City of Daytona Beach Shores Life is Better Here A Premier, Friendly Place to Be AMENDED AGENDA CITY COUNCIL MEETING June 12, 2018 7:00 p.m., Shores Community Center, 3000 Bellemead Drive 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: BUSINESS OF THE CITY COUNCIL: ORDER OF BUSINESS 2. APPROVAL OF THE MINUTES: May 8, 2018 3. CONSENT AGENDA: Board Re-Appointment Civil Service Board: Ed Kavanaugh Monthly Departmental Reports April 2018 Monthly Financial Report April 2018 City Council 6/12/2018 1 | P a g e 4. REPORTS OF THE CITY ATTORNEY: 5. REPORTS OF THE CITY MANAGER: Cancel June 26th City Council Meeting OLD BUSINESS: None. NEW BUSINESS: 6A. Amended Resolution 2018-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DAYTONA BEACH SHORES, FLORIDA RELATING TO QUALIFYING FOR CANDIDACY (2018 CITY GENERAL ELECTION) AND FILING CAMPAIGN REPORTS; REQUIRING ELECTRONIC FILING OF CAMPAIGN TREASURERS REPORTS WITH THE VOLUSIA COUNTY SUPERVISOR OF ELECTIONS OFFICES ELECTRONIC FILING SYSTEM; PROVIDING FOR TIME FRAMES FOR QUALIFYING FOR OFFICE; 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. 6B. Appoint Voting Delegate for 92nd Annual Florida League of Cities Conference 7. 8. COUNCIL COMMENTS: Sale of property at 1906 S. Atlantic Avenue 9. AUDIENCE REMARKS/PUBLIC COMMENTS: 10. 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 6/12/2018 2 | P a g e PRESENTATIONS AND PUBLIC NOTICES: CITY COUNCIL MEETING MINUTES May 8, 2018 3048 S. Atlantic Ave. Daytona Beach Shores, FL 32118 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, City Planner Stewart Cruz, Community Services Director Fred Hiatt, Finance Director Kurt Swartzlander and Public Safety Director Stephan Dembinsky 1. CEREMONIAL ITEMS, PRESENTATIONS AND PUBLIC NOTICES: Employee Service Awards Director Fred Hiatt presented Scott Vanover with his 10-year service award. City Manager Mike Booker presented Director Stephan Dembinsky with his 20-year service award. 2. APPROVAL OF THE MINUTES: April 24, 2018 CMBR GEIGER moved, seconded by CMBR RICE to approve the minutes of April 24, 2018. 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: Board Appointment Culture & Entertainment Board : Kim Horvanecz as regular member Approval of Finance Policy Amendment CMBR LINDAUER moved, seconded by CMBR RICE 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: The City Attorney explained that with the sale of the 1906 S. Atlantic Avenue property, there needed to be a document that released the city of all rights to mining, etc. This will be included at closing. City Council 5/08/2018 1 | P a g e CMBR RICE moved, seconded by CMBR GEIGER to relinquish the city rights to mining, etc. located on the property at 1906 S. Atlantic Avenue. 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. Attorney Groot related a phone call from the NJ reporter, Dustin Wyatt, regarding the parking lot agreements with the County Council. The item was discussed at the County meeting on May 1st under the County Attorney Report. The County has decided to go forward with mediation by a vote of 6-1 with CMBR Billie Wheeler dissenting. Attorney Groot distributed documents that were given out at the County meeting. The next step is to wait to hear from the County regarding a mediation date. 5. REPORTS OF THE CITY MANAGER: None. OLD BUSINESS: None. NEW BUSINESS: 6. Approval for Non-conforming Sign Grant to Waters Edge Apartments CMBR Lindauer questioned the proposed grant amount as he felt it should have been a lower percentage. City Planner, Stewart Cruz, explained that the formula used was the new scale approved by council a few months ago. CMBR GEIGER moved, seconded by CMBR RICE to approve the sign grant for Waters Edge Apartments. 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. Approval for Special Exception extension to WD Plaza LLC, for Chuckles LLC CMBR RICE moved, seconded by CMBR GEIGER to approve the special exception extension for Chuckles LLC. 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. 