THE CITY OF DAYTONA BEACH

Regular Meeting - CITY COMMISSION

November 1, 2017

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 October 4, 2017 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.

Development and Administrative Services, Planning Division - Historic Preservation Award - Streamline Hotel  (pp. 15-27)

The Historic Preservation Board is presenting the first Historic Preservation Award to Eddie Hennessy for the Streamline Hotel located at 140 South Atlantic Avenue. This award is for significant contributions to the preservation of local historic resources.

 

Dr. Andrei Ludu, PhD, Historic Preservation Board, 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 Department, Administrative Division - Thompson Consulting Services, LLC – Debris Monitoring and Related Services Contractor – Task Order No. 1– Contract No. 0017-0960  (pp. 29-39)

Resolution approving Task Order No. 1, Grant Management Support Services operating under the new competitively awarded Contract No. 0117-0960 (Thompson Consulting Services, LLC – Debris Monitoring and Related Services) to complete reimbursement requirements for the expenditure of grant services in response to Hurricane Matthew (DR-4283), and authorization for the City Manager to expend the not-to-exceed amount $40,000.00 for additional related services.  City Commission awarded the continuing services contract for Debris Monitoring and Related Services to Thompson Consulting Services, LLC (TCS) on July 05, 2017 per Resolution No. 17-206. TCS has continued to provide Public Assistance (PA) grant management services to the City of Daytona Beach for Hurricane Matthew (DR-4382) diligently to ensure the City receives FEMA assistance.  FEMA and the State historically reimburses the City for a portion of these costs. Assistance for the State and affected local Governments can include as required:

 

•           Payment of not less than 75 percent of the eligible costs for debris removal and emergency protective measures taken to save lives and protect property and public health.  Emergency protective measures assistance is available to state and eligible local governments on a cost-sharing basis including direct federal assistance (Source: FEMA funded, state administered.)

 

•           The State of Florida historically reimburses 12.5% of the remaining balance of the local cost share. General fund balance will be used for any unreimbursed costs and 12.5% (5,000) has been set aside for this agenda item. A future budget amendment will authorize all Hurricane Matthew related costs not covered by FEMA. 

 

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

 
8.B.Utilities Department - CMG Pro Security, Inc. - Security Guard Services for the LPGA Utility Complex - Contract Amendment  (pp. 40-62)

Resolution approving amendment No. 1 to Contract No. 0117-3540 with CMG Pro Security Inc., 1142 Pelican Bay Drive, Daytona Beach, FL 32119 which adds the Westside Regional Utility Complex for security services under the same terms and conditions and approving an expenditure of $15,960 to cover the cost of the security services until the end of the initial contract term of March 20, 2018.  Utilities will appropriate sufficient funds to cover security services for each of the four 1 year renewal terms.  CMG Pro Security Inc., is currently under contract with the City to provide security services to the Peabody Auditorium, Oceanfront Bandshell and Municipal Stadium.  CMG Contract No. 0117-3540 required an amendment to include the Westside Regional Utility Complex in order for CMG to provide requisite security services in compliance with the Department of Homeland Security regulations.  Funds available in the Water & Sewer Fund.

 

Recommendation: Business Enterprise Management Director recommends adoption of the Resolution.

 
8.C.Public Works, Technical Services Division - MCG Services, LLC - Nova Road Trail - Final Reconciliation Agreement  (pp. 63-99)

Resolution approving the Final Reconciliation Agreement with MCG Services, LLC, 2915 Langley Park Court, Orlando, FL 32835, for the Nova Road Trail Project, and to establish the Final Completion date as August 4, 2017.  This agreement is to finalize contract quantities and final payment for services rendered by MCG Services, LLC.  The agreement will also be utilized to confirm the Substantial Completion date of July 12, 2017 and the Final Completion date of August 4, 2017.  The Nova Road Trail Project construction contract was awarded to MCG Services, Inc., for $102,502.00 via Resolution 17-112.  Based on the final project quantities, the total cost for construction was $100,143 which constitutes the final adjusted contract price, and the sum of $10,014.30 constitutes full compensation for all remaining sums due to the Contractor, all of which is reflected in Exhibit A of the Final Reconciliation Agreement.

 

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

 
8.D.

Business Enterprise Management Department - Alan Jay Fleet Sales - Multi-Department Vehicle Replacement Purchases  (pp. 100-127)

 

Resolution authorizing the purchase of twenty one (21) replacement vehicles off the National Joint Powers Alliance cooperative contracts 2017-120716NAF and 2018-120716NAF with options from Alan Jay Fleet, PO Box , Sebring, FL  33871 in the amount of $874,198.32. and amending Resolution No. 17-317, which adopted the City's FY2017-2018 budget to provide for adjustments on revenues and expenditures.   The specific vehicles are for the Police, Fire, Utilities, Finance and Public Works Departments.  Funds are available in various accounts:  LAZ ($14,643.18), Fire Department ($32,977), Grounds Maintenance ($152,968.72), Solid Waste ($20,499.99), Traffic ($21,233.33), Meter Services ($69,997.33), Police Department ($190,993.98), Utilities Department ($141,018.79), and Property Maintenance ($229,866).  

