City Commission - Regular Meeting

Good evening everyone. It's just so wonderful to see everyone today. So I am calling this meeting to order. Daytona Beach Shores City Commission meeting of December 2nd, 2025. Calling it to order at 6:00 p.m. So Sher, can you take a roll call, please? Mayor here. Vice Mayor Fletus here. Commissioner Card here. Commissioner Thomas here. And Commissioner Dinsky is excused. Thank you. for Bob.

Good evening. I invite everyone who's able to stand and join me in this invocation. Gracious and guiding God, as we gather this evening, we give thanks for the many accomplishments and blessings our city has experienced throughout 2025. We are grateful for the dedication of those who served Daytona Beach shores with skill, compassion, and a commitment to the common good. As we enter this season of light, renew in us a spirit of hope, drawing us closer to you and to one another and strengthening the bonds we share with family, friends, and neighbors. Open our eyes to the new opportunities awaiting us in the coming year and grant to this commission wisdom to serve with integrity, fairness, and vision. Bless this meeting our leaders and all who contribute their gifts to the flourishing of our community. And may your light guide our decisions and inspire our path forward. For this we pray in your holy name. Amen.

Amen. Reverend Bob, before we start the pledge, can you tell us what special events you might be having at the drive-in? So, the drive-in church is getting ready for our gosh, probably the 16th year of uh No, it's got to be more than that. Maybe 18th year of Drive-Through Bethlehem. Wow.

We invite the community to come out and uh share in that time with us. will be offering drive-thru Bethlehem uh beginning Thursday, December 11th uh through the 14th, Thursday through Sunday from 6 to 8:00 p.m. and uh to enter off of A1A. And as soon as we light the beautiful Christmas tree outside and that banner comes down off of Dunlen, you'll see the banner uh for uh the event up over Dunlen as you enter the city and leave the city as well by that way. And is it free admission?

Free admission. and uh just come and en enjoy the story of Christmas and uh and the beauty of uh our evenings by the shore here in Daytona Beach Shores. Thank you so much, River. Thank you. And we have a special treat today. Before we start the pledge of allegiance, I would uh like to introduce to you a second grader at RJ Long Street. That is Willow Shaw. Willow, can you please come up? Willow, thank you so much for doing this today. So, we're gonna all stand and you lead us and then we'll chime in. Is that all right? Thank you.

Okay, Willow 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. And before we start with the awards, I want to make sure um as Reverend Bob announced Drive-Through Bethlehem, we also are going to have a special occasion. So this Sunday, December 7th, starting at about 5:00 p. p.m. about 5:00 p.m. we're going to have our Christmas tree lighting back there. We're going to have Santa and we'll have hot chocolate and cookies. So please have your mom and dads bring you out. We would love to see you. Thank you. Okay, so we're gonna come on down now. So, this is for any of you that are new here. We have adopted R.J. Long Street with Miss Jane. She is so wonderful in this art program. So, we're going to be giving out some awards tonight to some of the um what grade do we have today? Miss

Kindergarten through second. Kindergarten through second. So, we're going to all come down and uh give you some awards and then stand still because Miss Nancy will be taking some P. No, I think Miss Maddie will be taking pictures of us. All right, we'll be right down. Come on. You come with

Yes, you come too. You want us here? Yeah. Or no, on maybe on this side too. Yeah, maybe over there. And shake their hand. Okay. We're going to start with Miss Ailia. Jesus. Hold it like this. And then those nice gentlemen over there also want to congratulate you. So you just walk along and they'll shake your hand. Congratulations. Good job. Very good job. Congratulations

award. Good job. Hi. Congratulations. There's your award. My hand. All right. And if you go down and those gentlemen want to do the same Willow, excuse me. Appreciate it so much. Can you take a picture of me and Willow? I would love to. because she was the one that did the pledge.

You did a wonderful job. I want to congratulate you. Congratulations.

Congratulations. Here's your award. If you just want to go down, they want to congratulate you as well. Congratulations. Nice job, Stella Perkins. And here is your award. Congratulations. Thank you. Good job, Brewer. Thank you so much for coming. Congratulations on your award. You did a wonderful job.

Gentlemen want to thank you as well. Congratulations. Great job. Great job. Congratulations. Here's your award. You're welcome. Congratulations, James Abella. Hey, you're my first fellow. If you want to come down there. Oh, this way. We want to congratulate you, too.

Yes. Maddie, how do you want us all around here? We usually do. I'm going to take some of the shorter ones and put them in the front. Madam Mayor, you want to move right in the middle here, please. Thank you. You want us to be more centered here? I would love that if possible. All right, guys. We're going to scoot all the way down. Okay. All the way this way. Kind of cover up the uh right over here. And you follow her and come over a little bit more.

And then will you do me a favor? Will you come right here? Come right up here. Good job. And you follow me right here. Come right here. Perfect. Come over here. Right there. And you'll come right over here. And can I have you two swap here right in the back? Perfect. All right. Mommy, am I blocking you? All right, everybody hold your rewards and look at me. Smile. One, two, three. Hooray. Everybody hold still for moms and dads.

Don't cover your faces. No cover. No. Now you're covering your face. Thank you. We have one more. Hold still. I think we have another classmate. An award.

