7 p.m. I will now call this meeting to order. At this time, I please ask everyone to silence your cell phones or any electronic devices. Your greeters tonight at the door is fire chief Howard Bailey and economic development director Brian Rademacher. To my far right and your far left, we have recording secretary Taylor Lochert. City Clerk Susan Dauderis, Deputy Mayor,
Zone 1 Commissioner Lori Tolland. Good evening, everyone. Glad you're here. Zone 2 Commissioner Travis Sargent. Good evening. Welcome. Zone 3 Commissioner Kristin Deaton. Good evening, everyone. Zone 4, Commissioner Harold Briley. Good evening, everyone. Welcome and hope you're dry. Ditto to that. Uh, city manager Joyce Shanahan, assistant city manager Claire Whitley, and we have Shawn Finley sitting in the front row there with the glasses on his head. Uh, city attorney Randy Hayes, and to my far left and your far right, we have the two great chiefs,
um, Chief Godfrey and Chief Bailey. And I am Mayor Jason Leslie. At this time um I will give the invocation uh followed by the pledge of allegiance. So everyone please uh please rise bow your heads please. As we gather today discuss the affairs of our great city. Let us seek wisdom and understanding in our deliberations. May we listen to one
another and work together for the betterment of the city. We begin this meeting with open hearts and minds guided by a commitment to serve the people we represent. 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. Thank you. You may be seated.
Okay. On section four here, presentations and proclamations. The uh Ormond Beach Soccer Club um was not able to make it tonight. So, we're going to uh reschedule that proclamation to another time. So, just keep an eye on the agenda if you'd like to uh see that presentation. Um at this time um we're going to hear from those of who have signed a card to speak about any item which is not on the agenda printed agenda for this meeting or any items on the consent agenda. Each person will give him a total of three minutes. Uh, first I'd like to call up uh David Randall
or or should we say captain? That works. Uh, good evening, Mayor Leslie and city commissioners. My name is David Randall. I live at 99 Chrysanthemum Drive. Um, I'm also a captain here at Ormond Beach Fire Department and the president of our firefighters union. As both a resident and an employee of this city, I'd like to voice my support over the proposed budget that's being discussed and considered. Um, I've read the news articles and read some of the comments on the stories, and it's important to me that I get to share my perspective uh to all of you. I was hired
at this fire department in 2006, and that year, we had five fully staffed fire trucks with about 50 firefighters, and we ran about 5,000 calls a year. Today we have just four fully staffed fire trucks and we have about 43 firefighters and we run about 10,000 calls a year or close to it. So, um it's double the call volume with fewer people and uh and and fewer trucks responding to those
calls. In that same period of time, we've seen reductions in retirement benefits for our members and we've fallen behind in some other key areas uh when compared to neighboring departments. So, doing more with less is something that we're used to, but at some point we need to address these issues. I believe the city's proposed budget helps get us back on track. And um and it's not and we need it now more than ever. And it's not just for employees and benefits. It's for the equipment that increased workload and call volume means more wear and tear on the trucks. Those trucks
are getting more and more expensive. A truck a few years ago, brand new, cost about $700,000. Today, that same truck costs about $1.5 million. So, um there's a need for this increased funding for our department. and I just want to tell you that I appreciate your continued support and I hope when the time comes that you pass this proposed budget. Thank you. Thank you, David.
Next up, Jeff Boyle. Jeff Boyle, 614 North Halifax Drive. I got a little show and tell for you here tonight. Um, back in 1997, Christmas morning to be exact, um, an off duty firefighter in a pouring rainstorm, kind of like what we have now, brought this to my home. And I think uh the reason they gifted it to me with autographs of every firefighter in the department was that that year we gave a fair
contract. Uh we also had the issue of advanced life support. It was $3,000 for the training per firefighter and a $3,000 bump in pay. And I I'm sorry to report that it wasn't a unanimous vote, but that advanced life support is so important because probably 98% of those calls are for medical emergencies. Uh I've al always thought that uh our first responders should be our highest
priority. We have the highest assessed value of our properties of any city in the county. we have the highest revenue stream. Therefore, I believe that uh the people who serve and protect us should be a high priority as well. And that's why I commend uh the recent budget proposal. Um I've had some experience with the firefighters with my own family over the last 10 years or so. I took a ride to the hospital and the ambulance. Uh 5
years later, my sister was attended to by Ormond firefighters and took the ride. My mother twice, her second and last was on January 7th. I have to say that the professionalism, the competence, and the compassion of the Ormond firefighters was simply off the chart. And by contrast, the ambulance staff on three of those four medical emergencies uh raise serious
professional questions about their conduct. So, we're lucky to have the people we we do. Maybe the county has staffing problems like they do with the lifeguards. Um I don't know. But I think uh it's important that we continue to make a high priority the people that serve and protect us and not just the first responders but all the employees. So thank you for that. Thank you.
Next up uh Stan Driscoll. Stan Driscoll, 10 Salwood Avenue Lane, whatever it is. I hope I do a better job than I did last time where I stumbled all over myself and it's tough to follow Jeff Boyles. Ormond is the preferred location in in the county. People who can afford to live anywhere choose to live here. We have a long history going back of people living here who who care about the town. We also have a long history of the citizens, a lot of people that are here defending this town. I go
back to when they tried to extend the airport to to accommodate jets. Everybody turned out crowds outside on on the patio. Then we moved on to um the heights restrict restrictions. So you look at the the vista and you see you can tell what the city limits are because there's no highrises blocking the beach. that under the leadership of three tough women and I mean that complimentary stop the fuel tanks from coming here. So the citizenry we like our town we want to protect our town and we want to keep it that way. This budget I think does
that I I think that after all the extent what four months I know staff to quote them I think they have 80 hour 800 hours invested in this budget. 800 hours plus all the commissioners, plus everybody, the the committees. It's a good budget. I don't think the citizens of this town or this city want to do anything to compromise our parks. And speaking of parks, Romano Park,
another thing that we did, that's our park. The county wouldn't give us a park. We paid for that. We volunteered extra taxes to pay for our park, the nicest park on the beach. So, we're not going to stand for any cuts to our police. They they boy, do they need a new police station. You ought to go for a tour. Our fire department when we when we all have to run out of this building in a fire, they're the ones that are going to come running in. So, please, I like the budget. It's a good budget. It's a well thoughtout budget. And don't politicize it by standing up and saying,
"Well, I think at this late date, I want to make some changes." with all the meetings and all the workshops that opportunity has passed. Any such statements now to me is grandstanding. Thank you. Next, uh Debbie Carter.
Hello. Um Debbie Carter 26 Dormmont. Um Stan pretty much said a lot of what I was just going to say. Um because we are a preferred area and a place that people do want to come and live, they are willing to pay a little bit extra to be here. And if that means that we pay a little bit more in taxes, I I feel that that's worth it. Um, I don't I don't I think one of my things is is uh no cuts to code enforcement. I, as a matter of fact, would like to see more proactive code
enforcement. That keeps our preferred area preferred. Um, I've lived here since 2002. I've lived beachside and probably more in the past 10 to 15 years, I've seen a decline in in how properties look, how people um just the things that are let that that slide and that does affect property values. So to be a preferred area, I think that being um more proactive with that,
not pitting neighbor against neighbor. If you see something, if code enforcement sees something, do something. And if it means that you find them, you find them. But if we just keep letting uh things that are not, you know, code happen that is going to spread like a cancer and and and it has just just drive around some of the streets and and you'll see. So, um I'm all for the budget also paying first responders. Absolutely. And if it means that we
pay a little bit more in taxes, I'm all for it. Um, I just don't see that in a mark, you know, in a in a market where our property values are going down that we should be cutting something as important as trying to have everyone maintain their properties. So, thank you. Thank you, Debbie. Um, next up, Robbie Coleman.
