MINUTES. July 19, 2017

Transcription

1 MINUTES REGULAR MEETING - CITY COMMISSION July 19, 2017 Minutes of the Regular Meeting of the City Commission of The City of Daytona Beach, Florida, held on Wednesday, July 19, 2017, at 6:00 p.m., in the Commission Chambers, City Hall, 301 South Ridgewood Avenue, Daytona Beach, Florida. 1. Roll Call. Commissioner Dannette Henry Present Commissioner Paula Reed Absent Commissioner Ruth Trager Present Commissioner Aaron Delgado Present Commissioner Kelly White Present Commissioner Robert Gilliland Present Mayor Derrick Henry Present It was moved by Commissioner Gilliland to excuse Commissioner Reed from the meeting. by Commissioner Delgado. The motion passed 6-to-0 with the breakdown as follows: Seconded Also Present: James Chisholm, City Manager Robert Jagger, City Attorney Letitia LaMagna, City Clerk 2. Commissioner Trager led the Invocation. 3. Commissioner Henry led the Pledge of Allegiance to the Flag. 4A. APPROVAL OF MINUTES Approval of the minutes of the July 5, 2017 Regular Meeting of the City Commission held at City Hall, 301 South Ridgewood Avenue, Daytona Beach, Florida. 1

2 It was moved by Commissioner Gilliland to adopt the minutes. Seconded by Commissioner Trager. The motion passed 6-to-0 with the breakdown as follows: 5. AGENDA APPROVAL A. James Chisholm, City Manager, read the Agenda changes: Item 6A - Beautification Award - The Commercial Award was not presented. Added Addendum No. IOG - Housing Authority Commission - Appointment to Administrative Items. Added Addenda No. 8G - Allocation of Bike Sponsorship Funds to the Consent Agenda. It was moved by Commissioner Gilliland to approve the Agenda with changes. Commissioner White. The motion passed 6-to-0 with the breakdown as follows: Seconded by 6. PRESENTATION Presentation - Beautification Awards - July 2017 Commissioner Robert A. Gilliland presented the Residential Award to Howard Don and Ferrelene King at 937 Sea Duck Drive. Commercial Award was not presented. 7. CITIZENS COMMENTS A. No comments. 8. CONSENT AGENDA A. Adopted/Resolution No approving a commercial lease agreement between the City of Daytona Beach and Ullberg Yacht Design, Inc. at Halifax Harbor Plaza, Suite 206 for a three-year term commencing August 1, 2017 with one (1) three-year renewal option. Ullberg Yacht Design, 2

3 Inc. will use 877 square feet commercial space as a professional services office to design new boats or renovate existing boats. No yacht construction work will take place at the Marina. No funding is required. A RESOLUTION APPROVING A COMMERCIAL LEASE AGREEMENT WITH ULLBERG YACHT DESIGN, INC., FOR APPROXIMATELY 877 SQUARE FEET OF COMMERCIAL SPACE AT HALIFAX HARBOR PLAZA FOR A TERM OF THREE YEARS COMMENCING AUGUST 1, 2017, WITH ONE THREE-YEAR RENEWAL OPTION; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. B. Adopted/Resolution No approving a License Agreement between the City of Daytona Beach and Megabus Southeast, LLC, giving Megabus the right to use a bus loading lane (bus turn-out) on Cornerstone Boulevard adjacent to the Tanger Outlets, to load and unload its passengers. The license area portions of City-owned sidewalk and grassy areas adjacent to the loading lane for passenger waiting. The Agreement authorizes Megabus to install a bus stop sign and, if conditions warrant, one or two bus benches within the license area. The License is for a term of one year and will automatically renew on the anniversary of the commencement date, unless either party provides the other party with a written notice of termination prior to the end of the current term. Unless waived by the receiving party, such notice must be provided at least 60 days prior to the end of the current term in order to be effective. A RESOLUTION APPROVING A LICENSE AGREEMENT WITH MEGABUS SOUTHEAST, LLC ("MEGABUS"), PERMITTING THE USE OF AN EXISTING BUS TURN-OUT-LANE AND ABUTTING SIDEWALK AND GRASSY AREAS WITHIN THE CORNERSTONE BOULEVARD RIGHT-OF-WAY, ADJACENT TO THE TANGER OUTLETS, FOR USE AS A MEGABUS BUS STOP, FOR A ONE-YEAR TERM WITH AUTOMATIC ONE- YEAR RENEWAL OPTIONS; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE LICENSE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. C. Adopted/Resolution No authorizing Florida Power & Light (FP&L), General Mail Facility, Miami, FL to remove two (2) outdated transformers from the Westside Regional WWTP for an amount of $26, The Westside Regional facility is on a load share rate from FP&L. This rate saves the Facility over $160,000 per year. Two old transformers are currently in the way of a new water treatment building under construction at the facility. These two transformers are not on the load share rate and will not be used in the future. Funds available in the 5% Renewal & Replacement fund. A RESOLUTION APPROVING THE EXPENDITURE OF FUNDS IN THE AMOUNT OF $26, TO FLORIDA POWER & LIGHT COMPANY, AS SOLE SOURCE PROVIDER, FOR THE REMOVAL OF TWO TRANSFORMERS AT THE WESTSIDE REGIONAL WASTEWATER TREATMENT FACILITY; AND PROVIDING AN EFFECTIVE DATE. D. Adopted/Resolution No ratifying an emergency expenditure of $47,664 to Kaman Industrial Technologies, 2020 N. Rio Grande Avenue, Whse # 1105, Orlando, FL 32804, for the repair of the Blower #1 at the Bethune Point Wastewater Treatment Plant per City Purchasing Code Section (b) Emergency Purchases. Bethune Point Wastewater Treatment Plant utilizes a 5-stage Bardenpho treatment process to remove nutrients. Stage 3 and 5 injects additional air into the treatment process by utilizing two blowers. Blower #1 has failed and was sent to Kaman Industrial Technologies to ascertain the extent of damage and an estimated cost to repair in accordance with the City's Tear Down Policy. If wastewater is not treated to State and Federal standards, the City could be subject to severe fines up to $10,000 a day. Funds available in the 5% Renewal & Replacement Fund. A RESOLUTION RATIFYING THE CITY MANAGER'S EXPENDITURE OF FUNDS IN THE AMOUNT OF $47,664 TO PAY KAMAN INDUSTRIAL TECHNOLOGIES FOR REPAIRS TO BLOWER NO. 1 OF THE BETHUNE POINT WASTEWATER TREATMENT FACILITY AS 3

