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 July 24, :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: Budget Workshop July 9, 2018 and City Council Meeting July 10, CONSENT AGENDA: Monthly Departmental Reports Monthly Financial Reports Approval of 4 th Amendment to Fire Suppression Services Agreement Approval of Non-Exclusive Franchise Application for ACET Recycling City Council 7/24/ P age

2 4. REPORTS OF THE CITY ATTORNEY: 5. REPORTS OF THE CITY MANAGER: OLD BUSINESS: None. NEW BUSINESS: 6. Resolution A RESOLUTION OF THE CITY OF DAYTONA BEACH SHORES, VOLUSIA COUNTY, FLORIDA IN SUPPORT OF THE PLANNING PROCESS FOR THE DEVELOPMENT OF THE REVISED VOLUSIA COUNTY AND MUNICIPAL FLOODPLAIN MANAGEMENT PLAN ; PROVIDING A SAVINGS PROVISION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. First Reading and Public Hearing. 7. Discussion on plans for Senior Center 8. COUNCIL COMMENTS: 9. AUDIENCE REMARKS/PUBLIC COMMENTS: 10. ITEMS RECOMMENDED FOR THE NEXT AGENDA: 11. ADJOURNMENT: 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 7/24/ P age

3 PRESENTATIONS AND PUBLIC NOTICES: Employee Service Awards

4 CITY COUNCIL BUDGET WORKSHOP MINUTES July 9, Bellemead Drive Daytona Beach Shores, FL Present: CouncilMember Mel Lindauer, CouncilMember Richard Bryan, Mayor Harry Jennings, Vice Mayor Peggy Rice, and Council Member Lorraine Geiger. Staff: City Manager Michael Booker, City Clerk Cheri Schwab, Finance Director Kurt Swartzlander, Community Services Director Fred Hiatt, Senior Center Director Roni Jackson, and Public Safety Director Stephan Dembinsky. Mayor Jennings called the workshop to order at 10:00 am. Finance Director Kurt Swartzlander showed a brief PowerPoint presentation to the council. It explained the TRIM process and reviewed important calendar dates for this year. He is proposing the millage rate at 5.23 (our current rate) while the rollback rate is This would be considered a tax increase since it is over the rollback rate. The overall increase in the budget is due to an increase in healthcare costs. He noted that he is also preparing for an increase in homestead exemption which is on the November ballot and would not affect us for another year. After reviewing the budget page by page, the following adjustments were made: Culture & Entertainment Board was increased to $24,000 Pedestrian crosswalks were added $100,000 ADJOURNMENT: The workshop ended at 11:09 am. MAYOR HARRY H. JENNINGS CITY MANAGER MICHAEL T. BOOKER ATTEST: CITY CLERK, CHERI SCHWAB City Council workshop 7/09/18 1 P age

5 MINUTES CITY COUNCIL MEETING July 10, Bellemead Drive Daytona Beach Shores, FL Present: CouncilMember Mel Lindauer, CouncilMember Richard Bryan, Mayor Harry Jennings, Vice Mayor Peggy Rice, and Council Member Lorraine Geiger. Staff: City Manager Michael Booker, City Clerk Cheri Schwab, City Attorney Lonnie Groot, Finance Director Kurt Swartzlander, Community Services Director Fred Hiatt, and Public Safety Director Stephan Dembinsky. 1. CEREMONIAL ITEMS, PRESENTATIONS AND PUBLIC NOTICES: None. 2. APPROVAL OF THE MINUTES: June 26, 2018 While no official correction was made on page 2, CMBR Bryan felt it was a misunderstanding concerning which mediation meeting was being referenced between Mayor Jennings and himself. CMBR GEIGER moved, seconded by CMBR LINDAUER to approve the minutes of June 26, Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Council Member Lorraine Geiger, CouncilMember Mel Lindauer, CouncilMember Richard Bryan, Mayor Harry Jennings, Vice Mayor Peggy Rice. 3. CONSENT AGENDA: Approval for cost increase to Master Station Bypass Pump CMBR LINDAUER moved, seconded by CMBR BRYAN to approve the consent agenda. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Council Member Lorraine Geiger, CouncilMember Mel Lindauer, CouncilMember Richard Bryan, Mayor Harry Jennings, Vice Mayor Peggy Rice. 4. REPORTS OF THE CITY ATTORNEY: None. 5. REPORTS OF THE CITY MANAGER: The City Manager thanked Finance Director Kurt Swartzlander and all the Department Heads for working together on the recent budget. He announced that the beach walkover ramp had to be closed at Tuscany Shores until further notice. Additional repairs are required and cannot be done until permission is granted by the City Council 7/10/ P age