Good evening, commissioners. I'm Robbie Coleman, 332 Oak Drive in Ormond Beach. Uh, and I'm the vice president of Coleman Goodote Construction. And I wanted to take the time to come tonight to thank the commission and the city of Ormond for allowing and trusting Coleman Goodemote to do the general contractor services on the Cassen Park project. Uh it is truly a gem of our community and we're grateful to be a part of the history of this town. Um during the ribbon cutting, Coleman Goodemote and myself personally received praise for our efforts, the quality of the work,
and the successful completion of an aggressive schedule with a lot of challenging parameters. And while I believe we are certainly a very important part of that puzzle, um it there's a lot more people involved. And so I just want to take a moment to recognize the partners who played a critical role in the project. First, the city of Ormond Beach was exceptional to work with. Shawn Finley and Alex Schumann helped push information through the city's process. They were always willing to walk across the street to work through issues. The city building department helped
expedite inspections so that we could maintain the schedule. Um and and they were wonderful to work with. Uh the entire team at Zev Cohen and Associates, Dwight and Bobby Ball should be proud of the team that they had on this project. Uh Jake Stair and Jason Salado, they expedited responses to questions that we had and went above and beyond when it came to coordination. John Hall with Hall and Ogal Architects, again, exceptional to work with, always willing to take the call or come to the site to work through the details of Ike's bait store, which looks fantastic.
Uh, next, our subcontractors. I've been involved with numerous projects throughout my career, and this subcontractor team was one of the best I've been involved with. The whatever it takes attitude is what got this job done. When we called and said, "Hey guys, we're going to have to work on a Saturday or a Sunday or overnight, it was always, we'll do whatever we have to do." Um, I want to call them out specifically JD Weber Construction, Truent Construction, A&W Construction, Big Value Landscaping, Romines Concrete, and Cain's Electric. They really made
the project happen. Um, and we couldn't have done it without him. I also want to thank Jimmy Walker with Oceanside Surveying. When we were down to the wire, he helped us figure something out. Um, and he is an absolute genius and one of the best surveyors I've ever had the pleasure to work with. If you ever want to feel dumb, you get Jimmy on the phone and Bobby on the phone and try and figure out what they're talking about. Um, and to my Coleman Goodemote team, uh, Dana Donahoo is the project manager, Jim Napier, superintendent, uh, Britney Perkins, the assistant PM, these
are the ones who did the heavy lifting, working through all the issues, which every project has, making sure labor and materials were on site when they needed them to make the schedule. Um, and then one more thing that I think is really important to note is I understand these projects are funded with tax dollars and I want the commission to know 100% of the subcontractors on this project were based in Volusia County. Sorry. Many many of them are Ormond residents and um I think it's great that they get to be a part of history of Ormond Beach to walk through
that park with their kids like I'll do and thank you for allowing us to showcase our ability on this challenging project. Mr. Coleman, before you go, I'd like to also say behalf of myself and the division here and the thunder and lightning, um, thank you for coming out, being here, and we really appreciate everything you've done. Did a great job. Ribbon cutting was great and, uh, again, thank you. All right. Thank you all, Mr. Mayor. If I may as well, I know this is a little out of protocol, but Mr. Coleman, thank you very much. That park is really, it turned out very beautifully. Thank you.
If I can say one more thing too. Um, I had a resident come to me this week and he said, "You know, I'm an avid boater. Before at Cassen Park, it was great. It was easy, but now it's awesome." Any other comments from the commission? Thank you. That's all. Commissioner Sargent? No. Okay. All right. Thank you. Uh, next up is Colleen McMahon. Hello everybody. Colleen McMahon 45 Carolwood Circle and I'm just coming to give you an update
on the FOIA request that I had submitted here to the city of Ormond Beach. Thank you again, Mayor, for calling me back again for the second time. I appreciate the voicemail you left me. Um, Commissioner Tolland, I have not heard back from you on my second request for the FOIA. So hopefully I'll be able to hear back for you on your email and the comm and the city manager. I have not heard back from you either to my email. The FOIA request is for auto-renew contracts that keeps coming up that you guys keep approving. We have 19 since June. We don't even
have certificates of insurance. So, my request is that I get to look at I've got a team of about 20 people now that we're going to go through those contracts for you to figure it out. So, not only have I asked the FOIA request for all of you, I've also sent this up to Tallahassee. So, I'm also asking for a Doge Financial audit of everybody here. I don't think we need more money in Ormond Beach. First responders, absolutely. I'm a first responder. I'm a nurse. So, what I'm asking you to do is give us the contracts, not charge $889. That's excessive money that you're
charging. So, I would ask you to please respond to me. I have also sent this to the media Tallahassee and I've asked for Doge, like I said, to bring down. Second thing, I have a question. If we're paying $1.9 million on an auto renewal contract, why do we have poison ivy all over the crosswalk signal off the Granada Bridge? Why do we have barricades, barrels all over Granada? We have road trash all over that bridge. $1.9 million is a lot of money. Cassen Park, perfect. It's beautiful.
I adore I like that. I think it looks beautiful. But we have peers that are falling down, children that can get into the waters. Is anybody looking at the trash that's all around out there? $1.9 million. We need to look at that. Second thing I want to say is that on 978 Parkwood Drive, we have a house that should have been condemned. It's been out there. All the residents in Woodmir have been complaining about it. We see the cars drive by. Your trucks for the commission. They drive by all the time. Nothing is getting done on that house. The roof is falling in. So, can somebody please
look at 978 Carolwood so we can get that taken care of? I do not believe we need to increase the budget. I think we need to get our arms wrapped around all the money you guys do have. And so, I would really like to see those auto renewal contracts come my way so we can look at it. We'll take care of it. Thank you. Thank you. Uh, Commissioner, is it possible that we give uh Miss McMahon the um a card to look at that property with the roof that's falling down? Thank you.
Okay. Thank you very much. Thank you. Can we also have staff follow up with her too about that FOIA? Next up, uh we have Elaine Davis. Hello everyone. I'm Elaine Davis. I live right here in the terrace. Um, the other lady who spoke earlier about code enforcement pretty much said most of what I wanted to say here this evening. Uh, I think the budget is great. I don't think we need to cut anything, especially on code enforcement. You know, I've been here so many times asking and asking to make code enforcement active. It is a beautiful place that we live in. And she's 100% right. And
these other people here, this is the preferred place, but it's up to us to keep it that way. So, I just ask that you do not cut anything from code enforcement. Please, let's make it active. I think if all of you folks and every employee who works for this city passes by something and sees that it's not right, report it to code enforcement. Use that additional $200,000 to compensate and work on all that. But there's no reason for a neighbor to neighbor issue to ever happen again. I've had it happen to me. I know it's happened to a lot of other people. You
create havoc amongst neighbors. When one reports something from the other and it becomes a battle and I just think of every employee in the city, every truck that goes up and down the street, you're seeing it more so than I'm seeing it or anybody that's just a neighbor. Just report it to code enforcement and let them deal with it. Not a fine. It doesn't have to be a fine. I think it needs to be an education. And I think nine out of 10 people will clean up their acts. So, I appreciate you guys and don't touch our budget. It's good. Thank you. Thank you, Elaine. And last card I have of the night is uh Connie Colby. Connie. No, there you are.
