THE CITY OF DAYTONA BEACH

Regular Meeting - CITY COMMISSION

December 21, 2016

City Commission Chambers

6:00 PM

 

AGENDA

 

Website Address - www.codb.us (City Clerk)


NOTICE
- If any person decides to appeal any decision of the City Commission at this meeting, he will need a record of the proceedings and, for that purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City does not prepare or provide such a record.

For special accommodations, please notify the City Clerk's Office at least 72 hours in advance. (386) 671-8020Help for the hearing impaired is available through the Assistive Listening System. Receivers can be obtained from the City Clerk's Office.

In accordance with the Americans with Disabilities Act (ADA), persons needing a special accommodation to participate in the Commission proceedings should contact the City Clerk's Office not later than three days prior to the proceedings.

1.ROLL CALL.
2.INVOCATION.
3.PLEDGE OF ALLEGIANCE TO THE FLAG.
4.APPROVAL OF MINUTES.
4.A.

Approval of Minutes

 

Approval of the minutes of the November 16, 2016 Regular Meeting of the City Commission held at City Hall, 301 South Ridgewood Avenue, Daytona Beach, Florida.

 

 

 

 

 

 
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.

6.PRESENTATION.
6.A.BEAUTIFICATION AWARDS - DECEMBER - 2016  (pp. 15-17)

Residential Award:

Thomas and Janet Barks, 580 Rio Vista Avenue, Commission Kelly White, Zone 3, to present.

 

Commercial Award:

Cici and Hyatt Brown Museum of Art, 352 South Nova Road, Mayor Derrick L. Henry to present.

 
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.

 
8.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.Public Works Division - Carter Electric Company, Inc - Florida State Road A1A - Ratification of Emergency Street Lighting Repairs  (pp. 19-32)

Resolution ratifying the purchase of emergency services for street lighting repairs on Florida State Road A1A in the amount of $38,280 from Carter Electric Company, Inc., Contractors and Engineers, 231 Jean Street, Daytona Beach, FL 32114 as a result of storm damage caused by Hurricane Matthew.   

 

    Recommendation:  Deputy Public Works Director recommends adoption

    of the Resolution. 

 
8.B.Public Works Department/Grounds Maintenance  - Florida Department of Corrections - Contract Approval  (pp. 33-51)

Resolution approving the Florida Department of Corrections (DOC) Contract No. W1091 for one (1) year term with a one (1) year renewal option; and authorizing the City Manager to exercise the option to renew the contract upon expiration of initial term.  The DOC has an inmate labor program through which they supply a five (5) person work squad and a paid Department of Corrections work squad supervisor to municipalities needing minimally skilled labors.  The work force is needed to supplement City Grounds Maintenance crews whose workload has increased considerably over the last few years with the addition of twelve (12) Community Redevelopment Agency (CRA) properties, Midtown Center, North Street Park, Old Daytona, Yvonne Scarlett Golden Center and other areas of landscaping right of way's.  The annual cost to the City for the DOC work squad is $57,497, which compares favorably with an estimated cost of over $190,675.14 to engage five (5) Maintenance Worker I laborers and one (1) Maintenance Supervisor II employees at the respective minimum City wage rates.  Funds are available in the general Fund.   

 

    Recommendation:  Deputy Public Works Directors recommends adoption

    of the Resolution. 

 
8.C.Business Enterprise Management Department - National Joint Powers Alliance - Multi-Department Vehicle Replacements  (pp. 52-76)

Resolution authorizing the purchase of twenty (20) replacement vehicles valued at $715,070.10 from the National Joint Powers Alliance Bid 2017-102811-NAF with options and one (1) replacement vehicle valued at $19,411.33 from the Florida Sherriff's Association Bid FSA16-VEH14.0, specification 45 with options from Alan Jay Fleet Sales, P.O. Box 9200, Sebring FL  33871 totaling $734,481.43.  A program for vehicle replacement has been budgeted for the Police, Utilities, and Public Works Departments.  Funds available in various accounts.   

 

   Recommendation:  Business Enterprise Management Director recommends

   adoption of the Resolution. 