Special award. Start over. Congratulations. Just wave to everybody. Good job. Good job. Right there. All right, everyone. We're going to take one more picture. Okay. Big smiles. Big smiles.

All right, everybody smile. One, two, three. Thank you. Congratulations everybody. Congratulations. Thank you.

Hey, is everyone staying? We'll go on with the meeting. Thank your Here's your paper. All right, guys. Come on down this way. Hi, moms and dads. Thank you. Thank you. Merry Christmas, but I don't see you. Oh, I love Good job. You're so welcome. Good job.

Great job. I know behind your wall.

I think Sherry's getting This is Christmas time. No, but I don't want to be. Oh,

okay. Um, I'm going to stand down here for the second presentation. So, this is award that we do every year. I started to get some background on it and we start doing this in 2018. This award is called the um Let me have the the doors first.

Thank you. Thank you, officer. This award is called the Ralph Willer Volunteer of the Year Award. So, this is a very, very special award. It's one of the few we give out in the city. It's a very prestigious award. Um, I never had the honor of knowing Ralph, but I have heard so much about him. Ralph was a stellar in our a pillar in our community. Um, that just was so active that the council in 2008 was so happy with him that they wanted to name a annual award after him. So, Marilyn, can you come up? This is um Ralph's wife, Marilyn Wheeler. AND WE'VE DONE THIS EVERY year since I've been here except the first. We had a little snap there. But anyway, um we have done this every year and the recipients this is someone that we think long and hard about who serves on the boards. We don't have that many boards left. So I'm happy to say too that the recipient tonight, the husband is on our um P&Z planning and zoning. But what really warmed my heart and the reason why I want to give this award on behalf of Marilyn and Ralph and her son Bob and um David, this Ralph Willer award is um if you could come up Chuck and Denise, can you do us the honor of presenting it? So this award, so what Chuck and Denise do, Chuck has served on our board for how many years has it been? Six. Six years he's been on our PNC board. But really what I want to talk to you about this evening is what these folks do for us. Um, you know, we get candy brought

up, we get popcorn. Um, they just care about the city. They've only been in the city since 2018. Is that correct? But what I hear in their heart constantly is how much they love the city and appreciate the city and they certainly show that um meals at public works bringing things down to our public safety but more than that supporting each and every one of us on the commission and on the staff. So Marilyn on behalf of Ralph Willer award would you please support give that

I'm honored to give this to you and I want to thank the city for this wonderful award in my husband's name. Congratulations. Thank you so much for all you do for the city. My husband would have loved giving it to you. Congratulations. Commissioners come down for a picture. You stand right here. Congratulations. like hide the

We're gonna have you scooch just a little this. We're gonna try and hide this. I'm sorry. Yeah, lean on that. That might

All right, everyone. Look right here. One, two, three. Thank you so much. Congratulations again.

Very well. Excuse me. Yes. Oh, yes. Yes.

All right. Good. All right. We'll see you then. Thank you. Thank you again. Let's give him another round of applause. Okay, next do we have Jordan Snipes in the audience? Jordan. Okay, Jordan is here on behalf of Speak Up Tomorrow. Needs you.

Good evening, Mayor Council. Dave, uh, I just want to come each year. This is our fourth year in a row that we've done this. We do a giant 22mi walk for veterans and first responders each year in September. And you guys have been blessed to uh help me out and make sure that everything has been safe every year and provide some officers for oversight for the traverse of the 22 miles. The officers have a long day. Um it's about 10 hours that they're doing 1 mile an hour in a car. Uh it's it's pretty miserable, I'll be honest. Um, but they stick it out every year with us and we want to come and recognize them as well as uh uh Lieutenant Swanson as well because he came out and put a display with your guys' um equipment and everything like that and talked to a lot of people and really put the shores on a public display and made made you guys look amazing. So, I want to just bring them up, tell them thank you and uh I appreciate it.

Thank you. Those are beautiful. Wow.

Can I have you all shift just a little bit, Jordan? So, you're in the very center. Thank you so much. All right, everyone. One, two, three.

Jordan, thank you so much for being here today. We appreciate appreciate that. Actually, can we see the plaques? Yes. Can we see those? Very nice. Wow. Wow. Jordan, did somebody make these? That's the officer's name on it. I'm sorry. Very nice. Congratulations. Beautiful. Congratulations. Thank you.

Bye now. Okay, thank you for your patience. So, now we're going to go on to the approval of the minutes, the city commission minutes, November 4th, 2025. Do I hear a motion to approve those minutes? I'll move. I'll second.

Thank you. Any discussion? Any changes to those minutes? Not. Sherry, can you take a roll, please? Vice Mayor, Vice Mayor, didn't Hold on. Okay. Thank you.

Okay. And that passed 40. Thank you. We're going to go on now to our consent agenda. We have seven items tonight on our consent agenda. Do I hear a motion to accept those seven items or do we need to pull anything for discussion? Also move. Thank you. Second. I'll second.

Thank you. There's no discussion. Sher, can you please take the the uh role on those and the consent agenda passed 40. Thank you. Next, we're going to go on to old business and uh this is ordinance 2025-18. Attorney Waters, can you read that for us, please?

