Call to Order

1. ROLL CALL.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.

Item 4

APPROVAL OF MINUTES.
4A. Approval of Minutes
Approval of the minutes of the February 4, 2015 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 SELFEXPLANATORY
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 6A

6A. BEAUTIFICATION AWARDS PRESENTATION - FEBRUARY 2015 (pp. 12-14)
Residential Award:
George and Cynthia Starks, 245 Fountain Lake Boulevard, Commissioner Patrick
Henry, Zone 5, to present.
Commercial Award:
OB-GYN Health Center, 769 North Clyde Morris Boulevard, Mayor Derrick L. Henry
to Present.

Item 6B

Presentation - Ban the Box (pp. 15-23)
A presentation on removing barriers to employment for people with criminal records
will be conducted by Mykal Tairu, State Coordinator from the Vincentian Re-Entry
Organizing Project.

Item 7

PUBLIC COMMENT BY 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 matter that is not on the Agenda.

Consent Agenda

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).
8A. Victim of Crime Act (VOCA) - Grant Submission and Acceptance (pp. 25-28)
Resolution authorizing the submission and acceptance (if funded) of a grant application
to the State of Florida, Office of the Attorney General, Victims of Crime Act (VOCA)
Program, in the amount of $41,386, with a required $10,347 match for a total of
$51,733, to fund the continuation of the Police Department's VOCA program; and
authorizing the City Manager or his designee to execute any agreement relating to this
grant application. Funds available in the Law Enforcement Trust Fund.
Recommendation: Chief of Police recommends adoption of the Resolution.
8B. Support Services - Sale of City-owned Property - 419 Braddock (pp. 29-41)
Resolution approving the sale of City-owned property abutting 419 Braddock Avenue
to John R. Dalton for County Appraiser's amount of $500. The city property is five feet
wide and 75 feet long, and abuts to Mr. Dalton's property along his current fence on the
northeast property line. The property was previously approved by the City Commission
to be sold in 2013. Recommendation: Deputy City Manager/Administrative Services recommends
adoption of the Resolution.
8C. Support Services - Lease Agreement - Parker Yacht Sales - Halifax Harbor Plaza (pp.
42-79)
Resolution approving a lease of Parker Yacht Sales, 641 Columbia Drive, Winter Park,
FL 322789, concerning Suites 105 and 110 of the Halifax Harbor Plaza, 125 Basin
Street, Daytona Beach, Florida, for a three-year term with three additional three-year
renewal options. Parker Yacht Sales currently is leasing Suite 105 and is requesting to
increase the size of their leasing space to include Suite 110 to allow the company to
expand their programs at the marina. The City will receive $9.00 a square foot ($1,959
per month) plus Common Area Maintenance (CAM) of $4.55 per square foot and taxes
for the lease of the two areas. Parker will receive a building out credit of $15,000 over
the first two years of the three year lease.
Recommendation: Deputy City Manager/Administrative Services recommends
adoption of the Resolution.
8D. Lobbyist Services - Expenditure of Funds (pp. 80-86)
Resolution authorizing the City Manager to expend up to $90,000 during the 2014-2015
FY to retain one or more lobbyists to assist the City in implementing the City
Commission’s annual legislative priorities; authorizing the City Manager to retain such
lobbyists in future Fiscal Years, subject to budgeting; and authorizing the City Manager
and City Clerk to execute any contract documents needed to give effect to the
resolution. We currently contract with Alcalde & Fay, LTD for Federal Legislative
issues at $50,000/yr. and Ramba Consulting Group, LLC for State Legislative issues at
$40,000/yr.
Recommendation: Government Relations Administrator recommends adoption
of the Resolution.
8E. Utilities Department - Change Order No. 2 - Lift Station 10 Part B and Infrastructure
Improvements Project - Contract 0314-0280 (pp. 87-114)
Resolution approving Change Order No. 2 to Contract No. 0314-0280 for Lift Station
10 Part B and Infrastructure Improvements with Insituform Technologies, LLC, 6972
Business Park Boulevard North, Jacksonville, FL 32256 in an amount not to exceed
$164,985.37; adjust the project contract price to $4,954,101.18; and authorizing the
City Manager and City Clerk to execute the Change Order. Funds are available in
the State Revolving Loan Funds for Lift Station 10. Recommendation: Interim Utilities Director recommends adoption of the
Resolution.

Item 9A

216 1st Avenue - Rezoning (pp. 115-143)
Ordinance on second reading - PUBLIC HEARING - approving a request to rezone
0.3± acres of land located at 216 1st Avenue, referred to as the Garland Residence,
from Residential Professional (RP) to Residential Professional Historic (RP-H) to
preserve a residential structure in the Downtown Redevelopment Area with historic
significance. Applicant: Robert Ellis.
Reed Berger, Redevelopment Director, to report.
Recommendation: Historic Preservation Board recommends approval 5-to-0.
Downtown/Ballough Road Redevelopment Board recommends
approval 6-to-0.
Planning Board recommends approval 8-to-0.
Action: Motion to adopt the Ordinance.

