount up to $50,000, to provide individuals with disabilities employment
opportunities with the City; providing services such as clerical and litter and
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mowing maintenance on an as-needed basis, for a one-year term
commencing October 1, 2016 and ending September 30, 2017 with a two
one-year renewal options. Funds available in the Solid Waste Fund.
Recommendation: Deputy Public Works Director recommends adoption
of the Resolution.

8.H. Development and Administrative Services, Economic/Community
Development Division - Local Housing Assistance Plan (LHAP) -
Amendment - Increasing the Maximum Amount of Disaster Assistance
(pp. 107-114)
Resolution amending the City's Local Housing Assistance Plan (LHAP) to
increase the maximum amount of disaster assistance that can be used per
property for damages related to a declared emergency from the current
maximum of up to $3,000, to a maximum of $10,000. The referenced
increase is needed because costs related to hurricane recovery have
increased. The City requested and was granted $200,000 in additional State
Housing Initiative Partnership (SHIP) program funds to assist eligible
owner-occupied households with hurricane recovery related to the 2016
hurricanes. Under the City's program very low to moderate income
households may be eligible to receive help with required insurance
deductibles, tree removal impacting safety/security, windows, debris
removal, and roof repair. The FY-17 Budget will be increased by the
$200,000 received in additional SHIP grant funds. Funds are available
through State Housing Initiative Partnership (SHIP) Hurricane Disaster
funds.
Recommendation: Economic/Community Development Director
recommends adoption of the Resolution.

8.I. Development and Administrative Services, Redevelopment Division -
Friends of the Bandshell - Second Amendment to License Agreement
(pp. 115-134)
Resolution approving the Second Amendment to the License Agreement
between the City of Daytona Beach and Friends of the Bandshell (FOB). A
License Agreement was approved by the City Commission on April 2, 2014
and was amended by the City on April 1, 2015. This Second Amendment
will extend the term of the agreement by two more years and add two more
Saturday events in September for a total of 18 events in 2017. The City will
collect an annual fee in the amount of $26,518 for the 2017 events and retain
all profts from alcohol sales. At it's December 7, 2016 meeting, the
Community Redevelopment Agency (CRA) will consider a related annual
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request to fund a portion of the cost for the freworks display at the Pier for
each of the 18 events.
Recommendation: Redevelopment Director recommends adoption of the
Resolution.

8.J. Development and Administrative Services, Redevelopment Division - 709
Harvey Avenue and 37 S. Grandview Avenue - Property Purchase
(pp. 135-199)
Resolution approving two purchase contracts in the total
amount of $850,000 plus closing costs in an amount not to exceed
$12,250 to purchase 709 Harvey Avenue and 37 S. Grandview Avenue from
Larry E. Mullins, 411 Silver Beach Ave., Daytona Beach, FL 32118. This
action will eliminate the cost of monthly lease payments and secure the
City's 55-space parking lot currently leased by Mr. Mullins. The 55 parking
spaces are a part of the 75 parking spaces the City is required to provide for
Joe's Crab Shack employee parking as a part of the Pier restaurant lease
agreement. The acquisition of land is also intended to contribute to the
assembly of property for the future commercial development of a hotel and
parking garage consistent with the goals and policies of the E-Zone Master
Plan and the Main Street Redevelopment Plan. Funds are available in the
Main Street Redevelopment Trust Fund.
Recommendation: Redevelopment Director recommends adoption of the
Resolution.

8.K. Fire Department - Hall-Mark RTC - Fire Apparatus Replacement Program -
FY 2016/2017 (pp. 200-207)
Resolution authorizing a statement of intent to use debt fnancing for the
purchase of one (1) E-One Fire Engine apparatus in the amount of $390,536
and one (1) Wheeled Coach Firemedic Rescue apparatus in the amount of
$145,295 for a combined total not to exceed $540,000 from the authorized
dealer Hall-Mark RTC - 725 SW 46 th Avenue, Ocala, Florida 34474.
Vehicles to be purchased from Orange County contract No. Y-13-1056-JS
and Florida Sheriff's Association competitive bid No. FSA16-VEF12.0
respectively. Approving a statement of intent to reimburse using debt
fnancing as part of the purchase resolution and approval of a necessary
budget amendments. Authorizing the City Manager to execute all applicable
documents. Funds for annual payment are available in the General Fund.
Recommendation: Fire Chief recommends adoption of the Resolution.
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8.L. Public Works Department - Permits and Licensing Lobby Remodel -
Contract Approval (pp. 208-294)
Resolution approving a contract with G. Pifer Construction Company Inc.,
3629 Old DeLand Road, Daytona Beach Florida, in the amount of $199,755,
to remodel the existing Permits and Licensing Lobby located in City Hall.
The
remodel will result in a new,
modern, and effcient customer
service space
that better serves the citizens of Daytona Beach. Funds available in the
Permits and Licensing Fund.

