MINUTES. December 4, 2013

Transcription

1 MINUTES REGULAR MEETING - CITY COMMISSION December 4, 2013 Minutes of the Regular Meeting of the City Commission of The City of Daytona Beach, Florida, held on Wednesday, December 4, 2013, at 6:00 p.m., in the Commission Chambers, City Hall, 301 South Ridgewood Avenue, Daytona Beach, Florida. 1. Roll Call. Also Present: Commissioner Kelly White Present Commissioner Robert Gilliland Present Commissioner Patrick Henry Present Commissioner Paula Reed Present Commissioner Carl Lentz Present Commissioner Pamela Woods Present Mayor Derrick Henry Present James V. Chisholm, City Manager Marie Hartman City Attorney Letitia LaMagna, Assistant City Clerk 2. Commissioner Henry led the invocation. 3. Commissioner White led the Pledge of Allegiance to the Flag. 4A. APPROVAL OF MINUTES Approval of the minutes of the November 20, 2013 Regular City Commission Meeting will be presented at the December 18, 2013 Regular City Commission Meeting. 5. AGENDA APPROVAL James V. Chisholm, City Manager, read the Agenda changes: Add Item No Allocation of Bike Week Sponsorship Funds - Commissioner Patrick Henry - to the Consent Agenda It was moved by Commissioner Gilliland to approve the Agenda with changes. Seconded by Commissioner Henry. The motion passed 7-to-0 with the breakdown as follows: Commissioner White Yea Commissioner Gilliland Yea Commissioner Henry Yea Commissioner Reed Yea Commissioner Lentz Yea Commissioner Woods Yea Mayor Henry Yea

2 6. PRESENTATIONS A. Presentation from the Community Foundation Volusia & Flagler. Preston Root, Community Foundation of Volusia & Flagler, stated he wanted to present some good news in the community. The Foundation operated in the background of this community and he wanted to bring to the forefront some of the initiatives they have done. Food Brings Hope that provides food for school children and Working with Habitat for Humanity. He presented a seven minute video. The Foundation is doing their year-end planning for all the programs in the video. Commissioner Woods stated she and Mr. Root met several years ago and he helps to support the kids. He takes care of making sure they have gift cards and he does that personally. Mr. Root stated they continue to improve the Foundation with the help of Commissioner Woods and others in the community. Mayor Henry stated it was nice to see Commissioner Woods exhibit the same passion and compassion in the community as she does with us. He thanked Mr. Root and stated it was great to see him continuing his family's history of giving back to the community. B. Presentation from Crime Stoppers of Northeast Florida. Cheryl Lawson-Young, Vice President of Programs for the Northeast Region of Crime Stoppers, stated they had two wonderful students from Bethune-Cookman University that participated in the Crime Stoppers poster contest. This was the first year they added higher education to the contest. They are here to show the first and second place winners. The third place winner was from Stetson University and she was honored Monday at their commission meeting. She announced the second place and first place winners and shared their artwork. The second place winner received $200 and the first place winner received $500. She appreciates the support the Commission gives to Crime Stoppers and Commissioner ]Lentz sits on the board of directors. 7 CITIZENS Reverend L. Ronald Durham, 539 George W. Engrain Blvd., Daytona Beach stated he is the Pastor of Greater Friendship Missionary Baptist Church and Co-Chair of F.A.I.T.H. Last year they asked the Mayor of Holly Hill and our own Mayor Derrick Henry to commit to a Homeless Facility for the most vulnerable here in Volusia County. He thanked Mayor Henry and Commissioner Lentz for the public comments and the commitments they made on that evening. This will give the vulnerable, homeless and less fortunate which would include veterans down on their luck as well as former inmates that can't find jobs a safe place to live until they can get back on their feet again. Father Phil Egitto, 201 University Blvd., Daytona Beach stated he was from Our Lady of Lourdes Church and he was also Co-Chair of F.A.I.T.H along with Reverend Durham, he was present to address 8C on the agenda. The Volusia Safe Harbor is not the Ritz Carlton 2

3 nor is it meant to be a permanent residence. It is a bare bones operation that targets those individuals that want and need help on their way to transitional housing. He thanked all of the City Officials for making Volusia Safe Harbor a reality. Vernon Weatherholtz, 3 Granville Circle, Daytona Beach stated he had four friends and business associates in the City over the weekend and they went down to the Christmas Tree Lighting Ceremony at the Bandshell. They made so many good compliments about the City and they wanted to make sure he addressed the Commission. He was a short time resident of only two years but he wanted to thank the Mayor, City Officials, City Manager as well as staff. His friends wanted him to express their thoughts on their visit to our City. Mike Denis, 625 Lenox Avenue, Daytona Beach spoke concerning the Hard Rock Caf6 project. It was pointed out to him by Dennis Mrozek of the Planning Department that the parking might be a problem. He named some of the options he was given to elevate the parking problem. He asked where the patrons were going to park if they decided to go with gambling as a proposed use of this project. Lloyd Mackey, 636 Lenox Avenue, Daytona Beach stated he was right in the mix of the Hard Rock Caf6 project. He said he came before the Commission before and spoke about his concerns but he felt as if he was wasting his time because everything the Hard Rock asks for the City gives it to them. Betty Mackey, 636 Lenox Avenue, Daytona Beach stated she was against the rezoning of the Hard Rock on the left side of the street. Her feelings were pretty much the same as Lloyd Mackey who spoke before her. They both are dead set against the project being rezoned in their neighborhood. Weegie Kuendig, 718 North Wild Olive Avenue, Daytona Beach wanted to comment on a few items on the agenda. She was glad the City was supporting the Safe Harbor Plan overall. Her concern was that other cities and counties might not want to help us with costs. She heard two representatives from the County talk about this program; it was clear they hadn't read the proposal but worse they viewed homelessness and the partial solution to it as a Daytona Beach problem. In conclusion, we needed to put our feet down and let all of them that benefit from our generosity to bare some of the burdens that are on our residents and neighborhoods. John J. Nicholson, 413 North Grandview Avenue, Daytona Beach spoke about items 8E and 8F that the public wouldn't get a chance to see. He was in support of Safe Harbor but he had a problem with it, he asked the City when it comes before them, do not be the piggy bank for Volusia County. He asked the City to be careful and don't get left holding the bag again when Volusia County backs out as they have done in the past as recently as with the Holly Hill Dog Park. 3

4 Susan Bousquet, 600 Lenox Avenue, Daytona Beach spoke about the Bay Shore Development for the proposed development of the Hard Rock Cafe. Mr. Dennis spoke for many of us in the neighborhood concerning lack of adequate parking. Many residents in the neighborhood are not convinced that the parking as proposed was going to be sufficient to accommodate the traffic and events being held at the Hard Rock Cafe. In conclusion, Lenox Park was a jewel in their community and they wanted to keep it that way. Kimberly Mount, 418 Maple Street, Daytona Beach thanked Mayor Henry for supporting Mainland Senior High School in their 30 year reunion. She commented that, in her area, 401 Maple Street needed speed bumps because people are speeding there regularly and it jeopardizes the safety of their children in that neighborhood. In conclusion, she was also in support of Volusia Safe Harbor because if it gives someone a safe place to sleep and keep them from robbing someone and ending up in prison or worst, she felt whole heartedly it should be supported. Marjorie Johnson, 122 South Keech Street, Daytona Beach stated she was a representative of the Orange Avenue Bridge and wanted to say things were coming along fine with the repairs. Again, she brought up the funds that were approved for streets in the Midtown Redevelopment areas. She also felt as Ms. Mount said earlier Martin Luther King, Jr. should be at the top of that list. In closing she asked what was taking so long to hire the Fire Chief because it had been since May. Percy Williamson hired the Athletic Director in one month's time and the City still hasn't hired the Fire Chief. Launa Taylor, 336 Wilson Avenue, Daytona Beach stated she found it strange they had raised funds to have a parade for the Health Fair to be held at Daisy Stockton Park. While going through their expenditures they found the City was charging them for usage of the park as well as closure of the street, which she found that to be shocking. What she found to be more shocking than that was she received an stating "The City of Daytona Beach presents Parades, Health Fair, Tree Lighting Ceremony and much more!" She wanted to know if the City gave funds and to whom those funds were given for the flyers to be able to make those statements. She is on the committee and she didn't recall receiving any funds from The City of Daytona Beach. Those funds were raised through sponsorships from local businesses that helped to make this possible. She said one half of the funds they raised are being paid to The City of Daytona Beach and she wanted to know what The City of Daytona Beach was contributing because they are taking away the funds that were raised to make this possible for our children. George Toulouse, 338 Ribault Avenue, Daytona Beach stated when the people in the neighborhood learned about giving the Lenox Avenue ramp to the contractor's people in the neighborhood were completely outraged. The reason for their outrage was that most of them moved in this neighborhood to see the waves and feel the ocean wind. He said the temperature in the neighborhood will be raised when the wind is blocked by the height increase. There will be no more wind from the ocean to our homes if you agree to raise the height on that building. He said the City made a big mistake when they rushed to give Bay Shore everything they wanted. 4