Item 9B

516 Main Street - Rezoning (pp. 144-179)
Ordinance on second reading - PUBLIC HEARING - approving a request to rezone 0.03± acres of land located at 516 Main Street from Specialty Retail (RDB-2) to
Specialty Retail Historic (RDB-2-H) to preserve a historically significant commercial
structure in the Main Street Redevelopment Area. Applicant: John Matts.
Reed Berger, Redevelopment Director, to report.
Recommendation: Main Street/South Atlantic Redevelopment Area Board
recommends approval 7-to-0.
Historic Preservation Board recommends approval 5-to-0.
Planning Board recommends approval 8-to-0.
Action: Motion to adopt the Ordinance.

Item 9C

Minto Communities - Large Scale Comprehensive Plan Amendment (pp. 180-194)
Resolution - PUBLIC HEARING - authorizing transmittal of a Large Scale
Comprehensive Plan Amendment to state agencies and local jurisdictions for review
and comment prior to final adoption. The request is for an amendment to the Future
Land Use Element Neighborhood "V" Issues and Policies of the Comprehensive Plan to
increase the overall density on 1,585.9+/- acres. The property is generally located west
of Interstate 95 and north of LPGA Boulevard. Applicant: Robert A. Merrell, III, Esq.,
Cobb Cole on behalf of Consolidated-Tomoka Land Co., LLC.
Richard Walton, Planning Director, to report.
Recommendation: Planning Board recommends approval 7-to-0.
Action: Motion to pass the Resolution.

Item 9D

Tomoka Town Center - Large Scale Comprehensive Plan Amendment (pp. 195-214)
Resolution - PUBLIC HEARING - authorizing transmittal of a Large Scale
Comprehensive Plan Amendment to state agencies and local jurisdictions for review
and comment prior to final adoption. The amendment is changing the Future Land Use
designation of 124.7+/- acres of 186.8+/- acres located at the southeast corner of
Interstate 95 and LPGA Boulevard, from “General Industrial” and “Mixed Uses” to
“Mixed Uses” and “Interchange Commercial,” and amending Neighborhood Policy
“S”. Applicant: Robert A. Merrell, III, Esq., Cobb Cole on behalf of Indigo
Development, LLC.
Richard Walton, Planning Director, to report.
Recommendation: Planning Board recommends approval 7-to-0.
Action: Motion to pass the Resolution.

Item 9E

Planning Division - Amending Fee Schedule (pp. 215-230)
Resolution - PUBLIC HEARING- amending the approved fee schedule for all
development applications, reviews, and approvals. Resolution No. 12-96 adopted at
the April 18, 2012 City Commission Meeting approved the current fee schedule. Staff
is requesting to amend the current fee schedule in an effort to bring current fees in line
with the City’s actual costs for processing and additional processes effective March 1,
2015 in the new Land Development Code. Applicant: Development and
Administrative Services Department, Planning Division.
Richard Walton, Planning Director, to report.
Recommendation: Deputy City Manager/Administrative Services Director
recommends approval.
Action: Motion to pass the Resolution.

Item 9F

Public Use Permit - Telecommunication Tower, LPGA West (pp. 231-279)
Resolution – PUBLIC HEARING - approving a Public Use Permit for the City owned
Municipal Stadium located at 3917 LPGA Boulevard to allow the installation of a 215
foot tall monopole telecommunication tower, a 59’ x 60’ fenced equipment area, and
related equipment installation and site improvements. Included is the requested waiver
of Land Development Code (LDC), Article 17 (Conditions and Requirements for
Specific Uses), Section 2.159 (Telecommunications Antennas and Towers), reducing the required setback of the tower from 107.5 feet to 27 feet. Applicant: Development
& Administrative Services Department, Planning Division. (Continued from the
February 4, 2015 Regular City Commission Meeting)
Richard Walton, Planning Director, to report.
Recommendation: City Commission action.
Action: Motion to adopt the Resolution.

Item 10A

Support Services - Lease Agreement - CLQ, LLC - Telecommunication Tower
Construction (pp. 280-303)
Resolution approving a lease agreement with CLQ, LLC, 1123 Solana Avenue, Winter
Park, Florida, concerning the construction of a 195 foot communication tower on City
owned property located at 3917 LPGA Blvd., (Municipal Stadium site), Daytona
Beach, Florida, for a five-year term with nine additional five-year renewal options. The
monthly base rent will be $1,800 plus a percentage rent of 30% of all fees and gross
rent paid by Sub-lessees or carriers to Lessee beginning with the second sublease and
applicable taxes. At renewal, a cost of living increase for the base rent will equal the
greater of 20% of the average monthly rent during the last year of the previous term or
the change in the CPI from the first month of the prior term and the ending month of the
preceding term. CLQ will provide a $10,000 check to the City within 30 days of the
signing of the lease as additional rent. CLQ will be responsible for all maintenance of
the tower and all of the leased premises including cleanliness, utilities, insurances, fees,
and taxes.
Gary Shimun, Deputy City Manager/Administrative Services, to report.
Recommendation: Deputy City Manager/Administrative Services recommends
adoption of the Resolution.
Action: Motion to adopt the Resolution.

