MINUTES REGULAR MEETING - CITY COMMISSION. October 16, 2013

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1 MINUTES REGULAR MEETING - CITY COMMISSION October 16, 2013 Minutes of the Regular Meeting of the City Commission of The City of Daytona Beach, Florida, held on Wednesday, October 16, 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 Paula Reed Present Commissioner Carl Lentz Present Commissioner Pamela Woods Present Commissioner Kelly White Present Commissioner Robert Gilliland Present Commissioner Patrick Henry Present Mayor Derrick Henry Present James V. Chisholm, City Manager Marie Hartman City Attorney Jennifer L. Thomas, City Clerk 2. Commissioner Henry led the Invocation. 3. Commissioner Reed led Pledge of Allegiance to the Flag. 4A. APPROVAL OF MINUTES Approval of the minutes of the August 28, 2013 Budget Workshop - City Commission and the October 2, 2013 Regular City Commission Meeting held at City Hall, 301 South Ridgewood Avenue, Daytona Beach, Florida. It was moved by Commissioner White to adopt the minutes. Seconded by Commissioner Reed. The motion passed 7- to-0 with the breakdown as follows: Commissioner Reed Yea Commissioner Lentz Yea Commissioner Woods Yea Commissioner White Yea Commissioner Gilliland Yea Commissioner Henry Yea Mayor Henry Yea

2 5. AGENDA APPROVAL James V. Chisholm, City Manager read the Agenda changes: Pull Item No. 8C - Economic Development - Ad Valorem Tax Exemption Program - Update - from the Agenda. Move Item No. 8G - East ISB - Road Improvement Project - Work Authorization No. 1 - to Administrative Items. Amend the dollar amount on Item No. 8G - East ISB - Road Improvement Project - Work Authorization No. 1- the dollar amount should be $36, not 37, It was moved by Commissioner Gilliland to approve the Agenda with changes. Seconded by Commissioner Woods. The motion passed 7-to-0 with the breakdown as follows: 6. PRESENTATION Commissioner Reed Yea Commissioner Lentz Yea Commissioner Woods Yea Commissioner White Yea Commissioner Gilliland Yea Commissioner Henry Yea Mayor Henry Yea 6A. BEAUTIFICATION AWARDS - OCTOBER 2013 Marti Grimshaw, Member Beautification Tree Advisory Board awarded the Residential Beautification Award for the month of October 2013 to Ed and Mary Goad, 1612 Crescent Ridge Road. Mr. and Mrs. Goad have been residents of Daytona Beach for 13 years. The house was built in 1950 by Gaulden Reed, one of Daytona Beach's leading builders of that era. The Goads takes care of the landscaping and beatification of the property. Mr. Grimshaw read the list of plants, shrubs, flowers and trees used in the landscaping beautification. Commissioner Carl Lentz, Zone 1 presented the award The City of Daytona Beach. He thanked the Goads for the care they give to their property. The Commercial Beautification Award for the month of October2013 was awarded to The Meeting House at Daytona, 850 North Clyde Morris Boulevard. This property is owned by Chris and Carol Finlay, of Finlay Development, LLC, with Barbara Hernley serving as the Acting Manager. The Meeting House has been in the Daytona Beach area for five years. The apartment was constructed in 2008 with a purpose of senior living. Mr. Grimshaw read the list of plants, shrubs, flowers and trees used in the landscaping beautification. 2

3 Mayor Henry presented the award and thanked The Meeting House at Daytona and stated that it is one of his favorite places. 7. CITIZENS Richard Kane, Former Mayor 1110 Balboa Drive, Daytona Beach spoke about an economy stimulus regarding tattoo parlors for local merchants in the City. He asked the Commission to take repealing the Ordinance of banning tattoos into consideration. Cedric Argrett, 546 Loomis Avenue, Daytona Beach stated he had been a resident of Daytona Beach for the past 57 years; he spoke about the retention pond behind the Midtown Cultural Center. It would be beneficial for not only the youth but the community as a whole to have the retention pond covered and in its place and the City should build a park or ball field of some kind. John J. Nicholson, 413 North Grandview Avenue, Daytona Beach stated this was an "I told you so", about the ball field being taken away at the Midtown Cultural Center. The community needed that ball field to remain at that site he told them that when it was in the planning stage to remove it. Darnell Troutman, 327 Jefferson Street, Daytona Beach stated he wanted the Commission to consider replacing the ball fields in the Midtown community where they have been replaced with retention ponds. There is no place in the community for his grandchildren to play ball other than in the streets, which is not safe. Sammie Davis, 737 Iowa Street, Daytona Beach stated he also had concern about the retention pond and its safety, as well as the land availability to the community. That land used to be an athletic field for the youth in the community and they now have replaced it with the retention pond which is taking away from not only the youth activities but also the community as a whole. Eyvette Troutman, 1121 Barbara Drive, Daytona Beach read a letter on behalf of the citizens in the Midtown area concerning the retention pond behind the Midtown Cultural Center. This letter was speaking against the retention pond and they would very much like to have this pond removed and replaced by a ball fields. Tommie L. Robinson, Jr. 364 Weaver Street, Daytona Beach read a letter presented by Dr. Ronald L. Durham, Greater Friendship Baptist Church and Black Clergy Alliance in support of the citizen in Midtown area against the retention pond behind the Midtown Cultural Center. Jennifer L. Thomas, City Clerk introduced Tommy Roland; he was not present. 3

