Call to Order

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

Item 4A

Approval of the minutes of the
September 4, 2013 Budget Workshop - City
Commission, the October 2, 2013 Wayfinding Workshop - City Commission, the
October 23, 2013 Executive Session/Closed Meeting - City Commission, and the
October 16, 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 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

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

Consent Agenda Items 7A - 7R.

7A.American Federation of State, County, and Municipal Employees (AFSCME), Florida
Council 79 - Memorandum of Agreement FY 2013/2014 - General Wage Increase
(pp.14-44)
Resolution amending the collective bargaining agreement adopted by Resolution 12-240, to provide for a 2% general wage increase. The minimum and maximum of each
pay grade will be adjusted by 2%. Recommendation : Human Resources Director recommends adoption of the
Resolution.

7B. Settlement of Litigation - S. Guardiano as P.R. of
Estate of Kimberly Staton (pp. 45-49)
Resolution authorizing payment in the amount of $150,000 to S. Guardiano as P.R. of
Estate of Kimberly Staton, and his attorney Mark Matovina, for release and full
settlement of all claims arising from a May 5, 2011 accident.
Funds available in the Consolidated Insurance Fund.Recommendation: City Attorney recommends adoption of the Resolution.

7C. Utilities Department - Utility Easement - Acceptance
(pp. 50-54) Resolution accepting an underground utility easement at 524 S. Beach
Street from the Housing Authority of the City of Daytona Beach for the construction of a stormwater
force main and for an existing gravity stormwater main. There is no funding associated with this request.
Recommendation: Interim Utilities Director recommends adoption of
the Resolution

7D. Kale Cafe - Sidewalk Cafe License Agreement - Approval (pp. 55-64)
Resolution approving a Sidewalk Cafe License Agreement with Midtown Ecovillage Inc. to provide outdoor table service in the RDD-1 (Beach Street Retail) zoning district at 116 North Beach Street. On October 1, 2013, the Downtown/Ballough road Redevelopment Board recommended approval 8-to-0. Redevelopment Director recommends adoption of the Resolution.

7E. Chef Papa's Cafe - Sidewalk Café License Agreement - Approval
(pp. 65-74) Resolution approving a Sidewalk Café License Agreement with Chef Papa, Inc. to
provide outdoor table service in the RDD-1 (Beach Street Retail) zoning district at 156
South Beach Street.On October 1, 2013, the Downtown/Ballough Road
Redevelopment Board recommended approval 7-to-0.
Recommendation : Redevelopment Director recommends adoption of the
Resolution.

7F. The City of Daytona Beach - Daytona Regional Chamber of Commerce - Bike Week
Festivals Agreement - Extension (pp. 75-89)
Resolution amending the agreement with the Daytona Regional Chamber of
Commerce, Inc., relating to the City's annual Bike Festivals (Resolution No. 12-236), to
extend the current expiration date of March 2015 to March 31, 2016.
All other terms of the agreement would remain the same. The Daytona Regional Chamber of Commerce,
Inc., made this request because they have special plans for the 75th anniversary event
that occurs in 2016.
Recommendation: Deputy City Manager/Administrative Services recommends
adoption of the Resolution.

7G. Finance Department - Utility Bill Printing and Mailing Services - Contract
Approval (pp. 90-107)
Resolution approving a contract with Cash Cycle Solutions, 3035-R Horseshoe Lane,
Charlotte, NC 28208, for Utility Bill Printing and Mailing Services, for a three-year
term with one one-year renewal option (authorized by the City Manager), in an
estimated amount of $28,000.An RFP for Utility Bill Printing and Mailing was issued
July 25, 2013; the City received eleven (11) proposals.
The selection committee evaluated the proposals and recommended Cash Cycle Solutions as having the best
proposal for the City with an estimated savings of $7,800 per year as compared to the
current contract. Funds available in the Water and Sewer Fund.
Recommendation: Chief Financial Officer recommends adoption of the
Resolution.

