7:00 and we are going to call the May 7th 2024 regular Ormond Beach City Commission meeting to  order we are in Commission Chambers and I hope you felt welcomed as you came in this evening by our  Deputy fire chief Nate Quartier and our utilities manager Bob Pries who served as greeters this  evening as I always do I want to introduce the folks who are sitting up in front of you to my  right your left is our recording secretary Taylor Lochert next to her is our City Clerk  Susan Dauderis then we have Commissioner from Zone one Lori Tolland good evening everyone and welcome  our Commissioner from zone two Travis Sargent good evening everyone welcome to my left and  your right Commissioner from Zone 3 Susan Persis good evening ladies and gentlemen and welcome  our Deputy Mayor and zone four Commissioner Harold Briley good evening you everyone and welcome City  Manager Joyce Shanahan Assistant City Manager Claire Whitley City Attorney Randy Hayes and  then way to the left and way to your right we have our Chiefs uh Police Chief Jesse Godfrey  and Fire Chief Howard Bailey joining us tonight for those of you listening online I'm Mayor Bill  Partington if you would at this time please silence your cell phones uh and rise for the  invocation given tonight by Pastor Floyd Narcisse with the historic New Bethel AME Church followed  by the Pledge of Allegiance good evening let us pray God our Father Christ Our Redeemer man our  brother we thank you tonight God for allowing us to be able to come to discuss the business of our  city so Lord tonight we ask that you would touch our City commissioners one by one by one from the  top of their head to the soles of their very feet Lord we ask that you will continue to send your  protection around our Police Department our fire departments in every city of person who works in  this city Lord we need you more than we ever needed you before so we calling on your name  right now that to have your way in the best city in Florida that we can continue to let our light  so shine that we can continue to say we live in Ormond Beach your blessings upon blessings upon  blessings so continue to shine bright on tonight and help us to make the right decisions no matter  what affiliation we may be a part of help it to be a part let it be the right decision for this  city to be better and better for we believe that the best is still yet to come and this we ask in  Jesus name we pray for no weapon formed against us shall prosper in Jesus name we pray amen amen and amen. I Pledge Allegiance 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 all right presentations and proclamations and if Mr Ike Leary would join me up at the front this is for you if you don't know Ike you're missing out he is uh incredible   individual who does so much for our city if you uh ever go boating you ever go fishing here at  the gardens and you go to ike's bait and tackle you will see his smiling face sometimes you'll  see him out on the dock sometimes you'll see him cleaning the restroom sometimes you'll see him in  the parking lot giving directions or answering questions he is an ambassador for the city of  Ormond Beach and so today uh it's my honor to present this proclamation to him says whereas since  1999 sounds like five years to me yep Ike leary has been the proud owner and operator of the Granada  Pier bait and tackle shop place that has provided countless Unforgettable experiences for locals  and visitors Ike goes above and beyond to ensure every person who visits the Granada Pier has a  remarkable experience and whereas his commitment to providing excellent customer service has made  him a familiar face and Trust friend you can often find him walking the pier day and night talking to  Anglers offering fishing tips and even providing first aid when needed ensuring all who visit the  pier have a memorable experience and whereas one of the highlights of Ikes contributions to the  community is his Ormond Beach Real in the fun fishing tournament for children hosted three  times a year this event brings families together for a day filled with fishing fun and camaraderie  Ike generously sponsors this event providing hot dog lunches and prizes creating lasting  memories for many Ormond Beach families and whereas Ike's outstanding service  and dedication to the city does not go unnoticed since 2017 he has been  an appointed Goodwill Ambassador and in 2019 the city commission designated the  southern leg of the pier as the ike leary fishing pier a testament to the admiration he has   and whereas the recognition of Ike Leary's 25th anniversary at the Granada Pier bait and tackle  shop presents an opportunity to celebrate his incredible impact on the community now  therefore, based on all of that I Bill Partington on behalf of our entire commission uh do hereby  Proclaim May 7th 2024 as a day to celebrate Ike Leary and urge all residents to join in expressing  appreciation for his unwavering commitment to make making Ormond Beach a better place [Applause] [Laughter] congratulations yes [Applause] congratulations than good choice all right next up we got we have a great lineup tonight uh Kiwanis reads we're going  to kick off the Kiwanis Reads program and uh if you don't know about Kiwanis Reads pay attention  this is a incredible program that's been going on for a few years now you're going  to learn some facts and statistics about all they do for our community whereas founded in 1915 Kiwanis Reads International is a global volunteer organization with the mission of  serving the children comprised of over 430,000 members across more than 80 Nations Kiwanis Reads is  dedicated to changing the world one child and community at a time Kiwanis Reads core belief is no  problem as too big or too small including the critical issue of child literacy and  whereas research shows children who do not read during summer break can lose up to three months  of reading development and children who read four or more books over the summer perform better on  reading compreh comprehension tests in the fall than those who read one or no books and whereas  the Kiwanis Reads club of Ormond Beach hosts multiple programs throughout the year with most focusing  on helping children to read the Kiwanis Reads club's signature project is Kiwanis Reads backers for  books the award-winning program's three pillars include building home libraries building classroom  libraries and building a culture of independent reading and whereas Kiwanis Reads challenges  students to read a minimum of 20 minutes a day over the summer break and whereas each year the  Kiwanis Reads Club sponsors over 300 students from Ormond Elementary School through the summer program since  2019 Ormond Beach Elementary School has finished top 10 in the State of Florida in minutes read  and whereas to sustain the program the Kiwanis Reads club partners with givebacks to power backers  for books it's a free app that donates funds for books when Kiwanis Reads backers dine and  shop at hundreds of local restaurants and online retails Kiwanis Reads donates a new book to an Ormond  Elementary student for every new backer great things happen when you give a child a  chance to learn experience dream and succeed now therefore I Bill Partington based on all  of that mayor of the city of Ormond Beach on behalf of the entire commission you hereby  declare May 7th 2024 as the kickoff of Kiwanis Reads 2024 in the city of Ormond Beach and urge  all residents to promote ongoing literacy support for elementary age school children congratulations [Applause]  you want me to hand it over was the he's the only one trust me with a mic in my hand I would like to express our gratitude  to you Mr Mayor and the City of Ormond Beach for maintaining the sacred fire in our in our gut so  keep literacy and the children and the reading for a lifetime alive and I also express great  appreciation gratitude to our Kiwanis Reads members and especially the the leader of the Ormond Beach  Elementary School and her great team uh with the Ormond Beach Elementary and they have they are on  the ground maintaining that sacred fire and I am very grateful to have to to work with you  and to have met you so if I can have a little bit of a intro down the line start with my co  conspirator Dylan kers thank you Alan yes thanks again and thank you Commissioner Howard for eating  so much downtown and driving all those donations to the schools seeing Harold Harold held I'm like  he's rocking it got I saw your name on there a couple times you all doing yeah so you know we  started this 5 years ago and you heard in the proclamation that Kiwanis Reads has over 6,000 clubs 50  plus countries worldwide and every year we have a signature uh project contest and our little Ormond  Beach Club won the gold contest meaning we had the number one signature project in the entire  world the first time we did this project so that was 5 years ago um you want to hold that okay  and like I said we can't take all the credit the great things happening in Ormond Beach Elementary  School but we' like to think that we're doing a little bit so I'm so happy to have uh Ashley poen  here who was past teacher of the year and also a member of our club and I asked principal hay  to come just to talk a little bit about some of the great advances you know not just in reading  but everything that's happening in our little downtown Ormond Beach Elementary School because  without your team you know driving it you know it can't be done so if you wouldn't mind I'd  love for her to tell you a little bit about the great things happening in our local school  good evening um as you know the city and I mean you guys come over on your lunch break and read  with our students I see many of you you really support our school and in the last five years we  have made it to this year we have been announced by the state of Florida as a a student of a school  of excellence and we've also been um rewarded a exceeding expectation award for Title One  schools we're in the top one percentile in the entire State of Florida so we contribute that  to you guys and all the citizens of Ormond who have contributed to our program so thank you so much we're going to get a picture uh and congratulations let's move down  down a little bit hey look what we're doing for you everybody we're gonna hold them up thank you thank you thank you so much thank you thank you thank you thank you great job last but not Le least least Chief Godfrey National Police Week and or whoever whereas in 1962 President John F Kennedy proclaimed May 15th as National Peace  Officers Memorial Day and the calendar week in which May 15th Falls as National Police Week  honoring America's law enforcement community and whereas National Police Week is a collaborative  effort of many organizations such as the National Law Enforcement Officers Memorial  fund which produces the annual Candlelight vigil the Fraternal Order of Police and Fraternal Order  of Police off auxiliary which organizes the Police Officers Memorial Day service at the US  capital and concerns of police survivors which holds the National Police survivors conference  whereas the Police Unity Tour initiated in 1997 by New Jersey police officer Patrick Montour is an  annual 200 mile bike ride starting in Virginia and ending at the national law enforcement officer  Memorial in Washington DC officer montour's Vision was to raise funds and awareness  for fallen officers ensuring their sacrifice is never forgotten from its humble beginnings with  18 riders from New Jersey the tour has grown into nine chapters consisting of nearly 2,600 members  Nationwide who make the trip annually whereas the city of Ormond Beach police department will  participate once more in the Police Unity Tour making it their eighth year with funds raised  being donated to the National Law Enforcement Officers Memorial fund and whereas recognizing the  significance of Citizen awareness it is important for citizens to understand the essential roles and  risks of law enforcement while officers uphold their duty to protect and serve safeguarding  life property and justice for all now therefore I Bill Partington mayor of the city of Ormond  Beach on behalf of the entire commission do hereby Proclaim May 12th through 18th 2024 as National  Police Week in the city of Ormond Beach and invite all residents to join in honoring the courageous  men and women of local state federal and tribal law enforcement agencies we pay tribute to those  who made the ultimate sacrifice in defense of Freedom thank you very much chief [Applause] [Laughter] they're keeping me straight today now we have some excitement with the uh awards  for the mayor's health and fitness challenge winners this is the uh time tonight where we  present the winners of the 2024 mayor's health and fitness challenge the city of Ormond Beach  has challenged our employees and residents since 2013 the mayor's challenge is a public private  partnership to bring the community together to improve the health of Ormond Beach residents and  staff and I'd like to take just a moment to thank our sponsors uh this program could not function  without them our champion sponsors Advent Health Brown and Brown and Florida healthcare plans do  we have any other Representatives probably not but still we want to recognize them anyway our  gold sponsor is Halifax Health silver sponsors New Journey Chiropractic and shell realy many of these  sponsors have been with us for years and then our bronze sponsors Anytime Fitness and Coach Rachel  uh and now to The Challengers and the winners uh I want to thank all the Challengers for  their participation and call the winner up and if you would just stay up here with me we're going  to get a picture uh with the commission first of all in the 177 and under age category Eric Ross next uh we jump to the 30-39 category Philipe manist [Applause] and then Noel [Applause] Eaton the next age group should I say the numbers  yes yes at the exact age 40 to 49 we have commissioner Travis sergeant and Marcela [Applause] Miller 50- 59 Bill [Applause] Rose and Cara [Applause] culiver 60 to 69 Jeff Massie woohoo [Applause]  and Joe Dyke right got sh and then this name is familiar 70 to 79 Bill Partington [Applause] senior awesome all right congratulations everybody  let's have one big round of applause for us great job good one more [Applause]  congratulations way to go what age group are you in yeah what yeah All Right audience remarks uh we have a couple cards  starting tonight with councilman Volusia County councilman Troy Kent that's awesome I'll take it take it when you can get your insurance section right Troy Kent 130  Magnolia Drive honorable mayor and Commissioners Miss Shanahan Mr Hayes I love Volusia County but  it's always great to be home in Ormond Beach and a couple of things what a great night to come to  this meeting I mean to see the mayor's health and fitness challenge and see commissioner Sargent  represent presenting um to see Bill Partington senior representing to see our chief of police  