Call To Order

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

Item 4

Approval of Minutes
Approval of the minutes of the May 21, 2014 Budget Workshop, the June 11, 2014
Budget Workshop, the June 18, 2014 Budget Workshop, the July 2, 2014 City
Commission - CRC Workshop, the August 6, 2014 Executive Session - Closed
Meeting, the August 27, 2014 Special Meeting - Declaring Election Results, and the
September 3, 2014 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 6

PRESENTATION.
6A. Presentation - Volusia Safe Harbor Transitional Shelter Study (pp. 12-75)
Presentation of the Volusia Safe Harbor Transitional Shelter Study by Dr. Robert G.
Marbut, Jr. This presentation is in accordance with Resolution No. 14-51 to provide
a study of the area's homelessness and report those findings along with
recommendations.

Citizens Communication

CITIZENS.
7A. 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. Utilities Department - Utility Easement - Acceptance (pp. 77-83)
Resolution approving a Utility Easement granted by Mr. Robert M. Green, as Trustee for the A. R. Green Family Trust, for a public fire hydrant located at 2745 N. Atlantic Avenue. The Dollar General Store located at 2745 N. Atlantic Avenue has just completed construction which included the installation of a new 8-inch waterline across Atlantic Avenue with a public fire hydrant. These improvements were installed to obtain the required fire flow for the new retail development and future development of the adjacent vacant property to the south. There is no city funding associated with this
request.
Recommendation: Interim Utilities Director recommends adoption of the Resolution.
8B. Downtown Beach Street Prototype 'E' Waste Enclosures - Expenditure of Funds (pp. 84-98)
Resolution accepting the lowest responsive and responsible bid, in the amount of $99,350, with Saboungi Construction, Inc., 290 A North U.S. Highway 1, Ormond Beach, FL for a Prototype ‘E’ Waste Enclosures. A series of prototype waste enclosures were explored in order to ensure that the Beach Street retail/commercial property owner requirements would provide the user-program criteria that established
the ‘basis of design’ in developing a Downtown Waste Management Masterplan. Funds available in the Downtown Redevelopment Area Trust Fund.
Recommendation: Deputy City Manager/Operations recommends adoption of the Resolution.
??????????????????????????????????????????8C. Conversion of Overhead Power Utility to Underground (pp. 99-130)
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NovusAGENDA
?Resolution approving an underground facilities conversion agreement, with Florida Power & Light (FPL) , in the amount of $34,077, for the conversion of the Sickler Drive overhead power utility to underground utility; and authorizing payment to the owner of Action Jet Ski & Boat Rental in the amount of $3436.51 to reimburse them
for the cost of Carter Electric connecting their property to the new underground utility. The City of Holly Hill is undertaking a project to relocate overhead utilities contiguous to Sickler Drive at the intersection with North Beach Street at the city limit between
Holly Hill and The City of Daytona Beach. That project provides The City the opportunity to relocate the existing overhead electrical lines on Sickler Drive from the north city limit to Sickler Park at a significant savings over undertaking a stand-alone project. Funds available in the Ballough Road Redevelopment Fund.
Recommendation: Deputy City Manager/Operations recommends adoption of the Resolution.
8D. Utilities Department - Variable Frequency Drives - Low Bid (pp. 131-140)
Resolution accepting the low bid from Graybar Electric Company, 930 Mason Court, Daytona Beach, FL 32117, in the amount of $60,880.02 for the purchase of six variable frequency drive controllers to existing pumps in the City's five reuse pump stations in order to provide a more consistent flow to the system. City staff will be installing the units. Funds available in the Water and Sewer Improvement Fund.
Recommendation: Interim Utilities Director recommends adoption of the Resolution.
8E. Utilities Department - Water Plant Chemical Purchases Fiscal Year 2014-2015 (pp. 141-152)
Resolution awarding with provisions Bid No. 0114-2040 for five chemicals to use at the water treatment plant for an estimated expenditure of $1,701,714.50 for Fiscal Year