4 AN EMERGENCY EXPENDITURE; WAIVING COMPETITIVE PROCUREMENT REQUIREMENTS DUE TO THE EMERGENCY; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY DOCUMENTS NECESSARY; AND PROVIDING AN EFFECTIVE DATE. E. Adopted/Resolution No approving a final reconciliation agreement for the Thomasson Avenue Water Improvements Project under Contract No and authorizing the City Manager and City Clerk to execute the Final Reconciliation Agreement with the following stipulations: Approve April 30, 2017 as the final completion date and the beginning of the one-year warranty period Approve the final adjusted contract price of $86, Approve a final payment of $4, due under the contract, which includes retainage The adjusted contract price for this project is a contract price reduction of $18,183. No additional funds are required for this request. A RESOLUTION APPROVING THE FINAL RECONCILIATION AGREEMENT WITH TOMOKA CONSTRUCTION SERVICES, INC., FOR THE THOMASSON AVENUE WATER IMPROVEMENTS PROJECT; AND PROVIDING AN EFFECTIVE DATE. F. Adopted/Resolution No approving a Facility Use Agreement with USRP Racers, L.L.C., a Florida limited liability company, DB/A USRP Competitive Swim Club for use of swim lanes at both the Cypress Aquatic Center and the Campbell Pool to conduct swim clinics, practices and swim meets during the year. The term of this Agreement will begin July 20, 2017 and end on June 30, The use of the pools does not limit the public use by our citizens. USRP will pay City fees of $18,050 annually. A RESOLUTION APPROVING A FACILITY USE AGREEMENT WITH USRP RACERS, LLC, DB/A USRP COMPETITIVE SWIM CLUB, FOR THE USE OF THE CYPRESS AQUATIC CENTER AND THE CAMPBELL POOL FOR A THREE-YEAR TERM COMMENCING JULY 20, 2017 AND ENDING JUNE 30, 2020; PROVIDING TIMES, TERMS, AND FEES, AND OTHER CONDITIONS; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. G. Adopted/Resolution No authorizing payment from the General Fund in the amount of: $250 to Youth Initiatives Foundation, Inc., for the Youth Empowerment Summit 2017, on Saturday, August 5, 2017 from the Bike Week Sponsorship Funds of Mayor Derrick L. Henry. A RESOLUTION AUTHORIZING GRANTS FROM THE BIKE WEEK SPONSORSHIP FEES; AND PROVIDING AN EFFECTIVE DATE. It was moved by Commissioner Trager to dispense with the reading of the Resolutions on the Consent Agenda and to adopt the Resolutions. Seconded by Commissioner White. The motion passed 6-to- 0 with the breakdown as follows: 4

5 9. PUBLIC HEARINGS A. Adopted/Ordinance No amending the City Code as it relates to unsafe or dilapidated structures; deleting Chapter 22, Article II, City Code, in its entirety. City Clerk LaMagna read the Ordinance on second and final reading by title only. AN ORDINANCE AMENDING THE CITY CODE AS IT RELATES TO UNSAFE OR DILAPIDATED STRUCTURES; DELETING CHAPTER 22, ARTICLE II, CITY CODE, IN ITS ENTIRETY; REPEALING ALL ORDINANCES AND RESOLUTIONS OR PARTS OF ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. Andrew Migell, Momingside Avenue, Daytona Beach, stated he was against this item as it gives presidential authority to the building commissioner, who could be susceptible to bias and influence. He stated it also strips away the checks and balances system of the Commission, and thought that the City Attorney did not explain the appeals process. Jim Cameron, 126 E. Orange Avenue, Daytona Beach, represented the Daytona Regional Chamber. He stated that Code Enforcement was one of the Chamber's top priorities, and they would like to see the dilapidated and unsafe structures addressed. He stated this issue has been going on way to long. He praised the staff and City Attorney for their efforts, and they stand in unison with, and support of, the neighborhood groups. It was moved by Commissioner Gilliland to adopt the Ordinance. Seconded by Commissioner Henry. The Ordinance was adopted 6-to-0 with the breakdown as follows: B. Adopted/Ordinance No amending Article 2, Section 2.11.B.2.b. (Board of Building Codes), and Article 9, Section 9.2.B (Local Amendments to International Property Maintenance Code) to allow for consistency with the International Property Maintenance Code provisions relating to condemnation of unsafe or dilapidated structures within the City. Applicant: Development and Administrative Services Department, Planning Division. City Clerk LaMagna read the Ordinance on second and final reading by title only. AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE; AMENDING SECTION 2.11.B.2 AS IT RELATES TO UNSAFE OR DILAPIDATED STRUCTURES; AMENDING SECTION 9.2.B., LOCAL AMENDMENTS TO INTERNATIONAL PROPERTY MAINTENANCE CODE; REPEALING ALL ORDINANCES AND RESOLUTIONS OR PARTS OF ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. No comments. 5

6 It was moved by Commissioner White to adopt the Ordinance. Seconded by Commissioner Henry. The Ordinance was adopted 6-to-0 with the breakdown as follows: C. Adopted/Ordinance No adopting a Small Scale Comprehensive Plan Amendment changing the Future Land Use Map designation for 1.8f acres of land located at the northeast corner of Integra Breeze Lane and Clyde Morris Boulevard from County-Urban Low Intensity to City-Office Transition. Applicant: Colleen Miles, Land Development Resource Group, LLC, on behalf of Chris Butera, Clyde Park, LLC. City Clerk LaMagna read the Ordinance on second and final reading by title only.. AN ORDINANCE ADOPTING A COMPREHENSIVE PLAN AMENDMENT IN ACCORDANCE WITH , FLORIDA STATUTES; AMENDING THE FUTURE LAND USE MAP FOR 1.8f ACRES OF PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF INTEGRA BREEZE LANE AND CLYDE MORRIS BOULEVARD; CHANGING THE FUTURE LAND USE DESIGNATION FROM "COUNTY-URBAN LOW INTENSITY" TO "OFFICE TRANSITION"; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. Letitia LaMagna, City Clerk, stated that Ms. Colleen Miles was there on behalf of the applicant if there were any questions. No comments. It was moved by Commissioner White to adopt the Ordinance. Seconded by Commissioner Gilliland. The Ordinance was adopted 6-to-0 with the breakdown as follows: 6

7 D. Adopted/Ordinance No approving a request to rezone 1.8f acres of land located at the northeast corner of Integra Breeze Lane and Clyde Morris Boulevard from Volusia County zoning of Urban Single-Family Residential (R2) to City zoning of Planned Development-General (PD-G), to allow a multi-building office complex, and authorizing the Mayor to execute the Clyde Park Office Suites Planned District Agreement. Applicant: Colleen Miles, Land Development Resource Group LLC, on behalf of Chris Butera, Clyde Park, LLC. City Clerk LaMagna read the Ordinance on second and final reading by title only. AN ORDINANCE AMENDING THE ZONING MAP OF THE LAND DEVELOPMENT CODE TO REZONE 1.8± ACRES OF PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF INTEGRA BREEZE LANE AND CLYDE MORRIS BOULEVARD FROM COUNTY R2 (URBAN SINGLE-FAMILY RESIDENTIAL) DISTRICT TO PD-G (PLANNED DEVELOPMENT-GENERAL) DISTRICT; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE CLYDE PARK OFFICE SUITES PLANNED DISTRICT AGREEMENT PERMITTING DEVELOPMENT OF A 12,000 SQUARE FEET OFFICE COMPLEX AND ASSOCIATED SITE IMPROVEMENTS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECT DATE. Letitia LaMagna, City Clerk, stated that Ms. Colleen Miles was there on behalf of the applicant if there were any questions. No comments. It was moved by Commissioner White to adopt the Ordinance. Seconded by Commissioner Gilliland. The Ordinance was adopted 6-to-0 with the breakdown as follows: E. Adopted/Ordinance No approving a request to extend the expiration date of the Grand Isle Planned District Agreement for an additional two years to May 17, Applicant: Joseph H. Hopkins, P.E., The Performance Group, Inc. on behalf of Shoreline Development V, LLC. City Clerk LaMagna read the Ordinance on second and final reading by title only. AN ORDINANCE EXTENDING THE DEADLINE FOR OBTAINING ALL DEVELOPMENT PERMITS FOR THE GRAND ISLE RESIDENTIAL PLANNED UNIT DEVELOPMENT AUTHORIZED BY ORDINANCE NO TO MAY 17, 2019; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. Commissioner Trager asked Mr. Jim Morris if the title opinion has been satisfied. Jim Morris, Deputy City Manager, stated yes it does, and he provided it in writing to those that have an interest in that. Commissioner Trager asked if it was all taken care of. Mr. Morris answered yes it was, and the other side was given the opportunity to know what the answer was. 7