     Recommendation: Deputy Public Works Director recommends adoption
of the Resolution.

8.M. Public Works Department - Technical Services Division - Parker
Mynchenberg & Associates - Contract No. 0111-0740-PM - Work
Authorization No. 12 (pp. 295-307)
Resolution approving Work Authorization No. 12, under continuing services
contract No. 0111-0740-PM to Parker Mynchenberg & Associates in the
amount of $42,565, to redevelop the grounds maintenance building property
into public parking and regional stormwater pond at 544 Orange Avenue.
Funds available in the Stormwater Improvement Fund.
Recommendation: Deputy Public Works recommends adoption of the
Resolution.

8.N. Public Works Department - Zev Cohen & Associates - Contract No. 2006-
21-ZC - Work Authorization No. 28 - Approval (pp. 308-320)
Resolution approving Work Authorization No. 28 to Contract No. 2006-21-
ZC with Zev Cohen & Associates, Inc., 300 Interchange Blvd., Ormond
Beach, FL 32174, in the amount of $21,943, for site drainage analysis,
elevation and design of improvements for the Derbyshire Park Phase II
project that will design a drainage plan to reduce the downtime during very
wet weather days. Funds are available in the Capital Projects Fund.
Recommendation: Deputy Public Works Director recommends adoption
of the Resolution.

8.O. Public Works Department - Martin Luther King Blvd - Roadway/Pedestrian
Improvements Orange Ave to International Speedway Blvd (ISB) - McKim
& Creed - Contract No. 0111-0740-MC - Amendment 1 to Work
Authorization No. 2 (pp. 321-341)
Resolution approving Amendment No. 1 to Work Authorization No. 2 with
McKim & Creed (Contract No. 0111-0740-MC) , 139 Executive Circle,
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Suite 201, Daytona Beach, FL 32114, in the amount of $58, 248.76 to add
additional features to the design of the Dr. Martin Luther King, Jr. Blvd.
Roadway and Pedestrian Improvements Project. Funds available in the
Capital Projects Funds.
Recommendation: Deputy Public Works Director recommends adoption
of the Resolution.

8.P. Utilities Department - Carollo Engineers - Construction Manager at Risk and
Preconstruction Services - Westside Regional Water Reclamation
Facility Improvements Project - Work Authorization No. 15 (pp. 342-408)
Resolution approving Work Authorization No. 15 under Contract No. 1307-
1022 with Carollo Engineers, 1089 W. Morse Boulevard, Suite A, Winter
Park, FL 32789 for assistance with selection of Construction Manager at
Risk frm and pre-construction services for the Westside Regional Water
Reclamation Facility Improvements Project in an amount not to exceed
$133,655.26. This item is critical for the procurement of a Construction
Manager at Risk frm to construct the Westside Regional Water Reclamation
Facility Improvements Project. Funds are available in the Renewal and
Replacement 5% Fund.

Recommendation: Utilities Director recommends adoption of the
Resolution.

8.Q. Utilities Department - Tetra Tech - Contract No. 2005-07 - Work
Authorization 39 - Approval (pp. 409-425)
Resolution approving Work Authorization 39 to Contract Number 2005-07
with Tetra Tech, 201 East Pine Street, Suite 1000, Orlando, FL 32801, in the
amount not to exceed $43,973.10. The water being distributed by the
Brennan Water Treatment Facility is approximately 95 percent of the current
allocation of water permitted by the Saint John's River Water Management
District. This will not allow for the upcoming growth of the City of Daytona
Beach. Tetra Tech has been retained to obtain this permit modifcation.
Tetra Tech has extensive knowledge of the existing Consumptive Use
Permit #8834 and of the hydrology of the well feld. Funds are available in
the Water and Sewer Renewal and Replacement 5% Fund..
Recommendation: Director of Utilities recommends adoption of the
Resolution.