6 State and County. Public Safety Director Dembinsky introduced Assistant State Attorney Ryan Will who is running for Circuit Judge. OLD BUSINESS: None. NEW BUSINESS: 6. Resolution A RESOLUTION OF THE CITY OF DAYTONA BEACH SHORES, VOLUSIA COUNTY, FLORIDA, SETTING THE PROPOSED MILLAGE RATES FOR THE CITY FOR FISCAL YEAR ; PROVIDING AN EFFECTIVE DATE. First Reading and Public Hearing. CMBR GEIGER moved, seconded by CMBR BRYAN to adopt Resolution on first reading. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Council Member Lorraine Geiger, CouncilMember Mel Lindauer, CouncilMember Richard Bryan, Mayor Harry Jennings, Vice Mayor Peggy Rice. 7. Resolution relating to implementation of Section 2.04(c) of the City Charter City Attorney Groot read the title of Resolution for the record. CMBR Bryan read from a prepared statement that is attached to the minutes. Mayor Jennings invited the audience members to speak. Attorney Doug Daniels stated that he represented CMBR Bryan. He related that he had spoken with his fellow county councilmembers and they didn t believe that Bryan was there to represent the city. He presented a definition of malfeasance and neglect of duty advising that it was his opinion that Bryan s actions were just inappropriate behavior. The s that were sent were unfortunate and that Bryan was upset at the time. Attorney Daniels believed that Bryan had done nothing wrong against Chapter 164 the Conflict Resolution Process. He asked the Council to look for other alternatives to express their displeasure. Nancy Miller, Bill Phinney and Rosana Scaccia all spoke in support of CMBR Bryan. They felt that he had done nothing wrong and was just expressing his opinions. CMBR Rice stated that she wanted to move forward with the investigative process as it was more than just the county issue. Since CMBR Bryan has attended three IEMO classes in the past, he should be aware of going out on his own without authority. CMBR Bryan responded that he had spent a lot of time and money the past week on this issue. He asked the council to stop the process. CMBR Lindauer informed CMBR Bryan that he should welcome the process to clear things up. City Attorney Groot reminded the council that the vote tonight would only find probable cause to initiate an investigation. CMBR RICE moved, seconded by CMBR GEIGER to adopt Resolution on first reading. Vote: Motion carried by unanimous roll call vote (summary: Yes = 4, No =1). Yes: Council Member Lorraine Geiger, CouncilMember Mel Lindauer, Mayor Harry Jennings, Vice Mayor Peggy Rice. No: CouncilMember Richard Bryan. City Council 7/10/ P age

7 8. Discussion on plans for Senior Center It was explained that the budget included $500,000 for repairs and renovations. Some are structural, and some are cosmetic. CMBR Rice would like details on the renovations and program details. It was decided to include this item on the next agenda and ask Senior Center Director Roni Jackson to attend. 9. COUNCIL COMMENTS: CMBR Geiger reminded the audience of the upcoming Shriners parade on July 17 th, and the Mayor is the Grand Marshal. It begins at 7:00 pm from Sunsplash Park to the Ocean Center. CMBR Bryan thanked everyone in the audience who came out to support him. 10. AUDIENCE REMARKS/PUBLIC COMMENTS: None. 11. ITEMS RECOMMENDED FOR THE NEXT AGENDA: 12. ADJOURNMENT: The meeting ended at 7.38 pm. MAYOR HARRY H. JENNINGS CITY MANAGER MICHAEL T. BOOKER ATTEST: CITY CLERK, CHERI SCHWAB City Council 7/10/ P age