8 Joe Hopkins, 100 Marina Point Drive, Daytona Beach, stated he was there to answer any questions. It was moved by Commissioner Gilliland to adopt the Ordinance. Seconded by Commissioner White. The Ordinance was adopted 6-to-0 with the breakdown as follows: 10. ADMINISTRATIVE ITEMS A. Adopted/Resolution No advising the Property Appraiser for advertising purposes, the FY 2017/18 proposed tentative operating millage rate, rolled-back rate, and voted debt service rate. The requested proposed tentative millage rates for each $1,000 of assessed valuation are: Proposed Current Rolled-back N/A General Fund Operating Voted Debt Service The first public hearing date is scheduled for September 6, 2017, on which the proposed tentative millage rate and proposed FY 2017/18 Budget will be acted upon. City Clerk LaMagna read the Resolution by title only. A RESOLUTION AUTHORIZING THE NOTIFICATION TO THE PROPERTY APPRAISER FOR ADVERTISING PURPOSES, THE CITY OF DAYTONA BEACH FISCAL YEAR 2017/18 PROPOSED TENTATIVE OPERATING MILLAGE RATE OF , THE CURRENT ROLLED-BACK MILLAGE RATE OF THE VOTED DEBT SERVICE MILLAGE RATE OF 0.3 THE FIRST PUBLIC HEARING DATE OF SEPTEMBER 6, 2017, ON THE TENTATIVE MILLAGE RATE AND PROPOSED FISCAL YEAR 2017/18 BUDGET; AND PROVING AN EFFECTIVE DATE. Fred Coulter, Budget Officer, stated today they are entering the formal stages of budget development for next year, and we need to take official action. This is the advertisement that will be mailed to all the City of Daytona Beach taxpayers, setting a proposed millage rate, and date, for the first public hearing. The proposed millage rate is , a reduction from the current millage rate of , it is also an increase from the roll back rate of The increase in property value is lower than the one that we have this year, dropping from to The proposed meeting date for the first public hearing is September 6, 2017, during the Regular City Commission Meeting. Commissioner Gilliland confirmed that this is the not to exceed number, we can always go below this as we hit the September meetings, just not go above this number. Mr. Coulter answered not completely, it is possible to go above this number, but it takes a lot of hoops to jump through. Commissioner Gilliland stated this is a seven and a half percent tax increase, we are doing the not to exceed number. For years, we have been struggling with this roll back, then fall behind. In discussions last year, we were going to try to keep it close, or below, to COLA, Cost of Living Adjustment, depending on new construction that would add to tax rolls, which is not included in these numbers. He stated he will reluctantly support this, but if in September it is more than two or three percent, or lower, he will not vote for it. He wanted to make clear to everyone that this is not the tax rate, but setting the maximum seven and a half percent higher than where we currently are. 8

9 Commissioner White asked for the general fund revenue numbers on page nine. She wanted to look at trending. The idea that we can do more and run the City without any increases is crazy. She requested the actual budget number for the general fund for Mr. Coulter stated we have not yet closed out everything, but he could give her what was received to date, and an estimate for the rest of the year. He is going out of the country and would not have that information right away. Commissioner White stated there are no big red flags, she just wanted to get an idea of the pacing for spending. Mr. Coulter stated he could get her the revenues before the next meeting. Commissioner White thanked Mr. Coulter. Commissioner Gilliland asked if they had the preliminary numbers from the Property Appraiser. Mr. Coulter answered yes, based on the July 1St official date. We cannot calculate roll back without those numbers. Commissioner Gilliland asked what the new construction number was. Mr. Coulter answered close to $90 million. James Chisholm, City Manager, responded new construction is $93,309,182. Commissioner Gilliland asked what the total is. Mr. Coulter stated according to the July 1St Property Appraiser valuations, the existing properties are $4,263,194,460, add to that another $93,309,182 of new construction, gives a total tax base of $4,356,500,642. The total property value went up $411,951,809. Commissioner Gilliland stated he was looking for more than $93 million from last year. Mr. Coulter stated the initial estimates from earlier this year were higher. Commissioner Gilliland stated that number will change, but it was still a great year for us. Commissioner Trager stated she was concerned that many people did not get a seven and a half percent raise this year. She stated they will give the firefighters and police force a raise, but it's much less than seven and a half percent. She stated a lot of the residents are on fixed incomes, and a lot of people living in Daytona Beach have to rent. The property owner's taxes will increase, which means rent would also increase. She requested a real sharp pencil be taken to this. Commissioner Gilliland stated it's a little more than half a million dollars generated by the $93 million, that would be on top of the seven and a half percent. Mr. Coulter pointed out that these numbers do not include the CRA, Community Redevelopment Agency, adjustment. Some of the new taxes go to the CIA, and not to the general fund. 9

10 Commissioner Gilliland stated it was actually $571,000, but just a ball park of where we are. Mr. Colter answered yes. asked for any other comments. He stated the sharp pencil that Commissioner Trager mentioned sounded like a good idea. It was moved by Commissioner White to adopt the Resolution. Seconded by Commissioner Gilliland. The Resolution was adopted 6-to-0 with the breakdown as follows: B. Adopted/Resolution No adopting the Biketoberfest 2017 Private Property Master Plan as submitted by the Daytona Beach Area Convention & Visitors Bureau. The Biketoberfest Development Committee recommends approval of the Biketoberfest 2017 Private Property Master Plan as submitted. City Clerk LaMagna read the Resolution by title only. A RESOLUTION APPROVING THE BIKETOBERFEST 2017 MASTER PLAN FOR OUTSIDE ACTIVITIES ON PRIVATE PROPERTY AND AUTHORIZING OUTSIDE ACTIVITIES DURING BIKETOBERFEST, OCTOBER 19 THROUGH OCTOBER 22, 2017, PURSUANT TO 5A.C.11, TEMPORARY OUTSIDE ACTIVITIES ASSOCIATED WITH A FESTIVAL, OF THE LAND DEVELOPMENT CODE; AND PROVIDING AN EFFECTIVE DATE. Commissioner Ruth Trager announced a conflict of interest regarding this agenda item, she will not participate in the vote. She and her husband own land that is involved in this master plan. City Clerk LaMagna stated Commissioner Trager provided form 813, Memorandum of Voting Conflict, to her office. City Clerk LaMagna asked to repeat the first and second. stated we only have a first, do we have a second. Commissioner White seconded. stated Commissioner Gilliland, and Commissioner White. Helen Riger, Cultural Services and Community Events Director, introduced Kay Gallway from the Convention and Visitors Bureau, who was involved with the private property plan. Kay Gallway, 126 E. Orange Avenue, Daytona Beach, from the HAAA, Halifax Area Advertising Authority, stated she was there representing the Daytona Beach Area Convention Visitors Bureau. They put on Biketoberfest, and they were excited as this is the 25th year anniversary of Biketoberfest. Her committee has reviewed the master plan, and they have worked exclusively with Ms. Riger, who has also reviewed the applicants. They were seeking approval for this year's Biketoberfest. She asked for any questions. 10

