City of Daytona Beach Shores Life is Better Here A Premier, Friendly Place to Be AGENDA CITY COUNCIL MEETING June 27, 2017 7:00 p.m., Community Center, 3048 S. Atlantic Ave. Daytona Beach Shores, FL 32118 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: Advanced IEMO certificates for CMBRS Bryan and Lindauer BUSINESS OF THE CITY COUNCIL: ORDER OF BUSINESS 2. APPROVAL OF THE MINUTES: June 13, 2017 City Council Meeting 3. CONSENT AGENDA: Monthly Departmental Reports Monthly Financial Report Approval to authorize Monday, July 3rd as a holiday Board Appointments Planning & Zoning: John Schmitz from alternate to regular member, Code Enforcement: reappoint Ike Ofer City Council 6/27/2017 1 | P a g e 4. REPORTS OF THE CITY ATTORNEY: 5. REPORTS OF THE CITY MANAGER: OLD BUSINESS: FOR PROVIDING NEW BUSINESS: 6. Ordinance 2017-06 AN ORDINANCE OF THE CITY OF DAYTONA BEACH SHORES, FLORIDA, RELATING TO SEWER DEPOSITS AND AMENDING SECTION 12-4.34, APPENDIX G (LAND DEVELOPMENT CODE) OF THE CODE OF ORDINANCES OF THE City AS WELL AS ALL OTHER PROVISIONS REQUIRING The ENACTMENT OF AN ORDINANCE TO CHANGE ; PROVIDING FOR LEGISLATIVE FINDINGS AND INTENT; PROVIDING FOR AN APPEAL PROCESS RELATIVE TO CITY ACTIONS AND ACTIVITIES; IMPLEMENTING ADMINISTRATIVE ACTIONS; PROVIDING FOR A SAVINGS PROVISION; PROVIDING FOR CODIFICATION AND INSTRUCTIONS TO THE CODE CODIFIER; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. First Reading. 7. Ordinance 2017-07 AN ORDINANCE OF THE CITY OF DAYTONA BEACH SHORES, FLORIDA CALLING FOR A REFERENDUM ELECTION TO BE HELD ON NOVEMBER 6, 2018 FOR THE PURPOSE OF PROPOSING TO THE ELECTORATE OF THE CITY OF DAYTONA BEACH SHORES A REVISION TO THE CHARTER OF THE CITY OF DAYTONA BEACH SHORES RELATING TO TERM LIMITS AND AN AMENDMENT TO SECTION 2.01; PROVIDING FOR BALLOT LANGUAGE; PROVIDING FOR THE DUTIES OF THE CITY CLERK; PROVIDING FOR INCLUSION IN THE CHARTER OF THE CITY OF DAYTONA BEACH SHORES AND POWERS AND AUTHORITY FOR THE CODE CODIFIER; PROVIDING FOR SEVERABILITY AND PROVIDING FOR EFFECTIVE DATE OF ORDINANCE AND EFFECTIVE DATE OF PROPOSED CHARTER AMENDMENT. First Reading. 8. Resolution 2017-01 A RESOLUTION OF THE CITY OF DAYTONA BEACH SHORES, VOLUSIA COUNTY, FLORIDA URGING MEMBERS OF THE STATE LEGISLATURE TO ADOPT LEGISLATION AMENDING CURRENT ANIMAL CRUELTY LAWS TO IMPOSE STRICTER, HARSHER PUNISHMENT AND PENALTIES FOR ACTS OF ANIMAL CRUELTY. First Reading and Public Hearing. 9. COUNCIL COMMENTS: 10. AUDIENCE REMARKS/PUBLIC COMMENTS: City Council 6/27/2017 2 | P a g e 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 386-763-5364 at least seven working days prior to the meeting. City Council 6/27/2017 3 | P a g e PRESENTATIONS AND PUBLIC NOTICES: Advanced IEMO certificates for CMBRS Bryan and Lindauer MINUTES CITY COUNCIL MEETING June 13, 2017 3048 S. Atlantic Ave. Daytona Beach Shores, FL 32118 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, Finance Director Steve Whitmer, and Public Safety Director Stephan Dembinsky. 1. CEREMONIAL ITEMS, PRESENTATIONS AND PUBLIC NOTICES: None. 2. APPROVAL OF THE MINUTES: May 23, 2017 City Council Meeting CMBR GEIGER moved, seconded by CMBR RICE to approve the minutes of May 23, 2017. 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 to accept CDBG for years 2018-2020 with County of Volusia CMBR RICE moved, seconded by CMBR GEIGER 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: Attorney Groot will be providing the council facts on Senate Bill 8A regarding marijuana legislation. 5. REPORTS OF THE CITY MANAGER: None. OLD BUSINESS: 6. Ordinance 2017-03 AN ORDINANCE OF THE CITY OF DAYTONA BEACH SHORES, FLORIDA, RELATING TO APPEALS AND SUBSTANTIALLY REVISING AND AMENDING SECTION 2-27 OF THE CODE OF ORDINANCES OF THE CITY; City Council 6/13/2017 1 | P a g e PROVIDING FOR LEGISLATIVE FINDINGS AND INTENT; PROVIDING FOR AN APPEAL PROCESS RELATIVE TO CITY ACTIONS AND ACTIVITIES; PROVIDING FOR IMPLEMENTING ADMINISTRATIVE ACTIONS; PROVIDING FOR A SAVINGS PROVISION; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Second Reading and Public Hearing. County Attorney, Mike Rodriguez, requested that the pending appeal regarding the site plans for parking lots be done expeditiously. The meeting date of August 8th was chosen for council to hear the appeal. CMBR RICE moved, seconded by CMBR GEIGER to adopt Ordinance 2017-03 on second 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. Ordinance 2017-04 AN ORDINANCE OF THE CITY OF DAYTONA BEACH SHORES, FLORIDA, RELATING TO PARKING IN THE P-PUBLIC/QUASI PUBLIC ZONING DISTRICT AND PARKING AS A SPECIAL EXCEPTION USE; AMENDING THE MUNICIPAL CODE OF ORDINANCES, LAND DEVELOPMENT CODE; AMENDING APPENDIX G, AMENDING CHAPTER 14 ENTITLED ZONING REGULATIONS, BY AMENDING SECTION 14-26 ENTITLED P-PUBLIC/QUASI PUBLIC TO PROVIDE FOR PROHBITIONS AND SPECIAL DEVELOPMENT CONDITIONS; AND AMENDING SPECIAL EXCEPTIONS AND CONDITIONAL USES TO AMEND SPECIAL EXCEPTION PARKING REGULATIONS AND LOCATIONS PERMITED IN THE CITY; PROVIDING FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR LEGISLATIVE FINDINGS AND INTENT; PROVIDING FOR A SAVINGS PROVISION; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Second Reading and Public Hearing. 