City Commission - Regular Meeting

here. Deminsky here. Thank you, Reverend Bob. Would love to hear have you lead us in the invocation this evening.

Thank you for having me tonight. And I invite uh those who are able to stand and join me in this invocation prayer. Let us pray. Gracious and ever faithful God, we come together this evening with grateful hearts, thankful for the blessings of this community, the beauty of our shores and the opportunity to serve one another with respect and goodwill. As we approach Veterans Day, we pause to remember and honor the men and women who have worn the uniform of our nation. We give thanks for their courage, sacrifice, and devotion to the cause of freedom. May we live in ways that honor their service and uphold the peace for which they fought. We also look ahead to Thanksgiving, a time to reflect on the many gifts we too often take for granted. Family and friends, food and shelter, and the fellowship of neighbors working together for the common good. Bless this gathering tonight, oh God. Grant wisdom to our leaders, civility in our discussions, and clarity in our decisions. That all we do might serve the well-being of those who call Daytona Beach Shores home and those who will visit us in the days and weeks to come. We pray this in your holy name. Amen.

Thank you, Reverend Rock. [clears throat] Please join me in the pledge of allegiance. I pledge algiance 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. Thank you. Okay. This evening, I don't see that we have any uh presentations or public notices. So, we are going to go right into the approval of the minutes. for the city commission minutes from October 7th, 2025. Do I hear a motion to accept those minutes as written? I so move. Second. I second.

Uh do we have any discussion on those minutes? Okay. If not, we'll move right into the consent agenda. On the consent agenda, this vote The minutes passed 50. Thank you. The consent agenda. We have five items on the consent agenda. Is there any item that we need to pull for discussion? If not, do I hear a motion to accept the consent agenda? I'll make that motion. Thank you. Second. Second.

Any discussion on any of them? Okay. If not, Sherry can take a role on that, please. Sure, you miss. Oh, um, and that passed 50. Thank you. Okay, next we're going to go on to old business. So this is ordinance 2025-17 vacancy of Tuscanyany Shores public beach access. Attorney Waters, can you read this for us, please?

Certainly. This is ordinance number 2025-17. This is an ordinance of the city of Daytona Beach Shores, Florida, making findings vacating vacating a public walkway easement on property located at 2901 South Atlantic Avenue. providing for documentation, authorization, providing for conflicts, providing forification, providing for severability, and providing for Thank you, attorney, community service director.

Hi, Madame Mayor. I'm fast, huh? When I don't when I don't have the crutches on me. So, uh, good evening, uh, commissioners, vice mayor, madame mayor. This is a second reading of ordinance 2025-17 which is an easement vacation ordinance for the easement the public easement located at Tuskany Shores condo 2901 South Link Avenue. You may remember that after Hurricane Milton the dune walkover that was there the massive dune walkover that was there was destroyed and due to the exorbitant cost of replacing that the city commission earlier this year directed staff to go ahead and initiate the process to build an ADA dune walkover at the St. kids park um location which would obviously be much cheaper and it's just a couple properties north of the existing Tuscan Shores public beach access. So if the D meaning the state of Florida approves that ADA dune walk over at the St. Kits Park then there would not be a need for the public beach access walkway easement at the 2901 Tuskan Shores uh location. And so if adopted tonight, this ordinance would vacate that public beach access easement subject to or on the condition that we get approval from the state to basically build the new 88 dune walk over at the St. Kiss Park. So staff is recommending approval. If there's any questions, I'll be happy to take those.

And where are we at in the process? We're still in the design process and we're seeing the light towards the end of the tunnel in terms of resubmitting that design, the full design to the state of Florida. And so we're hoping that within um a few weeks we can get that done and resubmitted to the state. And was there some issue with a retaining wall or a seaw wall or can you explain that to us please?

Yeah. So there is actually the original design there were there was one design that we had preferred me and the engineer and the city staff but unfortunately that was kind of shot down because it would have included um traversing in front of the St. Kits condo and the St. kids condo unfortunately did not want to um give us approval to do that and so we had to go back to the drawing board and look at other options which includes pushing the dune walkover onto the property and excavating that area just um to the east of the park area and that would require a retaining wall that would be necessary to support the upland areas where the sand was was removed to basically put the dune walk over there and so um there's actually um you know some changes that we have to make in order to get that retain wall done and designed and whenever that's completed then as I mentioned you know within a few weeks we hope to have that resubmitted to the state for approval

and is that going to add any additional cost to the projects? It will madame mayor and hopefully before the end of the week we will get a change order from the engineer and um we will go ahead and move forward with that and uh have that completed as I mentioned uh probably within the next few weeks or so. Okay. And then my last question before I move on. So, so we feel pretty reasonable that this is going to be approved by DP, but until we reach a final on that, we are not doing the final of vacation of the Tuscany shores. Is that correct? And that's the way it's written in the ordinance under the effective date of the ordinance, you'll see that it mentions that particular condition that the the actual uh vacation of the of the easement will not happen until we get that approval from the state. Okay.

