MINUTES. May 4, 2016

Transcription

1 MINUTES REGULAR MEETING - CITY COMMISSION May 4, 2016 Minutes of the Regular Meeting of the City Commission of The City of Daytona Beach, Florida, held on Wednesday, May 4, 2016, at 6:00 p.m., in the Commission Chambers, City Hall, 301 South Ridgewood Avenue, Daytona Beach, Florida. 1. Roll Call. Also Present: Commissioner Paula Reed Present Commissioner Ruth Trager Present Commissioner Pamela Woods Present Commissioner Kelly White Present Commissioner Robert Gilliland Present Commissioner Patrick Henry Present Mayor Derrick Henry Present James V. Chisholm, City Manager Robert Jagger, City Attorney Letitia LaMagna, City Clerk 2. Commissioner Henry led the Invocation 3. Commissioner Reed led the Pledge of Allegiance to the Flag 4A. APPROVAL OF MINUTES Approval of the minutes of the April 20, 2016 Regular City Commission Meeting held at City Hall, 301 South Ridgewood Avenue, Daytona Beach, Florida. It was moved by Commissioner Gilliland to adopt the minutes. Seconded by Commissioner Woods. The motion passed 7-to-0 with the breakdown as follows: Commissioner Reed Commissioner Trager Commissioner Woods Commissioner White Commissioner Gilliland Commissioner Henry Mayor Henry 1

2 5. AGENDA APPROVAL A. James V. Chisholm, City Manager, read the Agenda changes: Add Item No. 9C - Presentation - Volusia/Flagler Commission on Homelessness - Update before Citizen Comments. Add Item No. 9D - Development and Administrative Services - Salvation Army - Bridge Bed Program to Administrative Items. Add Item No. 9E - Development and Administrative Services - Halifax Urban Ministries - Travelers Aid Program Funding Agreement to Administrative Items. It was moved by Commissioner Gilliland to approve the Agenda with changes. Seconded by Commissioner Woods. The motion passed 7-to-0 with the breakdown as follows: 9. PRESENTATION Commissioner Reed Commissioner Trager Commissioner Woods Commissioner White Commissioner Gilliland Commissioner Henry Mayor Henry C. Sam Willett, representing the Commission on Homelessness, stated he provided the City Council members with a summation of the bridge program. He pointed out misdemeanor arrests prior 129 arrests and the 90 days since the bridge program there have been 58. Law enforcement has reported an improved situation on Beach Street. He reported on what the Commission on Homelessness over the last 90 days. They will have a strategic plan ready in July. He reported on expansion of services in Deland. They are working to build a consensus on homelessness throughout the community. Commissioner Woods acknowledged Cheryl Coxwell and the Speedway for their partnership. Mr. Willett stated they want to have literature for the public to understand HUD and Housing First. Commissioner White asked if they were still looking at a centralized facility. Mr. Willett stated they would look at all the options. Commissioner White asked they take that into consideration as they get consensus. 2

3 6. CITIZENS COMMENTS A. John Nicholson, 413 N. Grandview Avenue, Daytona Beach commented on several issues throughout the City. He stated he was not allowed to view the items under discussion at a selection committee meeting. James V. Chisholm, City Manager, asked the City Attorney to address the selection committee issue. Robert Jagger, City Attorney, stated it was sealed proposals under State Law. This is standard purchasing process. Amanda Moreno, 412 Goodall Avenue, Daytona Beach commented on the Silver Beach Bridge closing and the need to beautify east I.S.B. James Norris, 5408 Fredrick Lake Drive, Port Orange, FL, stated he is an owner and operator with Yellow Cab. He asked the City Commission to do something about Uber in Daytona Beach. Jimmy Hill, 372 7t" Street, Atlantic Beach, FL, stated he was here to announce Florida Boat Show at the Halifax Harbor Marina on May 20, 21, and 22na Fred Hoffmann, 882 E. Coquina Drive, Daytona Beach, stated his concerns for the City Manager's salary and the employee salaries. Amy Pyle, 136 S. Grandview Avenue, Daytona Beach, announced the publication of the Voice of the Beachside from the Beachside Neighborhood Watch. Jim Schultz, 117 Harvard Drive, Ormond Beach, FL stated his concerns about drinking water and the lead. Norma Bland, 1324 Imperial Drive, Daytona Beach, stated her concerns over Joe Harris Park. Doyle Lewis, 340 North Street, Daytona Beach, stated his concerns about homelessness. Marjorie Johnson, 122 S. Keech Street, Daytona Beach stated her concerns about various issues in the City. Mike Pastore, 400 Fremont Avenue, Daytona Beach stated his concerns about homelessness. Steve Miller, 839 George W. Engram, Daytona Beach stated he is the Chairperson of the Leisure Services Board. He stated his concerns about the lack of activities for children in Daytona Beach. Joel Uptagrafft, 340 North Street, Daytona Beach stated he is in the Salvation Army Bridge Program. He stated his concerns about what happens when the program ends. 3