14-58 ENTITLED SECTION The City requested that this item be continued until August 22nd. CMBR BRYAN moved, seconded by CMBR LINDAUER to continue the agenda item until August 22nd. 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: 8. Ordinance 2017-05 AN ORDINANCE OF THE CITY OF DAYTONA BEACH 2 | P a g e City Council 6/13/2017 SHORES, VOLUSIA COUNTY FLORIDA, RELATING TO COMPREHENSIVE PLANNING; AMENDING THE CITY OF DAYTONA BEACH SHORES COMPREHENSIVE PLAN, AMENDING CHAPTER 1, FUTURE LAND USE ELEMENT, BY AMENDING POLICY 1-1.1.2(6) TO ELIMINATE BUILDING HEIGHT IN CERTAIN ZONING DISTRICTS; PROVIDING FOR A SAVINGS AND RATIFICATION PROVISION; PROVIDING FOR IMPLEMENTING ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. First Reading. Attorney Groot explained the process the proposed ordinance would go through if approved. It is considered a transmittal ordinance to amend the citys Comprehensive Plan. If approved tonight, it would be forwarded to the VGMC for review in accordance with the county charter. It is also sent to the state for review and comments. The second meeting will be the adoption hearing. If the ordinance is adopted, it will go back to the state for 30 days to challenge. Director Hiatt explained that once this is adopted, it doesnt change the building height itself, it removes the restriction and gives the council the flexibility to make a change. A second Ordinance would go to the Planning & Zoning Board with a proposal. CMBR Bryan inquired about a timeframe and the estimation was the adoption hearing could be in September with another 45 to 60 days for the second ordinance. CMBR Lindauer read from a prepared statement. In summary, he felt the council should listen to the residents who have attended the recent meetings. Several do not want the height limit changed. After much deliberation, if the council removed the height restriction, he felt it would cause irreparable damage with the trust of our residents. Additional revenue is not what best, happy citizens are what is best. CMBR Lindauer asked to amend the motion to include voting on this ordinance would be postponed until after the 2018 November election. Neither CMBR Rice or Geiger wished to amend the motion on the floor. CMBR Bryan also read from a prepared statement that he asked to be included in the minutes. The statement will be appended. The following residents spoke in opposition of Ordinance 2017-05: Brian Schlaupitz, Sandy Mathis, Jack Heeney, Carol Beaver, Fred Chalmers, Mike Garvey, Deborah Searcy, Madeline Santoro, Paul Tiramani, David Robbins, John Meirose, Sean OBrien and Frank Dart. Resident Chuck Pula spoke in favor stating it had been 20 years and the city leaders felt it was in the best interest to grow the city by going up. CMBR RICE moved, seconded by CMBR GEIGER to approve Ordinance 2017-05 on first reading. Vote: Motion passed (summary: Yes = 3, No = 2). Yes: Council Member Lorraine Geiger, Mayor Harry Jennings, Vice Mayor Peggy Rice. No: CouncilMember Mel Lindauer, CouncilMember Richard Bryan. 9. Appoint Voting Delegate for 91st Annual Florida League of Cities Conference It was decided that Vice Mayor Peggy Rice would be the voting delegate as in past years. City Council 6/13/2017 3 | P a g e 10. COUNCIL COMMENTS: CMBR Rice stated that she appreciated everyone who came to the meeting as it was not an easy decision to make. The city began with tall buildings and they will most always exist. She referenced the News Journal online height poll explaining that one person could vote many times so it was not a clear indicator. She concluded by stating she felt there was a problem with short term rentals in the existing condominiums and wished that could be addressed. CMBR Geiger thanked everyone who took the time to email her and suggested maybe a compromise could be made on the height limit. She announced the upcoming concerts on June 16th Vintage Now, June 30th HiWay 40, and July 28th Endless Summer. CMBR Lindauer thanked the City Attorney for providing an executive summary on agenda item six. He agreed with the Vice Mayor regarding short term rentals. City Attorney Groot explained that it is not something the city can regulate. Local government cant mandate what is in included in condominium documents. CMBR Bryan would like to approach the county council regarding the parking lot issue. City Manager Booker explained that he and the city attorney recently met with the County Manager and county attorney. The County Manager will consider air rights for possibly building a restaurant over the proposed parking lot in the future. A joint meeting will occur between the city and county council as the county desired to go through the appeal process. 