Any questions from anyone on the dis? Okay. Um, right now I will open it up to the audience. Is there any question of anyone for our uh director uh Tuscanyany Shores Beach Access? Seeing none, can I have a motion to approve ordinance 2025-18 seven? I'll move to approve it. Thank you. Second. I'll second.

Thank you. Um any further discussion? If not, Sher, can you take a role on that, please? [snorts] Okay. And that passed 5. Thank you. Okay. Next, we're going to move on to um the ordinance of 20. This is new business. Ordinance 2025-18. And this is on our Daytona Beach Shores code. Uh, Attorney Waters, I think we gave you the direction or to attorney voice last month that we wanted to do some changes to these city appointed boards. Can you read that ordinance for us, please?

Certainly, Madame Mayor. This is ordinance number 25-18, an ordinance of the city of Shores, Florida, relating to city boards, commissions, or committees providing for the amendment of section 2-8 of the city code of the city of Daytona Beach Shores entitled general provisions relating to city appointed boards, commissions, and committees and appointmentments providing for the amendment of section 14-62 of the land development code entitled creation of the planning and zoning board providing for legislative findings and intent. Providing for processes and procedures, providing for implementing administrative actions and responsibility for implementation, providing for a savings provision, providing for conflicts, providing for codification as well as the correction of scribers errors and providing for severability and providing for an effective date and that was the first reading matter.

Thank you,

director. Thank you, Madam Mayor, vice mayor, commissioners. So, this ordinance, as the city attorney just read, is ordinance 2025-18, which would amend section 2-8 of the Dayton Shores code of ordinances relating to uh city boards, committees, etc. under section 2-8 of the code of ordinances. So, as you just mentioned, M madame mayor, at the last commission meeting, the commission directed staff to work with the city's attorney's office to essentially address board term limits and composition of boards and committees uh that have been established by the city. And the term limit direction that was given by the city commission was such that if a member is termed out that the member would basically have to sit out at least one full three-year term. And so that's included in the ordinance. The other um direction from the city commission was regarding board composition in the sense that there would only be a maximum of two non-resident regular board members and that such non-resident member must own real property within the city and those are included as well. In addition to that, the city commission asked staff to work with the city attorney to see whether or not additional changes were needed in the ordinance. And after consulting with the city attorney's office, um several changes are being proposed. And the first regards applicability um in the sense that the particular section of the code of ordinances would not apply to staff committees or committees that included staff members. However, all staff committed meetings would be open to the public and it would have to also be appropriately noticed and minutes kept as well. And regarding uh the non-residents ownership of real property regarding qualifications for residency, those non-residents property owners of real property would actually have to own at least 50% of the real property in question. Regarding vacancies, any successor who would take over a term um during a because a regular board member or an alternate board member had to leave for whatever reason, their time of

um appointment would would actually I'm sorry that their term should actually start or would actually start whenever the vacancy appointment was made. And then in addition to that um regarding attendance, every regular and alternate board member would have to attend the public meetings for the border committee. And then to the second to the second to the last recommendation that that is being recommended by the city staff and city attorney's office concerns the rules of procedures regarding reconsideration such that reconsideration of a decision by a board or committee would only occur for nonquazi judicial matters and such reconsideration would only happen at the same meeting or the meeting after and the motion for reconsideration would have to be made by a member from the prevailing side. And then finally for these types of committees um minutes would be taken for all these committee meetings um and commission meetings and they would also have to be properly noticed and um open to the public just like any other commission meeting as well. So if this ordinance is adopted tonight, ordinance 2025-18, uh it would adopt the aforementioned uh changes and recommendations that I just mentioned and staff is recommending approval.

Okay, great. If there's any questions for me, I'm happy to take some take those and I'm sure the city attorney would assist as well. So, um I think I understand that means everything that we had suggested out of the last meeting and at the attorneys added the others after reviewing with consulting with the staff. Is that correct? That's correct. Great. I get that. Um is there anyone from the audience that wishes to speak on ordinance 2025-18? Any public comment? If not, is there anyone on the dis that has any questions? Do I hear a motion to accept ordinance 2025 now 18?

