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 September 25, :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. Resolution A RESOLUTION OF THE CITY OF DAYTONA BEACH SHORES, VOLUSIA COUNTY, FLORIDA, ADOPTING THE FINAL LEVYING OF AD VALOREM TAXES FOR THE CITY OF DAYTONA BEACH SHORES, VOLUSIA COUNTY FOR THE FISCAL YEAR ; AND PROVIDING FOR AN EFFECTIVE DATE. First Reading and Public Hearing. 2. Resolution A RESOLUTION OF THE CITY OF DAYTONA BEACH SHORES, VOLUSIA COUNTY, FLORIDA, ADOPTING THE FINAL BUDGET FOR FISCAL YEAR ; AND PROVIDING FOR AN EFFECTIVE DATE. First Reading and Public Hearing. 3. CEREMONIAL ITEMS, PRESENTATIONS AND PUBLIC NOTICES: Presentation of Finance Award Officer Gray presentation Motors Operator Training City Council 9/25/ P age

2 BUSINESS OF THE CITY COUNCIL: ORDER OF BUSINESS 4. APPROVAL OF THE MINUTES: City Council Meeting September 10, CONSENT AGENDA: Monthly Departmental Reports Monthly Financial Reports Board Appointment Culture & Entertainment: Denise Horion Approval to spend $250 from Contraband for donation to Autism Society 6. REPORTS OF THE CITY ATTORNEY: 7. REPORTS OF THE CITY MANAGER: Cancellation of October 9 th City Council Meeting OLD BUSINESS: NEW BUSINESS: 8. Resolution A RESOLUTION OF THE CITY OF DAYTONA BEACH SHORES, VOLUSIA COUNTY, FLORIDA RELATING TO THE 2018 VOLUSIA COUNTY FLOODPLAIN MANAGEMENT PLAN; PROVIDING A SAVINGS PROVISION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. First Reading and Pubic Hearing. 9. COUNCIL COMMENTS: 10. AUDIENCE REMARKS/PUBLIC COMMENTS: 11. ITEMS RECOMMENDED FOR THE NEXT AGENDA: 12. 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 9/25/ P age

3 RESOLUTION A RESOLUTION OF THE CITY OF DAYTONA BEACH SHORES, VOLUSIA COUNTY, FLORIDA, ADOPTING THE FINAL LEVYING OF AD VALOREM TAXES FOR THE CITY OF DAYTONA BEACH SHORES, VOLUSIA COUNTY FOR THE FISCAL YEAR ; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, The City of Daytona Beach Shores of Volusia County, Florida, on September 25, 2018, adopted a Fiscal year final millage rate following a public hearing as required by Florida Statute ; and WHEREAS, the City of Daytona Beach Shores of Volusia County Florida, held a public hearing as required by Florida Statute ; and WHEREAS, the gross taxable value for operating purposes not exempt from taxation within Volusia County has been certified by the County Property Appraiser to the City of Daytona Beach Shores as $1,593,282,337. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DAYTONA BEACH SHORES, FLORIDA AS FOLLOWS: SECTION 1 OPERATING MILLAGE. The FY operating millage is mills, which is greater than the rolled-back rate of mills by 3.87% mills. SECTION 2 DEBT SERVICE MILLAGE. The voted debt service millage is

4 SECTION 3. EFFECTIVE DATE. This Resolution shall take effect immediately upon adoption by the City Council. DULY ADOPTED at a public hearing this 25 th Day of September, 2018 Time Adopted PM CITY OF DAYTONA BEACH SHORES, FL MAYOR, HARRY JENNINGS Attest: CITY MANAGER MICHAEL T. BOOKER CITY CLERK CHERI SCHWAB Approved as to form and legality: CITY ATTORNEY, LONNIE GROOT Passed and adopted on first reading this 25 th day of September Posted this 25th day of September 2018

