1. Roll Call. - Daytona Beach

06-01-16
MINUTES
REGULAR MEETING - CITY COMMISSION
June 1, 2016
Minutes of the Regular Meeting of the City Commission of The City of Daytona Beach,
Florida, held on Wednesday, June 1, 2016, at 6:00 p.m., in the Commission Chambers,
City Hall, 301 South Ridgewood Avenue, Daytona Beach, Florida.
1.
Roll Call.
Commissioner Pamela Woods
Commissioner Kelly White
Commissioner Robert Gilliland
Commissioner Patrick Henry
Commissioner Paula Reed
Commissioner Ruth Trager
Mayor Derrick Henry
Present
Present
Present
Present
Present
Present
Present
Also Present:
James V. Chisholm, City Manager
Robert Jagger, City Attorney
Letitia LaMagna, City Clerk
2.
Commissioner Henry led the Invocation.
3.
Commissioner Woods led the Pledge of Allegiance to the Flag.
4A.
APPROVAL OF MINUTES
Approval of the minutes of the May 18, 2016 Regular City Commission Meeting held at
City Hall, 301 South Ridgewood Avenue, Daytona Beach, Florida.
It was moved by Commissioner Trager to adopt the minutes.
Seconded by
Commissioner Reed. The motion passed 7-to-0 with the breakdown as follows:
Commissioner Woods
Commissioner White
Commissioner Gilliland
Commissioner Henry
Commissioner Reed
Commissioner Trager
Mayor Henry
1
Yea
Yea
Yea
Yea
Yea
Yea
Yea
06-01-16
AGENDA APPROVAL
5.
A.
James V. Chisholm, City Manager, read the Agenda changes:
Continued Agenda Item 8C on the Consent Agenda - Burgoyne Properties LTD - Parking
Lot Lease Agreement to the June 15, 2016 Agenda.
Added Addendum No. 8K - Allocation of Bike Week Sponsorship Funds to the Consent
Agenda.
It was moved by Commissioner Gilliland to approve the Agenda with changes.
Seconded by Commissioner Trager. The motion passed 7-to-0 with the breakdown as
follows:
Commissioner Woods
Yea
Commissioner White
Yea
Commissioner Gilliland Yea
Commissioner Henry
Yea
Commissioner Reed
Yea
Commissioner Trager
Yea
Mayor Henry
Yea
6.
PRESENTATION
A.
7.
No Presentations
CITIZENS COMMENTS
A.
Nick Corvino, Central Florida Regional Manager for CFO Jeff Atwater, 401 North 400
W. Robinson Avenue, Orlando, Florida wanted to introduce himself and offer any
services needed, thanked the Mayor and the Commission for their service.
Amy Pyle 136 S. Grandview Avenue, Daytona Beach stated her concerns about vagrants
on beachside and the threats she has received.
Amanda Moreno 412 Goodall Avenue, Daytona Beach stated her concerns about the
appearance of East International Speedway Boulevard.
Fred Hoffman, 882 E. Coquina Drive, Daytona Beach stated his concerns about the City
Attorney's moving expenses and other issues within the City.
James Norris, 5407 Frederick Lake Drive, Port Orange stated his concerns about Uber.
John Nicholson, 423 N. Grandview Avenue, Daytona Beach stated his concerns about
various issues in the City.
Ferd Neves, 400 Jessamine Boulevard, Daytona Beach stated his concern about short
term rentals in the City.
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06-01-16
Norma Bland, 1324 Imperial Drive, stated her concerns regarding the handling of the
Orlando resident comments during the last City Commission Meeting, by Commissioner
Gilliland. She asked if there was in-house grant writer for the City.
Anne Ruby, 137 Park Avenue, stated her concerns regarding the salary of the City
Manager and presented facts based on the demographics of Daytona Beach.
Sandy Murphy, 136 Park Avenue, stated her concerns regarding the development
projects, why the problems were not addressed, and why there was no information given
to the other Commissioners, resulting in the hiring of Paul McKitrick.
Doyle Lewis, 340 North Street, stated his concerns regarding the homeless, and the good
work that the Salvation Army program provides for the homeless. He further stated the
need for donated items, such as toothpaste, towels, pillows and blankets.
Marjorie Johnson, 122 South Keech Street, stated her concerns for Caroline Street, and
why it has not been fixed. She would like to know the job description for Dr. Durham.
Mike Pastore, 400 Fremont Avenue, stated his concern regarding the homeless problem
in Daytona Beach.
Ann Hansen, 580 Mulberry Street, stated her concerns regarding helping the children in
the City, especially during the summer.
8.
CONSENT AGENDA
A.
Adopted/Resolution No. 16-145 approving the sale of City-owned surplus property
located at 937 Niles Street, Daytona Beach to Mr. Benjamin Smith, 939 Niles Street,
Daytona Beach, FL 32114, in the amount of $4,355 and authorizing the expenditure from
the sale proceeds not to exceed $700 to pay for closing costs by the City. Resolution 1283 declared certain City-owned parcels to be surplus and authorized the City Manager to
advertise and solicit sealed bids for said parcels; no acceptable bid was received. Mr.