11. AUDIENCE REMARKS/PUBLIC COMMENTS: Carole Christopher spoke on the flashing lights in the pedestrian crosswalk. She felt no one is noticing the yellow color and inquired if they could be changed to red lights. She felt cars would be more inclined to stop. She has also observed many cars rolling through the 3-way stop signs on Oceans West Boulevard. She felt the city could increase their revenue stream if they wrote more tickets for this. Director Dembinsky explained that the crosswalk was regulated by FDOT but he didnt think they would change to red lights. As to the stop signs, the officers are aware of the problem and most of the people who run them, live here in the condominiums. He will have officers make a presence in the area. Sandy Mathis stated she was extremely disappointed with the council and their vote tonight on Ordinance 2017-05. John Zolsky thanked the council for their honesty and for voting with your convictions. He felt the residents who spoke earlier didnt truly represent all the citizens. He stated they were more concerned for their personal view then the city as a whole. 12. ITEMS RECOMMENDED FOR THE NEXT AGENDA: July 3rd as additional holiday for city employees 13. ADJOURNMENT: The meeting ended at 8:42 pm. ______________________________ MAYOR HARRY H. JENNINGS ATTEST: ______________________________ CITY CLERK, CHERI SCHWAB __________________________ CITY MANAGER MICHAEL T. BOOKER City Council 6/13/2017 4 | P a g e Reports of the City Attorney Update on Charter Amendment for term limits Reports of the City Manager Steve Whitmer, Finance Director Ordinance 2017-06 Sewer Deposit TO: FROM: SUBJECT: DATE: The purpose of this ordinance to amend the sewer deposit rate is to protect the City from financial loss in the event of commercial default or bankruptcy filing, particularly in the case of a larger scale commercial vendor (e.g., large hotel property), who typically have sewer service charges from several thousand up to over $10,000 per month. While the change would not apply retroactively to existing businesses, any change of ownership would cause the new deposit schedule to be implemented. Thus, over the long-term, the City will be better protected from financial exposure in the event of a commercial economic downturn or failure. June 19, 2017 City Council ORDINANCE 2017-06 AN ORDINANCE OF THE CITY OF DAYTONA BEACH SHORES, FLORIDA, RELATING TO SEWER DEPOSITS AND AMENDING SECTION 12-4.34, APPENDIX G (LAND DEVELOPMENT CODE) OF THE CODE OF ORDINANCES OF THE City AS WELL AS ALL OTHER PROVISIONS REQUIRING The ENACTMENT OF AN ORDINANCE TO CHANGE ; PROVIDING FOR LEGISLATIVE FINDINGS AND INTENT; PROVIDING FOR AN APPEAL PROCESS RELATIVE TO CITY ACTIONS AND ACTIVITIES; PROVIDING FOR IMPLEMENTING ADMINISTRATIVE ACTIONS; PROVIDING FOR A SAVINGS PROVISION; PROVIDING FOR CODIFICATION AND INSTRUCTIONS TO THE CODE CODIFIER; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, controlling State law and sound and generally accepted public management practices and principles prohibit municipal enterprise funds from incurring operational financial deficits; and LEGISLATIVE FINDINGS AND INTENT. WHEREAS, the City must recover charges paid for sewage treatment services to its vendor for such services in order to maintain a stable and sound fiscal system relative to the provision of utility services; and WHEREAS, the City should modify fees, charges, rates or any other similar matters by means of the adoption of a resolution at a public meeting as opposed to unnecessarily incurring the significant costs of advertising and processing ordinances to take such actions. NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF DAYTONA BEACH SHORES, FLORIDA: SECTION ONE. The City Council of the City of Daytona Beach Shores hereby adopts the City staff report (a). relating to this Ordinance as additional legislative findings which shall not be codified as a part of this Ordinance. (b). Florida law in processing and advertising this Ordinance. SEWER DEPOSIT SCHEDULE. Section 12-4.34. of Appendix G (Land SECTION TWO. Development Code) of the Code of Ordinances of the City of Daytona Beach Shores is amended to read as follows (strikethrough