5 Donna Cooper, 427 Ellsworth Street, Daytona Beach stated she was present again to talk about the double billing on her water bill. She brought this problem to the Commission back in the month of August, when she was double billed on her water bill. Many people in her neighborhood have the same problem "not everyone can pay their bills on time every time without robbing Peter to pay Paul." The first time this happened she was told it was a computer error, if it's a computer error, fix the computer you're getting the customer's money. She is looking for a resolution to this situation because she is only one person and her bill has doubled since August and she was tired of robbing Peter to pay Paul just to keep her water on. 8. CONSENT AGENDA A. Adopted/Resolution No authorizing the submission of a grant application in two program areas; authorizing acceptance grant if approved for the 2013 U.S. Department of Homeland Security - Assistance to Firefighters Grant, in the amount of $770,000; with a 10 percent match amount of $77,000; and authorizing the City Manager or his designee to execute any documents necessary for the submittal of the grant application. Funds will be used for the procurement of essential Self-Contained Breathing Apparatus and Fire Apparatus to further improve upon the safe operability of the fire protection services we offer our citizens. A RESOLUTION AUTHORIZING SUBMITTAL OF AN APPLICATION TO AND ACCEPTANCE OF FUNDS FROM THE US DEPARTMENT OF HOMELAND SECURITY IN THE AMOUNT OF $770,000 UNDER THE ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM; AUTHORIZING A CASH MATCH IN THE AMOUNT OF $77,000; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ALL NECESSARY DOCUMENTS IN FURTHERANCE OF THE GRANT APPLICATION AND ACCEPTANCE; AND PROVIDING AN EFFECTIVE DATE. B. Adopted/Resolution No authorizing the submittal and acceptance of grant fund is awarded of an ECHO Emergency Historic Stabilization Grant in the amount of $350,000, for the historic Daytona Beach Bandshell; and authorizing the City Manager to execute any and all documents for the completion of the grant. The Bandshell is in need of major repairs to the roof and the coquina rock surface to prevent further water damage from leaks and seepage through the grout that have caused internal damage to the structure and the City sound system. A RESOLUTION AUTHORIZING SUBMITTAL, OF A GRANT APPLICATION AND ACCEPTANCE FROM THE VOLUSIA COUNTY ECHO EMERGENCY HISTORIC STABILIZATION GRANT PROGRAM FUNDS IN THE AMOUNT OF $350,000 FOR REPAIRS TO THE ROOF AND ROOF WALLS AT THE DAYTONA BEACH BANDSHELL; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ALL NECESSARY DOCUMENTS IN FURTHERANCE OF THE GRANT APPLICATION AND ACCEPTANCE; AUTHORIZING AMENDMENT OF THE BUDGET IF THE GRANT FUNDS ARE AWARDED; AND PROVIDING AN EFFECTIVE DATE. 5

6 C. Adopted/Resolution No supporting the proposed Volusia Safe Harbor Program, modeled after the Pinellas County Safe Harbor Program, to provide a cost effective jail diversion program lessening the burden on the criminal justice system, serving as an emergency shelter, and serve as a re-entry portal for inmates released from jail. A RESOLUTION SUPPORTING THE PROPOSED CENTRALLY LOCATED VOLUSIA SAFE HARBOR TRANSITIONAL SHELTER; AND PROVIDING AN EFFECTIVE DATE. D. Adopted/Resolution No approving the renewal of the North Basin Submerged Land Lease Agreement with the State of Florida, Bureau of Public Land Administration, 3900 Commonwealth Boulevard, Tallahassee, Florida, 32399, for the usage of the north boat basin for the Halifax Harbor Marina, for a term beginning August 12, 2013 through August 12, 2023, and will require an annual fee in the total amount of $18, plus sales tax. The annual fee for the remaining years of this lease shall be adjusted pursuant to provisions of Rule , Florida Administrative Code. A RESOLUTION APPROVING THE SOVEREIGNTY SUBMERGED LANDS LEASE WITH THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA FOR SUBMERGED AND FILLED REAL PROPERTY KNOWN AS THE HALIFAX HARBOR MARINA NORTH BASIN FOR A LEASE PERIOD OF TEN YEARS THROUGH AUGUST 12, 2023, WITH AN ANNUAL FEE BASED ON THE SQUARE FOOTAGE OF THE AREA IMPACTED, WITH THE ANNUAL FEE FOR BEING $18,441.76; AUTHORIZING THE CITY MANAGER TO EXPEND FUNDS FOR THE REMAINING LEASE YEARS, SUBJECT TO BUDGET AND APPROPRIATION; AND PROVIDING AN EFFECTIVE DATE. E. Adopted/Resolution No approving an agreement with Alcalde & Fay, LTD. in the amount of $50,000 ($ per month), for professional services in the field of government and public affairs including legislative procedure and regulatory processes, public policy, federal appropriations, and grant programs administered by the Federal Government, for the term of October 1, 2013 through September 30, Specific scope of work will be taking action on City's Federal Issues Program as approved by City Commission. A RESOLUTION APPROVING AN AGREEMENT WITH ALCALDE & FAY, LTD, FOR PROFESSIONAL CONSULTING SERVICES TO REPRESENT THE CITY IN VARIOUS FEDERAL LEGISLATIVE ISSUES, APPROPRIATIONS, AND GRANT ASSISTANCE COMMENCING OCTOBER 1, 2013, AND ENDING SEPTEMBER 30, 2014, FOR A FEE NOT TO EXCEED $50,000; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. 6

7 F. Adopted/Resolution No approving the agreement between Ramba Consulting Group, LLC and the City of Daytona Beach, in the amount of $40,000 ($4,000 per month for ten months), beginning on December 1, 2013 and ending September 30, 2014, for professional services related to state regulatory actions and legislative issues as directed by the City; and authorizing the City Manager to execute said agreement. The scope of work associated with this agreement is to take action on the City's State Issues Program as approved by the City Commission. A RESOLUTION APPROVING AN AGREEMENT WITH RAMBA CONSULTING GROUP, LLC, FOR PROFESSIONAL CONSULTING SERVICES TO REPRESENT THE CITY IN VARIOUS STATE LEGISLATIVE ISSUES, APPROPRIATIONS, AND GRANT ASSISTANCE COMMENCING DECEMBER 1, 2013, AND ENDING SEPTEMBER 30, 2014, FOR A FEE NOT TO EXCEED $40,000; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. G. Adopted/Resolution No approving an agreement with the United States Tennis Association (USTA) and the Florida Tennis Center (FTC) to host a women's professional tennis tournament in January All tournament prize money will come from the USTA and the City will be responsible for miscellaneous expenses directly related to hosting the event; meals for tournament participants and court rental fees, for example. The partnership will allow for a top-notch professional event with very little investment by the City. The FTC youth tennis programs will also benefit as $4,000 will be donated from tournament revenue to supplement youth tennis scholarships. A RESOLUTION APPROVING AN AGREEMENT WITH THE UNITED STATES TENNIS ASSOCIATION INCORPORATED TO HOST A WOMEN'S $25,000 TOURNAMENT AT THE FLORIDA TENNIS CENTER; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT; AUTHORIZING EXPENDITURE OF FUNDS PURSUANT TO THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. H. Adopted/Resolution No approving the Final Plat for RaceTrac LPGA, a Planned Commercial Development, 3.41± acres of land located at the southwest intersection of Williamson Boulevard and LPGA Boulevard; authorizing the mayor and city clerk to execute the contract for plat recording; and authorizing the city manager to sign the final plat and permit recordation thereof upon meeting certain conditions precedent. A RESOLUTION APPROVING THE FINAL PLAT FOR RACETRAC/LPGA SUBDIVISION LOCATED AT THE SOUTHEAST CORNER OF LPGA AND WILLIAMSON BOULEVARDS; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE CONTRACT FOR PLAT RECORDING; AUTHORIZING THE CITY MANAGER TO SIGN THE FINAL PLAT AND PERMIT RECORDATION THEREOF UPON MEETING CERTAIN CONDITIONS PRECEDENT; AND PROVIDING AN EFFECTIVE DATE. 7