Smith recently offered the City a fair market value for this non-CRA surplus property
and the City's Property Evaluation and Review Team (PERT) had no objection to the
sale. A RESOLUTION APPROVING THE SALE AND CONVEYANCE OF A CITYOWNED PARCEL OF REAL PROPERTY LOCATED ON NILES STREET, PARCEL
IDENTIFICATION NO. 5339-90-06-0180; AUTHORIZING THE CITY MANAGER
TO EXECUTE THE VACANT LOT CONTRACT; AUTHORIZING THE CITY
MANAGER TO EXECUTE THE WARRANTY DEED CONVEYING THE
PROPERTY IN ACCORDANCE WITH THE CONTRACT TERMS AND EXPEND
AN AMOUNT NOT TO EXCEED $700 FOR CLOSING COSTS; AND PROVIDING
AN EFFECTIVE DATE.
B.
Adopted/Resolution No. 16-146 approving an Amendment to the Facility Use
Agreement with Daytona Beach Pop Warner/Cheerleading Association, Inc. Resolution
No. 14-173 approved a five-year agreement for the use of the football and multi-purpose
fields at the Derbyshire Sports Complex. The amendment adds the following activities
to the scope of use authorized: league registration for three days per year at Derbyshire
Sports Complex and Sunnyland Park building; two football camps and two cheerleading
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06-01-16
camps to be held from June 6th until July 23 for a total of 35 days in open green space.
Any clinics will be held solely within the open green space. The Amendment reflects
fees of $6 per participant or an annual fee of $1,800. A RESOLUTION APPROVING
THE FIRST AMENDMENT TO
FACILITY USE AGREEMENT WITH POP
WARNER FOOTBALL/CHEERLEADING ASSOCIATION, INC., TO EXPAND
LICENSED ACTIVITIES AND INCREASE THE ANNUAL FEE TO $6.00 PER
LEAGUE PARTICIPANT, SUBJECT TO MINIMUM ANNUAL FEE OF $1,800;
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE FIRST
AMENDMENT; AND PROVIDING AN EFFECTIVE DATE.
C.
Moved/Resolution approving a public parking lot lease with Burgoyne Properties
Limited, 1010 E. Adams Street, Jacksonville, FL 32202-190, for the parking lot located
in the block bounded by Beach Street, West International Speedway Boulevard, Palmetto
Avenue, and Bay Street for a fee of $12,000 for an initial term ending January 31, 2017.
The Lease provides options to renew for five (5) additional one-year terms with annual
rents of $18,000, plus additional rents based on any increase in stormwater assessments.
The lack of a formal agreement between the City and property owner has raised concerns
about maintenance and liability by both parties. The property owner could eliminate
access to more than 250 parking spaces for public use if a formal agreement is not
approved.
A RESOLUTION APPROVING THE PUBLIC PARKING LOT
AGREEMENT WITH BURGOYNE PROPERTIES, LIMITED, FOR THE PARKING
LOT LOCATED IN THE DOWNTOWN REDEVELOPMENT AREA, IN THE
BLOCK BOUNDED BY BEACH STREET, WEST INTERNATIONAL SPEEDWAY
BOULEVARD, PALMETTO AVENUE AND BAY STREET, FOR A FEE OF $12,000
FOR AN INITIAL TERM ENDING JANUARY 31, 2017, WITH OPTIONS TO
RENEW FOR FIVE ADDITIONAL ONE-YEAR TERMS; AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT; AUTHORIZING
THE CITY MANAGER TO EXPEND $6,000 FOR THE REMAINDER OF FY 20152016; AUTHORIZING THE CITY MANAGER TO EXERCISE THE RENEWAL
OPTIONS SUBJECT TO BUDGETING AND APPROPRIATIONS;
AND
PROVIDING AN EFFECTIVE DATE.
D.
Adopted/Resolution No. 16-147 authorizing the ratification of the emergency services to
repair the HVAC system provided by Certified Air, 4819 Dairy Court, Suite B, Port
Orange, Florida 32127 in the amount of $38,000 at the Peabody Auditorium. A
RESOLUTION RATIFYING THE CITY MANAGER'S EXPENDITURE OF FUNDS
IN THE AMOUNT OF $38,000 TO CERTIFIED AIR CONTRACTORS, INC., FOR
EMERGENCY REPAIRS TO THE HVAC SYSTEM AT THE PEABODY
AUDITORIUM; WAIVING COMPETITIVE PROCUREMENT REQUIREMENTS
DUE TO THE EMERGENCY; AUTHORIZING THE CITY MANAGER AND CITY
CLERK TO EXECUTE ANY DOCUMENTS NECESSARY; AND PROVIDING AN
EFFECTIVE DATE.
E.
Adopted/Resolution No. 16-148 amending the Master Plan Guidelines for Bike Week
and Biketoberfest adopted by Resolution No. 13-279 to revise citations to the current
Land Development Code ("LDC"). In January 2015, the City Commission repealed the
former LDC and approved a new LDC effective March 1, 2015. The current Guidelines
refer to sections of the former LDC. Amendments to the Guidelines are necessary to
reflect applicable sections of the new LDC. The requested amendments to the Master
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06-01-16
A RESOLUTION
Plan Guidelines do not change any existing guideline rules.
AMENDING THE MASTER PLAN GUIDELINES FOR BIKE WEEK AND
BIKETOBERFEST TO REVISE THE CITATIONS TO THE CURRENT LAND
DEVELOPMENT CODE; AND PROVIDING AN EFFECTIVE DATE.
F.