with national uh police week and then we have um Kiwanis Reads with Allan Burton who you know  without him we don't have regrow the loop and then last but not least my favorite Ike leary who you all  you know um appropriately give a proclamation to tonight what a great night for Ormond  two things I want to share with you commission one is I love the speed tables because it's  making people drive safer a recommendation on the two on Riverside Drive there's two of them  there because of all the crashes into flu heart the the White markings on the black um product  needs repainted at night they are very difficult to see I live around the corner and sometimes they  sneak up on me uh you all have a flashing light to let motorists know there is a curve coming up  I would recommend a flashing light at the location of the first one and at the location of the second  one because like I said they sneak up on me and I can just imagine the people that hit that for  my last minute and a half i' would like to give you all an update on the dog friendly section of  the beach in Volusia County and I do that because you know when there's negativity out there I  want to make sure you hear both sides of the story because people can say whatever they  want and and some people become 10ft tall behind a computer screen and write things that are are  wildly inappropriate and not accurate so I just want to share some real facts with you okay our  program is six months into to an 18-month pilot in my opinion it has been wildly successful but  don't just listen to my words listen to the data and facts that I have for you the past four months  because we have um staff that's there 40 hours a week 7 days a week at the hot spots of the day  they have registered or counted 6,223 dogs during that time there have been 204 warnings about hey  your dog's off leash that's 3% by the way 3% there have been two warnings about hey your dog used the  restroom and didn't pick it up 100% compliance 100% people want this to work and I refuse to let  a few that think they deserve to have a private beach in Ormond Beach it's not a private beach  it's for everybody for all of us to enjoy thank you thank you councilman next is Debbie kruck Forester good evening and thank you um Debbie kruck Forester I'm just here to let you know that  our group Ormond strong will hold its 8th Annual uh JG Martin military veteran first responder  family appreciation day at um our new location the Ormond Memorial art and Gardens which was  founded by uh World War I World War II veterans um it will be held Saturday June 1st 10:00 a.m.  we're shorten it up because our guys are and girls are getting a little older and slower  so we're just making it short uh 10:00 a.m. to uh 12:30 p.m. um our Master of Ceremonies will  be Colonel uh banro mckenrick uh he's a Marine um retired Colonel and also we'll have live music by  Randy McDonald food um art resources and fun for everyone every military veteran first responder  will be honored with a service Medallion and uh a good time uh I'd like to thank you for  all you do and I'd like to um say thank you for chief Godfrey we had a great time this weekend he  did an amazing job uh with his event that he had thank you so much and God bless you out thank you  de good deal all right commission uh that is all the cards I have for audience remarks moving to  uh the approval of the April 16th 2024 regular City commission meeting minutes they've been  sent to the commission for review also posted to the city's website any additions deletions  or corrections I move approval of the minutes from April 16th 2024 second moved and seconded  all those in favor please say I I oppose like sign and we'll show those passing  unanimously uh next up is the consent agenda does any member wish to pull any item off of  the consent agenda Deputy Mayor Briley Mr mayor I like to pull items 7 d and e d anyone else Commissioner Tolland um 7j so I need a motion to approve absent D, E and J I move approval of the  consent agenda minus d e and J second second please call the vote Commissioner Tolland yes  Commissioner Sargent yes Commissioner Persis yes Commissioner Briley yes Mayor Partington  yes and we will go to 7D resolution number 2024 68 a resolution authorizing the execution of a  public transportation Grant agreement between the city and the Florida Department of Transportation  regarding funding for infrastructure improvements at the Ormond Beach Municipal Airport authorizing  the execution of all documents necessary and incidental thereto for the city to accept the  grant award and setting forth an effective date this is resolution number 2024-68 read by title  only thank you and uh Deputy Mayor Briley will'll start with you s thank you Mr Mayor um I just  bring this up Mr Mayor I'm I'm 110% in support of this road my concern is though that this road  goes from the municipal airport out to Pineland Trail and if you've ever taken a ride out Pineland Trail  that road um that road needs a lot of help um and learning tonight as well we may even have an EOC  police facility out there on Pineland Road that just get gives me a little bit more concern that road  in its entirety that that road was uh we we took that road the maintenance of that road over from  Volusia County and years ago that was a dirt road um the county had a dirt road Reduction Program  they actually made it a slag road which was kind of the the cheap way of trying to pave something  it's almost like a tar and tar and gravel type roadway um it has been paved since but if you  go out that road you see obliterated uh payment markings there's no Street lighting some of the  signs are probably on their on their last leg as far as being outdated and if you look at the  edge of the road in many areas there's there's major drop offs and and asphalt crumbling so  I'm not really in favor of putting more traffic on a roadway that's already you know it's it's  old it's tired um it's not necessarily safe in its current condition as far as maybe markings  and drop offs um I would I would be in favor of this if if Pineland were improved um you know at the  very least it probably needs to be recapped with new pavement markings uh that type of thing but  what I don't want to do is become like you know if we if we put another Access Road out to this  road with more traffic uh we're creating more of a burden on the infrastructure and I just want to  be like some of our potentially our neighboring cities with you know putting the cart before the  horse where we have you know development without the proper infrastructure in place so that's my  concern this Mr Mayor thank you and the reason I pulled Dand E I think I think they're kind of related  thank you deputy mayor uh Commissioner Sargent thank you Mr Mayor my comments are for D or uh 7  d and e um question for staff is would the city be taking the $211,000 out of the general fund  and then at the end of the project be getting the after we submit our receipts get the 105,000 back good evening Brian Rademacher director of Economic Development to answer the question on the grant  it's a it's a e Department of Transportation Economic Development 5050 Grant so the city  provides 50% of the 211 and the DOT provides us 100 uh 50% of the 211 okay um that's all  I have for staff I think for now um I just I'm having a hard time adding additional debt to an  airport fund that's 1.5 million in the negative right now on the Zev Cohen portion of this work  authorization I was just wondering if the the age of study that we just approved to get done  has some surveying of trees and and some other things I was wondering if once that's completed  if they could use that data which could possibly offset the 43,500 um for that work authorization  with Zev Cohen I don't know if that's something that okay um and then I'd like to just reference  talk about that like to reference at 2015 October 6 2015 airport Master Plan update  um Workshop that happened just a couple things in here mayor Kelly uh noted the lack of restroom  facilities at the airport he stated the facilities were pretty much the same as they were in the 80s he also stated mayor Kelly stated that he did not he did not care if the airport made a  tremendous amount of money and noted that he was happy that it is no longer being supported by the  general fund dollars this was in 2015 now he noted that the desire was for the airport to cover its  cost Commissioner Boman asked if the airport was making money at the moment and he noted that he  read it was $177,000 in debt mayor Kelly stated that the debt was once 450,000 to 550,000 in debt  this was in 2015 Mr Mayor and here we are at 1.5 million roughly in debt on this airport and we're  going to add an additional 200 well 111,000 I would like to pause this for about 6 months  we have time on the this grant it doesn't have to be completed until uh 2027 I believe and I'd like  us to explore options of how we're going to pay down this debt before we um add additional debt  currently the city receives revenues of a nickel for each gallon of fuel that is delivered to the  airport our Ormond Beach Airport the fuel cost I looked at several airports of its size around the  area and we're about 30 to 40 cents higher than anyone else there are other municipalities in  the area they're receiving about 8 to 10 cents a gallon I know the national average is supposedly  5 cents but in my research around the area was 8 to 10 cents per gallon I just think that I'd like  to pause both d and e until we can get further information of how these are going to how we're  going to pay for this I just I'm having a hard time with it and let me just review one more thing one more comment on that um yeah I just think a six month pause would would help us to hopefully  The Advisory board can come back to us and and advise us on on better conditions I know people  that fly in and out of the airport that the conditions are their pilots don't even have a  place to go and they're flying in to do business this is a a crown jewel of ours for economic  driving and I think we're lacking there and I just don't want to incur any more debt and I know that  on this on the item it says for the citizens impact this project supports the city's goal  to make the airport self-supporting by promoting growth and economic development at the airport I'm  just not seeing it right now to how we're going to pay this back so I'm going no on D and E until  we can um better identify how we can pay down this debt thank you Mr Mayor thank you commissioner uh  city manager um I just would like to point out that um with the uh Golf Course going under we  would receive about a hundred $125,000 a year each year so that's not been uh there for at least five  years and that's in part why you don't have the revenue that you once had I'm not 100% sure of the  deadline for the grant um so um if you all want to table this until um uh the next meeting it'll  give staff a chance to address some of those concerns I'll comment on that Mr May that's fine I think it was a year-long project was the time frame on this it was it was it has  to be completed by 2007 we started it may of 24 it would be done in April of 25 so that's  about a year long on the project so I think we have plenty of time I just don't know about the  state Grant and how that reimbursement that's what the state from the Grant I appr what you  it had to be about done by 2007 I think we have 2027 I think we have plenty of time and we don't  need to rush this thank you Commissioner Tolland I just have a question it would be probably  for for Brian or whatever and in commissioner Briley is correct that road I remember has had  had issues with the shoulder and things like that in the past um was that any part of I  don't know where Brian is oh there you are hey was that um was that a thought process  um with this road feeding onto pineland Trail was that a concern at all at this point come  up as a concern I don't County correct no it's a city it's City maintain it's a city we took that  over I don't know maybe 10 12 years ago and um we took it over from the county but we did not Annex  any of the property into the city okay we just took over the roadway okay so at this point that  was not really much of a consideration you were just looking at the road to stimulate economic  development in the airport business park or the airport in the air the airport business park so  the road go from West Tower circle out to Pineland Trail yeah that allows for the secondary Ingress  and egress to the business park which which is has full support of the businesses in the park  and then that roadway opens up 15 acres of land which is available for for use by businesses that  are looking to expand or locate in the park and that would generate Revenue which then would go  back into the airport fund right and and I I hear what um Commissioner Sargent is saying about the  the debt of the airport and all that and I think that's a whole another topic that should have it's  valid um I I live off Airport Road and at certain times you just see all the traffic going in and  out I think you know having having another access road is a good thing um timing I'm I'm comfortable  with holding off if you all would like to to get a little bit more research on the road and  all but I do think that that Road's very important road to to move forward yeah I kind of don't feel  like a next meeting uh update or if it's ready to come back would be a bad thing certainly I  don't really think Pineland is a terrible Road I mean I'm up and down that a fair amount I see  a ton of cars on that road I mean they burn it up getting to the sports complex from from  west to town uh if it was a problem I thought we would have heard about it by now from somebody  but you know there's not a lot of potholes uh it's a travelable road and people do it thousands of  times a day so from that perspective I don't really see an issue with it but if it's you  know between now and the next meeting if staff can program some improvements into the CIP that would  give Deputy Mayor Briley a little better Comfort level and then work on Commissioner Sargent's  concerns uh overall concern about the airport fund and then uh maybe help tie up a little better how  opening up this area will potentially generate Revenue we just be have a better Comfort level  with it I think that might be a good compromise and Mr Mayor I am 100% for this project going  through I'm just it's the funding part of it that I'm I I think it's needed I think it's warranted  for the development of the the airport business park but I'm just troubled adding more debt that's  not we're not paying down and I know that the golf course but I if if you lose Revenue then you don't  just keep adding debt I think that's where where we need to figure it out thank you Deputy Mayor  Briley and Mr mayor as I said before i 110% support of the road uh I think it's needed um but again  that road I was out there today and that road has got a lot of drop