Items 1 - 3

1. ROLL CALL.

2. INVOCATION.

3. PLEDGE OF ALLEGIANCE TO THE FLAG.

Item 4

APPROVAL OF MINUTES.

4.A. Approval of Minutes
Approval of the minutes of the September 7, 2016 and the September 21,
2016 Regular City Commission Meeting held at City Hall, 301 South
Ridgewood Avenue, Daytona Beach, Florida.

Item 5

AGENDA APPROVAL.

THOSE MATTERS INCLUDED UNDER THE CONSENT AGENDA ARE SELF-EXPLANATORY AND
ARE NOT EXPECTED TO REQUIRE REVIEW OR DISCUSSION. ITEMS WILL BE ENACTED BY
ONE MOTION. IF DISCUSSION IS DESIRED BY ANY MEMBER OF THE COMMISSION, THAT
ITEM MUST BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY.

Item 6

PRESENTATION.

Human Resources Department - Presentation by Evergreen Solutions, LLC -
Workplace Survey (pp. 12-13)

Presentation from Evergreen Solutions, LLC concerning the Workplace
Survey.

Item 7

CITIZENS.

PUBLIC COMMENTS BY THE PEOPLE ADDRESSING THE CITY
COMMISSION

During this time Citizens have the opportunity to address the City
Commission on any item on the Consent Agenda or any other Agenda item
that is not under Public Hearings. Items or discussions not listed on the
Agenda will not be heard during this comment section.

Consent Agenda

PLEASE NOTE: ITEMS PULLED FROM THE CONSENT AGENDA MAY BE REMOVED FROM
CONSIDERATION BY THE CITY COMMISSION AND CONTINUED FOR TWO (2) WEEKS UNTIL
THE NEXT REGULARLY SCHEDULED CITY COMMISSION MEETING. (ONLY MEMBERS OF
THE CITY COMMISSION MAY REMOVE ITEMS FROM THE AGENDA).

8.A. Victim of Crime Act (VOCA) - Grant Submission and Acceptance
(pp. 15-62)
Resolution authorizing the submission, and acceptance of a grant application
to the State of Florida, Offce of the Attorney General, Victims of Crime Act
(VOCA) Program in the amount of $39,553 with a requested required match
of $9,888 for a total $49,441, to fund the continuation of the Police
Department's VOCA program. This application has passed the VOCA offce
technical review and is awaiting fnal approval and award. Funds are
available in the Law Enforcement Trust Fund.
Recommendation: Chief of Police recommends adoption of the
Resolution.

8.B. Police Department - U.S. Department of Justice, Offce of Justice Programs,
Bureau of Justice Assistance, FY 2015 Bulletproof Vest Partnership
Program - Grant Application Submission, Acceptance, and Expenditure
(pp. 63-67)
Resolution authorizing the submission of a Federal Grant application to the
U.S. Department of Justice, Offce of Justice Programs, Bureau of Justice
Assistance, FY 2015 Bulletproof Best Partnership Program, in the amount of
$23,336.25 to fund the purchase of bulletproof vests for sworn offcers;
authorizing acceptance of grant funds if awarded and a 50 percent City match in the amount of $23,336.25, totaling $46,672.50; and authorizing the City Manager or his designee to execute any agreement or expenditure of funds related to this grant application. The combined total funding will
purchase the mandatory replacement of 60-70 ballistic vests from a vendor
to be determined. Funds are available in the Federal Equitable
Sharing Forfeiture Fund.
Recommendation: Chief of Police recommends adoption of the
Resolution..

8.C. Police Department - Enterprise Leasing Company of Orlando, LLC - Rental
Agreement (pp. 68-88)
Resolution approving the Preferred Rate Agreement between the City of
Daytona Beach and Enterprise Leasing Company of Orlando, LLC, 5442
Hoffner Avenue, Orlando FL 32812 for the rental of ten unmarked vehicles
for the Special Investigations Unit (SIU). The Palm Bay Police Department
has a preferred rate agreement that the Daytona Beach Police Department
will "piggy back" off of. This will be for a term of October 1, 2016 through
September 30, 2017. The total cost for the contract is not to exceed $76,000
annually at a rate of $631.50 monthly per vehicle; this will include coverage
of all maintenance. During the FY 2015/2016, the Department of Justice
Equitable Sharing Agreements received funds which will be used towards
this Rental Agreement. This request is also to allow the Budget Offcer to
carry forward $52,000 in excess funds received in FY 2016 to the FY 2017
Budget. Funds are available in the Federal Equitable Sharing Forfeiture
Fund and the Police Department General Fund.
Recommendation: Chief of Police recommends adoption of the
Resolution.