Adopted/Resolution No. 16-149 approving the Florida Department Of Transportation
(FDOT) and Highway Maintenance Memorandum of Agreement (MOA) new Contract
No. ARY46, for a three-year term maintenance reimbursement agreement. This
agreement may be renewed for a period that may not exceed one three-year term. In the
last highway MOA Contract reimbursement agreement dated June 21, 2013, the City was
reimbursed a total amount of $154,000 per year. The new contract has been increased to
reimburse the City in the amount of $267,014.28 per year to include the Speed Zone area
located on International Speedway Boulevard (ISB) and the maintenance of the FDOT
rights-of-way within the City limits. The Highway MOA is needed in order to maintain
the routine maintenance activities provided by the City on FDOT rights-ofway, including
mowing, edging, chemical weed control, roadside litter collection, road-way sweeping,
A
and tree trimming along selected FDOT roadways within the City limits.
RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A
HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE
FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) PROVIDING FOR
CITY ROUTINE MAINTENANCE OF CERTAIN STATE RIGHTS-OF-WAY
WITHIN THE CORPORATE CITY LIMITS OF THE CITY OF DAYTONA BEACH,
FOR A THREE-YEAR PERIOD WITH ONE THREE-YEAR OPTION TO RENEW
FOR AN ANNUAL PAYMENT FROM FDOT OF $267,014.28; AND PROVIDING
AN EFFECTIVE DATE.
G.
Adopted/Resolution No. 16-150 accepting the Florida Department Of Transportation
(FDOT) Joint Participation Agreement (JPA) No. 437855-1-58-01 that will provide a
$525,000 grant for the median landscaping project on Nova Road between Beville Road
and Mason Avenue. Acceptance of this JPA is needed to implement the grant which will
beautify the medians with landscaping that meets the Department's "Bold Landscape"
Initiative. The grant will be a reimbursement to the City based on the JPA, and will cover
the cost of the plant material and its installation. The City will be responsible for the
irrigation materials and installation which estimated to be approximately $95,000. Bold
landscaping is an FDOT initiative to adapt to current landscape market conditions, and
to instantly create roadside landscapes that can help attract and grow business in Florida
with more emphasis on trees and less on shrubs to instantly increase "curb appeal". A
RESOLUTION AUTHORIZING A JOINT PARTICIPATION AGREEMENT WITH
THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PROVIDING
FOR REIMBURSEMENT TO THE CITY OF AN AMOUNT NOT TO EXCEED
$525,000 FOR IMPLEMENTATION OF LANDSCAPING IMPROVEMENTS IN THE
MEDIANS OF S.R. 5A (NOVA ROAD) BETWEEN BEVILLE ROAD AND MASON
AVENUE; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE
AGREEMENT; AUTHORIZING AMENDMENT OF THE BUDGET IN
ACCORDANCE WITH THE AGREEMENT; AND PROVIDING AN EFFECTIVE
DATE.
H.
Adopted/Resolution No. 16-151 approving Work Authorization No. 3 under Continuing
Services Contract 0514-1640-LT approved by Resolution 14-317 with Lassiter
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06-01-16
Transportation Group (LTG), Inc., 1450 West Granada Boulevard, Suite 2, Ormond
Beach, FL 32174, for the Phase I City roadway intersections Americans with Disabilities
Act (ADA) sidewalk compliance assessment in the amount of $213,615. The assessment
will determine compliance with the ADA transition plan which is a requirement by the
Florida Department of Transportation (FDOT) for grant funding purposes and will allow
the City to continue to apply for grants through the State of Florida FDOT and through
the National Cooperative Highway Research Program (NCHRO). These grants include
funding for streets landscaping, new and updating sidewalks, street resurfacing and any
A RESOLUTION APPROVING
other projects associated with transportation.
PHASE
I, AMERICANS WITH
FOR
$213,615
EXPENDITURE OF UP TO
DISABILITIES ACT TRANSITION MASTER PLAN SURVEY/STUDY, AS WORK
AUTHORIZATION NO. 3 UNDER A CONTINUING SERVICE CONTRACT WITH
LASSITER TRANSPORTATION GROUP, INC.; AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE WORK AUTHORIZATION NO. 3; AND
PROVIDING AN EFFECTIVE DATE.
I.
Adopted/Resolution No. 16-152 accepting the low, responsive and responsible bid from
Keith Payne Pools, Inc., 1426 Carol Lee Street, Daytona Beach, FL 32117 in an amount
not to exceed $29,000 to provide annual swimming pool & pool equipment service,
including all chemicals for the Oceanfront Breakers Park Splash Pad and the Oceanfront
Clock Tower Fountain. A RESOLUTION ACCEPTING THE LOW BID OF KEITH
PAYNE POOLS, INC., FOR SWIMMING POOL AND POOL EQUIPMENT
SERVICES, INCLUDING CHEMICALS, FOR THE OCEANFRONT BREAKERS
PARK SPLASH PAD AND OCEANFRONT CLOCK TOWER FOUNTAIN FOR AN
AMOUNT NOT TO EXCEED $29,000 FOR A ONE-YEAR TERM WITH OPTIONS
TO RENEW FOR TWO ADDITIONAL ONE-YEAR TERMS; AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A GENERAL SERVICES CONTRACT;
AND PROVIDING AN EFFECTIVE DATE.
J.
Adopted/Resolution No. 16-153 approving a Three-Party Lift Station Agreement
between the City, the property owner of the Golden Triangle Plat, and the tenant of lot 1
of the Golden Triangle Plat, located at 2900 Bellevue Avenue, Daytona Beach, FL 32124.
The purpose of this request is to clarify maintenance responsibility of private HVAC
equipment located within a City utility easement. Lift Station 92 is located at the
southeast corner of Tomoka Farms Road and US 92, within an easement on the Golden
Triangle property. During the remodel of Top Gun a portion of HVAC ductwork was
installed directly over Lift Station 92. The City, owner and tenant have resolved the issues
of access and maintenance of the Lift Station in the terms of the agreement. The owner
and tenant have agreed to the following terms:
• Install and maintain a 4 inch extension hose to connect the lift station to City
maintenance equipment. If maintenance activity requires the ductwork be removed; the
tenant will temporarily remove the portion of ductwork located directly over the lift
station.