11 Commissioner White had a question regarding 500 Ballough Road, from page 4 of the master plan. She asked if it was contingent upon approval of a business license, and if the license was obtained. Ms. Riger stated the last time that she spoke with them they were coming in to apply for the license, and she needed to confirm that they did that. Commissioner White asked what happens if they don't have a license. Ms. Riger answered if they don't have a license, then they cannot participate in the plan. Commissioner White asked then our approval on this is contingent upon that. Ms. Riger stated it is contingent on them having the business license. Commissioner White asked by today. Ms. Riger answered definitely before the event takes place. Commissioner White asked if they have to be in operation for a certain amount of time. Ms. Riger answered they would, but they are a new business. Commissioner White responded that we had this during Bike Week, too. Ms. Riger answered she will have to check on that. Commissioner White stated she is confused, if they don't have a license, then is it 180 days. Ms. Riger stated yes, it is 180 days. Commissioner White questioned then if there is no license, how could they have operated for 180 days. Ms. Riger answered yes, they will not be able to do it if they don't have the license in place, already. She will check on it tomorrow. Commissioner White asked how do we move forward. Ms. Riger answered you could approve it contingent that they would have that license, and be open and operating for 180 days. Mr. Chisholm stated if they don't have a license by now, they can't make it. Ms. Riger answered right, they will be pulled and cannot operate. Mr. Chisholm stated you can approve it contingent upon them complying with the requirements of the City, and with a license. If they don't have a license then they will not be allowed to participate. Ms. Riger answered correct. 11

12 Commissioner White asked if they approve it without them in the plan. Mr. Chisholm stated you approve it contingent, provided they have evidence that they have it for the time they need, 180 days. Commissioner White stated there were some questions regarding leases to adjacent properties. She asked if they have leases, and had that been checked. Ms. Riger answered yes, we have checked and there are leases in place, or the property owner owns the property. Commissioner White thanked Ms. Riger. Commissioner Gilliland stated he thought the requirement was 250 days, not 180. You have to be open 250 days of the preceding 365. We mimic the state rule for liquor licenses which is where we got the 250 days, not 180. Ms. Riger stated she thought it was 180 days, but she will check. If they are not opened for the required number of days then they won't be able to operate for Biketoberfest. Commissioner Gilliland stated there have been new businesses that have asked for an exception, but this this is not the case. If they were not opened nine months prior, and opened every day since, they are not going to be able to make it. Ms. Riger answered that's correct, I can check that tomorrow. stated we definitely want to know that before we get to this point. Ms. Riger stated I will let the manager know tomorrow. City Clerk LaMagna stated she had one speaker. Amy Pyle, 136 S. Grandview Avenue, Daytona Beach, stated she sits on the Biketoberfest task force and reviewed the Main Street applications. She mentioned various applications for properties that had issues. It was moved by Commissioner Gilliland to adopt the Resolution. Seconded by Commissioner White. The Resolution was adopted 5-to-0 with the breakdown as follows: Commissioner Trager Recused 12

13 C. Adopted/Resolution No approving the Biketoberfest 2017 Master Plan for Public Property. The activities included in the plan have been conducted routinely each Bike Week. City staff has reviewed these requests and no concerns were noted. City Clerk LaMagna read the Resolution by title only. A RESOLUTION RELATING TO BIKETOBERFEST 2017, OCTOBER 19 THROUGH OCTOBER 22, 2017; PROVIDING FOR CERTAIN PARKING AND TRAFFIC USES AND REGULATIONS; SUSPENDING PARKING REGULATIONS IN THE COMMERCIAL AREAS OF THE CONTROLLED PARKING DISTRICT FROM OCTOBER 13 THROUGH OCTOBER 22, 2017, IN ACCORDANCE WITH SECTION (d), CITY CODE; AUTHORIZING THE CITY TO OPERATE PAID PARKING LOTS AT VARIOUS LOCATIONS IN THE MAIN STREET AREA; AUTHORIZING VARIOUS ACTIVITIES ON PUBLIC PROPERTY; AND PROVIDING AN EFFECTIVE DATE. Amy Pyle, 136 S. Grandview Avenue, Daytona Beach, stated her opinion regarding the businesses on Main Street during Bike Week, and suggested using unused property for fundraising during that event. It was moved by Commissioner White to adopt the Resolution. Seconded by Commissioner Trager. The Resolution was adopted 6-to-0 with the breakdown as follows: D. Adopted/Resolution No approving the selection of a preferred design option to be used in the construction of improvements to East International Speedway Boulevard (ISB). The information provided was developed as a result of preliminary evaluation of the concepts and public hearing held by the Florida Department of Transportation (FDOT). Option A - No Build Concept (Existing Conditions); Option B - "Dog Bone" Roundabout Concept Plan; Option C - SR AlA Roundabout Concept Plan. This in an opportunity for the City Commission to select an option and report recommendations to FDOT. City Clerk LaMagna read the Resolution by title only. A RESOLUTION IN SUPPORT OF THE DESIGN FOR THE EAST INTERNATIONAL SPEEDWAY BOULEVARD IMPROVEMENT PROJECT CURRENTLY UNDER REVIEW BY THE FLORIDA DEPARTMENT OF TRANSPORTATION; AND PROVIDING AN EFFECTIVE DATE. Scott Larson, 189 Wayfung Drive, Daytona Beach, stated his concerns regarding why the roundabout would not be a good idea, but if it is passed it should be accessible to those with disabilities. Mike Denis, 625 Lenox Ave, Daytona Beach, stated his concerns and opinions regarding the scoop of the study since they only study Monday through Friday rushhour because it did not include the weekend. Dominique Delannoy, 901 S. Peninsula, Daytona Beach, stated his concerns and disapproval for the roundabout, but he is in favor of the beautification on E. International Speedway Boulevard. 13

14 Matthew Byrne, 330 S. Atlantic Avenue, Daytona Beach, stated his concerns regarding why the roundabout will not be a good idea. He doesn't think they are safe. He feels they cause accidents and problems. Vernon Weatherholtz, 3 Granville Circle, Daytona Beach, stated he is in favor of the plans for the roundabout, but was apprehensive regarding the traffic aspects that have not yet been discussed. Jason Aufenberg, 220 S. Fredrick Avenue, Daytona Beach, stated he is in favor of the roundabout. He asked the Commission to consider pedestrians, bicyclists, and other easy accessible ideas in the plan, if passed. Amy Pyle, 136 S. Grandview Avenue, Daytona Beach, stated her concerns and opinions, and assumed that the City Council had already chosen a plan. She stated they need to make sure they are safe for those with disabilities. She stated that backups will occur and is concerned about beach access there. Holly Ryan, 1223 Madison Avenue, Daytona Beach, stated her concerns if the roundabout does pass, that there should be easy accessibility for pedestrian traffic. She stated law enforcement needs to stay on top of violators of pedistrain crossings. Richard Squillante, 1361 Killian Street, Daytona Beach, stated he is in favor of the plan, and thinks it will be an improvement. This is the gateway to the City and the beach and it needs beautification. The point of a traffic circle is to calm traffic and this intersection needs it. Edith Shelley, 5 S. Peninsula Drive, Daytona Beach, was there to represent Halifax Health, and as a local government member of the chamber, they support the beautification and roundabout plan. Jim Cameron, Senior Vice President Government Relations, Daytonal Regional Chamber, 126 E. Orange Avenue, Daytona Beach, stated he supported the plan and sees it as a starting point for redevelopment throughout the Beachside, as a whole. Robert Stolpmann, 400 E. International Speedway Boulevard, Daytona Beach, stated his support for the project. He asked the City again to look at his project for the Carngie Wave. Linda Smiley, 357 Manhattan Avenue, Daytona Beach, stated her concerns regarding the traffic signal that causes the traffic to back up from Nova to AIA, as this is the busiest entrance to the beach. She stated that this project will widen International Speedway Boulevard. Sandy Murphy, 136 Park Avenue, Daytona Beach stated her support for the International Speedway Boulevard project, as this development will improve the City. She stated that there were twelve choices initially offered, but the public only saw three of them. She asked if the simple alternative was considered and dismissed. Mike Pastore, 1508 Virginia Avenue, Daytona Beach, stated his concerns regarding the International Speedway Boulevard project. He thought that it was irrelevant to the traffic issue, and asked the Commissioners to keep the public opinions in their consideration. 14