8 1. Adopted/Resolution No approving the final adjusted contract price of $873,299.95, with Hazen Construction, LLC, 1599 Tionia Road, New Smyrna Beach, FL 32168, for the Lift Station 63 and Forcemain Improvements Project, including Change Order No. 1, in the amount of $48,500, approved by Resolution for additional force main and restoration work resulting from unsafe conditions at the original connection point; Change Order No. 2, in the amount of $37,586.95, approved by the City Manager under authority of the City Purchasing Code for installation of a new HDPE wetwell liner; and approving the Final Reconciliation Agreement in the amount of $46, The Final Reconciliation Agreement reflects the final contract amount of $873, for full compensation for the balance of the contract including the final payment ($46,737.30) and retainage. This agreement reflects full compensation for all material furnished and all work performed in the construction and completion of the project. It is further understood and agreed the contract completion date is October 25, 2013 and the one-year warranty period on materials, equipment, workmanship, supplies, and appurtenances shall commence as of this date. There is no additional funding associated with this request. A RESOLUTION APPROVING THE FINAL RECONCILIATION AGREEMENT WITH HAZEN CONSTRUCTION, LLC, FOR THE LIFT STATION 63 AND FORCE MAIN IMPROVEMENTS PROJECT IN THE TOTAL AMOUNT OF $873,299.95; AND PROVIDING AN EFFECTIVE DATE. J. Adopted/Resolution No authorizing the sole source purchase of a FOCOS2 Dual Fingerprint Comparator System from Sirchie Corporation, 100 Hunter Place, Youngsville, NC 27596, in the amount of $34,950. The Police Department's current fingerprint comparator is 35 years old and is not functional. The FOCS2 Dual Fingerprint Comparator System provides many additional functions; has a better quality camera imaging system that meets FBI standards for image capture; provides analysts with the best prints for comparison; and has better maneuverability to capture prints from items that can't be dusted for prints. The system will enable the Identifications Section to manually compare fingerprints with advance accuracy, and allows for enhancement of prints through technology provided by the system. A RESOLUTION APPROVING THE PURCHASE OF A FOCOS2 DUAL FINGERPRINT COMPARATOR SYSTEM FROM SIRCHIE CORPORATION, SOLE SOURCE PROVIDER, IN AN AMOUNT NOT TO EXCEED $34,950; AND PROVIDING AN EFFECTIVE DATE. 8

9 K. Adopted/Resolution No approving the purchase of Cisco Data Switching Equipment from Empire Computing and Consulting, 120 N. Frederick Ave., Daytona Beach FL 32114, in the amount of $111, pursuant to Florida State Contract # , to replace three existing core network data switches located at City Hall, Water/Wastewater, and Public Works facilities. The City's data network processes significant amounts of information for financial and public safety applications, computer aided dispatch, public access to government like the City's website and live video streams, citywide internet access, software applications, traffic video management, telephone system interconnectivity, file servers, and . The existing equipment is 14 years old, obsolete, and has been discontinued by the manufacturer. Failure of the existing systems could result in expensive and extended service outages. This is a high priority, time sensitive, preventive and planned maintenance item. A RESOLUTION APPROVING THE PURCHASE OF CISCO DATA NETWORKING EQUIPMENT FROM EMPIRE COMPUTING AND CONSULTING, INC., IN THE AMOUNT OF $111, UNDER FLORIDA STATE CONTRACT NO ; AND PROVIDING AN EFFECTIVE DATE. L. Adopted/Resolution No approving the purchase of various Microsoft (MS) licenses and software assurance through a Microsoft Enterprise Agreement (EA) with Software House International, 33 Knightsbridge Rd., Piscataway, NJ 00854, for a threeyear term beginning January 1, 2014 through December 31, 2016; and authorizing the City Manager to execute contract documents and annual renewals contingent on sufficiency of funds. The first annual payment is $211, The City's existing EA, expires December 31, 2013 and the software assurance is a software subscription that allows the City to update and upgrade purchased licenses. Prices and Terms are per State of Florida Contract # , and pursuant to the State Contract, the City may terminate the license and maintenance services for convenience. A RESOLUTION APPROVING THE PURCHASE OF MICROSOFT SOFTWARE LICENSES INCLUDING SOFTWARE ASSURANCE FROM SHI INTERNATIONAL CORPORATION PURSUANT TO STATE OF FLORIDA CONTRACT NO FOR A PERIOD OF THREE YEARS ENDING DECEMBER 31, 2016; AUTHORIZING EXPENDITURE OF AN AMOUNT NOT TO EXCEED $211, FOR THE FIRST YEAR OF SERVICES; AUTHORIZING THE CITY MANAGER TO EXPEND THE AMOUNTS OF $223, FOR THE SECOND YEAR OF SERVICES AND $232, FOR THE THIRD YEAR OF SERVICES SUBJECT TO BUDGETING AND APPROPRIATIONS; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY DOCUMENTS THAT MAY BE NECESSARY; AND PROVIDING AN EFFECTIVE DATE. M Adopted/Resolution No approving an agreement with Summation360/Tele- Works, 1080 South Main Street, Blacksburg, VA 24060, for a five-year term, subject to early termination rights, to upgrade the City's Interactive Voice Response (IVR) system to an Electronic Bill Presentment and Payment (EBPP) solution, including implementation services ($69,000) and first-year subscription of $54,540, for a total fixed fee of $123,540; and authorizing the City Manager to exercise annual subscription renewals providing sufficient funds are available. Subscription fees will be due annually in the fixed amount of $54,540 per year. The City's current IVR system provides 9

10 telephone based utility billing account lookups and building inspection requests. The proposed solution provides a consolidated bill payment system, and includes improving call flows, adding Spanish language, paperless billing, outbound call/ /text notifications, mobile payment methods, and a customer friendly web payment portal. This purchase is considered a sole source upgrade to an existing City system. A RESOLUTION APPROVING AN AGREEMENT AND STATEMENT OF WORK WITH SUMMATION360/TELE-WORKS, A SOLE SOURCE PROVIDER, FOR THE PURCHASE OF AN ELECTRONIC BILL PRESENTMENT AND PAYMENT SYSTEM FOR THE AMOUNT OF $69,000 PLUS AN ANNUAL SUBSCRIPTION FEE OF $54,540 FOR A PERIOD OF UP TO FIVE YEARS SUBJECT TO BUDGETING AND APPROPRIATIONS; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE CONTRACT DOCUMENTS; AUTHORIZING THE CITY MANAGER TO EXERCISE THE OPTION TO PURCHASE ANNUAL SUBSCRIPTIONS AFTER THE FIRST YEAR, SUBJECT TO BUDGETING AND APPROPRIATIONS; AND PROVIDING AN EFFECTIVE DATE. N. Adopted/Resolution No authorizing payment in the amount of. $150 to National Council of Negro Women Black History Brain Bowl from the Bike Week Sponsorship Fund of Mayor Derrick Henry. A RESOLUTION AUTHORIZING GRANTS FROM THE BIKE WEEK SPONSORSHIP FEES; AND PROVIDING AN EFFECTIVE DATE. 0. Adopted/Resolution No authorizing payment in the amount of. $500 to the Midtown Redevelopment Area Trust Fund for the Light Up Midtown project from the Bike Week Sponsorship Fund of Commissioner Carl Lentz, IV. A RESOLUTION AUTHORIZING GRANTS FROM THE BIKE WEEK SPONSORSHIP FEES; AND PROVIDING AN EFFECTIVE DATE. It was moved by Commissioner Gilliland to dispense with the reading of the Resolutions on the Consent Agenda and to adopt the Resolutions. Seconded by Commissioner White. The motion passed 7-to-0 with the breakdown as follows: Commissioner White Yea Commissioner Gilliland Yea Commissioner Henry Yea Commissioner Reed Yea Commissioner Lentz Yea Commissioner Woods Yea Mayor Henry Yea 10

