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, LLC”; 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 1”, 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