5 RESOLUTION A RESOLUTION OF THE CITY OF DAYTONA BEACH SHORES, VOLUSIA COUNTY, FLORIDA, ADOPTING THE FINAL BUDGET FOR FISCAL YEAR ; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Daytona Beach Shores of Volusia County Florida, on September 25 th, 2018, held a public hearing as required by Florida Statute ; and WHEREAS, the City of Daytona Beach Shores of Volusia County Florida, set forth the appropriations and revenue estimate for the Budget for Fiscal Year in the amount of $20,243,100. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DAYTONA BEACH SHORES, VOLUSIA COUNTY, FLORIDA THAT: SECTION 1 FINAL BUDGET ADOPTION. The Fiscal Year Tentative budget be adopted. SECTION 2 EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. DULY ADOPTED at a public hearing this 25 th Day of September 2018 Time Adopted PM

6 CITY OF DAYTONA BEACH SHORES, FL MAYOR HARRY JENNINGS Attest: CITY MANAGER MICHAEL T. BOOKER CITY CLERK CHERI SCHWAB Approved as to form and legality: CITY ATTORNEY, LONNIE GROOT Passed and adopted on first reading this 25 th day of September Posted this 25th day of September 2018

7 PRESENTATIONS AND PUBLIC NOTICES: Presentation of Finance Award to Lory Irwin Officer Gray presentation Motors Operator Training

8 MINUTES CITY COUNCIL MEETING September 10, Bellemead Drive Daytona Beach Shores, FL Present: Council Member Lorraine Geiger, CouncilMember Mel Lindauer, CouncilMember Richard Bryan, Mayor Harry Jennings, Vice Mayor Peggy Rice. Staff: City Manager Michael Booker, City Clerk Cheri Schwab, City Attorney Lonnie Groot, Community Services Director Fred Hiatt, and Public Safety Director Stephan Dembinsky. Due to audio recording issues, the meeting began at 7:19 pm. 1. Resolution A RESOLUTION OF THE CITY OF DAYTONA BEACH SHORES, VOLUSIA COUNTY, FLORIDA, ADOPTING THE TENTATIVE LEVYING OF AD VALOREM TAXES FOR THE CITY OF DAYTONA BEACH SHORES, VOLUSIA COUNTY FOR THE FISCAL YEAR ; AND PROVIDING FOR AN EFFECTIVE DATE. First Reading and Public Hearing. The City Attorney read Resolution in its entirety for the record. CMBR LINDAUER moved, seconded by CMBR GEIGER 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. 2. Resolution A RESOLUTION OF THE CITY OF DAYTONA BEACH SHORES, VOLUSIA COUNTY, FLORIDA, ADOPTING THE TENTATIVE BUDGET FOR FISCAL YEAR ; AND PROVIDING FOR AN EFFECTIVE DATE. First Reading and Public Hearing. The City Attorney read Resolution in its entirety for the record. Audience member Honey Burget inquired last year s budget amount and the total was provided to her. CMBR GEIGER moved, seconded by CMBR LINDAUER 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. 3. CEREMONIAL ITEMS, PRESENTATIONS AND PUBLIC NOTICES: Employee Service Award City Council 9/10/ P age

9 Director Dembinsky presented LT. Karen Howard with a 20-year service award. 4. APPROVAL OF THE MINUTES: City Council Meeting July 10, 2018 City Council Meeting July 24, 2018 City Council Meeting August 14, 2018 CMBR RICE moved, seconded by CMBR LINDAUER to accept the minutes of July 10, 2018, as previously presented and approved. There was a short discussion regarding the addendums provided by CMBR Bryan for the minutes. It was explained that this motion would not include the addendum. Vote: Motion passed (summary: Yes = 4, No = 1). Yes: Council Member Lorraine Geiger, CouncilMember Mel Lindauer, Mayor Harry Jennings, Vice Mayor Peggy Rice. No: CouncilMember Richard Bryan. CMBR RICE moved, seconded by CMB GEIGER to approve the minutes of July 24, 2018, minus the addendum from CMBR Bryan. Vote: Motion passed (summary: Yes = 4, No = 1). Yes: Council Member Lorraine Geiger, CouncilMember Mel Lindauer, Mayor Harry Jennings, Vice Mayor Peggy Rice. No: CouncilMember Richard Bryan. CMBR LINDAUER moved, seconded by CMBR RICE to approve the minutes of August 14, 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. 5. CONSENT AGENDA: None. 6. REPORTS OF THE CITY ATTORNEY: City Attorney Lonnie Groot announced that the recent litigation with the County of Volusia had been resolved and all the cases were dismissed. He will be speaking with each councilmember individually regarding a recent ethics case. He informed the council that he would be reviewing the Charter as it relates to the Code of Ordinances. There are some instances where the two do not match and that can be problematic. 7. REPORTS OF THE CITY MANAGER: City Manager Booker informed the audience that the city would keep an eye on Hurricane Isaac. Of the three storms in the Atlantic, that is the one which could impact the city. City Council 9/10/ P age