11 9. PUBLIC HEARINGS A1. Adopted/Ordinance No amending City Code Chapter 78, Solid Waste providing for regulation of the City's Solid Waste Collection and Recycling Program; and providing for fees to be enacted by Resolution instead of by Ordinance. Extensive changes have occurred in Solid Waste Industry Standards, Laws, Regulations and Recognized Best Practices since the City's current Solid Waste Code was adopted in This rewrite of the code updates General Administrative Regulations, the City's contract with Waste Pro, and the regulation of third party franchise providers. Assistant City Clerk LaMagna read the Ordinance on second and final reading by title only. AN ORDINANCE AMENDING CHAPTER 78, CITY CODE, ENTITLED "SOLID WASTE"; REPEALING ARTICLES I, II, AND III OF CHAPTER 78 IN THEIR ENTIRETY; ADOPTING NEW ARTICLES I, II, AND III TO REGULATE SOLID WASTE ACCUMULATION, COLLECTION, TRANSPORT, AND DISPOSAL; PROVIDING DEFINITIONS; PROHIBITING LITTERING; PROVIDING GENERAL RESTRICTIONS RELATED TO PLACEMENT, REMOVAL, TRANSPORT, AND DISPOSAL OF REFUSE; PROVIDING FOR A CITY REFUSE CONTRACTOR TO SERVE ALL REAL PROPERTY IN THE CITY SUBJECT TO CERTAIN EXCEPTIONS; REQUIRING CUSTOMER COMPLIANCE WITH THE TERMS OF THE CITY REFUSE CONTRACT; AUTHORIZING SOLID WASTE SERVICE FEES TO BE ESTABLISHED BY RESOLUTION OF THE CITY COMMISSION WITH AUTOMATIC ANNUAL ADJUSTMENT; PROVIDING FOR BILLING AND PAYMENT OF SERVICE FEES; PROVIDING PENALTIES AND REMEDIES FOR NON-PAYMENT, INCLUDING LIENS ON REAL PROPERTY; ESTABLISHING REQUIREMENTS FOR CONTAINMENT, STORAGE, AND PLACEMENT OF REFUSE FOR PICKUP; AUTHORIZING SPECIAL SERVICE CHARGES; AUTHORIZING APPROVAL OF NONEXCLUSIVE FRANCHISES FOR CERTAIN SERVICES AND SERVICE PROVIDERS; AUTHORIZING A FEE SCHEDULE TO BE ESTABLISHED BY RESOLUTION OF THE CITY COMMISSION FOR NONEXCLUSIVE FRANCHISE, REGISTRATION, AND RELATED FEES; PROVIDING REQUIREMENTS AND STANDARDS FOR APPLICATION, REVIEW, AND APPROVAL OF NONEXCLUSIVE FRANCHISES; ESTABLISHING NONEXCLUSIVE FRANCHISE OPERATIONAL REQUIREMENTS AND STANDARDS; PROVIDING PENALTIES AND REMEDIES FOR FAILURE TO COMPLY WITH NONEXCLUSIVE FRANCHISE REQUIREMENTS AND STANDARDS, INCLUDING ADMINISTRATIVE CHARGES AND SUSPENSION AND REVOCATION OF FRANCHISE; PROVIDING REGISTRATION, REPORTING, AND OPERATIONAL REQUIREMENTS FOR EXEMPT RECOVERED MATERIALS DEALERS; PROVIDING FOR DENIAL, SUSPENSION, AND REVOCATION OF REGISTRATIONYURSUANT TO STATE LAW; PROVIDING FOR APPEALS; PROVIDING PENALTIES FOR VIOLATIONS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. I1

12 John Nicholson, 413 North Grandview Avenue, Daytona Beach asked what the definition of resolution versus ordinance is and why it is being changed. It was moved by Commissioner Gilliland to adopt the Ordinance. Seconded by Commissioner White. The Ordinance was adopted 7-to-0 with the breakdown as follows: Commissioner White Yea Commissioner Gilliland Yea Commissioner Henry Yea Commissioner Reed Yea Commissioner Lentz Yea Commissioner Woods Yea Mayor Henry Yea A2. Adopted/Resolution No adopting the Fee Schedule for the regulation of nonexclusive solid waste contractors in The City of Daytona Beach pursuant to Section of the Code of Ordinances, as amended. Assistant City Clerk LaMagna read the Resolution by title only. A RESOLUTION APPROVING SOLID WASTE FEE SCHEDULES PURSUANT TO CHAPTER 78, CITY CODE; MAINTAINING AND CLARIFYING EXISTING FEES AND CHARGES FOR CITY SOLID WASTE CONTRACT CUSTOMERS CONSISTENT WITH THE CITY REFUSE CONTRACT; ESTABLISHING NEW FEES AND CHARGES FOR NON-EXCLUSIVE SOLID WASTE FRANCHISES AND REGISTRATION BY PROVIDERS AUTHORIZED TO PROVIDE SERVICES NOT EXCLUSIVE TO THE CITY REFUSE CONTRACT; REPEALING ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. No discussion. It was moved by Commissioner White to adopt the Resolution. Seconded by Commissioner Lentz. The Resolution was adopted 7-to-0 with the breakdown as follows: Commissioner White Yea Commissioner Gilliland Yea Commissioner Henry Yea Commissioner Reed Yea Commissioner Lentz Yea Commissioner Woods Yea Mayor Henry Yea 12

13 B. Adopted/Ordinance No amending City Code, Article 10, Alcoholic Beverages, to require an annual permit fee of $100 for establishments selling alcoholic beverages for offsite consumption; and requiring an annual permit fee of $300 for an afterhours permit for establishments selling and serving alcohol beverages for consumption on the premises. The current fee of $25 is not sufficient to cover the cost of processing the initial application and annual reviews. Assistant City Clerk LaMagna read the Ordinance on second and final reading by title only. AN ORDINANCE AMENDING 10-3, CITY CODE, RELATING TO ESTABLISHMENTS DEALING IN THE SALE OF ALCOHOLIC BEVERAGES TO AMEND THE ANNUAL PERMIT FEES FOR EXTENDED HOURS PERMITS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. John Nicholson, 413 North Grandview Avenue, Daytona Beach stated his concerns about raising the permit fees and hours of operation. Samuel Ferguson, 1600 North Patrick Circle, Daytona Beach stated his concerns about raising the permit fees and extending the hours of operation. Mayor Henry stated we have a motion and a second, are there any questions or comments. Commissioner Woods stated I want to make a comment. We talked about this last time and I want to make sure it's clear what I am asking for. For the February 5th meeting that we agreed on, I asked that we look at what the other communities do to deal with the issues. I know Tampa, Jacksonville, Miami Beach, and Orlando are also revising theirs, is to look at how they deal with their problems because as the Chief said everybody does it a little bit different and I wanted us to have the information of how they are all handling it so we would at least have that knowledge to see what we might want to do differently. This still does not address the problems that are mentioned in the report, but as far as after hours, that is all I was asking was for him to compile the other cities they have looked at, how the other cities handle it and let us have it in some kind of summary format. It was moved by Commissioner Gilliland to adopt the Ordinance. Seconded by Commissioner White. The Ordinance was adopted 7-to-0 with the breakdown as follows: Commissioner White Yea Commissioner Gilliland Yea Commissioner Henry Yea Commissioner Reed Yea Commissioner Lentz Yea Commissioner Woods Yea Mayor Henry Yea 13