2014-2015 from the following five lowest - best bidders:
Carmeuse Lime, Inc. - High Calcium Quicklime Morton Salt, Inc. - Solar Salt (Sodium Chloride) Tanner Industries, Inc. - Aqua Ammonia
Thatcher Chemical of FL, Inc. - Sodium Silicofluoride Odyssey Manufacturing Co. - Sodium Hypochlorite
Funds are available in the Water and Sewer Fund.
Recommendation: Interim Utilities Director recommends adoption of the Resolution.
8F. Utilities Department - Bid Award - Carbon Dioxide Purchase for Water Plant Fiscal Year 2014-2015 (pp. 153-160)
Resolution awarding lowest - best responsive bid to Airgas Carbonic, Inc., 2530 Sever Road, Suite 300, Lawrenceville, GA 30043 for the purchase of Carbon Dioxide for an estimated expenditure of $179,575 for Fiscal Year 2014-2015. This request is to maintain full compliance with state and federal regulatory water quality
standards. Funds available in the Water and Sewer Fund.
Recommendation: Interim Utilities Director recommends adoption of the Resolution.
8G. Utilities Department - Bid Award - Utilities Electrical Maintenance Service Contract Fiscal Year 2014-2015 (pp. 161-181)
Resolution awarding with provisions the lowest - best responsive bid to LaTour Enterprizes, Inc., d.b.a. Economy Electric Company, 538 West Street, Daytona Beach, FL 32114 for an estimated expenditure of $172,250 for Fiscal Year 2014-2015. The electrical maintenance service contract is an "as needed" contract that covers all three
treatment plants, lift stations, production wells, and reuse pump stations. Funds available in the Water and Sewer Fund.
????????????????????????????????????????????????????????????????????Recommendation: Interim Utilities Director recommends adoption of the
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NovusAGENDA
Resolution.
8H. Grant Assistance Agreement - Halifax River Sanitary Sewer Force Main Crossing Project (pp. 182-212)
Resolution approving a Florida Department of Environmental Protection Grant Assistance Agreement for $750,000 and authorizing the City Manager to sign the agreement. The City Commission adopted Resolution 13-242 authorizing staff to submit funding requests based on a list of State and Federal priorities. The funding request for the new force main from beachside to the Bethune Point Wastewater
Treatment Plant under the Halifax River was on the priority list. There are no matching funds required for this grant.
Recommendation: Interim Utilities Director recommends adoption of the Resolution.
8I. Peabody Auditorium Electrical Service - Low Bid Acceptance (pp. 213-222)
Resolution accepting the low bid from Latour Enterprise, Inc., d.b.a. Economy Electric Company, 538 West Street, Daytona Beach, FL, in the amount of $303,783, for the Peabody Auditorium Electrical Service upgrade project. Funds available in the Capital
Projects Fund.
Recommendation: Deputy City Manager/Operations recommends adoption of the Resolution.
8J. Allocation of Bike Week Sponsorship Funds (pp. 223-225)
Resolution authorizing payment from the General Fund in the amount of:
$100 to the Word and Praise Family Church, Inc., for the "Destined for Excellence In Education: Evening of the Arts" fundraising; and $250 to the Kingdom Minded Worldwide Ministries for the "God Belongs in My City" event from the Bike Week
Sponsorship Funds of Commissioner Patrick Henry.
$300 to the Bellaire Community Group; $300 to the Beachside Neighborhood Watch; $300 South Atlantic Neighborhood Association; $300 to Fairway Estates Homeowners; $300 to Ocean Dunes Association; $300 to Save Our Neighborhoods; $1,200 to the Stewart Marchman Act Foundation; and $300 to Light Up Midtown from the Bike
Week Sponsorship Fund of Commissioner Carl Lentz, IV.
$250 to the Kingdom Minded Worldwide Ministries for the "God Belongs in My City" event from the Bike Week Sponsorship Funds of Commissioner Paula Reed.

Item 9

Daytona Playhouse - Semi-Public Use Permit (pp. 226-252)
Resolution - PUBLIC HEARING - approving a Semipublic Use Permit to allow a place
of assembly for a nonprofit community theater use, expanding the existing facility and
including associated site improvements located at 100 Jessamine Blvd. Applicant:
Pete Zahn, P.E., Zahn Engineering, Inc., on behalf of Daniel Crile, President, Board of
Directors, Daytona Playhouse.
Richard Walton, Planning Director, to report
Recommendation: Planning Board recommends approval 9-to-0.
Action: Motion to adopt the Resolution.