• Refrain from supplying paper towel products for restroom use within the tenant's
premises to reduce maintenance issues with the lift station pumps.
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06-01-16
• Keep and maintain the ductwork in good condition so it does not damage the lift station
or interfere with access or maintenance.
• Indemnify and hold the City harmless from sewage leak and/or ductwork damage
A RESOLUTION APPROVING A THREE-PARTY LIFT STATION
claims.
AGREEMENT WITH THE CITY OF DAYTONA BEACH, EPLING LEASING
COMPANY, AND VOLUSIA TOP GUN TO CLARIFY MAINTENANCE
RESPONSIBILITY OF PRIVATE HVAC EQUIPMENT LOCATED ABOVE LIFT
STATION NO. 92, WITHIN A CITY UTILITY EASEMENT; AUTHORIZING THE
CITY MANAGER AND CITY CLERK TO EXECUTE THE AGREEMENT; AND
PROVIDING AN EFFECTIVE DATE.
K.
Adopted/Resolution No. 16-154 authorizing payment from the General Fund in the
amount o£
$500 to the Juneteenth Festival Committee, Inc., for the Juneteenth 2016 celebration and
$500 to Greater Friendship Baptist Church for sponsoring of the Scholarship Ministry's
13th Annual Golf Tournament at LPGA from the Bike Week Sponsorship Funds of
Mayor Derrick Henry. A RESOLUTION AUTHORIZING GRANTS FROM THE
BIKE WEEK SPONSORSHIP FEES; AND PROVIDING AN EFFECTIVE DATE.
It was moved by Commissioner Woods to dispense with the reading of the Resolutions
on the Consent Agenda and to adopt the Resolutions. Seconded by Commissioner White.
The motion passed 7-to-0 with the breakdown as follows:
Commissioner Woods
Commissioner White
Commissioner Gilliland
Commissioner Henry
Commissioner Reed
Commissioner Trager
Mayor Henry
7
Yea
Yea
Yea
Yea
Yea
Yea
Yea
06-01-16
PUBLIC HEARINGS
9.
A.
Adopted/Ordinance No. 16-155 adding section 62-34 to Chapter 62, Article II, to make
possession of 20 grams or less of cannabis and possession of paraphernalia as defined by
State law, a City Code violation. City Code currently makes unlawful the commitment
of any act within City limits which is recognized by state statutes as a second degree
misdemeanor. The possession of marijuana under 20 grams is a first degree misdemeanor
under state law. The new Section 62-34, City Code, would allow officer discretion for
the issuance of a City Code citation for possession of 20 grams or less of cannabis or
possession of paraphernalia, in lieu of criminal arrest under State law. City Clerk
LaMagna read the Ordinance on second and final reading by title only. AN
ORDINANCE AMENDING CHAPTER 62, ARTICLE II, CITY CODE; ADDING
SECTION 62-34 TO MAKE POSSESSION OF TWENTY GRAMS OR LESS OF
OF
DRUG
POSSESSION
AND
MAKE
UNLAWFUL,
CANNABIS
PARAPHERNALIA AS DEFINED HEREIN UNLAWFUL; PROVIDING FOR CIVIL
PENALTIES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE.
John Nicholson, 413 N. Grandview Avenue, stated he has had experience in alcohol
issues but not marijuana. He wanted to know how many joints you could get out of 20
grams of marijuana.
Commissioner Trager asked if the County had come up with something different.
Robert Jagger, City Attorney, stated there have been no changes by the County and this
models the County Ordinance.
Commissioner Woods stated they should adopt the Ordinance tonight and they can
always amend it down the road.
Commissioner Gilliland stated they modeled the 20 grams after the State definition of a
first degree misdemeanor.
It was moved by Commissioner Gilliland to adopt the Ordinance on second reading.
Seconded by Commissioner White. The Ordinance was adopted 7-to-0 with the
breakdown as follows:
Commissioner Woods
Commissioner White
Commissioner Gilliland
Commissioner Henry
Commissioner Reed
Commissioner Trager
Mayor Henry
8
Yea
Yea
Yea
Yea
Yea
Yea
Yea
06-01-16
B.
Adopted/Ordinance No. 16-156 adopting a new section 10-3 to revise extended hours
permit requirements and procedures for establishments offering the sale or consumption
of alcoholic beverages between midnight and 3:00 a.m. The new section 10-3 requires
that security cameras and personnel be provided at such establishments, and revises and
amends grounds for permit suspension or imposition of permit conditions by the City
Commission or Special Magistrate after hearing, based on excessive illegal parking,
excessive law enforcement calls for service, and adverse impacts on neighboring
properties associated with the establishment. The new section 10-3 also includes new
provisions for revocation, suspension, or restriction of extended hours permits by the
Chief of Police in certain emergency situations. City Clerk LaMagna read the Ordinance
on second and final reading by title only. AN ORDINANCE AMENDING CHAPTER
10, CITY CODE, ENTITLED "ALCOHOLIC BEVERAGES" RELATING TO
ESTABLISHMENTS DEALING IN THE SALE OF ALCOHOLIC BEVERAGES:
REPEALING SECTION 10-3 IN ITS ENTIRETY AND ADOPTING A NEW
PERMIT
HOURS
EXTENDED
FOR
PROVIDING
SECTION
10-3;
REQUIREMENTS; PROVIDING FOR REQUIRED SECURITY CAMERAS AND
PERSONNEL AT SUCH ESTABLISHMENTS; AMENDING GROUNDS FOR
PERMIT SUSPENSION; PROVIDING FOR IMPOSITION OF PERMIT
CONDITIONS BY THE CITY COMMISSION OR SPECIAL MAGISTRATE;
PROVIDING FOR CONDITIONS WARRANTING REVOCATION, SUSPENSION,
OR RESTRICTION OF EXTENDED HOURS PERMITS; REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND
PROVIDING AN EFFECTIVE DATE.