14 C. Adopted/Resolution No authorizing transmittal of a Large Scale Comprehensive Plan Amendment to state agencies and local jurisdictions for review and comments prior to final adoption. The amendment revises the designated Future Land Use for certain parcels along major corridors in the Midtown Redevelopment Area and amends policies in Redevelopment Element of the City's Comprehensive Plan to be consistent with the adopted Midtown Master Plan/Redevelopment Plan. The Midtown Redevelopment Area is acres and is located generally in the area bounded by the F.E.C. Railroad on the east, George W. Engram Boulevard on the north, Nova Road on the west, and Orange Avenue on the south. The Midtown Redevelopment Area also extends south on Martin Luther King Boulevard to Shady Place. Assistant City Clerk LaMagna read the Resolution by title only. A RESOLUTION AUTHORIZING TRANSMITTAL OF PROPOSED COMPREHENSIVE PLAN AMENDMENTS TO THE STATE LAND PLANNING AGENCY, IN ACCORDANCE WITH CH. 163, PART II, FLORIDA STATUTES; TRANSMITTING AMENDMENTS TO THE FUTURE LAND USE ELEMENT AND THE FUTURE LAND USE MAP; CHANGING THE FUTURE LAND USE DESIGNATION OF NUMEROUS PROPERTIES WITHIN THE MIDTOWN REDEVELOPMENT AREA WHICH IS APPROXIMATELY 598.8± ACRES AND IS GENERALLY BOUNDED BY THE FLORIDA EAST COAST RAILROAD ON THE EAST, GEORGE W. ENGRAM BOULEVARD ON THE NORTH, NOVA ROAD ON THE WEST, AND ORANGE AVENUE ON THE SOUTH, AND HAS AN EXTENSION SOUTH ON MARTIN LUTHER KING BOULEVARD TO SHADY PLACE; AMENDING THE LIST OF FUTURE LAND USE CATEGORIES IN THE REDEVELOPMENT ELEMENT FOR THE MIDTOWN REDEVELOPMENT AREA; REPEALING ALL RESOLUTIONS AND PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING WHEN THIS RESOLUTION SHALL TAKE EFFECT. No discussion. It was moved by Commissioner Reed to adopt the Resolution. Seconded by Commissioner Henry. The Resolution was adopted 7-to-0 with the breakdown as follows: Commissioner White Yea Commissioner Gilliland Yea Commissioner Henry Yea Commissioner Reed Yea Commissioner Lentz Yea Commissioner Woods Yea Mayor Henry Yea 14

15 D. Adopted/Resolution No adopting the Uniform Collection Method for certain nonad valorem assessments. This is a non-binding action to offer the City Commission the option of utilizing a non-ad valorem assessment beginning Fiscal Year (FY) It is a requirement of the State of Florida for the first time collection of assessments on the annual property tax bill and is required prior to January 1 of the year in which collection of a given assessment commences. This action is only one part of a series of required actions to allow for collection of the non-ad valorem assessments on next year's (November 2014) property tax bills mailed by the Volusia County Tax Collector. This proposed action may act as a tool to diversify the funding sources for providing capital infrastructure and essential services which provide a special benefit to property located within the corporate boundaries of the City of Daytona Beach. The decision to impose any assessment, as well as the preparation and submission of the actual assessment roll, will be accomplished by a separate action prior to September This action provides for flexibility on any or all special assessments that Commission may want to consider using during the budget process in FY The Resolution is solely for the purpose of determining whether any future adopted non-ad valorem assessments will be collected on the tax bill commencing in Assistant City Clerk LaMagna read the Resolution by title only. A RESOLUTION DECLARING INTENT TO USE THE UNIFORM METHOD OF COLLECTING NON-AD VALOREM SPECIAL ASSESSMENTS FOR VARIOUS PURPOSES FOR MORE THAN ONE YEAR LEVIED ON REAL PROPERTIES LOCATED WITHIN THE BOUNDARIES OF THE CITY OF DAYTONA BEACH, FLORIDA; STATING A NEED FOR SUCH LEVY; AND PROVIDING AN EFFECTIVE DATE. Commissioner White stated while he is walking up, I just want to confirm that this is a resolution and you are allowed to speak on it. You are allowed to speak on every item that we talk about in public. John Nicholson 413 North Grandview Avenue, Daytona Beach stated he did not understand the item. He asked for clarification for the people at home as well as himself. I know you refused to clarify the last one, so I am asking you again to clarify so that we know what you are voting on and why. It is a simple request. Mayor Henry stated I am going to allow the City Manager to address your concern, but I just want you to understand that the public is entitled to ask us questions and you are entitled to ask us questions but not publicly we do not have to answer. James Chisholm, City Manager stated this particular item is a request to consider going through the process required by the Florida Statutes to establish an assessment for various activities including specifically those that are identified within the resolution such as assessment for fees for fire service and other fees for improvements within the City. The statute requires that we have a public hearing, receive public input and once we have concluded that this particular public hearing and this particular action on the resolution, then at some time in the future if the City should desire to adopt an assessment to implement any of the activities that are identified in this particular resolution the City can do so and be in compliance with state law. That is all we are doing today with this particular item. 15

16 Commissioner Gilliland stated to the City Manager just to clarify when we went through the fire fee issue last year, we had not done this therefore we were going to have to do a special mailing to every person in the City who owns property to move forward, this is simply a procedural matter. We are not saying that we are doing anything but it is just setting the table so we can continue to explore whether or not moving in that direction is in the best interest for The City of Daytona Beach. Mayor Henry stated as we prepare to vote, one resident does not speak or ask questions for the entire City and that is an important point of clarification. Commissioner Woods stated I have one more thing. When we had the Fire Assessment Workshop, which was a public meeting, we said in that public meeting in front of everyone that was present, we were going to do this in December. We said at that point in time that this is what we wanted to do and that is what we are doing tonight which all was done publicly. It was moved by Commissioner Gilliland to adopt the Resolution. Seconded by Commissioner Woods. The Resolution was adopted 7-to-0 with the breakdown as follows: Commissioner White Yea Commissioner Gilliland Yea Commissioner Henry Yea Commissioner Reed Yea Commissioner Lentz Yea Commissioner Woods Yea Mayor Henry Yea 16

17 10. ADMINISTRATIVE ITEMS A. Adopted/Resolution No amending Ordinance No , which adopted the budget, in order to increase revenues by $6,006,213; increase expenditures by $157,274; and increase transfers and capital expenditures by $5,178,939. Of this amount, $4,379,816 is due to the Federal Emergency Management Agency (FEMA) "pass through" grant obtained for the Museum of Arts & Science (MOAS) building construction project. Assistant City Clerk LaMagna read the Resolution by title only. A RESOLUTION AMENDING THE BUDGET TO INCREASE REVENUES, OPERATING EXPENDITURES, CAPITAL EXPENDITURES AND TRANSFERS; AND PROVIDING WHEN THIS RESOLUTION SHALL TAKE EFFECT. No discussion. It was moved by Commissioner Gilliland to adopt the Resolution. Seconded by Commissioner White. The Resolution was adopted 7-to-0 with the breakdown as follows: Commissioner White Yea Commissioner Gilliland Yea Commissioner Henry Yea Commissioner Reed Yea Commissioner Lentz Yea Commissioner Woods Yea Mayor Henry Yea B. Passed/Ordinance amending the Planned Redevelopment District (PRD) and approving a preliminary plat for 0.89± acres of land located at 516 South Grandview Avenue for the purpose of creating 15 single family lots in lieu of the original proposal to establish a phased 17-unit townhome development. Applicant: Parker Mynchenberg, on behalf of WC Grand, LLC - White Challis Redevelopment Co., LLC, Managing Member. Assistant City Clerk LaMagna read the Ordinance on first reading by title only. AN ORDINANCE APPROVING AN AMENDED AND RESTATED W.C. GRAND PLANNED DEVELOPMENT AGREEMENT FOR PROPERTY LOCATED AT 516 SOUTH GRANDVIEW AVENUE; AUTHORIZING SUBDIVISION AND DEVELOPMENT OF 15 SINGLE-FAMILY HOMES ON PLATTED LOTS; APPROVING THE PRELIMINARY PLAT; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE FIRST AMENDED AND RESTATED W.C. GRAND PLANNED DEVELOPMENT WITH W.C. GRAND, LLC; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. Commissioner White stated she is filing Form Conflict of Interests with the City Clerk. Her conflict is that her husband is a partner in White Challis Redevelopment Co., LLC. Commissioner Woods stated she hopes the project will move along with the changes they are making and it will be like the one they are doing downtown. It's looking really good downtown. 17

