City Commission - Regular Meeting

[Music] Everyone can turn their mics on. Good evening everyone. We are calling this meeting to order. So this is the October 7th, 2025 Daytona Beach Shores City Commission meeting. It's wonderful to see everyone here today. Appreciate everyone coming. So Sher, can you take the role please? Mayor Miller, I am here. Vice Mayor Plus here. Commissioner Mard here. Mr. Con? here. Minsky is excused. Hey, thank you so much. Okay. Uh, Reverend Bob, I know I saw you somewhere. I'm used to seeing you in the front row, but come on down. And Reverend Bob from our Drive-In Christian Church will be leading us this evening in our invocation. Thank you, Reverend Bob.

Thank you so much for having me. And I invite you to stand as you're able and join me in this invocation. Let us pray. Gracious and everpresent God, as we gather here this evening in service to the people of Daytona Beach Shores, we pause to give you thanks for the gift of this community, for its beauty by the sea, for its people who care deeply for one another and for the leaders who work faithfully to guide it with wisdom and integrity. As Biketoberfest approaches, we ask your hand of protection over all who will travel our streets and bridges, the riders who come to enjoy our area, and the men and women in public safety who keep watch over them day and night. Grant safety, patience, and good judgment to all who take part so that this season might be one of joy and not of sorrow. Tonight, we also lift up our city manager, Curt Schwarzlander, with gratitude for his years of dedicated service to this city as he prepares for a new chapter in a new place. Bless him and his family with continued success, new friendships, and the deep satisfaction that comes from work well done. May he know that he leaves behind a community that is stronger because of his leadership. Now bless this meeting and all who participate that the discussions be thoughtful, the decisions just, and the actions taken, guided by the common good. In your holy name we pray.

Amen. That was wonderful. Thank you. Hey, right now then we have the pleasure uh can I have Isabelle Adams, fourth grade student, come up and we have the honor of you leading us in the today. You started out and we'll be glad to follow. Thank you so much. I aliance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all. Isabella, thank you so much. That was awesome. We appreciate it.

And now what we are going to do, we're on to the ceremonial items, our presentations and public notices. And the first one is I guess we see now that summer's out, school's back in. And so again, we have the privilege of having RJ Long Street art students here, and we're going to be passing out some awards. So if everyone on the uh dis can join me down there and we'll be giving out the awards. Thank you. [Music] I wasn't able to multitask much last time. So, we're going to have the lovely Nancy Maddox read the names and then I will be presenting them. So, let me just check to make sure that they're all correct. All right, Nancy, start.

Okay, the first one is Kani Jordan. Elani. [Applause] Helani, we are so proud of you for what you've accomplished. Here is your award. And if you just want to stand over here next to Commissioner Conamos on this side of I'm sorry, Commissioner Card. Thank you so much. Next.

Next is Annabella Graves. Annabelle, congratulations. If you want to just stand right over there, that'll be great. And we take the picture. We'll have to move everyone forward so we can see the radar. [Applause] Carly Frell [Applause] Carly, congratulations. That's awesome.

Natal Natalia Compton Martinez [Applause] Madison Chris Lee [Applause] Odin Briggs. I was wondering if we were going to have [Applause] Camden Fuller. Congratulations, Isabella Adamson. You did a wonderful job with the pledge. Thank you.

Willow Rome [Applause] and Ara [Applause] There you go. Thank you so much. All right. I didn't get a chance to shake everyone's hand, so I certainly want to do that. I had those in my hands, so we'll come by for a congratulations, Madame Mayor. One more. We have one more. You have it. We did. Yeah. Was it out of order? Okay. Hi,

Kai Woodward. [Applause] They all want to go along and their hands. Wonderful. Congratulations. We're so proud of you. Congratulations. Awesome job. Congratulations. Congratulations. Great job. Congratulations. Congratulations. Congratulations. Congratulations. All right, N. How do you want us to and I gonna Okay, so just come this way.

Do you want everyone on this side or some on that? Is that line one time? Just listen. Get out of here.

You good? Yep. Okay. Great picture. All right. Is Howard. [Music] Congratulations again. [Applause] We're out of here. Have a good night. Oh, thank you. Thanks for coming. Right.

Have a great [Music] Trying to find towels, but it's pain.

Just in time, Mr. Hearn. And next next we have um Stacy can or Lieutenant Can you just close those door? Lieutenant, can you close those doors for a minute? Oh, and Chief got it. Thank you.

So, can you come forward? Yeah. And um I I'm not Chris Cloudman, so I will be I want this in Spanish. Yes. No, I will be reading this in English. So anyway, um proud to say that this is a Hispanic Heritage Month. So I'd like to introduce uh Joe Hearn from Dand and you can give your history. Joe is president of the Hispanic uh chamber out in Del uh Deltona. Yeah, Deltona. We're actually all over Central Florida, but All right. Okay. Do we We're headquartered in Deltona. Okay. Do we have to like challenge you on your Hispanic background or are you going to give the story about

I won't I won't keep all of you that long but my grandmother is from Spain and um so I have very very strong uh Hispanic heritage in my roots and I grew up in a very cultural family um with a lot of traditions and so I've always felt immediately drawn to the Hispanic community. Right. Great. Um and we are just growing leaps and bounds. We're going on our 15 years of servicing Valuchia County and representing the workforce that is here in our county as long as along with professionals and Hispanic owned businesses. And we're just really grateful that you have taken the time today to um be able to recognize the the hard work that the uh Hispanic community brings. Certainly

and the vibrant that they bring to the communities. Um have the privilege to be at a few of your events. You have. They're never dull. They're never dull.