I think that was um the motion was Commissioner Card and second by our vice mayor. Is that correct? Yes. Okay. And any other discussion? If not, we'll just move on to the vote. Thank you. and ordinance 2025-18 passed 50. Thank you. Going to move on now to resolution 2025-21 [cough and clears throat] investment policy update. Madame Mayor, I will while we're waiting for Lori, I will go ahead and read.

Thank you. I was just going to ask you if you'd start to read it. Thank you. that this is resolution 2025-21, a resolution updating the city of Daytona Beach Shores, Florida investment policy for municipal funds to include all eligible Florida LGIPs, providing forming savings provisions, providing for conflicts, providing for severability, and providing for effective pay. Thank you. Thank you,

Director Win. Madame Mayor, vice mayor, commissioners, Lori Irwin, finance director. Uh, resolution 2025-21 is just a little housekeeping actually for our investment policy. So, the investment policy is governed by Florida State Statute 218.415, 415, city ordinance 96-12 and um city resolution 2022-03 which is what we are going to make an update to because so first of all state statute states that we our priorities with investments in municipalities are one safety um second is liquidity and I'm sorry but last is return. I know that's one of those things that everybody really wants to um get the best and highest of. We must uh adopt a written investment policy and it sets authorized investments. So our current policy says we can invest in any intergovernmental investment rules and LGIP authorized by Florida Interlocal Cooperation Act of 1969. So see here is a clip snippet of our current policy and you can see that's first on the list that we can invest in LGIPs. The second thing it does is it sets the portfolio composition. Currently our composition only has Florida State Board of Administration SBA. And you can see here from the snippet that we would like to change it to all eligible Florida local government investment pools because there are six of them. And so we don't want to just be um forced to use one. The reason why we

want to look at these are they're highly liquid. They're shortterm um and they have professional oversight. So these are short term meaning you could just be an overnight investment. You could be a weekly investment versus US treasuries which were doing a one month, six month, three month, a year, two year. And currently we have some major projects go that will be going on in the shores where we need that liquidity. So this is why I wanted to have the policy updated to include these. And you will see here these are some of just the current yields that I pulled today just for you know a one day yield 7-day versus the US Treasury rates. Again, it is just a housekeeping uh just to be able to add those other um investments into our portfolio. So, we are approving the approval. We are requesting the approval of

Do we have any questions for our director? I'm just curious, Lori, can you leave them in there? I mean, obviously their interest rates higher. Can you leave them in there longer if you want? Yes, you can. And that's at the same rate. No, you would get a different rate. Goes down a little bit. Up and down probably. Right. That's pretty good. And you get the money right away like a like a checking account. Correct. Similar to like a money market. Yeah, that's pretty good interest for that. That's what I was thinking too. But we can invest in that. Any other questions? I do. Um, out of all the money that we have, how much will we be putting in? all of it partial

um partial I mean we'll we'll leave everything that we we will not be seeing because we'll look at our cash flow and so currently right now I've been doing for just a few investments just a 30-day because this time of year is um hard with cash flow due to adalorum tax you're just receiving your bills currently so the city won't start receiving those monies until December mber we'll receive some and then we'll receive them through like May and then so that's what the city budget um works off of for the year. So we're working off of monies from last year

on the advalorum. You probably don't know what's percent of the people pay that in that first 30 days opposed to do you have any idea? I don't know that. I will actually get that for you. But it is a surprisingly high percentage for the shores. Oh, I'm sure it is. We actually have people calling us um prior to the bill wanting to pay discounted

up until November 30, I think, and then goes in increments. Okay. Any other questions? Okay. Is there any questions for our director of finance on resolution 2025-21 from the audience? Me seeing none. Um, do I hear a motion to accept resolution 2025-21? I so move. I'll second.

No further discussion. Sherry, can you take a vote? [snorts] And that passed 50. Thank you. Next, we're going to move on to resolution 2025-22, the waste pro amended and restated contract. Attorney Waters, can you read that for us, please?