18 It was moved by Commissioner Gilliland to pass the Ordinance on first reading. Seconded by Commissioner Woods. The Ordinance passed 6-to-0 with the breakdown as follows: Commissioner White Recused Commissioner Gilliland Yea Commissioner Henry Yea Commissioner Reed Yea Commissioner Lentz Yea Commissioner Woods Yea Mayor Henry Yea C. Passed/Ordinance amending the South Atlantic Redevelopment Plan to remove policies encouraging the prohibition of drive-thru and drive-in restaurants on property abutting the west side of Atlantic Avenue (AlA) and the south side of International Speedway Boulevard (ISB). Assistant City Clerk LaMagna read the Ordinance on first reading by title only. AN ORDINANCE APPROVING AMENDMENTS TO THE REDEVELOPMENT PLAN FOR THE SOUTH ATLANTIC REDEVELOPMENT AREA TO DELETE ALL TYPES OF RESTAURANTS FROM THE LISTS OF DESIRABLE AND UNDESIRABLE USES; AND PROVIDING AN EFFECTIVE DATE. Commissioner Woods stated she would like to discuss neighborhood concerns. She clarified that any drive-thru would have to be through a Planned Commercial Development (PCD). Reed Berger, Redevelopment Director stated that is correct that is how it is worded in the next item No. 101). Commissioner Woods clarified that is the only way it can come in, it can't be straight zoning. Mr. Berger stated that was correct. Commissioner Lentz asked Mr. Berger to explain the Planned Development process for the audience. Mr. Berger stated they have an example that will be coming before you for the Hard Rock. It is the first case where we have taken some of the ordinances in other cities. We have incorporated some of that language in there. That will go a long way in describing where and how you can establish one of these. Commissioner Lentz stated a perfect example is the Sunoco at AIA and Silver Beach. Clearly the residents had some reservations about that development and it went through a very lengthy process of meeting with the residents and how the developer and the residents could find the best solution. At the end of the day it was mutually beneficial for everyone involved. We need to have resident input as these processes move forward. 18

19 It was moved by Commissioner Gilliland to pass the Ordinance on first reading. Seconded by Commissioner Woods. The Ordinance passed 7-to-0 with the breakdown as follows: Commissioner White Yea Commissioner Gilliland Yea Commissioner Henry Yea Commissioner Reed Yea Commissioner Lentz Yea Commissioner Woods Yea Mayor Henry Yea D. Passed/Ordinance amending Article 12 (Redevelopment Areas and Districts), Section 2.2 (Uses specifically prohibited) of the Land Development Code (LDC), to allow A-2 and A-3 Restaurants in certain areas of the South Atlantic Redevelopment Area. Assistant City Clerk LaMagna read the Ordinance on first reading by title only. AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE; AMENDING ARTICLE TO ALLOW A-2 AND A-3 RESTAURANTS IN CERTAIN AREAS OF THE SOUTH ATLANTIC REDEVELOPMENT AREA; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. No discussion. It was moved by Commissioner Woods to pass the Ordinance on first reading. Seconded by Commissioner White. The Ordinance passed 7-to-0 with the breakdown as follows: Commissioner White Yea Commissioner Gilliland Yea Commissioner Henry Yea Commissioner Reed Yea Commissioner Lentz Yea Commissioner Woods Yea Mayor Henry Yea E. Passed/Ordinance rezoning 11.3± acres of land located along the block South Atlantic Avenue, Daytona Beach from T-1 (tourist accommodations), T-3 (tourist, office, retail), and R-1c (Single Family) to PR (Planned Redevelopment), for the purpose of developing the Hard Rock Hotel and establishing other uses consistent with the South Atlantic Redevelopment Plan. Applicant: Mark S. Dowst, P.E., of Mark Dowst & Associates, on behalf of Henry Wolfond, Manager of South Atlantic LP, Toronto, Canada. Assistant City Clerk LaMagna read the Ordinance on first reading by title only. AN ORDINANCE AMENDING THE ZONING MAP OF THE LAND DEVELOPMENT CODE TO REZONE 11.3b ACRES OF PROPERTY LOCATED ALONG THE BLOCK OF SOUTH ATLANTIC AVENUE FROM T-1 (TOURIST ACCOMMODATIONS), T-3 (TOURIST, OFFICE, RETAIL), AND R-1C (SINGLE FAMILY) TO PR (PLANNED REDEVELOPMENT) DISTRICT; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE BAYSHORE 19

20 PLANNED DISTRICT AGREEMENT WITH SOUTH ATLANTIC, LP, PERMITTING DEVELOPMENT OF A RESORT HOTEL AND MIXED COMMERCIAL AND MULTIFAMILY USES CONSISTENT WITH THE SOUTH ATLANTIC REDEVELOPMENT PLAN; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. Commissioner White stated she had some comments and questions for clarification. She asked if they were voting in any way to close the Lenox beach approach. Glenn Storch, representing Bayshore Capital stated the City has no jurisdiction. That has been done by the County. The County has already voted to vacate that in return for a new public access and also a new parking area with 23 landscaped parking areas. Commissioner White asked how many seats are in the concert venue. Mr. Storch stated it is only 150 seats in Hard Rock Cafe. Commissioner White clarified that it wasn't a Hard Rock Live. Mr. Storch stated no, and there are no plans at this point for a Hard Rock Live. That would take an amendment to the zoning. Commissioner White clarified we are approving phases I, II and III and even in phase II there is no plan for a Hard Rock Live. Mr. Storch stated you are approving the uses for all three but you are only approving the site plan for I. Commissioner White stated this has been through the Main Street Board and the Planning Board and has been approved by both. She asked how many community meetings they have had. Mr. Storch stated they have had at least three or four. We will continue to do so. Commissioner White stated she and Mr. Storch went through this line by line and she saw a lot of the neighborhood concerns addressed in there. She asked if they are expanding the CRA. Mr. Storch stated you are not expanding the CRA. Reed Berger, Redevelopment Director stated a Planned Development exactly where the Hard Rock owns the property is considered a rezoning of the property. 20

21 Mr. Storch stated he had heard someone say that they were rezoning someone else's property or taking someone else's property...he has never heard that before and he doesn't know where that came from and he is sorry there are still these misunderstandings out there after so many meetings with the community. Commissioner White stated that is why she wanted to talk about it. It's an exciting project but very complicated and for people that don't have a planning background... she thinks it is important for us to be clear about what is in this agreement. She asked what variances we were giving for parking. Mr. Storch stated the Hard Rock Cafe...we are treating that as 50 percent internal capture. The people in the hotel will be using a lot of those seats. Commissioner White stated in the Planned Development Agreement (PDA) it talks a lot about mixed use parking methodology and this is pretty common for our hotels. Mr. Storch stated we are providing every single parking space required for a hotel. Commissioner White clarified we aren't giving any variances... we aren't changing that from what is already in our Code. Mr. Storch stated no. For our condominiums you are allowing for a 1.5 parking space as opposed to a 2.0 parking space. That is the only change he can recall. Commissioner White asked if the legislature approves casino gambling will it be allowed as a primary or accessory use. Mr. Storch stated it would only be used as an accessory use. If by some chance they would allow it, it would only be in phase II and it would come back because we would have to totally redesign it. Commissioner Lentz stated he wanted to point out that one of the concerns for the Citizens would be increased traffic. That is mainly on Lenox. We recommended some alternatives. He knows they have met with them to discuss those alternatives. Having those reassurances will continue beyond the approval process and it is important to them to understand that will happen. There are alternatives to the traffic increase. Mr. Storch stated these are our neighbors and we will continue to be good neighbors. They are part of our customer base. We have already taken some of the things that we learned from that traffic meeting and put them into the agreement. We can change our entrance and traffic signal to not allow any traffic to flow from the Hard Rock into Ribault. The same time we are looking forward to working with them after they meet with their friends in the Seabreeze Neighborhood. Commissioner Woods stated living in the Seabreeze Neighborhood; it is what saved our neighborhood. 21