4 Marjorie Johnson, 122 S. Keech Street, Daytona Beach stated there is a criminal element on her street due to her having a brand new car in her drive-way that was stolen on last Saturday. After numerous calls to the Police Station asking to speak to a Desk Sergeant she was told there was no Desk Sergeant. When the Police Station was on Jean Street at least the service was accessible to the community and now you can't even reach a Police when you need one. Jennifer L. Thomas, City Clerk stated that was the final speaker. Mayor Henry stated before moving forward he asked if the Commission had any commentary on any of the comments that had been made by the public speakers. Commissioner Gilliland commented that obviously the covering of the retention pond was not budgeted and it was not going to happen over the next twelve months. However; that did not mean there was not going to be grant money that we could not go and apply for. The size of that pond was calculated by Engineering and the St. John River Management District requirements; so the size was not picked by the City Commission. We have invested over $6 million dollars at that center which is the largest investment the City has ever made in Daytona Beach. It's not going to be an easy solution and its going to take some time but somehow we have got to get athletic fields back into that part of the community. Mayor Henry stated he realized children certainly need a place to play. The entire facility was designed and built with children and seniors in mind. This is a state of the art facility and it is second to none. They have always sort out other alternatives to locate places where the space is available for the children to continue with their practices. Case and point being they have worked out a deal with the School Board to use the Campbell Junior High School facilities and field for practices. He was in agreement with Mr. Troutman when he said we only have so much land available in our City to work with. Another thing that has to be done in that area is we have to do more things to attract more people to that particular community. The use in that particular area is actually decreasing a great deal at this time; the use of that facility is not nearly as high as the facility at Derbyshire in terms of the numbers. Also, as Commissioner Gilliland stated there is a lot of issues to look at and the sparsety of money also being on that list. If there is something our children are lacking, we will do what we can to ensure they have the space for recreation. In his opinion he felt this Commission has proven they are not going to shortchange children. In closing he stated he would be more than happy to speak with those citizens concerning this matter at another time. Commissioner Lentz stated we would clearly need Engineering to tell us if St. John River Water Management District would even allow us to minimize the size of the retention pond. One thing that caught his attention in this was the safety issue. We need to determine the difference between the safety aspects versus the leisure aspect. If there is a safety concern with the retention pond it needs to be addressed immediately, because one single child loss due to this retention pond would be devastating for this community. 4

5 Commissioner Woods stated to Commissioner Lentz that before he was on the Commission they had some of these conversations. Someone sitting in the audience could think that the Commission has done nothing for that community and that could not be farther from the truth. The pool and the recreation facility in Midtown being rebuilt and the park that is right next to it. She was confused when the citizens were saying there were no recreation facilities for children in the community. Also; she thought there was another phase to what the City would be doing in that community. She asked Mr. Chisholm if he would please give a report to what was the other part of this plan. Mr. Chisholm stated if he remembered correctly there was going to be a ball field built and outside courts, so there is two more phases of this project. He called Percy Williamson, Leisure Services Director to come to the front and report at this time. Percy Williamson, Leisure Services Director reported the Martin Luther King Walking Trail is on the corner of George Engram and Nova Road which is very much used at the Center. To answer the question the retention pond was fenced in approximately a year and a half ago, so safety is not a problem at this time. In 2005; he and the City Manager stood out at Cypress and there was this tree growing from the middle of the pool which had been closed by the Health Department. At that time the City Manager asked him to put together a Parks Master Plan which they did in The PAL Center was rundown, shabby and on its last leg. As he stated the pool had a tree growing in the middle of it and there was nothing going on at the center. At a meeting that was held there by the Commission and the citizens of the community they were all very embarrassed at that point we decided to plan out over a number of years, a Master Plan. The first phase consisted of demolishing the existing pool and building a $1.3 million Cypress Aquatic Center of which the majority of the money came from grants. This was the first time anything had been done in that part of town in over 40 years at that pool. This was done in phases with the first phase being the pool, second phase was the Community Center, third phase is all the outside amenities and before the end of the year they hoped to have phase IV which is the lighted Basketball Courts. They have already received the monies from the Racing and Recreation Board to install outside Basketball Courts along with the lights. They also have plans to put in Tennis Courts and Baseball Fields which will also be at that Center. All of the outside amenities are yet to be done before this Master Plan is completed. It has taken from 2005 to get to this point but the City has spent multimillion dollars to make that area better and he was very proud of what has been done. The fields at the Midtown Cultural Center has been available to play on since the Center opened in May He has yet to have anyone call him asking for access to play on those fields. All of the associations that are in contact with him are very content to continue playing and practicing at Derbyshire. Also; if need be as the Mayor has stated we have access to the facility at Campbell Middle School and Hinson Middle School as well if any has a need to use their facilities. Prior to any work being done there were six community meetings held at the Cypress Recreation Center, four community meetings were also held at the Tubman King Church prior to any of this being done and again at neither of those meetings held at either place did this issue come up not even one time. It never came up prior to two weeks before opening the Center or if it had the issue would have been addressed. 5

6 Mr. Chisholm stated to Percy Williamson that he had done an excellent job with the plan. The outside was taken into consideration when the design was initially done because we wanted to make sure that ball field was still available for the use in outside activities. He did not know what the pond would take away from what the City has planned at that site, but there are other areas that are not very far away from this one that has that kind of feel that these folks are talking about. He was very proud of this Master Plan and so was Percy Williamson and he had the right to be proud. The City has made a great investment over there and he hoped that it gets used by the children in the community. Mayor Henry stated in closing he felt that the City has provided an adequate facility for our children to play at. He wanted to say to the community at large $500,000 is a lot of money. And in today's hard economic times he could not justify spending that amount of money without first prioritizing to see where the money should be spent. 8. CONSENT AGENDA B. Adopted/Resolution No authorizing the City to exercise the first of 10 one-year renewal options with Halifax Hospital Medical Center (EmployMed), 400 N. Clyde Morris Boulevard, Daytona Beach, FL 32114, under contract (Resolution No ), for a term from December 5, 2013 through December 5, 2014, for services including: drug screening for new hires; drug screening for our random testing for employees with CDLs, Police, and Fire; drug screening for all other current employees, and Police and Fire post-offer physicals; and authorizing the City Manager to exercise any future renewal option under the contract. The estimated annual cost is $30,000, with an average annual cost of $28,000 over the past five years. A RESOLUTION EXERCISING THE CITY'S OPTION TO RENEW THE CONTRACT WITH HALIFAX HOSPITAL MEDICAL CENTER FOR AS NEEDED MEDICAL SERVICES FOR A TERM OF ONE YEAR; AUTHORIZING THE CITY MANAGER TO EXERCISE ANY REMAINING RENEWAL OPTIONS SUBJECT TO BUDGETING AND APPROPRIATION; AND PROVIDING AN EFFECTIVE DATE. C. Pulled/Resolution amending Resolution No to update the Guidelines for the Economic Development Ad Valorem Tax Exemption Program. The current language references antiquated procedures and organizations that are no longer in existence. The proposed language will provide a recommended exemption schedule based on the comparison between the annual average wage being created by the new or existing business that is expanding and the annual median income (AMI) for Volusia County. The recommended exemption schedules together provide general guidelines for granting an exemption while still allowing the City Commission the greatest possible flexibility under Florida Statutes to depart from these guidelines to stimulate economic development determined to be in the City's best interest. On September 18, 2013 the Economic Development Advisory Board reviewed the guidelines and recommends them for approval. A RESOLUTION AMENDING THE CITY'S GUIDELINES FOR THE ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION PROGRAM; AND PROVIDING AN EFFECTIVE DATE. 6