7H.Florida Department of Transportation (FDOT) - Railroad Reimbursement Agreements -
Approval (pp. 108-149)
Resolution approving Railroad Reimbursement Agreements with the Florida
Department of Transportation (FDOT) to fund 50 percent of the ongoing maintenance
of railroad crossing improvements at the North Street and Bellevue Avenue crossings,
in an annual amount of $5,973.FDOT requires cities that have roadway crossings
maintained by FDOT to participate in the maintenance costs of those crossings.
The City currently has agreements with FDOT for the Orange Avenue and Bellevue Avenue
crossings, and FDOT is proposing that the City enter into a similar agreement for the
North Street crossings.The proposed annual fee for the North Street crossing is $1701,
and FDOT has negotiated a 50 percent reduction in the annual Bellevue Avenue
assessment from $4272 to $2136.
This will require a new agreement for Bellevue
Avenue.The result is that the City will actually realize a net savings of $435 per year.
Funds available in the General Fund.
Recommendation :Deputy City Manager/Operations recommends adoption
of the Resolution.

7I.Orange Avenue Stormwater Remediation and Infrastructure Improvements - McKim
and Creed - Contract No. 2009-022 - Change Order No. 6
(pp. 150-170)
Resolution
approving change order No. 6, in an amount not to exceed $98,592.82, to
the Engineering Services Contract No. 2009-022 with McKim and Creed , Inc., 1901
Mason Avenue, Suite 102, Daytona Beach, FL 32117, to provide bid phase services and design services to redesign the warning signal at the Lockhart Street and Orange Avenue intersection. These services were not contained in previously authorized scopes of services. Funds available in the State Revolving Loan Fund.

7J. Utilities Department - Utilities Department LPGA Complex - Security - Low Bid
Acceptance (pp. 171-180)
Resolution awarding the low bid contract to
Freedom Security Services, LLC, 801
International Parkway, Suite 500, Lake Mary, FL
32746, to provide uniformed security
guard services at the Utilities Department LPGA Complex, for a one-year term with
two one-year renewal options;authorizing the first year contract amount of $27,473;
authorizing the City Manager to
exercise the renewal options; and authorizing the City
Manager to expend up to $30,000 annually (subject to budget appropriation) without
City Commission approval for the renewal option terms.
Funds available in the Water and Sewer Fund.
Recommendation:Interim Utilities Director recommends adoption of the
Resolution.

7K.Public Works – Street Milling and Resurfacing – Low Bid Acceptance
(pp. 181-186)
Resolution accepting the low bid from Halifax Paving, Inc., 814 Hull Road, Ormond
Beach, FL 32174, for as-needed milling and resurfacing of various city streets, for a
one-year term, with two (2) one-year renewal options.
After preparing an approved list
of streets, the City will execute Work Authorization on an as-needed basis.
Recommendation : Deputy City Manager/Operations recommends adoption of
the Resolution.

7L.Real Estate Purchase -131/133 Vermont Avenue
(pp. 187-227) Resolution approving the purchase of property at 131-133 Vermont Avenue, from
Susan Pulliam, 11 Granville Circle, Daytona Beach, FL 32118, in the amount of
$118,000, plus up to $2,000 in closing costs, for the purpose of assembling contiguous
commercial lots for the redevelopment of land for commercial purposes consistent with
the South Atlantic Redevelopment Plan. Acquisition of the property is consistent with
the goals and policies of the South Atlantic Community Redevelopment Plan.
Funds available in the General Fund.Recommendation :Redevelopment Director recommends adoption of the
Resolution.

7M. Real Estate Purchase - East International Speedway Boulevard (ISB) Florida
Department of Transportation (FDOT) Retention Site
(pp. 228-242)
Resolution approving the purchase of 0.229 acres of the uplands portions of East
International Speedway Boulevard (ISB) Florida Department of Transportation (FDOT)
retention site, in the amount of $65,000 plus up to $1,000 in closing costs, for the
purpose of assembling commercial lots to encourage redevelopment of land for
commercial purposes consistent with South Atlantic Redevelopment Plan.
The acquisition of property is consistent with the goals and policies of the South Atlantic
Community Redevelopment Plan.Funds available in the General Fund.Recommendation: Redevelopment Director recommends adoption of the
Resolution.

7N.Utilities Department - Potable Waterline Emergency Repair (pp. 243-250)
Resolution approving the emergency repair (Purchase Order 66373), with R.A. Scott
Construction Company, P. O. Box 9667, Daytona Beach, Florida, and authorizing
payment in an amount not to exceed $14,149, for the repair of a 36" potable waterline
leaving the Brennan Water Treatment Plant. The required repair was classified as an
emergency and the City Manager signed the purchase order to authorize repairs.
This request is needed to close out the purchase order and to pay the contractor. Funds available in the Water and Sewer Fund.
Recommendation:Interim Utilities Director recommends adoption of the
Resolution.

