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 July 9, 2014, Budget Workshop, the August 27, 2014
Budget Workshop, and the September 17, 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 6A

BEAUTIFICATION AWARDS - OCTOBER 2014 (pp. 11-13)
Residential Award:
Jeff and Wanda Lalanne, 1500 Crescent Ridge Road, Commissioner Carl Lentz, Zone 1,
to present.
Commercial Award:
The Barrington Apartments, 875 Derbyshire Road, Mayor Derrick Henry to present.

Item 6B

Presentation - Florida Department of Transportation (FDOT) - Volusia County Transit
Connector Study (pp. 14-16)
Presentation of Project Kickoff for the Volusia County Transit Connector
Study presented by Florida Department of Transportation (FDOT).

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

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. Daytona Beach Bandshell - Historic Preservation Grant Application - Submission and
Acceptance (pp. 18-26)
Resolution authorizing the submission of a grant application and acceptance of funds if
approved, to the State of Florida Historic Preservation Special Category Matching
Grants Program for the purpose of rehabilitation of the historic Daytona Beach
Bandshell, in an amount up to $350,000, with a match amount up to $175,000; and
authorizing the City Manager to execute any documents in furtherance of the grant
application. Funds available in the Main Street Redevelopment Fund.
Recommendation: Redevelopment Director recommends adoption of the
Resolution.
8B. Cost of Living Adjustment Increase (pp. 27-30)
Resolution amending Resolution 14-276 which adopted the 2014-2015 Budget, in order
to increase the Cost of Living Adjustment (COLA) from two percent to three percent.
The increase will be effective the first full pay period of the fiscal year.
Recommendation: Budget Officer recommends the adoption of the Resolution
8C. Police Department Radio Maintenance - Amendment No. 1 - Renewal (pp. 31-46)
Resolution approving Amendment No. 1 to renew the System Maintenance Agreement
and current equipment list with Harris Corporation, RFCD, 221 Jefferson Ridge
Parkway, Lynchburg, VA 24501 for the maintenance of Police mobile and portable
radios for fiscal year 2014-2015, for an annual cost of $44,140.80, to be made in
monthly installments of $3,678.40. Funds available in the General Fund.
Recommendation: Chief of Police recommends adoption of the Resolution.
8D. State Road 400/Beville Road Median Landscape Improvements - Work Authorization
Approval (pp. 47-55)
Resolution approving the total project expenditure in the amount of $30,035.50, for
Work Authorization No. 20 ($23,750), Work Authorization No. 25 ($4,285.50) and
Work Authorization No. 26 ($2,000 for As-Built Landscape Plans) to Zev Cohen &
Associates for the State Road 400/Beville Road Median Landscape Improvement
Plans. Work Authorization No. 26 is for As-Built plans that were required to facilitate
Project close-out with the Florida Department of Transportation to maintain the project
completion deadline of September 2014. Wok Authorization No. 20 was for Landscape
Design, Construction Documents, and FDOT permit applications. Work Authorization
was for revised design additional services. Funds available in the Water and Sewer
Fund and the General Fund.
Recommendation: Deputy City Manager/Operations recommends adoption
of the Resolution.
8E. Utilities Department - Bid Award - Transport and Dispose of Lime Sludge for the Water
Plant Fiscal Year 2014-2015 (pp. 56-76)
Resolution awarding Bid No. 0114-2240 to Prolime Corporation, 58610 Van Dyke,
Washington, MI 48094, for a three-year term, for transport and disposal of lime sludge
services at a rate of $13.43/ton with provisions to authorize the expenditure of $350,00
for the disposal of sludge for fiscal year 2014-2015, as well as authorizing the City
Manager to expend the annual budget appropriations for said services. Funds available
in the Water and Sewer Operating Fund.
Recommendation: Interim Utilities Director recommends adoption of the
Resolution.
8F. Daytona Beach Bandshell - Roof Replacement - Bid Acceptance (pp. 77-94)
Resolution accepting the lowest responsive and responsible bid, in the amount of
$145,000, from S&S Roofing Systems, Inc., 2949 West State Road 434, Suite 300,
Longwood, FL, to replace the roof at the Daytona Beach Bandshell using the existing
clay titles and supplementing with new tiles from the same manufacturer as the existing
as needed. This project is being funded with a Volusia County ECHO Grant. Funds
available in the Cultural Services Fund.
Recommendation: Deputy City Manager/Operations recommends adoption
of the Resolution.
8G. Utilities Department - Refurbish Bar Screens and Purchase Screen Washers Westside
Regional Wastewater Treatment Facility - Sole Source (pp. 95-111)
Resolution approving the sole source purchase, with provisions, in an amount not to
exceed $347,291, from Parkson Corporation, 1401 West Cypress Creek Road, Suite
100, Fort Lauderdale, FL 33309, to refurbish bar screens and purchase screen washers
for Westside Regional Wastewater Treatment Facility. The bar screen removes large
debris from the incoming wastewater stream, protects downstream equipment from
damage, and allows the biological treatment process to function more effectively to
comply with FDEP reuse water quality standards. The wash press unit washes the bar
screen prior to the bar screen returning to the incoming wastewater stream. Both bar
screen system units are more than 20 years old. The Florida Department of
Environmental Protection (FDEP) requires that both bar screen units be fully functional
in order to maintain full compliance with the City's operating permit. This purchase is
NovusAGENDA
http://agenda.codb.us/public/MeetingView.aspx?MeetingID=263&MinutesMeetingID=-1[10/10/2014 4:33:13 PM]
sole source because Parkson Corporation is the original equipment manufacturer and
the only vendor who can rebuild Parkson screens. Funds available in the Water and
Sewer Improvement Fund.
Recommendation: Interim Utilities Director recommends adoption of the
Resolution.
8H. Allocation of Bike Week Sponsorship Funds (pp. 112-113)
Resolution authorizing payment from the General Fund in the amount of:
$100 to the Boys & Girls Club of Volusia/Flagler County for four youths to participate
in the 9/13 "Run for Success" Event from the Bike Week Sponsorship Funds of
Commissioner Paula Reed.
Recommendation: Chief Financial Officer recommends adoption of the
Resolution.
8I. Allocation of Bike Week Sponsorship Funds **Addendum added 10-10-14**
Resolution authorizing payment from the General Fund in the amount of:
$250 to Bethune-Cookman University (BCU) Legacy Awards Gala from the Bike
Week Sponsorship Funds of Commissioner Paula Reed.
Recommendation: Chief Financial Officer recommends adoption of the
Resolution.