Good evening. Connie Colby, 108 Robble Lane, Ormond Beach. Um I have three things. I'm probably going to jump around here a little bit. Um, first of all, when you have events here, you have signs posted here at the bridge. I live up that way. I don't go to the bridge unless I absolutely have to go over the bridge. Is there any way that you can get those kind of information out to people who live west of the bridge? Um, I don't know where signs might go that might be helpful, but a lot of times I'll see things in the local paper of events that have happened,
but they've already happened. We've missed them because we didn't know about them. Um, skip from that. Got new phones. when I went to transfer things over um on notifications, they didn't transfer over, but I started to look um I don't know, is there somebody who is in charge of what gets on the notification place on the internet on your site where you can sign up for notifications and some of the boards don't seem to be listed on that site that you
could sign up for. Like I don't see the aviation board is not there anymore. Um, many of them are not there. I made a list of the ones that are not there. But some of the things that are there are things that like news flash. Okay, I might want that. But, um, like firefighters, pension board, it does not really apply to everybody here. Um, performing arts center maybe. There's just many of them that the advisory boards are not there anymore to sign up for. So, I would appreciate
if somebody would look at that and see if there's some way to get those boards back on there. The um housing authority is not there anymore. Um community development block grants, brownfield advisory boards, board of adjustments and appeals. Um a lot of them don't seem to be there anymore. Um same the um uh thing that code enforcement back on that I Harold I sent you an email on that. Um I was wondering if there's not some way of dealing with this differently. Um when I was
here for something you had on could go around to different sites and see what was happening in the city. They had this pamphlet available. Um, it's called residential code compliance and for information. Um, maybe I don't know how your system's set up, but maybe with your water bill, maybe you can define who has a residential home that maybe you could put something like this in their bill one time to let them know what the code is because that's not one of the first things people actually live ask about when they buy a house here and may not know. But that was one of
the thoughts like you have the um volunteer police department, whatever they're called, and some of them have cards, cars. Thank Thank you, Bobby. I'm sorry you're asking. Um just real quick, um are we updating the website or is there anything going on with that? Um why those boards might not show up? I'm guessing the boards don't show up because there's no vacancies on those boards, but I will double check about that. Okay. appreciate. Thank you. Okay, we're going to move on to the
um the approval of the minutes. The minutes for the July 22nd, 2025 city commission meeting have been sent to the commission for review and posted to the city's website. Does it does anyone have any corrections or changes at this time? Move approval submitted. Second. Any other discussion? Seeing none, all those in favor say I. I. I. All those opposed? Motion approved. We'll move on to the consent agenda. Um items on the consent agenda are deemed routine and non-controversial.
The action proposed is stated for each item. Unless the city commission removes an item from the consent agenda, no discussion on individual items will occur and a single motion will approve all items. Does any member of the commission wish to pull any items from the consent agenda? Oh, Deputy Mayor. Yep. I'd like to pull F and G. F and G. Okay. Move approval. Absent F and G. Second. Okay. Any other further discussion? Seeing none. Uh, city clerk,
please call the vote. Commissioner Tolland, yes. Commissioner Sargent, yes. Commissioner Deaton, yes. Commissioner Briley, yes. Mayor Leslie, yes. Um, city clerk, can you read 7F on the consent agenda? Resolution number 2025-130, a resolution authorizing the acceptance of an access, maintenance, and utility easement from Harding ZWJ Corp. located in the Amberwood subdivision, a portion of the Hunter Ridge
development of regional impact located in Flagler County and setting forth an effective date. This is resolution number 2025-130 read by title only. Is there a motion for approval before we go into discussion? So moved. Second discussion. Yep. So um I pulled F and G because of the water that we're providing to Flagler County. I was wondering if Mr. Spraker could come to the podium, please. So, I had gotten a few emails um questioning that and you on the planning board we we talked about
that quite a bit, but kind of as an education piece, why would we want to provide water to Flagler? Is this part of that DRI agreement in is the one-year maintenance a common practice? If you could please explain that to me. Steven Spraker, plan director with the city. So um over time as Hunter's Ridge and Flagler County developed they requested the city or beach at first we were the wholesale provider. So we provided a source and it became a wholesale provider. As time went on
around 2016 August 16th 2016 with a resolution or I'm sorry ordinance 16-25 the the city agreed to be the the utility provider for Hunters Ridge Flagler County. So we are responsible for the water and sewer services within that development because these plats are not coming to the city commission. The only way for us to accept the maintenance of of these areas to get an easement is to go through an easement process which you have before you tonight within subdiv subdivision
construction. Um basically the site plan review committee reviews the project. They inspect the project and at the end they determine it to be complete. When it's complete, there is a one-year maintenance bond which is the app the subdivision then has to provide. At the end of that one year, the site plan view committee utilities in this case will go out and and inspect the subdivision, see how how it has fared over the year. If there are corrections, they will require the corrections. If they're not, they would accept it at the end of the maintenance bond. Are we shorting the city any water? No, I believe you're actually making money because you're charging them
an out of city rate. So, you know, basically it's part of the utility master plan. It's been planned since at least 2015. So, um it's it's part of our utility infrastructure. And the utility rate change was from wholesale in 2016 to now retail. Correct. So, each account has their own bill and that I think they're 125% if if I recall correctly. Thank you. Thank you. Any other further discussion on F? Seeing none, uh city clerk, please call the vote. Commissioner Sargent, yes.
Commissioner Deaton, yes. Commissioner Briley, yes. Commissioner Tolland, yes. Mayor Leslie, yes. Um, city clerk, can you read 7G? Resolution number 2025-131, a resolution authorizing the acceptance of an access, maintenance, and utility easement from Skyway HR Acquisitions LLC located in the Woodside at Ormond Station Subdivision. a portion of the Hunter's Ridge development of regional impact located in Flagler County and setting forth an effective date. This is
resolution number 2025-131 read by title only. Move approval. Second discussion. I think this kind of correlates with F right. Okay. All right. So then with no further discussion I will call the vote. Oh, city clerk call the vote. I'm sorry. Commissioner Deaton. Yes. Commissioner Briley. Yes. Commissioner Tolland, yes. Commissioner Sargent, yes. Mayor Leslie, yes. Okay. Thanks for
that update, Steven. We're going to move on to um before we move on, does any of the commissioners wish to comment any of the consent agenda items? Of course. Of course. Sorry. No problem. Consent agenda a opioid abatement funds. just I'm I serve on that committee and I just want to share with the commission that there are many many many projects that that resource funds and is really helping in the community and I also wanted to just make a comment to B which is river to CTPO or has
been the recipient of of these funds and we have enjoyed the benefits of the transportation project so I don't have a problem at all and I sure mr uh commissioner Briley would agree that we we benefit from being a partner in that. Absolutely. And if I may, Mr. Mayor, uh just just uh to piggy back on what Commissioner Tolland said, um the way the TPO structures their fees with the cities is they charge 10% of the total population of the city. So that's why you see the number of $4,500. Thank you. Thank you. Uh any other discussion before we move on? Okay. Thank you.
Um, I will now open the public hearings uh for 8A. Um, see a city clerk, please uh read the title. Ordinance number 2025-21, an ordinance amending chapter 2, District and General Regulations, Article 6, Overlay District, Section 2-73, Green Belt and Gateway Preservation Districts, Subsection C, Design Criteria, and Chapter 3, Performance Standards, Article 3, Environmental
Protection Standards, Section 3-21, Wetlands Protection, Subsection H, Buffer Requirements of the City of Ormond Beach Land Development Code by amending the landscape buffer and wetland buffer requirements for properties located within the 1000 block of North US Highway 1 Ormond Beach to be consistent with Volusia County standards repealing all inconsistent ordinances or parts thereof providing for severability and setting forth an effective date. This is the second reading of ordinance number 2025-21 read by title only. Move approval. Second.