Certainly. This is resolution number 2025-22, a resolution of the city of Daytona Beach Shores, Florida, relating to approving an amendment and restatement to the existing contract between the city of Daytona Beach Shores and Waste Pro to provide solid waste and recycling materials collection services, repealing and superseding prior and conflicting resolutions, providing for severability, and providing for

Lector Mayor, vice mayor, commissioners, Lori Irwin, finance director. Um, this resolution is for the uh amendment to and restatement of the Waste Pro solid waste and recycling contract. Now, we do have two of their representatives here in the um room. Uh Susie Magnadan,

it's a lot easier, but and Steve Cameron. So, you know, when the time comes, if you have any questions for them, they are here to answer those. Um, now, regarding the contract, this was originally bid out back in 2008 and was awarded to WastePro. There was a amendment in July of 2013 that extended the contract through um September 30th, 2026. Now the amendment just had some clarity among definitions a little um uh clarity regarding the pricing structure uh the contract duration equipment requirements because as time changes requirements change and liquidated damages which is just um when things happen. So, so with Waste Pro example is say maybe they're supposed to have two drivers or two people with the truck and they only have one. They can get fined for that. And there's a whole list in this and it gets updated periodically and you'll see they're updated in this current amendment two and restatement that we've been working on for several months. Sorry about that. You will see here that what I've done is made a comparison with the current contract on the left hand side and the amended and restated contract on the right. The duration new contract extends that out 11 years and um allows for a 10-year renewal versus seven. The pricing structure is the same by component which is your um there's here um your disposal your um pickup and your fuel.

The fuel adjusted is periodically because of the market. The actual um main component is collection component is CPI driven. So that will u increase every year based on CPI up to as you can see here it's capped at 5% annually. So residents, commercial, businesses all know 5% is is the maximum that it will be increased on any given year. What happens is the um example if this year happens to be 6% that 1% will roll over to next year. next year ends up being two and a half percent, it'll actually be three and a half% because of that rollover versus in the current contract, I think like two years years ago, we actually had an almost a 9 and a half% increase. So rather than having that large increase at any one time, it spreads that out. Um, there was a uh natural gas fuel credit that we did that we are currently receiving in the current contract, as you can see, of $1,25 on a monthly basis. That's gone. Um, but again, that having to switch over to the compressed natural gas is is something, you know, I don't believe all the trucks are on that. That was something from the original contract in 2008. We have contract supervision. We have a liaison RCG um consulting and what they do is they basically um make sure the contract they're abiding by the contract. They go out on um pickup days and they travel around the city and they will administer um any kind of admin charges, fines, anything that they see.

Currently, their monthly bill the city pays it's right around $1,200. Going forward, Moist Pro will be paying that monthly fee. So, really, when you look at that 1225 that we gave up, um, we're really getting it here. The franchise fee, currently, we receive 10%. We will be receiving 15%. Now the interesting thing with this is this is based on the current pricing structure that we have. So what the current contract and what the amended contract starting price is. It's the same. So we're not um increasing the price with this new contract. So in all honesty, WPro is giving us an extra 5% this current year. the Pelican newsletter. Um, in the PA, that's a quarterly newsletter. We pay um there's the design of it and the printing and then the postage for it. In the past, we receive with the current contract $900.79 a month that they credit us our bill. We looked at the cost of that annually and it ends up being $1650 a month. They're going to give us that credit. that will be adjusted each year based on the previous year's costs for that newsletter. Again, regarding the liquidated damages current contract, there's 30 different items that they can um be charged with fine for. In this new contract, there's 38. So, there's new ones in there. I kind of feel bad saying all this. Um the contract renegotiation fees uh

in the current contract we had to pay for everything. Anything that our consultant RCG consulting did, the city paid for it. Uh Waste Pro in this contract will pay up to $4,000 for their billing for the negotiations because they were with the city and with Waist Pro negotiating this contract. So, I mean, looking at this, I don't want to say that it's all good for the city, but I I really believe that it is truly um in the city's best um favor for it. Well, Lori, I'd like to uh thank you and the staff and um especially our previous city manager, Curt Sportslander, for as often as I am up at city hall, you are constantly in that conference room, you know, working on this and negotiation. So, thank you for your diligent trying to do what's best for the city. I appreciate it. Um, is there um, so right now I I want to say too that um, I feel that I can remain fair and impartial on this item, but I want to be fully transparent. As most of you probably know, I'm running for a county council seat and I did receive a donation from Waistpro. So even though I feel it would not affect my decision based on the advice of the city attorney, I'm going to recuse myself for from this vote. So, I just wanted that on record and I will fill out the appropriate paperwork tomorrow with Sherry. So, um can we go on? Is there any discussion of anyone? This is a public. Is anyone want any discussion?