15 Rob Merrell, 149 S. Ridgewood Avenue, Daytona Beach, stated his support for the third option. He stated this project is the most important project, and he strongly supported this project on behalf of his family, his law firm, and the development project Canadian group. There are a lot of people that have looked at this and support this project. stated his gratitude to everyone that participated as they had a great deal of conversation regarding this project. Commissioner Gilliland stated this is not a beautification project or a City of Daytona Beach project, but a FDOT, Florida Department of Transportation, project. The purpose of this project is to improve traffic flow and improve safety. We have been working on this for two years now. There was talk about the different designs that were modeled, most of them failed, which was why it did not come forward. FDOT will make the choice, but they are looking for the City to provide input in to what design will work best for the City. FDOT pushed the State to come up with designs that improve the efficiency of intersections. This will not prevent back up on the Beachside after Saturday night concerts and fireworks because there are a lot of other things going on over there. However, it will allow the traffic to flow freely through this one intersection, but it's not going to fix the entire Beachside. To be clear, the opportunity to have those cross walks is safer with this design, when you get to the midpoint to crossing the street, there is a waiting place in the event that you don't make it all the way across the road before the signal changes. It's going to be safer than what we currently have, with the opportunity to have a safe harbor in the middle for crossing. He stated that they should move forward with the project. Commissioner Trager stated they have to be very concerned about safety. When they widen the streets, they create nonconforming lots that may not be developed. She stated that we have input on the design and this is one on those times that we need to move on. Commissioner White stated this is a state road and ultimately after the engineers make the design decisions, they will figure out if there is going to be any major traffic problems or safety issues. We are not designing it as it's a state road, however, FDOT is experienced to find out the dangers and safety issues that we discussed, as well as burying the power lines and side walk improvements. We need to consider bicycle friendly and pedestrian safety in this development. Commissioner Gilliland stated the feedback that we received from FDOT is still a dialog back and forth. Underground utilities could be a part of the project if there were existing easements, and the City is responsible to cover those costs. The easement was about a million dollars, and an FPL representative said it may be half of that. If we are going to have this opportunity to improve the flow and safety, we are all trying to do what we can. The staff, TPO, and I move towards opportunities that present itself such as moving the power lines underground, and doing what we can to create a walkable visibly appealing plan. Commissioner Henry stated that after conducting her research she found the recent design to be safer, and asked Commissioner Gilliland if that was the case. Commissioner Gilliland responded yes it is. He stated Seabreeze was not a good design, it's a tight circumference, and the speed limit is 35. It took engineering to figure out how to make improvements. Commissioner Henry asked if that was including the same amount of lanes that they decided to use. Commissioner Gilliland responded yes. 15

16 Mr. Chisolm stated there was a process going through FDOT on this project, and there were a number of elements that we had to work with, regarding safety. Safety was one of the primary elements and we were assured that the ultimate designs were going to include those elements that would provide the safe transportation of individuals to cross that road. The ultimate design will take all the necessary steps to include that. There were twelve options, and maybe even more than that, but this has been going on for about two years. After the state analyzed the options, we ended up with the options that are before you. If you recall the Peninsula Club project, they had twelve options, however, they made the determination for only three options to consider for feedback. In order to go to the next step in this project, FDOT is looking for the City to take an action on one of these three options, and move this action forward to FDOT and the TPO to line up the funding if this is what the City desires. asked if there are any comments. Commissioner Gilliland stated that he wanted to make a motion to select option C, the roundabout concept plan. Commissioner Delgado seconded that motion. It was moved by Commissioner Gilliland to adopt the Resolution. Seconded by Commissioner Delgado. The Resolution was adopted 6-to-0 with the breakdown as follows: E. Adopted/Resolution authorizing City Staff to proceed in the planning and coordination of a Food Truck Special Event proposed for September or October, 2017, and to enter into an agreement with Food Truck Crazy, Inc./Florida Expo Services as the Promoter to organize and structure the event. Staff requests that the City Commission determine the preferred location and specific date and backup date (due to unforeseen circumstances) for the event. City Clerk LaMagna read the Resolution by title only. A RESOLUTION AUTHORIZING CITY STAFF TO PROCEED IN THE PLANNING AND COORDINATION OF A FOOD TRUCK SPECIAL EVENT PROPOSED FOR SEPTEMBER OR OCTOBER, 2017; AND TO PREPARE AN AGREEMENT WITH FOOD TRUCK CRAZY, INC./FLORIDA EXPO SERVICES AS THE PROMOTER TO ORGANIZE AND STRUCTURE THE EVENT, SUBJECT TO CITY COMMISSION APPROVAL; AND PROVIDING AN EFFECTIVE DATE. Commissioner Gilliland asked if the motion should include the alternate date. asked Commissioner Gilliland to repeat his question. Commissioner Gilliland restated that the motion would need to include the location, specific date, and backup date. They would probably need a discussion first. stated he was also wondering about that. 16

17 City Clerk LaMagna stated she had two speakers. Amy Pyle, 136 S. Grandview Avenue, Daytona Beach, stated that Main Street would be a great location for the food trucks. She also stated the parking lot of the Ocean Center would be another great location for a food truck event. She asked to be kept in the loop so that the neighborhood groups could help to promote the events. Robert Stolpmann, 400 E. International Speedway Boulevard, Daytona Beach, stated he was excited to have the food trucks and shared his ideas for different opportunities regarding renewable energy throughout the City. asked for other comments from the Commission. Commissioner Gilliland stated that Ms. Amy Pyle likes Main Street, and asked if there were any other suggested locations. He stated this was the first opportunity they had to discuss it as a Commission. James Chisholm, City Manager, stated they decided at the workshop to come back with a proposed site. They looked at Main Street, and the County owned lot as the two proposed sites. They have been in contact with a provider, but have not yet set a date. They would like the authority for planning, and to piece together the parts for a successful project, and to further determine if food trucks are successful for the community. Commissioner Gilliland stated he has a motion to recommend that the event should occur on Main Street and authorize staff to determine two dates that are not in conflict with events on Main Street or the Ocean Center. Commissioner Delgado stated he would second that. Bob Jagger, City Attorney, stated that a final contract would come back for final approval of the event. clarified that it is not going to be over a period of time, but a one or two day event. He asked for any further questions. Commissioner Delgado asked if they wanted to do it over a weekend. stated he was thinking more than one day, perhaps a Friday to a Sunday. They will give some flexibility. Commissioner Gilliland stated he will amend his motion to authorize staff to plan it as an up to three day event, with dates to be determined that are not in conflict with events on Main Street or the Ocean Center. Commissioner Delgado seconded the motion. asked for any other comments. 17