4 7. CONSENT AGENDA A. Adopted/Resolution No accepting the Local Agency Program (LAP) Agreement (FPN: ) between the City and the Florida Department of Transportation (FDOT) in the amount of $121,233. The LAP Agreement provides for the construction of a five foot wide concrete sidewalk on the south side of Holsonback Drive between the Volusia County Health Department and the Votran Bus Stop on Bill France Blvd. The Design of the project was completed by Public Works Technical Services staff and the survey services were provided by a survey firm under a continuing services contract. The current Construction Opinion of Probable Cost for this project is $121,233 and Construction costs up to $96,130 will be reimbursable under the LAP agreement. If there is an outstanding balance not covered by the LAP Agreement after the bids come in, the City will be responsible for those costs. A RESOLUTION APPROVING THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT PROVIDING FOR REIMBURSEMENT TO THE CITY OF AN AMOUNT NOT TO EXCEED $96,130 FOR CONSTRUCTION OF THE HOLSONBACK DRIVE SIDEWALK PROJECT; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT; AUTHORIZING AMENDMENT OF THE APPLICABLE FISCAL YEAR BUDGET AND EXPENDITURE OF ALL FUNDS AWARDED; AND PROVIDING AN EFFECTIVE DATE. B. Adopted/Resolution No approving Supplemental Agreement No. I in the amount of $57,135 to the FDOT-MOA Contract No. APV41 to include maintenance for the Speed Zone area on International Speedway Boulevard. Resolution No approved the renewal of a three-year maintenance reimbursement agreement with the FDOT providing for FDOT to reimburse the City in the amount of $154,000 annually for the provision of the City maintenance of FDOT rights-of-way within the City. The contract will expire on June 20, 2016; therefore, the Supplemental Agreement is needed and must be returned to FDOT prior to the expiration date. Once executed, FDOT will include the amount of $114,270 in the new three-year agreement. A RESOLUTION APPROVING THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) SUPPLEMENTAL AGREEMENT, AMENDING THE HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT WITH FDOT FOR MAINTENANCE SERVICES ON CERTAIN STATE RIGHTS-OF-WAY WITHIN THE CITY'S CORPORATE CITY LIMITS, PROVIDING FOR PERFORMANCE OF ENHANCED MAINTENANCE SERVICES BY THE CITY WITHIN THE SPEED ZONE AREA ON WEST INTERNATIONAL SPEEDWAY BOULEVARD, AND AN INCREASE OF $57,135 IN THE AMOUNT TO BE PAID BY FDOT TO THE CITY; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE SUPPLEMENTAL AGREEMENT; AUTHORIZING AMENDMENT OF THE APPLICABLE FISCAL YEAR REVENUE AND EXPENSE BUDGET; AND PROVIDING AN EFFECTIVE DATE. C. Adopted/Resolution No authorizing the expenditure of an amount not exceed $660,000 for the cost of the City's utility portion of work associated with the Joint Project Agreement with Volusia County for the LPGA Boulevard Widening Project from Jimmy Ann Drive to Derbyshire Road. 4

5 Resolution , adopted on September 23, 2015, approved a Joint Project Agreement with Volusia County for the roadway widening of LPGA Boulevard from just east of Derbyshire Road to Jimmy Ann Drive. The City has existing waterlines within this portion of LPGA Blvd., which are in conflict with the County's roadway and stormwater improvements and have to be relocated. The Joint Project Agreement allows the County's roadway and the City's utility improvements to be constructed as one project providing an economic advantage to both parties. The City initially established a budget of $750,000 for our share of the construction project; however, the low bid for the project places the City's cost for utility work at $605, For consistency with County practices, an approximate $55,000 contingency has been added to the bid price to prevent time delays due to minor overruns in project quantities. A RESOLUTION APPROVING THE EXPENDITURE OF UP TO $660,000 FOR RELOCATION OF CITY UTILITIES IN ASSOCIATION WITH THE WIDENING OF LPGA BOULEVARD, IN ACCORDANCE WITH A JOUNT PROJECT AGREEMENT WITH THE COUNTY OF VOLUSIA; AND PROVIDING AN EFFECTIVE DATE. D. Adopted/Resolution No authorizing a collective bargaining agreement between the City and Fraternal Order of Police (FOP) for Police Lieutenants for terms and conditions of employment beginning October 1, 2015 and ending September 30, 2016, (retroactive to October 4, 2015) and authorizing a general wage increase; which is funded in the FY2015/2016 budget. A RESOLUTION APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A COLLECTIVE BARGAINING AGREEMENT WITH THE FLORIDA STATE LODGE FRATERNAL ORDER OF POLICE FOR A TERM ENDING SEPTEMBER 30,2016; PROVIDING FOR WAGES, TERMS, AND CONDITIONS OF EMPLOYMENT FOR POLICE LIEUTENANTS IN THE COLLECTIVE BARGAINING UNIT; AMENDING THE PAY SCHEDULE TO INCREASE THE MINIMUM PAY RANGE FOR POLICE LIEUTENANTS; AUTHORIZING WAGE INCREASES BEGINNING WITH THE OCTOBER 4, 2015, PAY PERIOD; AUTHORIZING AN INCREASE IN THE WEEKLY STIPEND FOR LIEUTENANTS ASSIGNED TO THE SWAT TEAM; REPEALING ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. E. Adopted/Resolution No authorizing payment from the General Fund in the amount of: $200 to Daytona Express, Inc. for the general donation to the Track & Field Club from the Bike Week Sponsorship Funds of Mayor Derrick Henry. $200 to Daytona Express, Inc. for the general donation to the Track & Field Club from the Bike Week Sponsorship Funds of Commissioner Paula Reed. $200 to Daytona Express, Inc. for the general donation to the Track & Field Club from the Bike Week Sponsorship Funds of Commissioner Patrick Henry. $100 to Daytona Express, Inc. for the general donation to the Track & Field Club from the Bike Week Sponsorship Funds of Commissioner Kelly White. 5