offs bad drop offs um it's got  some areas where the the the shoulders giving way and quite frankly didn't we take this road  in for Ormond Crossings I don't want to say that I've seen how you drive I was out there today too  I had no problem it worked fine well no it works fine but I mean if if you know if you just Veer if  you just off the side of the road I mean someone could overcorrect I mean there's been fatalities  out there that Road's I worked for the county for 21 years and it was never a great Road in  in 21 years so I could tell some stories we got a bad deal from the county on that road  yeah yeah but I think was now my question though I think on the Ormond Crossings deal was was their  money programmed in there from Ormond Crossings to help rehabilitate that road I don't think so  Joyce doesn't know Sean said no commissioner okay Commissioner Persis and um um Ms Shanahan  the money you said that we're going to be getting recuring would would that be a possibility used  to pay back didn't you say you said the current I don't know I'm sorry the money you said that we  were going to start getting you just said a few minutes ago 125 go from the golf course we don't  have golf course so we going to have to reprogram that okay so that could possibly be something for  the airport okay that's all I wanted to ask thank you good all right so uh is there a motion I  guess is the question on 7D I don't know if we can continue both or table both we're not to J  yet I move Mr Mayor we table item 7 D can we do both at the same time Randy or well you have to  read the title to the resolution so you need to do that separately okay Let's uh let's read 7D by  title only okay I read D already I read the title I'm Mo I move to table to the next meeting moved  and seconded all those in favor uh well let's do it we'll do a roll call vote on that Commissioner  Sargent yes Commissioner Persis yes Commissioner Briley yes Commissioner Tolland yes Mayor Partington  yes 7E resolution number 2024-69 res resolution accepting a proposal from Zev Cohen and Associates  Inc to provide engineering design Services regarding the airport Access infrastructure  improvements project authorizing the execution of a work authorization there too and setting  forth an effective date this is resolution number 2024 69 read by title only and we will start with  Commissioner Sargent on that one I made all my comments under D Mr Mayor so I'm all said thank  you okay you're still looking for a continuance on that one uh yes sir okay someone want to move to  table or so moved second moved and seconded please call the vote Commissioner Persis yes Commissioner  Commissioner Briley yes Commissioner Tolland yes Commissioner Sargent yes Mayor Partington yes  7j resolution number 2024-74 a resolution approving the settlement of personal injury claims filed by  Temperance Thomas authorizing the execution of all papers necessary and incidental thereto and setting  forth an effective date this is resolution number 2024-74 read by title only thank you I don't have  any cards I just need a motion and a second for discussion so move second moved and seconded and  Commissioner Tolland yeah and and I I pulled this because I had a question for Randy I just wanted  clarification um so this this gentleman cannot come back later with additional claims to the  city if we approve this at this point correct that that's correct all right and I just needed that  clarification so thank you so much I'm I'm fine all right any other questions or discussion please  call the Vote Commissioner Briley yes Commissioner Tolland yes Commissioner Sargent yes Commissioner  Persis yes Mayor Partington yes and now would be the appropriate time if any member of the  commission wants to comment on any consent agenda items and we'll start with Commissioner Persis  okay um oh yes I wanted to um make a comment on on item seven uh O um about the public art displays  and I'm very very excited because this is a unique public art experience it encourages visitors and  residents to visit our area explore our district while viewing the art pieces so I think they're  absolutely incredible one-of-a-kind pieces and it's going to bring so much to our city so thank  you so much for that great Deputy Mayor Briley Mr Mayor I was just want to mention the item  70 as well but I cannot add any more onto what Commissioner Persis has already said so thank you well  said Thank You Commissioner Tolland ditto for both of those with the sculptures and I encourage um  up on the dias to look at the handout that that we did receive I did meet with um Judy Stein and  Julia trulio and um had a nice conversation with them and what their vision is and they're starting  to look about um fundraising and how they can continue this project in the future and it it  is very exciting um so that's my comment on that I did have a couple other comments if if it's okay I'll  try to be brief um just I just want to um just reiterate what smart use it is of us when we do  approve projects that um when we're using taxpayer money when we're coupling that money with monies  that we're either receiving from the state or the federal government or echo or F dot so you know  that that's always it's it's not like we're out here just spending money we're we're bringing  money in and then we're using City money and also the the storm lining um is an accepted standard  I always question that and I know we've been getting all these um emails about boil water  and all the water mains have been breaking and my first thought was man we must have some really old  pipes and um and maybe we do but we are we do have a plan and we are lining them and we're  taking care of our infrastructure and I'm very appreciative to public works for that and you  know some of those some of those mishaps are not by Design they're they are other companies coming  in and doing what they do with some of those um cables or I don't know wires whatever they're  they're putting in so I just want the public to know that our Public Works is doing a great job  and this um lining the infrastructure is a is a a gold standard so great Commissioner Sargent  thank you commissioner thank you Mr Mayor on on item F just the we're updating the lights at the  softball quads to LEDs this is a huge Improvement not only will it save us money on energy but also  save us money on we won't have to replace these light bulbs like we currently have to do with the  metal Halogens that requires a bucket truck and a person to go up there and it's very expensive so  this is a a great investment and also on item uh G the regrading of the baseball fields at Nova I've  heard obviously I'm out of the fields all the time with the kids and all the parents are ecstatic  that this is finally getting done and I I'd like to thank Commissioner Tolland for championing the  the dedicated millage rate for leisure services which helped us in turn get the echo Grant from  the county um thank you to councilman Kent as well and I think he said it best that it was because of  that dedicated millage rate was one of the key factors in their decision making for approving  these projects for us thank you Mr Mayor thank you commissioner and uh I just wanted to comment on  the Ormond Beach Arts District sculpture project uh I agree with everything that's been said about it  uh it's one of the things that Main Street and now the arts district has done such an amazing job of  here in Ormond Beach and this will only add to that it's creating a sense of place which uh public  placemaking is such an important part of creating interest in your downtown uh creating a space  where people want to be having walkability things that we didn't really have in the downtown 10 or  12 years ago but through effort and foresight of of many different people and commissions and  staff we we have that now and continue to build upon that this these sculptures Commissioner  Persis you mentioned they're beautiful uh people are going to be excited to see these and uh I  see different activities possible with them that that should be fun scavenger hunts and and picture  hunts and things things of that nature um so I think it's really going to be a wonderful addition  and I appreciate all the hard work that's been done on it I can't remember how many sculptures  have already been donated nine so far sponsored which is incredible uh and so I just see it being  a a wonderful program so we'll leave it leave it at that and uh commission if there's nothing else  we'll go to public hearings I'll open the public hearings and we'll start with 8A AN ORDINANCE AUTHORIZING THE EXECUTION AND ISSUANCE OF A FIRST AMENDED AND RESTATED DEVELOPMENT ORDER FOR A PLANNED BUSINESS DEVELOPMENT LOCATED AT 251 SOUTH ATLANTIC AVENUE (VOLUSIA COUNTY PARCEL NUMBER 4214-19-07-0010) AND A PARCEL OF PROPERTY ALONG SOUTH ATLANTIC AVENUE (VOLUSIA COUNTY PARCEL NUMBER 4214-18-06-0011), KNOWN AS THE “ORMOND BEACH HOLDINGS, LLCâ€; AUTHORIZING THE REMOVAL OF A SIDEWALK AND BEACH ACCESS IMPROVEMENT; ESTABLISHING CONDITIONS AND EXPIRATIONS OF APPROVAL; AND SETTING FORTH AN EFFECTIVE DATE. this is the first reading of ordinance number 2024-04 read by title only thank  you uh Susan and I'll ask our planning director Steven spraker to speak on this item good evening Steven Spraker planning director of the city this is a request for a plan Business  Development Amendment the property is located at 251 South Atlantic Avenue which is located  here and then at the intersection of Ormond Parkway and South Atlantic Avenue the original development  order was ordinance 2023-5 the only request uh to that approved development order is to allow the  removal of the sidewalk and the beach walk over this was the site plan that was shown with the  development order again two different sides this is the parking for the hotel yellow is  the building landscape around it on um the side next to the seminal Avenue Beach approach there  was a sidewalk and a access to the beach that was requested by a site plan review committee  and granted by the applicant the condition of the development order um had two parts one was  the project shall construct a dedicated public beach sidewalk and Beach walkover parallel to  the Seminole Avenue Beach approach so the applicant is responsible for building it the second part was  that Improvement was to be deeded to a public entity the sidewalk and the beach walkover are  planned to be deed to Volusia County so there are two parts of of the of the condition the applicant  is still willing to to build the the Improvement but they don't have a public entity to give that  Improvement to for maintenance and liability during the process um as the project moved  forward we worked um through a number of items Volusia County provided us documentation that they uh  felt that the Seminole Avenue Beach approach was adequate they uh made it clear that they would  neither accept maintenance for the sidewalk and Beach approach nor would they accept liability so  basically there's a development order condition which the applicant can't satisfy they're still  willing to build it but they have no one to deed the public improvement too so they've um applied  for an amendment to remove the public um sidewalk and Beach Approach at the planing board member at  planing board they also said again they're willing to build it the staff report reviewed um three  options one is to approve the applicant's request to remove the public Improvement the second is to  deny their Amendment um staff report reviews why um that would not be a typical course of  action in essence You' be forcing a private entity to maintain a public Improvement on  a private property another option is for the city to agree to accept the maintenance um and that has  its own course of action the staff report at the time identified you know discussing with Volusia  County but every correspondence we've received from Volusia county is they're not interested  again in either maintenance or the liability acceptance this item was reviewed by the planning  board who um had you know a good discussion on it their recommendation was a 6 to 0 to remove  the sidewalk and Beach approach the applicant is here to address the commissioner if there are any  questions well I've got a question for you Stephen first uh you only put a few options up there I  feel like there's options what if uh what if we didn't want to accept a dune walkover but we did  want them to construct the sidewalk as originally proposed and now required is that a third option  as long as Ormond Beach and possibly the county accepted the liability for that so um so where  would the sidewalk go right where it's shown all right so there's no mechanism to get back to the  beach or to because and the African engineer I got to tell you that makes no sense to me whatsoever  you can walk down the ramp to the beach right now you have to walk through the Kill Zone to  get there because you got cars coming from each Direction so if the sidewalk goes down and stops  at the beach that's actually safer and better than having people walk through the middle of the  Kill Zone to get to the beach so I I disagree with you on that statement that you just made it makes  no sense to me government doesn't have to make sense but it's nice when it does and so uh Susan  if you could put up the picture that I asked you about earlier today commission it's page 592-1185 stop the sidewalk right about where the walkover starts and then whoever's walking down to the  beach just walks the little additional down the side there to get to the beach that's better and  safer than what's there right now the city could accept uh the liability or share that liability  with the county on that I don't agree with the county either they say well we'll accept it in  fee simple we'll take all those property rights fee simple property rights but we're not going  to take any liability I mean Randy can tell us I don't think it works that way if you own a piece  of property fee simple if there's an accident on that property they're coming to you with a  lawsuit so and and the safety aspect of it makes no sense either because the county uh I would  think would want a sidewalk for safety rather than having people back and forth in the Kill Zone  all day long waiting for a car to back into them run over a small child whatever the situation is  it would just make so much more sense another thing is that right now this ramp is closed to  Beach traffic I don't know things change we could get a storm that could be the hardest packed Beach  you've ever seen in your life and then they open that up to to Beach driving and put a booth there  to take money from people and then you've got a third element of traffic up and down that approach  with no sidewalk we can't say that's not going to be the case in 2 years 3 years 5 years 10 years  whatever the situation is so you know when this project was sold to me a big component of saying  yes to it was the fact that they were providing Public Access there and