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.

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.

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 final) budget amendment for FY 2015/16, and closes out the budget for the year.

     Recommendation:  Budget Officer recommends adoption of the

     Resolution.

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 filed in federal court against the City arising from an alleged wrongful detention and battery by a law enforcement officer, on December 3, 2013.  Funds are available in the Consolidated Insurance Fund.

     Recommendation:  City Attorney recommends adoption of the

     Resolution. 

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-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 finance 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 financial obligation on the part of the City of Daytona Beach. The Resolution allows issuance of governmental purpose revenue bonds to finance the costs of the 'Eagle Landing Project' in an approximate amount of $59,000,000.

     Recommendation:  Chief Financial Officer recommends adoption

     of the Resolution. 

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 flying 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.

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 profitable. 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.

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 firm 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. 

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 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. 

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. 

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 profits from alcohol sales.  At it's December 7, 2016 meeting, the Community Redevelopment Agency (CRA) will consider a related annual request to fund a portion of the cost for the fireworks display at the Pier for each of the 18 events.

     Recommendation:  Redevelopment Director recommends adoption of the

     Resolution.

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. 

Resolution authorizing a statement of intent to use debt financing 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 financing 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. 

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 efficient customer service space that better serves the citizens of Daytona Beach.  Funds available in the Permits and Licensing Fund.

     of the Resolution. 

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.

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. 

Resolution approving Amendment No. 1 to Work Authorization No. 2 with McKim & Creed (Contract No. 0111-0740-MC) , 139 Executive Circle, 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. 

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 firm 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 firm 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.

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 modification.  Tetra Tech has extensive knowledge of the existing Consumptive Use Permit #8834 and of the hydrology of the well field.  Funds are available in the Water and Sewer Renewal and Replacement 5% Fund..   

          Recommendation:  Director of Utilities recommends adoption of the

          Resolution.

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 fixtures in the north and south parking lots.  Funds available in the Capital Projects Fund.

     Recommendation:  Deputy Public Works Director recommends adoption

     of the Resolution. 

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.

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 fiscal 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.

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 Officer recommends adoption of the

    Resolution. 

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 Officer recommends adoption of the

    Resolution. 

Ordinance on first 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 pass Ordinance on first reading.

         Note:  If passed, Public hearing, December 21, 2016.             

Ordinance on first 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 first reading.

        Note:  If passed, Public Hearing, December 21, 2016.

Ordinance on first 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 pass Ordinance on first reading.

         Note:  If passed, Public Hearing, December 21, 2016. 

Ordinance on first 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 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 pass Ordinance on first reading.

     Note:  If passed, Public Hearing, December 21, 2016.

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. 

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.