Mary Anne Jackson-Trumbull, 925 North Grandview, Daytona Beach stated her support
for the ordinance and concerns about the crimes, loud music and encroachment occurring
on Seabreeze Boulevard.
Thomas Gasiorowski, 150 South Grandview Avenue, Daytona Beach stated he agrees
with the proposal of the ordinance and believes the permit holders should pay for the
extra police service and not the tax payers.
Amy Pyle, 136 South Grandview Avenue, Daytona Beach stated she is in favor of the
ordinance.
Dominique Delannoy, 901 S Grandview Avenue, Daytona Beach stated he is against the
ordinance and because the problems are occurring outside the businesses.
Dana Edwards, 116 Daytona Avenue, Daytona Beach stated he is for the ordinance and
the people who are making a good living with those businesses should be responsible.
Kyriakos Drymonis, 619 North Grandview Avenue, Daytona Beach stated he represents
The Oysters Pub and Razzle's Nightclub and the ordinance proposed does not address
the issues faced by the City, business owners, and residents. He is not happy with the
status quo of how things are and this has never been done in Daytona Beach because this
is not a problem that is unique to our town.
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06-01-16
Chris Mayer, 116 Daytona Avenue, Daytona Beach stated his concerns about the activity
taking place on Seabreeze Boulevard Bridge and there needs to be some type of
enforcement because the area is dangerous and out of control.
Ferd Neves, 400 Jessamine Boulevard, Daytona Beach stated for the past five years the
increased number of establishment's that serve alcohol continues to expand and also the
number of crimes. He thinks this ordinance is a great first step and they should consider
another ordinance that spaces out the number of bars on one street.
Susan Bousquet, 600 Lenox Avenue, Daytona Beach stated she supports this ordinance
as a good first step and this seeks to strike some reasonable balance and compromise
between the tourism, but we also have residents who love this City and should be
represented.
John Nicholson, 413 North Grandview Avenue, Daytona Beach stated he agrees that the
businesses should be held accountable but otherwise it does not solve the problem. The
police should be there to do what needs to be done but be paid by the businesses.
Anita Gallentine, 836 N. Grandview Avenue, Daytona Beach stated her gratitude towards
Commissioner Woods for making significant changes to improve the Seabreeze Party
corridor and Mayor Henry who has helped in the past and hopefully continues. The
language stated tonight is very detailed and she hopes is enforceable if not then it is
merely an ordinance that's ignored. As home owners we have invested our lives and
wealth in our properties and we deserve to be valued and respected by the City and
neighbors.
Richard Kitt, 308 Seabreeze Boulevard, Daytona Beach stated he owns three properties
and has spent and invested over a million dollars into them. He has invested in this
community and we the business owners do care about what is going on and he agrees
that there are some issues occurring on Seabreeze Boulevard but most time it's just
random people who are walking up and down the street. He stated they shouldn't be
overregulating the businesses but that there should be more police officers on the ground.
Weegie Kuendig 718 North Wild Olive Avenue, Daytona Beach stated she was in favor
of the Ordinance. These permits are a privilege not a right. This is not about limiting
the abilities of the bars to make money, it's simply about petty crimes, parking violations
and un-muffled noises. This is about controlling violent crimes that have gotten worst
over the years and it has affected our neighborhoods, the City's reputation and our
tourism. This Ordinance will need to be backed up with strong enforcement. By passing
this Ordinance tonight; it will once again bring into focus the quality of life issues.
Tracey Remark 815 North Oleander Avenue, Daytona Beach stated she was in support
of the Ordinance. This area has been a diverse retail use that has turned into a bar hotspot.
She personally did not consider an establishment that sells hot dogs and nachos out of a
microwave a restaurant. Daytona Beach is a tourist town yes, but our entertainment
should not just be strip clubs, bars and drinking.
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06-01-16
Fred Hoffman 882 East Coquina Drive, Daytona Beach stated there are four steps to
solving any problem. Step one is to identify the problem; step two is the identifying the
cause; step three is the availability and step four is the solution. We need to regulate
wine, beer and liquor sales. Bars are not the only place you can purchase alcoholic
beverages.
Ann Hansen 580 Mulberry Street, Daytona Beach stated she has had three businesses on
Seabreeze Boulevard. She did not support the Ordinance.
Letitia LaMagna, City Clerk said that was the final speaker.
Commissioner Trager stated she need to recues herself because her husband has an
alcohol license. She can participate in the discussion but she cannot vote.
Letitia LaMagna responded for the record there is a copy of Form-813 on file in the City
Clerk's Office.
Commissioner Gilliland proposed a change to the Ordinance. He wanted to make a
motion to change the language to say, "the outside officer during and until all the patrons
and employees have departed the premises after the extended hours of operations".
Mayor Henry asked, how it would be regulated if you don't have a specific time.
Commissioner Gilliland said the same as it is right now because if you close at 12:30
a.m., you have to keep security there until 1:30 a.m., it's not until 4:00 a.m. for
everybody.