6 $500 to the Navy League of the United States, Daytona Beach Area Council for a general sponsorship donation from the Bike Week Sponsorship Funds of Commissioner Robert Gilliland. A RESOLUTION AUTHORIZING GRANTS FROM THE BIKE WEEK SPONSORSHIP FEES; AND PROVIDING AN EFFECTIVE DATE. It was moved by Commissioner Gilliland to dispense with the reading of the Resolutions on the Consent Agenda and to adopt the Resolutions. Seconded by Commissioner Reed. The motion passed 7-to-0 with the breakdown as follows: 8. PUBLIC HEARINGS Commissioner Reed Commissioner Trager Commissioner Woods Commissioner White Commissioner Gilliland Commissioner Henry Mayor Henry A. Adopted/Ordinance No amending sections 2-57 and 2-58, City Code, to adjust the Mayor and City Commissioners salary by combining the weekly expense allowance in their base pay; the Mayor shall receive an annual salary of $41,059 and each City Commissioner shall receive an annual salary of $23,650. City Clerk LaMagna read the Ordinance on second and final reading by title only. AN ORDINANCE AMENDING SECTIONS 2-57 AND 2-58, CITY CODE, TO ADJUST THE SALARIES OF THE MAYOR AND CITY COMMISSIONERS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING WHEN THIS ORDINANCE SHALL TAKE EFFECT. John Nicholson, 413 N. Grandview Avenue, Daytona Beach asked them to clarify the total compensation package. Commissioner Reed stated for the record this is not a raise. Commissioner Gilliland stated they are following the County model for the sake of transparency. Commissioner Woods stated the quote that was made about the City Manager's salary was wrong. She stated they are part of FRS. It was moved by Commissioner Gilliand to adopt the Ordinance on second reading. Seconded by Commissioner Woods. The Ordinance was adopted 7-to-0 with the breakdown as follows: Commissioner Reed Commissioner Trager Commissioner Woods Commissioner White 6

7 Commissioner Gilliland Commissioner Henry Mayor Henry B. Passed/Ordinance amending the Land Development Code, Article 5 (Use Standards), Section 5.2.A (Principal Use Table), to allow Other Indoor Recreation/Entertainment as a permitted principal use in the Industrial Park (M-4) zoning district. Applicant: Frank T. Severino, Severino Enterprises, Inc. City Clerk LaMagna read the Ordinance on first reading by title only. AN ORDINANCE AMENDING THE PRINCIPAL USE TABLE FOR RESIDENTIAL, BUSINESS, INDUSTRIAL, TOURIST, AND SPECIALTY DISTRICTS, ARTICLE A.2 OF THE LAND DEVELOPMENT CODE; AMENDING THE LIST OF PERMITTED PRINCIPAL USES IN THE M-4 (INDUSTRIAL PARK) ZONING DISTRICTS TO ADD OTHER INDOOR RECREATION/ENTERTAINMENT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. No discussion. It was moved by Commissioner Gilliand to pass the Ordinance on first reading. Seconded by Commissioner Woods. The Ordinance passed 7-to-0 with the breakdown as follows: 9. ADMINISTRATIVE ITEMS Commissioner Reed Commissioner Trager Commissioner Woods Commissioner White Commissioner Gilliland Commissioner Henry Mayor Henry A. Passed/Ordinance amending the Daytona Mixed Use Planned District Agreement to add 3f acres of land for a total of 191.9± acres, located on the north side of West ISB, west of Bill France Blvd., east of West Rd., and on either side of portions of Dunn Avenue to the north, add Indoor Recreation/Entertainment to the list of permitted uses, modify height of lighting fixtures in parking areas, modify signage plan, modify infrastructure and associated improvements, and authorizing the Mayor to execute the Amendment to the First Amended Planned District Agreement. Applicant: Robert A. Merrell III, Esq., Cobb Cole, on behalf of 220 BFB, 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 3± ACRES OF PROPERTY LOCATED ON THE WEST SIDE OF BILL FRANCE BOULEVARD AND NORTH OF WEST INTERNATIONAL SPEEDWAY BOULEVARD FROM PD-G (PLANNED DEVELOPMENT-GENERAL) TO PD-G (PLANNED DEVELOPMENT-GENERAL) DISTRICT, SUBJECT TO THE DAYTONA MIXED USE PLANNED DISTRICT AGREEMENT; APPROVING THE AMENDMENT TO THE FIRST AMENDED AND RESTATED DAYTONA MIXED USE PLANNED MASTER DEVELOPMENT AGREEMENT TO ADD THE 3± ACRES OF PROPERTY TO THE PD-G AND TO 7

8 ALLOW FOR AN INCREASE TO THE ALLOWABLE MAXIMUM HEIGHT OF EXTERIOR STREET AND PARKING LOT LIGHTING FROM 25 TO 35 FEET; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE AMENDMENT WITH INTERNATIONAL SPEEDWAY CORPORATION, EVENT EQUIPMENT LEASING, LLC, ISC PROPERTIES, LLC, VOLUSIA POINT PROPERTIES, LLC, AND 220 BFB, LLC; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. No discussion. It was moved by Commissioner Trager to pass the Ordinance on first reading. Seconded by Commissioner Woods. The Ordinance passed 7-to-0 with the breakdown as follows: Commissioner Reed Commissioner Trager Commissioner Woods Commissioner White Commissioner Gilliland Commissioner Henry Mayor Henry B. Amended/Ordinance amending City Code Section 62-1, Miscellaneous Offenses to provide that all state misdemeanor offenses - not just second degree misdemeanor offenses - are a City Code violation. The current Code makes unlawful the commitment within City limits of any act which is recognized by state statutes as a second degree misdemeanor. The possession of marijuana under 20 grams and related paraphernalia is a first degree misdemeanor under state law. City Clerk LaMagna read the Ordinance on first reading by title only. AN ORDINANCE AMENDING CHAPTER 62, CITY CODE RELATED TO ADOPTION OF STATE MISDEMEANORS, AMENDING 62-1, BY DELETING REFERENCE TO SECOND DEGREE MISDEMEANORS AND PROVIDING THAT ALL STATE MISDEMEANORS SHALL BE A CITY ORDINANCE VIOLATION; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. It was moved by Commissioner Henry to pass the Ordinance on first reading. Seconded by Commissioner Gilliland. Commissioner Woods asked the Police Chief and the City Attorney to clarify this Ordinance. Robert Jagger, City Attorney, stated the amendment is to include all misdemeanors. There are only two types of misdemeanors, first and second degree. Possession of marijuana under 20 grams is a first degree. This would make possession of marijuana under 20 grams a code violation, including other misdemeanors. It is at the officer's discretion to charge an Ordinance violation or criminal. 8

