Items 1-3

1. Roll Call

2. Invocation

3. Pledge of Allegiance to the Flag

Items 4 & 5

4. Approval of Minutes.
4A. Approval of Minutes

Approval of the minutes of the December 7, 2011, Regular City Commission Meeting held at 6:00 p.m., in the Commission Chambers, City Hall, 301 South Ridgewood Avenue, Daytona Beach, Florida.

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. (CITIZENS WITH CONCERNS SHOULD ADDRESS THOSE CONCERNS TO A MEMBER OF THE CITY COMMISSION OR STAFF).

Item 6

Presentation.
6A. BEAUTIFICATION AWARDS - December 2011 (pp. 14-16)

Residential Award:
Brenda Franz, 409 North Oleander Avenue, Commissioner Kelly White, Zone 3, to present.

Commercial Award:
The Palmetto Club, 1000 South Beach Street, Mayor Glenn Ritchey to present.

Item 7

Consent Agenda Items: 7A-7H

Item 8A

Budget Amendment (pp. 112-120)
Ordinance on second reading - PUBLIC HEARING - amending Ordinance No. 10-252, which adopted the 2010-2011 budget, in order to increase revenues by $36,466,845; and increase expenditures by $35,925,000 and increase transfers and capital expenditures by $541,845 for the year end close out of FY 2010/2011.

Laurie Matta, Chief Financial Officer, to report.

Recommendation: Chief Financial Officer recommends adoption of the Ordinance.

Action: Motion to adopt the Ordinance.

Item 8B

Prohibition on Public Solicitation in the Downtown Shopping District (Beach Street) (pp. 121-126)

Ordinance on second reading - PUBLIC HEARING - amending Section 66-1 City Code, as adopted in the Code of Ordinances, relating to restrictions on public solicitation for money on public property. The proposed amendment will extend the restrictions to solicitation for immediate delivery of food, and will prohibit the solicitation of money or food at anytime while on the street or public sidewalk in the Downtown Shopping District. The Downtown Shopping District includes the blocks along Beach Street, from Orange Avenue to the Post Office; from Beach Street to Palmetto Avenue. This area of Downtown has a concentration of retail stores and restaurants that are heavily pedestrian oriented. Many of the restaurants have sidewalk cafes in this area and more restaurants and sidewalk cafes are planned for this area.

Reed Berger, Redevelopment Director, to report.

Recommendation: Redevelopment Director recommends adoption of the Ordinance.

Action: Motion to adopt the Ordinance.

Item 8C

Crane Performance Products LLC - Ad Valorem Tax Exemption - Business Address Amendment (pp. 127-154)

Ordinance on second reading - PUBLIC HEARING - amending Ordinance 10-102 that approved an exemption of ad valorem tax for Crane Performance Products, LLC in order to change the business address to which the exemption would apply. Ordinance 10-102 recommended Crane Performance Products, LLC to the state as a Qualified Brownfield Business pursuant to 288.106 and 288.107 F.S., and approved an exemption of ad valorem tax over a seven year period beginning January 1, 2010 to provide funding for the 20 percent local match amount required by the state for Crane to participate in the Florida Brownfield Refund Bonus Redevelopment state incentive program. Crane’s new location is in the AERO Park Brownfield in accordance with Resolution 10-328 stating the City’s intent to grant Crane the exemption if its new business location was within the state designated Brownfield. The current ad valorem tax exemption schedule would continue and recognize that the first year of the exemption had been completed as follows: years 1-3 at 100%, years 4-5 at 75%, and years 6-7 at 50%. The Economic Development Advisory Board unanimously recommended approval of the amendment at its November 16, 2011 meeting to use the tax schedule above to provide funding in the form of an exemption ad valorem tax for the local match amount required by the state.

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 8D

Land Development Code Text Amendment - Comprehensive Sign Plans for Colleges & Universities (pp. 155-177)

Ordinance on second reading - PUBLIC HEARING - amending the Land Development Code (LDC), Article 18 (Appearance Standards), Sections 6.11 (Signs/District sign schedules) and 6.21 (Signs/Variances and modifications) to allow comprehensive sign plans for colleges and universities. Applicant: Robert A. Merrell, III, Esq., of Cobb Cole, on behalf of Embry-Riddle Aeronautical University (ERAU) and Bethune-Cookman University (BCU).

Richard Walton, Planning Director, to report.

Recommendation: Planning Board recommends approval 9-to-1.

Action: Motion to adopt the Ordinance.