18 It was moved by Commissioner Gilliland to adopt the Resolution. Seconded by Commissioner Delgado. The Resolution was adopted 6-to-0 with the breakdown as follows: F. Adopted/Resolution No appointing one member to the Board of Directors for the First Step Shelter, Inc. All Board appointments are made by the City of Daytona Beach City Commission by way of Resolution. Appointees consist only of individuals or representatives of government agencies or corporate entities, contributing funding, property, expertise or other forms of assistance toward the First Step Shelter Program. This agenda item is to appoint Ormond Beach Commissioner Dwight Selby to represent Ormond Beach as their representative. Ormond Beach is qualified to have a representative on the Board of Directors because of their participation in the 2016 Bridge Bed Program. City Clerk LaMagna read the Resolution by title only A RESOLUTION APPOINTING ONE MEMBER TO SERVE ON THE BOARD OF DIRECTORS OF FIRST STEP SHELTER, INC.; PROVIDING THAT THE PERSON APPOINTED SERVE AT THE PLEASURE OF THE CITY COMMISSION; AND PROVIDING AN EFFECTIVE DATE. Mike Pastore, 1508 Virginia Avenue, Daytona Beach, stated his opinion regarding the location of the First Step Shelter, and would like to see Brad Carter on the Board to represent the homeless population. Doyle Lewis, 340 North Street, Daytona Beach, stated his opinion regarding the First Step Shelter, and was in favor of the shelter for the homeless. It was moved by Commissioner Gilliland to elect Dwight Selby to the First Step Shelter Board. Seconded by Commissioner White. The Resolution was adopted 6-to-0 with the breakdown as follows: 18

19 G. Adopted/Resolution No appointing one (1) member to the Housing Authority Commission. Members of the Commission are appointed by the Mayor and approved by City Commission. The board shall consist of five (5) members serving four (4) year terms. Section , Florida Statute. The applicant for this position is Hemis Ivey. City Clerk LaMagna read the Resolution by title only. A RESOLUTION APPOINTING ONE MEMBER TO THE HOUSING AUTHORITY COMMISSION OF THE CITY OF DAYTONA BEACH FOR A TERM EXPIRING APRIL 2,2018; AND PROVIDING AN EFFECTIVE DATE. Betty Goodman, Assistant City Attorney, stated the agenda item was to appoint one member to the Housing Authority Commission. The applicant for this position is Hemis Ivey, and it was a Mayoral recommendation. It was moved by Commissioner Trager to appoint Hemis Ivey to the Housing Authority Commission Board. Seconded by Commissioner Henry. The Resolution was adopted 6-to-0 with the breakdown as follows: 11. DISCUSSION A. Discussion regarding Medical Marijuana and how the City will proceed to regulate the use. In June of 2017, the Florida Legislature approved SB 8A which included guidelines for the medical marijuana industry. There are two options: l.) Treat medical marijuana treatment center dispensing facilities no more restrictively than pharmacies, or 2.) Ban medical marijuana treatment center dispensing facilities from being located within the boundaries of the City. Commissioner Trager asked if City Attorney Bob Jagger could give the Commission a little more information regarding where it would be distributed, how and what regulations they might have that the Commission might possibly consider making. Mr. Jagger stated in reference to the state law that was recently passed, it gives the City Commission a couple of options. Pursuant to state law the City, by ordinance, has the option to ban medical marijuana treatment centers either throughout its boundaries, or alternatively it might allow them within the City to the same extent that they allow pharmacies. Provided by statutes, those are your two options. Commissioner White asked for confirmation if they allowed the City to do spacing requirements, or things such as that. Mr. Jagger replied there's a spacing requirement allowed within the state law which is 500 feet from schools. Commissioner Gilliland asked if they could get someone to run through the current code on where pharmacies can be located. 19

20 Mr. Jagger answered that information is in the Commission's backup, but Rich Walton, Planning Director, can also speak on it if they'd like him to. It is in most of the commercial districts throughout the City. Commissioner White stated the list of pharmacies is on page 547 of the agenda backup. Commissioner Gilliland stated he just wanted to get it on record so that the citizens would understand and know exactly what it is the Commission is talking about. The school board went through this more recently because they were going to place a dispensary right next door to a ballet school, and they ended up voting it down. Unfortunately, this is an all or nothing opportunity for the City. He wanted everyone to understand how many areas of the City would be allowed to have these things. He stated an example placing it right next to a pediatrician's office would be totally unacceptable. He was personally not opposed to medical marijuana, but if his choices were anywhere or nowhere, he would go with nowhere. Mr. Jagger said there are between ten and fifteen districts, but he would be more than happy to read them off. He stated the Land Development Code, LDC, prevents pharmacies in the following districts: BR-1, BR-2, B-A, T-4, T-5, RDB-l, RDB-2, RDB-3, RDB-5, RDB-8, RDB-9, RDD-1, RDD-2, RDD-3, RDD-4, RDM-1, RDM-2, RDM-3 and RDM-5. Commissioner Gilliland asked Mr. Jagger if those were the City's residential and tourist areas. He asked Jim Morris if he would decipher and breakdown the codes for the Commission. Jim Morris, Deputy City Manager, stated it's essentially anywhere. When you get down to it, it's about any place that you can think of in this City with the only restriction being spacing from school. The statutes styled it as saying that it may not be located within 500 feet of the real property that comprises a public or privately owned elementary school, middle school, or secondary school, unless the County approves the location through a formal proceeding opened to the public. Anywhere a pharmacy can go, the distribution center can also go, providing it meets the spacing requirements as it complies with the schools. That was one of the things they looked at in Orlando when they voted not to proceed forward. They were not satisfied with the spacing requirements. Commissioner Gilliland asked him to run through the list of schools one more time, he didn't hear private pre-k, pre-kindergarten, to be included. Mr. Morris read the above statement concerning medical marijuana not being located within 500 feet of public or private elementary schools, middle schools, or secondary schools unless Volusia County or municipality approves the location through a formal proceeding opened to the public at which time the County or municipality determines the location meets the public safety and general welfare of the community. Commissioner Gilliland stated his main concern was it could end up next to a pre-k, ballet or dance school, karate training studio, or a gymnasium with kids being taught dancing, swimming lessons, or even indoor trampoline places, or public park. All of those would allow the center to be constructed within their locations. He stated that unfortunately, they tied his hands and if he had to make the choice between anywhere and nowhere, he would have to say nowhere. asked if a pre-k facility is considered a school. Mr. Morris answered that it actually enumerates public or private elementary schools, middle schools, or secondary schools 20