is a deletion): Sewer Deposit Schedule: 1 | P a g e O r d i n a n c e 2 0 1 7 - 0 6 The City of Daytona Beach Shores has complied with all requirements and procedures of There is hereby imposed a sewer deposit schedule to ensure that sewer accounts will be paid. The following schedule of deposits is hereby imposed: Residential: $100.00 Commercial: $300.00 Three (3) months' average use, based upon the prior twelve months' usage for those or similar premises, as best determined by the City. SECTION THREE: CHANGES IN AMOUNT OF FEES, CHARGES, RATES OR OTHER SIMILAR MATTERS. All provisions of the City Code which relate to the establishment of the amount of fees, charges, rates or any other similar matters are hereby repealed and the Code codifier shall replace such provisions with the following text: "All fees, charges, rates or similar matters shall be as provided in a resolution adopted by the City Council." SECTION FOUR: IMPLEMENTING ADMINISTRATIVE ACTIONS. The City Manager, or designee, is hereby authorized and directed to implement the provisions of this Ordinance and to take any and all necessary administrative actions to include, but not be limited to, the adoption of administrative policies. SECTION FIVE: The prior actions of the City of Daytona Beach Shores relating to the collection, imposition, establishment or other action relative to utility fees, charges, rates or any other similar matters and any other fees, charges, rates or any other similar matters by the City and the establishment of fees, charges, rates or any other similar matters by the City, and any and all matters relating thereto, are hereby ratified and affirmed. SECTION SIX: CODIFICATION. (a). The provisions of this Ordinance, including its recitals, shall become and be made a part of the Code of Ordinances of the City of Daytona Beach Shores, Florida and the Sections of this Ordinance may be renumbered or relettered to accomplish such intention and the word "Ordinance", or similar words, may be changed to "Section," "Article", or other appropriate word; provided, however, that Sections One, Four, Five, Six, Seven, Eight and Nine shall not be codified. The Code codifier is granted liberal authority to codify the provisions of this Ordinance. (b). The Code codifier is hereby directed to move all provisions of the Code of Ordinances of the City of Daytona Beach Shores from the Land Development Code (Appendix G) to another appropriate location. (c). The City Attorney is directed to review the codes and ordinances of the City to develop a system whereby changing rates, fees and similar assessments and matters may be accomplished by adoption of a resolution as opposed to the enactment of an ordinance. SAVINGS. 2 | P a g e O r d i n a n c e 2 0 1 7 - 0 6 SECTION SEVEN: CONFLICTS. All ordinances or parts thereof in conflict with this Ordinance are hereby repealed to the extent of such conflict. SECTION EIGHT: 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. SECTION NINE: EFFECTIVE DATE. This Ordinance shall take effect immediately upon enactment. CITY OF DAYTONA BEACH SHORES, FLORIDA ____________________________________ HARRY JENNINGS, 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 ________, 2017. Adopted on second reading this _______ day of _______, 2017. 3 | P a g e O r d i n a n c e 2 0 1 7 - 0 6 ; and ORDINANCE 2017-07 AN ORDINANCE OF THE CITY OF DAYTONA BEACH SHORES, FLORIDA CALLING FOR A REFERENDUM ELECTION TO BE HELD ON NOVEMBER 6, 2018 FOR THE PURPOSE OF PROPOSING TO THE ELECTORATE OF THE CITY OF DAYTONA BEACH SHORES A REVISION TO THE CHARTER OF THE CITY OF DAYTONA BEACH SHORES RELATING TO TERM LIMITS AND AN AMENDMENT TO SECTION 2.01; PROVIDING FOR BALLOT LANGUAGE; PROVIDING FOR THE DUTIES OF THE CITY CLERK; PROVIDING FOR INCLUSION IN THE CHARTER OF THE CITY OF DAYTONA BEACH SHORES AND POWERS AND AUTHORITY FOR THE CODE CODIFIER; PROVIDING FOR SEVERABILITY AND PROVIDING FOR EFFECTIVE DATE OF ORDINANCE AND EFFECTIVE DATE OF PROPOSED CHARTER AMENDMENT. WHEREAS, Section 7.01 of the Charter of the City of Daytona Beach Shores, Florida provides as follows: (a) (b) Charter amendment. This charter may be amended in two (2) ways: Initiation by ordinance. The council may propose, by ordinance, amendments to any part or all of this charter, except those prohibited by the Constitution and Laws of Florida; and upon passage of the initiating ordinance council shall submit the proposed amendment to a vote of the electors at the next general election held within the city or at a special election called for that purpose. Amendment of boundaries resulting from annexation done in accordance with general law shall be by ordinance and shall not be subject to a