Second. Okay. Um at this time, do we This is a second reading. So, do we need the plan director to come back up again? No. Seeing no. Uh, does the applicant need to speak on the item? No. Um, we don't have any cards either on this item. Oh, no. We actually No, we don't. No cards. We have a motion. We have a second. City clerk, please call the vote. Commissioner Briley, yes. Commissioner Tolland, yes. Commissioner Sargent, yes. Commissioner Deaton, yes. Mayor Leslie, yes.
Move on to 8B. Uh, city clerk, please read the title. Resolution number 2025-133. A resolution of the city commission of the city of Ormond Beach affirming a final determination by the site plan review committee to approve a site plan for the development of a proposed Circle K convenience store with gasoline sales at 699 South Nova Road. Site Plan Review Committee file 2024-000051 denying any an appeal of the final determination and setting forth an effective date. This is
resolution number 2025-133 read by title only. Thank you. At this time, I'm going to call um Steven Spraker to uh come up uh and talk. Well, no. Yeah. Mr Mayor, if uh if I can, let me jump in here first. So, okay. Um so what you have here I want to give you some some guide some guidelines uh for your role this evening. This is uh different than the matters that you typically uh hear u most of the land use matters that you hear. You have a public hearing uh you'll take
u testimony and documentary evidence and you kind of weigh that in a balance and and you'll you'll make a determination and you can impose some conditions. This is not what you have. Um, this is an appeal from uh what we term final um administrative action by the site plan review committee regarding a site plan for the development of Circle K on um uh the corner of uh Hand Avenue and and uh Nova Road. Your your role is more limited this evening than it typically is.
Um these types of matters ordinarily um since it's a final determination would not be heard by the commission. It would be heard by a circuit court sitting in an appellate review capacity. So you are essentially serving in that role this evening. Your your role and this is by your land development code is to review the record that was created before the site plan review committee. Um you do not take any evidence. You do not take new testimony. You don't even hear from residents
because this is an appeal of a final determination by SPRC. So your role is limited in that capacity. Your charge is um to look at the record evidence and uh determine whether there is any uh evidence competent substantial evidence to support the determination that was made by the SPRC. If there is, then the law requires you to uphold that determination. um you essentially have to find that there is no evidence at all um in order to overturn that determination. You're not able
to reweigh the evidence and you're not able to substitute your judgment for that of the SPRC. So again, it's a role that's more appropriately um conducted by by circuit court, but by your code, it comes here. I think in the future, one of the things that we will do is we're going to amend the code. I think is certainly appropriate for this commission to hear an appeal of administrative interpretations of various provisions of the code. But when we're dealing with final agency action,
uh then there needs to be um a a a different appeal route. And by way of comparison, um I I will um um you know, remind you that the board of adjustment appeals that here hears matters regarding variances. They also issue final determinations. You never see appeals from them. That goes straight to circuit court. Same with the special magistrate. So something in the code that we need to get fixed. Be that as it is, we're trying to find a way to uh accommodate the appeal, Miss BoBak's appeal um regarding that determination. Um I will be here to help guide
you through that process because it is a role that you typically do not uh perform. um your code does not prescribe a um sequence for presentations. Um so my suggestion is to utilize uh the same format that we've used in other matters. That would be to uh um hear first from the planning director as a the head of the SBRC for a brief u overview and then uh Miss Bobak can um present her argument to
you followed by uh the uh circle K folks and then you can have some rebuttal after that and then you go into your uh your your discussion. Now, you may want to ask um uh uh the appellant and the appellee as we refer to them questions. That's fine. It just needs to be based on the record evidence from SBRC and and you really can't go out that footprint. So, I'm going to try as much as I can to stay out of your discussion and your questions, but because it's different,
I may need to kind of pull you back in. So, with that, Mr. Mayor, I will turn it back over to you and then you can call Mr. Spraker up. Thank you, Randy, for that clarification. And so, yeah, I'll call up the director, Steven Spraker, to speak. Uh, we'll allow 20 minutes. Um, you don't need all 20 minutes, obviously, if you don't need it. And then followed by the appellant and the appellee. Can I get the site plan, please? Uh, good evening. Steven Spraker, planning director uh with the city. So, as as the city attorney um stated, this is an appeal of a site plan review committee
determination. The property is at 699 South Nova Road. Circle K is the applicant. The map um to my left is a zoning map. The property is zoned as B8, which is a commercial zoning district. The map on the right is an aerial showing the location of the city. Uh the next slide, the next slide is a better aerial because it's more focused. So the existing property is a former Bank of America building. To the east of the property, there is residential.
To the north and south are commercial properties. To the west is Nova Road and then the 7-Eleven gas station. The BA zoning district has three types of uses. Permitted uses, conditional uses, and special exception uses. So the permitted uses are approved by a site plan review committee. There are no conditions. Those are uses allowed by right. Retail sales is an example of permitted use. Conditional uses have conditions contained within section 2-56 and 2-57 of the land development code. So there are specific criteria that the site plan review
committee has to review as part of the review and approval. The last use of a special exception use those go to planning board and city commission. They also have to comply with those those sections 2-56 and 57 and there's a staff report and then the city commission is the final decision maker on special exceptions. So, the use before you tonight is a convenience store with gas gasoline sales. That is a conditional use which is reviewed and approved by the site plan review committee. Um, starting in February uh 18th of this year, there was a public comments of a resident who expressed
concerns with the gas station and the proximity to residential areas. On March 4th, the commission directed city staff to start a land development code process to look at the distance requirements between this use and residential uses. On May 8th, the planning planning staff took the planning board a discussion item where we received policy direction regarding convenience stores and we're on the way to a land development code amendment. July 1st came and um Senate Bill 180 was enacted. That is state legislation that preempts local governments from adopting a more restrictive or
burdensome procedure for approval, including the issuance of a site plan, a development per permit, or a development order. So, you can't make a conditional use now into a special exception because you've made it more restrictive. So, that process stops until October 1st, 2027 or until Senate Bill 180 is amended. The site plan included in your packet. Um, some key facts. The existing bank building is proposed to be demolished. The property is not in any wetlands. So there's no existing wetlands on property. It is not in the flood plane. It is not within a
primary or secondary welfare or protection zone as defined by the land development code. The building is proposed to be 5200 square ft. Um the site plan complies with the landscape buffers abutting residential areas as determined by a landscape architect. There is the installation of masonry wall abutting the residential use. The storm water exceeds the land development code requirements. The storm water provided is for a 100-year storm. Our land development code requires a 25-year storm. Our the storm water plan has been reviewed by a professional engineer employed by the city.