7 D. Adopted/Resolution No approving the Community Housing Development Organization (CHDO) Agreement with Central Florida Community Development Corporation (CFCDC), Daytona Beach, FL, for the development of affordable rental housing, in the amount of $219,609. CFCDC was the only respondent to the Request for Proposals (RFP) requesting responsible proposals to utilize these funds. The funds must be used to create affordable rental housing for eligible households per the City's program requirements and applicable Federal Home Investment Partnerships Program (HOME) program regulations. CFCDC proposes to use the funds to acquire and rehabilitate existing housing to create decent, safe, sanitary, and affordable in compliance with all applicable guidelines. HOME regulations require that fifteen percent (15%) of the City's annual funding allocation be reserved for affordable housing development by qualified CHDO's. A RESOLUTION ACCEPTING THE PROPOSAL OF CENTRAL FLORIDA COMMUNITY DEVELOPMENT CORPORATION, TO DEVELOP AFFORDABLE RENTAL HOUSING FOR ELIGIBLE HOUSEHOLDS IN ACCORDANCE WITH THE CITY'S PROGRAM REQUIREMENTS AND APPLICABLE FEDERAL HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAM REGULATIONS, FOR AN AMOUNT NOT TO EXCEED $219,609, SUBJECT TO TERMS AND CONDITIONS OF AN AGREEMENT FOR DEVELOPMENT OF AFFORDABLE RENTAL HOUSING; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. E. Adopted/Resolution No approving the Cooperative Agreement with Team Volusia Economic Development Corporation (TVEDC), to provide certain economic development services related business recruitment for the City at an annual cost of $30,500 with an option to renew for two (2) additional one-year terms. The annual cost is calculated based on the City's population per U.S. Census data times the.50 per capita rates charged to TVEDC members. The economic development services provided will include: recruitment of domestic and international business prospects, assistance in identifying prospective locations for prospects, preparation of recruitment packages, provision and maintenance of a county-wide web-based commercial property inventory, uniform prospect tracking and reporting system. TVEDC will also provide financial accountability and measurement of TVEDC economic development activities/programs and accomplishments. At their September 18, 2013 meeting, the Economic Development Advisory Board recommended approval. A RESOLUTION APPROVING THE COOPERATIVE ECONOMIC DEVELOPMENT AGREEMENT WITH TEAM VOLUSIA ECONOMIC DEVELOPMENT CORPORATION FOR THE RECRUITMENT OF NEW BUSINESS AND RETENTION AND EXPANSION OF EXISTING BUSINESSES FOR A ONE-YEAR TERM ENDING SEPTEMBER 30, 2014, AT A FEE OF $30,500; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. 7

8 F. Adopted/Resolution No approving a Sidewalk Caf6 License Agreement with Ross Enterprises of Daytona, Inc. to provide outdoor table service in the RDD-1 (Beach Street retail) zoning district at 180 North Beach Street. On September 10, 2013 the Downtown/Ballough Road Redevelopment Board recommended approval of the item 7- to-0. A RESOLUTION APPROVING AN AGREEMENT WITH ROSS ENTERPRISES OF DAYTONA INC., OWNER OF DEL MAR CAFE LOCATED AT 180 NORTH BEACH STREET, TO ALLOW OUTDOOR TABLE SERVICE ON ADJACENT PUBLIC SIDEWALK PURSUANT TO ARTICLE 12, LAND DEVELOPMENT CODE; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A SIDEWALK CAFE LICENSE AGREEMENT FOR AN AUTOMATICALLY RENEWABLE ANNUAL TERM COINCIDING WITH THE BUSINESS TAX PAYMENT AT AN ANNUAL RATE OF ONE DOLLAR PER SQUARE FOOT, PLUS SALES TAX, AND PROVIDING CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE DATE. H. Adopted/Resolution No approving Work Authorization No. 7 under Contract CA, with Cardno-TBE, 380 Park Place Blvd., Suite 300, Clearwater, FL 33759, to install two Florida Department of Environmental Protection (FDEP) required monitoring wells, four quarters of Phase One Remedial Action activities and two semiannual sampling events at the Clyde Morris Boulevard Brownfield site, in the amount of $65,160. The Clyde Morris Boulevard Brownfield site has the presence of a free product contaminant covering approximately 1.7 acres. This project is in the initial stages of contaminate Remediation. A RESOLUTION APPROVING WORK AUTHORIZATION NO. 7 UNDER A CONTINUING SERVICE CONTRACT WITH TBE GROUP, INC., DB/A CARDNO TBE, FOR PROFESSIONAL ENVIRONMENTAL SERVICES IN CONNECTION WITH THE CLYDE MORRIS LANDFILL BROWNFIELD SITE; AUTHORIZING THE EXPENDITURE OF UP TO $65,160 FOR WORK AUTHORIZATION NO. 7; AND PROVIDING AN EFFECTIVE DATE. I. Adopted/Resolution No approving Change Order No. 1, under Owner's Representative Services Contract No , with Mark Veenstra, P.E., 6419 Sanctuary Garden, Boulevard, Port Orange, FL 32128, in the amount of $25,000 to provide similar services during the Phase 2 construction period. Change Order No. 1 is needed to cover unanticipated design complications, CEI selection, and bid evaluation services that were not provided for in the original contract scope of services. A RESOLUTION APPROVING CHANGE ORDER NO. 1 TO THE CONTRACT FOR OWNER'S REPRESENTATIVE SERVICES WITH MARK VEENSTRA IN CONNECTION WITH THE ORANGE AVENUE STORMWATER REMEDIATION AND INFRASTRUCTURE IMPROVEMENTS PROJECT TO AUTHORIZE PHASE II WORK; AUTHORIZING EXPENDITURE OF ADDITIONAL FUNDS NOT TO EXCEED $25,000 FOR PHASE II; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE CHANGE ORDER NO. 1; AND PROVIDING AN EFFECTIVE DATE. 8