9 Commissioner Woods stated that the Police Chief wanted to address specifically the marijuana component. Michael Chitwood, Chief of Police, stated the policy in writing would match the policy they have now that under 20 grams of marijuana you can charge with an Ordinance violation. If an individual is arrested committing another crime and they have less than 20 grams of marijuana on them they will be charged criminally for both. The other crimes will be processed the same way they always have. He likes the officer to have the discretion. This policy has been in place and this action tonight brings the policy and the Ordinance together. Commissioner Gilliland clarified that the other first degree misdemeanors including trespassing and simple battery will be charged criminally under this policy. Only the under 20 grams of marijuana can be charged Ordinance violation at the discretion of the officer. Chief Chitwood gave an example of someone being stopped and having under 20 grams and someone being arrested for domestic violence and having under 20 grams. The latter would be two criminal violations. Commissioner Trager wanted to clarify all other first degree misdemeanor. Chief Chitwood answered her inquiries. Commissioner Trager was troubled with all misdemeanors. Mr. Jagger stated they need to clarify between the Police Department's policy and what the Ordinance would allow. The existing Ordinance and the proposed Ordinance gives the officer discretion. The Chief has the authority to create his own policy on how he wants his officer to proceed. Commissioner Trager feels this is too loose. Chief Chitwood stated all they are doing is catching up the verbiage on the Ordinance with the verbiage in the policy. They are not changing anything they are doing. They are not, not going to arrest individuals that need to be arrested. The caveat is if you have under 20 grams of marijuana and there aren't other mitigating factors...you have previous convictions etc. then you can be given a fine. Commissioner Trager clarified the policy now. Chief Chitwood gave them an example of underage drinking. Commissioner Trager asked if they are doing that now with marijuana why they had to pass this Ordinance. Mr. Jagger stated as it turns out marijuana under 20 grams is a first degree misdemeanor and the current Ordinance states second degree misdemeanors. Therefore we need to amend the Ordinance. 9

10 Commissioner Trager asked why it couldn't just specify marijuana and no other misdemeanors. Mr. Jagger stated they could do that; it was at the Commission's discretion. Commissioner Trager stated she would like to do that. She can't support it the way it is written now. Commissioner White asked what the fine is now. Mr. Jagger stated it is $100. If it goes to court a judge can impose a greater fine. Commissioner White suggested they look at increasing that fine. Commissioner Henry stated he is against raising it. Commissioner Gilliland stated you have to have good data to back up an increase like that and he doesn't think they have it at this point. Commissioner Woods stated that is a discussion for another time. She asked Commissioner Trager to look at it further because this Ordinance would give the officer discretion and there may be a time down the road where it might be prudent to give someone an Ordinance violation. If you take that away completely the only options they have is to do nothing or to criminally charge. Chief Chitwood stated if the Ordinance stays the same, the policy they have will become more expansive. If you change the Ordinance to specify only marijuana than it would match the current policy they have. Commissioner Trager stated she thinks it should be tighten up. Mayor Henry stated we have a motion and a second. Commissioner Reed asked what Chief Chitwood's preference was. Chief Chitwood stated he would prefer it specified under 20 grams of marijuana. Commissioner Gilliland asked if Commissioner Henry wanted to amend the Ordinance to restrict it to 20 grams of marijuana or less. Letitia LaMagna, City Clerk, stated Commissioner Henry made the motion. Commissioner Henry declined to amend the motion. Commissioner Gilliland withdrew his second. He made a motion to amend the Ordinance to restrict to 20 grams of marijuana or less. 10

11 Commissioner Trager seconded the motion. Mayor Henry called for a roll call vote. The motion passed 7-to-0. Mr. Jagger stated the item would be brought back to them again as a first reading item because the title will need to change. It was moved by Commissioner Gilliland to amend the Ordinance and move to first reading - May 18, 2016 Agenda. Seconded by Commissioner Reed. The motion passed with the breakdown as follows: Commissioner Reed Commissioner Trager Commissioner Woods Commissioner White Commissioner Gilliland Commissioner Henry Mayor Henry D. Adopted/Resolution No approving a letter agreement to continue providing funding assistance for The Salvation Army Bridge Bed Program for a 90-day period that will run from April 28, 2016 to July 26, 2016 to help the City address recent homelessness problems within the City. Under the agreement, the City would pay The Salvation Army a Base Fee of $118, and up to an additional $1,000 for reimbursement of temporary hotel costs that may be incurred. The Base Fee will be paid in arrears by the City in three equal monthly installments upon receipt of invoices from The Salvation Army. The City will pay the Salvation Army's incurred costs for hotel placement, if any, (subject to the maximum), when paying the monthly Base Fee installment upon proof of such contracted costs. City Clerk LaMagna read the Resolution by title only. A RESOLUTION APPROVING A LETTER AGREEMENT WITH THE SALVATION ARMY DAYTONA BEACH COMMENCING APRIL 28, 2016, FOR A 90-DAY PERIOD, PROVIDING FOR THE CITY'S CONTINUED PARTICIPATION IN THE BRIDGE BED PROGRAM TO ADDRESS HOMELESSNESS PROBLEMS WITHIN THE CITY; AUTHORIZING THE EXPENDITURE OF UP TO $119, FOR THE SERVICES ASSOCIATED WITH THE AGREEMENT SUBJECT TO TERMS AND CONDITIONS; AND PROVIDING AN EFFECTIVE DATE. Commissioner Reed asked if it reads $118,000. Mayor Henry stated, yes Commissioner White agreed. Letitia LaMagna, City Clerk stated the resolution reads $119,000. Commissioner Gilliland stated the correct number is $118,