Item 10A

Florida Department of Environmental Protection (FDEP) Clean Water State Revolving
Pre-Construction Loan Application (CWSRF) (pp. 253-259)
Ordinance on first reading - approving a pre-construction loan application and preconstruction loan agreement under the Florida Department of Environmental Protection
(FDEP) Clean Water State Revolving Fund (CWSRF) Program for purposes of funding
two priority City projects, including the Beach Street Forcemain and the Westside
Regional Tertiary Filter Replacement Projects.
John J. Drago, Interim Utilities Director, to report.
Recommendation: Interim Utilities Director recommends passing the Ordinance
on first reading.
Action: Motion to pass the Ordinance on first reading.
Note: If passed, Public Hearing, October 15.

Item 10B

Land Development Code Text Amendment - Permitting EMC's for Places of Assembly
(pp. 260-273)
Ordinance on first reading - amending the Land Development Code (LDC), Article 18
(Appearance Standards), Section 6 (Signs), permitting Electronic Message Center
(EMC) signs for places of assembly with permanent buildings capable of
accommodating at least 500 seats, on sites exceeding 100 acres located adjacent to
interstate highways. Applicant: Robert A. Merrell III, Esq., Cobb Cole, on behalf of
Dr. Mark Howell, First Baptist Church of Daytona Beach, Inc.
Richard Walton, Planning Director, to report
Recommendation: Planning Board recommends approval 6-to-3.
Action: Motion to pass the Ordinance on first reading.
Note: If passed, Public Hearing, October 15.

Item 10C

First Baptist Church of Daytona Beach- Rezoning from Planned Commercial
Development (PCD) to Planned Master Development (PMD) (pp. 274-378)
Ordinance on first reading - approving a request to rezone 138± acres of property
located west of Tomoka Farms Road, north of Interstate 4, and south of W. ISB, from
Planned Commercial Development to (PCD) to Planned Master Development (PMD) to
allow for the phased development of the church and accessory uses and authorizing the
Mayor to execute a PMD Agreement. Applicant: Robert A. Merrell III, Esq., Cobb
Cole, on behalf of Dr. Mark Howell, First Baptist Church of Daytona Beach, Inc.
Richard Walton, Planning Director, to report.
Recommendation: Planning Board recommends approval 8-to-1.
Action: Motion to pass the Ordinance on first reading.
Note: If passed, Public Hearing, October 15.

Item 10D

Becks Homestead - Rezoning, Residential Planned Unit Development (RPUD) (pp.
379-423)
Ordinance on first reading - approving a request to rezone 5.25± acres of land located
at 2514 and 2518 South Peninsula Drive and Tenney Drive from Single Family
Residential (R-1A) to Residential Planned Unit Development (RPUD) and authorizing
the Mayor to execute an RPUD Agreement. Applicant: James S. Morris, P.A., on
behalf of John Dodge Investments LLC.
Richard Walton, Planning Director, to report
Recommendation: Planning Board recommends approval 9-to-0.
Action: Motion to pass the Ordinance on first reading.
Note: If passed, Public Hearing, October 15.

Item 10E

Grand Isle Residential Planned Unit Development - Time Extension - First Amendment
to Residential Planned Unit Development (RPUD) Agreement (pp. 424-459)
Ordinance on first reading - approving a request to extend the expiration date of the
Grand Isle Residential Planned Unit Development Agreement by an additional three
years, or until May 17, 2017 and authorizing the Mayor to execute the First
Amendment to the Grand Isle RPUD Agreement. Applicant: Joseph Hopkins, The
Performance Group, Inc., on behalf of Shoreline Development, LLC.
Richard Walton, Planning Director, to report.
Recommendation: Planning Board recommends approval 9-to-0.
Action: Motion to pass the Ordinance on first reading.
Note: If passed, Public Hearing, October 15.

