City of Daytona Beach Shores Life is Better Here A Premier, Friendly Place to Be

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1 City of Daytona Beach Shores Life is Better Here A Premier, Friendly Place to Be AGENDA CITY COUNCIL MEETING February 26, :00 p.m., Shores Community Center, 3000 Bellemead Drive Daytona Beach Shores, FL Upon being recognized, a member of the public shall proceed to the podium and give his or her name and address and may, thereafter, speak for a maximum of three minutes on any matter relevant to a specific agenda item. During Audience Comments, a member of the public may speak on any matter relevant to City business which is not on the agenda, for a maximum of three minutes in accordance with Section 2-1.1(d) and 2-2 of the City Code. In accordance with Section 2-2, during periods set aside for public discussion any person desiring to speak shall secure a form located at the agenda table, complete the form and present it to the City Clerk so the speaker can be recognized by the presiding officer. The use of profanity, obscene language, threats or any violent or abusive conduct by any person shall constitute a violation of this section. It shall be the duty of the Director of Public Safety, upon the order of the presiding officer at any such meeting, to forcibly, if necessary, evict any person violating the provisions of this section from the Council Meeting Hall. Any such violation shall subject the offender, upon conviction thereof, to a fine and/or imprisonment as prescribed by Section 1-8. CALL TO ORDER BY MAYOR ROLL CALL BY CITY CLERK CEREMONIAL MATTERS: PRAYER PLEDGE OF ALLEGIANCE 1. CEREMONIAL ITEMS, PRESENTATIONS AND PUBLIC NOTICES: Employee Service Awards BUSINESS OF THE CITY COUNCIL: ORDER OF BUSINESS 2. APPROVAL OF THE MINUTES: City Council Meeting February 12, CONSENT AGENDA: Monthly Department Reports Monthly Financial Reports 4. REPORTS OF THE CITY ATTORNEY: City Council 2/26/ P age

2 5. REPORTS OF THE CITY MANAGER: OLD BUSINESS: 6. Ordinance AN ORDINANCE OF THE CITY OF DAYTONA BEACH SHORES, FLORIDA REPEALING SECTIONS THROUGH SECTION 17-14; OF THE CODE OF ORDINANCES OF THE CITY OF DAYTONA BEACH SHORES; PROVIDING FOR A SAVINGS PROVISION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION, DIRECTIONS TO THE CODE CODIFIER AS WELL AS THE CORRECTION OF SCRIVENER'S ERRORS AND PROVIDING FOR AN EFFECTIVE DATE. Second Reading and Public Hearing. NEW BUSINESS: 7. Resolution A RESOLUTION SUPPORTING THE DESIGNATION OF THE HALIFAX HERITAGE BYWAY INCLUDING PORTIONS OF STATE ROAD A1A FROM THE NORTH CITY LIMIT TO DUNLAWTON AVENUE IN THE CITY OF DAYTONA BEACH SHORES AS A FLORIDA SCENIC HIGHWAY; SUPPORTING THE CORRIDOR MANAGEMENT PLAN (CMP); AUTHORIZING TRANSMITTAL; AND SETTING FORTH AN EFFECTIVE DATE. First Reading and Public Hearing. 8. QUASI-JUDICIAL/PUBLIC HEARING RSP Site Plan for Daytona Beach Drive-In Christian Church Fellowship Hall 9. QUASI-JUDICIAL/PUBLIC HEARING SPEX Special Exception Pirates Cove Resort Overflow Parking Lot 10. Consideration of proposed dog park 11. Resolution A RESOLUTION OF THE CITY OF DAYTONA BEACH SHORES, VOLUSIA COUNTY, FLORIDA, AMENDING THE CITY'S GENERAL FUND BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2018 AND ENDING SEPTEMBER 30, 2019 RELATING TO THE FUNDING OF A DOG PARK; PROVIDING FOR IMPLEMENTING ADMINISTRATIVE ACTIONS; PROVIDING FOR A SAVINGS PROVISION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. First Reading and Public Hearing. 12. COUNCIL COMMENTS: 13. AUDIENCE REMARKS/PUBLIC COMMENTS: 14. ITEMS RECOMMENDED FOR THE NEXT AGENDA: 15. ADJOURNMENT: City Council 2/26/ P age

3 Notice is hereby given to all interested parties that if a person should decide to appeal any decision made at the aforementioned meeting of the City Council, such person will need a recording of the proceedings conducted at such meeting, and for such purpose he or she may need to ensure that a verbatim record of the proceedings was made; such record to include testimony and evidence upon which any appeal shall be based. Please be advised that all City Council Meetings are recorded. Note: Individuals covered by the Americans with Disabilities Act of 1990 in need of accommodations for this public meeting should contact the Office of the City Clerk at 2990 S. Atlantic Avenue, Daytona Beach Shores, FL 32118, or telephone at least seven working days prior to the meeting. City Council 2/26/ P age