Item 10B

Trap-Neuter-Return (TNR) - Pilot Program Approval (pp. 304-326)
Resolution approving a six month pilot program for Trap-Neuter-Return (TNR).
Applicant: Development and Administrative Services Department, Planning Division.
Rich Walton, Planning Director, to report.
Recommendation: Commission action.
Action: Motion to adopt the Resolution.

Item 10C

Economic Development Advisory Board - Appointments (pp. 327-348)
Resolution appointing two (2) voting members and two (2) ex-officio members to the
Economic Development Advisory Board. Tim Davis has resigned due to relocating and
Ruth Trager resigned due to her becoming City Commissioner. The board shall consist
of ten (10) members with seven (7) of those to be registered electors of the City serving
for staggered three (3) year terms recommended by the City Manager and appointed by
the City Commission. These seven (7) members shall be building contractors (BC),
developers (D), members of financial institutions (FI), members of educational
institutions (EI), members of cultural institutions (CI), business (B) and industrial
representatives (IR). In addition there shall be appointed one (1) ex-officio member
who shall represent Team Volusia Economic Development Corporation (TVEDC); one
(1) ex-officio member shall represent the Daytona Regional Chamber of Commerce;
and one (1) ex-officio member who shall represent the County of Volusia. We have
received six applications for regular membership: Andrew J. Moore, Santokh Chhina,
Jennifer Card, Dale Heuermann, Colleen Calnan, and James Zeisler. Keith Norden is to
represent Team Volusia Economic Development Corporation and Nancy Keefer to
represent the Daytona Regional Chamber of Commerce.
Betty Goodman, Assistant City Manager, to report.
Recommendation: Commission action.
Action: Motion to adopt the Resolution.

Item 10D

Beachside Redevelopment Board - Appointments (pp. 349-369)
Resolution appointing members to the Beachside Redevelopment Board, formerly the
Main Street/South Atlantic Redevelopment Area Board. On January 21, 2015, the City
Commission approved the new Land Development Code (LDC) effective March 1,
2015. Each Redevelopment Board shall consist of seven regular members appointed by
the City Commission as a whole, plus one Planning Board member who shall serve as
an ex office non-voting member. Beachside Redevelopment Board shall include seven
members who reside in or have their principle place of business in either the Main
Street Redevelopment Area or the South Atlantic Road Redevelopment Area. This
agenda item is to appoint members that are currently on the board and meet the
requirements: Dino P. Paspalakis, Dino M. Paspalakis, Gilbert Myara, and Sue Ann
Ramesey. The Planning Board would like Ned Harper to serve as their representative
on this board.
Betty Goodman, Assistant City Manager, to report.
Recommendation: Commission action.
Action: Motion to adopt the Resolution.

Item 10E

Downtown Redevelopment Board - Appointments (pp. 370-390)
Resolution appointing members to the Downtown Redevelopment Board, formerly the
Downtown/Ballough Road Redevelopment Area Board. On January 21, 2015, the City
Commission approved the new Land Development Code (LDC) effective March 1,
2015. Each Redevelopment Board shall consist of seven regular members appointed by
the City Commission as a whole, plus one Planning Board member who shall serve as
an ex office non-voting member. Downtown Redevelopment Board shall include six
members who reside in or have their principle place of business in either the Downtown
Redevelopment Area or the Ballough Road Redevelopment Area; and one member of
the Downtown Development Authority, who shall serve as ex officio. This agenda
item is to appoint members that are currently on the board and meet the requirements:
Jack White, Harold Goodemte, Ken Sharples, and Robert Abraham (DDA). The
Planning Board would like for Cathy Washington to serve as their representative on this
board.
Betty Goodman, Assistant City Manager, to report.
Recommendation: Commission action.
Action: Motion to adopt the Resolution.

Item 10F

Midtown Redevelopment Board - Appointments (pp. 391-413)
Resolution appointing members to the Midtown Redevelopment Board, formerly the
Midtown Redevelopment Area Board. On January 21, 2015, the City Commission
approved the new Land Development Code (LDC) effective March 1, 2015. Each
Redevelopment Board shall consist of seven regular members appointed by the City
Commission as a whole, plus one Planning Board member who shall serve as an ex
office non-voting member. Midtown Redevelopment Board shall include seven
members who reside in or have their principle place of business in the Midtown
Redevelopment Area. This agenda item is to appoint members that are currently on the
board and meet the requirements: Steven Miller, Oliver Ross, Martin Tooley, Danny
Fuqua, and Kenya Ford. The Planning Board would like for Tony Barhoo to serve as
their representative on this board.
Betty Goodman, Assistant City Manager, to report.
Recommendation: Commission action.
Action: Motion to adopt the Resolution.

Items 11 & 12

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

12. ADJOURNMENT