21 stated he viewed this the same as the legislature had, and didn't see where it was going to have a different impact than that of a pharmacy. The way he understood it, the medical use of marijuana in this case is for physical rehabilitation, the same way that any other prescription drug would be used. It would be subject to the same types of rules and regulations as it relates to a person that uses them. He was not going to change his opinion just because of what had been read and presented at this meeting. He was going to support this item by allowing it as it relates in the same way as pharmacies. He asked if anyone else had any comments. Commissioner Gilliland asked if he could make a counter point, and stated that he personally thought this was recreational marijuana. There are plenty of companies out there that will issue an amount if you call them and pay $100. Those guys that got shut down a while back are chomping at the bit and are just waiting for the opportunity to get back into doing it. The incident with the PTSD, post-traumatic stress disorder, in California is ten times the rate that it is with not having the use of medicinal marijuana. He believed there were a lot of people who would benefit from this. He is a supporter of marijuana when it's used for medical purposes, but it's still illegal under federal laws and it's still not covered through insurance. People will get marijuana for medicinal purposes, and will also include the people who are doing it for other recreational purposes. Commissioner Henry stated she personally didn't think it would be treated as a regular pharmacy. She could see there being lines and a lot of people around places that should not be around children, which would always be her main concern. She couldn't imagine a person going into a Walgreens or CVS pharmacy picking up their prescriptions and walking out the door. She also had concerns with the State of Florida as they will soon determine whether or not they're going to allow people to actually smoke it as opposed to other options. She didn't know if the Commission had time to table this discussion and wait to see what happens, especially with the new law suit that's before the State of Florida right now. She personally wouldn't want this next door to a dance studio, gymnasium, or any place that children are taking karate lessons for them to come outside and see this taking place. Mr. Jagger stated the wait and see option is not one of the options that are provided in the statues. He suggested if the Commission wanted to do a wait and see approach, then another option would be to consider the ban, and reconsider it later on down the road. That is a moratorium which is there to prevent people from coming in through being grandfathered, instead of the interim. Commissioner White asked Mr. Jagger if medical marijuana businesses are created, how they would create banking relationships if they're federally prohibited. Commissioner Delgado responded in California and Colorado they use money orders. There are one or two local union type banks that will do something within the community of people that will be growing the marijuana. However, for the most part, they use money orders and cash for their transactions because the banks won't take their deposits. There are a lot of regulations and the money that goes into it will be tremendous. It's not as if everybody on the corner will be opening up dispensaries because there will be various strict regulations in place and only a handful of places will be able to grow marijuana. His personal opinion was that production would be far less than what peoples are imagining. He didn't believe it was going to be the wild wild west. He stated that we've lost the drug war anyway because it's hard to find illicit drugs anymore. In a local pharmacy you'll find some drugs that are way more potent than marijuana, you can go to a gas station and purchase alcohol that is also more potent and dangerous than marijuana. It's not a prescription but actually a recommendation given by a medical doctor to obtain medical marijuana. He didn't think this would get out of hand like the pill mills a few years ago. It scared lots of doctors and business owners who had invested their money and their reputation into this, and he couldn't see them wanting to run afoul 21

22 of the laws just to take a chance on being visited by the FBI, Federal Bureau of Investigation, DEA, Drug Enforcement Agency, or any other federal agency because of that decision. He didn't think it was something the Commission should be worried about because society will not end if they didn't act on this issue through a moratorium. Commissioner Henry asked what the Chief of Police had to say. Commissioner Trager said she also wanted to know the answer to that question. Chief Capri stated he worked the drug unit for six years in Daytona Beach and during that time they cleaned up the streets. We had more than enough drug markets in the City and we've beat them down so much until they hardly exist. He could recall back in the days when you could go to South and King and get any kind of drugs you wanted, but if you go down there now it doesn't exist. Fulton and King and other surrounding drug communities, they don't exist. His biggest fear is about the money, the gunpoint robberies, kids playing in the areas and those going into the facilities to purchase medical marijuana get robbed. He was looking at the big picture that would involve gun violence where someone, God forbid, gets shot. He asked if they really want that in this City. In his honest opinion, he was totally against it. He knew people had issues where they need to use medical marijuana, but wanted them to go someplace else to get it. We have enough going on this City at the moment and he saw this as adding unnecessary problems. We fought hard to take out the drug dealers in the City and that hard work paid off. He stated the Police Department was going to have their hands full because the people are going to start robbing, mugging, and shooting. There will be cash involved and the people will know when they go to these facilities to purchase medical marijuana, the robbing and mugging will start which was his biggest fear. Commissioner White stated she was going to err on the side of not being the testing ground for a cash business that can easily be bought in a City that's on the edge of maybe becoming a little bit easier to manage and to please. Commissioner Trager asked Commissioner White if she was making the motion. Commissioner White replied she was making the motion to disband the medical marijuana pharmacies within the City of Daytona Beach. Mr. Jagger stated tonight this was just a discussion item. If you voted tonight to have it brought back you can make a motion to bring back an ordinance with the Commission's recommendations. He wasn't sure if staff had a direct motion on what to bring back at this point. stated his understanding was staff was going to bring back option number two, to ban medical marijuana treatment facilities from Daytona Beach. Mr. Morris responded from staff's perspective, we would come back to the Commission with an ordinance that would establish option number two, which is to ban the facilities, then take a public hearing at that time to decide what to do with that ordinance. We will do it as promptly as possible. Commissioner White stated the Commission should let this work itself out. If the City wasn't dealing with such fragile ground at this time, she would just rather not work this out right now, at this time, with the current environment. 22

23 B. Discussion regarding the allowance of "grocery style" food trucks in the Midtown Redevelopment Area "Food Desert" and how, if permitted, the City will regulate the use of mobile food vending designed to address the issue of availability of fresh fruit, vegetables and other non-prepared food items. The City does not currently allow mobile vending as a use, unless it is part of a special event. This prohibition is listed in Section , and includes motor vehicles and trailers. Consideration of actions that can be taken to work towards a solution as set out in the attached memo. Jim Morris, Deputy City Manager, stated this was one of the items from the Commission workshop. The Commission wanted to have a test program to see how it would work. This particular one seems to be in a much clearer direction for the Commission. Subsequent to the workshop, staff found maps that identify food deserts in the right places to show where it's difficult to find and receive fresh groceries. This would enable a roving truck to sell fresh produce and vegetables throughout town, which is something presently not permitted, but will now be permitted. We're hoping someone will take the opportunity to participate in it. If someone is limited by ability or a lack of places near their home, then they can come through the neighborhood to a route the people can actually operate and sell fresh fruits and vegetables. He stated we do have issues as to where there will be parking, whether it's public parking, right-of-way, or private property. He stated if a business wanted to have them on their property, they would be able to. We would not establish any limits in terms of how many there would be, simply that the activity may occur and the intent is to bring fresh food into the neighborhoods where stores aren't making it available. Commissioner Gilliland asked Mr. Morris if this would be done by regulations as a pilot program with the sunset. Mr. Morris answered we will have a sunset ordinance so any regulations where people invest into equipment and so on, they're saying they thought they were doing it for ever. The ordinance would have a sunset date so the Commission would have the opportunity to come back and determine whether or not it should occur, if it should fail or go away, or remove the sunset provision by making modifications. The intent here is to allow this to occur and still have the sunset provision to enable those participating to know that the provision and legislation could end if the Commission elects not to continue the sunset ordinance, or to remove the sunset from the ordinance. Commissioner Delgado asked if there was a ballpark or guideline where you have an investment with the amount of years for the sunset ruling. Mr. Morris answered no we do not, staff needs to draft one, and recommend at least twenty-four months. Historically, looking at the City with roving vendors, it hasn't been something the City has wanted to do. While the Commission thinks it's a good idea to do these things, we also need to tip toe out a little to have the ability to correct it if the Commission collectively decided that it's something that needed to be addressed. That's the reason for the approach. Commissioner Delgado stated the amount of money that the vendor needs to put into his truck, one year would not be enough time for them to recoup that amount of money. Mr. Morris stated he did not disagree with what Commissioner Delgado stated. The assumption of staff was that the people that participate in the farmer's market activities already have the equipment, and are setup. They already have the supplies, and could operate an auxiliary truck where it would leave the Downtown Farmer's Market, and go on and get the license through the City. He stated he sat in on meetings where he heard the citizens say how they missed the opportunity of having fresh fruits and vegetables in their neighborhood. This was not just in the Midtown area, it also take a look at Downtown where you will notice just how far the nearest grocery stores are. When we bring this 23