Commissioner Woods asked Chief Chitwood to address the issue.
Michael Chitwood, Chief of Police, defended his police officers. In the last ten years
the lowest numbers of robberies, burglaries and stolen cars has been recorded. He stated
that they do have problems but it's not Armageddon in Seabreeze area. He stated if he
had more cops and they could fix what's going on over there. The problem is that
Seabreeze bars doesn't close until 3:00 a.m., and the police are running around until 5:00
a.m.
Commissioner Gilliland stated he agreed with Chief Chitwood but this is a Daytona
Beach Ordinance and he wanted to make sure it didn't have an adverse reaction on the
ninety-five percent or the other establishments in town because of the five percent or less
that cause the problems.
Commissioner Woods seconded Commissioner Gilliland's motion to amend.
Chief Chitwood stated the "officer friendly approach" that was suggested by one of the
residents was going to get the bad guys to leave.
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06-01-16
Mayor Henry stated they wanted to make the Seabreeze neighborhood stronger. They
were trying to put something together that's going to protect the residents and also enable
the Chief and his Staff to do a better job for the entire City of Daytona Beach.
James V. Chisholm, City Manager asked Chief Chitwood if bars are currently closing at
3:00 a.m.; what are they doing in the streets.
Chief Chitwood stated they are hanging out, altercations break into fights. They hang
out at least two hours after the bars have closed.
Mr. Chisholm asked if the City had the requirement for bars to provide a detail officer
for an hour after the bars close would that change the activities in the streets.
Chief Chitwood responded yes.
Mr. Chisholm clarified that by eliminating that the only alternative we have is to put our
officers back out there under our supervision during that same period of time.
Chief Chitwood stated that's correct.
Commissioner Gilliland asked Chief Chitwood how many businesses City wide had offduty officers.
Chief Chitwood responded the best place that he knew of was Razzles Night Club.
Commissioner Gilliland stated if he was saying that one place in the whole City has one
off-duty officer for after-hours that was not an argument to try and penalize a hundred
other establishments because there is one place that has an off-duty officer. When
something happens outside the establishment say on the sidewalk, we get no benefit
because once they have left their premises they are not held responsible.
Chief Chitwood stated during special events there are a number of places that will hire
off-duty officers.
Commissioner Reed asked Chief Chitwood was it regularly two hours after closing.
Chief Chitwood responded yes; on Friday and Saturday nights.
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06-01-16
It was moved by Commissioner Gilliland to amend the Ordinance to change the language
to "the outside officer during and until all the patrons and employees have departed the
premises after the extended hours of operations". Seconded by Commissioner Woods.
Mayor Henry called for a roll call vote. The motion passed 6-to-0 with the breakdown
as follows:
Commissioner Woods
Yea
Commissioner White
Yea
Commissioner Gilliland Yea
Commissioner Henry
Yea
Commissioner Reed
Yea
Commissioner Trager
Abstained
Mayor Henry
Yea
Commissioner Woods asked Robert Jagger, City Attorney if he would respond to the
legality of the amendment.
Robert Jagger, City Attorney stated every Ordinance is subject to challenge, so he
couldn't guarantee to the Commission that it won't be challenged in court. He could
however; tell them that what Staff has drafted is based on sound legal reasoning and is
justified. Mr. Jagger stated one thing to keep in mind is this is primarily permitting
regulations. In regards to the Permitting the first step of the violation would be for a
Code Enforcement or a Police Officer to provide notice of the violation. Then there is
the opportunity to cure in ten days and if the violation is not cured in ten days; a hearing
is then set before the Commission or Special Magistrate to say whether or not there was
a violation.
Commissioner Woods stated years before she became a City Commissioner she worked
with a group to clean-up Seabreeze. They chose not to participate in the solutions and
they've had plenty of opportunities to work with Chief Chitwood in covering police cost
and they are still refusing and choosing not to do so. She see this as something that we
need to do and it's a step in the right direction because it allows everyone to follow the
rules and by doing so they won't have a problem.
Commissioner White said she thinks it's important to note that we've had an After-Hours
Permit, this isn't a brand new thing. As the City Attorney stated we're just clarifying
some language and adding some things to what's already established. This Permit simply
meant you had to abide by certain guidelines that have been around for quite a long time.
Commissioner Henry said he support this, the only issue he has is that it is City-wide but
the problems seem to be more concentrated in the Seabreeze area. He didn't want to
place an undue burden on some of the other businesses that were outside of that area, so
he was comfortable with the Amendment.
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06-01-16
Commissioner Gilliland said this to him is the step that the Commission has been talking
about taking for quite some time now. The first step was the private rooms with the
different establishments around town. This is the second step and we've also talked about
the spacing issues in the non-redevelopment areas, which he felt was the next thing the
Commission needed to go ahead and jump on quickly. He supported this as amended
and looked forward to taking the next step in this issue.
Commissioner Reed said she was in support of this also however; she did have a question
she needed to ask Chief Chitwood. She clarified that this indicates that these
establishments can use employees of their establishments to do policing.
Chief Chitwood stated there are some establishments that works hand-in-hand with the
Police and a classic example would be during Spring Break. There are a large number
of bar owners that are willing to work with the Police in any way possible.
Commissioner Trager said she had several concerns about this Ordinance. Most of the
liquor establishments in this City are run by responsible people. She did not feel that just
because some of them are irresponsible it was right to punish all establishments.