now that's changing and I  don't like it one bit so Commissioner Sargent thank you Mr Mayor you know when I heard this  I thought that the residents were losing out on something that we were promised so I called the  applicants attorney Mr Merill yesterday and I I was thinking what could we get if we weren't if  the county didn't want to accept a liability maintenance City it's it's messy I get it so  I said maybe we can get a shower then I went back to what Ronald Reagan said in the 80s trust  but verify so on my way home from the baseball I called councilman Kent and I said hey can you tell  me where you are on this you know did did you see a picture of of what we're looking at here never  saw a picture staff never showed him anything so councilman Kent said in his closing remarks today  that he would bring it back before the county so I think we should um let the applicant continue with  construction so it's not holding up anything but I think the residents and uh the county can figure  that out on their end uh correct me if I'm wrong councilman Kent I don't want to put you on the spot  but I think that's what was said today and and I don't agree with um the planning boards saying that  oh we have 20 ft we can walk there I walk this with my kids and um a wagon you're walking behind  cars that are backing up not paying attention why would you not want why would the county not want  why would anyone not want a sidewalk in front of this it makes no sense I understand the liability  the maintenance this was part of the original and I I think we need to stick with that there're  they're I believe still willing to put it in I think we need to just send it back to the county  and let them um accept liability maintenance and and figure it out on their end thank you Mr Mayor  thank you commissioner Deputy Mayor Briley thank you Mr Mayor just I just had a quick question I  guess be for Stephen when this was the quality in years ago with the the Seminole ramp has always  been there and just refresh my memory because I'm I'm a little bit foggy on it was there any  sidewalker pedestrian facility at that there at that at that time on the private property not to  my knowledge okay so there was not even anything on the county side on the ramp I believe the beach  approach is the same as it is today so there was never any sort of sidewalk or pedestrian  correct okay that was a garage right there to go in underneath right there no there Commissioner  Persis yeah and I I agree with what everyone said and you know Beach approaches approaches  especially during summer the time when we have so many tourists here going back and forth and in and  in and out of the beach and around those hotels it's very very dangerous and we we really need  have that sidewalk commissioner Randy would it be appropriate to make a motion to table this so that  they could take it back to the what would be the proper I know we had three up there but I don't  think what we are trying to accomplish is in those three options so can you provide some guidance  please um well my yeah I I'll try to do that best I can so it appears that there's been some  staff level discussions from staff to staff and I believe maybe the city manager may have May have  had a discussion with the County Administrator question is has the County Council has the full  County Council weighed in on the question from your your discussion with um councilman Kent  maybe it happened maybe it didn't happen I don't I don't know so I think really what you want is um a  discussion with your counterparts at the County Council and so perhaps what you could do is you  could you could make a motion to continue this um for some reasonable period of time and then um  asked the County Council to specifically weigh in on the question and um what you might want to  do uh and the city manager can help carry that message over to the County Administrator that  way is to present them with some options um we talked a little the mayor suggested one I think  that wasn't previously considered so give them all of the options um and I would agree with the mayor  that U be rather difficult to accept a public um um a min that's what I'm going to call it uh and  not accept the risk with their liability for that and I understand the County's reluctance to do  that from the county staff because we deal with the same issues here as well and we have issues  cross jurisdictionally with the county in terms of whether it's the city's responsibility or the  County's responsibility um but public beach pedestrian beach access performs a specific  Public Safety measure and uh you would like to think that that would um be more more important  at the end of the day so um my recommendation um Commissioner Sargent would be to make a motion  to continue it for some period of time you think is reasonable um I don't think it's going to hold  up the construction or the pulling of the permits or anything like that right Stephen so the project  is under construction now um so no it's not going to hold it up I mean is it possible to take a vote  on first reading and then withhold second reading until well I don't think you have a consensus up  to what this group wants to do the project is under construction so but but in the same vein  I think the uh the African developers looking some finality on on the question and and they  feel like they're kind of caught in in the in the middle so um 60 days does that seem um reasonable  to get it before the County Council and get a decision back yes Troy's or councilman Kent is  shaking his head yes and I was going to invite him up to uh councilman Kent come on up uh give us an update only because his name was brought up and then Commissioner Tolland wants to speak as well thank  you councilman sorry to put you on the spot no uh thank you for the opportunity it's one of the  main reasons I I came tonight and just so I am totally transparent with all of you in the room  the county talked to me about this months ago and when they talked about a sidewalk I was thinking  the old quality in and a sidewalk behind the wall on the property of where the quality in was and  that just didn't make sense to me so we we chatted about it and rolled it around and and was like you  know what I I just don't see the need and then Commissioner Sargent reached out to me yesterday  and sent me a p a picture from your agenda which I had not seen and I said this makes a ton of sense  no one should be walking elderly or with young kids or you know even middle age you know walking  down there and having the Outrigger and the public parking where you've got cars backing into people  and mayor I'll just say I think you hit the nail in the head when you said you don't know what's  going to happen in two years 5 years 10 years you get one shot at this for probably at least  50 years you get one shot and I can tell you all I talked about this in my closing comments just  two hours ago at the county and I talked to staff privately before the meeting and I said listen I  was not shown the picture that I saw I want you to be prepared I'm going to talk about it at the  council meeting I'm going to go to the Ormond commission meeting my hope is that the Ormond  commission will have a sidewalk because it's the right thing to do so I am more than happy to talk  with Mr Recktenwald and um see when we can get something on the agenda you know even if I've got  to bring it up again at the next County council meeting and and and have it voted on that way to  bring it up so that this can be done correctly and I think we can work this issue out with liability  and maintenance um you know you all bring up a good point about the uh the ramp down to the  beach you know the headache you've had with Andy Romano Park when you know storm the common sense  approach to me would bring a a wheelbarrow full of sand and dump it in front of it and let used  that Dar thing but there's rules you can't do that stuff so I think your idea of stopping it at the  sidewalk and then having them grade it right into the beach ramp and being able to walk down there  um I don't know if that's going to work I'm sure there's rules about ADA compliance and different  things but I think all of that can be worked out my hope is that we get a sidewalk there  any other questions I can answer for anybody commission I have a question did so none of  you on the County Council received that picture no okay no this wasn't this wasn't presented to  us so we we did not but I did bring it up today at closing comments we didn't discuss it I just  let everybody know that this was coming before the Ormond commission and that I would be here  and hopefully you all would get a sidewalk there thank you I don't have any questions for you but  thank you for spending your time and explaining that and and being our champion at the county  absolutely yep you know Partnerships are hugely important and um you know we will continue to work  together and make great things happen I appreciate that and my my question really and it's it's to  Stephen or Rob or or whatever is how do we get to this point so I I agree we see a beautiful design  we see a sidewalk and and I am guilty as well that sold that didn't sell the whole project but that  was an important part to me as well that access what should that have been your responsibility Mr  Merill to talk to County First with liability are you or are you just is your job just the  construction of it I mean uh that's how did we get to that point we're ready let me start seg for the  record with cob Co let me start by saying you guys are got a brand new Marriott Residence in hotel  we have Motel we haven't had a new hotel on the beach in in Ormond for I think 15 or 17 years um  this is great news so this is sounding like a bad meeting we're having bad news here that's  not what's going on here um we uh the developers of this project are still willing to put the  sidewalk in always have we told the planning board that um you know I think one of the planning board  members like me has been up and down that approach a thousand times never seen a a Kill Zone um but  if you guys think it's Kill Zone we want to make sure you're going to get what you bargain for for  sure um and to Troy's uh point about not seeing this that's not what the County Council hasn't  seen this they wouldn't have seen it um this is a question about the the uh Public Works and and  the folks over at the county deciding whether they want to sidewalk or not um and so they said they  did and then they said they didn't in writing so we're kind of stuck in a spot here where we're  will to pay the money to fix it to do it um but but we don't want to own the property and have  to Li it's not fair to us certainly and I think everybody agrees with that so if you guys the  only one thing I would say other than I hope your question we did did what we're supposed  to do and and you know to the point about whether the County Council saw it I'm happy to show them  anything I think Troy and I talked about this two years ago when it first came up but I'm an  open book he knows my phone number we can talk about it whenever he wants to but at the end of  the day if you guys would please if you're going to talk to the county will you please do that and  and and decide what you guys want to do because it's this has been fleshed out fully over and  over again with the county staff in writing and we just need to have here's the here's what we want  and here's what we want you guys to do and win and we'll do it because we're under construction and  uh it's the perfect time to put the sidewalk in while we're in there with construction equipment  right so before it was present oh I'm sorry I'm sorry protocol I'm not good at that um so before  it was presented to planning and and they approved it did you have a conversation with County staff  that that and they were on board yeah we had a conversation with city and county staff and they  were on board with the sidewalk and did liability ever come up or all that or is that just assumed  if the county approves it that they're liability no they wanted it originally and then they didn't  so okay and that's and that's that was my question is how did we get to this point I think they' lost  a lot of the ramps and they lost a lot of the you know they they saw it as a liability that was much  bigger than it maybe looked like originally okay thank you you guys Change their mind we're happy to  build it thank you thank you Mr Mayor I'd like to make a motion to continue this item uh for  60 days and uh direct staff to get with the county to get it on the agenda and move it forward second  moved and seconded uh please call the vote Commissioner Tolland yes Commissioner Sargent  yes Commissioner Persis yes Commissioner Briley yes Mayor Partington yes eight B ordinance number AN ORDINANCE APPROVING THE FINAL PLAT FOR THE “RIDGEHAVEN†SUBDIVISION; ESTABLISHING CONDITIONS AND EXPIRATION DATE OF APPROVAL; AND SETTING FORTH AN EFFECTIVE DATE. first reading of ordinance number 2024-05 read by title only thank  you and I'll ask our planning director Steven Spraker to speak on this item as well good evening Steven Spraker planning director this is a final plat request for the ridge Haven  subdivision the subdivision is located east of Plantation Oaks Boulevard and then it is  north of North us highway 1 um the subdivision has been approved for 286 Lots on approximately 103  Acres subdivision development in Ormond Beach is a three-step process it starts with the  zoning they obtained a plan residential development with ordinance uh 2326 that  was their zoning they did a preliminary plat which is the construction drawings that was  approved with resolution 23109 um there's a variety of housing including larger Lots in  the rear next to Village of Pine Run duplexes along um this side and then 60 and 55t wide  Lots located next to Plantation Oaks this step is the last step It's the final plat where they  it's a legal document to subdivide land after construction or posting a bond this project  is also under construction they intend to post a bond in order to record the plat  final plats are reviewed by the site plan review committee City attorney's office and  City surveyor plan board recommend approval of this application with a six to zero V the  applicant is here if there any questions thank you Stephen this is the one we presented on for  smart gr this project um also won an award from the Florida Planning and Zoning Association was  also presented to the league of cities wonderful thank you any questions for Stephen I move  approval second I don't have any cards any other discussion Mr Mayor just to piggy back on that  this and you took the words out my mouth this this project uh won an award and has become  kind of the poster child for smart development with the state of Florida so congratulations  on that anyone else please call the vote Commissioner Sargent yes commissioner Persis  yes commissioner Briley yes commissioner Tolland yes