Certainly, Madame Mayor. This is the second reading of ordinance 2025-18, an ordinance of the city of Daytona Beach Shores, Florida, relating to city boards, commissions, or committees providing for the amendment of section two-8 of the city code of the city of Daytona Beach Shores entitled general provisions relating to city appointed boards, commissions, and committees and appointments 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 process 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 scrier's errors, providing for severability, and providing for an effective date. And again, that was the second reading. Matthew,

thank you. Do I hear a motion to accept ordinance 2025? Madam Mayor, can I be heard on one? Certainly. And I I apologize for not catching this on the first reading, but one of my concerns is, and I'm sure um Attorney Waters can address that is the word commissions in this. Um my concern is I just don't want anybody to confuse that. I understand what they're saying, but with this body here, what would you like a change to, Commissioner?

Well, if um I don't know if we can say not including uh the legislative body or just having um or any other uh appointed boards, that's a little more cumbersome. But do you have any suggestions for us based on his comment? Uh Mr. Cons, can you give me one uh example? of what we could change it to. Yeah. Or or show me one one place where just in the in the ordinance itself it mentions commissions. So I just and again it's plural. So you know I I I just don't want anybody to confuse that word commissions with the legislative body. I understand.

And that sec I think it's the second sentence in that or we can remove it. Yes. Or or just substitute something. I think if we just removed it. I don't Do you feel it's necessary in there at all because it's the city boards or committees? I think I think it'd be fine to remove it. So um and we can make that change on second reading. So if you'd like to do that, would you do that? So if you would like to uh have a motion to um to remove that. Yes. To amend that and then we can vote on that. I'll move to amend ordinance 2025-18 to remove the word uh commissions. Um and I think it's it might be in more than one location. So

that I'll second it.

Thank you. Okay. So right now uh before we go into discussion, I see a Mr. Lonnie Groot signed up to uh speak tonight. Is Mr. Groot in the audience? Mr. Groot's not in the audience. Okay, then uh we'll go on for discussion. So, we have a motion right now and a second. Any discussion on this item? Okay. Is there anyone else in the audience that would like to speak on ordinance 2025-18 that did not sign up? Okay, seeing none and seeing no discussion, Sher, can you take the vote on this, please? And this also passed 40. Thank you. Okay. Next, we're going to go on to new business. And this is a resolution 2025-23. Um, and this is exempting Daytona Beach Shores from the requirements. So, I think our city planner will talk to us about this. And um I don't know if you remember this last um this was something to do what was called live local last year. It wasn't approved in time or we didn't have the document soon enough that we had to have a special meeting. I think it was the Thursday or Friday before the Christmas week. Luckily, we found out from attorney Waters and Attorney Vos that we could do it this way. So, that's why we're doing it this evening. So, thank you very much. Thank you, Madam Mayor, Vice Mayor, City Commissioners, Gwen Christine, Daytona Beach Shore City Planner. For the record, the purpose of this resolution 2025-23 is to allow Daytona Beach Shores to opt out of a specific tax exemption implemented by the Live Local Act. As

you're likely aware, the Live Local Act was adopted in 2023 to increase Florida's supply of affordable housing. In addition to state preeemptions of certain land use and zoning decisions, the live local act implemented multiple property tax exemptions to further this. 2024 legislation authorized taxing authorities to opt out of one specific exemption under certain circumstances. When a surplus of affordable housing exists for 0 to 120% area median income household in a given local juris jurisdictions making up that area may opt out of one tax exemption specifically for new family rental developments for 80 to 120% area median income households. Determination of whether a surplus exists is made by the Finnberg Center for Housing Studies and is released typically mid December in an annual report. As you may recall last year, as Madame Mayor mentioned, the a special city commission meeting was held on December 20th to act on this data as a deadline for transmitt of a tax author's opt out is January 1st for the upcoming tax year. Approval of resolution 2025-23 will allow Daytona Beach Shores to opt out as described if the if the Shinburgg annual report demonstrates a surplus for our area in George County and staff is recommending approval of this resolution as it's presented. And attorney Waters, anything else that you need to read for us or was this

sufficient? That's that's a sufficient explanation. I can read the short title if you like. I would like. Okay.

Uh this is resolution number 2025 23. And this is a resolution of the city of Daytona Beach Shores, Louisville County, Florida, pursuant to section 196.1978 PN3 PN0 Florida statutes, electing to not exempt property from adalorum property tax under section 196.1978 per 3D1.A A Florida statutes commonly known as the live local act property tax exemption providing for incorporation of recital required findings direction to the mayor direction to the city manager applicability severability and conditional mad mayor.

Thank you. I hear a motion to accept resolution 2025-23. So move second.