4 PRESENTATIONS AND PUBLIC NOTICES: Employee Service Awards Officer Brian Brueggemann 30 years Steve Edmunds 15 years

5 MINUTES CITY COUNCIL MEETING February 12, Bellemead Drive Daytona Beach Shores, FL Present: Mayor Nancy Miller, Vice Mayor Richard Bryan, Council Member Richard Frizalone, CouncilMember Mel Lindauer and CouncilMember Michael Politis. Staff: City Manager Michael T. Booker, City Clerk Cheri Schwab, City Attorney Lonnie Groot, Community Services Director Fred Hiatt, Finance Director Kurt Swartzlander, and Public Safety Captain Michael Fowler. 1. CEREMONIAL ITEMS, PRESENTATIONS AND PUBLIC NOTICES: None. 2. APPROVAL OF THE MINUTES: City Council Board Interviews January 22, 2019 City Council Meeting January 22, 2019 CMBR LINDAUER moved, seconded by CMBR FRIZALONE to approve both sets of minutes from January 22, Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: CouncilMember Mel Lindauer, CouncilMember Michael Politis, CouncilMember Richard Frizalone, Mayor Nancy Miller, Vice Mayor Richard Bryan. 3. CONSENT AGENDA: Correction to previous Contraband request CMBR BRYAN moved, seconded by CMBR POLITIS to approve the consent agenda. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: CouncilMember Mel Lindauer, CouncilMember Michael Politis, CouncilMember Richard Frizalone, Mayor Nancy Miller, Vice Mayor Richard Bryan. 4. REPORTS OF THE CITY ATTORNEY: Attorney Groot reported that he had been working on the amendments for the charter and the code. He would like to set a date for a training workshop to include the advisory boards and the council. 5. REPORTS OF THE CITY MANAGER: Mr. Booker briefly discussed the veterans park area. The original idea of a water feature is being revisited. CMBR Lindauer stated that he would be satisfied with having flags from the different branches of service. OLD BUSINESS: City Council 2/12/ P age

6 6. Ordinance AN ORDINANCE OF THE CITY OF DAYTONA BEACH SHORES, FLORIDA ENACTING A STATUTORY DEVELOPMENT AGREEMENT RELATING TO THE PROPERTY OWNED BY DAYTONA BEACH DRIVE-IN CHRISTIAN CHURCH, INC. AND GENERALLY LOCATED AT 3140 SOUTH ATLANTIC AVENUE IN ACCORDANCE WITH THE PROVISIONS OF THE FLORIDA LOCAL GOVERNMENT DEVELOPMENT AGREEMENT ACT AS SET FORTH AT SECTIONS , FLORIDA STATUTES; PROVIDING FOR A SAVINGS PROVISION; PROVIDING FOR NON-CODIFICATION AND IMPLEMENTATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. Second Reading & Public Hearing. CMBR LINDAUER moved, seconded by CMBR POLITIS to adopt Ordinance on second reading. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: CouncilMember Mel Lindauer, CouncilMember Michael Politis, CouncilMember Richard Frizalone, Mayor Nancy Miller, Vice Mayor Richard Bryan. NEW BUSINESS: 7. Ordinance AN ORDINANCE OF THE CITY OF DAYTONA BEACH SHORES, FLORIDA REPEALING SECTIONS THROUGH SECTION 17-14; OF THE CODE OF ORDINANCES OF THE CITY OF DAYTONA BEACH SHORES; PROVIDING FOR A SAVINGS PROVISION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION, DIRECTIONS TO THE CODE CODIFIER AS WELL AS THE CORRECTION OF SCRIVENER'S ERRORS AND PROVIDING FOR AN EFFECTIVE DATE. First Reading. Attorney Groot explained to the council that having a Civil Service Board is in conflict between the City Charter and the Code of Ordinance with a council/manager form of government. CMBR BRYAN moved, seconded by CMBR LINDAUER to approve Ordinance on first reading. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: CouncilMember Mel Lindauer, CouncilMember Michael Politis, CouncilMember Richard Frizalone, Mayor Nancy Miller, Vice Mayor Richard Bryan. 8. Approval of Awards for Continuing Engineering Contracts Director Hiatt explained the selection criteria used for ranking the firms. The contracts would be for five years and they will meet the current needs of the city. CMBR POLITIS moved, seconded by CMBR BRYAN to approve the awards for continuing engineering contracts. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: CouncilMember Mel Lindauer, CouncilMember Michael Politis, CouncilMember Richard Frizalone, Mayor Nancy Miller, Vice Mayor Richard Bryan. City Council 2/12/ P age

