Items 1 - 3

1. ROLL CALL.

2. INVOCATION.

3. PLEDGE OF ALLEGIANCE TO THE FLAG.

Item 4

Approval of Minutes
Approval of the minutes of the December 5, 2012 Regular City Commission Meeting and the December 7, 2012, Special City Commission Meeting held in the Commission Chambers, City Hall, 301 South Ridgewood Avenue, Daytona Beach, Florida.

Item 5

AGENDA APPROVAL

Item 6A

BEAUTIFICATION AWARDS - November and December 2012 (pp. 14-16)
November Residential Award:
Kevin and Karen Hicks, 621 Cassin Avenue, Commissioner Pam Woods, Zone 2, to present.
December Residential Award:
Scott and Robin Weidman, 157 Fairview Avenue, Commissioner Kelly White, Zone 3, to present.
November Commercial Award:
La Quinta Inn, 2725 West International Speedway Boulevard, Mayor Derrick L. Henry to present.
December Commercial:
The Museum of Arts and Sciences, 352 Nova Road, Mayor Derrick L. Henry to present.

Item 6B

Light Up Midtown Christmas Committee-Presentation (pp. 17-19)
The City of Daytona Beach is hosting the "Light Up Midtown," a celebration of holiday-themed activities in Daytona Beach's Midtown community. Local Business owners and residents were asked to decorate their businesses and residences in the holiday spirit and be judged using defined guidelines by a list of chosen judges. The Light Up Midtown Christmas Committee has selected the following Business
Award Winner for 2012: Bethune Cookman University Performing Arts Center, 698 West International Speedway Blvd., Daytona Beach, FL 32114. The Residential Award Winner for 2012 is: James B. Ashley, Jr. and Birdeen M. Ashley, 561 South Street, Daytona Beach, FL 32115.
Paula Reed, City Commissioner-Zone 6, and the Light Up Midtown Christmas Committee, to report.

Consent Agenda

Items 7A - 7D

Item 8A

Semi-Public Use Permit - Museum of Arts and Sciences (pp. 211-235)
Resolution – PUBLIC HEARING - approving a request to expand an existing Semi-Public Use Permit by 31± acres of land located at 352 South Nova Road, to allow for museum uses similar to the current uses on the adjacent property. Applicant: Robert A. Merrell III, Esquire, Cobb Cole, and Robert Ball, P.E., Zev Cohen & Associates, Inc., on behalf of Andrew Sandall, Executive Director, Museum of Arts and
Sciences. Richard Walton, Planning Director, to report.
Recommendation: Planning Board recommends approval 9-to-0.
Action: Motion to adopt the Resolution.

Item 8B

Rezoning – Planned Master Development – Halifax Hospital Medical Center (pp. 236-330) Ordinance on second reading – PUBLIC HEARING - 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). (Continued from the December 5, 2012 Regular City Commission Meeting) Richard Walton, Planning Director, to report.
Recommendation: Planning Board recommends approval 11-to-0.
Action: Motion to adopt the Ordinance.

Item 8C

Midtown Redevelopment Plan 2012 Amendment (pp. 331-527)
Ordinance on second reading - PUBLIC HEARING - approving an amendment to the Midtown Redevelopment Plan that adds goals, policies, and objectives related to the Midtown Master Plan in addition to reformatting and miscellaneous revisions. Reed Berger, Redevelopment Director to report.
Recommendation: Midtown Redevelopment Area Board recommended approval 9-to-0.
Community Redevelopment Agency recommended
approval as revised 7-to-0.
Action: Motion to adopt the Ordinance.

Item 8D

Land Development Code Text Amendment – Major Sports District Modification (pp. 528-541)
Ordinance on second reading – PUBLIC HEARING - amending the Land Development Code (LDC), Article 13, Section 3.9, to continue to allow temporary overnight RV parking within one mile of the Daytona International Speedway (DIS)
track site; and to amend Article 18, Section 6.21, to allow a Comprehensive Sign Plan
(CSP) in Planned Master Development (PMD) zoning districts. On October 17, 2012 the City Commission approved a rezoning request by DIS to rezone the Speedway track site from Major Sports District (MSD) to Planned Master Development (PMD) and also approved the DIS PMD Agreement. The proposed amendment to continue to allow temporary overnight RV parking within one mile of DIS is being processed to comply
with the recently approved PMD agreement. Applicant: Development and Administrative Services Department, Planning Division.
Richard Walton, Planning Director, to report.
Recommendation: Planning Board recommends approval 11-to-0.
Action: Motion to adopt the Ordinance.