vote of the electors except as provided by general law. Initiation by petition. The electors of the city may propose amendments to this charter by petition signed by at least ten (10) per cent of the registered electors and submitted to a vote of the electorate in a special election to be called within sixty (60) days following the certification of the initiative petition or at any general election scheduled with ninety (90) days. WHEREAS, Section 2.01 of the Charter of the City of Daytona Beach Shores, Florida provides as follows: 1 | P a g e ; and Composition. There shall be a city council consisting of five (5) members, one of whom shall be a mayor-councilmember, all of whom shall be elected at-large for a four- year term. Unless otherwise provided, reference to the office of councilmember in this charter shall also apply to the office of mayor-councilmember. Each councilmember shall be prohibited from serving more than two (2) consecutive four-year terms. WHEREAS, the City Council of the City of Daytona Beach Shores has concluded that it is in the best interests of the citizens of the City of Daytona Beach Shores for the City Council to propose an amendment to the Charter of the City of Daytona Beach Shores at a referendum election in accordance with the provisions of Section 7.01(a) of the Charter of the City of Daytona Beach Shores and Section 166.031, Florida Statutes,1 and in the form set forth herein. 1 The statutory provision provides as follows: 166.031 Charter amendments. (1) The governing body of a municipality may, by ordinance, or the electors of a municipality may, by petition signed by 10 percent of the registered electors as of the last preceding municipal general election, submit to the electors of said municipality a proposed amendment to its charter, which amendment may be to any part or to all of said charter except that part describing the boundaries of such municipality. The governing body of the municipality shall place the proposed amendment contained in the ordinance or petition to a vote of the electors at the next general election held within the municipality or at a special election called for such purpose. (2) Upon adoption of an amendment to the charter of a municipality by a majority of the electors voting in a referendum upon such amendment, the governing body of said municipality shall have the amendment incorporated into the charter and shall file the revised charter with the Department of State. All such amendments are effective on the date specified therein or as otherwise provided in the charter. (3) A municipality may amend its charter pursuant to this section notwithstanding any charter provisions to the contrary. This section shall be supplemental to the provisions of all other laws relating to the amendment of municipal charters and is not intended to diminish any substantive or procedural power vested in any municipality by present law. A municipality may, by ordinance and without referendum, redefine its boundaries to include only those lands previously annexed and shall file said redefinition with the Department of State pursuant to the provisions of subsection (2). (4) There shall be no restrictions by the municipality on any employees or employee groups political activity, while not working, in any referendum changing employee rights. (5) A municipality may, by unanimous vote of the governing body, abolish municipal departments provided for in the municipal charter and amend provisions or language out of the charter which has been judicially construed, either by judgment or by binding legal precedent from a decision of a court of last resort, to be contrary to either the State Constitution or Federal 2 | P a g e Constitution. (6) Each municipality shall, by ordinance or charter provision, provide procedures for filling a vacancy in office caused by death, resignation, or removal from office. Such ordinance or charter provision shall also provide procedures for filling a vacancy in candidacy caused by death, withdrawal, or removal from the ballot of a qualified candidate following the end of the qualifying period which leaves fewer than two candidates for an office. 