Okay. So, uh, whereas Hispanic Heritage Month is celebrated from September 15th till October 15th, 2025, honoring the profound impact of Hispanic and Latino Americans on the United States and local communities. And whereas we acknowledge the invaluable contributions Hispanic Americans have made to our nation's history, the culture, the advocacy, the art, cuisine, and more. here. Whereas the 2025 theme, you want to say the theme say in espanol

highlight no collective heritage honoring the past inspiring the future highlights the importance of preserving heritage while shaping the future. And whereas the celebration brings our communities together to showcase Hispanic traditions, history, and achievements, promoting unity and appreciation. And whereas the Hispanic Chamber of Commerce of Central Florida works tirelessly to empower Hispanic professionals, businesses, and the workforce, fostering economic growth, culture, understanding, and community engagement. And whereas the Hispanic Heritage Month is a time to recognize the significant contributions Hispanic Americans have made to various fields, including business, education, medicine, the arts, and public service, enriching our community. Now therefore, be it resolved this 15th day of September, 2025, that I proclaim the month of September 15, 2025 to October 15, 2025 as Hispanic Heritage Month in the city of Daytona Beach Shores in witness whereof I have here unto set my hand and caused the seal of the city of Daytona Beach Shores to be affixed. And I signed this on the 15th day of September, 2025. Congratulations, D.

Thank you. I'd like to board members if I could please. We have Jose Gore and we have Maria Trent, Spanish own business right here in the Daytona Beach area. And Jose is my own professional right here in the Daytona Beach. I'd love a photo with all of you. Okay, that's what Do you want us to come down, Nance, or do you want us to just stand up here? Nancy is the photo taker. Okay. All right. Joe, can Yeah. Can you come and hold our Maria? Nice to see you. How are you, Maria?

All right. Let's go stand up. I guess I have a couple. Yeah. If you want to hold that proclamation up, too. Yep. Awesome.

Thank you so much for Thank you, Mayor [Applause] of the Hispanic community. We appreciate you very much. Thank you. Thank you. Thank you so much. Next, we're going to go on to the approval of minutes, the city commission meeting minutes from September 23rd, 2025. Dear, I hear a motion to accept those minutes as is. I'll move. Thank you. I'll second. Any discussion on those minutes? If

not, Sher, can you take a roll for us, please? Okay. And that passed 40. Next, we're going to go on to the consent agenda. This evening, we have three items on the consent agenda. Do I hear approval to approve the consent agenda without polling items? So, move. Thank you. Second. I'll second.

All right. Any discussion on any of the items? If not, Sherry, can you take a role on that, please? That also passed 40. Thank you. Now, we're going to go on to old business. This is ordinance 202510. It's the comprehensive plan future land use map amendment for a recently annexed single family resident and this is located at 2920 South Peninsula. Attorney Waters, can you read that for us, please?

Certainly, Madame Mayor. This is item number AA, ordinance number 2025-10. An ordinance to the city of Daytona Beach Shores, Brush County, Florida, relating to comprehensive planning, amending the city of Daytona Beach Shores comprehensive plan amending chapter 1 future land use element by amending map L4 entitled generalized future land use map 2030 assigning the residential lowintensity future land use designation to annex single family residential property generally located at 2920 South Peninsula Five. Tax parcel ID number 5327090000160.

Providing for implementing actions, providing for conflicts, providing for severability, providing for non-convocation, and providing for an effective date. Thank you, Mayor. City planner.

Good evening, madame mayor, vice mayor, city commissioners. Winhurst, Daytona Beach Shore city planner. This agenda item is the second reading of ordinance 2025-10, which is a future land use map amendment for 2920 South Peninsula Drive, a property which was annexed into Daytona Beach Shores on July 1st. This ordinance, if approved, will assign a future land use for this property consistent with its Valuchia County future land use and that of the neighborhood. This action is required after an annexation in order to fully participate uh the for the property to fully participate under the land development code in Daytona Beach Shores. All exhibits and analyses have been submitted for the record and the um the VGMC approval with no objections. The Melvilles are not in uh not able to be here this evening, but they did express that they have uh no intention of renting the property. They intend to leave it. This is the location of the site. It's 7 milesi west of our northwest of our current location. About two minutes to drive there. An aerial view and street view of the property. And with all requirements having been met, staff recommends approval of this ordinance 2025-10. Are there any questions?

Let me go back one to the picture of that. So this is the property. It just looks so wonderful because um didn't quite always look like that and we followed the progress as we've gone along. So, it's wonderful to see the improvements that they've made and also that they want to become part of the shore. So, anyway, I do. Yes. Um, I don't see any questions. Anyone here? Was there anyone that had a question and didn't put it on the screen?

If not, so now I am going to open this up for public participation. Is there anyone in the audience that would like to talk about the property at 2920 South Peninsula Drive? Okay, seeing none, do I hear a motion to accept ordinance 2025-11? I so move. Second. Thank you. Any discussion? Sherry, can you take a vote, please? May I just clarify, Madam Mayor, that it's 2025-10, not 11. Oh,

okay. Part 10. Thank you. And that passed 40. And now we are on to ordinance 25 2025-11, the reszoning application for the property that we just discussed at 2920 South Peninsula Drive. Attorney Waters, can you read that for us, please?

Certainly, Madame Mayor. Before I read the short title, uh this is a quasi judicial hearing. So there are some some formalities that we must follow. One of those formalities is we must disclose expparte communications. So uh madame mayor, have you had any exparte communications with this item? I have not. Vice Mayor Politis? No. Commissioner Hanamos? No. And Commissioner Clark? No.

Okay. Very good. Next, uh, anyone who is going to speak tonight has to be sworn in, uh, including staff. So, uh, Madame Clerk, may you swear anyone in anyone in the audience who's going to speak publicly about this, about this item? Looks like no one, but I guess, uh, we have to swear in person. Do you swear to tell the truth, hold to nothing about the truth during tonight's hearing? Thank you. Okay, so where are we? Where is the 12511?

Give me one second there.

That's fine. Okay. Right on top. Okay. Okay. Ordinance number 202511, an ordinance of the city of Daytona Beach Shores, Florida, Mucha County, Florida, assigning the RSF2 urban single family residential detached district zoning classification to annex single family residential property generally located at 2920 South Peninsula Drive. Tax parcel ID number 5327 09 0160 providing modification of the official zoning map, providing for implementing administrative actions, providing for non-odification, and providing for an effective date. Thank you, Madam Mayor.

City Planner.