8.D. Utilities Department - McKim and Creed, Inc. - Amendment No.1 to
Professional Services Contract No. 0415-3100 (pp. 89-114)
Resolution approving Amendment No. 1 to Professional Services Contract
No. 0415-3100 with McKim & Creed, Inc., 139 Executive Circle, Suite 201,
Daytona Beach, FL 32114, to approve additional construction phase services
and increase the not-to-exceed fee from $574,086.17 to $755,555.35. The
purpose of this request is to obtain additional construction phase services
including full time construction observation and capital funding
administration services for the Halifax River Force Main Improvements
project. Funds are available in the Water and Sewer Improvement
Construction Fund.
Recommendation: Director of Utilities recommends adoption of the
Resolution

Item 9

PUBLIC HEARINGS.

Development and Administrative Services, Planning Division - 1920 Beach
House Bed and Breakfast - Special Use Permit (pp. 115-160)

Resolution - PUBLIC HEARING - approving a Special Use Permit for a
Bed and Breakfast located at 507 Jessamine Boulevard within the Seabreeze
Historic District with conditions. Applicant: Colleen Miles, Land
Development Resource Group, on behalf of James & Joann King.
Richard Walton, Planning Director, to report.

Recommendation: Historic Preservation Board recommends approval
with conditions 7-to-0 and the Planning Board's motion to approve failed
2-to-4 with Historic Preservation Board conditions and staff conditions.
Action: Motion to adopt the Resolution.

Item 10A

Development and Administrative Services, Planning Division - Bayberry
Cove - Rezoning, Planned Development-General (pp. 161-193)
Ordinance on frst reading - approving a request to rezone 764.7± acres of
land from Planned Development-General (PD-G) and Volusia County A-2
(Rural Agricultural) to Planned Development-General (PD-G) located on
International Tennis Drive to allow for a maximum of 1200 single family
residential homes and associated site improvements, and authorizing the
Mayor to execute the Planned District Agreement. Applicant: Robert A.
Merrell III, Esq., Cobb Cole, on behalf of John P. Albright, Consolidated-
Tomoka Land Co.
Richard Walton, Planning Director, to report

Recommendation: Planning Board recommends approval 6-to-0.
Action: Motion to pass Ordinance on frst reading.
Note: If passed, Public Hearing, October 19, 2016.

Item 10B

Development and Administrative Services, Planning Division - Lake Mason
Retreat - Rezoning, Planned Development-General (pp. 194-230)

Ordinance on frst reading - approving a request to rezone 11.9± acres of
land from Business Retail-2 (BR-2) to Planned Development-General (PDG)
located on the corner of Mason Avenue and Jimmy Ann Drive to
construct a 144 unit multifamily complex with associated amenities and site
improvements, and authorizing the Mayor to execute the Planned District
Agreement. Applicant: Pete Zahn P.E., Zahn Engineering, Inc., on behalf
of Mezcla One, LLC/Gaihuan Ni.
Richard Walton, Planning Director, to report.
Recommendation: Planning Board recommends approval 6-to-0.
Action: Motion to pass Ordinance on frst reading.
Note: If passed, Public Hearing, October 19, 2016.

Item 10C

Development and Administrative Services, Planning Division - 7-Eleven -
Rezoning, Planned Development-General (pp. 231-447)

Ordinance on frst reading - approving a request to rezone .9± acres of land
from Business Retail (BR-1) to Planned Development-General (PD-G)
located at 325 Seabreeze Boulevard to allow a gas station in addition to a 24
hour convenience store and associated site improvements, and authorizing
the Mayor to execute the Planned District Agreement. Applicant: Susan
Lorentz, Interplan, LLC and Robert A Merrell III, Esq., Cobb Cole on behalf
of David Steiner.
Richard Walton, Planning Director, to report.

Recommendation: Planning Board's motion to approve with gas pumps
failed 2-to-4 and motion to approve without gas pumps approved 6-to-0.
Action: Motion to pass Ordinance on frst reading.
Note: If passed, Public Hearing, October 19, 2016.

Item 10D

Development and Administrative Services, Planning Division - Land
Development Code Text Amendment - Amend portions of Article 9 of the
Land Development Code (pp. 448-457)
Ordinance on frst reading - amending portions of Section 9.1 (Florida
Building Code and Local Amendments) and Section 9.2 (International
Property Maintenance Code and Local Amendments) of the Land
Development Code that were incorrectly transitioned in the adoption of the
new Land Development Code. Applicant: Development and Administrative
Services Department, Planning Division.
Richard Walton, Planning Director, to report.