9 J. Adopted/Resolution No approving Change Order No. 5 to Contract No (Resolution No ) with McKim & Creed, 1901 Mason Avenue, Suite 102, Daytona Beach, FL 32117, in the amount of $82,643.93, for additional professional services not anticipated in the original contract for design of the Orange Avenue Stormwater Remediation and Infrastructure Improvements Project. Much of the additional work was precipitated by additional stormwater requirements and by utilities relocation from overhead to underground, requiring separate casings and railroad crossing for each of three utilities (AT&T, Bright House Networks, and FP&L). A RESOLUTION APPROVING CHANGE ORDER NO. 5 TO CONTRACT NO WITH MCKIM & CREED, P.A., FOR PROFESSIONAL ENGINEERING SERVICES IN CONNECTION WITH THE ORANGE AVENUE STORMWATER REMEDIATION AND INFRASTRUCTURE IMPROVEMENTS (ORANGE AVENUE RECONSTRUCTION PROJECT) IN AN AMOUNT NOT TO EXCEED $82,643.93; AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE CHANGE ORDER NO. 5; AND PROVIDING AN EFFECTIVE DATE. K. Adopted/Resolution No approving the Yvonne-Scarlett-Golden Cultural & Educational Center (YSG) Final Budget Reconciliation of $3,310,890. Resolution No authorized $2,689,000 for construction and Resolution No authorized $330,000 for landscaping, furnishings, and equipment (total budget amount $3,019,000). The expenditure balance of $291,890 was allocated through additional designated funding sources. Remaining funds available are $771. No additional funding is required. A RESOLUTION APPROVING THE FINAL BUDGET AND EXPENDITURES FOR THE YVONNE SCARLETT-GOLDEN CULTURAL & EDUCATIONAL CENTER IN THE AMOUNT OF $3,310,890; AND PROVIDING AN EFFECTIVE DATE. L. Adopted/Resolution No approving the sole source purchase of replacement parts for the Ozone system at the Ralph Brennan Water Treatment Plant, from Ozone Systems Services Group, Inc., 6687 State Route 13, Morrow, Ohio 45152, in an amount not to exceed $58, The Water Treatment Plant uses ozone to reduce organic carbons in the water to comply with all regulatory drinking water standards. Currently one of the three ozone systems in incapable of injecting sufficient levels of ozone in the water to produce reliable and safe drinking water. A RESOLUTION APPROVING THE PURCHASE OF REPLACEMENT PARTS FOR THE OZONE SYSTEM AT THE RALPH BRENNAN WATER TREATMENT PLANT FROM OZONE SYSTEMS SERVICES GROUP, INC., AS SOLE SOURCE PROVIDER, IN AN AMOUNT NOT TO EXCEED $58,336.10; AND PROVIDING AN EFFECTIVE DATE. 9

10 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: 9. PUBLIC HEARINGS Commissioner Reed Yea Commissioner Lentz Yea Commissioner Woods Yea Commissioner White Yea Commissioner Gilliland Yea Commissioner Henry Yea Mayor Henry Yea A. Passed/Ordinance approving a request to amend the Land Development Code (LDC), Article 18 (Appearance Standards), Section 6.20 (Signs), to allow electronic message center (EMC) signs for Applicant: Robert A. Merrell, III, Esq., on behalf of John J. Kendrick, III, Esq., representative for Daytona Auto Mall Association. City Clerk Thomas read the Ordinance on second reading by title only. AN ORDINANCE AMENDING ARTICLE OF THE LAND DEVELOPMENT CODE TO ALLOW ELECTRONIC MESSAGE CENTER SIGNS IN PLANNED COMMERCIAL DISTRICTS SUBJECT TO CERTAIN STANDARDS AND CONDITIONS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. Commissioner White asked if the change is what was in front of the Commission. Marie Hartman, City Attorney asked the Commission to look at section one, rather than calling out automotive dealerships, there is a change to planned commercial district developed primarily as retail centers, including vehicular retail sales exceeding 100 acres located adjacent to I-95. Commissioner Gilliland stated this will make the item go back to the first reading. Ms. Hartman stated with the title change, she would recommend that this be the first reading, re-advertise and bring the item back as a public hearing on November 6th. Commissioner Gilliland amended his motion to change the item to a first reading. Jennifer L. Thomas, City Clerk stated that Rob Merrill, Cobb and Cole, Attorneys' at Law representing the applicant was available for questions. Ms. Hartman stated that this was an applicant request and she had discussed the change with the Mr. Merrill and they are agreeable. 10