Good evening, mayor. Madame Mayor, uh, city commissioners, vice mayor, winery, and city planner. Um, the city of Daytona Beach Shores. This is ordinance number 2025-11. If approved, it will assign a zoning designation to 2920 South Peninsula Drive consistent with the property zoning when in Valuchia Countyy's jurisdiction and with similarly situated properties in the surrounding area. All exhibits and analyses have been submitted for the record in the site location and street views. As all criteria have been met for this action, staff recommends approval. Are there any questions?

You have any questions for our city planner? I don't see anything on the screen. So, right now, uh this also can be a public uh participation hearing and this is a quasi judicial. This is ordinance 202511 and this also talks about the recently annexed property at 2920 South Peninsula Drive. Is there anyone in the audience that would like to speak on this? Okay, seeing none, and I don't see any speakers, can I ask for a motion to approve ordinance 2025-11? I move to accept ordinance 2025-11. Thank you. I'll second. Thank you.

Any seeing none other speakers? Jerry, can you take the role, please? Okay, we have a 40 vote on this. Now, we're going to move on to new business. So, this is ordinance 2025-17 on the Tuscanyany Shores public beach access. Attorney Waters, can you read that ordinance for us, please?

Certainly, Madame Mayor. This is ordinance number 2025-17, an ordinance of the city of Daytona Beach Shores, Florida, making findings vacating a public walkway ement on property located at 2901 South Atlantic Avenue, providing for docu documentation authorization, providing for conflicts, providing for non-qualification, providing for severability, and providing for an effective date. Thank you, Director Cruz. what you have for us this evening. Thank you, Madam Mayor.

Vice City Commissioners, for the record, Stuart Cruz, city community service director. Uh, this particular ordinance, as the city attorney just read, is the ordinance 2025-7, which is a vacation of the Tesman Shores condo beach access ement located at 2901 State Road A1A, also known as South Atlantic Avenue. On May 6th, madame mayor, commissioners, you may remember that the city commission approved the construction of an ADA dune walkover at the St. Kits Park, which is just one property, I'm sorry, two properties north of the current location of Tuscanyany Beach Access. If the St. Kits ADA walkover is approved and built, there is no need for the Tuscan Shores public beach walk beach walkway access. And so ordinance 2025-17 if it is approved would vacate the actual easement located at the Tuscanany shores public beach walkway area. So the beach access and the easement that is a part of the beach access is basically from South Atlantic Avenue all the way to the seaw wall uh and it traverses a portion of the property and obviously I'm sorry traverses ground and it also traverses uh over the garage of the Tuskan Shores condo as well. And again, if this particular ADA dune walkover at the St. Kits park is approved and is built, then there's no need to have basically two beach access, public beach access within such close proximity to each other. One thing I do want to highlight is that the ordinance 2025-7 if it's approved, there is an effective date contingency which essentially says that the ordinance itself, you know, is is subject to the FDP, the Florida Department of Environmental Protection approval of the St. kids park ADA walkover permit. If it's not approved, then we will come back to the city commission for further action. Um and and from that point, we will decide how to go. The city commission will decide how to proceed.

Thank you. Um so I know, you know, looking back this we started this before May 6th. Are we waiting really for those D permits or an engineering study or what what is

So I'm glad you brought that up, Madame Mayor. So we actually just had a conversation. We've been going back and forth. The permit application has already been submitted to the D. We've we've received a request for additional information and staff along with the engineers have been going back and forth with regards to different design options. We had a conversation with them last week and we feel like we have a few options um that we can go with um and and resubmit to the FD. However, um there are some minor things that we need to clarify and we hope to clarify those within the next week or so and then we will make the resubmission. And when I say we, I mean the consultant, the the engineering consultant firm that actually deals with the FDP on a regular basis.

Was there a big design change from what we had originally suggested to what they're approving? So So there there were actually um five design options that were provided from a conceptual standpoint. Um the details have not been laid out yet, but there were some obstacles that were that were um kind of highlighted with each individual option that was provided. And so when we did the costbenefit analysis, there was one or two that would work out best for the city. Um and so that is what we're trying to finalize and from that point we will resubmit to the D and then we will move forward and hopefully um they will approve it. Great. Thank you. Thank you, mayor.

Um is there anyone in the audience that would like to talk about the vacation of Tuscany shores the beach access easement? Okay, seeing none, do I hear a motion to accept ordinance 2025-17? I so move. A second. I'll second. Any discussion?

Don't see any speakers. So Sherry, can you take a role, please? And that passed 40. Thank you. Next, we're going to go on to resolution 2025-18. This is a budget amendment of unfinish unfinished fiscal year 2425 projects. Attorney Waters, can you read that resolution for us, please?

Certainly. This is resolution 2025-18, a resolution of the city of Daytona Beach Shores, Bush County, Florida, amending the general fund and the sewer fund fiscal year 2025 2026 budget, providing for appropriations and providing for an effective date. Thank you,

director. Madame Mayor, vice mayor, commissioners, Lori Irwin, finance director. Uh, as you know, the city's budgets annually and the budget year ends. It just ended on September 30th and we just began our new budget year. And any purchases that do not get either delivered or projects that do not get finished by September 30th need to be budgeted into the next budget year. Now staff tries their best to anticipate you know um these deliverables during the budget process but things happen as we know and now so but then what happens is the f those funds from last year that were not spent because these projects were unfinished go into reserves. So then this year what we can do if the projects you know the budget amendment is approved we would take those reserves out to fund these projects. And we do have as you can see three items from fiscal year 2425 budget that were not completed by September 30th and staff did not know in time to budget those. Um, one is turtle lighting and shades for $20,000. We're waiting on Valuchia County to approve the design. We also have a sewer vehicle number 169, the replacement of that vehicle for $130,000. Um, it's just waiting on some recalls, the new vehicle and recalls already. And station five spare pump for $132,000. that um we brought that to you actually June 3 uh to be approved. That was an emergency purchase and uh we could have the pump repaired for 102,000 or buy a

new one and you had approved to have a new one. So that should be coming in this month. So that's a total increase to the general fund of $20,000 and for both the sewer fund and sewer capital improvement fund of $262,000. But again, that is coming that is from last year's budget that goes back into reserves to come back out and for those purchases. So if this is approved, the budget would increase $282,000. A total budget increase from 97,447,400 to 97,991,400 questions. Um, this also is a public hearing. Is there anyone in the audience that wishes to talk about resolution 2025-19? Don't have any speakers on the screen. So, I'm going to ask now for a motion to accept resolution 2025-19.