I'll second. Is there anyone in the audience that would like to discuss resolution 2025-23? We do not see that we had any speakers but is there anyone that would like to talk about it? Okay. If not if there's no further discussion from our dis sh you take a role on that please and that passed 40. Next we're going to go on to the 2025 concurrency management report. Director Cruz Thank you, Madam Mayor, Vice Mayor, Commissioner Mr. Community Services Director for the City of Dayton Beach Shores. Commissioners, this item that you have before you at the moment is the 2025 concurrency management report for public facilities in the city of Region Beach Shores. This is a requirement under section 3-7 of the city's land devel. The report shall identify the degree of any facility deficiency and the impacts on future development orders within the city. So the public facilities that are evaluated and required to be evaluated under the concurrency management regulations within the city's code are roads, sanitary sewer, solid waste, storm water drainage, portable water, recreation, open space, and public schools. So what exactly is concurrency? So section 2-2 of the code defines concurrency which is basically consistent with Florida statute

supported code and the city's comprehensive plan as a condition where specified facilities and services have or will have the necessary capacity to meet the adopted level of service standard at the time of impact of a development project. So what does that mean? Basically what that means is whenever a new project comes online after it has been approved by the commission after it gets it building permits and it is ready for a co and people are ready to inhabit that particular uh uh development that all the public facilities that I just mentioned have the capacity to accommodate the impact that are associated with that new development. So for example, if a condo is going to come online um say in 2028 u and it's going to generate 100 new trips to the road network, then the concurrency principle and regulations require that that road network the design capacity of that road network is able to accommodate not only the existing volume but the additional 100 uh trips that are generated by that particular development. So staff, every time a site plan comes in or any type of entitlement comes in for evaluation to the city, staff goes through a checklist and we essentially analyze that project, the impacts of that project with all of these public facilities. And for the purpose of this report, um I've tried to summarize essentially what the current standing um is for all of these particular facilities. So this is a simplified version. If you if you've seen the the staff packet, you'll see the report that's actually in there has a more complex and and more detailed probably ownorous uh uh report to to look at and and spreadsheet. So, when it comes to portable water, roads, sanitary sewer, solid waste, which um here I have class one, class one is essentially your everyday household trash um and stormwater drainage. The analysis that was done by staff concludes that there is adequate capacity. So, I can go over any of this in detail if you want to.

Um, because this is all enjoyable five feet that I love, but I I I warn you not to tempt me. So when it comes to public f schools however um RJ Long Street Elementary School has a surplus of capacity but when it comes to Silver Sands Middle School, Atlantic High School and Spruce Creek High School, all of which serve the city of the Shores on paper there's a deficiency for the last three and I say on paper because the Valia County School District has installed temporary student stations um scheduled future classroom additions and also made programmatic changes. is basically accommodate these deficiencies that are identified on paper. So the way the public school system looks at capacity is through what's called permanent student capacity. So essentially um if there's not enough seats in a particular school facility relative to the population of of student population that is associated with that particular zone, then it would be classified as a deficiency on paper. However, when you add portables, I hate to use that word, I apologize, but that's essentially what a temporary student station is. And when you add programmatic changes and future classroom additions, you'll see that um from staff's opinion and also the school district's opinion um that adequate capacity exists. The final public facility that we typically analyze and is required to be evaluated in this report is a recreation and open space um facility. I call it a facility, but essentially there's 12 amenities that are that have to be analyzed. And so playgrounds, neighborhood parks, uh comm community parks, tennis courts, community center, exercise trails, we basically have all the required number that is in our land development code and our comprehensive plan um relative to the level of service that's required.

Sir, may I ask you why pickle ball wasn't on there? Pickle ball is not there because it's not one of the the the the the amenities within the the open space and recreation space requirement that should be evaluated in order to bring in a new development. So when a new development comes in, there's a certain demand on public infrastructure, public services, public facilities that have to be evaluated. And at the time when the code was written and when the comprehensive plan was written, pickup ball was not a thing. And so there was no need to add it in as as a requirement for evaluation of a new project coming into the city. But um you'll see in a little bit that I am suggesting that we look at the level of service for um all these amenities or at least the ones that we'll come next um because they're a little bit outdated. So the last six amenities that I mentioned earlier um out of the recreation open space um public facility that has to be evaluated include children's play area, baseball, softball field, a nine hole, golf course, football, soccer field, swimming pool, nature trail. So you'll see in this in this chart here and you'll see in the larger chart that I have um in the staff report that on paper again there is a deficiency. However, staff's opinion is that there is adequate capacity due to the population demographics and land availability compared to the level of service standards um that we have here in Daytona Beach Shores. Staff has concluded that there's no need for the additional amenities. In addition to that, the recent parks and recreation uh master plan that was approved um by the city commission also noted that essentially the level of service standard that we have for these amenities are a little bit outdated and they're not consistent with the national average that we have and essentially that level of service standards meaning how many facilities you should have per population or whatever have you um based on the the generation um or impact of a development that it should really be

based on needs of the community and not some factor out there that was pulled out based on the 1,000 per population or one per 20,000 in population or whatever have you. So staff's conclusion is that uh the capacity exists for all of these um amenities even though on paper it shows that it's not and so as I just mentioned staff is concluding that public facility has in they can be shores that are required to be analyzed in this report and analyzed for any new de development the capacity exists. So based on the city code, the evaluation that's done through this report, staff is concluding also that because capacity exists that there's no need to recommend a schedule of capital improvements for public facilities capacity. In addition to that, staff is also um has also determined that there's no need for a moratorum on future development. So this is all about future development, right? So when a future development comes in, is there adequate capacity whenever development is CO? The development is COed. However, staff um as I kind of alluded to earlier is suggesting that some level of service standards require re-evaluation for relevancy consistent with staff's analysis and also consistent with the parks and recck master plan which as I mentioned earlier has deemed that some of these level of service standards are a little bit too high. They're outdated and not relevant. So, um with that, I'll take any questions that you may have. You have any questions?