7 9. Consideration to participate in the multidistrict opioid litigation Attorney Groot provided a brief background on opioid drugs and their addictive nature. It is believed that the pharmaceutical companies knew the drugs would behave that way. Many lawsuits have been filed nationwide on this issue and billions of dollars are at stake. The federal court has taken the court cases and gave them to one federal judge in Cincinnati Ohio. The judge is working with three liaisons. He noted that the Florida Attorney General is getting involved at the state level. If the city decides to not participate, then it can t get any money from the potential settlement. There is a local firm who employs one of the liaisons and is willing to allow the city to join the lawsuit on a contingency basis. CMBR Bryan had many questions from the amount of money the victims would receive to the qualifications of the firm. He also inquired about other options the city may have. CMBR Politis felt the firm in question was very highly rated and would enter the lawsuit with no hesitation. The risk for the city was extremely low and the city can remove itself at any time. CMBR POLITIS moved, seconded by CMBR FRIZALONE to hire the firm recommended by the City Attorney. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: CouncilMember Mel Lindauer, CouncilMember Michael Politis, CouncilMember Richard Frizalone, Mayor Nancy Miller, Vice Mayor Richard Bryan. 10. Consideration of savings provisions in ordinances Audience member Rosana Scacia spoke on behalf of the People s Voice PAC. It was their understanding that the savings clause would approve all past actions of the city and somehow pertained to building height. They believed that was not in good practice and would like to see the clause eliminated or modified. Attorney Groot explained that the savings clause is a routine item that is included in ordinances and other documents regularly. It has benefits to the city and shared some examples from other municipalities. After corresponding with CMBR Bryan on the subject, he read a modification that CMBR Bryan agreed on; "If a council member votes for this Ordinance, that action shall not be construed to mean that he or she approves or disapproves of any or all past actions of the City. The purpose of this provision is to cure potential past actions that may have technical defects but were not wrong intrinsically. He reiterated that the modification was not his recommendation. Attorney Groot also noted that if CMBR Bryan s reluctance to include the savings clause had to do with building height, this would not help. Mayor Miller asked CMBR Politis for his opinion and he replied that he would rely on Attorney Groot s expertise. A savings clause needed to be included to protect the city. The remaining councilmembers also agreed with his statement. CMBR POLITIS moved, seconded by CMBR FRIZALONE to continue using the original savings clause language provided by the City Attorney. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: CouncilMember Mel Lindauer, CouncilMember Michael Politis, CouncilMember Richard Frizalone, Mayor Nancy Miller, Vice Mayor Richard Bryan. City Council 2/12/ P age

8 11. COUNCIL COMMENTS: Mayor Miller reminded the audience of her Coffee with the Mayor tomorrow and the Community Visioning session in the afternoon. CMBR Bryan stated that there were still openings on some advisory boards. CMBR Politis felt that there was still criticism regarding the building height limit and he is willing to listen to residents. CMBR Frizalone asked the City Manager to obtain pricing for a sixth tennis court explaining that the existing courts are filled. CMBR Lindauer added that the pickleball courts are also filled to the max and would like to have more courts added. 12. AUDIENCE REMARKS/PUBLIC COMMENTS: Harry Jennings invited everyone to the 6 th Annual Day of the Duels car show on Thursday at the Drive-In Church. Julien Moussalli would like to have another tennis court added. He also stated that South Peninsula Drive had many potholes and needed to be repaired. Honey Burget asked the council to consider another location for the Veteran s Memorial Park. She suggested adding it to the existing Court of Flags for better exposure. 13. ITEMS RECOMMENDED FOR THE NEXT AGENDA: None. 14. ADJOURNMENT: The meeting ended at 8:32 pm. MAYOR NANCY MILLER CITY MANAGER MICHAEL T. BOOKER ATTEST: CITY CLERK, CHERI SCHWAB City Council 2/12/ P age

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50 City Council Agenda Memorandum February 12, 2019 Agenda To: Prepared by: Submitted by: Subject: Honorable Mayor and Members of the City Council Cheri Schwab, City Clerk Michael T. Booker, City Manager Ordinance Relating To Civil Service Board Procedure: (1). Mayor Call Up Item. (2). City Attorney Read Title. (3). City Staff/Attorney Background. (4). Mayor Opens For Public Participation. (5). Mayor Calls For City Council Action. (6). City Council Discussion. (7). City Council Vote. Synopsis: This is a request for the City Council to consider, on first reading, an ordinance that would repeal the City Code provisions relating to the Civil Service Board. Fiscal Impact Statement: The elimination in unnecessary board and board functions which conflict with provisions of the City Charter or City Code will reduce City costs and potential costly confusion as to the roles and functions of City government. Background: Section 1.01 of the City Charter of the City of Daytona Beach Shores (City Charter) provides for the form of government for the City of Daytona Beach Shores and states, in pertinent part, as follows: We, the people of Daytona Beach Shores, do ordain and establish this amendment to the charter of the City of Daytona Beach Shores, Florida, in 1 P age

51 order to avail ourselves of all municipal home rule powers consistent with the Constitution and Laws of Florida. It is the intent of this amendment to adopt the Council/Manager form of government by assigning all legislative and policymaking authority to the City Council and all administrative authority to the City Manager, except as specifically provided by this charter... Further, Section 3.01 of the City Charter provides for the establishment of the office of City Manager and states as follows: There shall be a City Manager who shall be the chief administrative officer of the City. The Manager shall be responsible to the City Council for the administration of all affairs of the City. And, Section 3.08 of the City Charter provides for City department heads to serve under City Manager and states as follows: Department heads shall be appointed or removed by the City Manager. Removal of a department head, however, shall be for just cause, and after the department head has been provided with both notice and an opportunity to be heard with respect to the grounds for removal. Removal of a department head hereunder shall be subject to review by the circuit court, upon appeal by the affected department head, for the purpose of determining whether or not substantial, competent evidence existed for the removal. The City Council by ordinance shall set the procedures for appointments, promotions, and removal of department heads, which procedures shall govern. Even more comprehensively, Section 3.05 of the City Charter provides for the form of government for the City of Daytona Beach Shores and states, in pertinent part, as follows: The City Manager shall have the power and shall be required to:... Appoint all officers and employees of the city and, when necessary for the good of the City, remove all officers and employees of the City, except as otherwise provided by this Charter and the rules and regulations promulgated by the personnel ordinance adopted pursuant to this Charter which may permit the Manager to delegate to an administrative officer the exercise of these powers with respect to subordinates in that officer's administrative unit.... The City Attorney has reviewed the provisions of Sections through of the Code of Ordinances of the City of Daytona Beach Shores (City Code) and has concluded that they are not consistent with the provisions of the City Charter and, indeed, the Council/Manager form of municipal government as adopted by the City Charter and has recommended that the provisions of the City Code be repealed. The provisions of proposed Ordinance Number would implement that recommendation with which City staff concurs. The Council/Manager form of local government is, of course, the system that combines the strong political leadership of elected officials (the City Council), with the strong managerial experience of an appointed local 2 P age