8.R. Public Works - Municipal Stadium Parking Lot Light Replacement - Bid
Acceptance (pp. 426-433)
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Resolution accepting the base bid from Giles Electric, Co., 1700 South
Segrave Street, South Daytona, FL in the amount of $128,000 for the
replacement of the Municipal Stadium Parking Lot Lights.
Eight of the light
poles were replaced as an emergency due to safety issues and signs of
damage. The remaining poles are becoming structurally unsafe. This
project will replace all light poles and fxtures in the north and south parking
lots. Funds available in the Capital Projects Fund.
Recommendation: Deputy Public Works Director recommends adoption
of the Resolution.

8.S. Utilities Department - Tomoka Construction Services, Inc. - Thomasson
Avenue Water Improvements - Low Responsive Bid Award (pp. 434-449)
Resolution accepting the lowest responsive bid from Tomoka Construction
Services, Inc., 810 Fentress Court, Suite No. 140, Daytona Beach, FL 32117,
in the amount of $104,882.50. This project consists of replacing an old
deteriorating 2” galvanized waterline with a 6" ductile iron pipe (including
associated water services) on Thomasson Avenue which has had multiple
failures within the last year. Funds are available in the Water and Sewer
Renewal and Replacement 5% Fund.
     
Recommendation: Director of Utilities recommends the adoption of the
Resolution.

8.T. Utilities Department - Water Plant Phosphate Purchases Fiscal Year 2016-
2017 - Sole Source (pp. 450-456)
Resolution approving the sole source purchase of phosphate from Carus
Corporation, 315 Fifth Street, Peru, IL 61354 for use at the Ralph Brennan
Water Treatment Plant for fscal year 2016-2017 at a rate of $0.69/lb. in an
amount not to exceed $130,000. Phosphate is injected into the City's water
distribution system to inhibit corrosion and reduce lead and copper metals.
Phosphate from other manufacturers were previously tested extensively by
the City. The results of the test concluded the Carus phosphate reduced the
levels of lead and copper metals better than any of the other manufacturer's
phosphate. 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. Funds available in the Water and Sewer Fund.
Recommendation: Director of Utilities recommends adoption of the
Resolution.
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8.U. Finance Department - Allocation of Bike Week Sponsorship Funds
(pp. 457-458)
Resolution authorizing payment from the General Fund in the amount of:
$100 to Alpha Phi Alpha Fraternity, Inc. for a full page ad to the Black and
Gold Legacy Gala from the Bike Week Sponsorship Funds of Commissioner
Paula Reed.
Recommendation: Chief Financial Offcer recommends adoption of the
Resolution.

8.V. Finance Department - Allocation of Bike Week Sponsorship Funds **
Addendum Added 12-7-16**
Resolution authorizing payment in the amount of:
$500 to Downtown Development Authority for Holiday Dazzle 2016 event
from the Bike Week Sponsorship Funds of Commissioner Kelly White.
Recommendation: Chief Financial Offcer recommends adoption of the
Resolution.

Item 9A

Development and Administrative Services, Redevelopment Division -
Cosmopolitan - Rezoning to Downtown Riverfront Mixed Use (RDD-4)
(pp. 475-502)
Ordinance on frst reading - PUBLIC HEARING - approving a request to
rezone 4.3± acres of land located on North Beach Street at the intersection of
Michigan Avenue, from Planned Development-General (PD-G) to
Downtown Riverfront Mixed Use (RDD-4) to allow for mixed use
development along the riverfront. Applicant: Development and
Administrative Services Department, Redevelopment Division.
    
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    Reed Berger, Redevelopment Director, to report.
    
Recommendation: Downtown Redevelopment Board recommends

                                   approval 7-to-0.
Planning Board recommends approval 6-to-1.

     Action: Motion to pass Ordinance on frst reading.
        Note: If passed, Public hearing, December 21, 2016.   