So, move. Second. I'll second. Thank you. Any discussion or any questions for our director? What were the turtle shapes? Yeah, I'll have to actually put over to a community services director to explain exactly what they are.

Thank you for that question. So, the turtle shades that we're referring to are actually the street light pole shades to protect the lights from going onto the beach to protect the turtles pursuant to the county code and also Florida statutes. So, you may have seen some of them around, but um you know they they come in different shapes and form and we're having them um made individually because of the uniqueness of our um decorative street bowls. And how many years have we been using those? So, we've tried different versions over the years, and this year, um, I want to say maybe the beginning of this, uh, fiscal year, meaning October, November, is the first time we actually started to custom make them.

Thank you. Any other questions for our director before he goes down?

If not, um, Sher, can you take a role on that, please? And that is a four of vote. Thank you. Next, we're going to go on to public hearing resolution 2025-19. Um, as you see, I want to make sure that you know that we have a change on this resolution and it is put in front of you on each one of our your podiums. Attorney Waters, can you read resolution 2025-19 to us, please?

Certainly. This is resolution number 2025-9, a resolution of the city of Daytona Beach Shores, Florida, relating to sewer utility rates, charges, and fees, revising wastewater rates, revising monthly retail customer base charges, repealing and suspending prior and conflicting resolutions, providing for severability, and providing for an effective date. Thank you,

Madam Mayor, Vice Mayor, Commissioners, Lori Irwin, finance director. Tonight, we are having a hearing to hear public comment and vote on the proposed new sewer rates. And the hearing notification was printed on utility bills dated um August 29th, 2025 for Florida statute 180.136. And uh the rates are effective for sewage uses starting on October 1st, 2025, which is kind of unique to us because it won't be build until November 28th because of the city not having um our own wastewater processing plant. We have to rely on other cities, which in case is the city of Port Orange. And in order for us to bill for our sewer, we have to rely on the city of Daytona Beach and the city of Port Orange for water consumption. So, in stating that um it's effective October 1st, that goes for that November 28th billing. Um just some information here that uh you know we do rely on the city of Port Orange to process 100% of our city waste water and we've actually had an agreement with them since 1994. Sorry about that. That might be better for you. Now, as for the proposed sewer rates, uh you can see here that uh the current incity rate is $40.13 cents for the first 3,000 gallons. Um and what we did to propose uh this current the new sewer rates is use a CPI for May over May, which ends up being 4.81%. And then the city of Port Orange is increasing whether this gets approved or

not. or orange is increasing to the city of 25 cents per thousand. So, so if we take that current rate of the 4013, you can see I broke it down individually, the current rate, admin fee. So, the CPI is only on that current rate and the admin fee, not on that increase of the sewer processing, which ends up totaling $42.81. That's your new That would be your new minimum, which is $2.68 over last year or a 6.68% increase. Now, for outside city rates, their current rate is 59.44 plus the 50 cent admin fee. And the CPI again is only put on that portion, not the processing fee. So then they'd have a monthly minimum of $6357. That again includes the 3,000 initial gallons and per thousandgalon usage. You can see here inside city rates. Again, we do not charge that uh the CPI on that 25 cent increase per thousand increase. And there would be a new um $1,000 gallon rate of $1410 for inside city customers and $21.3 for outside city customers. Okay. Um, and this is no real surprise. Was that last summer director when we had a representative from Portor who came and talked director came and spoke to the city.

Okay. So, we knew this was coming and um I know that it went out in the bills because I had a neighbor call me and asked me about it. So, I can verify for sure that it went out there. So anyway, um this is um did I ask about the public hearing on this for 2519? Okay. Again, we advertised in your bill that you could come and speak with us today about it. Is there anyone that wants to speak on it? If not, I don't see any speakers from up on the dis. So, at this time, I'm going to ask for an approval, a motion to approve for resolution 2520 2025-19. I'll move.

Thank you. Second. Second. Any discussion? Any questions for our director?

Take a roll, please. Thank you very much for that very comprehensive overview. We appreciate it. And that passed 40. Okay. Next, we're going to go on for a discussion of um our um term for board members. So, previously we had a um was it in the code attorney? it was in in our code that you could serve three three-year terms, but unfortunately it it wasn't explained any more than that. So, you know, it's very very precise in any of us on ours, but that was just three three-year terms. So, there's several items that I'd like to discuss. I want each of us to weigh in on them. And then what I'm going to ask is um if our staff will take our recommendations and work with our attorneys to come up with a um an ordinance so we have this set in stone so we know. So right now these are the two options as I see them. So you it's three three-year terms. So that would be nine years. Do you feel like someone would have to sit out for one year to reapply or one term? So, I'm gonna ask each of you for your opinion.

Commissioner Card, I'd like to hear somebody else that knows about this a little longer than I do, so I can I think this is rather new, so I don't know. But anyway, I I I've thought about it and um I could go either way, but it might as well it might as well be one term because otherwise if somebody sits out one year, you're going to fill that vacancy anyway, so that person's really probably not unless somebody else leaves. But I just assume it'd be one term. But again, I I could e, you know, either way. Um, I wouldn't actually mind after the commissioners have their say um just to any questions in the audience, see if somebody has anything to say. Sure. Oh, I always open it up for comment. Vice Mayor,

is this the same thing that we did when we put it on the ballot? No. No. This is something that that was for comm that was for commission. So, that was extending terms. This is for the board. This is for the boards. Okay. So, ours is two four-year terms and then you're done. Right. Right. So, this has to do with the board once again that now. So, we have the most experienced people with two with uh in our commission. But anyway, we won't go there. So, this is the board. I got a question that I'd like to ask you, Madame Mayor. Do we get a lot of um alternates that wish to serve? I mean, do you get a lot of um demand uh to fill those?