7O. Utilities Department - Water Treatment Plant - Refurbish Liquid Carbon Dioxide Tank
and Vaporization System - Sole Source Purchase (pp. 251-260)
Resolution approving the sole source purchase from Tomco2 Systems, 3340 Rosebud
Road, Loganville, GA 30052, in an amount not to exceed $119,475, to refurbish a 30
ton liquid carbon dioxide storage tank and vaporization system ($97,475) and rent a 30
ton liquid carbon dioxide storage tank and vaporization system ($22,000).
The watertreatment plant has two 30 ton liquid carbon dioxide tanks and vaporization systems that
are 30 years old.
Liquid carbon dioxide is used in the water treatment process to
balance the pH levels after lime is added.
The City's protocol for the use of liquid
carbon dioxide is to have one tank operating and the second tank off line for routine
maintenance.
To maintain this protocol the City will be required to rent a spare tank
and vaporization system for four months while our equipment is being refurbished.
Tomco2 Systems is the original manufacturer and the only vendor who can repair and
service our equipment.
Funds available in the Water and Sewer Fund.
Recommendation:Interim Utilities Director recommends adoption of the
Resolution.

7P.Utilities Department - Wastewater Treatment Facilities - Supplemental Carbon Source -
Purchase (pp. 261-284)
Resolution approving the purchase of supplemental carbon source, in an amount not to
exceed $750,000, from Environmental Operating Solutions, Inc., 160 MacArthur
Boulevard, Suite 6, Bourne, MA 02532; authorizing the City Manager to exercise the
two one-year purchase renewal options; and authorizing the City Manager to expend up
to $750,000 annually (subject to budget appropriation) without City Commission
approval for the renewal options.
The City uses supplemental carbon source for
denitrification at the wastewater treatment facilities to meet regulations as required by
the Florida Department of Environmental Protection (FDEP).
Funds available in the
Water and Sewer Fund.
Recommendation: Interim Utilities Director recommends adoption of the Resolution.

7Q. Allocation of Bike Week Sponsorship Funds (pp. 285-291)
Resolution authorizing payment in the amount of:
$200 to Mainland Basketball Program to sponsor 20 children for the Coed Basketball
Skills Clinic from the Bike Week Sponsorship Fund of Mayor Derrick Henry.
Funds available in the General Fund. $1,000 to the Rose Marie Bryon Children Center from the Bike Week Sponsorship
Fund of Commissioner Paula Reed. Funds available in the General Fund.
$240 for bottled water to the Living Faith
World Ministries from the Bike Week Sponsorship Fund of Commissioner Patrick Henry.
Funds available in the General Fund.
$1000 for the Christmas Tree for Downtown and $1000 for the Light Up Midtown
project from the Bike Week Sponsorship
Fund of Commissioner Kelly White.
Funds available in the General Fund. Recommendation: Chief Financial Officer recommends adoption of the
Resolution.

7R. Allocation of Bike Week Sponsorship Funds
**Addendum added 11-06-13**
Resolution
authorizing payment in the amount of:
$100 to Champion Elementary School PTA
from the Bike Week Sponsorship Fund of Mayor Derrick Henry. Funds available in the Gerneral Fund.
Recommendation: Chief Financial Officer recommends adoption of the Resolution.

Item 8A

Economic Development Advisory Board (EDAB) - Membership Requirements -
Amendment
(pp. 292-297)
Ordinance
on
second reading
– PUBLIC HEARING -
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.
Emory Counts, Economic/Community Development Director, to report.
Recommendation: Economic/Community Development Director recommends
adoption of the Ordinance.
Action :Motion to adopt the Ordinance.

Item 8B

Land Development Code Text Amendment – Permitting EMC’s at Auto Dealerships
along I-95
(pp. 298-318)
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 in Planned Commercial
Districts subject to certain standards and conditions.
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 8C

Rezoning – Planned Commercial Development 5th Amendment – Daytona Auto Mall
(pp. 319-353)
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.
(Continued from the
October 16, 2013 Regular City Commission Meeting)
Richard Walton, Planning Director, to report.
Recommendation
:
Planning Board recommends denial 5-to-6.
Action
:
Motion to adopt the Ordinance.