 

Recommendation:  Business Enterprise Management Director recommends adoption of the Resolution.

 
8.E.Utilities Department - Carmeuse Lime, Inc., and Morton Salt, Inc., - Lowest, Best Responsive Bid Award  (pp. 128-154)

Resolution awarding two contracts (ITB No. 0117-2010) to the Lowest, Best Responsive Bidders for chemicals used at the Brennan Water Treatment Plant for one year, with two (2) one-year renewal options with the following stipulations:

 

  • Carmeuse Lime, Inc. - High Calcium Quicklime @ $232.50 / Ton
  • Morton Salt, Inc. - Solar Salt (Sodium Chloride) @ $142.32 / Ton
  • Authorize the City Manager to exercise the renewal options and to expend budgeted funds as needed during the renewal terms for purchases.
  • Authorize the City Manager to approve cost increases allowed by the contract at the time of renewal.

Funds available in the Water and Sewer Fund.

 

Recommendation: Business Enterprise Management Director recommends adoption of the Resolution.

 
8.F.Public Works, Division of Technical Services - Certified Air Contractors, Inc. -City Hall HVAC - Lowest Responsive Bid Contract  (pp. 155-170) 

Resolution awarding the Contract for the Lowest Responsive Bid to Certified Air Contractors Inc., Vendor No.102785, 4189 Dairy Court, Suite B, Port Orange, Florida 32127 in the amount of $297.000.58 to remove the exisitng pnuematic controls system and to furnish and install the new direct digital HVAC control system in City Hall.  Funds available in the Capital Projects Fund ($250,000.73 and the General Fund ($46,999.85).

 

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

 
8.G.

Finance Department - Allocation of Bike Week Sponsorship Funds

(pp. 171-172)

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

 

$250 to Early Learning Coalition of Flagler and Volusia Counties, Inc., for the Dolly Parton Imagination Library Program from the Bike Week Sponsorship Funds of Mayor Derrick Henry.

 

$245 to Cultural Services for Permit Fees for the East Coast River Relay Clean Up event from the Bike Week Sponsorship Funds of Commissioner Kelly White.

 

$200 to Early Learning Coalition of Flagler and Volusia Counties, Inc., for the Dolly Parton Imagination Library Program from the Bike Week Sponsorship Funds of Commissioner Dannette Henry.

 

$250 to Early Learning Coalition of Flagler and Volusia Counties, Inc., for the Dolly Parton Imagination Library Program from the Bike Week Sponsorship Funds of Commissioner Paula Reed.

 

Recommendation:  Chief Financial Officer recommends adoption of the Resolution.

 
8.H.

Fire Department - Hall-Mark RTC - Apparatus Replacement  **Addendum added

10-31-17

Resolution authorizing a statement of intent to use debt financing for and the purchase of one (1) E-One Typhoon Fire Engine Pumper apparatus in an amount not to exceed $450,000 from the authorized dealer Hall-Mark RTC - 725 SW 46th Avenue, Ocala, Florida 34474 and authorizing the City Manager to execute all necessary documents pertinent to this item and the authorization to approve all necessary budget amendments.  To obtain the best available pricing, the E-One apparatus is being purchased from Orange County Contract No. Y13-1056-JS  as E-One has been set as the standardized fire engine manufacturer for the Daytona Beach Fire Department.  Apparatus warranty reimbursement for in-house warranty work has been approved for the apparatus.  Funds available in the General Fund.

 

Recommendation:  Fire Chief recommends adoption of the Resolution. 

 
8.I.Fire Department - Zoll Medical Corporation - Zoll Cardiac Monitor Purchase  **Addendum added 10-31-17**

Resolution authorizing the sole source purchase of two (2) Zoll X-Series Cardiac Monitor/Defibrillators in the amount of $59,999.99 from Zoll Medical Corporation, 269 Mill Road, Chelmsford, Massachusetts 01824-4105.  As adopted in the FY17/18 Capital Improvement Plan, the proposed monitor/defibrillators purchase is year three of a multi-year replacement program to replace essential life saving equipment which is beyond its useful life.  Previous grant funding attempts have been denied.  Funds available in the Capital Projects Fund.

 

Recommendation:  Fire Chief recommends adoption of the Resolution.