52 government administrator (the City Manager). In any event, the Civil Service Board has not met since The proposed Ordinance would continue to provide for a system of administrative due process for City employees, but in accordance with the Council/Manager form of local government as prescribed in the City Charter. The City Attorney and City staff are continuing to review provisions of the City Charter and the City Code in order to bring further recommendations to the City Council for appropriate revisions and modifications to ensure consistency between the City Code and the City Charter as well as internal consistencies within those legal documents. Legal Review: The City Attorney has evaluated this matter as set forth above and has reviewed and approved this agenda item and drafted the proposed Ordinance Number Recommendation: City staff recommends that the City Commission approve Ordinance Number pertaining to the Civil Service Board on first reading with the proposed Ordinance being scheduled for a public hearing and enactment at a subsequent City Council meeting. Suggested Motion: I move to approve Ordinance Number on first reading. Attachment: Ordinance Number P age

53 ORDINANCE AN ORDINANCE OF THE CITY OF DAYTONA BEACH SHORES, FLORIDA REPEALING SECTIONS THROUGH SECTION 17-14; OF THE CODE OF ORDINANCES OF THE CITY OF DAYTONA BEACH SHORES; PROVIDING FOR A SAVINGS PROVISION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION, DIRECTIONS TO THE CODE CODIFIER AS WELL AS THE CORRECTION OF SCRIVENER'S ERRORS AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 1.01 of the City Charter of the City of Daytona Beach Shores provides for the form of government for the City of Daytona Beach Shores and states, in pertinent part, as follows: ; and We, the people of Daytona Beach Shores, do ordain and establish this amendment to the charter of the City of Daytona Beach Shores, Florida, in order to avail ourselves of all municipal home rule powers consistent with the Constitution and Laws of Florida. It is the intent of this amendment to adopt the Council/Manager form of government by assigning all legislative and policymaking authority to the City Council and all administrative authority to the City Manager, except as specifically provided by this charter... WHEREAS, Section 3.01 of the City Charter of the City of Daytona Beach Shores provides for the establishment of the office of City Manager and states as follows: There shall be a City Manager who shall be the chief administrative officer of the City. The Manager shall be responsible to the City Council for the administration of all affairs of the City. ; and WHEREAS, Section 3.08 of the City Charter of the City of Daytona Beach Shores provides for City department heads to serve under City Manager and states as follows: Department heads shall be appointed or removed by the City Manager. Removal of a department head, however, shall be for just cause, and after the department head has been provided with both notice and an opportunity 1

54 to be heard with respect to the grounds for removal. Removal of a department head hereunder shall be subject to review by the circuit court, upon appeal by the affected department head, for the purpose of determining whether or not substantial, competent evidence existed for the removal. The City Council by ordinance shall set the procedures for appointments, promotions, and removal of department heads, which procedures shall govern. ; and WHEREAS, Section 3.05 of the City Charter of the City of Daytona Beach Shores provides for the form of government for the City of Daytona Beach Shores and states, in pertinent part, as follows: ; and The City Manager shall have the power and shall be required to:... Appoint all officers and employees of the city and, when necessary for the good of the City, remove all officers and employees of the City, except as otherwise provided by this Charter and the rules and regulations promulgated by the personnel ordinance adopted pursuant to this Charter which may permit the Manager to delegate to an administrative officer the exercise of these powers with respect to subordinates in that officer's administrative unit.... WHEREAS, this Ordinance is enacted pursuant to the home rule powers of the City of Daytona Beach Shores as set forth at Article VIII, Section 2, of the Constitution of the State of Florida; Chapter 166, Florida Statutes, and other applicable controlling law. NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF DAYTONA BEACH SHORES, FLORIDA THAT: SECTION ONE: LEGISLATIVE AND ADMINISTRATIVE FINDINGS AND INTENT. New provisions of the Code of Ordinances of the City of Daytona Beach Shores, Florida are enacted to read as follows: (a). The City Council of the City of Daytona Beach Shores hereby adopts and incorporates into this Ordinance the recitals (whereas clauses) set forth herein as the legislative 2

55 and administrative findings and intent of the City Council. (b). The City of Daytona Beach Shores has complied with all requirements and procedures of Florida law in processing and advertising this Ordinance. SECTION TWO. CODE. REPEAL OF SECTIONS THROUGH OF THE CITY Sections through of the Code of Ordinances of the City of Daytona Beach Shores are hereby repealed. SECTION THREE: SAVINGS; EFFECT OF ORDINANCE. The prior actions of the City of Daytona Beach Shores in terms of the matters relating to personnel management and employee relations and any and all actions of the City of Daytona Beach Shores pertaining thereto, as well as any and all related matters and processes and procedures of the City of an associated nature, are hereby ratified and affirmed. SECTION FOUR: ADMINISTRATIVE CODE ADOPTION; PERSONNEL ACTIONS. A new Section of the Code of Ordinances of the City of Daytona Beach Shores is added to read as follows: The City Attorney, in conjunction with the City Manager, shall draft and present to the City Council administrative processes and procedures relative to providing employees with such due process rights as may be required under the City Charter, with regard to procedures for appointments, promotions, and removal of department heads, or other controlling law with regard to all other employees of the City. To the extent necessary, this provision shall be the implementation of Section 3.05 of the City Charter by the City Council. 3