Everyone needs to be responsible for his or her own actions. If a patron parks illegally,
or commits a crime offsite of the establishment, the owner of the establishment should
not be held responsible. She believed the police should crack down on the problem
establishments, not everyone. What it boils down to is individuals have to take
responsibility for your own actions, not expect the bar owner to do it.
Mayor Henry stated this is an After-Hours Permit for Special Use, it's not something
they're entitled to. As a body we are responsible to regulate it in a fashion that makes it
suitable to residents and visitors. As far as Seabreeze is concerned; we know that the
area has changed and we need to make sure that those that lives in that area feel safe and
protected. He believes that this was the first step in a larger issue. The issue of how the
City can continue to be the Daytona Beach that we all love, that attracts eight or nine
million people annually and at the same time protect our neighborhoods and grow them
for the future.
It was moved by Commissioner Woods to adopt the Ordinance on second reading.
Seconded by Commissioner White. Commissioner Trager stated that she was abstaining
from the vote on Item No. 9B and had turned in the State of Florida Form 8B Memorandum of Voting Conflict for County, Municipal, and other Local Public Officers.
The Ordinance was adopted 6-to-0 with the breakdown as follows:
Commissioner Woods
Yea
Commissioner White
Yea
Commissioner Gilliland Yea
Commissioner Henry
Yea
Commissioner Reed
Yea
Commissioner Trager
Abstained
Mayor Henry
Yea
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06-01-16
10.
ADMINISTRATIVE ITEMS
A.
Passed/Ordinance approving a request to rezone 1.5± acres of land located at 948 Mason
Avenue from Business Automotive (BA) and Business Shopping Center (BR-2) to
Planned Development-General (PD-G) to allow for the construction of a 4,260± sq. ft.
building with associated site improvements, and authorizing the Mayor to execute the
Planned District Agreement. Applicant: Michael O. Sznapstajler, Cobb Cole, on behalf
of Nova Road, LLC. City Clerk LaMagna read the Ordinance on first reading by title
only. AN ORDINANCE AMENDING THE ZONING MAP OF THE LAND
DEVELOPMENT CODE TO REZONE 1.5± ACRES OF PROPERTY LOCATED AT
948 MASON AVENUE FROM BA (BUSINESS AUTOMOTIVE) AND BR-2
(BUSINESS RETAIL-2) TO PD-G (PLANNED DEVELOPMENT-GENERAL)
DISTRICT; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE
MASON AVENUE/NOVA ROAD PLANNED DISTRICT AGREEMENT WITH
NOVA ROAD, LLC, PERMITTING THE CONSTRUCTION OF A 4,260± SQ. FT.
BUILDING WITH ASSOCIATED SITE IMPROVEMENTS AND PERMITTING
CERTAIN BA DISTRICT USES; REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE
DATE.
No Comments.
It was moved by Commissioner Trager to pass the Ordinance on first reading. Seconded
by Commissioner Henry. The Ordinance passed 7-to-0 with the breakdown as follows:
Commissioner Woods
Commissioner White
Commissioner Gilliland
Commissioner Henry
Commissioner Reed
Commissioner Trager
Mayor Henry
B.
Yea
Yea
Yea
Yea
Yea
Yea
Yea
Passed/Ordinance amending the Daytona Promenade Planned District Agreement to
allow the construction of a Twistee Treat ice cream store and associated site
improvements on Lot 5 located at the northeast corner of Beville and Nova Roads, and
authorizing the Mayor to execute the First Amendment to the Planned District
Agreement. Applicant: Randy Hodge, Twistee Treat USA, LLC on behalf of Daytona
Promenade Partners, LLC, et al. City Clerk LaMagna read the Ordinance on first
reading by title only. AN ORDINANCE APPROVING THE FIRST AMENDMENT
TO DAYTONA PROMENADE PLANNED DISTRICT AGREEMENT TO ALLOW
FOR CONSTRUCTION OF AN ICE CREAM SHOP AND ASSOCIATED SITE
IMPROVEMENTS ON AN OUTPARCEL; AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE THE FIRST AMENDMENT; REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND
PROVIDING AN EFFECTIVE DATE.
No Comments.
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06-01-16
It was moved by Commissioner Trager to pass Ordinance as amended. Seconded by
Commissioner Woods. The Ordinance passed 7-to-0 with the breakdown as follows:
Commissioner Woods
Commissioner White
Commissioner Gilliland
Commissioner Henry
Commissioner Reed
Commissioner Trager
Mayor Henry
C.
Yea
Yea
Yea
Yea
Yea
Yea
Yea
Adopted/Resolution No. 16-157 authorizing a Collective Bargaining Agreement
between the City and IAFF, Local 1162, for the period covering October 1, 2015 through
September 30, 2017; to provide a wage increase; Amending Articles 14 - Promotions, 15
- Transfers, 24 - Personal Leave, 27 - Paramedic Pay, 28 - Pension, 31 - Wages, 31(a) Wages Specialty Assignments and 38 - Duration. City Clerk LaMagna read the
Resolution by title only. A RESOLUTION APPROVING AND AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, I.A.F.F. LOCAL 1162,
FOR A TERM ENDING SEPTEMBER 30, 2017, PROVIDING FOR WAGES,
TERMS, AND CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN THE
COLLECTIVE BARGAINING UNIT; AMENDING THE PAY SCHEDULE TO
INCREASE THE MINIMUM PAY RANGE FOR EMPLOYEES IN THE
COLLECTIVE BARGAINING UNIT; AUTHORIZING WAGE INCREASES FOR FY
2015/2016 AND FY 2016/2017; AUTHORIZING AN INCREASE IN THE WEEKLY
STIPEND FOR CERTAIN EMPLOYEES OF THE BARGAINING UNIT;
REPEALING ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; AND PROVIDING AN EFFECTIVE DATE.