Item 10F

Overlook Residential Planned Unit Development (RPUD) - Time Extension - Second
Amendment to RPUD Agreement (pp. 460-520)
Ordinance on first reading - approving a request to extend the completion dates within
the Overlook RPUD Agreement located at 100 and 101 Seabreeze Blvd. for required
park construction by one year, or until November 30, 2015, and to extend the
completion date for the marina construction by three years, or until November 30, 2020
and authorizing the Mayor to execute the Second Amendment to the Overlook RPUD
Agreement. Applicant: James S. Morris, P.A., on behalf of Daytona Seabreeze, LLC
and Seabreeze Daytona Marina, LLC.
Richard Walton, Planning Director, to report.
Recommendation: Planning Board recommends approval 9-to-0.
Action: Motion to pass the Ordinance on first reading.
Note: If passed, Public Hearing October 15.

Item 10G

Embry-Riddle Aeronautical University (ERAU) Chanute - Rezoning, Residential
Planned Unit Development (RPUD) (pp. 521-546)
Ordinance on the first reading - approving a request to rezone 9.77± acres of property
located at 1601 Woodcrest Drive from Multifamily (RA and R-2a) to Residential
Planned Unit Development (RPUD), to allow for the phased development of dormitory
and fraternity uses and associated infrastructure improvements and authorizing the
Mayor to execute an RPUD Agreement. Applicant: Robert A. Merrell III, Esq., Cobb
Cole, on behalf of Chris Hardesty, Embry-Riddle Aeronautical University (ERAU).
Richard Walton, Planning Director, to report.
Recommendation: Planning Board recommends approval 9-to-0.
Action: Motion to pass the Ordinance on first reading.
Note: If passed, Public Hearing, October 15.

Item 10H

Exemption of Ad Valorem Tax for Masci General Contractor, Inc. (pp. 547-568)
Ordinance on first reading - approving an exemption of ad valorem tax for Masci
General Contractor, Inc. over a four year period for a portion of the assessed value of
all applicable improvements to real and tangible personal property at parcels #44-14-
32-01-29-0010 and #44-14-32-01-29-0012 located in Daytona Beach. Masci is also
acquiring additional property in Holly Hill, FL which does not factor into the City's tax
abatement. The tax exemption would assist Masci Construction move into Daytona
Beach including its purchase and rehabilitation of the portion of the site in Daytona
Beach, as well as, purchase of equipment. Masci will build an asphalt plant on the
property. Over the four year period of exemption, Masci is projected to generate
$3,935,000 in new capital investment, create one-hundred (100) new jobs at an average
annual wage of $44,250, and cumulative total payroll of $29,104,000. The Economic
Development Advisory Board (EDAB) approved the following recommended tax
exemption schedule at its September 23, 2014 special meeting: 100% in year 1; 75% in
year 2; 50% in year 3; and 25% in year 4. This recommendation is within the
Guidelines on Ad Valorem Tax Exemption previously approved by the City
Commission through Resolution 13-313 and the Commission may grant the exemption
to stimulate economic development. The cumulative value of the exemption over the
four year period of exemption is estimated to be $46,128 per the Volusia County
Property Appraiser.
Emory Counts, Economic and Community Development Director, to report.
Recommendation: Economic and Community Development Director
recommends passing the Ordinance on first reading.
Action: Motion to pass the Ordinance on first reading.
Note: If passed, Public Hearing, October 15.

Item 10I

City Code Amendment - Rental of Residential Dwelling Units (pp. 569-571)
Ordinance on first reading - amending Chapter 26, Art. VI, section 26-296,
Inspections; issuance of license and renewal, to clarify the City Code with respect to
inspection warrants.
Marie Hartman, City Attorney, to report.
Recommendation: City Attorney recommends passing the Ordinance on first
reading.
Action: Motion to pass the Ordinance on first reading.
Note: If passed, Public Hearing, October 15.

Item 10J

Bad Boys Saloon - Biketoberfest Petition (pp. 572-592)
Louis DeRosa, owner of Bad Boys Saloon, 601 Main Street, has filed a petition to have
the City Commission act on his request to be allowed to have outside activities during
Biketoberfest, October 16-19, 2014 in accordance with the Land Development Code,
Article 17, Section 2.111. The applicant did not submit the event application in a
timely manner, therefore could not appeal staff's rejection of the late application to the
Special Magistrate pursuant to Section 9 of the Master Plan Guidelines for Bike Week
and Biketoberfest.
Paul McKitrick, Deputy City Manager/Administrative Services, to report

Items 11 & 12

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