Item 9A

Florida Department of Environmental Protection (FDEP) - Drinking Water Revolving
Loan
(pp. 354-357)
Ordinance on first reading
- authorizing the City Manager to apply for $3,000,000 in
Florida Department of Environmental Protection (FDEP) Drinking water Revolving
Loan Funds to finance the potable water line replacement component of the Orange
Avenue Reconstruction Project; authorizing the Mayor to execute the loan agreement;
and authorizing the City Manager to be the City's Representative for administering the
NovusAGENDA
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covenants and responsibilities of the loan agreement.
Ron McLemore, Deputy City Manager/Operations, to present.
Recommendation
:
Deputy City Manager/Operations recommends passing the
Ordinance on first reading.
Action
:
Motion to pass the Ordinance on first reading.
Note:
If passed, Public Hearing, November 20.

Item 9B

Rezoning, Residential Planned Unit Development – Eagle Landing Apartments
(pp.
358-436)
Ordinance on first reading
– approving a request to rezone 7.63± acres of land,
located between Nova Road and Clyde Morris Boulevard and south of Terrace Avenue
right-of-way, from R-2a (Multi-family) to RPUD (Residential Planned Unit
Development), to construct a 144 unit apartment complex, totaling 49,904 square feet,
with a clubhouse, pool, water/sewer & reuse irrigation extensions, development of off-
site right-of-way improvements and additional emergency access; and to authorize the
City to enter into a RPUD Agreement, establishing development standards for the
RPUD.
Applicant:
Parker Mynchenberg, P.E., on behalf of Lowell Lohman, Managing
Member of Lohman Apartments, LLC.
Richard Walton, Planning Director, to report.
Recommendation
:
Planning Board recommends approval 8-to-0 w/conditions.
Action
:
Motion to pass the Ordinance on first reading.
Note:
If passed, Public Hearing, November 20.

Item 9C

Water and Sanitary Sewer System - Capital Fees - Amendment
(pp. 437-439)
Ordinance on first reading
– providing credits against Water System and Sanitary
Sewer System Capital Fees for new plumbing installations based on demolition or
relocation of existing plumbing installations; and repealing Ordinance No. 91-209.
The
City adopted Capital Facility Fees that limited credits to a three-year period.
The City
conducted a thorough study in 2006 of other services and adopted new impact fees
relating to police, fire, parks and recreation, roads and general government. The
consultant that prepared that study recommended no time limitation on impact fee
credits in accordance with recent case law and that recommendation was adopted.
Staff
is now recommending that the time limitation for water and sewer impact fee credits be
amended so as to be consistent. There will be no time limitation on properly
documented water and sewer impact fee credits.
Paul McKitrick, Deputy City Manager/Administrative Services, to report.
Recommendation
:
Deputy City Manager/Administrative Services recommends
passing the Ordinance on first reading.
Action
:
Motion to pass the Ordinance on first reading.
Note:
If passed, Public Hearing, November 20.

Item 9D

Budget Amendment
(pp. 440-449)
Resolution
amending Resolution No. 13-223, which adopted the 2013-2014 budget, in
order to increase revenues by
$67,950 ; and increase expenditures by
$67,950.
Patricia Bliss, Chief Financial Officer, to report.
Recommendation
:
Chief Financial Officer recommends adoption of the
Resolution.
Action
:
Motion to adopt the Resolution.

Item 9E

Bike Week - Biketoberfest - Master Plan Guidelines - Amendment
(pp. 450-462)
Resolution
amending the Master Plan Guidelines for Bike Week and Biketoberfest to
delete the one-year time limitation allowing outside itinerant vending on West
NovusAGENDA
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International Speedway Boulevard, from Dr. Martin Luther King Boulevard to Keech
Street during designated motorcycle events. The amendment will permanently allow
properties in this area to have outside activities approved
through motorcycle event
master plans.
Paul McKitrick, Deputy City Manager/Administrative Services,
to report.
Recommendation
:
Deputy City Manager/Administrative Services recommends
adoption of the Resolution.
Action
:
Motion to adopt the Resolution.

Items 10 & 11

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