2 See, Section 101.161, Florida Statutes, relating to referenda and ballots relating thereto. The statutory provision provides as follows: NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF DAYTONA BEACH SHORES, FLORIDA THAT: SECTION ONE: TERM LIMITS. Section 2.01 of the Charter of the City of Daytona Beach Shores, Florida, is proposed to be PROPOSED REVISION OF SECTION 2.01 CITY CHARTER; amended to read as follows: Sec. 2.01. Composition; Term Limits; Mayor and City Council. There shall be a City Council consisting of five (5) members, one of whom shall be a Mayor, all of whom shall be elected at-large for a four (4)-year term. Unless otherwise provided, reference to the office of Councilmember in this Charter shall also apply to the office of Mayor. Each Councilmember shall be prohibited from serving more than two (2) consecutive four-year terms. No person shall be elected or appointed to office as a City Councilmember for more than two (2) terms. This Section applies to any Councilmember including the Mayor and service in all such positions shall be considered for the purpose of calculation the number of terms served. For purposes of this limitation, the word term is defined as service on the City Council for a period longer than one-half of a full term. All terms including past and present terms greater than half of a full term served by current and former Councilmembers shall count for the purposes of applying the term limits to include, but not be limited to, City Councilmembers who were elected or appointed prior to 2018 it being the specific intent of the City, in the adoption of this term limit provision, to establish qualifications for office holding which precludes persons seeking office who have served two (2) terms of office. SECTION TWO: BALLOT QUESTION. The form of the ballot for the Charter amendment provided for in Section One of this Ordinance shall be as follows:2 3 | P a g e 101.161 Referenda; ballots. (1) Whenever a constitutional amendment or other public measure is submitted to the vote of the people, a ballot summary of such amendment or other public measure shall be printed in clear and unambiguous language on the ballot after the list of candidates, followed by the word yes and also by the word no, and shall be styled in such a manner that a yes vote will indicate approval of the proposal and a no vote will indicate rejection. The ballot summary of the amendment or other public measure and the ballot title to appear on the ballot shall be embodied in the constitutional revision commission proposal, constitutional convention proposal, taxation and budget reform commission proposal, or enabling resolution or ordinance. The ballot summary of the amendment or other public measure shall be an explanatory statement, not exceeding 75 words in length, of the chief purpose of the measure. In addition, for every amendment proposed by initiative, the ballot shall include, following the ballot summary, a separate financial impact statement concerning the measure prepared by the Financial Impact Estimating Conference in accordance with s. 100.371(5). The ballot title shall consist of a caption, not exceeding 15 words in length, by which the measure is commonly referred to or spoken of. This subsection does not apply to constitutional amendments or revisions proposed by joint resolution. (2) The ballot summary and ballot title of a constitutional amendment proposed by initiative shall be prepared by the sponsor and approved by the Secretary of State in accordance with rules adopted pursuant to s. 120.54. The Department of State shall give each proposed constitutional amendment a designating number for convenient reference. This number designation shall appear on the ballot. Designating numbers shall be assigned in the order of filing or certification and in accordance with rules adopted by the Department of State. The Department of State shall furnish the designating number, the ballot title, and, unless otherwise specified in a joint resolution, the ballot summary of each amendment to the supervisor of elections of each county in which such amendment is to be voted on. (3)(a) Each joint resolution that proposes a constitutional amendment or revision shall include one or more ballot statements set forth in order of priority. Each ballot statement shall consist of a ballot title, by which the measure is commonly referred to or spoken of, not exceeding 15 words in length, and a ballot summary that describes the chief purpose of the amendment or revision in clear and unambiguous language. If a joint resolution that proposes a constitutional amendment or revision contains only one ballot statement, the ballot summary may not exceed 75 words in length. If a joint resolution that proposes a constitutional amendment or revision contains more than one ballot statement, the first ballot summary, in order of priority, may not exceed 75 words in length. (b) The Department of State shall furnish a designating number pursuant to subsection (2) and the appropriate ballot statement to the supervisor of elections of each county. The ballot statement shall be printed on the ballot after the list of candidates, followed by the word yes and also by the word no, and shall be styled in such a manner that a yes vote will indicate approval of the amendment or revision and a no vote will indicate rejection. (c)1. Any action for a judicial determination that one or more ballot statements embodied in a joint resolution are defective must be commenced by filing a complaint or petition with the appropriate court within 30 days after the joint resolution is filed with the Secretary of State. The complaint or petition shall assert all grounds for challenge to each ballot statement. Any ground not asserted within 30 days after the joint resolution is filed with the Secretary of State is waived. 