56 SECTION FIVE: CODIFICATION; SCRIVENER'S ERRORS. (a). The provisions of this Ordinance Section Four of this Ordinance shall be codified and all other sections shall not be codified; provided, however, that the Code codifier shall take all actions necessary to implement the provisions of this Ordinance. (b). The sections, divisions and provisions of this Ordinance may be renumbered or relettered as deemed appropriate by the Code codifier. (c). Typographical errors and other matters of a similar nature that do not affect the intent of this Ordinance, as determined by the City Clerk and City Attorney, may be corrected with the endorsement of the City Manager, or designee, without the need for a public hearing. SECTION SIX: CONFLICTS. All ordinances or parts thereof in conflict with this Ordinance are hereby repealed to the extent of such conflict. It is the intent of the City Council to further ensure that the Council/Manager form of government is implemented by taken future legislative action to that end. SECTION SEVEN: SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance, or application hereof, is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion or application shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. 4

57 SECTION EIGHT: EFFECTIVE DATE. This Ordinance shall take effect immediately upon enactment. CITY OF DAYTONA BEACH SHORES, FLORIDA NANCY J. MILLER, MAYOR MICHAEL T. BOOKER, CITY MANAGER CHERI SCHWAB, CITY CLERK Approved as to form and legality: LONNIE GROOT, CITY ATTORNEY Passed on first reading this day of, Adopted on second reading this day of,

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60 RESOLUTION A RESOLUTION SUPPORTING THE DESIGNATION OF THE HALIFAX HERITAGE BYWAY INCLUDING PORTIONS OF STATE ROAD A1A FROM THE NORTH CITY LIMIT TO DUNLAWTON AVENUE IN THE CITY OF DAYTONA BEACH SHORES AS A FLORIDA SCENIC HIGHWAY; SUPPORTING THE CORRIDOR MANAGEMENT PLAN (CMP); AUTHORIZING TRANSMITTAL; AND SETTING FORTH AN EFFECTIVE DATE. WHEREAS, a corridor management entity (CME), known as the Halifax Heritage Byway CME has been formed for the purpose of advocating for designation and implementation of the proposed Halifax Heritage Byway, as provided for in Section , Florida Statues and 23 U.S.C. Section 162, as a Florida Scenic Highway, and WHEREAS, the proposed Halifax Heritage Byway s project limits traverse a 35 mile corridor in eastern Volusia County comprised of a state and local roadway network that connects the surrounding communities. The following City of Daytona Beach Shores roadway segments are included in the corridor: SR A1A from the north city limit to Dunlawton Avenue, and WHEREAS, the purpose of the scenic highway designation is to protect, enhance, preserve and maintain the intrinsic resources of the designated corridor, while utilizing these resources for appropriate economic development, recreation, and tourism, and WHEREAS, it is believed significant benefits of additional economic development, recreational amenities, resource conservation, aesthetic enhancement and public education can result from the scenic highway designation, and WHEREAS, the City of Daytona Beach Shores agrees to consider required Corridor Management Plan elements that are relevant to the sections of the byway, which are located within the city limits of the City that will facilitate the implementation of the goals, objectives and strategies for the Halifax Heritage Byway, into the City s Comprehensive Plan, and WHEREAS, the designation as a Florida Scenic Highway does not impose regulatory authority, state or federal restrictions on land use along the byway by virtue of the designation; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DAYTONA BEACH SHORES, FLORIDA, THAT: SECTION ONE. The City Council of the City of Daytona Beach Shores supports Res Page 1

61 the designation of SR A1A from Dunlawton Avenue to the northern boundary of the city limit as a Florida Scenic Highway. SECTION TWO. All resolutions or parts of Resolutions in conflict herewith are hereby repealed. SECTION THREE. Certified copies of this Resolution shall be transmitted to the DeLand District office of the Florida Department of Transportation and the River to the Sea Transportation Planning Organization. SECTION FOUR. This Resolution shall take effect immediately upon its adoption. THE CITY OF DAYTONA BEACH SHORES By: Mayor Nancy Miller ATTEST: By: By: City Manager, Michael T. Booker City Clerk, Cheri Schwab APPROVED AS TO FORM AND LEGALITY: By: City Attorney, Lonnie Groot Passed and adopted upon first reading this day of, 2019 Posted this day of, Res Page 2

62 City Council Agenda Memorandum February 26, 2019 Agenda To: Prepared by: Submitted by: Subject: Honorable Mayor and Members of the City Council Michael T. Booker, City Manager Resolution supporting Halifax Heritage Byway Procedure: (1). Mayor Call Up Item. (2). City Attorney Read Title. (3). City Staff/Attorney Background. (4). Mayor Opens For Public Participation. (5). Mayor Calls For City Council Action. (6). City Council Discussion. (7). City Council Vote. Synopsis: This is a request for the City Council to consider, on first reading, a resolution supporting the Halifax Heritage Byway Fiscal Impact Statement: None. Background: Daytona Beach Shores is joining with its sister eastern coastal cities to support the Halifax Heritage Byway efforts to preserve and protect our coastal corridor. Legal Review: The City Attorney has reviewed and approved this agenda item. Recommendation: City staff recommends that the City Council approve Resolution Number Suggested Motion: 1 P age