11 It was moved by Commissioner Gilliland to pass the Ordinance as amended. Seconded by Commissioner White. The Ordinance passed as amended 6-to-1 with the breakdown as follows: Commissioner Reed Yea Commissioner Lentz Yea Commissioner Woods Nay Commissioner White Yea Commissioner Gilliland Yea Commissioner Henry Yea Mayor Henry Yea B. Continued until the November 6, 2013 Regular City Commission Meeting/Ordinance approving a request to rezone 117± acres of land located at 1450 North Tomoka Farms Road, amending the approved Daytona Auto Mall Planned Commercial Development (PCD), to allow for an electronic message center sign; and authorizing the Mayor to execute the Amendment to the PCD. Applicant: by Robert A. Merrell, III, Esq., on behalf of John J. Kendrick, III, Esq., representative for Daytona Auto Mall Association. City Clerk Thomas read the Ordinance on second reading by title only. AN ORDINANCE APPROVING THE FIFTH AMENDMENT TO THE DAYTONA AUTO MALL PLANNED COMMERCIAL DEVELOPMENT AGREEMENT TO ALLOW FOR AN ELECTRONIC MESSAGE CENTER SIGN; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE FIFTH AMENDMENT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. No discussion. Continued to the November 6, 2013, City Commission meeting. It was moved by Commissioner Gilliland to continue the Ordinance until the November 6, 2013 Regular City Commission Meeting. Seconded by Commissioner White. The motion passed 6-to-1 with the breakdown as follows: Commissioner Reed Yea Commissioner Lentz Yea Commissioner Woods Yea Commissioner White Nay Commissioner Gilliland Yea Commissioner Henry Yea Mayor Henry Yea 11

12 C. Adopted/Ordinance No rezoning 1.3± acres of land located at 501 N. Atlantic Avenue; amending the Daytona Beach Convention Hotel & Condominiums Planned Commercial Development (PCD), to add 1.3± acres of land to the existing PCD to include a free standing parking garage, increase the maximum dwelling units to 122, and modifying the approved building elevations; and authorizing the Mayor to execute the Amendment to the PCD. Applicant: Robert Merrell, III, Esq., on behalf of Alexey P. Lysich, Vice President, Protogroup, Inc. City Clerk Thomas read the Ordinance on second reading by title only. AN ORDINANCE AMENDING THE ZONING MAP OF THE LAND DEVELOPMENT CODE TO REZONE 1.3± ACRES OF PROPERTY LOCATED AT 501 NORTH ATLANTIC AVENUE FROM BR-1 (BUSINESS RETAIL) AND BR-2 (SHOPPING CENTER) TO PCD (PLANNED COMMERCIAL DEVELOPMENT) DISTRICT; APPROVING THE FIRST AMENDMENT TO THE DAYTONA BEACH CONVENTION HOTEL & CONDOMINIUMS PLANNED COMMERCIAL DEVELOPMENT AGREEMENT TO INCLUDE THE 1.3± ACRES OF PROPERTY LOCATED AT 501 NORTH ATLANTIC AVENUE PROPERTY AND AMENDING TERMS AND CONDITIONS TO ALLOW FOR CONSTRUCTION OF A FREE STANDING PARKING GARAGE ON THE 501 NORTH ATLANTIC AVENUE PROPERTY, INCREASE THE MAXIMUM NUMBER OF DWELLING UNITS TO 122, AND MODIFY THE APPROVED BUILDING ELEVATIONS; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE FIRST AMENDMENT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECT DATE. Ron Merrill, Attorney, Cobb & Cole Law Office, 150 Magnolia Avenue, Daytona Beach stated he was the applicant's representative. He passed out a hard copy of the project to the Commission as a visual aid to his slide presentation and introduced the applicants Simon Kramer and Alexey Lysich of Protogroup. Pictures of the project were presented on the video screen. The reason that the applicants and Mr. Merrill were present tonight was because the owner was fortunate to acquire another property and is the perfect place for a parking structure which is encouraged in your comprehensive plan. Above the Oakridge Avenue area, we have a proposed an opposing lane, lined with trees, to enter the garage and we are in negotiations with the Florida Department of Transportation (FDOT). The garage will be valet parking exclusively for the hotel but will offer the guests a self park option. If it does not work out with DOT, we have the ability and you have the transportation analysis in the package that demonstrates we can come around the block from Grandview Avenue west. Brian Fredley was our architect for the project and you see the design of an arcade in the front of the structure tending to match with what's across the street. The entire design concept blends well with the surrounding area's design. Mr. Merrill continued with his presentation highlighting several concepts from landscape, design details to bike lanes. Commissioner Woods stated if this is approved tonight, what will the time frame be. 12

13 Mr. Merrill stated we have a couple of parallel permitting processes going through with the state with control line permitting so we are looking at the first quarter of next year to start. Mayor Henry asked Mr. Merrill if he had concerns over the return traffic to the parking garage from the hotel; most of the people will not be going over there anyway. Mr. Merrill stated the hurry is usually to get the cars over there, get them parked and come back for the next car. There's not much of an option; you will still have to come out onto Grandview Avenue or you can turn left onto Oakridge Boulevard. Commissioner Lentz stated for the lane that goes into the garage against the flow of traffic, will there only be valets pulling into this garage or will it be self park also. Mr. Merrill stated there will be valets but if someone were to try to turn into that one way driveway, they can get in it. There's nothing to prohibit it from coming in but there will be signs saying not to enter there. The garage entrance is gated but there is surface parking that is open. Mayor Henry stated the Commission was very excited about the project. Bob Williams, Halifax Health, 303 North Clyde Morris Boulevard, Daytona Beach stated he was present tonight representing the Daytona Beach Regional Chamber of Commerce. He asked the Commission to think about how hard they have worked to attract capital investments to the community and to have a beautiful project like this in our core area is an amazing opportunity. Many jobs will be created from this development. We welcome the Protogroup investors to the community and thanked Staff for supporting the project. John Nicholson, 413 North Grandview Avenue, Daytona Beach stated he liked the design of the project but asked the Commission to have the city fix the area that would be facing the development especially the lighting fixtures. Jim Cameron, Senior Vice President of Government Relations for the Daytona Beach Regional Chamber of Commerce, Daytona Beach stated this project is long needed in this community especially on the beachside. The additional parking is needed as well. This project and the Hard Rock project will make Daytona Beach take a quantum leap into a new era for our core tourist district. 13