8. Discussion on cent sales tax The City Manager explained that the issue of a cent sales tax increase was on hold for now. After a recent article in the Daytona News Journal, the County Council decided against placing this on the next ballot. Instead, impact fees will be re-examined. 9. Review Shores Community Center Facility Manual and Fee Proposal City Council 5/08/2018 2 | P a g e The councilmembers had very minor changes to the proposed Facility Manual and Fee structure. There was some discussion regarding where a designated area for smoking could be located. Some of council wished to not allow smoking anywhere on the grounds while others felt the farthest spot in the parking lot would suffice. This will be the operating manual and once the building is open, it can be adjusted by the City Manager as needed. 10. COUNCIL COMMENTS: CMBR Geiger felt nostalgic as this would be the final council meeting in this chamber. CMBR Lindauer thanked Director Hiatt for installing more pedestrian crosswalk signs. He also thanked the Public Safety Department for making the city feel safe. CMBR Bryan asked for a status update on the new building. The City Manager responded that the punch lists were being reviewed and it should be turned over to the city on May 24th. The next council meeting will be held on June 12th in the new facility. 11. AUDIENCE REMARKS/PUBLIC COMMENTS: John Ersland thanked Director Hiatt for working to make City Hall more handicap accessible. He also reminded the audience that Norwegian Constitution Day was fast approaching. 12. ITEMS RECOMMENDED FOR THE NEXT AGENDA: None. 11. ADJOURNMENT: The meeting ended at7:51 pm. ______________________________ MAYOR HARRY H. JENNINGS ATTEST: ______________________________ CITY CLERK, CHERI SCHWAB __________________________ CITY MANAGER MICHAEL T. BOOKER City Council 5/08/2018 3 | P a g e Reports of the City Attorney Reports of the City Manager Cancel June 26th meeting AMENDED RESOLUTION 2018-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DAYTONA BEACH SHORES, FLORIDA RELATING TO QUALIFYING FOR CANDIDACY (2018 CITY GENERAL ELECTION) AND FILING CAMPAIGN REPORTS; REQUIRING ELECTRONIC FILING OF CAMPAIGN TREASURERS REPORTS WITH THE VOLUSIA COUNTY SUPERVISOR OF ELECTIONS OFFICES ELECTRONIC FILING SYSTEM; PROVIDING FOR TIME FRAMES FOR QUALIFYING FOR OFFICE; 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. WHEREAS, the City of Daytona Beach Shores is granted authority under Section 106.07(2)(a)2, Florida Statutes, to impose upon its own officers and candidates electronic filing requirements not in conflict with Section 106.0705, Florida Statutes; and WHEREAS, the City of Daytona Beach Shores recognizes that a requirement that all candidates for municipal office file campaign finance reports electronically is not in conflict with the provisions of Section 106.0705, Florida Statutes; and WHEREAS, all candidates for municipal office will utilize the Online Treasurer Reporting System maintained and operated by the Volusia County Supervisor of Elections Office; and WHEREAS, the City Clerk along with the public will have prompt access to campaign finance reports electronically filed with the Volusia County Supervisor of Elections; and WHEREAS, the Florida Legislature has significantly increased the frequency of filing campaign finance reports required under Section 106.07, Florida Statutes, effective November 1, 2013, by now requiring monthly reports to be filed from the time the campaign treasurer is appointed with additional reports due on the 25th, 11th, and 4th days prior to the election; and WHEREAS, the City of Daytona Beach Shores finds and determines that uniform electronic filing of campaign finance reports by all municipal candidates will facilitate expanded public access to campaign finance information and conserve City resources leading to greater efficiency; and WHEREAS, Section 2.21 (c) of the City Charter relates to City elections and provides as follows: The City Clerk shall make all necessary administrative arrangements and take all administrative actions necessary for holding all City elections and shall report such actions to the City Council.; and WHEREAS, the City of Daytona Beach Shores desires to establish a period within which candidates may qualify for election at the next City election; and WHEREAS, this Resolution 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; and WHEREAS, for purposes of this Resolution strikethroughs shall constitute deletions to the original text and underlined text shall indicate text that is being added. