CLOSE THE CITY OF DAYTONA BEACH REGULAR MEETING - CITY COMMISSION OCTOBER 5, 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 Offce at least 72 hours in advance. (386) 671-8020 Help for the hearing impaired is available through the Assistive Listening System. Receivers can be obtained from the City Clerk's Offce. 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 Offce not later than three days prior to the proceedings. 1. ROLL CALL. 2. INVOCATION.
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 Offce at least 72 hours in advance. (386) 671-8020 Help for the hearing impaired is available through the Assistive Listening System. Receivers can be obtained from the City Clerk's Offce. 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 Offce 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 September 7, 2016 and the September 21, 2016 Regular City Commission Meeting 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. Human Resources Department - Presentation by Evergreen Solutions, LLC - Workplace Survey (pp. 12-13)
Presentation from Evergreen Solutions, LLC concerning the Workplace Survey. 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 or any other Agenda item that is not under Public Hearings. 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. Victim of Crime Act (VOCA) - Grant Submission and Acceptance (pp. 15-62) Resolution authorizing the submission, and acceptance of a grant application to the State of Florida, Offce of the Attorney General, Victims of Crime Act (VOCA) Program in the amount of $39,553 with a requested required match of $9,888 for a total $49,441, to fund the continuation of the Police Department's VOCA program. This application has passed the VOCA offce technical review and is awaiting fnal approval and award. Funds are available in the Law Enforcement Trust Fund. Recommendation: Chief of Police recommends adoption of the Resolution. 8.B. Police Department - U.S. Department of Justice, Offce of Justice Programs, Bureau of Justice Assistance, FY 2015 Bulletproof Vest Partnership Program - Grant Application Submission, Acceptance, and Expenditure (pp. 63-67) Resolution authorizing the submission of a Federal Grant application to the U.S. Department of Justice, Offce of Justice Programs, Bureau of Justice Assistance, FY 2015 Bulletproof Best Partnership Program, in the amount of $23,336.25 to fund the purchase of bulletproof vests for sworn offcers; authorizing acceptance of grant funds if awarded and a 50 percent City
match in the amount of $23,336.25, totaling $46,672.50; and authorizing the City Manager or his designee to execute any agreement or expenditure of funds related to this grant application. The combined total funding will purchase the mandatory replacement of 60-70 ballistic vests from a vendor to be determined. Funds are available in the Federal Equitable Sharing Forfeiture Fund. Recommendation: Chief of Police recommends adoption of the Resolution.. 8.C. Police Department - Enterprise Leasing Company of Orlando, LLC - Rental Agreement (pp. 68-88) Resolution approving the Preferred Rate Agreement between the City of Daytona Beach and Enterprise Leasing Company of Orlando, LLC, 5442 Hoffner Avenue, Orlando FL 32812 for the rental of ten unmarked vehicles for the Special Investigations Unit (SIU). The Palm Bay Police Department has a preferred rate agreement that the Daytona Beach Police Department will "piggy back" off of. This will be for a term of October 1, 2016 through September 30, 2017. The total cost for the contract is not to exceed $76,000 annually at a rate of $631.50 monthly per vehicle; this will include coverage of all maintenance. During the FY 2015/2016, the Department of Justice Equitable Sharing Agreements received funds which will be used towards this Rental Agreement. This request is also to allow the Budget Offcer to carry forward $52,000 in excess funds received in FY 2016 to the FY 2017 Budget. Funds are available in the Federal Equitable Sharing Forfeiture Fund and the Police Department General Fund. Recommendation: Chief of Police recommends adoption of the Resolution. 8.D. Utilities Department - McKim and Creed, Inc. - Amendment No.1 to Professional Services Contract No. 0415-3100 (pp. 89-114) Resolution approving Amendment No. 1 to Professional Services Contract No. 0415-3100 with McKim & Creed, Inc., 139 Executive Circle, Suite 201, Daytona Beach, FL 32114, to approve additional construction phase services and increase the not-to-exceed fee from $574,086.17 to $755,555.35. The purpose of this request is to obtain additional construction phase services including full time construction observation and capital funding administration services for the Halifax River Force Main Improvements project. Funds are available in the Water and Sewer Improvement Construction Fund.