22 Mr. Storch stated it is not just us; the City has a full commitment. Commissioner Gilliland stated he would like to follow up on the gaming piece of that. Because it is an allowable use doesn't automatically mean they would end up with a casino license. There are many hurdles that would have to be dealt with. Mr. Storch stated the chances of that are fairly slim, but it is nice for us to have that potential accessory use for a hotel. Commissioner Gilliland stated until the legislature changes it, we wouldn't know if it could ever be possible. They could put restrictions in the legislation that would be prohibitive for this location. We are not doing anything to further gaming in Daytona Beach. Mr. Storch stated it is exactly the same language you put in for Daytona Live! Commissioner Gilliland stated he is confident there will be ample parking but we do need to keep an eye on it. We are not going to put a burden into that neighborhood. Someone made mention of eminent domain and the legislature took that right of way for economic development and for private use, so that is not an issue. He would like to encourage Bayshore to use locals on this project. Mr. Storch stated Henry and Andrew have committed to that and 2/3 of the consulting team is locals. Commissioner Reed stated it continues to be an excellent project, but definitely keep the citizens in mind. It was moved by Commissioner White to pass the Ordinance on first reading. Seconded by Commissioner Gilliland. The Ordinance passed 7-to-0 with the breakdown as follows: Commissioner White Yea Commissioner Gilliland Yea Commissioner Henry Yea Commissioner Reed Yea Commissioner Lentz Yea Commissioner Woods Yea Mayor Henry Yea 22

23 F. Passed/Ordinance rezoning 2.01± acres of land, located at 2140 LPGA Boulevard, from M-4 (Industrial Park) to PCD (Planned Commercial Development), and approving a Preliminary Plat in conjunction with the rezoning, to construct an 8,600 square foot bank with drive-thrus and associated site improvements. Applicant: Mark S. Dowst, P.E., on behalf of John P. Albright, President and CEO Consolidated-Tomoka Land Co. Assistant City Clerk LaMagna read the Ordinance on first reading by title only. AN ORDINANCE AMENDING THE ZONING MAP OF THE LAND DEVELOPMENT CODE TO REZONE 2.01V ACRES OF PROPERTY LOCATED AT 2140 LPGA BOULEVARD FROM M-4 (INDUSTRIAL PARK ) TO PCD (PLANNED COMMERCIAL DEVELOPMENT) DISTRICT; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE INTRACOASTAL BANK PLANNED DISTRICT AGREEMENT WITH INDIGO DEVELOPMENT, LLC, AND INTRACOASTAL BANK PERMITTING CONSTRUCTION OF AN 8,600 SQUARE FOOT BANK WITH DRIVE-THRUS AND ASSOCIATED SITE IMPROVEMENTS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. No discussion. It was moved by Commissioner Gilliland to pass the Ordinance on first reading. Seconded by Commissioner Woods. The Ordinance passed 7-to-0 with the breakdown as follows: Commissioner White Yea Commissioner Gilliland Yea Commissioner Henry Yea Commissioner Reed Yea Commissioner Lentz Yea Commissioner Woods Yea Mayor Henry Yea 23

24 G. Adopted/Resolution No approving a partnership agreement between the City of Daytona Beach and the Daytona Beach Area Convention and Visitor's Bureau (CVB/HAAA Daytona Beach) to host the 59th, 60th, and 61st annual National Football Championships in December 2014,2015, and 2016 at the Daytona Beach Municipal Stadium. The CVB/HAAA will provide assistance in planning of the event and $58,000 each year of the event. Assistant City Clerk LaMagna read the Resolution by title only. A RESOLUTION APPROVING AN AGREEMENT WITH THE DAYTONA BEACH AREA CONVENTION & VISITOR'S BUREAU TO ASSIST THE CITY IN HOSTING THE 2014, 2015, AND 2016 NAIA FOOTBALL NATIONAL CHAMPIONSHIP GAMES BY CONTRIBUTING $58,000 ANNUALLY AND PROVIDING IN-KIND SUPPORT SERVICES; AND PROVIDING AN EFFECTIVE DATE. Jeff Hentz, 126 E. Orange Avenue, Daytona Beach stated he is excited by the teamwork demonstrated here tonight by the City and by their team. This is the type of event we want here and this kind of notoriety. He encourages them to approve this item and they look forward to bringing more events here. Commissioner Woods stated these are the kind of events we want to bring here and grow upon. They are events that don't have a big impact in terms of cost of services to the City. They are a demographic that comes and spends money. She is looking forward to it. Commissioner Lentz stated it is an exciting event and thanked them for bringing it forward. It was moved by Commissioner White to adopt the Resolution. Seconded by Commissioner Woods. The Resolution was adopted 7-to-0 with the breakdown as follows: Commissioner White Yea Commissioner Gilliland Yea Commissioner Henry Yea Commissioner Reed Yea Commissioner Lentz Yea Commissioner Woods Yea Mayor Henry Yea 24

25 H. Adopted/Resolution No approving an agreement with the National Association of Intercollegiate Athletics (NAIA), 1200 Grand Boulevard, Kansas City, MO 64106, and The City of Daytona Beach, to host the 59th, 60th, and 61st annual National Football Championships in December 2014, 2015, and 2016 at the Daytona Beach Municipal Stadium. Assistant City Clerk LaMagna read the Resolution by title only. A RESOLUTION APPROVING A CHAMPIONSHIP HOST AGREEMENT WITH THE NATIONAL ASSOCIATION OF INTERCOLLEGIATE ATHLETICS (NAIA) FOR THE 2014, 2015, AND 2016 NAIA FOOTBALL NATIONAL CHAMPIONSHIPS TO BE HELD AT MUNICIPAL STADIUM AT AN ESTIMATED ANNUAL COST TO THE CITY OF $207,305, WITH THE RIGHT TO RETAIN ALL OR PART OF VARIOUS ASSOCIATED REVENUES INCLUDING PARKING, TICKET, CONCESSION, AND TELEVISION ADVERTISING REVENUES; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE CHAMPIONSHIP HOST AGREEMENT; AUTHORIZING EXPENDITURES; AND PROVIDING AN EFFECTIVE DATE. No discussion. It was moved by Commissioner Reed to adopt the Resolution. Seconded by Commissioner White. The Resolution was adopted 7-to-0 with the breakdown as follows: Commissioner White Yea Commissioner Gilliland Yea Commissioner Henry Yea Commissioner Reed Yea Commissioner Lentz Yea Commissioner Woods Yea Mayor Henry Yea 25

26 1. Adopted/Resolution No amending Resolution No to replace the guidelines for the Economic Development Ad Valorem Tax Exemption Incentive Program. The new guidelines will provide an exemption schedule base on comparison of the annual average wage and annual median income (AMI) for Volusia County; and the amount of incentive received by a business will be based on its amount of capital investment and number of new full time jobs created and supported by reports from the company and the Volusia County Property Appraiser. The guidelines provide general information for granting an exemption while still allowing the City Commission the greatest possible flexibility under Florida Statutes to depart from the guidelines in order to stimulate economic development determined to be in the City's best interest. Assistant City Clerk LaMagna read the Resolution by title only. A RESOLUTION ESTABLISHING UPDATED GUIDELINES FOR THE ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION PROGRAM; REPEALING ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. John Nicholson, 413 N. Grandview Avenue, Daytona Beach stated it appears the City is trying to create greater flexibility to draw people to the City. It looks like a way of manipulating figures. Emory Counts, Economic/Community Development Director stated he is not sure he got the whole question or remark. James V. Chisholm, City Manager, asked if they were `manipulating the system'. Mr. Counts stated they were not manipulating the system... what you have before you is available to us by Florida Statutes. What we are trying to do is give it more structure. The Commission always has the ability to depart from the guidelines. It was moved by Commissioner Gilliland to adopt the Resolution. Seconded by Commissioner Woods. The Resolution was adopted 7-to-0 with the breakdown as follows: Commissioner White Yea Commissioner Gilliland Yea Commissioner Henry Yea Commissioner Reed Yea Commissioner Lentz Yea Commissioner Woods Yea Mayor Henry Yea 26