mayor Partington yes 8 C ordinance number 224-0637 2-17 r-4 single family cluster and townhouse zoning District section 2-18 r-5 multifam  medium density zoning District in section 2-19 r-6 multifam medium high density zoning District  of Article 2 District regulations of chapter 2 district and general regulations of the city of  Ormond Beach land development code by amending the rear yard setbacks and correcting the Street side  SLC corner and additional water body setbacks labels repealing all inconsistent ordinances or  parts thereof providing for severability and setting forth an effective date this is the  first reading of ordinance number 2004-06 read by title only thank you Susan and again I'll  ask uh Stephen to just speak briefly on this one good evening Steven Sprakerplan director this  is a Land Development code to the R4 R5 5 and R six those are the higher density residential  there was a town home amendment in 2022 and that ordinance inadvertently switched the  rear yard setback um from 20 ft to 25 the purpose of this ordinance is to switch it  back to 20 ft where where it should be it also corrects a couple of labels the side  street corner and the water body setbacks so just fixing some um things within those  districts planing board recommended approval with a 6 to Zero vote of these Land Development  amendments thank you move approval of ordinance number 9 20 24-6 second move and seconded any  other discussion please call the vote Commissioner Persis yes Commissioner Briley yes Commissioner  Tolland yes Commissioner Sargent yes mayor Partington yes uh 8D A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ORMOND BEACH, FLORIDA APPROVING THE PRELIMINARY PLAT FOR THE “TATTERSALL SUBDIVISION, PHASE 1â€, A PLANNED RESIDENTIAL DEVELOPMENT SUBDIVISION; ESTABLISHING CONDITIONS AND EXPIRATION DATE OF APPROVAL; AND SETTING FORTH AN EFFECTIVE DATE. 129 lot subdivision on 84 Acres that development order provided the property zoning it determined  the number of lots the buffer and concurrency the project is located at the corner of airport road  which is located on the bottom and Timber Creek Road it's about 84 acres in total if you recall  the subdivision process from ridge Haven it's the same for this project so the development order  went through a process it was reviewed by our site plan review committee went through a neighborhood  meeting plan board provide a recommendation and then the city commission provide that final  ordinance approval that is a zoning document so it didn't have any detailed construction documents  that's what this application is so the preliminary plot is the construction drawing so it shows you  the details of how the subdivision is going to be developed this application went through the same  process site plan review committee a neighborhood meeting planning board recommended approval and  then City commission tonight as part of this there was a proportionate fair share agreement that was  approved that is for the trafficing currency that this project creates and there's also a drainage  easement as a condition of the development order to take the water from leeway Trail  into the project and into GR Ranch the next step after they go to construction or if they want to  bond to record the plat would be the final plat which is what you saw earlier in the Ridge Haven  item and that goes also to planning board and City commission this was the original site plan that  was approved again the project is located at a Airport Road and Timber Creek Road um the yellow  are the Wetland areas the blue is the storm water and the green is the natural preservation area  the density for the project the gross density is 1.53 units per acre the S the Suburban low  density residential density is 1.9 units per acre the project that was approved had three  off-site improvements one was the drainage sale from leeway Trail down to G Branch the second was  a sidewalk that extended beyond the property to connect the leeway Trail for uh school um  walkability and then the last one was preserving a 32 foot rideway for Volusia County for the potential  uh future expansion of North Timber Creek Road the project natural characteristics um the entire site  has a 40 foot uh minimum landscape buyer around it all the landscape offers are exceeded the natural  areas are exceeded um 12.69 acres are required 15.7 7 Acres are provided and that's outside  the wetlands and then the recreational area provided was doubled what the Land Development  code required so the preliminary plat is doing a portion of the subdivision they're doing 75 plots  so the area around that storm water would be left natural until they come back with phase two phase  two would also require plane board approval and City commission action the criteria um for the  subdivision was provided in your staff report in essence is consistency with the the approved  development order so it's not a relook at the entire development order it's are you consistent  with what was approved development order and consistency with the Land Development code the  planing board recommended approval with a 6 to1 vote and the applicant is here to address the  commissioner for any questions thank you uh any questions for Stephen at this point I I have one  yes ma'am I think I was on the planning board at the time when this first started and and um  you know there was the issues of the water the traffic the school and and and all and I think  tattersal addressed those all very well the other the the newest concern I had or just thought is  and after reading some of the neighborhood comments was the was the maintenance of the  grover groer Branch maintenance the ditch have we has staff ever talked about maintaining that or  is that part of a plan um to help with that water there are um certain sections of the gers branch  some are in private property ownership as you get down into County some are um under volusia  County um control as it crosses the roadway um so you know it kind of depends on where you are on  who the maintenance entity is um I believe they also have an environmental list who can kind of  speak of of that what you can and can't do within the maintenance of that area okay I think that  would be helpful for some for some of that water property that water issues so thank you all right  Deputy Mayor Briley yeah Stephen and that was part of my concern as well I think because it sounds  like there's several jurisdictional boundaries in there as far as the the maintenance of Gro Creek  because apparently it sounds like the Army Corps of Engineers no longer will accept any maintenance  or uh M I guess maintenance of that Creek I think they turn it they turned it over to St  John's which would be state um and then you've probably got County private property and cities  so it would have to be a collaboration of those agencies because if one agency does something and  the others don't you you don't do much you still run into problems down Downstream so I would like  to see some sort of collaboration I mean I know we can't make that as part of part of the the  it's not part of the right but you know just in the future maybe they can work together to keep  that keep that water flowing good deal thank you Stephen I do have one card uh from David Jewel and then David juwel 2040 Tony Street Ormond Beach like to thank the commission for listening to  me the last time I was up here I didn't end very well I apologize to anybody here  well anybody sitting out here i' like to thank Randy Hayes he took me into  his office one day and we spent a good hour discussing this very  thing that was to him for speaking of with the drainage so on and so forth also I met with to um I have a piece of paper here I gave one copy to Randy Hayes  I believe and I'd like to give it to it it'll come to all of us whole all the questions you were asking that is written by a gentleman that was ah head of the  St John's Water Management Council he's since deceased quite a well-respected uh attorney  and he wrote How The Water intersects with the law aspect of everything that has been determined so  far has been rules and regulations we haven't put the law with it that tells and it shows examples  of the Florida State Legislature legislature and it's backed up by Florida state supreme  court where they have made decisions in there it tells where some properties are not buildable and  that explains it all it's a hard read I've read it 10 times um one of the things I would like to  commend Mr C his attorneys his Engineers they got something right on the letter that I received it's  uh a description of the natural preservation area signs that have to be erected around the wet lands  I would assume the only thing that they didn't quite get correct is I'd like to see them placed  every 50 ft all way around the whole 84 Acres that would make a wonderful natural preservation area  for the city of Ormond Beach that's what it should be uh I'd like to quote one of the uh  Commissioners here tonight the mayor that's a tortured piece of land that should not be done  with that thank you very much oh by the way I am very much opposed to this piece of property being  used the way they're going to do it thank you thank you David and next up is Mark wats attorney  for the applicant good evening Mr Mayor members of the commission for the record Mark Watts with the  law firm of cob Cole 231 North Woodland Boulevard to land and appreciate the opportunity to be here  with you this evening um we we've spent a lot of time here together on this particular property  and this project um and I think we've improved it for that um you know as Stephen and and I have to  thank your staff they're always great to work with as we work through kind of the the layers of your  review and approval process and and here U tonight you know we're we're at the point you know looking  at U I think in your materials you've got a copy of the the staff report that went to the plan  planning board and on page nine lists the criteria and the analysis that staff went through you here  tonight we're really here looking at have we followed the rules um have we followed the rules  that were established in the PD development order have we followed the rules that are in Your Land  Development code and the rules that you require us to follow for other Outside Agency and the  answer based on your staff review and Analysis is yes um we have we we've met the conditions  that have been set forward not only by your standard code but also by the agreements we made  made um through the hearing process on the zoning um for the for the property and so those offsite  improvements that you know that we committed to we we were following through on um commission Tolland I  fully agree with you that there are some questions with regard to to ruger's Branch we have limited  ability to do anything with it we have the ability to pull some of the Fallen trees out as we're you  know kind of preparing you know the the property for the the subdivision um but we don't have any  control upstream or Downstream our o o ation is we can't add any you know faster velocity  of storm water going into it or runoff going into it we can't increase the volume you know  of anything going into it and we're we're meeting those standards um I do encourage the city and we  we've talked with Mr juel at I think almost every meeting we've had the neighborhood meetings and  and the various hearings we've had on the project um I think he raises a valid point and I do think  yeah I think Mr Mayor you said a few minutes ago it's it's a cross-jurisdictional issue you  have a number of different jurisdictions here um and I think it's a city and a county and a state  discussion to figure out you know what's the right way to make sure it's being maintained you know  there was an article in paper today or yesterday I think about do coming in and maintaining um can't  remember which canal it was but down the NOA Canal down in in Port Orange to alleviate some  of the flooding that occurred during the the last several storms um here I don't know that you have  you know one agency that you may be able to go to you may have to you kind of work together with the  city and the county and other to accomplish it I think we're we're doing the parts that we could to  alleviate some of the concerns we heard through the process with the flooding and stuff across  leeway um we're here to answer any other questions you might have on the technical compliance and  issues of that nature our project engineer is here we strategically placed him in the middle of the  row so it's inconvenient to get him out and what happen to any questions for Mr Watts I think we're  in pretty good shape uh commission I'll let you know I did say it was a tortured piece of property  I think it came to us a few times before you all Ever Had it yes that was really more what  I was talking about um and you know uh Angie scha one of our planning board members voted  against it uh I'm going to vote for this tonight but because I did vote against initially the uh  the development order but it was close I was maybe if it had been three to five homes less  I probably would have voted for it at the time and I think think when I read the minutes what  Angie was saying was what I was concerned about I thought things would flow better if it was just a  the L just a little bit less dense but none of us always get everything we want I don't think  it's a bad project at all I think it's going to be beautiful uh and I think people are going to love  living there ultimately um so and I think you've met the technical requirements so really honestly  I feel like we're obliged to vote for it but commission I'll let you speak and if you have any  questions just Comm Commissioner Persis no no I just want to say it came before us I think  I voted against it several times and finally you know that you know you all fixed everything that  we asked you to fix so here here we are now and I think I agree with you mayor what you  said we're we're almost obliged to do it and and I do think it's going to be beautiful and  um so looking forward to seeing it thank you Commissioner Tolland in most of the area  that was concerned if if just to refresh all of our memories was the corner of Airport Road and  Timber Creek Road and look what they've done you know they preserved the wetlands there they have  a a great um preservation area and that's where a lot of the water was going over the road and  mushy and the whole thing mushy I guess that's a good word but so I'm very appreciative of the  design well I Tred our clients they did a great job rolling up their sleeves and really working  on it with the engineers and the neighborhood good deal anyone else one more thing yes ma'am  I'm sorry so I guess in Mr wat is correct we're here to approve the or or vote on the um plot plot  the plot plat but as as an adendum not to muddy what we're doing up here can we direct or would  you all think it would be good to direct staff to look at what we