So, what are you looking or was this just more or less for information or are you looking from a no action required? No action. So, if if there was if there was an actual deficiency um to any of these facilities from a capacity standpoint, then staff would would be obligated to recommend what's called a schedule of capital improvements. Basically, you know, we would have to have something in the budget, you know, for a capital improvement program to essentially address that potential future deficiency. And also as required by the code, the city commission would have to consider a moratorum in future development because it doesn't exist. Did you tell me this was something we need to do yearly? Yes. Is it always this month and December this year? Okay. Looked vagely vaguely familiar.

Okay. Is there any questions for our director Cruz? Madam Mayor, yes. Director Cruz, as we go with potential future projects, these developments, especially the the new condo that's going to wouldn't be constructed. Do we enter into negotiations in the event there is a deficiency to have the developer either fund part of it or all of it in anticipation of being a deficiency?

Absolutely. Absolutely. So, whenever a development comes in, we do that analysis to determine if that negotiation has to even occur. And um I should say thankfully um we have almost a thousand units, I believe it's 950 or so that are in the pipeline. staff has already done the analysis and we have adequate capacity for all the facilities that are outlined in this report and in the city's common plan and landl are concurrent. Excellent.

Great. Thank you so much. It was a very comprehensive update and I know even in here you have went a level deeper. Give us a lot of information. We appreciate that. Thank you. Next, we're going to go on to the new item for um new business, and this is um individual petitions filed by resident Lonnie Go. And I am going to now turn Lonnie Groot and turn this over to our um attorney, attorney Waters. Can you take this, please?

Certainly, Madame Mayor. We have before you four petitions filed by Lonnie Groot uh pursuant to section 2-3 of your code. Um, it's important to point out that the petitions do not require any action beyond receiving the petitions and making them part of the agenda. So, unless there is a motion to discuss any of the petitions, no action is required. Um, so first I'll tell you the procedure how we're going to go through this or how I'd recommend we go through this. Uh, first I will read the subjects of the petitions. Um, next I will actually read a memorandum of law that addresses the fourth petition and then next I recommend that we go into public comment and everyone would get their three minutes of public comment as usual. Um, so um the first petition is to designate the day after Christmas as a paid holiday and provide loyalty award uh to public safety employees. The second petition is for the city commission action relating to policies pertaining to commissioners relating to attending and voting at meetings. The third petition is for city commission action relating to enh enhancements to ethics and city government. And the fourth petition and final petition is for the city commission action relating to absence of commissioner Deminsky from the office as city commissioner and payment of commissioner Denithky while absent from office. And based um on that fourth petition we have a memorandum of law that was prepared by Becky Bose of my office that I'd like to read.

Certainly we would like to hear that.

Okay. And this is a memorandum again prepared by uh Becky Bose on sorry Becky Bose uh who is the uh acting city attorney. Uh it's dated November 24th, 2025. Uh the subject is petition submitted to Mr. Lonnie Group concerning a vacancy in the in the office of commissioner Steven Deninski. Okay. This memorandum is provided in response to petition for city commission action submitted by Mr. Lonni Garut dated November 22nd, 2025. The petition asserts that the city has been far less transparent regarding the circumstances under which con commissioner Steven Dinsky vacated his office and poses a series of questions seeking clarification. Because the petition will appear on the commission's agenda pursuant to section 2-3 of the city code is appropriate for the commission to be provided with a clear and accurate statement of the law, the facts, and the city's actions. This memorandum provides that explanation in a comprehensive and orderly manner and responds to all the issues raised. Commissioner Steven Ditzky provided previously served as the city's public safety director and was subsequently appointed then elected to the Daytona Beach Shore City Commission. Earlier this year, Commissioner Disitzky was approached by the Florida Police Chiefs Association and asked to serve as Dade City's acting police chief while that city conducted a search for a permanent chief. Commissioner Dan Bitsky accepted that temporary appointment and good faith and without understanding of the legal consequences that accepting such a position would have on his office as city commissioner. Commissioner Damisky was under the mistaken impression that he could not

hold another office in Daytona Beach. He did not realize the prohibition was statewide. Now under article 2 section 5A of the Florida constitution a person may not simultaneously hold more than one public office and acceptance of a second public office automatically vacates the first. The position of acting police chief of date city is beyond dispute a public office. As a result commissioner Dmbisk's city commission seat became vacant at the moment he accepted the date city appointment. And this occurred automatically by operation of law. Commissioner Daninsky did not submit a resignation because the law did not require or permit him to do so in the vacancy to occur. At the time he accepted the date city position. Neither commissioner Daninsky nor the city of Dayton Beach Shores was aware that the constitutional pool office prohibition had been triggered. The city did not receive notice from date city regarding the appointment, nor did the acting chief position status as public officer come to the city's attention until it was later reported by the police union in Date City. Upon receiving this information, the then city manager promptly informed Commissioner Danitzky who immediately terminated his service in Date City and cooperated fully in correcting the matter. second page. Because it was not known that the vacancy had occurred, Commissioner Danitzky continued to receive his regularly budgeted commissioner stipen during the period in question. During this time, Commissioner Danitzki duty attended every city commission meeting since he did not realize that he had ceased being the city commissioner by operation of law. Once informed of the constitutional vacancy, the then city manager appropriately advised Commissioner