2. The court, including any appellate court, shall accord an action described in subparagraph 1. priority over other pending cases and render a decision as expeditiously as possible. If the court finds that all ballot statements embodied in a joint resolution are defective and further appeals are declined, abandoned, or exhausted, unless otherwise provided in the joint resolution, the Attorney General shall, within 10 days, prepare and submit to the Department of State a revised ballot title or ballot summary that corrects the deficiencies identified by the court, and the Department of State shall furnish a designating number and the revised ballot title or ballot summary to the supervisor of elections of each county for placement on the ballot. The revised ballot summary 4 | P a g e An amendment to amend the City Charter to limit persons to election or appointment to no more than two terms of City Council regardless of when the terms are served. This amendment defines a term as more than half of a full term and would apply to current and former Councilmembers and would include prior and current terms served in applying the limitation. Yes No [ ] [ ] may exceed 75 words in length. The court shall retain jurisdiction over challenges to a revised ballot title or ballot summary prepared by the Attorney General, and any challenge to a revised ballot title or ballot summary must be filed within 10 days after a revised ballot title or ballot summary is submitted to the Department of State. (4)(a) For any general election in which the Secretary of State, for any circuit, or the supervisor of elections, for any county, has certified the ballot position for an initiative to change the method of selection of judges, the ballot for any circuit must contain the statement in paragraph (b) or paragraph (c) and the ballot for any county must contain the statement in paragraph (d) or paragraph (e). (b) In any circuit where the initiative is to change the selection of circuit court judges to selection by merit selection and retention, the ballot shall state: Shall the method of selecting circuit court judges in the (number of the circuit) judicial circuit be changed from election by a vote of the people to selection by the judicial nominating commission and appointment by the Governor with subsequent terms determined by a retention vote of the people? This statement must be followed by the word yes and also by the word no. (c) In any circuit where the initiative is to change the selection of circuit court judges to election by the voters, the ballot shall state: Shall the method of selecting circuit court judges in the (number of the circuit) judicial circuit be changed from selection by the judicial nominating commission and appointment by the Governor with subsequent terms determined by a retention vote of the people to election by a vote of the people? This statement must be followed by the word yes and also by the word no. (d) In any county where the initiative is to change the selection of county court judges to merit selection and retention, the ballot shall state: Shall the method of selecting county court judges in (name of county) be changed from election by a vote of the people to selection by the judicial nominating commission and appointment by the Governor with subsequent terms determined by a retention vote of the people? This statement must be followed by the word yes and also by the word no. (e) In any county where the initiative is to change the selection of county court judges to election by the voters, the ballot shall state: Shall the method of selecting county court judges in (name of the county) be changed from selection by the judicial nominating commission and appointment by the Governor with subsequent terms determined by a retention vote of the people to election by a vote of the people? This statement must be followed by the word yes and also by the word no. 5 | P a g e SECTION THREE: REFERENDUM ELECTION. A referendum election is hereby called to be held November 6, 2018, to present