Commissioner Gilliland stated as they look at this agreement that will go into effect on
October 1, that includes a five percent raise increase... if they look at the way the property
values have gone up...they tend to treat all the unions the same, so it is not just this
commitment. It is a well-deserved wage increase for the men and women that take care
of the City. He just wanted this on the record that they were in a financial position to do
it.
Commissioner Woods stated that this new contract will address some of the pay
inequities.
Commissioner Trager stated the fire department does a myriad of things and they have
to be competitive to keep good employees in the City.
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06-01-16
It was moved by Commissioner Henry to adopt the Resolution. Seconded by
Commissioner Reed. The Resolution was adopted 7-to-0 with the breakdown as follows:
Commissioner Woods
Commissioner White
Commissioner Gilliland
Commissioner Henry
Commissioner Reed
Commissioner Trager
Mayor Henry
D.
Yea
Yea
Yea
Yea
Yea
Yea
Yea
Adopted/Resolution No. 16-158 appointing one member to the Board of Adjustment.
Mr. Janowski has resigned with a membership term expiring on 12/31/16. The board
shall consist of seven members and one alternate appointed by the City Commission.
board members shall include one regular member nominated by each City Commissioner
from among residents of their zone, plus one regular member and one alternate member
that are nominated by the Mayor and may be a resident of any City Commission zone.
All board members must be residents of the City and qualified electors. Board members
shall be appointed for three-year staggered terms and may be reappointed to successive
terms. Members shall continue to serve until their successors are appointed. Vacancies
occurring for reasons other than expiration of term shall be filled for the period of the
unexpired term only. We have one applicant: Gary Libby. City Clerk LaMagna read the
Resolution by title only. A RESOLUTION APPOINTING ONE MEMBER TO THE
BOARD OF ADJUSTMENT TO FILL A TERM EXPIRING DECEMBER 31, 2016;
AND PROVIDING AN EFFECTIVE DATE.
Betty Goodman, Assistant City Manager stated this was an appointment of one person
to the Board of Adjustment for Zone 2. They have one application: Gary Libby.
It was moved by Commissioner Woods to appoint Gary Libby and to adopt the
Resolution. Seconded by Commissioner Trager. The Resolution was adopted 7-to-0
with the breakdown as follows:
Commissioner Woods
Yea
Commissioner White
Commissioner Gilliland
Commissioner Henry
Commissioner Reed
Yea
Yea
Yea
Yea
Commissioner Trager
Yea
Mayor Henry
Yea
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06-01-16
11.
COMMISSION COMMENTS
Commissioner Woods thanked Commissioner White, Commissioner Reed and the City
staff that attended the Volusia League of Cities awards dinner. She received the award
the Mayor nominated her for and she thanked him and all the Commission. She thanked
them for the vote on the alcohol afterhours issue. They cannot forget the older parts of
the community, the beach isn't enough of an attraction, and they have to been seen as
safe.
Commissioner White congratulated Commissioner Woods. She complimented City staff
on the maintenance items that they have done. She asked about East I.S.B.
James V. Chisholm, stated they don't have anything in the ground yet but it is coming
he has talked with Public Works.
Commissioner Whites stated any small things that we do are important.
Commissioner Gilliland congratulated Commissioner Woods. He stated she will be
sorely missed when she in not on the Commission. He requested staff bring forward the
500 ft. spacing requirement City-wide for establishments that serve alcohol but do not
serve food. He knows there has been conversation about it, but he would like to make it
a formal directive.
Commissioner Henry congratulated Commissioner Woods and commented on her
expertise on the homeless issues. She will be hard to replace. He wanted to be sure that
the City was onboard with partnering with Juneteenth and he would like an update on
how that is going.
Commissioner Reed asked for information on Caroline Street.
Mr. Chisholm stated he would look into it.
Commissioner Reed concurs with everything said about Commissioner Woods.
Commissioner Trager congratulated Commissioner Woods.
Commented that
Commissioner Reed won the Mayor's Challenge. She attended the Boys and Girls Club
gala. The people working with these children are turning out good speakers and good
kids. She hopes they continue their work. She went to the Memorial Day Celebration
and it was very inspiring. She complimented the Bandshell show.
Mayor Henry stated Commissioner Reed also had perfect attendance at the Mayor's
Challenge. He congratulated Commissioner Woods.
Mr. Chisholm stated they are working on an interim homeless solution for the next 90
days that they will bring back to the Commission. There are meetings coming up on
MLK and Orange Avenue and there will be another community meeting on Joe Harris
Park and the Bethune-Cookman University.
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06-01-16
Robert Jagger, City Attorney, gave an update on Ben Gross.
12.
ADJOURNMENT
There being no further discussion or comments the meeting was adjourned at 8:13 p.m.
DERF!14CK L. HENRY
Mayor
ATTEST:
LETITIA LAMAGNA
City Clerk
Adopted: June 15, 2016
RECORD REQUIRED TO APPEAL: In accordance with Florida Statute 286.0105 if
you should decide to appeal any decision the Commission makes about any matter at this
meeting, you will need a record of the proceedings. You are responsible for providing
this record. You may hire a court reporter to make a verbatim transcript, or you may buy
a cd of the meeting for $2.00 at the City Clerk's office. Copies of cds are only made
upon request. The City is not responsible for any mechanical failure of the recording
equipment.
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