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53 FOURTH AMENDMENT TO AGREEMENT BETWEEN THE CITY OF DAYTONA BEACH SHORES AND THE COUNTY OF VOLUSIA REGARDING THE PROVISION OF FIRE SUPPRESSION SERVICES TO A CERTAIN SERVICE AREA This Fourth Amendment to Agreement Between the City of Daytona Beach Shores and the County of Volusia Regarding the Provision of Fire Suppression Services to a Certain Service Area ( Fourth Amendment, ) is made and entered into by and between the COUNTY OF VOLUSIA, FLORIDA, a body corporate and politic and a political subdivision of the State of Florida, with its business address at 123 W. Indiana Ave., DeLand, Florida (hereinafter referred to as Volusia County ), and the CITY OF DAYTONA BEACH SHORES, a municipal corporation under the laws of the State of Florida with administrative offices located at 2990 South Atlantic Ave., Daytona Beach Shores, Florida (hereinafter referred to as Daytona Beach Shores ), pursuant to Chapters 125 and 163 of the Florida Statutes (2017). This Fourth Amendment is the fourth amendment to the Agreement Between the City of Daytona Beach Shores and the County of Volusia Regarding the Provision of Fire Suppression Services to a Certain Service Area ( the Agreement ). RECITALS: WHEREAS, on May 2, 2013, the County entered into the Agreement with Daytona Beach Shores retroactive to October 1, 2012, for fire suppression services with an expiration date of September 30, 2013 ( Agreement ); and WHEREAS, the parties executed a first amendment to the Agreement which extended the agreement term from October 1, 2013, to September 30, 2015; and WHEREAS, the parties executed a second amendment to the Agreement, which amendment extended the agreement term from October 1, 2015, to September 30, 2016; and WHEREAS, the parties hereby agree to amend the Agreement through this Third Amendment to extend the contract term from September 30, 2016, to September 30, WHEREAS, the parties hereby agree to amend the Agreement through this Fourth Amendment to extend the contract term from September 30, 2018, to September 30, NOW THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by reference, and other specific consideration set forth in this Fourth Amendment, the receipt and sufficiency of which is acknowledged by County and Daytona Beach Shores, the parties agree and stipulate as follows: Fourth Amendment to the Agreement Between City of Daytona Beach Shores and County Of Volusia Regarding the Provision of Fire Suppression Services to a Certain Service Area Page 1 of 2

54 1. The foregoing recitals are true, correct and material to this Fourth Amendment and the Agreement. 2. ARTICLE 10 TERM OF AGREEMENT at Section 10.1 is hereby amended to read as follows: 10.1 This Agreement shall remain in full force and effect through September 30, 2020 (inclusive), unless this Agreement is otherwise extended or terminated in accordance with the terms hereof. 3. This Fourth Amendment is incorporated by reference into the Agreement as if fully set forth therein. Except as provided above, all other terms and conditions of the Agreement shall remain unchanged and in full force and effect and are hereby ratified and reaffirmed by the parties hereto. In the event of any conflict or inconsistency between the provisions set forth in this Fourth Amendment and the Agreement, this Fourth Amendment shall govern and control. IN WITNESS WHEREOF, the parties hereto have caused this Fourth Amendment to the Agreement between the City of Daytona Beach Shores and the County of Volusia Regarding the Provision of Fire Suppression Services to a Certain Service Area to be executed by their duly authorized officers on the dates set forth below. ATTEST: By: Name: James T. Dinneen Title: County Manager Dated: ATTEST: By: Name: Michael T. Booker Title: City Manager Dated: COUNTY OF VOLUSIA By: Name: Ed Kelley Title: County Chair Dated: CITY OF DAYTONA BEACH SHORES By: Name: Harry Jennings Title: Mayor Dated: Approved as to Form and Correctness: City Attorney Fourth Amendment to the Agreement Between City of Daytona Beach Shores and County Of Volusia Regarding the Provision of Fire Suppression Services to a Certain Service Area Page 2 of 2