 
8.D.Business Enterprise Management Department - Ring Power Corporation - Construction Equipment Purchase  (pp. 77-84)

Resolution approving the purchase of one (1) backhoe and one (1) mini-excavator for the Utilities Department from the Florida Sheriff's Association Bid 16-VEH14.0 and 16-HEH14.0, specifications 25 and 39, with options from Ring Power Corporation, 500 World Commerce Parkway, St. Augustine, FL  32092 in the amount of $173,605.  The replacement construction equipment has been budgeted by the Utilities Department and is part of the overall replacement program for the entire City fleet of vehicles and construction equipment.  Funding available in the Water & Sewer Improvement Fund.

 

Recommendation:  Business Enterprise Management Director recommends 

adoption of the Resolution.            

 
8.E.

Fire Department - Zabatt Power Systems - Fire Station No.4  - Emergency Generator and Transfer Switches - Purchase  (pp. 85-96)

 

Resolution authorizing the purchase and installation of one (1) emergency generator and two (2) transfer switches for Fire Station No.4 from Zabatt Power Systems - 4612 Highway Avenue, Jacksonville, Florida 32254; and authorizing the City Manager and Budget Officer to amend the budget as necessary and execute all documents required.  This project will expand the service capabilities of the Fire Department to be able to respond during emergency operations for weather events such as hurricanes. This expansion allows for a greater number of fire stations to remain in service during an emergency event to meet the growing demand/impact placed on our services. The emergency generator to be purchased utilizing the Florida Sheriffs Association contract No.FSA16-VEH14.0 spec No.70 ($37,790).  Purchase of two (2) transfer switches ($8,744) awarded to Zabatt Power Systems as the lowest of three competitive quotes.  Installation of the system ($24,999) awarded to Zabatt Power Systems as the lowest of three competitive quotes.  Total purchase price not to exceed $71,533.  Funds available in Fire/EMS Impact Fees Fund. 

 

    Recommendation:  Fire Chief recommends adoption of the Resolution. 

 
8.F.

Finance Department - Software House International - Microsoft Software Renewals  (pp. 97-105)

 

Resolution approving renewal of Software Assurance (SA) for various Microsoft (MS) licenses and renewing Microsoft Office 365 subscription services at volume discounted rates from vendor No.102096, Software House International, 33 Knightsbridge Rd., Piscataway, NJ 00854, for a three year period beginning January 1, 2017 and expiring December 31, 2019; and authorizing the City Manager to execute enrollment forms and other contract documents, and exercise annual renewals for years two and three, subject to budget approvals.  Annual payments are $242,379.85 for each of the three years.  The City's existing enterprise agreement authorized by Resolution 13-302 expires December 31, 2016.  Continuing MS licensing Software Assurance and renewing MS Office 365 subscription services allows the City to use, update, and upgrade Microsoft software subscriptions and licenses, and ensures the City computer system is commercially compliant with software licensing agreements.  Prices and Terms are per State of Florida Contract No. 43230000-15-02.  Pursuant to the State Contract, the City may terminate the license and subscription services for convenience.  Also Funds are available in the Information Technology Fund.

 

    Recommendation:  Chief Financial Officer recommends adoption of the

    Resolution. 

 
8.G.Public Works Department - Hall and Ogle Architects, Inc - City Hall and Harbor Plaza Elevators - Work Authorizations No. 4 and 5  (pp. 106-123)

Resolution approving Work Authorizations No.4 and 5 to Hall & Ogle Architects, Inc. 208 Magnolia Avenue, Daytona Beach, FL. 32114 for the Elevator Technical Modernization Specifications for the City Hall and Harbor Plaza elevators. Each Work Authorization will be separately funded in the amount of $ 15,150.00 each for a total of $30,300.  Funds available in the Capital Projects Fund.

 

    Recommendation:  Deputy Public Works Director recommends adoption

    of the Resolution.

 
8.H.