There was a traffic study done for the project. Um city staff hired HDR, a consulting firm with a professional engineer that reviews traffic. Um part of that discussion was a prohibition of left hand turns in and out of the site. Um so that was one of the determinations of the site plan review committee. And the project also complies with the architectural design standards. So the project started in December of 2024. There was a neighborhood meeting on February 10th. So everyone within 600 ft got a notification. Um the applicant did that meeting. There was a couple additional
submitts and then on May 14th was that final SPRC, a site plan review committee. So that final SPRC determination. So who is the SPRC? There are three voting members. One is a landscape architect. she is a registered landscape architect myself um AICP and the city engineer who is a professional engineer. There are other reviewers who also provide comments, a utilities engineer also a professional engineer, the fire marshal and a couple of senior planners. So for this
um this item there was a staff summary packet which is in your packet. Um there was a police captain who provided a summary regarding the hours of operation. So there was an outside expert of the SPRC who provided testimony regarding the hours of operation. There was a consulting traffic engineer. The one who reviewed the traffic study was also in attendance and also talked about the site movements and um how access should be restricted. Um the applicant had opportunity to pres present there were public comments uh I think by about six people and then the SPRC made a final
determination. So that final determination had three aspects. one to allow a 24-hour operation of the convenient store with gasoline sales to prohibit left-hand turns onto Hand Avenue with the installation of signage and a painted pork chop area. There is a condition that that that condition is monitored at a one-year and two-year period after a a certificate of occupancy is issued and then approval of the overall project subject to the resolution of the outstanding site plan comments were technical in nature. it would not change um the site appearance. So on May 27th,
there was a appeal to the site plan determination. Uh within your packet, staff sought to highlight what the what the appellant said, staff's response, and the applicant's response. As part of this presentation, I'm only going to go over staff I'm assuming the appellant will will go over theirs and the applicant will there. The first was regarding public health and safety. Um the statement did not provide any land development code reference. Um, the land development code does not regulate the items identified in the statement. There were no studies or data analysis provided as part of the appeal and the Florida Department of Environmental
Protection has regulatory authority over gas stations, including inspections. The second statement was environmental risk and storm water contamination. Um, again, there are state and federal regulations of the emissions and the um chemicals that the appellant uh spoke of. The redevelopment plan does provide a storm water management system. Again, it exceeds our land development code. It has been reviewed by a professional engineer employed by the city. Um, the appellant has not provided any data analysis from a qualified design professional such as a
professional engineer uh regarding the statements regarding the degragation of water quality and um the statements in in that um item. The third statement was regarding building and energy codes. Um the the statement references the seventh edition of the building code. There is now an eth edition in in January 24. Basically the applicant's not at the building code stage. He has got to get through site plan in order to get to building code. All building code will be reviewed
by our building staff and will be complied with. Um there was a statement regarding uh what SPRC might have thought in the hours of operation. There were a number of items um presented. Um, there was the applicant's written responses to the conditional use criteria. There was the other gas stations in the area which do not have hours of operation restrictions. Other 24-hour uses and and probably the most important, the testimony of the police captain who talked about the proposed use and his belief of what those impacts might be. The fourth statement involves incompatibility
with the city's comprehensive plan. Um, what we try to do is provide the actual policy. Um we provide the appellant statement and then what the policy said. Um the first one was in the future land use element policy 1.1.3. Um this is a land use policy. So there is no change of land use with this application. It is a a zoning review. It's a conditional use in a B8 zoning district. So um this this policy doesn't propose or this application doesn't propose to change any
land use. So this policy is not applicable to this case. Another the second policy is policy 1.1.5. Um the appellant statement says discourage high-risk and pollution prone uses your residential areas. This policy is is geared towards residential developments and um in essence it seeks to allow innovative designs often through the plan development process. So the text doesn't contain the terms high-risk pollutant prone as stated in in the appellant statement.
The next policy 4 1.4.1 um this is actually under objective 1.4 which is under the industrial utilities land use. So this property has a commercial land use. So the that whole entire objective would not be applicable because that's applicable to industrial uses. So that policy um does not apply to commercial properties um in that B8 zoning district. Policies 2.2 2.7 and 2.28. Um, we did not find that in the future land use element. We found it in
the utilities element. So, those policies referenced uh wetlands and the allowance of making wetlands as part of your storm water system. There are no wetlands on the property. The storm water proposed is excfiltration. So, underground um section policy 2.2.8 says that um every project has to maintain their storm water system. So if approved, they will be required to maintain their storm water system based on city codes and the St. John's River Water Management District codes. There's the policy if if there's desire to go into them. It was also in your staff
report. The last statement u was divided into two parts. Uh lack of community support. Um again, there's not a land development code reference that the site plan review committee can can deny an application based on that. The V8 zoning district specifically allows the convenience store use as a conditional use. Those conditions have been reviewed. Um and then the second part of this was u procedural oversight. Uh basically you know lack of biological assessments. Um again the property is not doesn't is not in the flood plane doesn't have um endangered species and is not within
uh the flood plane. There were references to go for tortoises. Every project has to uh basically do that assessment 90 days prior to construction. That is regulated by the Florida Fish and Wildlife Commission. So they the applicant would have to basically demonstrate there are no gopher tortoises. If they are, they would have to come up with a management plan. In summary, the site plan review committee has reviewed the project in accordance with the land development code. We've required a neighborhood meeting as required. We've reviewed the criteria in sections 2-56 2-57. Those are part of your packet tonight. Um the May 14th was a public
meeting with an opportunity for ind individuals to provide testimony evidence. Um the site plan review committee did consider testimony from law enforcement and the professional traffic consultant. Um staff does not believe the appeal meets that substantial and competent evidence um that city attorney spoke to. Um the items in the in statements one and two are not within the land development code and regulated by other agencies. the uh hours of operation and the lighting. They are required to comply with all lighting of the Florida building code. And then
u the comprehensive plan we kind of went through in the staff report and my presentation. And then the lack of community support that is not a conditional use criteria that the SPRC can apply based on land development code standards. Staff is recommending um to affirm the site plan review committee decision. Um again we don't see any data Nelson there. There's no land development code reference. For example, if you require 30 parking spaces and you provide 29, that's a land development code reference that the site plan review view committee failed to meet. Um,
if the commission believes we have misapplied land development code standards, that would need to be identified and the applicant would have the opportunity to comply with those standards through the site plan process. I am available for any questions. Commissioner Briley, and this is a question for Steven or and or Randy. Um, I think Steve, when you started your your presentation, you mentioned um, Senate Bill 180, and I know there's been discussion among the commission and maybe even some of the planning board about maybe in the future not having the desire for a
a project like this to be so close to residential. But if what I'm hearing, Senate Bill 180 may have undone that basically where we cannot be more restrictive than what is already allowed. Let let me let me kind of jump in here. So um I think that um discussion was provided for general information purposes but wasn't a factor before the SBRC when it considered. So you really need to kind of confine your I think for general information that's fine. We can have that discussion in a
broader footprint after this if you want to do that. But well, I guess that any consideration now that we would have it would would that that Senate bill would also affect that. Correct. Um not regarding this. I haven't made that evaluation, but potentially it could. Yeah. Any other questions for Steven? No. Thank you. Thank you. Next up, I'm going to call the applet, uh, Miss Amber Bobak to give a presentation slash argument based on the record on appeal. Um, we're
going to give her give you 20 minutes and ready to start when you are. I am short, so sorry. Um, and I am nervous and this is a very emotional topic for me, so I do apologize if I get emotional. Uh, good evening, Mayor Leslie, commissioners, city staff. I am very very grateful for all of the conversations that all of us have had individually throughout the last 6 months walking me through the process. Randy Hayes for communicating with me on the legalities of how the process is going to work. So that being said, I am still going to say my piece. Um, everyone keeps trying,
I say everyone, specifically the applicant and the arguments that I make try to make me sound discredited because I'm not a professional or an expert in a specific field. But I would like to remind everyone that history is full of people who were not experts or professionals but still changed the world. Abraham Lincoln, the Wright brothers, Frederick Douglas, Emily Dickinson, Benjamin Franklin just to name a few. Being a citizen, a neighbor, a parent, a qualifi is a qualification enough when stakes are this high. The applicant has tried to frame my intelligence
as irrelevant, like I don't belong in this process because I don't become backed by corporate money or a legal team. But I do belong here because I live here. I raise my children here. I drink this water. I breathe this air. and no corporation is going to come into my neighborhood and act like plan their plans for development matter more than our lives in that neighborhood. Uh the current development system is not working to protect us in that neighborhood. Um the current
system of permitting codes and oversight supposed to serve the public but right now it's serving the developers first. I refuse to accept a system meant to protect us being used to push us aside. For six months, I have stood here as a neighbor and a longtime resident, bringing forward clear, consistent research concerns for my community's long-term safety and way of life. Hight traffic fueling stations do not belong 100 ft from children's bedroom windows. If this was your street, your family, your water, I hope you would be asking the same questions and expecting
answers, not just approvals. Now, I would like to respond to a few of the comments that were made on my appeal. Uh while the applicant claims that there are no wetlands on site, I do agree that there are none directly on the site property. But record shows and common sense confirms the storm drain system they do want to hook into does flow into Laurel Creek, which is part of our city designated wetland storm system throughout that central park neighborhood.