Item 8E

Voluntary Annexation - P & S Paving (pp. 542-556) Ordinance on second reading - PUBLIC HEARING - approving a voluntary annexation for 11.01± acres of land located at 3701 Olson Drive, Daytona Beach and is generally located along the western portion of the City’s boundary, north of US Highway 92, approximately one-half mile north of Interstate 4. The applicant is seeking to expand the current asphalt processing plant, which is located in Volusia County, but adjacent to The City of Daytona Beach. Applicant: Randy Hudak, Zev
Cohen and Associates, Inc., on behalf Tim Phillips of P&S Paving Inc. Richard Walton, Planning Director, to report.
Recommendation: Deputy City Manager/Administrative Services recommends adoption of the Ordinance.
Action: Motion to adopt the Ordinance.

Item 8F

Rezoning – M5 District, P & S Paving (pp. 557-580)
Ordinance on second reading – PUBLIC HEARING - approving a request to rezone 19.7 ± acres of land located at 3701 Olson Drive, Daytona Beach, from Volusia County Rural Agriculture (A2) zoning to City of Daytona Beach Heavy Industrial (M-5) zoning. The proposed area to be rezoned is a vacant parcel adjacent to an existing asphalt plant. Applicant: Randy Hudak, P.E. on behalf of Tim Phillips, President, P &
S Paving, Inc. Richard Walton, Planning Director, to report.
Recommendation: Planning Board recommends approval 11-to-0.
Action: Motion to adopt the Ordinance.

Item 8G

Green Earth Technologies, Inc. - Qualified Target Industry (QTI) Approval - Brownfield Business Approval - Exemption of Ad Valorem Tax (pp. 581-619) Ordinance on second reading - PUBLIC HEARING - recommending Green Earth
Technologies, Inc. to the state as a Qualified Target Industry (QTI) and Qualified Brownfield Business pursuant to 288.106 and 288.107 F.S.; approving an exemption of ad valorem tax over a seven year period beginning January 1, 2014 and ending December 31, 2020 for a portion the assessed value of all improvements to real and
tangible property to provide for the state required 20% local financial support (LFS) match amount; and affirming the proposed business site at 1806 Mason Avenue is within a designated Brownfield Area. These actions would allow Green Earth Technologies, Inc. to participate in the Florida Brownfield Refund Bonus Redevelopment incentive program where it could garner up to $2,500 per eligible job to
facilitate the proposed business. Green Earth Technologies, Inc. proposes to invest
approximately $1,295,000 in construction, equipment and other purchases in its first year and an estimated $3,255,000 over the 7-year period of exemption. It would also create 41 jobs at an average annual wage of $49,000 and has set a resident hiring goal of 40%. The company, by virtue of these actions meets the City adopted criteria per Resolution 02-271 to receive an exemption. The Economic Development Advisory Board at its November 14, 2012 meeting unanimously recommended approval of the ad
valorem tax exemption schedule as follows: years 1-2 at 100%, years 3-4 at 75%, years
5-6 at 50%, and year 7 at 25%. The estimated value of the exemption per the Office of
Volusia County Property Appraiser is expected to be $67,894 and would be used to provide for the state required 20% local financial support (LFS) match amount. 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 8H

Florida SE, Inc. - Qualified Brownfield Business - Exemption of Ad Valorem Tax
(pp. 620-660) Ordinance on second reading - PUBLIC HEARING - recommending Florida SE, Inc.
a wholly owned subsidiary of Darden Restaurants, Inc. to the state as a Qualified
Brownfield Business pursuant to 288.106 and 288.107 F.S.; approving an exemption of ad valorem tax over a seven year period beginning January 1, 2014 and ending December 31, 2020 for a portion the assessed value of all improvements to real and tangible property to provide for the state required 20% local financial support (LFS) match amount; and affirming the proposed new business site at 1794 W. International Speedway Boulevard is within a designated Brownfield Area. These actions would allow Florida SE, Inc. to participate in the Florida Brownfield Refund Bonus Redevelopment incentive program where it could garner up to $2,500 per full time
equivalent (FTE) job to facilitate the proposed business. Florida SE, Inc. proposes to invest approximately $2,915,000 $4,283,000 in construction, equipment and other purchases over the 7-year period of exemption to construct a new restaurant business. The new restaurant business would also create 64 FTE jobs at an average annual wage of $25,000 and has set a resident hiring goal of 20%. The company, by virtue of these actions meets the City adopted criteria per Resolution 02-271 to receive an exemption. The Economic Development Advisory Board at its November 14, 2012 meeting
unanimously recommended approval of the ad valorem tax exemption schedule as follows: years 1-2 at 100%, years 3-4 at 75%, years 5-6 at 50%, and year 7 at 25%. The estimated value of the exemption per the Office of Volusia County Property Appraiser is expected to be $77,366 and would be used to provide for the state required 20% local financial support (LFS) match amount. 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 8I