12 John Nicholson, 413 N. Grandview Avenue, Daytona Beach asked if the $1,000 is the total for the 90 days and wanted to know if this was temporary until the permanent facility is built. Joan Campanaro, 721 Pelican Bay Drive, Daytona Beach stated she is representing FAITH Organization, expressed her concern regarding the homeless and the temporary situation with the Salvation Army; wants a long-term solution facility. Wants to know if the City has changed its stance on having the homeless facility inside City limits. Stacey Stepanovich 3948 South Peninsula Drive, Port Orange, President of Volusia/Flagler Central Labor Council stated she was here to support FAITH in their initiative to establish Volusia Safe Harbor. She appreciates the short-term efforts but supports a long-term solution. Mike Pastore, 400 Fremont Avenue, Daytona Beach expressed his concern for the homeless and wants a permanent solution. Marjorie Johnson 122 South Keech Street, Daytona Beach expressed her concern for the homeless and wants a permanent solution. Commissioner Woods stated Marbut's plan was predicated on all of the Cities coming together to help fund the shelter, that has not happened and is not going to happen. When she met with Deland City Manager and Mayor, that's the reason they are moving forward with their own small shelter with neighborhood centers because the other cities would not commit to a countywide plan. They are trying to get Orange City, Deltona and Debary to be a part of what they are trying to do and they don't know if that's going to happen. We can get the money to build the building but if you don't have the money to operate it, I refuse to put the full operation of this facility on the backs of the tax payers of this City. If we are going to open a shelter and be the only ones to fund it at $400,000 a year, you're looking at 50 to 75 beds and if that's all we want to do, then let's talk about doing it by ourselves. We are not going to build a 250 bed shelter and be able to fund it on what this City can afford to do. It is humane to keep operating for the 90 days, it's like every speaker that has come up here dismissed the information on the number of people that have benefited from the Bridge Bed Program at the Salvation Army. The City continues to do something about it and we cannot keep doing the temporary thing but the long-term solution has to be fundable and right now that's part of what has to happen in the next 90 days. The Commission on Homelessness is looking at it, the people I've been elected to represent do not want a facility in the core of the City of Daytona Beach. All the data in the world can be presented to us but the political decision we will have to make will be based on all that information as well. We have to be respectful of the people we represent and we all know that whatever we do has to have that 24 hour and come as you are component. In the meantime the Homeless Strategy Team continue to try to address the concerns of the ones on the street and in the Bridge Bed Program and medically needy; we are meeting again at the hospital with some of the problems we've seen with people coming out of care. The program has had an impact on crime, those statistics come from our own Police Department. She resents the fact that they are presented in this community as not doing enough for the homeless, there is more work 12

13 to be done and we are going got do it; acknowledge what the City and Agencies have done. James Chisholm, City Manager, expressed his agreement with Commissioner White, we can show this is data and everyday finances in the City. We have spent over $176,000 on the homeless out of Daytona Beach, some of that went directly to the Agency serving and some went to the City providing Case Management. I don't think anyone can say we are not doing our share in trying to find a solution, we approve the agreements now and in the next 90 days we will have analyzed the feasibility of moving forward to a long-term solution; when we make the decision to build something, we will have the facts to sustain it or not to do it. We can then tell you exactly where the City is going as it relates to this facility. We will go through with Instructional Transitional Plan, if we decide to go forward, how do we get to that point. Right now we are trying to get this gap covered to continue the program we started 90 days ago. Commissioner Woods stated we asked for additional data and Mr. Chisholm now has the information we asked for; where some of the people in the Bridge Bed Program came from and we have more concrete information that he will take to the cities because they did not come from Daytona Beach and we know that now. He has the numbers to go and try to work out agreements and get support from the eastside and ask them for money as we move forward to a permanent facility. Mayor Henry stated on behalf of all the group members here from FAITH Homeless Shelter and all who are concerned about the homeless, I do stand by this commission and our commitment is unwavering but this is not the kind of situation that is a simple fix. This facility will not have 250 beds because half of that will be shared with those on the other side of the County and it might begin to be sufficient for us. As for myself I understand that when you are an advocate for something and you believe in it, you are driven to push forward until it happens but when you are elected it must be right from a commissioner's perspective, so we cannot rush off and construct a building without a plan and believing it will work. However, I will remain committed to serving this population and very proud of the work Commissioner Woods has done as well as the work being done with the Bridge Bed Program because it is working and it is not a perfect solution but then again this won't be perfect solution either but I do encourage you to continue to put the pressure on and remind us of how important it is to you and it will remain important to this commission. Commissioner White expressed her gratitude for those who worked hard on the Bridge Bed Program, as well as, Commissioner Woods and The Salvation Army. She asked what are the hours of operation, when can one enter the facility, and when must they leave. Mr. Chisholm stated typically, the doors open at 8:30 a.m., when they are turned loose and I'm not sure on the time in the afternoon. Commissioner Woods asked Roberto, Salvation Army Facility employee, to come to the podium and explain the procedures. 13