Contamination does not respect property lines. Uh the applicant also storm water meets the St. John's River Water Management requirements. That is why I have personally petitioned St. John's River Water Management District's permit. We have a Department of Administrative hearing full evidenti evidentiary scheduled for this September. Um St. John's and the applicant are trying to dismiss and or strike my petition, but the fact remains I was granted a hearing and I will be
heard in front of the judge. The applicant also unfortunately I did reference the later version of the lighting code but I have given screenshots to all of you of the updated code where the verbiage is still there. It is not the exact same but it is still in existence. Um, as far as the city's similar use exists as far as the 24-hour gas stations, yes, they operate 24/7, but they are
not all directly abutted next to the residential neighborhoods. They all have some sort of buffer that is a greater distance between them. And the ones d one directly across is county regulations, not city regulations. Um, I still have a problem with the fact that the applicant says that they have met with several of our residents directly abutting that property because I have signatures from all of them on the petition and emails stating that they were never contacted other than
a letter. Uh, the wildlife habitats, I guarantee you they find them. I I live there. I personally have seen three gopher tortoises within that central park area crossing roads and wandering through yards. I understand that the code is written so that it allows this use, but as most parents often teach their children, just because you can doesn't mean you should. I'd personally like to see the city uphold the comprehensive plan ideals to protect the residents neighborhoods and
refuse projects that put corporate convenience ahead of public health. If new neighborhoods are being protected, our old neighborhoods should be receiving the same respect. Tonight, I am asking you to do exactly that. I understand that you aren't voting to allow the use this evening, but as I have heard several times throughout the construction industry that I work in, land and building codes, just like laws, are not always black and white, they are up for interpretation. Thank you.
Thank you, Miss Bobak. At this time, I want to call the Appelee um Circle K for presentation argument based on the record on appeal and we'll do the 20 minutes again for you. Thank you, mayor, council members. Rob Merrill, excuse me, with the Cobb Co Law Firm, one Daytona Boulevard. Um I don't have a presentation or an argument to make with you guys tonight. Uh in fact, I think Randy's given you all the information along with what Steven's given you. Um as Randy mentioned, this this is what you guys are talking about tonight. I unfortunately I had to kill trees to do this, but
this is the record. There's a lot of it. Um, I've got a whole group of folks that have been involved in this process that are here with me that can answer questions for you guys. Um, I want to thank Amber and I think her son actually came with her to SPRC and I think they've been very I think pleasant throughout this process. I understand their situation. I can uh can sympathize with it. But we are in a situation here where unlike when I normally appear in front of you guys, I'm not asking for a rezoning or a comprehensive plan amendment. As Steve and Randy explained to you, there are basic uh check marks that need to go off on this one. It was I think all of the things
that you see in the in the record here tonight are are doing that box checking that we talked about. Um I don't want to go through and either read this to you guys or even try to summarize it. I'm trying to be respectful of what Randy said, which is everything has to be within the four corners of these documents. If I start to waver from that, I'm afraid I'm going off course. So, uh, if you do have questions though about this, I've got all the folks here with me that can explain any questions that you might have about about the record itself. So,
we're here to answer questions and that's it tonight. Um, I have a card here for uh Divvy, is that his name? Yeah, he's here as part of our team to answer questions you guys have. Okay. Um, did he want to say anything or just No, he's just here for questions. I saw a card reading the card. Sorry. Yeah, we gave you all the cards for anybody who might speak in response to questions. Okay. Yeah, I see uh two other cards here too for a Kelsey and Jared. Same. Okay. Same. Does anybody have any questions for uh the attorney or my team? Okay. Thanks. All right. Thank you. Um,
I'm going to call up the appellant again, uh, Miss Amber Bobak for any kind of re rebuttal and, uh, you'll have 10 minutes. No rebuttal. Okay. Not on that. Um, next questions by the commission. Okay. Mr. Mayor, it sounds like if and and Mr. Hayes, correct me if I'm wrong. We're It sounds like we're our our hands are kind of tied on this. It's a It's a different It's a different subject matter and it's a different process. Um so you're
you're performing in a different role this evening than you typically do and that role has different criteria um that are vastly different than u what you normally hear. So, um, the short answer is within the footprint of the guidelines that are provided you, it's more restrictive in that way. I guess I'll I'll say state it that way. So, I guess basically what I'm saying is I certainly appreciate all of Miss Bobak's efforts, her time, her tenacity, her persistence on this project.
And it's something that I think I have made quite clear in the past that I would not like I would never want to see this happen in our city again having a gas station so close to residential. However, per your instructions, it sounds like Randy and potentially with what with with what has happened with Senate Bill 180, it sounds like our hands are tied. um you know I I don't want to I don't want to be in a position that I'm telling you what to
do because that's not my role right so all I can do is to is to explain the legal parameters um the standard that um um you need to base your decision on is essentially the same standard that a circuit court judge would apply in appellet review capacity and that is with due process provided uh were the essential requirements of law uh applied in this case the land development code and the comp plan. So confident substantial evidence to support the decision by the SBRC. If there's
any evidence at all any even the legal term is a centilia of evidence then the legal requirement is you must uphold that determination. There's got to be a complete absence essentially complete absence of any evidence to support that determination. So you're performing the same role as a judge would in appellet review capacity. And I I I understand it. It's highly um probably uncomfortable for you in this role because that's not your function. You're used to performing legislative and policy level decisions. So within that those guidelines, yes, you are you are more limited and restricted
in what you can do this evening. Thank you, Randy. Thank you, Commissioner Briley. Uh with that said, did Commissioner Deaton want to say anything else before I call the vote? Commissioner Sargent, you go ahead. Okay. Thank you, Mr. Mayor, and thank you, Amber. Um, I know this hasn't been an easy process, and I wish we could do something to prevent this from going in uh in the future, but I think our hands, as been mentioned, are tied. And I do think that staff has done everything within
the guidelines um regarding this matter. Um, like I said, I I wish we were in a different position and it's very unfortunate with the Senate Bill 180 and um a current application and I get it and I hope that the applicant um as they move forward is the best neighbor and helps with the lighting, the walls, whatever other issues that may come up. and I'm I'm sure that they will be. Um, and like I
said, I can't say enough. Thank you for everything that you've done, all your research, um, all the informative emails, um, been very respectful. Um, I can't thank you enough. I mean, I wish every resident was as involved as you and as concerned and as thorough. Um, and it's unfortunate that u the code's the way the code is and we can't change it to to prevent this at this time. Our hands are tied and and like I said, I just hope that the applicant will work with you on on future
request on whether it's the wall, the lighting, and different issues. Um, that's all I have, Mr. Mayor. Thank you. Uh, Commissioner Deaton wanted to say something. Is that okay? Okay. Amber, I just wanted to thank you. Um, you went about this the right way. You approached it properly. You approached us with respect and grace and we appreciate that. I will definitely say that. I wish we were up here to vote for a gas station tonight. I wish I was able to vote no on a gas station for you. I'm not here to do that tonight, but I wish I was. Thank you again. Thank you,
Commissioner Deaton. Uh, Deputy Mayor. Yeah, thank you. and you all pretty much verbalized a lot that I wanted to say. You know, it it doesn't appear it appears that the applicant met the criteria and is consistent with the the L's land development code and I really can't find any evidence to approve the appeal. But saying that, I do disagree with some of the decisions made by the SPRC. I know their vote wasn't unanimous. Um the hours of operation I really do hope that uh I do think they