Item 8E

Rezoning - Planned Commercial Development - Daytona Beverage PCD Amendment (pp. 178-216)

Ordinance on second reading - PUBLIC HEARING - rezoning 9.78± acres of land located at 2275 Mason Avenue, Daytona Beach, amending the existing Planned Commercial Development (PCD), expanding the building square footage and modifying the timetable for development. Applicant: Mark S. Dowst, P.E., on behalf of Kevin Bowler, Managing Member, Daytona Beverage LLC. Richard Walton, Planning Director, to report.

Recommendation: Planning Board recommends approval 10-to-0.

Action: Motion to adopt the Ordinance.

Item 8F

Exemption of Ad Valorem Tax - Daytona Beverages, LLC (pp. 217-228)

Ordinance on second reading - PUBLIC HEARING - authorizing an exemption of ad valorem tax, for an estimated amount of $126,278, for Daytona Beverages, LLC, to facilitate a $2,000,000, thirty thousand square foot business facility expansion and the addition of 40 new jobs at an average annual wage of $39,333. The economic impact of the company payroll over the seven-year period of the exemption is estimated to be $44,367,624 using a factor of 1.2 times the cumulative payroll. Daytona Beverages is a distribution business employing 87 employees located at 2275 Mason Avenue within a Brownfield Area designated by the City and State for economic development. Resolution No. 02-271 adopted the criteria for the City to determine if a business is eligible to receive an exemption ad valorem tax and Daytona Beverages, LLC by virtue of its expansion and performance plan meets these criteria. On November 16, 2011, the Economic Development Advisory Board (EDAB) unanimously recommended approval of this exemption.

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 8G

Rezoning - Planned Commercial Development - Daytona Beach Seventh Day Adventist Church (pp. 229-274)

Ordinance on second reading - PUBLIC HEARING - rezoning 10.22± acres of land located at 401 North Williamson Boulevard, from RP - Residential Professional to PCD (Planned Commercial Development), to allow temporary overnight parking of recreational vehicles. Per the City’s Land Development Code (LDC), Article 3, Section 1.3, a super-majority vote of the City Commission is required to approve this action, due to the Planning Board’s recommendation of denial. Applicant: Christopher Challis, Esq., Cobb Cole, on behalf of Katherine Fairchild, Florida Conference Association of Seventh Day Adventist Church.

Richard Walton, Planning Director, to report.

Recommendation: Planning Board recommends denial 2-to-8.
Requires a Super Majority vote of the City Commission for approval.

Action: Motion to adopt the Ordinance.

Item 8H

Stormwater Non-Ad Valorem Assessments - Uniform Collection Method - Approval (pp. 275-278)

Resolution - PUBLIC HEARING - authorizing the Uniform Method of collecting stormwater non-ad valorem assessments. Stormwater fees have been enacted for the purpose of building and maintaining the Stormwater Management System in the City of Daytona Beach. The fees have been billed and collected monthly on water bills. Staff is recommending the stormwater fees be collected through the Uniform Method of collection as a non-ad valorem special assessment as provided under Florida Statutes, Chapter 197.3632. No change is proposed in the fee, however the fee would no longer be billed on monthly water bills but would now appear on the annual property tax bill issued in November and would cover the fiscal year from October 1, 2012 through September 30, 2013. Properties that are exempt from ad valorem tax would continue to be charged the stormwater fee on their monthly utility bills. This change is estimated to result in a net increase in annual stormwater revenue of approximately $140,000.

Laurie Matta, Chief Financial Officer, to report.

Recommendation: Chief Financial Officer recommends adoption of the Resolution.

Action: Motion to adopt the Resolution.

Item 9A

Farmers' Market - License Agreement - Approval (pp. 279-359)

Resolution approving a license agreement with The Daytona Beach Downtown Development Authority (DDA) to operate the Daytona Beach Farmers' Market, for an annual fee of $1,500, made in quarterly installments. A Request for Proposals (RFP) was issued to identify organizations interested in operation and management of the Farmers' Market. The DDA was the only respondent. The City's Selection Committee, after review and discussion, recommended the DDA. The agreement will provide for greater accountability and transparency to operate the Market.

Reed Berger, Redevelopment Director, to report.

Recommendation: Redevelopment Director recommends adoption of the Resolution.

Action: Motion to adopt the Resolution.