Damisky that he should return the compensation received during the period in which he was technically not a commissioner. Commissioner Den Diski acted cooperatively and in good faith throughout the process. Following notification to the city attorney's office, an ordinance was drafted to clarify the city's vacancy filing procedures and ensure that future vacancies could be accommodated in a manner consistent with the city's transition to one meeting per month with state election law. The resulting ordinance, which is ordinance 2025-06, was duly adopted by the city commission on two readings and full compliance with the law. The Florida Constitution provides that dual office holding is prohibited and that acceptance of a second office automatically terminates the first office held. This vacancy occurs by operation of law and does not require a written resignation and acceptance of a resignation by the city or any formal action by the city commission. Section 2- or 2.05 of the Daytona Beach Shore City Charter governs the filling of vacancies on the city commission. At the time of the vacancy created by the dual office event, the charter required that vacancies be filled within 30 days by appointment or mailing appointment by special election. Ordinance 205-06 amended the charter to allow 60 days for purposes of clarity, consistency with state law, and administrative functionality. The city had full authority under sections 100.3605 and 166.021 perfor statutes to amend its charter in this manner without referendum. The attorney general opinions cited in the ordinance further confirmed the city's authority to adopt such an amendment. The city followed all applicable law. The vacancy occurred by constitutional mandate, was handled promptly and

correctly once identified, and the charter amendment was legally adopted. The petition poses several questions, each one each of which is answered here. First, with respect to commissioner Dinsk's cease to be a city commissioner, the vacancy occurred at the moment he accepted appointment as acting police chief of gate city. From that moment forward, he no longer held office of the city under article 2, section 5A of the Florida Constitution. This means that he did not resign, nor did he abandon or vacate the office in the colloquial sense, rather the seat became vacant automatically by operational law. Second, because the vacancy occurred by constitutional mandate, Commissioner Daninsky did not submit a resignation to any city official. Accordingly, no resignation letter exists, nor was required. The city manager was the first city official to become aware of the dual office circumstance, and the manager promptly notified Commissioner Danitzky. Commissioner Danitzky immediately ended his service in Page City. Final page third, regarding whether Commissioner Damky lost his office due to the dual office prohibition. The answer is yes. This is the direct and unavoidable application of the constitutional provision. Fourth, the question of why Commissioner Danisky continued to receive payments as a commissioner is answered simply by the fact that the city and Commissioner Daninsky were unaware that a vacancy had occurred. Once the matter came to light, the city manager immediately addressed the issue and appropriately advised Commissioner Damisky that the payment should be returned. This corrective action began promptly. Fifth, the determination that repayment was necessary was made by the city manager consistent with ordinary municipal fiscal practice and the requirements of safeguarding public

funds. Six, the message by which the vacancy was communicated to the mayor and the city commission by the then city manager was verbally to each commissioner following verification of the dual office holding concern. The matter was subsequently addressed by the drafting and adoption of orders 2025-06 which clarified the vacancy billing procedures moving forward. Seventh, the request by commissioner Daniski to be considered for reappointment to the commission was likewise communicated verbal verbally to each city commissioner. No special procedure is required by charter for such a request. Eight. The a the application or appointment process used to fill the vacancy was the process required by section 2.05 of the city charter. That section provides for appointment by the city commission within a specified period or failing appointment for the calling of a special election. Ninth. As to scheduling meetings, the charter does not require special meeting at any particular time for purpose of addressing a vacancy. In light of the city's recent transition to one regular meeting per month, the administrative practices of the city and the amendment adopted by ordinance 2025-CR6. The timing of the commission's consideration of the matter was lawful, appropriate, and in full compliance with both the charter and the clarified procedures. the circumstances surrounding Commissioner Damitzky's accept acceptance of the acting police chief position by Date County and the resulting constitutional vacancy of this commission seat were handled promptly, lawfully, transparently by the city once the issue was discovered. Commissioner Daninsky acted in good faith and without intent to violate any law and the city likewise acted responsibly once. Final paragraph. The charter amendment

adopted as ordinance 2025-06 was entirely proper, supported by state law and attorney general authority, and was implemented to include clarity, administrative functionality, and the orderly handling of vacancies. The city's actions in this matter were at all times legal, appropriate, and undertaken in the best interest of the public. And mayor, that concludes the memorandum. That concludes the introduction of the petition. So now I recommend that you go to public comment. Okay. And I do not see the petitioner here. So is there anyone else that would like to speak on this item?

Seeing no one, do I need to ask for a motion for discussion? Uh yes, if anyone. Okay. Do was there anyone that would want to discuss this? I'd like to say something. Yes, sir. Vice Mayor,

first of all, I I appreciate the time and effort that went in for Mr. Groot to prepare all this and submit it. You know, everyone's opinion is valued, respected, and considered, but we consulted with our city attorney. We've always had the best interests of the citizens in our community. So, when it came time that we all realized it, we did it transparently, suing to the law. And I got to commend our city the city attorney and and her staff for guiding us through this. It was something of first impression. It was a little gray area in uh this dual uh position thing, but it was uh the monies were refunded and everything uh was done above board and there was always an inclusion of anyone from the city that wanted to make a comment or opinion. And again, Mr. Groot's opinion is something we take into consideration and I believe we've acted accordingly especially with the other petitions. We do everything by the book. We got a city attorney who's crackerjack and just really guides us and um we do everything for the best interests of everyone. So uh you know we all saw the article in the paper and for those that didn't it doesn't matter but be that as it may as we your representatives be answer to you. So, we thank you for your continued confidence in us and um thank uh Attorney Waters for the presentation of the memorandum of law. Well done.