Come on up, Susie. Thank you. Susie, tell us your last name one more time and it'll take me five times. It's definitely harder than Dolan. It's still difficult. Okay,

madame mayor, vice mayor, and commissionersh dance. It's still difficult for me to write and spell. And I also have, as you know, Steve Cameron with me. He's our division manager here in Daytona Beach. He makes all of the garbage get off the ground and makes everything happen. Uh, I would just like to take a moment to thank you guys for a wonderful business relationship. We've had a great relationship with the city with park and uh we look forward to a great relationship to continue. We just want to say thank you for for this contract and for all that you do for us and for allowing us the opportunity to continue it. So, thank you very much. Thank you. We appreciate it.

Okay. [clears throat] Is um do I hear a motion to accept resolution 2025-22? I'll move. Thank you. I'll second. Thank you. I don't see any other speakers. So, is there any discussion on this?

Are you seeing no discussion? Sure. Can you take the vote, please? Okay. And this passed 4. Thank you. Next we are going to go on to economic development a lease subsidy grant application for revive salt lounge.

Good evening madame mayor, vice mayor and city commissioners. Nancy Maddox, community engagement director. Tonight I'm presenting to you Revive Salt Lounge. It has been open for approximately 3 months now and the hours of operation are Tuesday through Saturday 10:00 a.m. through 6 pm. It's located at 3624 South Atlantic Avenue in Daytona Beach Shores across from Dalia Park. Um, if just to give you some bearings, Miss Gonzalez has invested approximately 75,000 in renovations to the rented space to provide residents and visitors a blend of relaxation and health benefits. Revive also has two massage therapists that are self-employed in this space and it's quite beautiful. I encourage you all to go. Um, the economic development committee met on October 20th with the owner and is recommending the approval of the lease subsidy grant. However, following the economic development committee meeting, staff realized that the committee's recommendation does not comply with the provisions of the city's economic development ordinance. So the committee's recommendation was 20% the first year, 30% the second year, and 10% the third year, which does not align with the guidelines of the grant. The ordinance follows allows, excuse me, up to 30% the first year, 20% the second year, 10% the third year. Staff is requesting that city commission determine the appropriate award to the applicant in accordance with the ordinance and my sincere apologies for the error. Miss Gonzalez is here if you have any questions. Nancy, the only question I have and I think this is a bigger issue and you

know I want I know that you're our representative along with Commissioner Card. So you know originally when we did this what we were going to do this before a business opened it seemed like last maybe one two or three we've done it after the fact I want you know somehow for us to do some investigating going back where is the breakdown I know that they have to come to the city for you know business license going there so you know I don't want answers tonight but I want to know going forward what can we do to resolve this because if somebody applies two months after they open or six months after you know where we're where is the breakoff point? So, I'd like that looked at. And then one other thing um and it has nothing to do with this, but it's um is it was it the coffee shop that we paid one or two months rent before they even open the doors? So, um what can we do? So, I want your suggestion, Commissioner Cards, what can we do to change this that we do not start to pay until they open the door and that we do this at the beginning. So, we'll bring back something.

Okay, great. That will that will be perfect. Um, I had an opportunity to meet the business owner. I have not had the luxury of going down yet, but I heard that it's beautiful. Um, so, you know, before we go any further, resolution or economic subsidy grant, is there anyone in the audience that has any discussion on it? Okay. If not, um, anyone here, Commissioner Card, do you do you agree with some of the things that I'm saying on that? I agree with everything. Okay. Yeah. And what we thought was 20, 20, and 20. Isn't that what we were? I think you were doing 20 3010. We go up to 30. Okay. 20 3010.

Is it up to the commission's discretion how we place that? Okay.

Um, so again, you know, remember, let's let's go way back. You know, we started this when I first took over as mayor here because I came from a business background that I wanted to try to encourage b businesses to come into the city. Everyone would talk about the west side. So, we tried to come up with um what would entice people to come into the city and we had three things that we could do. The first one was this lease. One of them was um I think it was up to 10% and a $20,000 figure on what we would pay for either renovations. I think Chris, you got some of that at Milliey's. Uh we did away with that. And and then we also had a um a um alternate alternate tax relief for some larger projects. So what we would do if they qualified was they would have to pay the tax and then we would give it the Daytona sheet shores. So we did away with that. I think those are three or four years ago. So all we have left is a lease. So it's probably now that you know again lessons learned that we relook at it and you know I know you'll be an intricral part of that. So I appreciate it. So um right now is there any questions for either our director or the applicant? Okay. Okay. Seeing none, do um do we just need a consensus on this or an actual vote? We need an actual vote and I believe it would be the amendment to meet section 10-13 of the code which is 30% first year or up to 30% first year up to 20% second year up to 10%