14 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 Reed Yea Commissioner Lentz Yea Commissioner Woods Yea Commissioner White Yea Commissioner Gilliland Yea Commissioner Henry Yea Mayor Henry Yea D. Adopted/Ordinance No amending the City Code of Ordinances to allow pedal bus tour services for hire and to regulate their operation in the interest of public safety. Steve Tishman, Partner of Limo Cycle Florida, LLC, is requesting the City to permit his business, Limo Cycle Tours, to operate a 15-passenger, pedal powered bus in the E- Zone. The proposed regulations address operator and vehicle safety, permits and fees, similar to pedicabs, but specifically excludes operating on the Boardwalk. The use of alcohol that is allowed on pedal buses in some cities is not included in the proposed ordinance. Staff, including the Police Department, recommends this amendment to the Code of Ordinances to allow and regulate pedal bus tour services for hire. City Clerk Thomas read the Ordinance on second and final reading by title only. AN ORDINANCE AMENDING CHAPTER 102, CITY CODE TO CREATE A NEW ARTICLE VI AUTHORIZING AND REGULATING THE OPERATION OF COMMERCIAL PEDAL BUS TOUR SERVICES FOR HIRE WITHIN THE CITY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. No discussion. It was moved by Commissioner Gilliland to adopt the Ordinance. Seconded by Commissioner Woods. The Ordinance was adopted 7-to-0 with the breakdown as follows: Commissioner Reed Yea Commissioner Lentz Yea Commissioner Woods Yea Commissioner White Yea Commissioner Gilliland Yea Commissioner Henry Yea Mayor Henry Yea 14

15 10. ADMINISTRATIVE ITEMS 10A. Passed/Ordinance amending Ordinance No , which established the Economic Development Advisory Board (EDAB), to eliminate certain language that is no longer applicable to the board; changing the Halifax Area Chamber of Commerce to their successor Daytona Beach Regional Chamber of Commerce; and adding Team Volusia Economic Development Corporation (TVEDC) as an ex-officio member since it is conducting certain business recruitment services for the City per a cooperative agreement. City Clerk Thomas read the Ordinance on first reading by title only. AN ORDINANCE AMENDING ORDINANCE NO TO REVISE REQUIREMENTS FOR THE ECONOMIC DEVELOPMENT ADVISORY BOARD; INCREASING THE NUMBER OF BOARD MEMBERS FROM NINE TO TEN; ELIMINATING STAGGERED TERMS; DELETING AND ADDING CERTAIN CATEGORIES QUALIFIED FOR MEMBERSHIP; 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 Reed Yea Commissioner Lentz Yea Commissioner Woods Yea Commissioner White Yea Commissioner Gilliland Yea Commissioner Henry Yea Mayor Henry Yea 10B. Adopted/Resolution No appointing a member of the Planning Board to the Midtown Redevelopment Area Board. This appointment is to fill the remaining term of Shirley Benjamin that will expire on December 31, The board shall consist of nine (9) members serving for staggered terms of two (2) years appointed by the City Commission, five (5) members who reside in or have their principal place of business in the Midtown Redevelopment area (MRDA); two (2) members who reside in the City (city); one (1) member of the Planning Board (PB); one (1) member who is a Design Professional (DP); and one (1) alternate member who is a Design Professional (ADP) and who will serve only in the absence of the Design Professional member. No member, except the design professional, shall serve more than two (2) consecutive terms. A majority of members of the board must reside in the City. City Clerk Thomas read the Resolution by title only. A RESOLUTION APPOINTING ONE MEMBER TO SERVE ON THE MIDTOWN REDEVELOPMENT AREA BOARD FOR A TERM EXPIRING DECEMBER 31,2013; AND PROVIDING AN EFFECTIVE DATE. 15

16 Betty Goodman, Assistant City Manager stated that the agenda item is to appoint one member to the Midtown Redevelopment Area Board to represent the Planning Board. The Planning Board has selected Tony Barhoo. It was moved by Commissioner Henry to appoint Tony Barhoo to the Midtown Redevelopment Area Board and adopt the Resolution. Seconded by Commissioner Gilliland. The Resolution was adopted 7-to-0 with the breakdown as follows: Commissioner Reed Yea Commissioner Lentz Yea Commissioner Woods Yea Commissioner White Yea Commissioner Gilliland Yea Commissioner Henry Yea Mayor Henry Yea 8A. Adopted/Resolution No. 13- accepting the proposal from and authorizing a contract for safety consulting services with Alpha-Omega Training and Compliance, Inc., 1535 N. Cogswell St., Suite C-26, Rockledge, FL 32955, for a one-year term with four (4) oneyear renewal options in an amount not to exceed $66,000; and authorizing the City Manager to exercise the renewal options. The safety consultant services include employee safety training and safety audits of worksites and city buildings. A RESOLUTION ACCEPTING THE PROPOSAL OF ALPHA-OMEGA TRAINING AND COMPLIANCE, INC., FOR SAFETY INSPECTIONS AND TRAINING SERVICES FOR A ONE-YEAR PERIOD ENDING SEPTEMBER 30, 2014, WITH OPTIONS TO RENEW FOR FOUR ADDITIONAL ONE-YEAR TERMS; AUTHORIZING THE EXPENDITURE OF UP TO $66,000 FOR THE FIRST YEAR; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE PROFESSIONAL SERVICES CONTRACT ; AUTHORIZING THE CITY MANAGER TO EXERCISE THE RENEWAL OPTIONS SUBJECT TO BUDGETING AND APPROPRIATIONS; AND PROVIDING AN EFFECTIVE DATE. Commissioner Henry stated that he read the backup and he wanted to be clear. The City has been doing business with the company for about three years. He asked if the work that the contractor would be doing is outside of the scope of work that is being done by the City's Safety Officer. James V. Chisholm, City Manager stated yes. The contractor will actually come in and perform the workshops for critical areas where the City has continuing safety issues. There is a list of the areas. The City has a pretty intense industrial operation in utilities and public works. The City uses the contractor for those types of presentations. Commissioner Henry asked how much money had been spent on training in the safety area in the past year. Mr. Chisholm stated approximately $42,000. The City will bring the contractor in when they feel there are issues. 16