Item 9A

Florida Department of Environmental Protection (FDEP) Clean Water State Revolving
Pre-Construction Loan Application (CWSRF) (pp. 114-120)
Ordinance on second reading - PUBLIC HEARING - approving a pre-construction
loan application and pre-construction 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 adoption of the
Ordinance.
Action: Motion to adopt the Ordinance.

Item 9B

Land Development Code Text Amendment - Permitting EMC's for Places of Assembly
(pp. 121-134)
Ordinance on second reading - PUBLIC HEARING - 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 adopt the Ordinance.

Item 9C

First Baptist Church of Daytona Beach- Rezoning from Planned Commercial
Development (PCD) to Planned Master Development (PMD) (pp. 135-239)
Ordinance on second reading - PUBLIC HEARING - 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 adopt the Ordinance.

Item 9D

Becks Homestead - Rezoning, Residential Planned Unit Development (RPUD) (pp.
240-284)
Ordinance on second reading - PUBLIC HEAIRNG - 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 adopt the Ordinance.

Item 9E

Grand Isle Residential Planned Unit Development - Time Extension - First Amendment
to Residential Planned Unit Development (RPUD) Agreement (pp. 285-328)
Ordinance on second reading - PUBLIC HEARING - 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 adopt the Ordinance.

Item 9F

Overlook Residential Planned Unit Development (RPUD) - Time Extension - Second
Amendment to RPUD Agreement (pp. 329-389)
Ordinance on second reading - PUBLIC HEARING - 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 adopt the Ordinance.

Item 9G

Embry-Riddle Aeronautical University (ERAU) Chanute - Rezoning, Residential
Planned Unit Development (RPUD) (pp. 390-452)
Ordinance on the second reading - PUBLIC REAING - 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.

Item 9H

Exemption of Ad Valorem Tax for Masci General Contractor, Inc. (pp. 453-474)
Ordinance on second reading - PUBLIC HEARING - 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 adoption of the Ordinance.
Action: Motion to adopt the Ordinance.

Item 9I

City Code Amendment - Rental of Residential Dwelling Units (pp. 475-477)
Ordinance on second reading - PUBLIC HEARING - 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 adoption of the Ordinance.
Action: Motion to adopt the Ordinance.

Item 10A

.Beautification Tree Advisory Board - Appointment (pp. 478-485)
Resolution appointing one (1) member to the Beautification/Tree Advisory Board. The
board consist of seven (7) members, one from each Commission zone and one member
at large who serve three (3) year staggered terms, commencing January 1 and shall end
December 31. Must be a qualified elector of the City and reside within the zone from
which appointed. We have one applicant from zone 2: Kathleen Wilson Harmon.
Betty Goodman, Assistant City Manager, to report.
Recommendation: Commission action.
Action: Motion to adopt the Resolution.

Item 10B

Code Enforcement Board - Appointments (pp. 486-496)
Resolution appointing three (3) members to the Code Enforcement Board. The
membership terms of Weegie Kuendig, Rico Brown and Neil Harrington expired on
Aug 23, 2014. Members of the board shall be a resident of the City. Appointments
shall be made on the basis of experience or interest in the fields of zoning and building
control. The membership of the Board shall include whenever possible an architect
(A), a business person (BP), an engineer (E), a general contractor (GC), a subcontractor
(SC) and a realtor (R). Ms. Kuendig and Mr. Harrington would like to be reappointed and we have an additional application from Thomas A.D. Jones.
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.