Recommendation: Planning Board recommends approval 6-to-0.
Action: Motion to pass Ordinance on frst reading.
Note: If passed, Public Hearing, October 19, 2016.

Item 10E

Legal Department - Sexual Offender Residence - City Code
Amendment (pp. 458-496)
Ordinance on frst reading - amending Section
62-201, City Code, as
adopted by Ordinance No. 11-222 and amended by Ordinance
No. 11-298,
relating to the place of residence of sexual offenders within the
city; revising
certain provisions to conform with the language of sections 775.21 and
947.1405, Florida Statues.
Robert Jagger, City Attorney, to report.

Recommendation: Commission Action.
Action: Motion to pass Ordinance on frst reading.
Note: If passed, Public Hearing, October 19, 2016.

Item 10F

Engineering/Public Works Department - Indigo Development, L.L.C. -
Integra Sands Final Plat - Approval Contract for Plat Recording
(pp. 497-533)
Resolution approving the Final Plat for Integra Sands Apartment Complex,
and the Contract for Plat Recording. The fnal plat and contract for plat
recording were previously approved under Resolution 15-267. The fnal plat
is presented to the City Commission again for approval as a result of a
request by the developer to change a street name on the plat.
Brent Cohen, Design Development Project Manager, to report.

Recommendation: Deputy City Manager recommends adoption of the
Resolution.
Action: Motion to adopt the Resolution.

Item 10G

City Manager's Offce - Police and Fire Pension Fund Board - Appointment
(pp. 534-544)
Resolution appointing one (1) member to the Police and Fire Pension Fund
Board. Thomas Blawn, who was appointed by the City Commission has
resigned with a term expiration date of 12/31/19. City Charter, Sub-pt. D, §
3, amended by Ord. No. 96-261, 96-405, 10-322, and Florida Statutes,
Sections 175.061 (1)(2), 175.351[15(a)4], and 185.05(1), and 185.35(4)(a)
regulate the selection of fve Trustees: two (2) of whom, unless otherwise
prohibited by law, shall be legal residents of the City, who shall be
appointed by the Daytona Beach City Commission, one (1) of whom shall be
a Police Offcer Member of the System and one (1) of whom shall be a
Firefghter Member of the System, who shall be elected by a majority of the
Police Offcers or Firefghters, respectively, who are Members of the
System. The ffth Trustee shall be chosen by a majority of the previous four
(4) Trustees as provided for herein, and such person's name shall be
submitted to the Daytona Beach City Commission. Upon receipt of the ffth
person's name, the Daytona Beach City Commission shall, as a ministerial
duty, appoint such person to the Board of Trustees as its ffth Trustee. We
have received four applications for this opening: Dennis Jones, Yvonne
Newcomb-Doty, Dwayne Taylor and Daniel Bolerjack.
Betty Goodman, Assistant City Manager, to report

Recommendation: Commission action.
Action: Motion to adopt the Resolution

Item 10H

Police Department - Announcement - Public Comment Period for Edward
Byrne Memorial Justice Local Grant Assistance (JAG) Program
(pp. 545-549)

As part of the requirement for the U. S. Department of Justice, Offce of
Justice Programs, Bureau of Justice Assistance, FY 2016 Edward Byrne
Memorial Justice Assistance Grant (JAG) Local Solicitation there is a 30-
day public comment/governing body review period September 7, 2016
through October 19, 2016. Public comments must be addressed in writing
and submitted to the Police Department's Grants Specialist. This grant is
used for the Juvenile Electronic Monitoring (JEM) Program. No additional
action is required by the City Commission.

Item 11

DISCUSSION.

City Commission Discussion - Allocation of Homeless Funds
(pp. 550-551)
City Commission Discussion on allocation and accountability of the
budgeted $400,000 for homeless initiatives.

Item 12 (Part 1 of 2)

PUBLIC COMMENTS - DURING THIS TIME CITIZENS HAVE THE OPPORTUNITY TO ADDRESS THE CITY COMMISSION ON ANY
MATTER THAT IS NOT ON THE AGENDA.

Addendum Item

Addendum Item

Item 12 (Part 2 of 2)

PUBLIC COMMENTS - DURING THIS TIME CITIZENS HAVE THE OPPORTUNITY TO ADDRESS THE CITY COMMISSION ON ANY
MATTER THAT IS NOT ON THE AGENDA.

Items 13 & 14

13. COMMENTS AND INQUIRIES FROM THE CITY COMMISSION - CITY
MANAGER AND CITY ATTORNEY REPORT.

14. ADJOURNMENT