It varies. There's been times we've had four or five people. There's times we've only had one. I think what I would like to do is a better job of publicizing it. And I think if we did that, then we probably would. Well, that's beside the point. I I have I I have a similar opinion as Commissioner Konamos. I to try and foster a little bit of continuity. I think it should and a little more clarity. Uh it should be defined as term as opposed to year. Okay. All right. according to as long as it's uh meets legal muster with our city attorney. Madam mayor, can I ask one more thing? Sure. Now, pri now now prior to this, what what were the conditions? Was there no term?

So, so the attorney that wrote at the time only put three three-year terms and didn't follow it up. So, that doesn't help you much. So, that's why we're having to do this now. Now, in a sense though, if even if we have somebody sit out one year or one term, it's really no term limits to it. there's there's an exception to it. So, you know, I don't know if anybody wants to go back and again I I don't have any knowledge of what happened before. Um but you know, I mean, do you want to throw the idea out there of just getting rid of term limits? Because again, if you still have somebody sit out for three years and they could still go, there's still really no term limits.

There's no term limits, but you know, I I don't think like, you know, as we all know, we had someone on there that was 16 years, right? So, so we want to do something to get new opinions in there. So, and most people too, if you're doing this, they're sitting out three years, you know, and if they have that much of a movement that they want to come back, sure, I'm pretty open to that. So, uh, Commissioner uh Card, now that you've heard us all, and by the way, I'll put my opinion in here, too. I think it should be one term. So, you know, you serve nine years, you sit out a term, and if the opportunity presents at that time, you can come back. But we want to hear from what you have to say.

Well, that sounds like u a lot of time. Nine years. So, I have to agree that uh I think that's enough. Um and if they want to come back down the road after three years. Yeah. After one term. Okay. All right. Um so, I think do we have to vote on everyone? I have a lot that I want to talk about. Should we vote on each item as it comes along to pass it on to staff? I think a consensus would be fine.

Okay. All right. So, um, do we have a consensus that after you do three three-year terms, you would sit out for one term and you would be eligible to come back in? Our current process is that you first come back as an alternate and then you go on the board as there's an opening. I wanted to clarify that unless there's not somebody that's able to fill that position. I'm sorry, what was your question? So,

it would the alternate be So in three in three years um we always start with the opening at the alternates. So we move an alternate up. So the opening is always at the alternate position in sec instead of you know to your point if something happened and both alternates you know had to be moved up and we still had one. I can't see that happening but in case it did you know just to clarify that our process normally is alternate and then not. Okay. So do I have a consensus? Do you want me to explain it again or is that No, but um before we do that, can we ask if anybody in the audience has any comments? Any comments on that?

Okay. If not, then uh do we have a consensus that that's what we'll pass on to our staff to work with our attorney on? Yes. Okay. Great. Thank you.

Okay. The next thing this came up and I did some um some research on this. So, when we talk about residents versus non-residents, I'm going to give you my opinion. And I want to hear from each one of you. I always think that it should be more residents than non-residents on the board. So that it would always be three residents and two non-residents. But I want to make sure that we point out and this is what I found in my research. It could not just be that you're leasing a property or just have a business. You need to be a property owner. So you have to pay property tax to our city. And looking at some of these that I looked up, they pay a substantial amount of property tax. And uh, Attorney Waters, I'm going to reach out to you. I know currently um, our Voice Law Firm has 14 plus cities. Do you know if this practice is done in other cities?

It is uh, to require um, board members to own property. Okay. So, you could be a non-resident, but you must own property. Yes. For non-resident. Yes. All right. So um I'd like everyone so vice mayor I'm going to start with you too again. So this is two things I want to combine together. So that is that the um board always consists of three residents and two non-residents but property owners. I agree. Okay. I like that.

Now I don't know if we should limit it to two. If, for instance, if there's a vacancy and there's no business owner that wants to do it that qualifies, uh, I think we should be able to put another resident in there. I don't think we should always have to have two um, business owners because we No, I'm sorry. This is maximum. Max, maximum. Maximum of Okay. Max. So, we're not limiting the number of res. So, let me give you example. So right now if we have three residents on two property owners and the next person in line on the alternate is a property owner and I don't know if we need to spec you know get this down in the weeds that alternate would not be able to move up.

I understand that. Yes. Okay. All right. It is that okay that I would be fine with that. Okay. I agree. Okay. All right. So um that's another thing that I would like added on. So, anyone in the audience have anything to say about that? Any comments? Do you want to come up and give your name? Should I start the clock?

My name is Harry Jennings. Uh, not no member of the commission has served on an advisory committee before. Let me suggest there are many people still in our city who have served on advisory committees. Why don't you ask them to form a committee and bring a recommendation? They are familiar how the committees work, the time that is involved. So I think it would give you an outside opinion in order to do your job in a better manner and it involves citizens which is very very important.

Thank you. Okay. Anyone else that wishes to speak on that? Okay. So, um, one other thing that I would like to look at, and I've heard of staff that they would like to review this ordinance that there might be other improvements that they would like to make. So, is that all right with you on staff's recommendation, we include those as well? Sure. Okay. Um, do we need a consensus now? That would be fine. Yes. Okay.

All right. So that consensus was um what we talked about about the residents and the non-residents and property owners only and that can be verified through the um militia county tax. Okay. Um do I have everyone's consent on that? All in favor say I. I. Any opposed? Okay. Thank you.