Recommendation: Director of Utilities recommends adoption of the Resolution. 9. PUBLIC HEARINGS. 9.A. Development and Administrative Services, Planning Division - 1920 Beach House Bed and Breakfast - Special Use Permit (pp. 115-160) Resolution - PUBLIC HEARING - approving a Special Use Permit for a Bed and Breakfast located at 507 Jessamine Boulevard within the Seabreeze Historic District with conditions. Applicant: Colleen Miles, Land Development Resource Group, on behalf of James & Joann King. Richard Walton, Planning Director, to report. Recommendation: Historic Preservation Board recommends approval with conditions 7-to-0 and the Planning Board's motion to approve failed 2-to-4 with Historic Preservation Board conditions and staff conditions. Action: Motion to adopt the Resolution. 10. ADMINISTRATIVE ITEMS. 10.A. Development and Administrative Services, Planning Division - Bayberry Cove - Rezoning, Planned Development-General (pp. 161-193) Ordinance on frst reading - approving a request to rezone 764.7± acres of land from Planned Development-General (PD-G) and Volusia County A-2 (Rural Agricultural) to Planned Development-General (PD-G) located on International Tennis Drive to allow for a maximum of 1200 single family residential homes and associated site improvements, and authorizing the Mayor to execute the Planned District Agreement. Applicant: Robert A. Merrell III, Esq., Cobb Cole, on behalf of John P. Albright, Consolidated- Tomoka Land Co. Richard Walton, Planning Director, to report Recommendation: Planning Board recommends approval 6-to-0. 10.B. Development and Administrative Services, Planning Division - Lake Mason Retreat - Rezoning, Planned Development-General (pp. 194-230)
Ordinance on frst reading - approving a request to rezone 11.9± acres of land from Business Retail-2 (BR-2) to Planned Development-General (PD- G) located on the corner of Mason Avenue and Jimmy Ann Drive to construct a 144 unit multifamily complex with associated amenities and site improvements, and authorizing the Mayor to execute the Planned District Agreement. Applicant: Pete Zahn P.E., Zahn Engineering, Inc., on behalf of Mezcla One, LLC/Gaihuan Ni. Richard Walton, Planning Director, to report. Recommendation: Planning Board recommends approval 6-to-0. 10.C. Development and Administrative Services, Planning Division - 7-Eleven - Rezoning, Planned Development-General (pp. 231-447) Ordinance on frst reading - approving a request to rezone.9± acres of land from Business Retail (BR-1) to Planned Development-General (PD-G) located at 325 Seabreeze Boulevard to allow a gas station in addition to a 24 hour convenience store and associated site improvements, and authorizing the Mayor to execute the Planned District Agreement. Applicant: Susan Lorentz, Interplan, LLC and Robert A Merrell III, Esq., Cobb Cole on behalf of David Steiner. Richard Walton, Planning Director, to report. Recommendation: Planning Board's motion to approve with gas pumps failed 2-to-4 and motion to approve without gas pumps approved 6-to-0. 10.D. Development and Administrative Services, Planning Division - Land Development Code Text Amendment - Amend portions of Article 9 of the Land Development Code (pp. 448-457) Ordinance on frst reading - amending portions of Section 9.1 (Florida Building Code and Local Amendments) and Section 9.2 (International Property Maintenance Code and Local Amendments) of the Land Development Code that were incorrectly transitioned in the adoption of the new Land Development Code. Applicant: Development and Administrative Services Department, Planning Division. Richard Walton, Planning Director, to report.
Recommendation: Planning Board recommends approval 6-to-0. 10.E. Legal Department - Sexual Offender Residence - City Code Amendment (pp. 458-496) Ordinance on frst reading - amending Section62-201, City Code, as adopted by Ordinance No. 11-222 and amended by OrdinanceNo. 11-298, relating to the place of residence of sexual offenders within thecity; revising certain provisions to conform with the language of sections 775.21 and 947.1405, Florida Statues. Robert Jagger, City Attorney, to report. Recommendation: Commission Action. 10.F. Engineering/Public Works Department - Indigo Development, L.L.C. - Integra Sands Final Plat - Approval Contract for Plat Recording (pp. 497-533) Resolution approving the Final Plat for Integra Sands Apartment Complex, and the Contract for Plat Recording. The fnal plat and contract for plat recording were previously approved under Resolution 15-267. The fnal plat is presented to the City Commission again for approval as a result of a request by the developer to change a street name on the plat. Brent Cohen, Design Development Project Manager, to report. Recommendation: Deputy City Manager recommends adoption of the Resolution. Action: Motion to adopt the Resolution. 10.G. City Manager's Offce - Police and Fire Pension Fund Board - Appointment (pp. 534-544) Resolution appointing one (1) member to the Police and Fire Pension Fund Board. Thomas Blawn, who was appointed by the City Commission has resigned with a term expiration date of 12/31/19. City Charter, Sub-pt. D, 3, amended by Ord. No. 96-261, 96-405, 10-322, and Florida Statutes, Sections 175.061 (1)(2), 175.351[15(a)4], and 185.05(1), and 185.35(4)(a)
regulate the selection of fve Trustees: two (2) of whom, unless otherwise prohibited by law, shall be legal residents of the City, who shall be appointed by the Daytona Beach City Commission, one (1) of whom shall be a Police Offcer Member of the System and one (1) of whom shall be a Firefghter Member of the System, who shall be elected by a majority of the Police Offcers or Firefghters, respectively, who are Members of the System. The ffth Trustee shall be chosen by a majority of the previous four (4) Trustees as provided for herein, and such person's name shall be submitted to the Daytona Beach City Commission. Upon receipt of the ffth person's name, the Daytona Beach City Commission shall, as a ministerial duty, appoint such person to the Board of Trustees as its ffth Trustee. We have received four applications for this opening: Dennis Jones, Yvonne Newcomb-Doty, Dwayne Taylor and Daniel Bolerjack. Betty Goodman, Assistant City Manager, to report Recommendation: Commission action. Action: Motion to adopt the Resolution. 10.H. Police Department - Announcement - Public Comment Period for Edward Byrne Memorial Justice Local Grant Assistance (JAG) Program (pp. 545-549) As part of the requirement for the U. S. Department of Justice, Offce of Justice Programs, Bureau of Justice Assistance, FY 2016 Edward Byrne Memorial Justice Assistance Grant (JAG) Local Solicitation there is a 30- day public comment/governing body review period September 7, 2016 through October 19, 2016. Public comments must be addressed in writing and submitted to the Police Department's Grants Specialist. This grant is used for the Juvenile Electronic Monitoring (JEM) Program. No additional action is required by the City Commission. 11. DISCUSSION. 11.A. City Commission Discussion - Allocation of Homeless Funds (pp. 550-551) City Commission Discussion on allocation and accountability of the budgeted $400,000 for homeless initiatives. 12. PUBLIC COMMENTS - DURING THIS TIME CITIZENS HAVE THE OPPORTUNITY TO ADDRESS THE CITY COMMISSION ON ANY MATTER THAT IS NOT ON THE AGENDA.
13. COMMENTS AND INQUIRIES FROM THE CITY COMMISSION - CITY MANAGER AND CITY ATTORNEY REPORT. 14. ADJOURNMENT.