Thank you, Attorney Waters. Um can you please pass on our thanks? I think we have already. But if um Becky wrote this, it was so well written. It was easy to understand and I took I see that she put a lot of time and effort into this very detailed that I think should be very clear to everyone in the public as well as us. So please tell her. Thank you. I certainly will m All right. See seeing is there any other discussion? Anyone else want to discuss? If not then we are going to move on to the city attorney comments. If you have anything left to say after all that. Mr. Mayor, I'm out of breath and tired and I have nothing to report.

Okay. Thank you. Now, we're going to go on to our city manager, our interim city manager, city manager Fowler, what do you have for us this evening?

Several items for you, Madame Mayor. Uh first, I want to let uh the commission know that uh staff's initiated a review of all of our policies as they pertain to our internal operations. Thank you for your approval of the three tonight uh that were on the consent agenda. Um One of those uh was related to uh the use of PE cards. And I want to let you know that each department head in conjunction with our finance department has reviewed it in its own policies uh with the usage of the PE cards and we found that there were no improper purchases. Um the auditing of these cards has always been an ongoing uh program that we keep. Each department audits every single transaction that's made and then that goes to the finance department who also uh checks every one of those transa uh transactions and we're confident that the strict controls that we have in place now are sufficient to uh protect the integrity of the process. Um let you know that our public safety department was the subject of a spot inspection by the state department of juvenile justice. Um, we're required to adhere to very strict procedures when it comes to juveniles. And although this was an unannounced inspection, I'm happy to report that we uh received a perfect score on that. Um, the sewer repair that we talked about at the uh meeting last month has been completed. You should note that all lanes of Atlantic Avenue across from Wind Dixie are now open. Um, following that, I met with our sewer department, uh, Supervisor Alex Schwab and his staff, and I I want to tell you that although we have a very, uh, dated sewer system, it is maintained exceptionally well. And, uh, I was really impressed

with the pride that those gentlemen take and the work that they do. Uh, they took me to our master station, which in my 33 years in the city, I'd never been to. And telling you, It's not what you would think of a sewer station. You could eat off the floor in that place. They do such a great job. So, I was really uh really happy with them for us, please.

Absolutely. I sure will. Um I know that there's been a lot of talk about eliminating property taxes for non-homesteaded properties, and I want to bring this up in case that uh any of you have the naive that I did. Um I know that we have a very low percentage of our properties that are homesteaded. So I didn't think that that would be that big of an impact on us. However, um Director Irwin has um run an initial analysis and the last update I had there were six bills that had already moved through um committees and um she took a look at that. If you look at our entire budget and you remove capital from it, then you have to remove public safety's budget from from operating because these bills do not allow us to lower the public safety budget if they get rid of the uh unsteaded property taxes. We're looking at uh 11.1 million is what our operating is left over. Then um if if these pass, we're looking at losing 2.2 2 million dollar in advorum taxes, which is 19.8% of of our operating. So, if that is to take effect, we're going to have some very difficult decisions to make uh following. So, I just want to make everybody aware of that because I know there's a lot of excitement behind that for some folks, but I want everybody to understand the way that's going to impact Daytona Beach should it happen. Director Irwin could correct me if wrong I'm wrong, but I think 43% of our revenue comes from property taxes. Isn't that right?

Um, so, so I want to address a couple things you talked about. So, I'm going to be going to a legislative conference leaving tomorrow right after coffee with the mayor. And one of the things we're going to do there is um we're going to have a guest speaker talking about property tax, what we can do. But, and I'm going to ask, you know, I I do a lot of advocacy, but every one of us has a wonderful relationship with our uh legislators, our senators, and our representative. Please reach out to them and let them know how this will personally negatively affect us. This is about advocacy. This is about working with the Florida League of Cities for our lobbyists to go up there so that they know what is happening in the cities, not that they're up at that level and don't understand that. So, I do want to let you know from looking at the agenda for the next couple of days, we're going to be throwing a lot of um eyes on that. So, we'll do whatever we can this week. And then as far as the pecard goes, um you probably heard in the news there was one city in Valuchia County that had um a lot of discrepancies or overuses in pecards. So I immediately sat down with the uh city manager and our director of finance went over who has PE cards, what do they need, and I was 100% satisfied that everything that we do was on the up and up. I knew that to begin with, but I just wanted to make sure that's what happening. So I can assure you on that. So, thank you very much. And anything else for us?

I have one other item. I would ask for consensus uh on staff's plan to uh bring forward an RFP for an economic development plan. I mentioned that uh at our special meeting last week, staff's been working hard to put together um RFP. It's going to take us a few more weeks. We want to make sure that we have everything in place uh that's going to give us the best opportunity to move the city forward. But before we do that and finish the work, um just ask for consensus that that the commission supports that and then after the RFP comes back and committee together to to bring you a recommendation, we'll bring it back for your final approval.