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60 City of Daytona Beach Shores Community Services Department 2990 South Atlantic Avenue Daytona Beach Shores, FL Telephone (386) TO: FROM: CC: SUBJECT: Michael T. Booker City Manager Stewart Cruz City Planner Fred Hiatt Director/Building Official Resolution , supporting the process to develop the Revised Volusia County and Municipality Floodplain Management Plan DATE: July 16, 2018 A. SUMMARY In an effort to reduce the potential for personal/property losses in flood-prone areas and ensure the lowest possible flood insurance premiums for residents, the County of Volusia has again contracted with the East Central Florida Regional Planning Council (ECFRPC) to update the countywide Floodplain Management Plan (FMP) in alignment with the Community Rating System (CRS) Guidelines. The CRS grades the various community floodplain management programs and reduces flood insurance premiums in those communities that meet certain requirements, such as those having a FMP, including the City of Daytona Beach Shores. As part of the revision process, all Volusia County municipalities are being asked by the ECFRPC to pass a resolution supporting FMP planning and development process. The draft FMP, which is available on file in the City Clerk s office, was last updated in 2013 and is expected to be completed in July B. STAFF RECOMMENDATION Staff recommends approval of Resolution

61 RESOLUTION NO A RESOLUTION OF THE CITY OF DAYTONA BEACH SHORES, VOLUSIA COUNTY, FLORIDA IN SUPPORT OF THE PLANNING PROCESS FOR THE DEVELOPMENT OF THE REVISED VOLUSIA COUNTY AND MUNICIPAL FLOODPLAIN MANAGEMENT PLAN ; PROVIDING A SAVINGS PROVISION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Article VIII, Section 2, Constitution of the State of Florida, authorizes the City of Daytona Beach Shores to exercise any power for municipal purposes except as otherwise provided by law; and WHEREAS, coastal and riverine flooding are significant threats to the safety of residents of Volusia County and its municipalities; and WHEREAS, the National Flood Insurance Program (NFIP) provides federally supported flood insurance in communities that regulate development in floodplains; and WHEREAS, the Community Rating System (CRS) grades the various community floodplain management programs and reduces flood insurance premiums in those communities that meet certain requirements; and WHEREAS, in an effort to reduce the potential for personal/property losses in floodprone areas and ensure the lowest possible flood insurance premiums for residents, the County of Volusia has contracted with the East Central Florida Regional Planning Council (ECFRPC) to draft the revised Floodplain Management Plan (FMP) in alignment with the CRS Guidelines; and WHEREAS, the ECFRPC is also required to integrate the FMP into the Local Mitigation Strategy; and WHEREAS, the FMP will be revised in July NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF DAYTONA BEACH SHORES, FLORIDA, AS FOLLOWS: SECTION ONE. FINDING. The City Council of the City of Daytona Beach Shores hereby considers the Floodplain Management Plan to be of the utmost importance to the City of Daytona Beach Shores and supports the Floodplain Management Plan Planning Process. SECTION TWO. SAVINGS. The prior actions of the City of Daytona Beach Shores relating to floodplain management are hereby ratified and affirmed. SECTION THREE: CONFLICTS. All resolutions or parts thereof in conflict with this Res Page 1 of 2

62 Resolution are hereby repealed to the extent of such conflict. SECTION FOUR. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this Resolution, 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. SECTION FIVE. EFFECTIVE DATE. its adoption. This Resolution shall take effect immediately upon CITY OF DAYTONA BEACH SHORES, FLORIDA By: Mayor, Harry Jennings ATTEST: By: Michael T. Booker, City Manager Cheri Schwab, City Clerk APPROVED AS TO FORM AND LEGALITY: By: Lonnie Groot, City Attorney Passed and adopted on first reading this day of, Posted this day of, Res Page 2 of 2

63 Discussion on plans for the Senior Center

64 Council comments

65 Audience remarks

66 Items for the next agenda