14 Roberto V, III 100 Oakhill Circle, Daytona Beach, stated we open the doors at 4:00 p.m. and we ask them to leave by 7:30 a.m., however, on inclement weather days, we have staff that stays behind to leave the doors open for them to come in and stay. Commissioner White asked if there was a criteria to come in, and if they take anyone that the Police Department brings in. Mr. Chisholm stated there is an evaluation form, as there are certain levels of homelessness, and right now they take in the homeless that meet that criteria established by the program. However, that does not mean that everyone who is homeless has a bed, rather, those that qualify as being homeless, in certain categories, will have a place to stay. Commissioner Woods stated, if there is a bed needed by the police... Mr. Chisholm addressed her statement, if we have someone who has been under the influence of alcohol, then we do have the ability to move them to another facility instead of putting them into the population. Commissioner White stated right and if there is a serious condition or emergency but if a police officer brings someone to the facility they will have somewhere to stay or we pay for a hotel instead of taking them to jail. Mr. Chisholm stated that's correct. Commissioner Woods commented Pottinger compliant is where we want to remain. Commissioner White asked do they have to go through the screening criteria, if the police bring them. Mr. Chisholm stated they would still have to go through a criteria because that's a part of what we're trying to do. Commissioner White asked, they won't be denied a bed because of that criteria. Mr. Chisholm stated no and if they aren't admitted to that facility then we will put them in a hotel somewhere. Commissioner Trager asked, what would be the criteria that they aren't able to stay. Mr. Chisholm stated there are specific criteria and characteristics in what is a homeless person and what they go through in an analysis as part of the case management to determine if they are truly homeless. Commissioner Woods stated if the score is low then they don't qualify but those who score higher. 14

15 Michael Cornell, 212 Robinhood Drive, Deland Florida stated he treats the program as a housing program and not a shelter program and we use a criteria to choose who will get a bed, also as the coordinator and designer of the Veterans program we housed 211 people by using the same criteria. I do a VI-SPDAT (Vulnerability Index and Service Prioritization Decision Assistance Tool) and since Bridge Bed has been opened I've did a specific SPDAT assessments to get in 335 but 261 of the people have only been able to get in the program leaving a 74 person gap but of that during the scoring session if they scored a four or above they'll be eligible for that criteria and everything else is come as you are. In that number 335 only 26 of the individuals have actually scored less than the four leaving less than eight percent of the entire population because we are Salvation Army we try to connect with other resources. Commissioner Woods asked to score less than a four what kind of things do you have. Mr. Cornell stated scoring a four or below means is mainly no housing intervention is appropriate that means that person may not be homeless and just using the system. When looking at it as the housing program those are the type of people who would score a three, two or one but I still helped them and thankfully I didn't build a $4,000,000 shelter but then again using that same criteria that's why those people may not score high enough. Commissioner White asked does anybody still pay $10 a day to go to the Salvation Army. Mr. Cornell stated no. Commissioner White stated if I am being told I need to pay $10 a day, it's not true. Commissioner Gilliland stated he will support the motion tonight however there is an ordinance saying we are not going to do this and I am not going to support this again at the end of these 90 days. We have allowed an extension of social service against our policy, so either we change policies or make this the last iteration of the City providing those 90 beds. We were all hopeful that Safe Harbor was going to work but we can't spend 10 percent of our tax dollars from the City to fund the operation but maybe a similar program on a smaller scale that's an east Volusia consortium. We're the only City that committed to a six figure operational dollar contribution every year and I pray that you are going to every county council meeting because they pledge zero dollars, so we need partners to make this work and we've learned a lot in the last two years and I do believe that the program frame work is solid, reasonable and viable. Commissioner White stated there are other partners at the table as well that are not for profit but I do think we spend a long time getting to the place where we got the presentation for Safe Harbor in January but I think we have done things to move forward in that direction and I know other things are going on but I still feel committed to that frame work. In these next 90 days we need to decide as a commission, are we still continuing to support the project or something else because it's not fair to the homeless and the people who are working on this for us to not be clear on what we want to see move forward and it's hard for me to say yes because of the history behind all this but I feel that if we have a plan in the next 90 days there needs to be some sort of frame work. 15

16 Commissioner Henry stated I think we made a lot of progress in the last 90 days from where we were and where we are now and in my mindset I feel confident that we will make more progress in these next 90 days that we'll have something planned and can possibly move forward. I support it and Commissioner Woods you and your crew are doing a good job and if we don't do it I think we will lose momentum. Commissioner Gilliland stated his gratitude for Commissioner Woods being a part of this project, it has helped make more progress. Commissioner Woods stated it has been a team effort and before you vote, there is no way in 90 days a building will be built for people and we cannot do for the homeless after 90 days so we'll have to figure out a way to continue to provide service and shelter for the homeless until the building is built because there is no way to have a building up so quickly. Commissioner White stated I agree but we can't be there in 90 days or maybe we need to give them the next year plan and I know this is not long term but we need to set some goals quickly. Mayor Henry stated I understand what you're saying and I want to ask how we will get there because we do have to go someplace and we can't just say we believe in it. Mr. Chisholm stated we're advising the initial report to reflect the area that we think will be served which is East Volusia and the communities within it, we are targeting the point in time information to identify the number of participants and finalizing some of the characteristics to the structures to accommodate a smaller population and at the same time have the ability to expand if we had to go that way in the future but all indications state it will continue to contract if we get this thing moving in the right direction. My job now is to tie up the agreements with the cities and county so that we can finalize and it and come back to you and have not only the plan but also the cost associated with this operation, the concept and estimated operational costs all together so we can look at how we're going to divide up that cost package and who's going to play a part in making it work. That is the goal and 90 days is the time clock I'm working on. Commissioner Reed stated within those 90 days structure as you're talking to the cities and getting the commitment from them perhaps we can get the commitment on the temporary provisions that we're making for them to help offset this cost that we're experiencing until we have our facility built. Mayor Henry asked are they partnering with us on this what we're doing now. Commissioner Reed stated correct. Commissioner Woods stated they're coming from those places and we know they're being dropped off and I witnessed it. 16