63 I move to approve Resolution Number on first reading. Attachment: Resolution Number P age

64 City Council Agenda Memorandum February 26, 2019 Agenda To: From: CC: Subject: Michael T. Booker, City Manager Stewart Cruz, City Planner Fred Hiatt, Director/Building Official RSP , Site Plan For The Proposed Daytona Beach Drive-In Christian Church Fellowship Hall This is a quasi-judicial matter and, as such, requires Disclosure of all ex-parte communications, investigations, site visits and expert opinions regarding this matter. Synopsis: RSP , if approved, would permit the construction of a new one-story 6,470 square feet fellowship hall/office building at the Daytona Beach Drive-In Christian Church located at 3140 S. Atlantic Avenue. Fiscal Impact Statement: The Fiscal Year 2018/2019 budget has sufficient funds to implement all administrative and technical functions associated with the approval, permitting and inspection obligations of the City associated with the proposed development. The impact of fees collected from the construction and operation of the new fellowship hall is de minimis. In addition, no new revenue from ad valorem taxes will be generated as religious organizations are exempt under the Internal Revenue Code section 501(c)(3). Background: On December 10, 2018 the Daytona Beach Drive-In Christian Church, Inc. whose officers are Anthony Butrym, Larry Nichols, Mike Witmer, Dawn Butrym and William Sutter, submitted site plan application RSP for the construction of a new fellowship hall complex building on the church property located at 3140 S. Atlantic Avenue. The new building will contain administrative offices, a chapel, a kitchen and a fellowship hall. The existing fellowship hall will be demolished and replaced with grassed parking. On December 6, 2018 the church also submitted Development Agreement application DA , which was subsequently approved by the City Council on February 12, The agreement deviated from certain site plan requirements related to paved parking and landscaping which would allow the redevelopment of the drive-in church site in a way that maintains its historical and natural character. The agreement also obligates the Church to provide the following public benefits: (1) staging drive-in movie nights as part of the City s culture and entertainment program; and (2) construction of commemorative signage on site recognizing the historical value of drive-in theater sites in 1 P age

65 Florida. If approved, RSP would permit the redevelopment of the site as described above. Planning analysis: All Land Development Code standards and requirements are met. See attached City Planner Staff Report. Legal Analysis Lonnie Groot, Esq., City Attorney: The City Attorney has reviewed and has no legal objection to this staff report. The City Attorney has reviewed the staff report and has noted the following: Section , Florida Statutes, provides as follows (please note emphasized text): "(1) When reviewing an application for a development permit that is certified by a professional listed in s , a municipality may not request additional information from the applicant more than three times, unless the applicant waives the limitation in writing. Before a third request for additional information, the applicant must be offered a meeting to attempt to resolve outstanding issues. Except as provided in subsection (4), if the applicant believes the request for additional information is not authorized by ordinance, rule, statute, or other legal authority, the municipality, at the applicant s request, shall proceed to process the application for approval or denial. (2) When a municipality denies an application for a development permit, the municipality shall give written notice to the applicant. The notice must include a citation to the applicable portions of an ordinance, rule, statute, or other legal authority for the denial of the permit. (3) As used in this section, the term development permit has the same meaning as in s , but does not include building permits. (4) For any development permit application filed with the municipality after July 1, 2012, a municipality may not require as a condition of processing or issuing a development permit that an applicant obtain a permit or approval from any state or federal agency unless the agency has issued a final agency action that denies the federal or state permit before the municipal action on the local development permit. (5) Issuance of a development permit by a municipality does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the municipality for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. A municipality shall attach such a disclaimer to the issuance of development permits and shall include a permit condition that all other applicable state or federal permits be obtained before commencement of the development. 2 P age

66 (6) This section does not prohibit a municipality from providing information to an applicant regarding what other state or federal permits may apply." The above-referenced definition of the term development permit is as follows: "(16) 'Development permit' includes any building permit, zoning permit, subdivision approval, rezoning, certification, special exception, variance, or any other official action of local government having the effect of permitting the development of land." (Section (16), Florida Statutes). Thus, if this application is denied, a denial development order must be issued which must cite to the applicable portions of each ordinance, rule, statute, or other legal authority supporting the denial of the application. For example, if a goal, objective or policy of the City s Comprehensive Plan were to be the basis for a denial, then such goal, objective or policy must be part of the motion proposing the denial. A denial development order would be drafted to implement the actions of the City Council in the event of such occurrence. Accordingly, any motion to deny must state, with particularity, the basis for the proposed denial. The term development order is defined as follows and, as can be seen, refers to the granting, denying, or granting with conditions [of] an application (15) Development order means any order granting, denying, or granting with conditions an application for a development permit. (Section (15), Florida Statutes). Recommendation: Approval of RSP as presented. Suggested Motion: A City Council member may move as follows: I move to approve RSP as presented. Attachments: 1. City Planner Staff Report. 2. Daytona Beach Drive-In Christian Church Fellowship Hall Proposed Site Plan. 3 P age