could po possibly for that  um grosner I can never pronounce it Branch area yeah that one leaning over Randy you're leaning  over okay tell me well I got a squeaky M sorry um so they're kind of too separate they're kind of  related cousins but they're not directly related so yes you're here on a technical requirement of  a preliminary plat aside from that if you would like to ask the staff have to look at uh some of  the um you know ways to alleviate drainage in that area then you can do that I don't know if it's a  question without a solution because of all the different conveyances and and the property rights  and all of that that goes with it but if it's something that you're interested in looking at you  can certainly ask your your planning staff to to look at that with you and I'm sure the applicant  would be willing to do that as well so okay thank you so that's kind of a separate question that's  a separate thing I understand that and I got it any other questions from Mr Watts I don't  have any other cards thank you sir just need a motion in a second move approval second any  other discussion commission please call the vote Commissioner Briley yes Commissioner Tolland yes  Commissioner Sargent yes Commissioner Persis yes Mayor Partington yes 8e A RESOLUTION AUTHORIZING THE EXECUTION AND ISSUANCE OF A DEVELOPMENT ORDER FOR A SPECIAL EXCEPTION REGARDING THE “WAWA STORE #5437†TO BE LOCATED AT 1670 NORTH U.S. HIGHWAY 1, WITHIN THE B-7, HIGHWAY TOURIST COMMERCIAL ZONING DISTRICT, TO ALLOW: TWO ELECTRONIC CHANGEABLE COPY SIGNS FOR THE RETAIL PRICES OF GASOLINE, AN ADDITIONAL 3.74 SQUARE FEET OF MONUMENT SIGNAGE, AND TWO CANOPY SPANNER SIGNS TOTALING APPROXIMATELY 12.08 SQUARE FEET; ESTABLISHING CONDITIONS AND EXPIRATION DATE OF APPROVAL; AND SETTING FORTH AN EFFECTIVE DATE. thank you uh and I'll ask planning director Steven Spraker to give us a brief intro on this item this  is a special exception for a project proposed at 1670 North US Highway 1 um the project is proposed  at the intersection of destination Daytona drive and um US Highway One the special exception is  for signage this is the proposed site plan um you would have um obviously us one would be up here  the gas canopy and the store the three requests are all um for signage one is electronic changeable  copy sign similar to pass request in order to get this they have to go through a special exception  process one of requests they um also asked was for 3 74 Square ft of additional Min sign since  they were going through the process staff didn't have objection it is in a commercial area with no  residential around and then the last request similar to what was done on westbr a they're  seeking to do um a spanner sign which our Our Land Development code doesn't really recognize again  it's existing on West granada and they also went through a plan development there to allow it the  uh special exception was reviewed by the planing board it was recommended approval by 5 one vote  the one vote against it believes that electronic changeable copy signs should be allowed in a more  broad basis until that's done he's going to vote no on everyone the applicant is also here if there  are any questions any questions uh attorney posy from the Storch Law Firm is here and he's sat  through the entire meeting tonight any questions for him on I think we're I think we're good is  there anything you desperately want to tell us I think it looks great Mr Mayor move approval second  moved and seconded and uh comments before we call the vote let's have some discussion yep your  discussion yeah so my my question is or my concern is if we start going bigger now I don't have a  problem with I know we're doing the the movable LED and whatever I I have a problem with that  I have a problem a problem with bigger and more because once we go bigger and more the next person  is going to want bigger and more and I'm just a little hesitant on that I'm not you know hardcore  anything right now but it's just something to think about if we approve bigger and more now  well everyone you know well they want to come back other places well they had a bigger sign we want a  bigger sign so here I'm sorry no I was just going to make a comment I think we vote on on these  signs one at a time I mean we don't do it in vlk so we take them individually so correct we could  watch that you know we can be aware of that and Deputy Mayor Briley we're talking about uh bigger  and more Commissioner Tolland brought up a good point about signs signage once you start down that  road how do you avoid uh going bigger and more for the next person Commissioner Persis pointed out  correctly that we take them one at a time and then Stephen was going to maybe give us some background  on how we avoid Commissioner Persis I think said it perfectly so we review this a lot like variances  each one is separate each one is reviewed on its own marit and each one goes through a public  hearing process going through a special exception process as Mr POS he can probably tell you is not  something that that business owners typically want to do so they're really going through a  process in order to get that and the commission has the Authority on each individual one to say  that 3.74 is appropriate but five isn't so it is your discretion we don't have signed  variances this special exception process was put into place to allow people to ask and then it's  the commission discretion to either approve it or deny it and Deputy Mayor did you my apologies not  at all did you have any questions for Mr posie on behalf of the applicant no sir because again  I agreee with Commissioner Persis we take make these special exceptions on a Case by case basis  but I agree with Commissioner Tolland but I share your your concern on something like that good deal all right if you want to if you want to give it to us we're happy to listen y the same question came up  with planning board so uh Joey posie 420 South Nova attorney for the applicants um and just to  briefly touch on this because the same question was at planning board um you know the things that  I think make this site unique is its proximity to the interstate uh it's really a safety concern so  you know in terms of percentage of increase you know you're asking for more visibility  on a higher frequency higher speed that that you know there's a really distinguishing Factor there  and uh in the totality of sign entitlements here it's actually less uh it may be an increase in the  actual Monument but in TOT of total signage it's it's actually less so you know there's  not wall signage that's um you know a competing Factor here there's other signage aspects here so  maybe to give you a little ammunition for the future I wanted to point those out because it  was the same question that came up with planning for so your expectation is this signage is to be  seen from 95 not from the US One Corridor or to to make it as safe as possible for those getting  off of 95 or uh or at least traveling that it's it's an easier sign to see that you know if it  was our preference you know we did come in with a little larger sign for that reason but you know  your staff working with us we got to a point where we're all happy and we can work with it but um it  really is a safety concern thank you anything else commission I move approval of resolution number 2024-76 the Commissioner Tolland no Commissioner Sargent yes Commissioner Persis yes Commissioner  Briley yes Mayor Partington yes and we'll close the public hearings thank you Mr posie and uh go to  item nine ask the clerk to read that by title ordinance number 202 24-7 AN ORDINANCE RELATING TO PEDESTRIAN AND VEHICLE SAFETY WITHIN PUBLIC ROADS AND RIGHTS-OF-WAY; AMENDING CHAPTER 17, STREETS, SIDEWALKS AND OTHER PUBLIC SPACES OF THE CODE OF ORDINANCES BY AMENDING SECTION 17-10 TO ADD UNSAFE PEDESTRIAN USE OF RIGHT-OF-WAYS; ADOPTING FINDINGS OF FACT; PROVIDING FOR APPLICABILITY; PROVIDING FOR DEFINITIONS; ESTABLISHING PROHIBITED USE OF PUBLIC ROAD RIGHTS-OF-WAY; PROVIDING FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR ADDITIONAL REMEDIES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. you and I'll ask our City attorney Randy Hayes to speak on this it thank you mayor um this is  an ordinance that was prepared um at the request of the commission essentially um the background  information within the ordinance is pretty self-explanatory um Deputy City attorney  Ann-Margaret Emery is wanting to put all the hard work in it if you have any questions specific to  the ordinance what we're trying to accomplish we'll be uh glad to uh answer those for you  and Margaret will be happy to answer those for you uh and we promis not to provide a 20 minute  presentation thank you Randy and I don't have any cards uh commission any questions for and  Margaret you just want to give us a little brief background or you need to make a record no I I  you know there's quite a bit of whereas Clauses there findings already and uh a lot of backup  material so I won't put you all through it uh but if you have any questions I'd be happy to  answer them for you great anyone move approval second move seconded uh my only discussion is  I think it's uh well needed well done and I appreciate Randy you and and Margaret and  the rest of your staff taking the time to put it all together um it should be a huge  huge Improvement for us thank you please call the vote Commissioner Sargent yes Commissioner Persis  yes Commissioner Briley yes Commissioner Tolland yes Mayor Partington yes 10A resolution number  A RESOLUTION OF THE CITY OF ORMOND BEACH, FLORIDA, RESPONDING TO THE INITIATING RESOLUTION OF THE COUNTY OF VOLUSIA REGARDING THE NORTH U.S. HIGHWAY 1 INTERLOCAL SERVICE BOUNDARY AGREEMENT; PROVIDING FOR TRANSMISSION; AND SETTING FORTH AN EFFECTIVE DATE. 2024-77 read by title only perfect and I'll ask our planning director Steven Spraker to speak on this item in 2014 the city enacted the interlocal full service boundary agreement that agreement was U  valid for a period of 10 years it's set to expire in August of this year um what Volusia county did was  um provided an initiating resolution to extend the inter local service B agreement their resolution  was 23156 um that that resolution had two parts of it one was to expand the inal service boundary  agreement and then to renew it for a period of 10 days in discussions with Volusia County and based on  city commission pass Direction there is no desire to expand the intercal service B agreement so the  the responding resolution is only to extend it for a period of 10 10 years at the next commission  meeting you'll have an ordinance that will um seek to extend it 10 years and that will have to go  back to Volusia County for approval we believe that we can get it done by the expiration date of August  24th so this is really kind of the first step the responding resolution uh we are required to send  this resolution back to the county they are aware of it they're expecting it and staff is available  if there any questions great any questions commission I don't have any cards move approval  second seconded any further discussion please call the vote Commissioner Persis yes Commissioner Briley  yes Commissioner Tolland yes Commissioner Sargent yes mayor Partington yes and we are at reports  suggestions and requests and tonight we start with city manager Joyce Shanahan uh thank you Mr Mayor  and City commission um just some general updates for you first and then I've got a few detail items  May 14th um we're going to continue our strategic plan initiatives update and um we will be talking  um with uh Advent Health regarding their new building um president and CEO David Weiss will be  here to give the commission a brief update on that we'll be looking at uh F I95 interchange project  update and they will be there to make a brief presentation we will talk about the Riverbend  Golf Course land use study and then we will also update the commission on Chambers technology that  we're looking at and tell you where we're at and where we're going on that on June 4th you'll have  your first budget Workshop that will be the CIP um draft uh workshop and then on July 15th uh  excuse me from June 5 to July 15th the commission will have a break we won't have any meetings to  allow staff time to prepare the budget we're very grateful for that on July 16th you will have your  um operating budget workshop and then on July 23rd regular commission meetings will resume I  think I've sent you a schedule for all of that so you should have that if you need anything further  let me know uh I wanted to give you an update on the PAC um bowar construction uh will uh the  award for bowar construction for the fire damage repair will be on your May 21st agenda and once  that is approved materials will be ordered and it will take 8 to 10 weeks to receive all of those  materials and then approximately 18 weeks for the repairs to be completed we feel it's important to  um jump start that process so we can get the uh materials on order as quickly as possible and uh  we believe we have the ability to get all of the uh same materials that were originally purchased  so we're excited about that I'm happy to answer any questions are there any questions on the PAC  okay and we're still you know working through the insurance claim um I also wanted to um mention to  you that uh May 27th is the Rockefeller um is is the memorial uh Veterans Memorial Day celebration  celebration remembrance um and so that's a well attended event on May 2 I think we just lost  a light we did light okay make LEDs don't have that problem May 27th at 9:00 a.m. at Rockefeller  Gardens and you've been there many times before and we know it's good to get there early uh  for parking and we have reserved seats for the commission um a couple of uh shoutouts tonight um  um I want to recognize uh Chief Jesse Godfrey um he is going to be participating in his fifth  Unity Tour 5ifth 8th 8th 8th 8th and the unity Tour is a bike ride from uh Southern Virginia  all the way into DC and culminates at the uh police officers um Museum and it's a memorial  ride and each officer rides for a fallen fellow police officer uh they are given their names and  they often times have the opportunity to meet those uh relatives of the loved ones and those  are people that are uh inscribed upon the wall in the police Fallen police officer Memorial uh  we're very proud of the chief and um he has two additional men riding with him and then we have  another um individual from the police department attending to be um protection motorcycle rider  to help ensure the safety of officers chief Chief we're very proud of you and your efforts it takes  a lot of effort to train to ride 250 mi in 2 and 1 half days three days so um uh we're really proud  of you and your officers I know you've all worked hard to train up for this event and um we wish you  God speed and and be safe and we'll be praying for you while you're away um I would also like  to um announce that um Susan Dauderis our city clerk has been