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 21, 2018 and the December 5,
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 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.

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).
8.A. Legal Department - Janice & James Mayer v. CODB v. Zev Cohen &
Associates - Settlement of Claim (pp. 51-55)
Resolution authorizing payment in the amount of $60,000 to Janice and
James Mayer and their attorney, Fermin Lopez, Esq. for release of all claims
and full settlement arising from injuries allegedly susained from a
September 5, 2014 fall on City property. Funds available in the Consolidated
Insurance Fund.
Recommendation: City Attorney recommends adoption of the Resolution.
8.B. Legal Department - Jay Pritam Inc. - Settlement of Litigation (pp. 56-71)
Resolution approving Settlement of Litigation - City of Daytona Beach v.
Jay Pritam Inc., Case Number 2018-31342-CICI, brought by the City to
foreclose on code enforcement liens agains the property located at 303 N.
Ridgewood Avenue. Code fnes have accrued on the property in the amount
of $29,400 and false alarm liens have accrued in the amount of $700. The
code violations included paint, parking lot potholes, signs, landscaping,
broken fence, trash and debris, roofs, gutters, and fascia. A recent inspection
confrms full compliance with City Codes. The Defendant has ofered to pay
a reduced fne/lien amount of $15,000, payable in three equal monthly
insallments of $5,000 each, as full settlement to resolve the foreclosure
action.
Recommendation: City Attorney recommends adoption of the Resolution.
8.C. Legal Department - Uniform Collection Method for Non-Ad Valorem
Assessments (pp. 72-88)
Resolution electing and authorizing use of the uniform method of collecting
non-ad valorem assessments that may be imposed upon real property within
the City for unreimbursed coss incurred by the City for the demolition of
condemned sructures, commencing with tax year 2019 and continuing until
discontinued by the City, and requesing approval of agreements between the City and Property Appraiser, and between the City and Volusia County/Tax
Collector, providing for reimbursement of coss associated with use of
uniform method of collections for such assessments.
Recommendation: City Attorney recommends adoption of the Resolution.
8.D. Public Works/ Adminisration Division - Dickerson Community Center
Parking Lot Improvements - Racing and Recreational Facilities Disrict
Grant Application Submittal (pp. 89-93)
Resolution authorizing the City Manager to submit a grant application to
Racing and Recreational Facilities Disrict Grant for the Dickerson
Community Center Parking Lot Improvements for an amount up to $369,359
and accept the grant if awarded. The esimated cos for the Dickerson
Community Center Parking Lot Improvements project is $369,359. If the
grant award is less than the esimated project cos, the City will be required to
provide any additional funding from other sources. No funding obligations
are required as a condition of the grant. After grant acceptance, funding will
be made available in an appropriate project specifc account as needed for the
grant.
Recommendation: Public Works Director recommends adoption of the
Resolution.
8.E. Public Works/Grounds Maintenance - Florida Department of Corrections -
Contract Approval (pp. 94-111)
Resolution approving Contract No.W1156 with the Florida Department of
Corrections (DOC), 501 South Calhoun Street, Tallahassee, Florida
32399, to supply inmate labor assisance in the amount of $57,497 per year.
This contract shall begin on January 23, 2019 and will end on January 22,
2022 and may be renewed for up to a three (3) year period with the same
terms and conditions. It is also requesed that the City Manager be
authorized to exercise renewal options as well as authorization to expend the
annual budget appropriations for this contract. Funds available in the
General Fund.
Recommendation: Public Works Director recommends adoption of the
Resolution.
8.F. Public Works/Adminisration Division - City of Daytona Beach and Florida
Department of Transportation (FDOT) - I-95 Community Aeshetic Feature
Agreement (pp. 112-133) - **Pulled from Agenda 12-19-18**
Resolution authorizing the City Manager to execute an agreement between
The City of Daytona Beach and Florida Department of Transportation (FDOT) for a Community Aeshetic Feature which will be maintained by the
City. The feature was designed and will be insalled as part of the overall
aeshetics component of a FDOT Design-Build Consruction project, FM
No.242715-2-52-01 and will be insalled within the I-95 and I-4 interchange.
The FDOT requires the City Commission’s resolution authorizing execution
be attached to the agreement. The agreement entails that both parties
acknowledge that the FDOT shall bear the cos and responsibility of design
and insallation; the City shall bear the cos and responsibility of the
perpetual maintenance of the feature. The terms of the agreement will
commence upon full execution of the Agreement, and continue through
December 31, 2068, which is determined as the lifespans of the
project. There is no funding associated with this reques; FDOT will be
responsible for the funding of the project.
Recommendation: Public Works Director recommends adoption of the
Resolution.
8.G. Utilities Department - Clear Waters, Inc. - Continuing Services Contract -
Lowes-Bes Responsive Bid Award (pp. 134-156)
Resolution awarding Bid No. 19051 to the Lowes-Bes Responsive bidder,
Clear Waters, Inc. 64 Bay Harbour Drive, Ponce Inlet, FL 32127 for a two
(2) year pond maintenance service contract for a total amount of $40,200
with three 1-year renewals and authorizing the City Manager to exercise the
renewals at the same terms and conditions. The work generally consiss of
furnishing all labor, materials, equipment, and supervision for pond and
aquatic management services for nineteen (19) locations throughout the City.
The contractor will utilize good environmental and aquatic bes management
practices (BMP’s), using methods with a wide margin of safety for fsh,
waterfowl and human life, and to comply with applicable laws and rules.
Funds available in the Stormwater Improvement Fund.
Recommendation: Utilities Director recommends adoption of the
Resolution.
8.H. Utilities Department - 4C's Trucking and Excavation, Inc. - ISB/SR600/US-
92 Utility Repairs and Water Main Adjusments - Final Reconciliation
Agreement (pp. 157-169)
Resolution approving a Final Reconciliation Agreement with 4C's Trucking
and Excavation, Inc., 331 Sawgrass Road, Bunnell, FL 32110 for the
ISB/SR600/US-92 Utility Repairs and Water Main Adjusments Contract
with the following sipulations:
Approve October 15, 2018, as the fnal completion date and sart of the
warranty period
Approve the fnal adjused contract price of $285,118.39
Approve a fnal payment of $41,392.43 due under the contract, which
includes retainage
The fnal adjused contract price includes an overall contract increase of
$21,181.80 due to coss associated with water main adjusments to avoid two
buried unknown electrical vaults and a duct bank. This reques is needed to
close out the ISB/SR600/US-92 Utility Repairs and Water Main Adjusments
Contract and pay the contractor for work performed. Funds available in the
Renewal & Replacement - 8% Fund.
Recommendation: Utilities Director recommends adoption of the
Resolution.
8.I. Finance Department - Allocation of Bike Week Sponsorship Funds
(pp. 170-171)
Resolution authorizing payment in the amount of:
$500 to Cultural Services for the Mayor's Fitness Challenge 2019 from the
Bike Week Sponsorship Funds of Mayor Derrick Henry.
Recommendation: Chief Financial Ofcer recommends adoption of the
Resolution.