10 OLD BUSINESS: 8. Amended Resolution A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DAYTONA BEACH SHORES, FLORIDA PROVIDING FOR CITY COUNCIL POLICIES RELATING TO PUBLIC INPUT, PUBLIC MEETINGS AND PUBLIC HEARINGS INCLUDING, BUT NOT LIMITED TO, DECORUM AT MEETINGS AND RELATED MATTERS AND PROCEDURES; PROVIDING FOR LEGISLATIVE AND ADMINISTRATIVE FINDINGS; 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. The City Attorney explained the two provisions added to the resolution. The first regulates any electioneering or campaigning activities during a council meeting. The second provision regarded minutes and the ability of a councilmember to request that a statement be added to the record. CMBR RICE moved, seconded by CMBR GEIGER to adopt Amended 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. NEW BUSINESS: 9. Resolution A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DAYTONA BEACH SHORES, FLORIDA, HONORING FIFTY YEARS OF MUNICIPAL HOME RULE IN THE FLORIDA CONSTITUTION AND COMMITTING TO AN EDUCATIONAL INITIATIVE TO HELP FLORIDIANS UNDERSTAND THIS BENEFICIAL RIGHT. First Reading and Public Hearing. CMBR LINDAUER moved, seconded by CBMR GEIGER 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. 10. Resolution A RESOLUTION OF THE CITY OF DAYTONA BEACH SHORES, VOLUSIA COUNTY, FLORIDA, PROVIDING FOR AN INCREASE IN THE COMPENSATION TO THE MAYOR AND CITY COUNCIL, AND SETTING AN EFFECTIVE DATE. First Reading and Public Hearing. City Council 9/10/ P age

11 This item was pulled at the beginning of the meeting by Mayor Jennings. 11. Resolution A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DAYTONA BEACH SHORES, FLORIDA EXPRESSING ITS APPRECIATION TO THE BANK OF AMERICA FOR RETAINING ITS PRESENCE IN THE CITY OF DAYTONA BEACH SHORES AND THE PROVISION OF SERVICES TO THE CITIZENS OF THE CITY AND PROVIDING FOR AN EFFECTIVE DATE. First Reading and Public Hearing. CMBR Lindauer thanked the Mayor, the City Manager and the residents who worked to make this happen. The branch is very convenient for many uses. Audience member Russell Fry spoke. He explained that he is visually impaired, and it would have been difficult to travel. He thanked the Mayor for his efforts. Rosana Scaccia also thanked the Mayor for his efforts. She added that the People s Voice PAC also sent out an to help keep the branch open. CMBR GEIGER moved, seconded by CMBR RICE 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. 12. Approval for non-conforming sign grant for Fantasy Island Resort CMBR LINDAUER moved, seconded by CMBR BRYAN to approve the non-conforming sign grant for Fantasy Island Resort. 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. 13. Consideration to suspend recycling services City Manager Booker recommended that the council suspend recycling service. He stated that the cost would increase, and that recycling is not marketable right now. He added that even if the city continues to collect items as recycling, they are going to the landfill. He stated that the tonnage cost for solid waste would increase slightly but the cost of recycling would be eliminated. CMBR Lindauer felt it didn t make sense to pay for recycling if it wasn t going to occur. CMBR Rice felt it could be a problem for condominiums. The condo boards would need to encourage the owners to maintain the behavior of recycling otherwise the garbage would pile up. It was explained that the totes would still get picked up as they are currently. Mayor Jennings requested the City Attorney to craft a resolution for the next meeting. 14. COUNCIL COMMENTS: CMBR Rice thanked the Culture & Entertainment Board for their work on the End of Summer Bash. It was another great event. City Council 9/10/ P age