placed on the 2024 municipal clerk honor roll this honor roll is now in its 24th um year of this program and has given Municipal officers  and private citizens a chance to recognize City Clerks from across the country for the important  work they do for our communities as much as is a privilege for all the general code staff to host  the honor roll again um they are really dedicated to uh recognizing these individuals that are the  backbone of our commission meetings who provide um all the detail and summary and it's a takes a  great amount of work and so we like to thank you for that congratulations uh last but certainly not  least is um we talked about uh public art in the downtown and Susan do you have those pictures um  I think uh Main Street is sponsoring six of those um placement of um uh art and they've asked the  city to uh SP sponsor two additional uh works of art they have sufficient we have sufficient  funds to do that that would be $8,000 to place the artwork build the platform that it has to stand on  and so this one is called a day off if you can go back and that will be placed um I believe um  in Cassen park in the walkway between or close to the walkway between Cassen Park and Bailey  riverbridge and as you can see it's a a a dad or a Granddad and a Son Fishing and it's an appropriate  location for that so and then the second one is called um the bench and it's a woman on a bench  with her purse and that one will be placed over in um I think between um fortunado and um the  casement Rockefeller Gardens so those are the two ones that they have suggested and I think  they're really appropriate for those locations and so my plan is to authorize unless you all  had any issues or concerns about that it's great thank you and let's see what else that's all I  have and if you have any questions I'm happy to address those any questions for the city manager  thank you thank you thank you Joyce uh assistant city manager Claire Whitley uh no comments thank  you good night thank you Claire and City attorney Randy Hayes yes sir thank you mayor I do have one  thing uh this evening I'll I'll try to keep it brief I wanted to give you an update regarding  the litigation matter involving the decision by the Florida Department of Environmental Protection  to issue uh the air qual air construction permit to belvedere for the construction of the fuel farm at  874 Pole Road excuse me uh you may recall that the issuance of the permit is one step in the overall  approval process for the proposed project there's lots of other things that occur at the same time  in any event SR Perrott filed a petition in u August and or September challenging the Depa's decision to  issue the permit and requesting U what we call a DOA here a DEA hearing before the department of  administrative hearings challenging the decision by fdp to issue the permit under the DOA process  an administrative law judge is assigned to conduct an evidentiary hearing or trial and  at the conclusion of the trial the the alj as we refer to them issues a recommended order it's not  a final order but it's a recommended order to the Secretary of the department in this case  the secretary of the FD who is then charged with responsibility of issuing a a final decision on  the petition in this instance the LJ uh issued uh a recommended order that the secretary dismiss uh  Pat's petition challenging the permit uh which would essentially uh provide finality to the  issuance to the determination by D to issue that uh that air construction permit uh Pat has a right  to file an appeal as a petitioner uh if an appeal is not filed then the permit will become final  after Consulting after P consulted with its uh legal councel including appella counsel uh  there's a well-founded belief that Perrott has a good basis to file an appeal and um hopefully you will  be pleased to know that fraud has decided to file such an appeal um you may also recall that this  commission unanimously opposes the proposed fuel form at uh 874 whole Road you voted unanimously  not to provide putable water to the project site or to Annex the property for this project and  by unanimous vote the commission also directed the city manager and City attorney to take all  reasonable necessary action including the hiring of professional consultants and attorneys to oppos  the proposed fuel form project and we have done just that um under the authority and the city  Charter u i i engage law firm with expertise in fdp matters on behalf of the city Perrott has  hired the same firm and that is the firm that has represented them in the litigation matter  Perrott and the city share uh a common interest in opposing the proposed fuel form because of  the uh inherent risk that it poses to Perrott and the general public um there is a um I guess a uh you  you could call it a shared interest in uh sharing a common interest in Sharing resources to combat  this uh this inherently dangerous um project uh so you have an opportunity this evening to show  our residents that the city uh is is very much committed to opposing the proposed fuel farm and  to show Perrott that you can continue to support their legal efforts in the appeal of the secretary's  final uh order to dismiss their petition challenging the permit and I prepared a motion  I'll read for you there's eight parts to that if you wish to uh to do so so number one first  part of the Motion 1. The city commission finds that the proposed fuel farm project at 874 Hull Road poses inherently dangerous risks to residents of the city, including corporate residents, specifically including but not limited to residents of Bear Creek, Ormond Lakes, poses a risk to the operation of recreational activities at the Ormond Beach Sports Complex and the airport, and poses a risk to corporate residents such as SR Perrott and other businesses in the vicinity of the proposed fuel farm. Number Two 2. The city and Perrott share a common interest in opposing the proposed fuel farm, and sharing resources serves a legitimate public interest. A shared effort by the city and Perrott is in the best interest of the general health, safety, and welfare of all residents of the city, and the general public. three 3. The commission affirms the unanimous vote previously taken not to provide water for the proposed project, and not to annex the property at 874 Hull Road.  Four 4. The commission finds that a valid and legitimate public purpose exists to oppose the proposed fuel farm five 5. The city manager and city attorney are authorized and directed to continue to take all necessary and reasonable action, they deem appropriate within their powers including the expenditure of resources, to oppose the proposed fuel farm at the project site. six 6. The commission continues to support Perrott in the litigation matter, including support in the appeal of the Secretary’s final decision, and including the sharing of costs and legal expenses associated therewith. seven 7. The commission respectfully requests that Belvedere move the location of the proposed fuel arm from 874 Hull Road to a more suitable location that will not pose inherently dangerous risks to residents of the city, including corporate residents, and to the general public. eight 8. The commission ratifies and affirms all administrative and legal action taken by city staff, including the city manager and city attorney, and their designees, in opposition to the proposed fuel farm; and further directs the city manager and city attorney to do all things and take all action that is necessary and reasonable to protect the health, safety and welfare of the city’s residents and the general public. um if if that is uh suitable for you up here then somebody  could make a motion to adopt that as your motion and um and then somebody can second that and then  the city clerk can call vote on that motion I move approval second moved and seconded second  uh yeah I think we could all second that for sure any other discussion commission no I think we had  committed to uh fight this at every available opportunity this is continues to be in line  with that with our residents and uh we'll just continue the fight for fairness uh reasonable  public notice and uh hopefully going to the court of appeals we can get a reasonable and  fair hearing on the matter so uh if there's nothing else I'll ask the clerk to call the  vote on that Commissioner Briley yes Commissioner Tolland yes Commissioner Sargentt yes Commissioner  Persis yes Mayor Partington yes and thank you Randy for all that anything else that's yes for  me thank you thank you Mr Mayor I do have city manager Shanahan I just received an update from  County council member Troy Kent he has indicated did you get that you're stilling my Thum I'm so  sorry update it go ahead sorry no go ahead no you you go ahead I no you go ahead I was justess with  you I'll do it my closings Jo we'll go uh start with CommissionerPersis then oh oh wow I didn't  know I was first great well I am so happy to be here tonight and I we've heard so much good news  especially just what um our attorney Randy Hayes just read to us and I just want to say  I am so proud of our city for standing up for its residents in order to keep them safe from  the serious you know serious is even even isn't even the best word but the dangers of of a fuel  farm right here in our city and there's an old saying you know choose your battles and I I have  followed that most of my adult life and this is one battle that I'm so proud that we are fighting  and I know we're going to continue to fight so I'm very excited very very excited about that  um I just want to say congratulations to Travis Sargent for winning the mayor's award for your  Fitness that's awesome really really great and um L well sometimes less is more Commissioner Sargent okay um I also wanted to just say um I'm very excited about the chief going  on the unity Tour and all of us up here have been on the unity Tour and sometimes we can't  go sometimes we can't go it's it's always you know kind of a funny time around Mother's Day  but um I'm very excited that I get to go this time and can't wait to see um to see the chief  ride his biking and see uh I think Corporal summer lot's also riding and a couple of our motorcycle  guys and it's just going to be it it really is a wonderful wonderful thing that that they do  so I just commend you for for doing for doing that just had to say that um there's been so much going  on in the city I I made made a list like like commissioner Tolland I made a list I don't know  if I'm going to go through it all but there's been so many things that we've all attended and they've  all been just so just so wonderful um just a few that um I went the casement 45 year celebration  lunch and that we all were it was wonderful that we were all able to attend and um they  acknowledged all the volunteers for their you know all their years of service of you know running  running the casements and everything that they do so that was really great the Celtic Festival  again was just great it was so much fun and it was crowded it was a beautiful day that was just  highly successful and I wanted just to mention real quickly um there was a tee off for the  mayor's golf tournament and um they had the tee off reception at Oceanside Country Club upstairs  and they had this it was really great because they had a special drink in honor of the mayor I'm not  going to even name the drink but it was it was a very nice drink that many people really liked uh  let's see and most of us were here for ch right here in the chambers for a chamber leadership  day where we spoke to the chamber group that was going through training their leadership group and  we all you know explained why we do what we do and what brought us to this point and I think I  think people find it interesting you know because we all have different backgrounds but we all have  the same goals I think so uh the other uh there was a ribbon cutting for um Halifax Paving it was  just a beautiful Office right there you know near the Hall Road area um beautiful new office office  it was a wonderful wonderful celebration wonderful for the family uh we had I'm I don't want to  steal your thunder commissioner I mean mayor uh Deputy Mayor Briley but there was a fundraiser  for officer Bakaysa and I know your organization sponsored that or did a lot to sponsor so I'm  going to let you talk about that and we just had Art in the Park last Sunday and sat last Saturday  and Sunday it was absolutely beautiful some of the artists I found a painting that I wanted  so bad it was a little out of my price range I was so disappointed I tried to talk them down but just  didn't work but uh but it was really a great uh great two days of that and I'm also proud to say  I went to the native plant sale at the EDC and I bought blackeyed Susans I bought a I bought some  some Stoppers and I bought a long a long leaf pine tree that I'm going to plant so I'm I'm doing that  and my last comment that I wanted to share with you is firststep shelter news so this is just  something wonderful that just happened in 2020 a man named Jeff no last names are going to be  said came to the shelter and he had not been sober for decades so today his mother and stepfather  came to the shelter and are leaving a sizable donation to the shelter in their will because  their son has has not had a drink since he's came in the shelter he's not had any drugs no alcohol  and they feel the shelter made an incredible and miraculous difference in their son's life so  they made this huge donation and so to this day this young man is out of his own has a nice job  somewhere and he's sober so just wanted to share that good news that the the shelter is working and  thank you all for listening have a great evening thank you Commissioner Persis and Deputy Mayor  Briley thank you Mr Mayor um and Chief Godfrey we want to to wish you and in Corporal summer lot and  all of our folks going up to Washington DC a very safe and successful uh Police Unity Tour we're so  proud of you and thank you for what you're doing um as CommissionerPersis say we did have a great  lunch in at the casement Guild with the casement Guild over at Rockefeller Gardens that's such a  great organization that keeps our our Treasure of the casements going and just a great group  of volunteers uh you start hearing the the years of service with some of those folks and you're  like wow I mean just the the time they give to the to the community and to the casements is  is you really can't put a price on that we we really thank them and we're proud of them  we're proud of what they do for the casements uh the the tea off celebration for the mayor's cof  term at Oceanside it was great to see mayor Fred and town uh have to have mayor Persis there have  a well I call Flat Carl because uh Carl had a a school board meeting he had to be to so we had a  stand up stand in for Carl and of course our mayor that was a great great event um I did speak to um Bill Partington there some of you may know him