Okay. So, all in favor of moving forward for the RFP on the economic development plan, please signify. I I Any opposed? I hope you're good to go. Thank you very much. We'll move forward and that's all I have. Okay, great. Thank you. Any comments um on what our city manager reported to us? Any questions or any clarification? If not, we're going to go on to commission comments um tomorrow or coffee with the mayor. This will be one that we do not have a guest speaker. It is going to be a fun holiday uh celebration. Our director Maddox has is it a cor who is coming to

Daytona Beach Coral Society.

Okay. Thank you so much. So, so what we want to do is just be there enjoying the holiday season, enjoying our friends and family and neighbors. So, please come out. We're going to have light refreshments. We're going to sing some Christmas carols. Just going to be a wonderful time. Thank you, um, Director Maddox for arranging that. I appreciate it. It's, um, also come in your most festive attire to kick off this holiday season. Um, our Christmas tree lighting, as I had mentioned before, is going to be December 7th, 20 um, at 5:00 p.m. And we had to cancel Daniel Saxman Fukqua um, one time this summer because of rain, but um, he is going to be there. and if you've ever um listened to him, he is just fantastic. So, I'm really looking forward to that. We're going to have Santa Claus, face painting, hot chocolate, cookies, and snow. So, please come out. It's going to be a fun time. One of the other things that I did want to mention, so I was at the county council meeting today and uh Director Cruz was there and just in case he needed to talk, but this was so I wanted to let you know that we got approval from a CDGB transform 386 if you've heard about that at all. That's something that the county has trying to help um in resiliency storm water. So, um, we fund, they funded $456,000. That's going to be a project that we're going to have that the county. So, if you see any of our county commissioners or any staff of Valuchia County, please tell them thank you that we got that approval. Thank you, Director Cruz, for being there today. I had to leave after five hours, but I think it was a seven and a half or eight hour meeting today. Quite long. Wanted to wish everybody, we don't have a lot of employees in the audience today, but at our last meeting, we approved the day after Christmas as a paid holiday. I want to make sure you

understand it was a paid holiday, not that we just said you can have the day off. You don't have to come in. So again, this is our way of thanking you very much for everything that you do all year long. Please take that time off to spend it with your families um and appreciate everything about this holiday season. That's all that I have this evening. Um, Commissioner Card.

Thank you, Madam Mayor. Um, on the economic development, I stopped by yesterday, uh, three places. I came up with a 100% batting average of not getting anything. The Aloha Laundry is a new property over at the Papis Plaza. They were closed. There was nobody in there. I left there and I went to the newest uh wine store, which is Coast Wine at 101 Dunlton. They were closed. Uh I said, "Okay, that's two in a row." And then I went to the newest restaurant um on Vanab in the 3100 block. It's called Palma House Restaurant. They were closed. So I had three in a row. But um I did inquire about the uh Wind Dixie. The Windixie is now officially closed. The They had a auction for the coolers, the shelves. So, everything is empty from there. And now, I guess they're waiting for permits from the city to have an Aldi go in there. So, that should be opened up uh hopefully in the near future. That's it.

You can you clarify for that new restaurant? I thought I saw on the marquee that it said breakfast, lunch, and dinner, but I've never seen anyone there for dinner. So, is it truly just a breakfast and lunch? That I don't know. Um I have not seen it open at night time. So, maybe Director Maddox or Director Cruz knows. I've seen them open one night. Um but I will be looking into that. Okay. Thank you. Appreciate it. Thank you. Okay. Anything else for us? No, ma'am. Thanks. I just would like to wish everyone a very merry Christmas and happy holidays. Okay. Thank you, Vice Mayor.

I echo the same as Chris. We wish you all happy holiday, Christmas, whatever holidays you celebrate. And um it's a been a wonderful year. Uh we've accomplished a lot of good for the city. I'm looking forward to next year as well.

Great. Thank you. And I just want to let you know how much we appreciate each and every one of you. have a wonderful holiday season and we hope to see you on the 7th at 5:00 pm. It'll be a wonderful night. I know it's been gorgeous weather. I'm not sure. Does anyone know when that cold's supposed to come? So, keep your eye on that. Um Nancy is going to have snow for us. So, you might have to wear your one of your jackets, too. Um I just want to ask right now I have no other or do I have a speaker for Let me see. I'm sorry.

Speaker's not in the audience, man. Okay. So, we had uh Mr. Groot signed up and he is not here. Okay. Is there anyone else that didn't sign up that has anything that they want to say about city business? You know, I'm always open to this even if you haven't signed up. We want to hear from you. Okay. If no one else, then uh what items do we have for our next meeting? Um Sher, can you give us that date again? January what? Our next meeting. January 6th. January 6th will be our next meeting. Um, so all right. January 6th. Oh, one moment, please.

January. January 6th. Okay. So, that will be our next regularly scheduled city commission meeting. At that meeting, we will uh tell you what the meetings are for the rest of the year as well. So, is there anything else that you want added on to the next agenda? Any items? think if any, please get with Sherry. Uh, Attorney Waters, thank you very much for being here and representing us. We truly appreciate you. Please pass their best on to Attorney Bose. I sure will. Thank you. Thank you.