Utilities Department - Stewart and Stevenson FDDA, LLC -Westside Regional Wastewater Treatment Facility - Generator Rental - Sole Source (pp. 124-135) 

 

Resolution approving the continued rental of a temporary emergency generator for nine months from Stewart & Stevenson, FDDA, LLC, 6850 President Drive, Orlando, FL 32809 in the not to exceed amount of $187,497.  Emergency generators are critical to the operation of the Westside Regional Wastewater Treatment Facility.  One of the generators was more than forty years old, required an overhaul, and then diagnosed as unrepairable.  While the generator was being diagnosed, specifications developed, a new generator purchased (to be built and delivered in mid-2017), and bidding for a contractor to install the new generator, a rental generator was approved with Resolution no. 15-96.  A continuation request was authorized with resolution no. 15-308.  The completion of the project is due in August 2017;  this rental request is to continue through September 30, 2017 and should cover the construction, installation and startup of a new generator.  Sole source is being requested due to the rental being a continuation of the original rental period.  Funds are available in the Water and Sewer Renewal & Replacement 5% Fund.

     

    Recommendation:  Director of Utilities recommends adoption of the

    Resolution.

 
8.I.

Finance Department - Allocation of Bike Week Sponsorship Funds

(pp. 136-137)

Resolution authorizing payment from the General Fund in the amount of:

 

$200 to Halifax Urban Ministries, Inc. for Homeless Teens Holiday gifts and party from the Bike Week Sponsorship Funds of Mayor Derrick Henry.

 

$200 to Halifax Urban Ministries, Inc. for Homeless Teens Holiday gifts and party from the Bike Week Sponsorship Funds of Commissioner Ruth Trager.

 

$250 to Halifax Urban Ministries, Inc. for Homeless Teens Holiday gifts and party from the Bike Week Sponsorship Funds of Commissioner Robert Gilliland.

 

     Recommendation:  Chief Financial Officer recommends adoption of the

     Resolution.

 
8.J.Finance Department - Allocation of Bike Week Sponsorship Funds  ** Addendum added 12-21-16**

Resolution authorizing payment from the General Fund in the amount of:

 

$100 to the National Council of Negro Women, Inc. for acknowledgement in the program of the Black History Brain Bowl from the Bike Week Sponsorship Funds of Mayor Derrick Henry.

 

$150 to Halifax Urban Ministries, Inc. for Homeless Teens Holiday gifts and party and $150 to the Mayor's Fitness Challenge from the Bike Week Sponsorship Funds of Commissioner Kelly White.

 

$150 to Halifax Urban Ministries, Inc. for Homeless Teens Holiday gifts and party from the Bike Week Sponsorship Funds of Commissioner Dannette Henry. 

 

    Recommendation:  Chief Financial Officer recommends adoption of the 

    Resolution.

 

 

 

 
9.PUBLIC HEARINGS.
9.A.

Development and Administrative Services, Planning Division - Land Development Code Text Amendment - Amend Article 4.9.B.6

(pp. 138-152)

Ordinance on second reading  - PUBLIC HEARING - amending Article 4.9.B.6. (Modified Use Standards) of the Land Development Code to allow Offices as a permitted use in the Residential Historic Overlay District (HO-R) on certain sites consisting of at least .33 acres located north of Glenview Boulevard through a planned development rezoning process. Applicant: James S. Morris, P.A., on behalf of W.M. & 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 adopt the Ordinance.     

    

 
9.B.

Development and Administrative Services, Planning Division - Chanfrau Law - Rezoning, Planned Development-General  (pp. 153-200)

 

Ordinance on second reading - Quasi-judicial Hearing - 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 office use in conjunction with an exsting law office, and authorizing the Mayor to execute the Chanfrau Law Office 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 adopt Ordinance.

    

 

 
9.C.

Development and Administrative Services, Redevelopment Division - Cosmopolitan - Rezoning to Downtown Riverfront Mixed Use (RDD-4)

(pp. 201-228)

Ordinance on second 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.     

 

    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 adopt the Ordinance.

                       

 
9.D.

Development and Administrative Services, Redevelopment Division - Old Daytona - Rezoning, Downtown Residential (RDD-6)  (pp. 229-259)

 

Ordinance on second 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.    

 

    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 adopt the Ordinance.

 
9.E.

Development and Administrative Services, Redevelopment Division - Land Development Code Text Amendment - Amend Articles 4, 5, and 11

(pp. 260-297)

Ordinance on second 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-specific standards for certain principal uses: and amending Article 11 to add a definition 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.

