Call to Order

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

Item 4A

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.

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

BEAUTIFICATION AWARDS - OCTOBER 2013 (pp. 12-14)
Residential Award:
Ed and Mary Goad, 1612 Crescent Ridge Road, Commissioner Carl Lentz IV, Zone 1,
to present.
Commercial Award:
The Meeting House at Daytona, 850 North Clyde Morris Boulevard, Mayor Derrick L.
Henry to present.

Item 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 matter that is not on the Agenda.

Consent Agenda

8A. Safety Consultant Proposal Acceptance - Contract Approval (pp. 16-28)
Resolution 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) one-year 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. Funds available in the
Consolidated Insurance Fund.
Recommendation: Human Resources director recommends adoption of the
Resolution.
8B. EmployMed - Testing Services - Contract Renewal (pp. 29-38)
Resolution 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. 12-329), 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. Funds available in the Consolidated Insurance
Fund.
Recommendation: Human Resource Director recommends adoption of the
Resolution.
8C. Economic Development - Ad Valorem Tax Exemption Program - Update (pp. 39-53)
Resolution amending Resolution No. 02-271 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.
Recommendation: Economic/Community Development Director recommends
adoption of the Resolution.
8D. Central Florida Community Development Corporation (CFCDC) - 2013-2014
Community Housing Development Organization (CHDO) Agreement - Approval (pp.
54-79)
Resolution approving the 2013-2014 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. Funds available in the Federal Home Fund.
Recommendation: Economic/Community Development Director recommends
adoption of the Resolution.
8E. Team Volusia Economic Development Corporation (TVEDC) - 2013-2014
Cooperative Agreement - Approval (pp. 80-92)
Resolution approving the 2013-2014 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. Funds available in
the General Fund.
Recommendation: Economic/Community Development Director recommends
adoption of the Resolution.
8F. Del Mar Cafe - Sidewalk Cafe License Agreement - Approval (pp. 93-109)
Resolution approving a Sidewalk Café 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.
Recommendation: Redevelopment Director recommends adoption of
the Resolution.
8G. East ISB - Road Improvement Project – Ghyabi & Associates – Work Authorization
No. 1 – Approval (pp. 110-136)
Resolution 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 A1A 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. Funds available in the 5
Cent Gas Tax Fund.
Recommendation: Deputy City Manager/Operations recommends adoption
of the Resolution.
8H. Clyde Morris Boulevard Brownfield - Cardno-TBE - Contract No. 2010-018-CA -
Work Authorization No. 7 - Approval (pp. 137-152)
Resolution approving Work Authorization No. 7 under Contract 2010-18-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. Funds available in the Solid Waste Management Fund.
Recommendation: Deputy City Manager/Operations recommends adoption
of the Resolution.
8I. Orange Avenue Reconstruction Project - Mark Veenstra, P.E. - Contract No. 2009-022
- Change Order No. 1 - Approval (pp. 153-172)
Resolution approving Change Order No. 1, under Owner’s Representative Services
Contract No. 2009-022, 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. Funds available in the State Revolving
Loan Fund.
Recommendation: Deputy City Manager/Operations recommends adoption
of the Resolution.
8J. Orange Avenue Project – McKim & Creed – Contract No. 2009-022 – Change Order
No. 5 – Approval (pp. 173-206)
Resolution approving Change Order No. 5 to Contract No. 2009-022 (Resolution No.
09-219) 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). Funds available in the State Revolving
Loan Fund.
Recommendation: Deputy City Manager/Operations recommends adoption
of the Resolution. 8K. Yvonne Scarlett-Golden Cultural & Educational Center - Final Budget Reconciliation
(pp. 207-220)
Resolution approving the Yvonne-Scarlett-Golden Cultural & Educational Center
(YSG) Final Budget Reconciliation of $3,310,890. Resolution No. 11-324 authorized
$2,689,000 for construction and Resolution No. 13-38 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.
Recommendation: Deputy City Manager/Operation recommends adoption
of the Resolution.
8L. Utilities Department - Ozone System Replacement Parts - Sole Source Purchase (pp.
221-225)
Resolution 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
$58,336.10. 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 int the water to
produce reliable and safe drinking water. Funds available in the Water and Sewer
Improvement Fund.
Recommendation: Interim Utilities Director recommends adoption of the
Resolution.

Item 9A

Land Development Code Text Amendment – Permitting EMC’s at Auto Dealerships
along I-95 (pp. 226-246)
Ordinance on second reading – PUBLIC HEARING - 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 auto dealerships on sites
greater than 100 acres located adjacent to I-95. Applicant: Robert A. Merrell, III, Esq.,
on behalf of John J. Kendrick, III, Esq., representative for Daytona Auto Mall
Association.
Richard Walton, Planning Director, to report.
Recommendation: Planning Board recommends denial 5-to-6.
Action: Motion to adopt the Ordinance

Item 9B

Rezoning – Planned Commercial Development 5th Amendment – Daytona Auto Mall
(pp. 247-281)
Ordinance on second reading – PUBLIC HEARING - 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.

Item 9C

Convention Hotel & Condominiums (pp. 282-458)
Ordinance on second reading - PUBLIC HEARING - rezoning 1.3± acres of land
located at 501 N. Atlantic Avenue; amending the Daytona Beach Convention Hotel & 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.

Item 9D

Code of Ordinances Amendment - Pedal Bus Tour Services for Hire (pp. 459-478)
Ordinance on second reading - PUBLIC HEARING - 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.

Item 10A

Economic Development Advisory Board (EDAB) - Membership Requirements -
Amendment (pp. 479-484)
Ordinance on first reading – amending Ordinance No. 97-90, 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.

Item 10B

Midtown Redevelopment Area Board - Appointment (pp. 485-489)
Resolution 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, 2013. 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.
The Planning Board has selected Tony Barhoo to represent them on this board.

Item 8A

Safety Consultant Proposal Acceptance - Contract Approval (pp. 16-28)
Resolution 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) one-year 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. Funds available in the
Consolidated Insurance Fund.

Item 8G

East ISB - Road Improvement Project – Ghyabi & Associates – Work Authorization
No. 1 – Approval (pp. 110-136)
Resolution 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 A1A 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. Funds available in the 5
Cent Gas Tax Fund.

Items 11 & 12

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