to the electors of the City of Daytona Beach Shores the ballot question provided for in this Ordinance. The Supervisor of Elections of Volusia County is hereby requested to coordinate all matters relating to the said referendum election with the City Clerk, the Division of Elections of the Florida Department of State, and the City Manager, City Clerk and City Attorney. SECTION FOUR: DUTIES OF CITY CLERK. The City Clerk is hereby directed to ensure that the advertising and notice requirements of Section 100.342, Florida Statutes, are complied with and to coordinate all activities necessary to conduct the referendum election called in this Ordinance with the Supervisor of Elections for Volusia County. SECTION FIVE: REVISED CHARTER OF THE CITY OF DAYTONA BEACH SHORES. If the proposed amendment to the Charter of the City of Daytona Beach Shores is approved by the electorate in the referendum election called for in this Ordinance, it is the intention of the City Council, and it is hereby ordained, that the approved provisions of this Ordinance shall become and be made a part of the Charter of the City of Daytona Beach Shores. The Citys Code codifier is granted broad and liberal power and authority to codify the Charter of the City of Daytona Beach Shores in terms of making appropriate harmonizing, technical or editorial changes and notes that do not affect the substantive provisions thereof. SECTION SIX: Should any section, paragraph, sentence, clause, phrase or other part of this Ordinance be SEVERABILITY. 6 | P a g e declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of this Ordinance as a whole or any portion thereof, other than the part so declared to be invalid. SECTION SEVEN EFFECTIVE DATE. The provisions of this Ordinance shall take effect immediately upon enactment. The amendment to the Charter of the City of Daytona Beach Shores proposed for approval in this Ordinance shall become effective only upon approval at a referendum election of the electors of the City of Daytona Beach Shores in accordance with the provisions of Section 166.031, Florida Statutes. CITY OF DAYTONA BEACH SHORES, FLORIDA ____________________________________ HARRY JENNINGS, 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 _____________, 2017. Adopted on second reading this __ day of _____________, 2017. 7 | P a g e RESOLUTION 2017-01 A RESOLUTION OF THE CITY OF DAYTONA BEACH SHORES, VOLUSIA COUNTY, FLORIDA URGING MEMBERS OF THE STATE LEGISLATURE TO ADOPT LEGISLATION AMENDING CURRENT ANIMAL CRUELTY LAWS TO IMPOSE PUNISHMENT AND PENALTIES FOR ACTS OF ANIMAL CRUELTY. STRICTER, HARSHER WHEREAS, it is a priority of the City of Daytona Beach Shores to promote the health, safety, and welfare of animals in the City and within the State of Florida; and WHEREAS, animals are sentient beings and deserve protection; and WHEREAS, animal cruelty is a shameful act and no animal should feel endangered from abuse, forced violence, or neglect; and WHEREAS, the City Council supports legislative efforts to impose harsher penalties on those who engage in acts of animal cruelty; and WHEREAS, the City Council supports legislative efforts to improve the quality of life for all animals through love, compassion, education, and legislation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DAYTONA BEACH SHORES, FLORIDA, AS FOLLOWS: Section 1. That the City Council of the City of Daytona Beach Shores hereby urges members of the Florida Legislature to consider amending the penalty listed in F.S. 828.12(2) for commission of aggravated animal cruelty from a third-degree felony to a second-degree felony. Section 2. Section 3. That the City Council of the City of Daytona Beach Shores hereby urges members of the Florida Legislature to consider imposing stricter, harsher punishment and penalties for acts of animal cruelty. That a copy of this resolution be sent to Governor Rick Scott, State Representative Tom Leek, State Representative Paul Renner, State Representative David Santiago, State Representative Patrick Henry, State Senator Dorothy Hukill, State Senator David Simmons, County of Volusia Chair, and all municipal Mayors within Volusia County. Section 4. This resolution shall be effective immediately upon adoption. CITY OF DAYTONA BEACH SHORES, FL. ____________________________________ MAYOR, HARRY H. JENNINGS Attest: ____________________________________ CITY MANAGER, MICHAEL T. BOOKER Approved as to form and legality: ____________________________________ CITY ATTORNEY, LONNIE GROOT Adopted this_____day of June, 2017 Posted this ________day of June, 2017 ______________________________ CITY CLERK, CHERI SCHWAB Council comments Audience remarks Items for the next agenda