should be limited um only do because of the close proximity to residential housing. I don't think it's fair to compare that with across the street and same with the lighting. I would like to think that maybe the applicant will work with with the residents at least putting shields, maybe having that same respect and dimming those lights in the evening time and maybe look at the deliveries, make sure they're restricted for daytime things and and maybe a wall that's masonry wall that's
higher and and nicely landscaped. Um, I do believe, Steven, that all the boxes are checked in our planning process. We always talk about those boxes. Um, but I think somehow we need to do better for our neighbors when there's projects that affect them like this. Um, I suggest and I I acknowledge, you know, Senate Bill 180 and and the restrictions it's going to be. If we ever have the
opportunity, I really would like to look at making some changes um when a gas/convenience store is close to um proximity to residential. Um Miss Bobak, you said you weren't brave, but what you've done the last few months is one of the bravest things I've ever seen one of the res any residents do. And you truly did it with professionalism. And don't ever underestimate your abilities and your
mind to think through a whole process the way you did. You looked at complicated topics that we we have the ability to to research and try to make these decisions. But you looked at everything and even had to navigate how to do an appeal. what what organizations do I talk to? So, don't ever under underestimate what you did, okay? You showed everybody how it should work. Um, your commitment
is commendable and impactful and your persistence was unwavering. Um, you show you've shown others and more importantly, and I'm so sad your son's not here, why community advocacy is important. Um, I do regret that this is not the outcome you desired, but please know that you were heard and your efforts were appreciated. Yeah. Thank you, Deputy Mayor. Um, before I ask for a motion here,
I will just say a few things to to Amber. Um, you've done a great job with a lot of things. Um, I mean the emails, the information. I mean, every time I received something, I was like, "Holy cow, like that's a lot of hours of research and time." And I want to really stress that don't let this discourage you. You know, you have a lot of great talents and a lot of things that you did. And this was kind of like one of those uphill battles, but uh, you did a great job. Unfortunately, some of
the situations that we're dealing with right now uh legally u would just put us in a really difficult situation. I know that one of the things that we talked about early on was that I grew up behind a gas station and it was a real real pain in the neck for us. Um and I I understand all the things with the noises and the smell of gas and all kinds of stuff. I mean that you know I had to live through. Uh so I understand that. Um but you did a great job and like I said don't let this discourage you. still come, still be involved. We need residents like you. So, uh, good job in
that in that regard. Um, so with that said, uh, we're done with, uh, everything else here. At this point, I'm going to look for a motion, uh, for approval. Move approval. Do I have a second? Second. Any other further discussion before I call the vote? None. Uh, city clerk, please call the vote. Commissioner Tolland, yes. Commissioner Sargent, yes. Commissioner Deaton, yes. Commissioner Briley, yes. Mayor Leslie, no. I will now close the public hearings.
We're going to move on to 9A. City clerk, please read the legal title. Ordinance number 2025-23, an ordinance amending chapter 24 traffic of the city of Ormond Beach code of ordinances by adding a new section to be numbered and entitled section 20-21 city paid parking lots repealing all inconsistent ordinances or parts thereof providing for severability and setting forth an effective date. This is the first reading of ordinance number 2025-23 read by title only. Is there
a motion for approval? Move approval. Second. Uh Randy, could you speak on the item quickly? Thank you. Uh yes, sir. This So this is um the first step in the process of establishing uh excuse me, paid parking fees uh for the parking lot. Um so this is an ordinance. It'll be two readings to come back on second reading and then uh we're still working on the uh contract if you will uh with the the vendor and uh trying to time that for uh when um I guess everything I don't know
where Shawn is at but we're trying to transition at it at kind of the same time. So this is the first step in that process and at some point the contract will come back before you for as a separate item. Thank you Randy and Mr. Mayor if I might. Um this is to be similar to the Volusia County paid parking where residents would park for free. Uh they would just um register their license plate and that's the plan. Okay. Volusia County residents. Correct. Okay. Did I say um I have no uh I don't have any cards here. Is there questions by the commission? Uh Commissioner
Sargent. Thank you, Mr. Mayor. I just hope that as we move forward we do a better job than the county cuz I can tell you I've gotten three tickets for parking and I'm registered and I've had to fight the tickets and I had to go down to Daytona Beach Shores to fight the ticket only be told that I had to do it online which it didn't say it on on the ticket. Uh very frustrating the process I've heard from many residents. I parked on Seminole Beach approach. I got a ticket. I was parked um on the concrete in front of a sign that you scan for Volusia County and I got a ticket
there. I had to fight it, which it got thrown out for officer error. But how many how many of our residents had to pay that $30? How many people, you know, I think it's very frustrating to me. Um, I got another ticket and I'm registered. When I went to a Boys and Girls, um, or actually it was Boy Scouts gala at Hard Rock and I park parked next door, got a ticket there, my car is registered. Just very frustrating. I don't think uh, I hope we do a better job and I'm confident that we will than what the county has done. Thank you. Just a question for you on
that one. Uh, Commissioner Sargent, is that a a vendor issue, you think, or is that a staff issue with the county? you would need to direct that comment to the county. I'm not involved in it, but all I can tell you is that it's very flawed. Very concerning. Um, any other questions by the commission? Okay. Well, we already have a motion for approval and a second. Uh, I don't have any cards. Um, at this time, I will call the city clerk for a vote. Commissioner Sargent, yes.
Commissioner Deaton, yes. Commissioner Briley, yes. Commissioner Tolland, yes. Mayor Leslie. Yes. Move on to uh 10A. City clerk, please read the legal title. Ordinance number 2025-22, an ordinance amending sections 15-3 and 15-8 of chapter 15 parks and recreation of the city of Ormond Beach code of ordinances to provide for the regulation of vaping in parks and at
other municipal facilities. Providing for the repeal of all ordinances in conflict herewith, providing for severability and setting forth an effective date. This is a second reading of ordinance number 2025-22 read by title only. Is there a motion for approval? So move. Second. Um I don't have any cards here for audience remarks. Um this is a second reading. Do we need Randy to discuss the item again? I think so. Um if not then I'm going to call the city clerk for a vote. Commissioner Deaton. Yes. Commissioner Briley. Yes. Commissioner Tolland. Yes. Uh,
Commissioner Sargent stepped out. Absent stepped out and Mayor Leslie. Yes. Um, okay. So, I think number 11, we're going to table that one. So, that one will be moved on at another time. Mr. Mayor, I motion to table item 11 A1 and A2. Second. Second. Okay. Any other further discussion on it? Seeing none. Oh. Um, do I need to make the announcement
here since we're tablebling it? Yeah, for consistency it would be appropriate. Yes, sir. Yes, ma'am. All right. Um, so I will not be able to vote on resolution A1 or A2 due to my son working with one of the companies that could potentially be awarded the contract. And this was um I can enter in discussion but not vote. And this was um information was given to me
by Tallahassee Code of Ethics. Thank you. Yes. I echo what Deputy Mayor Tolland just said. I will be abstaining from voting on this item as I work for Foundation Risk Partners. Um, I was advised by the code ethics attorney that I could participate in the conversation but could not vote in it. So therefore, I will be abstaining from voting and I will be turning in my form 8 per the guidelines to the city clerk. Thank you. Thank you, Commissioner Sargent. With
that said, uh, city clerk, please call the vote. Commissioner Briley, yes. Commissioner Tolland, abstain. Commissioner Sargent, abstained. Commissioner Deaton, yes. Mayor Leslie, yes. We will now move on to staff and commission reports, suggestions, and requests, starting with city manager Joy Shanahan. Thank you, Mr. Mayor. Turn my light my microphone on. Uh just a couple of general reminders. Um your next commission uh meeting is a um on August 19th.