 
9.PUBLIC HEARINGS.
9.A.Development and Administrative Services, Redevelopment Division- Land Development Code Text Amendment - Amend Article 6  (pp. 173-185)

Ordinance on second reading - PUBLIC HEARING - amending Article 6.10.O. (Comprehensive Sign Plan) of the Land Development Code to allow a Comprehensive Sign Plan in a Tourist Accommodations (T-l) or Planned Development- Redevelopment (PD-RD) zoning district located on the east side of Atlantic Avenue, south of International Speedway Boulevard on sites consisting of at least 6 acres. Applicant: Robert A. Merrell III. Esq.. Cobb Cole, on behalf of Daytona JV LLC.

 

Reed Berger, Redevelopment Director, to report.

 

Recommendation:   Planning Board recommends approval 6-0.

Action:   Motion to adopt the Ordinance.

 
9.B.Development and Administrative Services, Redevelopment Division  - Comprehensive Sign Plan - Longboard  (pp. 186-264)

Resolution - PUBLIC HEARING - approving a Comprehensive Sign Plan (CSP) for Longboard located at 451 S. Atlanic Avenue. The CSP will apply to the initial phase of the Longboard site which includes two restaurants (Landshark Bar & Grill and Cocina 214 Mexican Kitchen & Bar). Applicant: Robert A. Merrell III. Esq., Cobb Cole, on behalf of Daytona JV LLC.

 

Reed Berger, Redevelopment Director, to report.

 

Recommendation:  Beachside Redevelopment Board recommended approval 6-to-0.  Planning Board recommended approval 6-to-0. 

Action:  Motion to adopt the Resolution.

 
9.C.

Development and Administrative Services, Planning Division - Afshari LPGA - Rezoning, Planned Development-General  (pp. 265-317)

Ordinance on second reading - Quasi-Judicial Hearing - approving a request to rezone 4.5± acres of land located at the northeast corner of LPGA Boulevard and Concierge Boulevard from Planned Development-General (Sun Trust LPGA PD) to Planned Development-General (Afshari LPGA PD) to allow for restaurant and office uses.  Applicant: G. Larry Sims, Doran Sims Wolfe & Ciocchetti, on behalf of Afshari LPGA, LLC. (Continued from the October 18, 2017 Regular City Commission Meeting) 

 

Richard Walton, Planning Director, to report.

 

Recommendation:  Planning Board recommended approval 4-to-0.

Action:  Motion to adopt the Ordinance.

 
9.D.Development and Administrative Services - Afshari LPGA Transportation Improvements Cost Allocation Agreement and Proportionate Fair-Share Contribution  (pp. 318-325)

Resolution - PUBLIC HEARING - authorizing the City to enter into the Afshari LPGA Transportation Improvements Cost Allocation Agreement with Afshari LPGA LLC ("Owner"), 26 Amsden Road, Ormond Beach, Florida 32174 to address traffic concurrency and roadway impacts and approving the proportionate fair-share contribution by Afshari LPGA LLC.  The agreement provides for contribution by Afshari LPGA LLC in the amount of $43,922 for the purpose of installing improvements in the impact area. The Owner will reconstruct the median on LPGA Boulevard at Concierge Boulevard to be a raised concrete median that restricts southbound left turns from the site onto LPGA Boulevard.  Additionally, the existing southbound left turn lane on Concierge Boulevard needs to be striped with reflective paint that restricts southbound left turns onto LPGA Boulevard and must be completed prior to the issuance of the first CO. (Continued from the October 18, 2017 Regular City Commission Meeting)

 

James S. Morris, Deputy City Manager, to report.

 

Recommendation:  Deputy City Manager recommends adoption of the Resolution.

Action:  Motion to adopt the Resolution.

 
10.ADMINISTRATIVE ITEMS.
10.A.Development and Administrative Services, Planning Division - First Amendment to Firetower Road Planned District Agreement  (pp. 326-353) 

Ordinance on first reading - amending the Firetower Road Planned District Agreement, generally located north of International Speedway Blvd., west of LPGA Blvd., and east of Indian Lake Road, to extend the application and construction expiration dates, and authorizing the Mayor to execute the First Amendment to  Firetower Road Planned District Agreement.  Applicant: Robert A. Merrell III, Esq., Cobb Cole, on behalf of Consolidated-Tomoka Land Company/Indigo Development, LLC.

 

Richard Walton, Planning Director, to report.

 

Recommendation:  Planning Board recommends approval 6-to-0.

Action:  Motion to pass the Ordinance on first reading.

     Note:  If passed, Public Hearing, November 15, 2017.

 
10.B.Development and Administrative Services, Redevelopment Division - Land Development Code Text Amendment - Amend Article 5  (pp. 354-368)

Ordinance on first reading - amending Article 5.4.C.13 (Temporary Redevelopment Project Parking Lot) of the Land Development Code to permit additional two-year extensions for temporary redevelopment project parking lots that are located on property that is part of an unexpired development agreement that was approved by the City Commission, that demonstrate a need for the extension, and meet all temporary parking lot standards. Applicant: Don Henderson, Boardwalk at Daytona Development LLC.