Thank you. All right. And staff, we look forward for you bringing back the recommendations on that and I appreciate it. Okay. And next we are going to go on and I'm going to turn this over to our vice mayor. Um, and this would be on our city manager hiring process. Vice Mayor,

Madame Mayor, members of the commission, and the general public. The city attorney had prepared an outline of how we're going to proceed with regards to the selection of the new city manager. Um the charter was reviewed, the city code was reviewed, and then the attorney went through all the legal precedents to make sure we do everything transparent and do it on the up and up. This outline that I have presented to you has what we call a pre-screening committee comprised of um and I and I have them all in here. Vice mayor, city finance director, community develop director, HR manager, and the interim city manager. Uh the city clerk is going to act as a clerk and take the minutes and all that. At this pre-screening committee meetings, I would encourage citizens input and involvement and they will have access to everything because everything is under the sunshine. So the they'll have everything that we have and I think their input is is necessary and welcomed. So, we'll look at the resumeumés. They'll be accessed by everyone, including the citizens. And then what happens is we go through this screening process that has as many people's input, suggestions, and criti criticisms as possible. And you'll see how it details that ultimately we'll get to a final five. Maybe there's six depending on the quality of the candidates and how close they are in uh qualifications and and suitability for this type of city. We'll have this uh roundroin type thing where they get to meet each of the commissioners one- on- one and uh we'll go through this process and then ultimately have uh a recommendation for the city commission.

I am not the sharpest tool in the shed, but I pride myself on not being the dullst. So, I will put my input in and I will help as much, but I welcome anybody's suggestion. You can call me, you can uh access me uh in any way you can, except just don't email me because I don't do that stuff very well. But be that as it may, I I want our ultimate person to to be the new city manager, someone who has that harmony, has that same vision, who's going to get along with all the department heads, who's going to be transparent and interact with the citizens, uh someone who's going to emulate the prior city managers that we've had wonderful success with and success of the city and also get alongs with the city commission. So this is just a proposed outline. I welcome your criticisms, your suggestions, your modifications, but we are now still in the resume uh period. I think until November 15th. So we still have time to talk about it and make suggestions as long as we do everything again transparent and pursuant to the charter and the codes and the laws that govern how we're doing this. But I I took a lot of time with our city attorney to make sure everything's going to be sunshine so the citizens have active involvement and are in the process.

So, Vice Mayor, so after November 15th, are you saying all of those applications will be available to all of the residents of the city to review?

Sure. Anybody wants to come by and get a copy, they're entitled to them. They can review them. and uh they want to come to the different uh meetings that we're going to have that are going to be noticed and pursuant to the sunshine laws. I welcome their participation. Um and we'll we set up a process um for them to be able you know I don't think I want them knocking on Susan's door and saying you know come in can I see all the applications so before then can we set up some process on how that they are able to review that they should and again the participation at the various meetings I'll make sure I welcome everyone's uh criticism or or suggestions or comments.

Okay. And Sherry, do do you feel like this should um be a public records request for these? I believe so. Yes, ma'am. Do you agree with that, Attorney Waters? Yes. I just You saw Matt turn said yes. Okay. All right. Just wanted to make sure I want to make sure that people know the process that they can follow to um to get these applications. Well, now that I have published this to you all, this also becomes a part of the minutes and becomes part of uh accessibility uh for our citizens to review.

Um and and this is the first time we're seeing it. Looks like a very comprehensive list. I thank you for doing this. I'd probably have to look over it a little bit more.

I agree. And that's why we still have time. That's why it's published now. And like I said, um the the the city attorney, the city manager, we all had input, some of the uh directors, that way we knew that. Listen, the the thing I and I said this to to Kurt and I'll say this to everybody, the public. I don't want to embarrass myself nor the city. I want to do it legal. I want to do it open. I want everyone to participate. So that way when one is selected hopefully he or she will be an asset to the city and and an added value and will guide us into the next level. And I want everyone's participation. I don't want there to be any criticism. I don't want to do anything to embarrass my city or myself.

I I know you well enough now, Commissioner Conamos, that you have a question. Um I I like the idea of the citizen input um a lot and but my my concern is and I think I raised it last time is um I think we need to be clear and again I agree this is all in the sunshine um and and everything should be made available but for the applicants who are getting background checks and when I say background checks I'm talking about in-depth criminal background checks. I think that's item number six.

It is. So there's different levels. So, I want to clarify who's going to be doing that and how indepth are these. Um, because we, you know, certainly want to make sure we we, you know, find anything and everything, but the background checks I'm normally I normally deal with are not public record. You have to have a clearance to see those. So, I want to make sure either the candidates know that, you know, the results of their background checks are going to be um public record that any citizen can come and do a public records request and see those. So, they may need to sign something. I don't know. I' I'd hand that over to Attorney Waters, but but again, I think there's potential issues with that and I think we need to clarify that. So, so attorney Waters, so when I put my application in to wherever ABC company, am I opening up myself that I've g given my information so it's open to anyone? Is that understood or do you think we need to take a step further to clarify?

So, is the question are the results of the background check public records or what type of background check is needed? both, but but primarily are they public record?

Um, some of the information is some may be exempt from public records, especially if they claim if they if they're ex police officers, code enforcement officers, if they've worked with DCF, anything like that, they could have exceptions. Um, and as for what type of background check, um, there are certain kinds, uh, like for instance, there's something called a level two background check. Um, which you check your Florida driving record, uh, I believe your credit score, um, and your you do fingerprints that go off to the FBI and they check your national uh, criminal uh, background. That's called a level two background check and that's done through FDLE. Is that what we normally do in this process?

If you would like, but there's also uh there's you can go as big or as small as you as you'd like. You can do a Lexus Nexus check on someone if you'd like. Um to me, more is better in this sense, I would think.

And Commissioner, I'm going to suggest that we only do that in-depth one once we've narrowed it down, okay, to about six people. I guess I'm going to step back even, you know, just starting through the beginning. When I give my resume to someone, I guess you know, and I'm talking about the p private sector or corporations, I'm not assuming that everyone in that city is going to read it. What obligation do we have to tell that person? You're applying for a city position, government position. This will be viewed by all or everyone in the city. Do we have an obligation to tell them that? You don't have an obligation to warn them. And certainly, if they're applying to be city manager, I would hope they would know. Okay, that application is subject to Florida's public records law.