12 15. AUDIENCE REMARKS/PUBLIC COMMENTS: Grover Cleveland asked the council for assistance with a flooding issue. He lives in Daytona Beach on Roslyn Avenue. He has tried speaking with the City of Daytona Beach who states the problem is with the Shores. He has spoken with Brian Edwards who showed him that the water lines belong to Daytona Beach. He would like both cities to work together to fix the problem. Honey Burget stated that she appreciated the PS Director who introduced a candidate for Circuit Judge a few meetings ago. She stated it was at that meeting when Nancy Miller also got introduced as a candidate for Mayor. 16. ITEMS RECOMMENDED FOR THE NEXT AGENDA: Recycling Service 17. ADJOURNMENT: The meeting ended at 8:20 pm. MAYOR HARRY H. JENNINGS CITY MANAGER MICHAEL T. BOOKER ATTEST: CITY CLERK, CHERI SCHWAB City Council 9/10/ P age

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58 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 , adopting the 2018 Volusia County Integrated Floodplain Management Plan DATE: September 25, 2018 A. SUMMARY In an effort to reduce the potential for personal/property losses in flood-prone areas and to ensure the lowest possible flood insurance premiums for residents, local governments in Volusia County, including the City of Daytona Beach Shores, have committed to and participated in a planning process to develop a revised countywide Floodplain Management Plan (FMP) in alignment with the National Flood Insurance Program s (NFIP) Community Rating System (CRS) guidelines. The CRS grades communities floodplain management programs and reduces flood insurance premiums in those communities that meet certain requirements, such as those having a FMP. Now that the 2018 Volusia County Integrated Floodplain Management Plan is complete all Volusia County jurisdictions that participate in the CRS program are required to adopt said plan. The FMP is housed in the City Clerk s Office and may be viewed upon request. B. STAFF RECOMMENDATION Staff recommends approval of Resolution , which adopts the 2018 Volusia County Integrated Floodplain Management Plan.

59 RESOLUTION NO A RESOLUTION OF THE CITY OF DAYTONA BEACH SHORES, VOLUSIA COUNTY, FLORIDA RELATING TO THE 2018 VOLUSIA COUNTY 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 health and safety of residents of Volusia County and its municipalities; and WHEREAS, the City of Daytona Beach Shores recognizes the importance of reducing vulnerabilities to flood events for the overall good and welfare of the community; and WHEREAS, City of Daytona Beach Shores has been an active participant in Volusia Prepares, the Local Mitigation Strategy working group, which has established a comprehensive, coordinated planning process involving the county and its municipalities, as well as other public and private sector organizations, to eliminate or decrease these vulnerabilities; 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 CRS certain requirements; and WHEREAS, in an effort to reduce the potential for personal and property losses in floodprone areas and ensure the lowest possible flood insurance premiums for residents; and WHEREAS, the adoption of the 2018 Volusia County Floodplain Management Plan, in alignment with the CRS Guidelines, and integration into the Local Mitigation Strategy supports this effort; and and WHEREAS, as adoption of the plan is a requirement of the Community Rating System; WHEREAS, the City of Daytona Beach Shores hereby considers the adoption of the 2018 Volusia County Floodplain Management Plan to be of the utmost importance to the citizens of Daytona Beach Shores. Res Page 1 of 2

60 NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF DAYTONA BEACH SHORES, FLORIDA, AS FOLLOWS: SECTION ONE. ADOPTION. The City Council of the City of Daytona Beach Shores hereby accepts and approves of its designated portion of the 2018 Volusia County Floodplain Management Plan. The City Council of the City of Daytona Beach Shores also hereby accepts and endorses the mitigation goals and objectives established by Volusia Prepares for the countywide Plan, and the anticipated schedule for the next updating of the strategy. 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 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

61 Council comments

62 Audience remarks

63 Items for the next agenda