as Bill Partington senior but uh Mr Partington uh  we we actually had a little chat last night at the Ormond Yacht Club and uh I would ask um this  commission maybe submit a letter of support to the 11 to save 2024 designation by the Florida  trust for historic preservation on behalf of the commission for to to preserve Chief Tomokie up in  Tomoka state park that's just you know a statute that Fred Dana Marsh built many many years ago  and you know it's it's been in disrepair for so long so many years and we've lost so much of it  um but it would be great if we could get some sort of Grant uh to to save you know and maybe even  restore that statute to what it to what it used to be to its former glory so um we can discuss that  later Mr Mayor maybe another on another agenda or or now if the commission is on board with that and  Joyce yeah I always thought that was a great idea but there some and I'm not trying to be  negative but I remember at one of the regrow the loop um meetings and maybe Bill senior can even  address it I'm not sure but David Jones who is a Tomoka state park person talked about Chief Tomokie  specifically at our last meeting and was saying something about it was going to come down and um  they had another plan for it and they were going to do something in um in Lieu of the big statue and  I I don't have I tried to get him to un today so I could understand the whole issue so yes I  think I would love to preserve it but I don't know if you know any of the other history from Tomoka  State Park what they were talking about about at our regro the loop meeting are you aware familiar  with what they were planning I'm not familiar with what they're planning prior current admin locally dep sely under severely underfund they have a lot of needs and and so that statue is not  on their list of needs right so this would be an effort uh outside of their um the state's efforts  and and maybe if uh if we could get some grants and some other attention to the matter we might  be able to U uh get them on board with with some kind of a preservation project so and and they had  talked about how they had looked at it to try to preserve it but it was not preservable now I I'm  just saying what I've heard I have absolutely no data to support it so I would like to sign  on with that letter but I also think we need to just investigate a little bit more about  what Tomoka state park was mentioning and what their plan was uh I just feel like there's a  missing piece of information and I may be totally wrong but I'm it was because I was surprised that  we weren't going they weren't going to preserve it and it looks like they've made an effort to  to um do something else in in Lieu of so I I don't know and I'm not trying to put it down I'm just  trying to understand that's all what's funny is I mean to your point you're absolutely right they  they said 10 years ago it wasn't salvageable but yet it's still standing so right I think we just  need to get a little more information and I'd be all on board I'm all about preserving what  we can don't get me wrong no but I I would like a little more information first um anyway is there  and and I'm sorry Mr is there a deadline for that for that Grant application the nomin May of course okay bring to make it possible for some funding maybe okay but being in the state park wouldn't you want their um approval not approval but their  letter of recommendation as well and that's that's I'm just trying to avoid maybe I'm  making it bigger than it needs to um does is not contingent on the on the property okay there are  a lot of properties that have been nominated and and uh designated as one of the 11 to save just  a it goes through a panel of of people that look at it and decide whether it it would qualify the  nomination is only to get it into the running and and the committe that's not going to hurt  anything just to at least start it and that'll give us time to to do whatever we need to do  I think so I'm okay with that if Joyce can you come up with an appropriate letter for me to sign I said I wrote mine already okay Joyce I'm sorry can you she's sleeping come up I'm sleeping too  um come up with an appropriate letter for me to sign and you'll sign that I'll be happy to  on behalf of the commission yeah perfect I think you know I've been working on this for seven to  10 years I'm glad to see it finally getting some legs the park has never wanted it they  don't seem to be interested in the fact that we have a a strong uh interest in that as locals  it's a huge part of our history and our culture uh anybody who's grown up here for the last 50  years has been to see that uh and that's what I didn't know I didn't know that this was this  was a history of it I just remember going to the meeting and thinking oh that's odd but I never  did anymore yep and so it's a situation where a a state of Florida employee who may not even  be from around here doesn't get to tell us what we think is important about our history and our  culture we have to let them know and probably go over their heads so they understand we think this  is very important we want to see this preserved and then maybe we can actually get somewhere to  put it as nicely as I can okay so thank you for bringing that up Deputy Mayor Briley absolutely um  I didn't want to we did have a last Friday a fundraiser at the Daytona Beach Association of  Realtors for officer Bakaysa's family and in in memory of him and I want to first of all I want to thank  chief chief Bailey I Chief Bailey is still here or not but um we had a chief Bailey and and and  and and a deputy chief Quartier I had I contacted Chief Bailey knowing we're going to have a a dunk  tank there and uh you know filling a dunk tank with a with a garden hose is a big big chore  so they were gracious enough to send a fire truck over to to fill the dunk tank for us so uh I want  to thank them for that I also want want to thank uh Chief Godfrey for For You Know Chief Godfrey  Captain Captain Smith and Captain Roose for really getting the the department together getting our uh  getting our mrep out there getting you know a lot of just uh Captain Smith and Captain Roose sat in  the dunk tank made a lot of money uh for for for officer Bakaysa's family um I want to thank Joyce for  coming I know she bought a lot of raffle tickets uh as well as as Susan Persis and and and and  Lori Tolland Commissioner Persis Commissioner Tolland thank you for coming I do want to let you all  know that we did raise over $5,000 on Friday for office Bakaysa family so we appreciate that I know  the Bakaysa family appreciates that and our own PD appreciates it as as well um did want to mention  the Special Olympics torch run on Saturday that uh was very well attended the first one I think  that we have hosted is that right Chief and uh chief was the master of cemony did a fantastic  job uh several folks here in the in the room Kristin Deaton ran in the in the run I know  uh uh Travis's uh was it was it my kids did I did not yeah the boys ran in the Run well yeah so um  but it was it was it was a great it was a great event and uh I'm I'm very I'm very proud of Ormond  Beach for for hosting that uh lastly I'll I'll just point out that this is Ormond Burger week and  and uh We've uh already hit a couple of spots so far I've I've hit piranhas and the steer-in and uh  I guess we uh may hit another couple of them this week so uh Ormond Burger week is also always a fun  event and uh encourage everyone to get out and and enjoy with that Mr Mayor I'll say good night  thank you thank you Deputy Mayor Commissioner Tolland all right thank you so much um first of  all um I just want to congratulate Ike leary um our our ambassador uh Goodwill Ambassador you know he  does do a fabulous job for us um at the Docks and Alan Burton and the Kiwanis Reads group um sharing  the joy of reading to our community they really had some some impressive stats there um also the  winners of all the winners of the mayor's fitness challenge it was pretty cool to see a lot of a lot  of people up there and um Commissioner Sargent I'm very proud of you I I think that's very cool  um also I want to wish all the officers that are participating in the unity Tour um good  luck and we keep you all in my prayers as you honor all of the Fallen um little mini report  from Main Street is the and I'll try not to be redundant from you all Taste of Ormond is  upcoming on May 19th um they did have a success successful Celtic Festival um really proud of  the out Branch the um art committee out of Main Street they they've really worked hard kudos to  Judy Stein um who really has um done a a great job getting everybody on board and thank you Joyce for  um offering to pay for two sponsor two of the statues um with the city um I'm really excited  about that as well um Scenic Loop has met and they have still keep providing their educational series  they just did a walk and talk the regrow the loop is having their final partner meeting and  they are going to have they're compiling all their stats of the success of the program um all their  objective data and we'll be presenting to Volusia County Council on June 18th and of course they're  looking for approval to continue this program and expand it throughout the county um uh let's  see uh you all touched on most of the events that that have occurred um I I the one thing I do want  to mention though is the Special Olympics torch run it really really warmed my heart to see all  the smiles of those athletes and the support of their parents they're so proud of their children  the children had so much just pure joy from just seeing the vehicles seeing the officers and um I  just really it just warmed my heart that I I just couldn't stop smiling that whole day um thinking  about that and participating in it um and Randy thank you so much for that update on the fuel farm  and um I'm sure um like everyone up there we will continue to support our opposition 100% And um I  appreciate all the hard work that staff has done keeping that um going and last but not least um I  just want you also to be aware that even though this is Burger week or whatever in Ormond Beach  May is also um the mental health awareness month and I just want to end as mental health awareness  month um May is a time to raise awareness of and reduce the stigma surrounding behavioral  health issues as well as highlighting the ways how mental illness and addiction can affect all of us  patients providers families and our society at large so be kind to each other and everyone have  a good night thank you Commissioner Commissioner Sargent thank you Mr Mayor uh I'll read the  update that Councilman Kent sent to Joyce and sorry Joyce um and it you know we're we're very  fortunate that we have such a great relationship with Councilman Kent and the County Council to  address these issues because here I thought this sidewalk was a dead deal we weren't going to get  it we were losing something so I was trying to brainstorm of what could we get and all I could  think of was a shower I mean what else down there I I didn't know of anything else then I was like  you know what I'm going to call Councilman Kent and just see where was he on this cuz I couldn't  understand how he would want um residents to walk behind the Cars and then when he told us that it  made sense that he thought it was over that wall of course you wouldn't want it there but if you  had if anyone would have seen these renderings it would make sense so so he just sent a text and I  normally don't have my phone on I just turned it on and and it popped up but it said I just  spoke with the county manager and he is going to personally drive over to the Seminole approach  tomorrow and see what can be done he is confident we can work to something out and negotiate a win  he does not think it will have to go in front of the County Council thank you for your help so  that's very positive for us um Joyce I would like to thank you for Contacting in the county regarding the  dog pilot program I know I had some residents that started the petition against it and um and I know  that the county stepped up patrols and I kind of jumped the gun on an email that I received from  a resident and I just told them that you know if they weren't going to I'll just Briefly summarize  if they weren't going to um enforce the rules that I would ask for the pilot program to be  um abolished if you will or immediately stopped because I thought if they're not going to force  it but you know then you kind of dig into some some issues and and you see pictures and and you  kind of look at the whole thing are dogs outside of that area does does that Define that the pilot  program is failing I don't think so because dogs have the more you think about it dogs have always  been illegally on the beach the pilot program just gives a a designated spot for our residents  to take their animals and I kind of jumped the gun on it and um and then councilman Kent kind of told  me he said well you know Travis once they say it's a service dog we can't do anything about it so of  course when people hear that that they're going to start using that and um I do think that the  pilot program is working as councilman Kent said um with the statistics it shows hopefully that the  sheriff's and the beach Patrol can the people that are outside of that area violating it can they can  be advised IED that they're illegally outside the zone and need to do something but I also asked  this resident who who started the petition I said have you been reporting these pictures that I keep  receiving not one of them has been reported to the phone number that is 386 676 4160 which rings to  the lifeguard station at Cardinal and that they dispatch a officer out from that location to go  find the the person that's in violation so so I think it's very important if if you're going  to complain about something you need to also be reporting it properly otherwise you don't  have proper data on whether you can really say the pilot program is failing which clearly we we  can't say that so that's all I'll say with that and I I'm very appreciative of councilman Kent's  um leadership on that um looking forward to going to DC this week last year was my first year going  up there I wasn't sure if my wife would want to go this year so didn't even bring it up because it's  Mother's Day weekend and about a month and a half two months ago she was asking me about it cuz she  had such a great time so we're uh the boys and I and her are flying up on Friday morning actually  and we'll be there with Commissioner Persis um a great way to spend Mother's Day weekend  up there honoring the the Fallen who um put on the uniform and protect us Joe Daniels good to  see you it's been a while you've been hiding or something but good to see you in the crowd um  and just would like to say happy Mother's Day to all the mothers out there and with that I'll say  good night awesome thank you commissioner and uh you all did such a fantastic job we are adjourned