Items 1 - 3

1. ROLL CALL.

2. INVOCATION.

3. PLEDGE OF ALLEGIANCE TO THE FLAG.

Items 4 & 5

4. APPROVAL OF MINUTES.

Approval of the minutes of the October 17, 2012 Regular City Commission Meeting held in the Commission Chambers, City Hall, 301 South Ridgewood Avenue, Daytona Beach, Florida.

5. AGENDA APPROVAL.

Consent Agenda

Consent Agenda

Items 6A - 6H

Item 7A

Rezoning – Planned Commercial Development – Restaurant District at Volusia Mall
(pp. 262-442)
Ordinance on second reading – PUBLIC HEARING - approving a request to rezone 4.6± acres of land located at 1794 West International Speedway Boulevard (ISB), generally located on the northeast corner of West International Speedway Boulevard and Bill France Boulevard from T-4 (Tourist) and BR2 (Shopping Center) to PCD (Planned Commercial Development), establishing the Restaurant District at Volusia
Mall. Applicant: Robert A. Merrell, III, Esq., on behalf of Consolidated Inns of Daytona
Beach, Inc./Volusia Mall LLC. Richard Walton, Planning Director, to report.
Recommendation: Planning Board recommends approval 11-to-0 w/conditions.
Action: Motion to adopt the Ordinance.

Item 7B

Mid-Town Cultural and Educational Center, Yvonne Scarlett-Golden Cultural and
Educational Center, and Manatee Island - Proposed Rates - City Code of Ordinance -
Chapter 82 Amendment (pp. 443-452)
Ordinance on second reading - PUBLIC HEARING - amending City Code of Ordinances - Chapter 82 to include the proposed rates for the Mid-Town Cultural and Educational Center, Yvonne Scarlett-Golden Cultural and Educational Center, and Manatee Island. Rates for these specific locations are not listed in Section 82 of the Code of Ordinance due to new construction and renovations. Percy Williamson, Leisure Services Director, to report.
Recommendation: Leisure Services Director recommends adoption of the Resolution.
Action: Motion to adopt the Ordinance.

Item 7C

Ordinance Creating a new Article in City Code entitled "Sale or Display of Herbal
Incense and Bath Salts" (pp. 453-460)
Ordinance on second reading - PUBLIC HEARING - creating a new Article in City Code entitled "Sale or Display of Herbal Incense and Bath Salts"; Prohibiting the sale, display or distribution of herbal incense and bath salt products; providing definitions; providing penalties; providing severability, codifications, conflicts and an effective date.
Michael Chitwood, Chief of Police, to report.
Recommendation: Chief of Police recommends adoption of the Ordinance.

Action: Motion to adopt the Ordinance.

Item 8B

Rezoning – Planned Master Development – Halifax Hospital Medical Center (pp. 475-535) Ordinance on first reading – approving a request to rezone 77.5± acres of land, generally located on the west side of Clyde Morris Boulevard, north of West International Speedway Boulevard (ISB) and directly across from Halifax Hospital
Medical Center, from HM (Hospital/Medical) to PMD (Planned Master Development), for construction of a mixed-use development that includes a variety of uses intended to
complement the surrounding area. Applicant: Robert A. Merrell, III, Esq., on behalf of
Michael S. Morgan with Halifax Hospital Medical Center (HHMC).
Richard Walton, Planning Director, to report.
Recommendation: Planning Board recommends approval 11-to-0.
Action: Motion to pass the Ordinance on first reading.
Note: If passed, Public Hearing, December 5.

Item 8C

Amendment to City/County City Island Parking MOU (pp. 536-548)
Resolution adopting an Amended and Restated Memorandum of Understanding between The City of Daytona Beach and Volusia County. The MOU continues the City’s commitment to allow nonexclusive use of City Island parking for Library patronage, establishing new restrictions on events occurring on City Island that may adversely impact the availability of parking during early voting periods and on days
when voting occurs at the Library, and establishes new conditions allowing for paid
parking charged by the Cubs in the Judicial Center parking lot.
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.

Item 8D

Amendment to the Amended and Restated Lease with Big Game Florida LLC (pp.549-555)
Resolution amending the Amended and Restated Lease approved by the City Commission on September 19, 2012, (Res No. 12- 253) between The City of Daytona Beach and Big Game Florida LLC; to incorporate provisions of the Memorandum of Understanding between the City and Volusia County dealing with parking on City
Island. All other terms remain unchanged.
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 8E & 8F

8E. Beautification/Tree Advisory Board - Appointment (pp.556-565)
Resolution appointing one (1) member to the Beautification/Tree Advisory Board for
Zone 6. The board consist of seven 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 application from Lionurd Tynes.
Betty Goodman, Assistant City Manager, to report.
Recommendation: Commission action.
Action: Motion to adopt the Resolution.

8F. Beautification/Tree Advisory Board - Removal and Appointment **Addendum added
11-07-12**

Resolution appointing one (1) member to the Beautification/Tree Advisory Board for
zone 2. The membership for Chris Daun is to be terminated and an appointment made.
The board consists 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 two applications from Zone 2, Camille Holder-Brown and Joyce Case.
Betty Goodman, Assistant City Manager, to report.
Recommendation: Commission action.
Action: Motion to adopt the Resolution.

Item 8G

November 6, 2012 Regular and Special General Municipal Elections – Declaring
Results **Addendum added 11-07-12**
Resolution declaring the results of the November 6, 2012, Regular and Special
Municipal General Elections, for the Election of Mayor and for the election by Zone for
City Commissioner for Zones 1, 4 and 6; declaring Derrick L. Henry duly elected as
Mayor; and declaring Carl Lentz, IV duly elected as City Commissioner, Zone 1;
declaring Robert Gilliland duly elected as City Commissioner, Zone 4; declaring Paula R. Reed duly elected as City Commissioner, Zone 6 in the Municipal General Election November 6, 2012 presented for approval by the City Commission per the City Charter. Jennifer L. Thomas, City Clerk, to report.
Recommendation: City Clerk recommends adoption of the Resolution.
Action: Motion to adopt the Resolution.

Item 9

CITIZENS.

PUBLIC COMMENT BY PEOPLE ADDRESSING THE CITY COMMISSION.

Items 10 & 11

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

11. ADJOURNMENT.