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DAYTONA BEACH SHORES, FLORIDA, as follows: SECTION 1. LEGISLATIVE AND ADMINISTRATIVE FINDINGS. (a). The City of Daytona Beach Shores has complied with all requirements and procedures of Florida law in processing this Resolution. (b). The foregoing recitals (whereas clauses) are hereby ratified, affirmed and confirmed as being true and correct and are hereby made a part of this Resolution. (c). The recitals of Ordinance Number 2017-02 are hereby ratified and affirmed. SECTION 2. QUALIFYING FOR CANDIDACY (2018 CITY GENERAL ELECTION). (a). The 2018 City General Election and the qualification for City office shall be implemented in accordance with the provisions of the City Charter and controlling State law. (b). The following schedule for qualifying as a candidate for City office is adopted: 8:00 a.m. to 4:30 PM on each of the following days: June 19, 2018; June 20, 2018; June 21, 2018; June 22, 2018; and June 23, 2018. From Noon, Monday, June 18, 2018, through Noon, Friday, June 22, 2018, with the office of the City Clerk being open commencing at 8:00 a.m. each day and closing at 4:30 p.m. each day. Any attempt to qualify outside of those time periods will be rejected. If a person is in line to qualify at 4:30 p.m. Noon on June 22 23, 2018, that person shall be allowed to submit papers that are ready to be filed and seek qualification. SECTION 3. FILING OF CAMPAIGN REPORTS. (a). Beginning January 1, 2018, all persons and organizations that are required to file reports shall file their electronic campaign reports through the County of Volusia Supervisor of Elections website. (b). The provisions of Subsection 3(a) shall be applicable regardless of the effective date of this Resolution. SECTION 4. IMPLEMENTING ADMINISTRATIVE ACTIONS. (a). The City Clerk is hereby authorized and directed to implement the provisions of this Resolution as may be deemed necessary or appropriate by the City Clerk. (b). In addition, the City Manager, City Clerk and City Attorney are also hereby authorized and directed to generally implement the provisions of this Resolution and to take any and all necessary administrative actions to bring into effect the provisions of this Resolution in accordance with controlling law as such officers may deem appropriate in their respective roles and functions under the City of Daytona Beach Shores City Charter. SECTION 5. SAVINGS. The prior actions of the City of Daytona Beach Shores in terms of the matters relating to City elections, as well as any and all related matters, are hereby ratified and affirmed. SECTION 6. CONFLICTS. All ordinances or part of resolutions in conflict with this Resolution are hereby repealed. SECTION 7. SEVERABILITY. If any section, sentence, phrase, word, or portion of this Resolution is determined to be invalid, unlawful or unconstitutional, said determination shall not be held to invalidate or impair the validity, force or effect of any other section, sentence, phrase, word, or portion of this Resolution not otherwise to be invalid, unlawful, or unconstitutional. SECTION 8. EFFECTIVE DATE. This Resolution shall take effect immediately upon passage and adoption. CITY OF DAYTONA BEACH SHORES, FLORIDA ____________________________________________ MAYOR, HARRY H. JENNINGS Attest: ____________________________________ CITY MANAGER, MICHAEL T. BOOKER Approved as to form and legality: ____________________________________ CITY ATTORNEY, LONNIE GROOT Adopted this 12th day of June, 2018. Posted this 12th day of June, 2018. ______________________________ CITY CLERK, CHERI SCHWAB Sale of property at 1906 S. Atlantic Avenue Council comments Audience remarks Items for the next agenda