 

Reed Berger, Redevelopment Director, to report.

 

Recommendation:  Planning Board motion to approve failed 1-to-4.

Action:  Motion to pass the Ordinance on first reading.

     Note:  If passed, Public Hearing on November 15, 2017.

 
10.C.Public Works Department - Temporary Moratorium on Permitting/Installation of Wireless Communication facilities in City Right-of-Way – 60 Day Extension  (pp. 369-383)

Ordinance on first reading enacting a 60 day extension to the temporary moratorium previously approved via Resolution No. 17-59 and extended via Resolution No. 17-269 regarding the installation and permitting of wireless communication facilities in City Right-of-Way.  The time extension is needed to allow stakeholders time to comment on the draft amendments to Articles III and Article VII of Chapter 86 of the City Code.  Once stakeholder comments have been appropriately addressed, the proposed amendments will be brought before Commission for consideration.  The existing provisions of the City Code and LDC that regulate City Right-of-Way activities, do not contemplate or clearly address the deployment of wireless communication facilities in the Right-of-Way.  Recent changes in State Law, effective July 1, 2017, have impacted the process of drafting the revisions to City regulations.  Additional time is necessary to ensure that the new regulations adopted to address wireless communication facilities are written in a way that adequately advances the City’s interest in regulating City Right-of-Way, while also avoiding violation of these state statutes.  Plus the additional time is needed to address the recent solicitation to stakeholders for review comments. 

 

David Waller, Deputy Public Works Director, to report.

 

Recommendation:  Deputy Public Works Director recommends passing the Ordinance on first reading.

Action:  Motion to pass the Ordinance.

     Note: If passed, Public Hearing on November 15, 2017.

 
10.D.Development Services - City Commission Discussion to select and approve a project architect for the First Step Shelter  (pp. 384-789)

Discussion to select and approve a project architect for the First Step Shelter.  Conceptual project designs have been submitted by William Chapin, Architect, and Hall & Ogle Architects.  At the direction of the City Commission, Bentley Architects & Engineers, Inc., 651 West Warren Avenue, Suite 200, Longwood, Florida, 32750, evaluated conceptual designs submitted by Mr. Chapin and by Hall & Ogle.  Bentley's report and recommendation as to which design and architect to choose has been directly transmitted to the Mayor c/o the City Manager  James Chisholm. Bentley's report and recommendation was prepared and submitted to the Commission without editing or modification by the staff.  Page Five (5) of Bentley's report (Summary of Analysis) recommends the selection of Hall & Ogle Architects utilizing traditional materials and construction methodology.  A Bentley representative has been requested to appear before the Commission to present the report and recommendation to the Commission.  

 
10.E.

Public Works/Technical Services Division - Hall and Ogle Architects, Inc - First Step Shelter - Design Services - Work Authorization No. 7

(pp. 790-815)

Resolution approving Work Authorization No. 7 under the existing Professional Services Contract No. 2005-50 with Hall & Ogle Architects, Inc., 208 Magnolia Ave., Daytona Beach, FL 32114, in the amount of $181,743, for design services required to design and permit the construction plans, and provide technical review assistance for construction of the First Step Homeless Assistance Shelter. 

 

The need for the Shelter project has been supported and substantiated by the assessment of available services, by volunteer advisory committee and community input including local representatives from homeless services providers, City staff, and experts in the field of homeless studies.  Funds available in the General Fund.  (Continued from the October 4, 2017 Regular City Commission Meeting)

 

David Waller, Deputy Public Works Director, to report.

 

Recommendation:  Deputy Public Works Director recommends adoption of the Resolution based upon recommendation of Bentley Architects & Engineers, Inc. 

Action:  Motion to adopt the Resolution based on the outcome of the Discussion to select and approve a project architect for the First Step Shelter.

 
10.F.

Development and Administrative Services, Planning Division - Williamson Crossing - Rezoning, Planned Development-General  **Addendum added 10-31-17**

Ordinance on first reading - approving a request to rezone 21± acres of land located at Williamson Boulevard and LPGA Boulevard from General Industrial (M3) to Planned Development-General (PD-G), to allow for a mixed use development, and authorizing the Mayor to execute the Williamson Crossing Planned District Agreement.  Applicant: Robert A. Merrell III, Esq., Cobb Cole, on behalf of Scott Bullock, Indigo Development LLC.

 

Richard Walton, Planning Director, to report.

 

Recommendation:  Planning Board recommends approval 6-to-0.

Action:  Motion to pass the Ordinance on first reading.

     Note:  If passed, Public Hearing, November 15, 2017.

 
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.