Okay, perfect. Great. Okay, so that covers that. So, very good questions, Commissioner. Um, so Madame Mayor, can I interrupt to respond to Commissioner Konamos's query and probably the query of the board of the commission? I'll get with the city attorney and with our chief of police to see what we have access to and what levels and then we'll come back and make a recommendation. And if necessary, we could also tweak some kind of consent form signed by the candidate so that way we increase the likelihood that we're not going to have any consequences. So, I'll report back. But that's a great suggestion. That's why I'm glad we're having this uh discussion

and that's why I want to make sure that we don't do these background checks until you we have it narrowed down topics. Well, because Susan, you could probably imagine with you being in HR and I came from an HR position, you say these are the minimum requirements, but they don't always follow that. So, those people, we're just going to we're going to review their applications, but probably put them into another pile that I don't want to do a background check on them. you know, they didn't meet the minimum requirements anyway, so they probably would not be going any further in the process. Okay.

So, what are the questions? And you know, and this vice mayor is doing an excellent job looking at this. We're going to have time now. I was almost going to suggest a workshop in October to do a deeper dive. But as I look at it more, there's really not going to be any action taken to till November 17th, November 18th. So, unless anyone else thinks so, I don't think we need a workshop before that date. No. Anyone else? Okay. I'm looking over. Commissioner Carr, do you have any other questions on it or any other input? I'm just taking this in.

Okay. Right. Um, very good job. Thank you to your law firm, Kurt. I know that you, you know, you helped in this as well. Thank you very much. I appreciate that. Any other questions or anything else? So, I just want to make you aware that one day, and this is probably not going to be uh attorney or city manager, I'm looking that date that we're going to be doing interviews all day long. An all day long interview will not happen till at least January. Is that a corrective assumption? Yes. Looking at this timeline, I agree. Yes. And these things are not etched in stone. they they may change

um uh with regards to like I want to make sure that the legalities of the negotiations either will be with the interim city manager, the mayor, me, the city attorney. So there's a lot of parts that are, you know, nothing's etched in stone here. These are this is like a template, a guideline. So I welcome your input and you've just seen it now for the first time. So take it home, digest it, make some comments, and when we come back again in uh November, we'll have a more refined product.

And uh vice mayor, I know that u from our um residents and from also people on the dis, we have said over and over again, you know, this person's going to represent our city. So we want citizens input. And I was very happy to see on here there's two times that's going to happen. We're going to have something right here in chamber that they're going to talk. And then the next thing is that we're going to have an open house. You know, probably separate them. So again, we're talking about when it's down to maybe four or five people.

No, they're going to be involved from the beginning. As soon as we start reviewing resumes, they're welcome to attend that meeting. They're welcome to attend every single meeting. Um I I want to make sure that that's clear. I think it's important to have citizen involvement and they can make their opinions along the way or they can wait towards the the final five, whatever they choose to do. All right. they will have time to talk to these candidates one-on-one. Oh, well, one-on-one I don't know. Well, I'm thinking um you know, this public openhouse, you know, I think that's a perfect time. I envision that we'd have one in almost every corner and that you can go up to them and talk to them. I agree. And I think that's a a wonderful Yeah, that's not a problem.

All right. Okay. I think that's it. So, right now, this was just a discussion to get ideas again. Please. Um, so, Attorney Waters, tell me how without violation violating sunshine, if Commissioner Card looks that's over three days from now and either has a comment question or something that can be approved on, he cannot reach out to the vice mayor. Where would he go to? Would that be the attorney? He would either reach out to my firm or to the city manager. All right. Great. I just want to make sure that that's understood to give the feedback to our vice mayor. Okay. And then this will be agenda again in November for your discussion.

Okay. Great. Well, whoever worked on this, it it's wonderful. Thank you. And I feel like we're making this uh vice mayor. I feel like this is the most progress we've made, you know, so thank you very much. I really feel like we have a road. The attorney, city manager, and the members of the department.

Well, you spearheaded it. So, thank you. Okay. If there's any other question, is there anyone in the audience that has anything? You know, again, we had Mike for 22 years. We've had Kurt for eight years, so this is a little new for us, but if anybody else has any background or anything they'd like to add, we'd be glad to hear from you. If you want to speak tonight and, you know, you want to reach out to one of us, we're open to do that. Thank you. Okay. Uh, moving on to city attorney comments. What do you have for us this evening, Attorney Waters? Madame Mayor, it's always a pleasure to serve the city of Pal Beach Shore. So, thank you and thank you coming down from St. Augustine.

Uh, city manager, as we've said several several times, we don't, you know, um, let me state, I'm going to tell you in the commissioner comments that we are, again, we're going to have a little open house for our city manager on Thursday, October 9th, starting at three o'clock upstairs in the community center. So, you'll get to give him messages. But, um, again, we're very, very sad to see him go, but very, very happy, very happy for our interim city manager. He's saying that because I said it wrongly offended him.

So, city manager, what do you have for us this evening? Madame Mayor, vice mayor, commissioners, citizens, I just want to say thank you for the uh trust you had in me for as city manager for those last three plus years and my time as finance director. I've thoroughly enjoyed my time here with the city. I've made some great friends and there this is just an awesome city. I've seen in my 20s some years of government a lot of crazy things in city government and um just doesn't happen in this city and it's because of the residents that we have here uh and the commissions we've had. It's just a fantastic city. Um the only reason I decided to leave was I had a great opportunity for my family. Uh so again, I just want to say thank you to Commission, the citizens, and a special thank you to uh my staff. They've been fantastic. They make me look good. And so, thank you uh all of you. I appreciate everything you've done and your support of me. So, thank you.

Thank you, city manager. Uh we're going to go on to commission comments first. Um I'll go first again. You know, please no stop by. It's a be drop in to say goodbye to Curts October 9th which is Thursday at 3 p.m. tomorrow um October 8th 10:00 coffee with the mayor. Now we were supposed to have a um our Valuchia County at large Jake Johansson but he is going to be out of town. We really haven't replaced him, but we are going to do something that I think will be very interesting to you. So, last week we talked to you a little bit about our parks and wreck plan and it was at a very high level. So, uh Nancy Maddox, our director, is going to go over it in more in depth and maybe talk a little bit about suggestions. You know, they had something in the plan what they'd like to see first, what next, but Nancy will be open to that. So, come out to coffee with the mayor tomorrow. We enjoy seeing you. Um, on October 24th, uh, we are going to have food trucks. The band starts at 5:00 pm. We're going to have a dog costume contest at 6 pm. That will be fun. Before I leave October, thank you for everyone in the audience today that has pink on. Thank you. Uh, as you probably know, this is breast cancer awareness month. Something very, very near and dear to my heart. And I'd like to thank our vice mayor um for making strides against breast cancer. It's an annual event that he does. It's at the river riverfront espionage. And uh vice mayor, how many years have you been sponsoring that event?