Item 9B

Board of Adjustment - Appointments (pp. 360-370)

Resolution appointing four (4) members to the Board of Adjustment. The terms of Trey Harshaw, James Bannerman, Thomas Leek and Walter Fordham will expire on 12/31/11. The board shall consist of seven (7) members and one (1) alternate, two (2) members shall be at large and one (1) member shall be appointed from each of the Commission zones. The Mayor shall nominate at-large members, including the alternate. Members shall serve staggered terms of three (3) years terms. Must be a qualified elector of the City and reside within the zone for which appointed. We have received applications from Trey Harshaw, James Bannerman, and Thomas Leek for reappointment. We have received an application from Tony Barhoo (Zone 5). There are no additional applications for positions with vacancies.

Betty Goodman, Assistant City Manager, to report.

Recommendation: Commission action.

Action: Motion to adopt the Resolution.

Item 9C

Daytona Beach Municipal Golf Course Advisory Board - Appointments (pp. 371-391)

Resolution appointing seven (7) members to the Daytona Beach Municipal Golf Course Advisory Board. The membership terms of all members will expire on 12/31/11. The board shall consist of seven (7) members, one (1) from each zone nominated by City Commissioners of respective zones, and one (1) at-large member nominated by the Mayor serving two (2) year terms that expire December 31 of odd numbered years. Members must reside within the zone of their appointment and be qualified electors. The following members would like to be reappointed: Kellen Wohlford, Alexis Sieg, Carol Kilian, Jack McClairen, Larry Stephens and Dwayne Murray. We have received additional applications from Bill Bailey, Richard Heuermann and Arlow Triplett.

Betty Goodman, Assistant City Manager, to report.

Recommendation: Commission action.

Action: Motion to adopt the Resolution.

Item 9D

Midtown Redevelopment Area Board - Appointments (pp. 392-423)

Resolution appointing eight (8) members to the Midtown Redevelopment Area Board. The membership terms for all members of this board have expired. 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. Patricia Heard, Denise McMillon and Hemis Ivey would like to be reappointed. Additional applications have been received from Margaret Symonette, Sophia Huger, Martin Tooley, Robert Klenk, Irma Jamison, Evelyn Bethune, John Shanks, Ken Ali, Lavania Durias and Anthony Roberts, Jr.

Betty Goodman, Assistant City Manager, to report.

Recommendation: Commission action.

Action: Motion to adopt the Resolution.

Item 9E

Resolution appointing two (2) members to the Police and Fire Pension Fund Board. The membership terms of Erin Masters and Lyle McCormick, Jr. will expire on 12/31/11 and both individuals would like to be reappointed. City Charter, Sub-pt. D, § 7, amended by Ord. No. 96-261, 96-405, 10-322, and Florida Statutes, Sections 175.061 (1)(2), 175.351[15(a)4], and 185.05(1), and 185.35(4)(a) regulate the selection of five Trustees: two (2) of whom, unless otherwise prohibited by law, shall be legal residents of the City, who shall be appointed by the Daytona Beach City Commission, one (1) of whom shall be a Police Officer Member of the System and one (1) of whom shall be a Firefighter Member of the System, who shall be elected by a majority of the Police Officers or Firefighters, respectively, who are Members of the System. The fifth Trustee shall be chosen by a majority of the previous four (4) Trustees as provided for herein, and such person's name shall be submitted to the Daytona Beach City Commission. Upon receipt of the fifth person's name, the Daytona Beach City Commission shall, as a ministerial duty, appoint such person to the Board of Trustees as its fifth Trustee. All terms are for four years commencing January 1 of even numbered years and terminating December 31 of odd numbered years. Additional applications have been received from Bill Bailey, Donald Kane, Frank Smith and McKinley Williams, II.

Betty Goodman, Assistant City Manager, to report.

Recommendation: Commission action.

Action: Motion to adopt the Resolution.

Items 9F & 9G

9F. Yvonne Scarlett-Golden Cultural & Educational Center - Project Budget Approval - Low Bids Acceptance **Addendum added 12-16-11**

Resolution approving a project budget for the Yvonne Scarlett-Golden Cultural & Educational Center Construction, in an amount not to exceed $2,689,000; accepting the low bids for various trade contracting work (see attached memo); and waiving as a minor non-material bid irregularity of the failure of all low bidders to provide specific listing of project experience. Funds available in the Recreation/Parks/Cultural Impact Fees Fund, the Capital Projects Fund, and the General Fund.

Ron McLemore, Deputy City Manager/Operations, to report.

Recommendation: Deputy City Manager/Operations recommends adoption of the resolution.

Action: Motion to adopt the Resolution.

9G. UNLISTED

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