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92 City Council Agenda Memorandum February 26, 2019 Agenda To: From: CC: Subject: Michael T. Booker, City Manager Stewart Cruz, City Planner Fred Hiatt, Director/Building Official SPEX , Special Exception Application For The Proposed Pirates Cove Resort Overflow Parking Lot This is a quasi-judicial matter and, as such, requires Disclosure of all ex-parte communications, investigations, site visits and expert opinions regarding this matter. Synopsis: SPEX , if approved, would entitle the Pirates Cove Resort to utilize the property located at Cardinal Boulevard for overflow parking. The overflow parking lot would be used by guests and staff of the resort, which is located at 3501 S. Atlantic Avenue and a 3 minute walk from the parking lot. The parking lot would contain 22 parking spaces of which 11 would be used as tandem parking for larger vehicles and bike trailers brought in by guests of the resort. Adequate landscaping and screening are proposed. Fiscal Impact Statement: The Fiscal Year 2018/2019 budget has sufficient funds to implement all administrative and technical functions associated with the approval, permitting and inspection obligations of the City associated with the proposed development. The impact of fees collected from the construction and operation of the overflow parking lot is de minimis. According to the 2019 property tax roll, the subject property has a total assessed value of $98,055. The total City revenue portion of the 2018 tax bill for the property was $ It is the applicant s intent to develop the property into an overflow parking lot which should minimally increase the overall assessed value of the property. Background: The subject application was submitted to the City on January 2, 2019 by engineer Mark S. Dowst of Mark Dowst & Associates, Inc., on behalf of the Pirates Cove (Volusia County) Condominium Association Inc. whose officers are Richard Merlino and Keith Seraggo. The applicant is seeking approval of a special exception to permit overflow parking for the Pirates Cove Resort at the property located at Cardinal Boulevard. Pirates Cove Resort is located at 3501 S. Atlantic Avenue and the overflow parking lot would be used to alleviate the onsite parking deficiency at the resort property during high use seasons. Parking as a principal use is not permitted by right in the GC-2 District, which is 1 P age

93 the zoning designation the subject special exception property. However, Section F of the Daytona Beach Shores Land Development Code (LDC) permits parking as a principal use in the GC-2 District but only by means of a special exception if certain LDC standards are met, hence the subject application. If approved, SPEX would facilitate the redevelopment of the site as described above. Planning analysis: All LDC standards and requirements are met. See attached City Planner Staff Report. Legal Analysis Lonnie Groot, Esq., City Attorney: The City Attorney has reviewed and has no legal objection to this staff report. The City Attorney has reviewed the staff report and has noted the following: Section , Florida Statutes, provides as follows (please note emphasized text): "(1) When reviewing an application for a development permit that is certified by a professional listed in s , a municipality may not request additional information from the applicant more than three times, unless the applicant waives the limitation in writing. Before a third request for additional information, the applicant must be offered a meeting to attempt to resolve outstanding issues. Except as provided in subsection (4), if the applicant believes the request for additional information is not authorized by ordinance, rule, statute, or other legal authority, the municipality, at the applicant s request, shall proceed to process the application for approval or denial. (2) When a municipality denies an application for a development permit, the municipality shall give written notice to the applicant. The notice must include a citation to the applicable portions of an ordinance, rule, statute, or other legal authority for the denial of the permit. (3) As used in this section, the term development permit has the same meaning as in s , but does not include building permits. (4) For any development permit application filed with the municipality after July 1, 2012, a municipality may not require as a condition of processing or issuing a development permit that an applicant obtain a permit or approval from any state or federal agency unless the agency has issued a final agency action that denies the federal or state permit before the municipal action on the local development permit. (5) Issuance of a development permit by a municipality does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the municipality for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. A municipality shall attach such a disclaimer to the issuance of development 2 P age

94 permits and shall include a permit condition that all other applicable state or federal permits be obtained before commencement of the development. (6) This section does not prohibit a municipality from providing information to an applicant regarding what other state or federal permits may apply." The above-referenced definition of the term development permit is as follows: "(16) 'Development permit' includes any building permit, zoning permit, subdivision approval, rezoning, certification, special exception, variance, or any other official action of local government having the effect of permitting the development of land." (Section (16), Florida Statutes). Thus, if this application is denied, a denial development order must be issued which must cite to the applicable portions of each ordinance, rule, statute, or other legal authority supporting the denial of the application. For example, if a goal, objective or policy of the City s Comprehensive Plan were to be the basis for a denial, then such goal, objective or policy must be part of the motion proposing the denial. A denial development order would be drafted to implement the actions of the City Council in the event of such occurrence. Accordingly, any motion to deny must state, with particularity, the basis for the proposed denial. The term development order is defined as follows and, as can be seen, refers to the granting, denying, or granting with conditions [of] an application (15) Development order means any order granting, denying, or granting with conditions an application for a development permit. (Section (15), Florida Statutes). Recommendation: Approval of SPEX as presented. Suggested Motion: A City Council member may move as follows: 1. I move to approve SPEX as presented. 2. I move to approve SPEX with the following conditions 3. I move to deny the application on the basis of the following.... Attachments: 1. City Planner Staff Report. 2. Pirates Cove Resort Overflow Parking Lot Proposed Site Plan. 3 P age