27 11. COMMISSION COMMENTS Mayor Henry stated he would like to remind the public that there is a reason we have that information scrolling at the bottom when residents speak. Certainly we want to hear from residents and we encourage anyone to come down and speak to us but the two minutes are allotted for you to speak to us not to necessarily question us. We regularly meet with residents and correspond with them through amongst many methods that we communicate both as a staff and as an elected body but this venue is to listen to you; with that said we will move forward with our closing comments from our Commissioners. Commissioner White stated yesterday she went with the Volusia Council of Governments (VCOG) to Pinellas County for the Safe Harbor. When she said she would go, she did not think they would be looking at a resolution at tonight's meeting or that they would be discussing it. Pinellas County is in the St. Pete, Clearwater area; it is a little bit bigger county that we are. They have several entities that deal with the homeless in their county so this is just a piece of what they do. They went in vans and drivers provided by Ormond Beach; it was definitely not just a Daytona Beach thing. There were Commissioners from Holy Hill, South Daytona, Daytona Beach Shores and Orange City. New Smyrna Beach had to drop out at the last minute due to a family issue; her point is there was a broad delegation of other cities that were just as passionate and interested in this problem as we are which was really refreshing to see. She had some fantastic discussions with them on the way down there. She explained what it is and how it happened. It is definitely a jail diversion program; a place where people can go right from off the street when the police pick them up or they can actually go there by themselves. What she found really fascinating about it was it is kind of an intake area, you can do their background, you can find their ID's for them, you can figure out who they are, what they need, what they have gotten all in one place it seems to be an easy place that they can go to. They accept everyone, even if they are drunk, on drugs, felons everybody can go in there. If they are what they call "wet" they actually have an outside facility that they go to. It's very high surveillance, lots of video; definitely a law enforcement model but in no way is it cold, from the outside it looks a little sparse but once you get inside it's decorated, there are people from the artist community that have done things in it so it doesn't really feel like a jail. She explained how and why this happened. According to the lieutenant that gave them the tour, in 2008 resources dried up. Their county Sheriff s Department also runs their jail; they have a very big budget and a lot of expenses as well, she thinks about $100 million was cut from their budget so they really had to look at their jail and how they could save money. They looked at the population that was coming into the jail and the homeless population was costing them a lot of money. They had to shut down part of their jail and then the homeless problem was felt even more throughout their community. They got creative and looked at an old bus depot garage; they came up with the idea of actually converting it into a shelter, they were incredibly resourceful with what they did. The News Journal sent a photographer and Eileen Zaffiro is writing an article. The takeaway she got from her visit was it was so reliant on the team of people that were running it; they were so pragmatic and they pulled in so many different partners from the faith based community and from Social Services who were very against this when it was first proposed but now have become huge allies 27

28 because it is a place that they can get to people that they need to serve. It is definitely a team effort. She asked a little bit about numbers and she thinks it costs them about $1.5 million out of their Sheriffs/Jail budget which is a huge budget then they got $250,000 from the cities yearly; they have 28 cities in their county. It's voluntary but she thinks every city except for one contributes yearly. The lieutenant didn't have exact numbers but he guessed that they probably got about $800,000 from in-kind donations from different agencies; all of their food is donated. If you have any questions, well you can't ask me but... the Sunshine Law. She suggested that everyone definitely read the article tomorrow and she looks forward to talking more about it as a county, it is definitely a regional county issue and it was awesome to see so many cities truly engaged in solving the problem. Commissioner Gilliland asked about a presentation. Mayor Henry stated January 10th. Commissioner Lentz stated he thought they could ask questions now. Mayor Henry stated we can talk about anything. Commissioner Lentz stated he had a couple of questions because you said there was a buy in from...and he is going to tie this in to the meeting he filled in for her at VCOG last week. He asked about the buy-in from all 20+ cities. Do all the 20+ cities have a seemingly homeless problem because the homeless problem as we all know is very highly populated in Daytona Beach. Do they have that same centralization of homeless issues. Commissioner White stated downtown St. Pete was definitely the place feeling the brunt of it. The Social Service Director showed her a picture of City Hall with 80 people that slept out there every night; downtown St. Pete was definitely the hub for it. She has been through Pinellas County a lot and there are definitely smaller cities that are not dealing with it at that level. Commissioner Lentz stated and also you said city dollars are involved and in parenthesis it says CRA, were they able to utilize CRA funds. Commissioner White stated there was a City Commissioner from Pinellas Park and he said that what they did was they use 1.8 percent of their CRA funds every year so it was dependant on how well their CRA was doing. Commissioner Lentz stated but if I'm not mistaken they can't. Commissioner White stated that's what he told me. I don't want to get Pinellas Park in trouble but...that was just something I was told. James V. Chisholm, City Manager stated we are going to look at how you can do it or how you can't do it. 28

29 Commissioner White stated she is not suggesting any of these things. Commissioner Lentz stated he wanted to expand on the VCOG meeting, there seems to be a lot of support from the Volusia Council of Governments with the exception of a couple of folks. His comments to them at the end of the meeting when they were discussing the Safe Harbor project was it's not because the Commission at the time was being insensitive or callous but the moratorium that was placed on social services in The City of Daytona Beach was a direct recognition of the fact that Daytona Beach had the bulk of social services in Volusia County. As a result of that moratorium the communities that feels like they don't need to support this project. He thinks that they should come to the realization that if they don't have the problem now as the problem continues to grow and the opportunities in Daytona Beach no longer exist and there is a bigger need; those communities will start to have the same problem. Obviously he does not want to speak on their behalf but he would certainly want to fix the problem before it was an actual issue. He hopes they could come to a resolution there with some of the people who have opposition to it. Mayor Henry stated good job and thanks for standing in for her. Initially when he first met with Judge Schumann about a year ago the first conversation that he had with her was we need to take this to VCOG and immediately he connected her with VCOG and we had her come in and make a presentation. He is very happy that we continue to be a part of VCOG and his feeling is that they have been very overwhelmingly supportive of the members of their body; they have bodies that they have to go back and work with but this has to continue to be a collective effort throughout the entire County. He didn't want to be a big voice in it but he recognized that the perception is that we are the only one with a homeless problem. He pointed this out to one of the cities that just had a school break-in where someone attempted to stab an employee. We are not going to continue to allow the scourge of homelessness to run rampant in our community. That is something we have committed our self to and it is going to happen. We recognize that it is a regional problem. The second thing is that the people in VCOG, his feeling is, recognize Daytona Beach as the sort of economic engine of Volusia County and it is important that we have a good persona and that we are viewed well and that things are running well in Daytona Beach now that might not always appear to be the case but they do recognize that and that is the very message he has been preaching and he thinks that is the reason for this trip and much more that is going on so he was very pleased with what Commissioner Lentz brought back and his representation. Commissioner Woods stated it's the county and the Sheriff's Department there. Sarasota County is about six months ahead of us; she has been following it down there extensively and we are bringing... she was actually down there on vacation when he was there doing all of his studies so like she said she has been following what they have been doing very closely down there, it's the county so she wants everyone... she is just telling you where she is coming from; it's a county issue and she doesn't want anyone to think that it is not. She realizes that we are going to have to take a big chunk of that but she is just saying personally it is a county issue and in the other counties where it is happening the County Commissions or County Councils are taking the lead. 29