19. 19 years. Please give him a big round of applause. If you haven't been there, you you don't have to be a breast cancer survivor or active. It's just a wonderful event. Um you'll have a really really good time. I think it starts early in the morning, 7:30 or 8 in the morning. Yeah. And you can get there around 9ish and and walk. There's always something going on and lots of booths and they excitement and it is a wonderful freebies. Yes. Anyway, wonderful event. Thank you very very much. I think this will be I'll be there. I believe this will be my seventh year and it just gets better and bigger every year. So, thank you.

Okay, so our November event, so November 5th at 10:00 a.m. will be coffee with the mayor and we will have Jessica Fentress, our Valuchia County Coastal Division Director. And um I think she'll probably address for any of you that have been down on the beach. I know we've had those high tides. It breaks my heart when I see that cliff coming off. And every time that I ask her about it, she's mayor. It's doing what it's supposed to be doing. So it's been a buffer to the seaw walls. And I think some of the sea oats are still there and they're growing. So that's good to hear. Um on November 6th from 4 uh it starts at 400 pm we'll have our annual community cookout. So that'll be upstairs. Hamburgers and hot dogs. Um the staff will cook for us. Thank you very much for doing that. But it's a fun time. So come on out on that date. And November 10th, this is something that you know I hoped we'd start um last year and we did and I'm hoping to always continue it. This is since we really don't do a Veterans Day event here in Daytona Beach Shores. Our event uh that we do is the Armed Forces Day. So, we want to honor all of the veterans in Daytona Beach Shores uh with a lunch, a wonderful lunch that our director has provided. The veterans will be free. If you'd like to bring a guest, it will be $10. Nancy will have more information on how you sign up, but anyway, please mark that on your calendar. And then November 22nd from 9:00 a.m. to 2:00 p.m., it's a community yard sale. also clear out your basement, your attic, your garage, everything, and bring it on over that day. So, I think those are my only announcements for today. And, uh, Commissioner Card, what do you have for us?

Uh, the only thing I can think of is the coffee shop from what I understand in Papadus Plaza is going to be opening very soon. We've heard that, but So, we're keeping our fingers crossed.

All right. Great. Thank you for that, Commissioner Conamus. Um, I just wanted to thank Kurt for his incredible leadership and dedication to the city. Um, you were always been there if I had a question. Always made yourself available. I greatly appreciate that. But one of the things that most impressed me about you was during hurricanes, um, you and not just you, but Chief Aller, a lot of the other department heads and and city staff would spend the nights here away from uh, your own homes and your own family. And um I tell you that it just means the world to me and I'm sure it does every other resident of of the city that we have um folks like you and chief and all the department heads that are so dedicated and I just hope we find somebody um that's willing to do the same thing. So I just thank you so much and and best best of luck to you and you and your family.

Thanks Mayor. We'll be sorely missed. Yeah, I too wish you and your family health, happiness, good luck in your next chapter in your life. But boy, our next city manager's got some big shoes to fill and um yeah, thank you for everything and thank you for sitting next to me, putting up with me and being my my my buddy over here. So, thank you. Thank you. Okay, I don't have any audience comments right now. Sorry, I didn't see that. Oh, Kristen, I'm so sorry. Is this the person whose husband is not showing up tomorrow or just different? He won't be same last name. So,

um Kristen Johansson. I'm here representing uh the Port South Daytona Chamber of Commerce. Um I wanted to just bring um your attention to a couple events we have coming up um this week and this month specifically uh dear to my heart because I'm helping to run it. On Thursday, we have a lunch and learn focused um on our workforce development issues. We are going to have um a spotlight on internships, a panel discussion on hosting interns in your businesses, your cities. Um so we would love to have anybody come participate. It's um 11:30 on Thursday, 11:30 to 1. We have four great panelists in that conversation and um lunch is being provided by Leiva and it's $15. So please come join us. I have a flyer if you would like a copy. What is the location on?

Oh, I'm sorry. Riverside Pavilion.

Um, and secondly, we have a membership drive coming up this month. Um, starting on October 13th through the end of the month on the 31st. Um, there are prizes involved. So, please help uh encourage people to join our chamber. It's good for everyone. Um, a stronger chamber helps our business community as well. So, that's coming up. And I'm going to switch hats really quickly. Um, I'm also sitting on the Port Orange Community Trust Board. And this weekend is family days coming back to you hurricane free. Yay. Um so we highly encourage everybody to come out and participate in family days starting on Thursday all the way through Sunday. We have carnival, we have live music, we have um all sorts of entertainment and fun to be had. So please check that out and um have a great week.

Kristen, for those people that don't know, can um Barbara an has been here several times. Can you give a little update on your new CEO? Sorry, I thought you guys had had a um had a meeting subsequent to that. Um I did, but I want to make sure like everybody in the audience.

Sure. We uh we have a new um president and CEO of the Port Orange Chamber of Commer Port Orange South Daytona Chamber of Commerce. It is um the former mayor of um Port Orange, Don Bernett. So been a member of this community for years. Definitely well um integrated into our community. People know him. We've had great receptions since he's been there for the past few weeks. and um we've already had a member um appreciation event where he got introduced to the public. So um please stop by anytime. He'd love to have you um say hello and uh we encourage our businesses to to reach back out. Thank you, Kristen.

Okay. Um that's the only speaker that I see here right now. So next, I think we've talked a lot of uh agenda items that we'll be putting on for the next agenda. Is there anything else that we can tell our city clerk we want put on the agenda? Okay, if seeing nothing else, this meeting is adjourned. Thank you very much.