Item 9B

Development and Administrative Services, Redevelopment Division - Old
Daytona - Rezoning, Downtown Residential (RDD-6) (pp. 503-533)
Ordinance on frst reading - PUBLIC HEARING - approving a request to
rezone 16.8± acres of land in the area generally located along South
Palmetto Avenue, between Live Oak Avenue and South Street, from Single
Family Residence (SFR-5), Residential/Professional (RP); and Planned
Development-Redevelopment (PD-RD) to Downtown Residential (RDD-6)
to encourage the preservation of the historic residential character of the Old
Daytona neighborhood. ** This Item was Continued from the August 3,
2016 Agenda**
Reed Berger, Redevelopment Director, to report.
Recommendation: Downtown Redevelopment Board recommends
approval 7-to-0.
Planning Board recommends approval 6-to-1.
Action: Motion to pass Ordinance on frst reading.
Note: If passed, Public Hearing, December 21, 2016.

Item 9C

Development and Administrative Services, Redevelopment Division - Land
Development Code Text Amendment - Amend Articles 4, 5, and 11
(pp. 534-571)
Ordinance on frst reading - PUBLIC HEARING - amending Article 4 to
revise the development standards applicable to the RDD-4 and RDD-6
zoning districts: amending Article 5 to revise the remitted and special uses in
the RDD-1. RDD-3. RDD-4 and RDD-6 zoning districts, and to add or
amend use-specifc standards for certain principal uses: and amending
Article 11 to add a defnition for Art & Cultural Center Use. Applicant:
Development and Administrative Services Department, Redevelopment
Division.
Reed Berger, Redevelopment Director, to report.
Recommendation: Planning Board recommends approval 5-to-2.
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Action: Motion to pass Ordinance on frst reading.
Note: If passed, Public Hearing, December 21, 2016.

Additional Item

Additional Item

Item 10A

Development and Administrative Services, Planning Division - Chanfrau
Law - Rezoning, Planned Development-General (pp. 572-619)


Ordinance on frst reading approving a request to rezone 0.4± acres of land
located at 701 N. Peninsula Drive and 221 Glenview Boulevard, from
Multifamily Residential 12 (MFR-12) to Planned Development-General
(PD-G) to allow for offce use in conjunction with an exsting law offce, and
authorizing the Mayor to execute the Chanfrau Law Offce Planned District
Agreement. Applicant: James S. Morris, P.A., on behalf of W.M. and Mary
F. Chanfrau, Co-Trustees.
Richard Walton, Planning Director, to report.
Recommendation: Historic Preservation Board recommends
approval 5-to-0.
Planning Board recommends approval 7-to-0.
Action: Motion to pass Ordinance on frst reading.
Note: If passed, Public Hearing, December 21, 2016.

Item 10B

Development and Administartive Services - Water and Sewer Services Area
Agreement - Amendment (pp. 620-630)
Resolution approving an amendment to the current Water and Sewer Service
Area Agreement between Daytona Beach and Ormond Beach. The proposed
amendment would adjust Daytona Beach’s and Ormond Beach’s common
water and sewer service area boundary line for a parcel of land located on
the east side of Clyde Morris Boulevard, that straddles the cities’ common
municipal boundary line, allowing Daytona Beach to serve all of the lots,
subject to conditions. The contract purchaser and developer of the parcel,
who is developing it with single family housing, has asked to interconnect
all of the residential lots being created to Daytona Beach’s utility system in
order to avoid unnecessary costs. Staff also requests that the resolution be
made effective 60 days after the date of adoption, at the developer’s request.
Gary Shimun, Deputy City Manager/Administrative Services, to report.
Recommendation: Deputy City Manager/Administrative Services
recommends adoption of the Resolution.
Action: Motion to adopt the Resolution

Item 10C

City Manager - 2016-2017 State and Federal Legislative Priorities
(pp. 631-641)
Resolution adopting the list of state & federal legislative priorities for 2016-
2017. This list is based on City Commissioners' concerns and issues
discussed during City budget planning sessions.

    Hardy Smith, Government Relations Administrator, to report.

    Recommendation: Commission action.

    Action: Motion to adopt the Resolution.

Item 11

PUBLIC COMMENTS - DURING THIS TIME CITIZENS HAVE THE
OPPORTUNITY TO ADDRESS THE CITY COMMISSION ON ANY
MATTER THAT IS NOT ON THE AGENDA.

Items 12 & 13

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