Golf Cart - Emergency Purchase and Capital Equipment Lease (pp. 661-713) Emergency Ordinance - approving a proposal to purchase 125 new golf carts in the amount of $306,000 for the Daytona Beach Golf Club from EZ-GO/Textron Industries, 1451 Marvin Griffin Road, Augusta, GA 30906, through a capital equipment lease agreement with BB&T, Charlotte, North Carolina. Golf cart prices are consistent with the price paid by City of Jacksonville Beach, Florida on a recent contract to buy EZGO
Golf Carts. BB&T Bank provided the lowest interest rate through a competitive process to finance the equipment lease for three years with an annual lease payment not to exceed $104,370 per year. The proposal amount for the purchase price of the golf carts will expire on December 31, 2012 which provides insufficient time for approval through the required two City Commission meetings. Staff recommends the
competitive solicitation requirements be waived, approve the purchase and finance of
the golf carts, and authorize the City Manager to execute all documents needed to complete and close the capital lease. Funds available in the Golf Course Fund. Paul McKitrick, Deputy City Manager/Administrative Services, to report.
Recommendation: Deputy City Manager/Administrative Services recommends
adoption of the Emergency Ordinance.
Action: Motion to adopt Emergency Ordinance.

Item 9A

Police Department - Radio Maintenance Contract - Amendment and Renewal (pp. 714-751)
Ordinance on first reading - approving a contract amendment to the existing maintenance agreement with Harris Corporation, whose local subsidiary is Communications International, 10 Flagg Street, Daytona Beach, FL, for maintenance of the City's police mobile and portable radios to clarify renewal procedures, equipment coverage and maintenance fees for fiscal year 2012/2013, in an amount not to exceed $46,734; and provide that future adjustments to the maintenance rates and covered
equipment be approved by Resolution. Funds available in the General Funds. Michael Chitwood, Chief of Police, to report.
Recommendation: Chief of Police recommends passing the Ordinance on first reading.
Action: Motion to pass the Ordinance on first reading.
Note: If passed, Public Hearing, January 9.

Item 9B

Small Scale Comprehensive Plan Map Amendment - Walker Avenue (pp. 752-786) Ordinance on first reading – adopting a Small Scale Comprehensive Plan Map Amendment changing the Future Land Use Map designation from Level 1 Residential to Retail for .59± acres of land, generally located on the west side of Walker Avenue
between North Street and Bryant Street; and adding a new issue and policy to Neighborhood G of the Future Land Use Element in the Comprehensive Plan that restricts permissible land uses. Applicant: James S. Morris, PA, on behalf of Gaynor Dore with Ritchey Properties, LLC . Richard Walton, Planning Director, to report. Recommendation: Planning Board recommends approval 10-to-1.
Action: Motion to pass the Ordinance on first reading.
Note: If passed, Public Hearing, January 9.

Item 9C

Rezoning to Business Automotive (BA) – Walker Avenue (pp. 787-803) Ordinance on first reading – approving a request to rezone .59± acres of land generally located on the west side of Walker Avenue between North and Bryant Street,
from R-1b (Single-family) to BA (Business Automotive), to allow consolidation of the
property into the adjacent Jon Hall Chevrolet Auto Dealership fronting Nova Road.
Applicant: James S. Morris, PA, on behalf of Gaynor Dore with Ritchey Properties, LLC.
Richard Walton, Planning Director, to report.
Recommendation: Planning Board recommends approval 10-to-1.
Action: Motion to pass the Ordinance on first reading.
Note: If passed, Public Hearing, January 9.

Item 9D

Beautification/Tree Advisory Board - Appointments (pp. 804-821) Resolution appointing five (5) members to the Beautification/Tree Advisory Board. The terms of Martha Grimshaw, John Wagner, James Newman, Beverly Berger and Lionurd Tynes have expired. 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 applications for reappointment from Martha Grimshaw (AL), John Wagner (Zone 1), James Newman (Zone 3) and Lionurd Tynes (Zone 6). We have received an additional application from Edward Bertsch - Zone 4. Betty Goodman, Assistant City Manager, to report.
Recommendation: Commission action.
Action: Motion to adopt the Resolution.

Item 10

CITIZENS.
10A.PUBLIC COMMENT BY PEOPLE ADDRESSING THE CITY COMMISSION.

Items 11 & 12

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

12. ADJOURNMENT.