    Action:  Motion to adopt Ordinance.

          

 
9.F.Development and Administrative Services, Redevelopment Division - Daytona Arcade Museum - Special Use Permit  (pp. 298-330)

 Resolution - Quasi-judicial Hearing - approving a Special Use Permit to allow for an Other Indoor Recreation/Entertainment Use in the RDD-1 zoning district located at 176 N. Beach Street.  Applicant: Sherrie Gray, Daytona Arcade Museum, on behalf of Burgoyne Properties, LTD.

         

    Reed Berger, Redevelopment Director, to report.

 

    Recommendation:  Redevelopment Director recommends adoption of

    the Resolution. 

    Action:  Motion to adopt the Resolution. 

 
10.ADMINISTRATIVE ITEMS.
10.A.

Development and Administrative Services - Indigo International, LLC - LPGA International Golf Course - Real Property Purchase and Sale Contract

(pp. 331-402)

Resolution approving the Real Property Purchase and Sale Contract by and between the City of Daytona Beach ("Seller") and Indigo International, LLC ("Buyer"), P.O. Box 10809, Daytona Beach, Florida 32120 concerning the LPGA International Golf Course.  At the present time, Indigo International, LLC is the current Lessee of the Golf Course by Lease Agreement dated August 28, 1977 with modifications and amendments consisting of approximately 657 acres.  Consideration for the purchase of the property is $1,590,000 to be paid by the Buyer at the time of closing no later than December 31, 2016.  Additional considerations will be as follows:

 

  • An annual surcharge to be paid by Buyer in the amount of $1 per round of golf with a minimum annual payment of $70,000 and a maximum aggregate payment of $700,000.

 

  • Simultaneous transfer from Buyer to the City of Daytona Beach at closing of approximately 14.28 acres of land adjacent to Municipal Stadium.

 

    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. 

 
10.B.Engineering/Public Works Department - City Island Regional Library Play Yard - Interlocal Agreement Acceptance  (pp. 403-424) 

Resolution accepting the City Island Library Play Yard Interlocal Agreement between the City of Daytona Beach and Volusia County providing for the leasing of certain City property on City Island adjacent to the Regional Library for construction and operation of a children's playground and delineating the installation, administration and maintenance responsibilities for the City and County; and authorizing the City to purchase and install a six foot decorative black square stock perimeter security fence for a cost of $27,800.  The property will be leased to the County in five (5) year increments for up to twenty five (25) years at a rate of $500 per five (5) year increment.  The County will be responsible for furnishing, installing, operating and maintaining the playground including lighting, security features other than the gate mounted alert devices, play equipment, cost of utilities and maintenance of all City property within the fenced playground area at their cost.  Funds available in the General Fund.

 

    David Waller, Deputy Public Works Director, to report. 

 

    Recommendation:  Deputy Public Works Director recommends adoption

    of the Resolution. 

    Action:  Motion to adopt the Resolution. 

 
10.C.Public Works Department - Public Works Building - Lowest, Responsive Bid Award  (pp. 425-437)

Resolution approving a contract with the lowest responsive bidder for the base bid only to APM Construction Corp, 424 Luna Bella Lane, Suite #130, New Smyrna Beach, Florida in the amount of $365,300 to construct a new Maintenance Building which is required due to the growth and development of the City of Daytona Beach.  The new Maintenance Building will expand the capacity of all the existing Public Works Facility to better serve the growing City of Daytona Beach Community.  Funds available in the General Government Impact Fees Fund.

     

    David Waller, Deputy Public Works Director, to report.   

 

    Recommendation:  Deputy Public Works Director recommends adoption

    of the Resolution.

    Action:  Motion to adopt the Resolution. 

 
11.PUBLIC COMMENTS - DURING THIS TIME CITIZENS HAVE THE OPPORTUNITY TO ADDRESS THE CITY COMMISSION ON ANY MATTER THAT IS NOT ON THE AGENDA.
12.COMMENTS AND INQUIRIES FROM THE CITY COMMISSION - CITY MANAGER AND CITY ATTORNEY REPORT.
13.ADJOURNMENT.