17 Commissioner Henry asked if it was the training specialized. Mr. Chisholm stated it is specialized training. Commissioner Henry stated that was his concern, when he looked at the amount of money...he knew the City had a Safety department. He wanted to know if this contract was above and beyond what the department would do. Mr. Chisholm stated the City actually got into the training after a horrific accident at the water plant. Commissioner Woods stated her understanding is the contract is in lieu of having an employee conduct the training. Mr. Chisholm stated the City has employee conduct training; this training is above and beyond. Commissioner Woods stated this contract is changing from who the City has been using in the past to a new company. Jim Sexton, Director, Human Resources stated that the City did send the contract out for bid this year. This contract is a better deal from a more local vendor. The other contractor was in Austin, Texas and it wasn't feasible for them to keep flying in and out. The new company is based out of Rockledge, Florida. The number in the agenda item is a not to exceed amount and they expect to have a $40,000 expenditure. It is basically confined space entry for the utilities, which is big deal training. The City does have a Safety Officer; she is very good who will be conducting training as well. This year the City will conduct CPR certifying in first aid and AED certifying for field employees. The City feels changing the contract is the right thing to do in getting us a better deal and to keep the safety program going strong. Commissioner Woods stated that she wanted everyone to know that this is a totally new company. Mr. Sexton stated it is a new company. Commissioner Henry stated the City had been with the other company for three years. Mr. Sexton stated three of four; it had been a while. Mr. Chisholm stated that it is the same activity that the City has been carrying on for a while. Commissioner Woods stated just a different company providing the service. 17

18 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 Reed Yea Commissioner Lentz Yea Commissioner Woods Yea Commissioner White Yea Commissioner Gilliland Yea Commissioner Henry Yea Mayor Henry Yea 8G. Adopted/Resolution No. 13-Gilliland approving Work Authorization No. 1, in the amount of $37,608.85, with Ghyabi & Associates, 1459 North US Highway 1, Suite 3, Ormond Beach, FL 32174, for an operation and capacity roundabout study to evaluate the feasibility for replacing the conventional ISB intersection at U.S.1, Peninsula Drive, and AIA with roundabouts for the East ISB Road Improvement Project. The study is needed to support the City's pursuit of State funding for the estimated $55,000,000 project. City Clerk Thomas read the Resolution by title only. A RESOLUTION APPROVING WORK AUTHORIZATION NO. 1 UNDER A CONTINUING SERVICE CONTRACT WITH GHYABI & ASSOCIATES, INC., FOR TRAFFIC CAPACITY AND OPERATIONAL EVALUATION OF ROUNDABOUTS IN CONNECTION WITH THE INTERNATIONAL SPEEDWAY BOULEVARD ROAD IMPROVEMENT PROJECT; AUTHORIZING THE EXPENDITURE OF UP TO $36, FOR WORK AUTHORIZATION NO. 1; AND PROVIDING AN EFFECTIVE DATE. James V. Chisholm, City Manager, stated in order for us to qualify for funding from various agencies we have to have a study that says it is operational efficient and economical and meets all the safety requirements. This is the first step of the project. They may get into this and find that it is not feasible, but until we get through this particular portion we will not know what can be designed in those particular intersections. Commissioner Woods stated she had received s with concerns and she feels it is a legitimate concern. We are talking about doing it at US 1, but then you come to Palmetto and there is red light, and then you come to Beach Street and there is a red light. Her question is how it is going to increase traffic flow if you have red lights right after that. Mr. Chisholm stated that is all part of the study. Commissioner Woods asked if he understood her concerns. Mr. Chisholm stated yes, the study will look at those issues. Commissioner Gilliland stated that in a lot of places there roundabouts are also signaled. You can have crosswalks at the roundabouts. The study is going to look hard a pedestrian safety. 18

19 Commissioner Woods stated they aren't in Clearwater and they aren't in Sarasota, so it will have to be looked at. Mr. Chisholm stated they do in Hollywood. He has walked it because they have a performing arts center in the middle of one of the roundabouts. We will make sure Doug's group is including in that process and are comfortable with we are doing. Commissioner Lentz stated he sees Rebecca from Ghyabi & Associates in the audience taking notes. He received a lot of s as well just regarding pedestrian traffic. Mike Bowmer, 273 Williams Avenue, Daytona Beach, stated he appreciated the thought being put into the roundabouts. He remembers the one at Seabreeze and Mason Avenue and he could not cross that. That is a tourist district and most of the roundabout he has visited around the country does not have traffic signals. He and the service dog cannot cross there. John Nicholson, 413 N. Grandview Avenue, Daytona asked where this idea came from. The last time this was brought up there were a lot of negative comments. He wanted to know when this was discussed. He feels that they had discussed this prior to tonight's meeting. He asked when they all discussed this. He stated some properties would have to bulldoze some buildings to make room for these roundabouts. People are not accustomed to these roundabouts and even with a light people may not know what to do. Mr. Chisholm stated this is the first time it has been to the City Commission. The staff has been working with the consultant and this is coming out the staff discussions with the consultant. If the roundabouts aren't efficient or safe, they aren't going to do them. It is going to be an open process. Mr. Nicholson stated this is a `past tense' study. Mr. Chisholm stated no it is not. This is the first step. Mr. Nicholson stated they are doing the study before discussions with the public and the Commission. Mr. Chisholm stated this has not been presented to the Commission. Mr. Nicholson stated that they were blindsided. Mr. Chisholm stated that no one was blindsided. Mr. Nicholson stated they are voting on something they haven't had a chance to discuss. Mr. Chisholm stated they are voting on whether or not to move forward with the study. 19