Item 9A

Development and Adminisrative Services, Planning Division - Sixth
Amendment to Daytona Beach Kennel Club Planned Disrict Agreement
(pp. 172-221)
Ordinance on second reading - PUBLIC HEARING - amending the
Daytona Beach Kennel Club Planned Disrict Agreement to incorporate the
exising billboard as an on-site sign and allow for additional wall signage on
property located at 960 S. Williamson Boulevard, and authorizing the Mayor
to execute the Sixth Amendment to Daytona Beach Kennel Club Planned
Disrict Agreement. Applicant: Robert A. Merrell III, Esquire, Cobb Cole,
on behalf of Daytona Beach Kennel Club, Inc.
Dennis Mrozek, Planning Director, to report.
Recommendation: Planning Board recommends approval 6-to-0.
Action: Motion to adopt Ordinance.

Item 9B

Development and Adminisrative Services - Buc-ee's Transportation
Improvements Cos Allocation Agreement and Roadway Improvements (pp. 222-234)
Resolution - PUBLIC HEARING - authorizing the City to enter into the
Buc-ee's Transportation Improvements Cos Allocation Agreement with Bucee's
Ltd., ("Owner") and the County of Volusia to address trafc concurrency
and trafc roadway impacts created by the Buc-ee's development located at
the interchange of Intersate 95 and LPGA Boulevard on 13.97± acres. The
agreement provides for Roadway Improvements in accordance with the City
and the County of Volusia to satisfy trafc concurrency requirements. Bucee's
Ltd. shall complete required trafc improvements or modifcation of the
roadway and trafc control devices on LPGA Boulevard as sated in the Bucee's
Transportation Improvements Cos Allocation Agreement prior to
issuing the certifcate of occupancy.
James S. Morris, Deputy City Manager, to report.
Recommendation: Deputy City Manager recommends adoption of the
Resolution.
Action: Motion to adopt Resolution.

Item 9C

Development and Adminisrative Services - Mosaic Transportation
Improvements Cos Allocation Agreement and Proportionate Fair Share
Contribution (pp. 235-242)
Resolution - PUBLIC HEARING - authorizing the City to enter into The
Mosaic Transportation Improvements Cos Allocation Agreement with BII
Volusia Holdings, LLC ("Owner") and the County of Volusia, and approve
the proportionate fair share amount. The Agreement addresses trafc
concurrency and roadway impacts created by the Mosaic development
located wes of LPGA Boulevard and south of Tournament Drive. The
Agreement provides for a proportionate fair share contribution for the total
buildout of Mosaic for ofsite trafc improvements, based upon a maximum
buildout of 1,200 dwelling units. The Agreement vess trafc concurrency
for Mosaic in the amount of $2,500,000 to be paid to the County. Within
ninety (90) days of the efective date of this Agreement, payment in the
amount of One Million ($1,000,000) Dollars shall be paid to the County and
for years two (2) through six (6), Owner shall pay Three Hundred Thousand
($300,000) Dollars on the annual anniversary date of the frs payment.
James S. Morris, Deputy City Manager, to report.
Recommendation: Deputy City Manager recommends adoption of the
Resolution.
Action: Motion to adopt Resolution.

Item 10

ADMINISTRATIVE ITEMS.
10.A. City Manager's Office - Amendment Of The City's 2018-2019 State Legislative Priorities List **Added 12-19-18**
Resolution amending the City's 2018-2019 State Legislative priorities list. At the December 17, 2018 Volusia Legislative Delegation meeting, a proposed local bill was introduced that will benefit the City of Daytona Beach and the Legislative Delegation gave its unanimous support of the bill. This legislation, if approved would release state owned rights and restrictions to property along the Daytona Beach riverfront to the City at no cost to the City. Release of the State restrictions has been approved by the Florida Cabinet contingent on payment by the City of an amount in excess of $8.7 million.

Hardy Smith, Government Relations Director, to report.

Recommendation: Commission Action.

Action: Motion to adopt the Resolution.

Item 11

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

Additional Item & Item 12

Additional Item

12. ADJOURNMENT.