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105 Dog Park Budget for the City Council Initial Construction Costs Description Qty Each Total Land Survey 1 $ 1, $ 1, Wooden pathway From Parking Lot to the Park entrance 1 $ 2, $ 2, Water Lines 2 $ $ 1, Water Stations Fountain 2 $ 2, $ 4, Plants 1 $ 1, $ 1, Concrete Pads and Sidewalks 1 $ 3, $ 3, Fencing 1 $ 20, $ 20, Trash cans Made inhouse 3 $ $ Benches 4 $ $ 3, Electric Service and fixtures for lighting 1 $ 6, $ 6, Signage 1 $ $ Poo bag stations $ $ $ 1, Camera and Coverage 1 $ 2, $ 2, $ 47, Yearly Maintenance Budget Items Description Qty Each Total Flea and tick 1 $ 1, $ 1, Replacement Bags and Other Misc. 1 $ 1, $ 1, Mulch 1 $ 2, $ 2, Electricity 12 $ $ First year startup cost plus 1st year annual mainetnance costs: $ 4, $ 52,704.00

106 Comments Survey of the Park land to authenticate boundaries. ADA complinat brindge to get from Parking lot to the Parks. All the plumbing needed to run water and drains for 2 fountains. Qty 1 station for each of the 2 parks. All the plants needed for the North and South fence Hedges. This includes Qty 2 15'x15' entrance ways and the 2 sidewalks, plus the 5'x30' outside entrance plus the fill and tamping to level the area for all. 4' Fence for Small Dog Park and 6' Fencing for Large dog park. Black PVC Covered. Trash cans made in house. Qty 4 Benches for throughout the 2 parks. Qty 9 Lights throughout the 2 parks, plus trenching, wiring, and electricsal panel. Rules and Park Hours. Qty of 4 Poo Bag Stations throughout Parks. City IT Provided. Spraying Every Month Enough to do the entire Park 2 times a year Enough to do the entire Park 2 times a year Annual budget Comments

107 City Council Agenda Memorandum February 26, 2019 Agenda To: From: Subject: Michael T. Booker, City Manager Fred Hiatt, Community Service Director Kurt Swartzlander, Finance Director Consideration of New Dog Park Synopsis: Consideration of new dog park within the City s existing McElroy Park. If approved, the dog park area would be constructed on the western portion of the site, under the oak tree canopy. Fiscal Impact Statement: If the City Council wishes to fund the construction of a dog park during the current budget year, the city will need to adopt a resolution amending the annual budget to properly fund the construction project. Based on the current budget estimates an appropriation of contingency funds in the amount of $53,000 will be required. Please see attached Resolution and Exhibit A to amend the budget. Background: Over the years, many citizens of Daytona Beach Shores have expressed interest in a dog park. Due to primarily location complaints, these projects never got off the ground. Recently, following the 2018 local elections, our Mayor was approached by local residents expressing renewed interest in a dog park. Mr. Van Alder and Ms. Lee Kimball volunteered to investigate the feasibility of a new park. After identifying five (5) proposed sites, the western end of McElroy park was chosen as the best location. Staff, the Mayor, Mr. Alder and Ms. Kimball worked collaboratively together assembling information regarding the pros and cons of dog parks. Multiple existing parks nearby were visited to obtain information that would help in the overall design of the park. After consulting with the City s insurance carrier, no additional liability insurance will be needed for the dog park. Much of the work to construct the park will be done with inhouse Public Works crews. The fencing will be contracted out. 1 P age

108 Legal Analysis Lonnie Groot, Esq., City Attorney: The City Attorney has reviewed and has no legal objection to this staff report. Recommendation: Approval of a budget amendment to fund the construction of the new dog park. Suggested Motion: I move to approve Resolution amending the City s FY 2018/2019 budget by authorizing an amount, not to exceed $53,000 for the construction of a new dog park within McElroy Park. Attachments: -(2) Renderings of proposed park -Excel Spreadsheet of Estimated Costs -Draft Dog Park Rules -Budget Amendment Resolution. 2 P age

109 DOG RULES Dogs must be leashed while entering and exiting this park. Aggressive dogs are not permitted on premises. Aggressive dogs must be leashed and removed immediately without debate. All dogs must in view and under voice control at all times while in this dog park. All dogs must have current vaccinations. For the safety of your dog, choke, prong (pinch) and spike collars are strictly prohibited. Small dog area is for dogs 20 pounds or less and large dog area is for dogs 21 pounds or more. HUMAN RULES Use at Your Own Risk Owners/Handlers are legally responsible for the actions and behavior of their dog(s) at all times and any injuries they may cause. The City of Daytona Beach Shores is not responsible for any injuries or damages caused by any dog inside this dog park. Dog waste must be cleaned by the owner IMMEDIATELY! Dog waste bags are available at the entrance and within the park areas. It s the law.dbs ORD Owners must fill any holes their dog(s) dig. Owners must remain inside the dog park and supervise their dog(s) at all times with leash in hand. No one under the age of 12 is allowed in this dog park. Anyone between the ages of 12 and 16 must be strictly supervised by an adult. Smaller separate signs PLEASE KEEP GATE CLOSED (4) PARK CLOSED FIRST MONDAY OF THE MONTH FOR SPRAYING (1) HOURS OF OPERATION 7AM 7PM (2)

110 55' 6' 15' 15' 110' 15' 122' 15' Small Size - Doggie Park for Large and Small Dogs! Square Footage (Approximate) is: Small Dog Area = 7425 SF Large Dog Area = 11,838 SF Legend Benches Water Fountain - Fire Hydrant Garbage Can - Lights -