24 back to the Commission, it will be on a first and second reading, then the Commission can make any necessary amendments or corrections. We will distribute everything so that the Commission is aware of all the details. We want this to be an ordinance that the Commission wants to support and will do the job that you, as the policy makers, believe should be the terms. Commissioner Gilliland stated he would be willing to do twelve months. If we believe that these vendors are already somewhat established as farmer's market type individuals. Mr. Morris stated in terms of whatever the Commission decides, we will bring an ordinance to you so that you can address it at that time and modify the terms. The idea now is to get the concept in place so we can bring you some ordinances that will give you the details. Commissioner Gilliland asked if the City only wanted to take a look at the Midtown Redevelopment area or all five redevelopment areas. Mr. Morris replied it's meant to be City-wide, and let the people decide where to find a market. Some of the locations in the Midtown area, a vendor might decide that it's not a place that can make the most money because there's no money to be spent there. That might seem a presumption on his part, but that's really where the greatest shortage will be because it's the greatest distance. He stated some people are not able to drive and they have to walk, ride a bicycle, or ride a bus to get there. The intent is to consider other places within the City as well. Commissioner Gilliland replied he wasn't sure if there were any grocery stores in any of the redevelopment areas. Mr. Morris responded there were none that he could think of. Commissioner Gilliland stated his inclination would be to allow it in the Redevelopment areas, because once you get outside of those areas and go north to Main Street and Bellaire, there is a Publix supermarket. Head south, and there are grocery stores in Daytona Beach Shores. He suggested it really needs to be focused on where the desert is the driest. Mr. Morris stated whatever the Commission wishes is what we will do. We want to do what the Commission talked about at the workshop and make it what you want it to be. asked if he would repeat what he stated, because he concurred with having it done in all of the Redevelopment areas. Commissioner Gilliland restated he would make it a twelve month, to be applied in all five of the Redevelopment areas. Commissioner Delgado stated he thought the market would determine the areas, or zones, they were needed in. He didn't know if the vendor wanted to go park side-by-side a Publix supermarket unless they had largely different products. He stated he thought a year would be a very short period of time if you have to establish business. They're going to need most of that time to establish a rapport with the communities they're trying to service. He stated at least eighteen to twenty-four months would be more realistic for a new idea such as this. Commissioner Gilliland stated he wanted the ordinance to say they are not allowed to go into the communities and knock on doors. We don't want food trucks driving around in the Indigo area 24

25 knocking on doors asking the homeowners if they wanted to buy some asparagus. He didn't see that going over very well with the community. Mr. Jagger addressed Commissioner Gilliland and stated that one of the typical restrictions you see in these types of ordinances would be to allow them in the right-of-way. In the case that you have those types of restrictions, or not to allow them in the right-of-way, and allow it only on private or public property considering the circumstances. That's one of the many options the Commission has to consider. James Chisholm, City Manager, stated in order for it to be effective, they need the opportunity to be found on a particular day, at a particular time. If they're going to be just driving around the City, he didn't think that was going to be a successful effort. He felt it would be more productive if they had designated areas within the Redevelopment areas. It needs to be at a place that has parking and accessibility for the people. If they know they're going to be at a certain place, at a certain time, then everyone will know where and when to go meet them. stated he thought that the suggestion Commissioner Delgado had could be compromised by splitting the difference instead of going with twenty-four months, just go with the eighteen months. 12. PUBLIC COMMENTS Amy Pile, 136 S. Grandview Avenue, Daytona Beach, would like to see a dedicated Beachside Redevelopment project manager. She stated she has sat on the citizen Beachside advisory board for the past seven months without voting on a new project, and she is concerned that there are still two empty seats on that board. Jenny Nazak, 413 Harvey Avenue, Daytona Beach, stated she was excited about the food trucks and thought that they would benefit the community. She shared her research on a small town that used a creative way to fight blight. Mike Pastore, 1508 Virginia Avenue, Daytona Beach, stated he would like to see term limits. He was against the City shutting down dispensaries. Robert Stolpmann, 400 E. International Speedway Boulevard, Daytona Beach, stated he would like the City to model the Carnegie Wave device in the traffic loop on E. International Speedway Boulevard. He stated that he was in favor of food trucks and medical marijuana, as it can bring in revenue for the City. Barry Chantler, 2716 S. Atlantic Avenue, Daytona Beach, shared his opinion regarding his landlord, and stated that he was in favor of roundabouts. Doyle Lewis, 340 North Street, Daytona Beach, stated he was in favor of the roundabout. He was pleased with the performance of Chief Capri, and his remarks regarding drug use in the City. Sandy Murphy, 136 Park Avenue, Daytona Beach, stated her concerns regarding Bike Week and the Biketoberfest master plan. She stated the initiative for the Citizens for Responsible Development is for Main Street to have year round thriving businesses. She stated the current masterplan guidelines needs a sharp review by the City Attorney, constructive input from our City's organizations, and tough decision making by the Commission. 25

26 Marjorie Johnson, 122 S. Keech Street, Daytona Beach, stated she would like the benches and tables replaced at City Island Park. She stated she repeatedly asked for help for her neighbor that has a hole in the street in front of her house that it is still not fixed. She is in favor of the food trucks, and would like to see more transparency. Mike Manderville, 611 Braddock Avenue, Daytona Beach, stated his concerns regarding 613 to 617 Braddock Avenue, and would like an answer as to what is going on with that property. The water has been shut off and new drug addicts have appeared on the property. He stated he was in favor of the roundabouts, and stated that tractor trailers should not be permitted to use them. Linda Smiley, 357 Manhattan Avenue, Daytona Beach, stated she is in favor of the food trucks. She stated the Beachside Redevelopment Board is running poorly, and there are still two empty seats that are not filled. She stated the Main Street masterplan questions should have all been answered before it came up for a vote. She stated the City needs to stick to the rules regarding the length of time a business needs to be in operation in order to participate, and would like to see year round businesses on Main Street. 13. COMMISSION COMMENTS Commissioner Henry asked Mr. Chisholm regarding the woman Ms. Marjorie Johnson mentioned, if Hardy Smith went out to speak with her. Mr. Chisholm responded he was not certain who went out to speak with her. He stated that she did not have a problem that she was concerned about relating to the street. Commissioner Henry thanked the City Manager. Commissioner Trager mentioned the ground breaking for the two new restaurants coming to Beachside, and hopes to have them completed soon. Commissioner Delgado thanked Chief Capri and the police force for their quick response during the truck rally, he received many complaints regarding noise and trucks cutting through neighborhoods. Chief Capri stated they issued 250 citations. He was not going to point blame, just find solutions. Commissioner Delgado thought he had a good response and kept the neighborhoods clear and safe. He stated hopefully next year they will not have the same issues, and appreciated the work that the police had done. Commissioner White stated she gave the Commissioners a map with a circle outlining the corner of Orange Avenue and Beach Street. There is a grave there for Brownie, the town dog, which has a great story behind it. She stated they should have also received a letter from the Beautification Board regarding upgrades to that area. There is a push to put a dog statue there, and thinks this is a great cause. She would like to ask the City Manager to work with the Beautification Board, and with Eddie who came up with the idea. She wanted to donate $500 from her Bike Week fund to the project. She stated the suggestions for the Bike Week master plan guidelines are less restrictive than what they currently are. She asked the City Manager to have his staff look at them, as they are always trying to get that event right. She stated she received lots of s from hoteliers regarding the truck event. She sits on the Tourism Development Council Board, and will share those concerns with the committee. She was thankful for the patrolling on the Sweetheart Trail, and for the extra trash pickup. 26