17 It was moved by Commissioner Woods to adopt the Resolution. Seconded by Commissioner Gilliland. The Resolution was adopted 7-to-0 with the breakdown as follows: Commissioner Reed Commissioner Trager Commissioner Woods Commissioner White Commissioner Gilliland Commissioner Henry Mayor Henry E. Adopted/Resolution No approving an Agreement with Halifax urban Ministries ("HUM") to continue the City's provision of funding assistance for HUM's traveler's aid program. The program provides the homeless with transportation arrangements to return to their families and community. The previous agreement, which expired on April 11, 2016, provided funds in the approximate amount of $13,107. The new agreement would reimburse HUM's transportation costs incurred by HUM from April 12, 2016 through May 11, The City will pay HUM an amount equal to HUM's actual cost of purchasing bus tickets for homeless persons within Daytona Beach subject to a monthly cap of $5,000 for a 90 day period beginning May 12, City Clerk LaMagna read the Resolution by title only. A RESOLUTION APPROVING AN AGREEMENT WITH HALIFAX URBAN MINISTRIES, INC. ("HUM"), PROVIDING FOR CITY REIMBURSEMENT OF HUM'S CONTRACTED COSTS IN PROVIDING TRANSPORTATION ASSISTANCE TO HOMELESS PERSONS IN DAYTONA BEACH UNDER HUM'S TRAVELER'S AID PROGRAM, FOR A PERIOD COMMENCING ON APRIL 12, 2016, AND ENDING AUGUST 11, 2016, SUBJECT TO A MONTHLY LIMIT OF $5,000; AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. No Discussion. It was moved by Commissioner Woods to adopt the Resolution. Seconded by Commissioner White. The Resolution was adopted 7-to-0 with the breakdown as follows: Commissioner Reed Commissioner Trager Commissioner Woods Commissioner White Commissioner Gilliland Commissioner Henry Mayor Henry 17

18 10. COMMISSION COMMENTS Commissioner Reed stated she wanted to address the letter brought to her by Ms. Norma Bland which the Commission was already familiar with but no action has been taken by this body, so there is no agreement with Bethune-Cookman. It was requested by Dr. Jackson, but until we make a decision, there is no agreement. Many things had transpired in the last couple of weeks that she wanted to share with the Commission. She along with Mayor Henry joined the Blind Services this past weekend as they celebrated their seventy-fifth anniversary. One of the comments that were made was, "Daytona Beach provides the best services in the State", for individuals that are visually impaired. They were so proud and grateful for how we have modified our lighting and sound signals in order for them to cross the streets. This past Saturday she had the privilege of representing the City of Daytona Beach at the League of Women Voters Fashion Show. She also recognized United Way, especially in her Zone, with the free Tax preparation services they provided at three different locations. All the Commissioners had received letters in regards to supporting the upcoming 2016 Juneteenth events. She wanted to recommend the Commission having a discussion prior to the event and what we're going to do as a body. She said if the Commission was going to be partnering with the Juneteenth Committee, perhaps utilization of the parks and other things they ask the Commission for is what we need to do as a body. Because when you start looking at money and all the services we provide, she felt the services carried a greater weight compared to what their needs are. She stated they all should have received an from Campbell Middle School asking to rename their Media Center in honor of Vicki Pressley and gave background on her history. She has already purchased the five cases of bottled water with her picture on them and they are asking for help with the funding for the lettering above the Media Center. She asked if anyone had some funds remaining in their Bike Week account please consider Campbell Middle School Media Center. She welcomed the Interim President to Embry Riddle Aeronautical University, Ms. Karen Holbrook and stated she was being recognized tomorrow at Embry Riddle's Award Banquet for twenty years of service. She congratulated all of the College Graduates and hopes some of these graduating students will remain to help improve the quality of life in our City. Commissioner Trager stated Ortona Elementary School had their Earth Day Celebration with all the children, which included planting a tree. She was at the Grand Opening of Bethune-Cookman University's new dorm opening. The students should be well pleased with the new building. Fred Costello held a Town Hall meeting here in the City where there wasn't a lot of citizens in attendance. She was very pleased with the attendance at, "the last block that was placed on the building at Flomich Woods." She was a member on the Economic Development Advisory Board when the project first began. Even though it seemed like a full-circle, we indeed built a neighborhood and now those kids will have memories and we helped them in the process. The Torch Run across America stopped here at City Hall. City Island will be holding a Martial Arts demonstration on the 21St of this month, she was not quite sure of the date and Sun Rail was not going to Deland, due to lack of funds. 18