20 Commissioner Gilliland stated this is why we vote. If we don't like it we will vote it down. This is the public process. Doug Hall, 1405 Edgewater Road, Daytona Beach, he thanked the Commission and the City for past support of disability issues. He thanked the City for allowing them to have a White Cane Awareness Pedestrian Safety Exercise. He was initially upset about the roundabouts. He has done a lot of research since then and there has been a lot of research done on roundabouts and disabilities. He thinks the feasibility study is important. Nancy Burgess-Hall, 1405 Edgewater Road, Daytona Beach, also thanked the Commission and the City for saying to FDOT that you want accessible pedestrian cross lights. She thanked them for the White Cane Awareness exercise as well. She understands the roundabouts in quiet areas. She had experienced them in New Jersey and Massachusetts and as a driver they scared her. She would fear even more as a pedestrian. She has concerns during our tourist events. People are usually in a hurry and there is a lot of congestion. Mayor Henry asked if there were any more questions from the Commission. This is the first consideration of this. These are major projects that could have the potential of ascetically improving the area as well as the traffic. We would never make a decision without consideration and respect for safety. He knows his colleagues feel the same way. 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: 11. COMMISSION COMMENTS Commissioner Reed Yea Commissioner Lentz Yea Commissioner Woods Yea Commissioner White Yea Commissioner Gilliland Yea Commissioner Henry Yea Mayor Henry Yea Mayor Henry stated let's start with Commissioner Reed. Conunissioner Reed stated she went to the Midtown Center on today to celebrate the birthday of a 94 year old by the name of Ms. Mary. She wanted to thank staff for sending her a birthday shout out on the 7t' of October. She acknowledged the Inaugural Celebration for Dr. Jackson the President of Bethune Cookman University. She spoke with the City Manager concerning the Request For Proposals (RFPs)for Midtown including the old Police Station on Orange Avenue and Jean Street; so she wanted to say let's move forward and get started with that. She wanted to know the status of the selecting the new Fire Chief; she had received several calls concerning this issue. 20

21 James V. Chisholm, City Manager stated we have an Interim Chief and have not moved forward with any other reviews at this point. Commissioner Reed stated okay and that concluded her comments. Commissioner Lentz stated it had been a productive couple of days he wanted to welcome Proto Group to our community and we are excited about the project. In reference to the Pedal Bus Tour it's a neat concept because he had never seen or rode one before so he wanted to wish them much success also. He also attended the ceremony on last night for Dr. Edison Jackson at Bethune Cookman University. He was unable to attend the Inaugural on last night but he was able to get to the swearing in ceremony. Dr. Jackson has such an amazing past and it is so nice to have a leader with his knowledge and experience in our community. He made a brief review concerning the opening of TELEDYNE which is in Commissioner Gilliland's zone. Commissioner Woods said good night, she had given her minutes to Commissioner Lentz. Commissioner White stated it was a great night and always a pleasure working with her colleagues. She thanked staff for some small things but never the less she wanted them to know the work was appreciated i.e.; repairing the sprinklers downtown and on beachside. She thanked Nancy, Mike and Doug for coming and said their group was really effective being proactive and positive with the things they would like to see happen in our City. Commissioner Gilliland said we just went through the annual CPI increases with Utilities and what have you he asked if the City could take a look and see what our actual costs are concerning Utilities. He wanted to see if that number really is the number that we need to go to as far as our utilities increase. He wanted to make sure these amounts was appropriate and also the Commissioners would have something they could defend when they are asked by the citizens is this the least amount they can expect to pay annually. Also; he was very hopeful that we are going to have a safe and prosperous Biketoberfest this weekend. The consensus from the hotels owners were the numbers were the same if not a little better than last year. This is one of those events that pump a lot of money into our economy so let's keep our fingers cross this is a great year. It is a great problem to have by being so busy right now not only with commercial projects, but also we have other assets such as Dr. Jackson, President of Bethune Cookman he is such an amazing man with amazing ideals of what he wants to do in our City while he is the head of Bethune Cookman University. Also; TELEDYNE has opened and along with their opening they have brought many jobs which they are up to 420 employees in Daytona Beach. For us to say that we have a group of people like TELEDYNE in our little City is beyond amazing. Other than that he said good night. 21

22 Commissioner Henry stated that he was out with Chief Chitwood, while in a restaurant they were approached by a customer who told a story of his wife falling while riding a bicycle. She was bleeding profusely and the Chief happen to be coming by on his bicycle. He took his shirt off to assist in stopping the bleeding. He thought to himself that this guy is more that a Police Chief, he is a Good Samaritan. He hears these types of stories when he is with the Chief. The Chief is not the only one; the City has other Staff that would do the same thing. He was in the dry cleaners on yesterday picking up some shirts and he was approached by this gentleman that said, "Nobody ever tell you guys that we appreciate what the City Commission does for the City and how hard you guys work." He then asked if he could pick up the tab for my shirts. He did not know how to received gifts so he responded, thank you but I got it. This gentleman insisted I allow him to pick up the tab for my dry cleaning. Basically what he was saying was we always get a lot of slack for things we are not doing, but there are a lot of citizens that appreciate the things you are doing. He wanted to give kudos to Mayor Glenn Ritchey he was given the Leadership Award and on this afternoon his portrait unveiling was held in the lobby. During the time he served on the Commission with Mayor Ritchey he would watch him and he had an uncanning way of getting things done and I really learned a lot from watching him. Mayor Henry stated he was wondering what he did to get his shirts paid for because he has never had any one to pay for his shirts. It has been a great meeting and a great week. He was sadden he couldn't attend the TELEDYNE event on yesterday because certain duties at work would not allow him to get away. It cannot be overstated what an organization they are and what they bring to our community. The opening was very exciting event for them and he was glad the Commissioners had the chance to participate in it. Dr. Jackson is a breath of fresh air in the community and his festivities has been wonderful. He has always been a fan of Bethune Cookman even though he did not attend the institution he has always been a big fan of the school. The issue as it relates to Midtown we are always going to have issues that we feel passionate about. He wanted the people to know their opinions and concerns are being heard and that one thing they needed to know about him was that he is always going to be honest about his feelings. His final point was in response to an he received that related to fees in Midtown. The previous fees for Midtown without a kitchen were $675 for the first three hours and $225 for each additional hour. Previous fees and breakdown fees there was none and specifically recalled the Commission saying they wanted to charge for setup and breakdown. He needed to understand that we never charged for setup or breakdown before, does this say that we are now charging a fee for setup and breakdown. Percy Williamson, Leisure Services Director stated it's just one fee and that fee is $500. Mayor Henry stated okay I just needed some clarification because that's not what he would have decided and he would have been confused but we are on point. That being said for him he said good night. James V. Chisholm, City Manager stated good night. 22