19 Commissioner Woods stated she wanted to ask a question that is related to Seabreeze after-hours, a work in progress. If she had to make a motion on this issue, she would, however, she wanted the next meeting to have the fees separate from the rules changes. She mentioned the separate rule changes, which Mr. Jagger supplied as backup, if the rules were violated. If these changes would have been in effect back in January, they would have already had some impact, as some of them have already been violated. She knew that the fees might be controversial, as they were going to change significantly. She did not want to confuse the issue with two items, therefore, at the next meeting, we do the changes that Mr. Jagger presented at the Workshop on Seabreeze, present those to the Commission, and let us vote on them. Put the new rules into place so that the Chief Chitwood can start enforcing them. This is a separate issue from the after-hours permits. Mayor Henry asked Commissioner Woods if she was suggesting that the fees were going to be an impediment to the Commission, or that we might not have the will to support the fees. Commissioner Woods responded to Mayor Henry, indicating the amounts are very high. She said when she spoke with Mr. Jagger, she did not want the fees to delay what needs to happen. She is requesting a quick response to this issue. Mayor Henry stated if this will help to do something, then he concurred with Commissioner Woods and was personally in favor of this. Mr. Chisholm stated, at the Commission's discretion, he could separate the item so the fees can be established by a resolution at a later time, in order to avoid coming back with another ordinance or amendment. Commissioner Woods agreed, and suggested it be brought to the next meeting. Mayor Henry stated he appreciated Commissioner Woods pushing the Commission to act on this. In every issue, in every neighborhood, there is afire and our job is to try to address every situation as if it is a fire in our own backyard. Commissioner Woods stated unfortunately, the fires in her neighborhood keep burning, so she will continue to bring them before the Commission. She wanted to make certain that Chief Chitwood has the tools he needs in order to have an impact. Commissioner White stated there are enough fires on the table, and she did not have anything else to add. Commissioner Gilliland stated he was not certain if the Chamber had given their Bike Week funds, he would like to make a $ donation to the Juneteenth Committee Banquet. He had a couple of people asking him about running for the Zone 5 Commission Seat, so he asked Letitia LaMagna, City Clerk, if she could read the State information regarding registration. 19

20 Letitia LaMagna, City Clerk stated this is an issue that may or may not only affect our City, but other cities, and the County as well. Ann McFall had made an inquiry to the Division of Elections at the Florida Department of State. She was asked if one of the Commissioners were to resign to run for another seat, what would be the procedure if the seat is not currently up for re-election. The Law states until it is open for election, based on a resignation, the candidates can pre-file for 2018; which is the next time this seat will be opened. Once the seat is open in 2016, the candidates will provide by written request, to change their candidacy to 2016; otherwise they would stay prequalified until That would include the responsibility of reporting, among other things. Commissioner Gilliland stated other things will include the petitions with signatures, the Treasurer's report, and collecting money by knocking on doors. He mentioned the Oasis Daytona Project, formally Minto, and the opportunity to have more economic development. The infrastructure improvements are what the investors look at, as a way for employees and consumers to get to and from their location. We need to find out the details of the nearby access roads off of LPGA Boulevard, and how they will get to Oasis Daytona. Mr. Chisholm stated that the access roads fit into the County plan that ties into State Road 40. Commissioner Gilliland stated that Stagecoach, in the long range transportation plan, is eventually planning that Hand Avenue will have an overpass, however, right now it would not connect to anywhere. This will help to provide needed funding which will ultimately tie in to the north side of Daytona Beach. Mr. Chisholm stated that they will extend the infrastructure necessary to continue with the utilities, for this area. Commissioner Gilliland stated that they finalized the salary contract agreement with Bob Jagger. He is hoping to have his contract on the next agenda. He stated that it is an appropriate package, which is fair to both Mr. Jagger, and the City. Commissioner Henry stated that he attended the Flomich Woods Build Out, which included twenty-four homes. This affordable housing community looks upscale, and shows that the City of Daytona Beach cares about its citizens. He attended the Stetson Water Summit where they discussed water issues in Volusia County. He stated that our springs and water ways are sick, and we need to focus our attention on a solution. We need to take care of or aquafers, as minerals, fertilizers, and septic tanks are leaking into them, and we might need some assistance from the State. He stated that the City should look into the deal that Dade County just passed in relation to Uber drivers and taxi cabs. In regard to the homeless arrests dropping from 150 to under 60, Commissioner Henry stated that this decrease saves the City money. He stated that the travelers program is a hidden gem, and he is willing to devote more money to the budget for this service. He stated that the marijuana ordinance is fair, and it will help out the individuals that got a possession charge in their teens, who had a difficult time getting a good job later in life. 20

21 Mayor Henry stated there is a lot of action going on in the City. He stated that he was at Bethune-Cookman where he spoke to a group of young people about the importance of voting. He was also at Embry-Riddle, along with Commissioner Reed, where he was the speaker at a leadership summit where the theme was "your favorite superhero." Mayor Henry stated that he is excited for WaWa to come to Daytona Beach. There are many areas in our community that are in need, and this will go a long way in helping to encourage other investors to get excited about the Ridgewood corridor. Also, the City is fortunate to welcome B. Braun Medical to the area. The Governor came to town to help welcome this announcement. Volunteers in Medicine has opened its doors, they are committed to helping working class men and women who do not have medical insurance, to receive medical care. They are located on the campus of Bethune-Cookman Campus. The Mayor's Fitness Challenge continues to be a success. He encouraged all to walk the International Speedway Boulevard overpass, it is esthetically beautiful to see the scenery, commerce and energy of our City. Mayor Henry stated that our community has great public and private educational institutions. He is proud of the 75th anniversary of the Division of Blind Services. Our community caters to the visually impaired with our bus systems, streets, and traffic signals. The director of that school complimented the City of Daytona Beach, and stated that we should be a model for all other cities throughout the state. We need to strive to be even better. He further stated that he wanted to thank the FAITH group, as well as, everyone who is looking after their particular interests. He encouraged us to see the big picture, and to recognize that all of the parts will come together to make the great whole, that we aspire to be. Commissioner Reed asked to add the Good Will Job Center to the next agenda, and make a presentation. She stated that their largest constituents are the homeless, and they can address job availability and the services that they provide. Mayor Henry toured One Daytona, and stated that it is going to be unbelievable, and will open by October or November. Bass Pro Shops will be open by January, and we are ready to have the over 2 million tourists come and enjoy the City, and spend money. On May 20th to the 22 d, Mar Y Sol, a Puerto Rican Heritage Celebration, is coming to the City, which will bring in over five thousand visitors. 21