It's a budget workshop before the meeting and then your regularly scheduled commission meeting. And then Wednesday, September 3rd and Wednesday, September 13th will be our commission meeting days. And those are on Wednesday. And that please note that because I don't believe by state law we're allowed to have our budget meeting heard on the same day as the county. Um just a few general comments. Hurricane and storm proactive preparation has begun and it's been ongoing for a
while now. On Saturday, August 16th, public works staff has scheduled a manned sand pile bag fill event from 8:00 a.m. to 12 noon at Nova Wreck. We encourage everybody to get out early to fill their sandbags in advance of the the storm. Um, we ask that you bring your driver's license. You can fill 10 bags at a time. Um, and staff will be there to help you. If you drive into Nova and you see that hill up there by the the center, that's where you get your sandbags. And our public works crew are
very helpful in that event. Uh, we've had the sand pile open since June 1st. So, the closer we get to storm season and some of this ugly weather might encourage some folks to get out and we would hope that they fill their bags before we actually need them. We will be pushing that information out on social media. So, everybody will have access to that. Um, we have provided to you um uh first steps shelter statistics. Um, you should have received those from um the first step shelter,
parks and recreation. Um the flag football youth league is returning this fall. Uh and that's one of our biggest programs that we have besides baseball. Ages 7 to 14 and a the you have to sign up I think before practices begin which is August 25th. Registration is now open online and uh please call parks and recs if you have any any questions. Adult co-ed softball for fall is now open online and in person through Ormond Beach Parks and Rec. Um there's a team price of
$582 and the registration ends on August 15th. The Hometown Heroes program that's some we're very proud of that program where we display individuals that have um participated in um the uh armed forces. um that's available. You just need to call parks and recreation for more information. And we line the bridge with their photos um and recognize them. And it's really a great joy to see family members taking pictures of their loved ones up there. So, it it's a great
opportunity. Our performing arts center has u many uh events booked for the coming season and tickets are on sale. So, I encourage you to um take a look at that and sign up now because those shows sell out quickly. Um lastly, I I just want to recognize the um fire department. They had their promotional ceremony in the performing arts center. It was really a lovely event. Um we had a an ability to have a lot of people there, which is great. Um it's better than being stuck in the um truck
bay and it's 100° outside and people were falling out. But uh it's really a lovely event and I think the staff did a great job there. So uh thank you Chief uh Bailey for using our center for that. It was a great opportunity to showcase that to your firefighters and their families. I'm available for any questions if you have any. Anyone questions for city manager? Okay. Thank you. Thank you, Joyce. Assistant city manager Claire. Uh, no comments. Thank you. Have a great night. Have a great night. Uh, city attorney Randy. Nothing more. Thank you. Thank you, Randy. Uh,
this evening we'll begin with, uh, Commissioner Briley. Thank you, Mr. Mayor. Um, I'll try to be brief. Um, I got a call last week regarding from a from a constituent regarding our tree ordinance. And I think this is something we're probably going to want to look at reviewing. U maybe want to even just torch this tree ordinance that we have. Um this resident wanted to put a shed in his
backyard. And in doing so, he had to call. He went through all the proper processes for per permitting and everything. And they went to his site and they looked at it and I guess he showed him what he was going to do. And this gentleman is not taking any trees out but being required to put two trees in because supposedly he doesn't have enough trees on his lot. I don't I think this is very punitive. Um, I think especially when you're losing green area, green space with an accessory
structure, which is allow he's not asking for any variances as far as setbacks, but he's actually reducing the green space he'll have in his yard and you're going to require the man to put in more trees when he's not removing any trees. I think is very punitive and I don't think it's I don't think it's right. What What kind of is this like a metal shed or what kind of My understanding is just utility shed. Wow. Mr. Mayor. Yes, I may speak. Um, we are aware of this situation. We are reviewing that ordinance and we will be bringing it back to you for modifications. Um,
I've also talked directly with code enforcement and they are or should be. I don't know what the date of that issue was uh be this Thursday was last Thursday is when he called me. Yeah. Um, they should not be uh enforcing that action right now. So, we're going to bring that back to you. I think it's some unanticipated consequences as a result of that. So, uh, we'll continue to work on that if I did spend I told I spoke to the gentleman. He was going to be here tonight, but I told him I would I would speak to it tonight. So, um, the second issue I have for you is accessory buildings
and we do have something land development code and I I talked to Steven about this briefly. We didn't get into the the the the uh particulars on it, but we have an ordinance in the land develop we have a it's in our land development code that accessory buildings cannot be more say if you're building a workshop or something like that more than half the size of your primary structure. And I guess that's okay when you don't live on two acres. But I have a gentleman who has been before staff
and he wanted to put in a building and he lives on 2 and 1/4 acres and he's been told that his accessory structure can be no larger than half the size of his home. And again, I I maybe agree with that maybe on on a smaller lot, but when you have someone who lives on a lot that's over two acres, we may want to review revisit that as far as maybe, you know, impervious surface or, you know, or or dimensional requirements on a lot, something like that. But I think it is again, I think that's one of those things that it may be it probably when we passed it,
it had the the intended con the intended re reason unintended consequence. it may have unintended consequences. The reason was good, but it didn't take into account possibly larger lots. Um, so if you if if there's any desire by the commission to look at that, um, I think that'll be fine. Yeah, I think so. Yes. Um, I want to thank Commissioner Tolland for your comments on the TPO. Um, the city does do very we always do very well with our our applications with the TPO. Thank you for that. Um,
congratulations again to our our firefighters, our new firefighters, our promotions, and our retirees. It was a great great event, chief, and uh, we thank you for having us there. Lastly, this is something I need to ask my fellow uh, commission members. Um, Realty Pros Assured is having their fall festival again this year at the Casements on October 3rd. And as part of their um festival, because it is close to Halloween, they're having a a costume contest.
And they're hoping the city commission would be the judges of the costume contest. So, if you uh are so inclined, that would be around 6:45 7:00 on the evening of October 3rd at the casements. So, I I just need to let them know if we're interested and if we'll be there. So, sure, we'll be there. Okay. Do we get to dress up, too, though? If you want to dress up, you can dress up. I'm I'm I'm dressing up as myself, so that's scary enough. Some of you are in costume already. I'm available.
Okay. Thank you very much. I'll let them know you're available. And with that, Mr. Mayor, I'll say good night. Thank you. Good night, uh, Commissioner Briley. Uh, Commissioner Tolland. Yes. Thank you. And Joyce, I probably should have asked you when you asked if we had any questions, but I do have a couple questions for you. Um, so Riverside Drive, we put up a electronic sign a while ago saying construction will happen June to blah blah blah blah. A lot of residents have asked me what's going on and um I'm wondering if you have any updates or if you can share with the if
staff can share with Riverside um what's going on with that project. Okay. So, um, we did put some signs up to say we have construction, uh, coming and what we're looking to do is to, uh, replace the Riverside Drive force main. Um, that is a very old force man there and, um, it, uh, needs replacement. So, we're in the process of of of planning that. I think the design is complete,
but one of the most important parts of that process is tree preservation on Riverside Drive. as you know, that's our um historical uh tree area. Uh we want to make sure that that canopy is well taken care of. So, we're working with an arborist to uh um help ensure that we uh protect the trees and root impact and have a mitigation plan for that. So um currently as I understand
there are 24 trees 16 are historic eight are specimen that could potentially be impacted by the by this project. A plan with details was included in the in in this in the report to the arborist and asked for proper pruning methods for root pruning and stimulation of growth. Staff is meeting with the arborist again tomorrow morning on site to discuss these issues and staff is in the process of scheduling a neighborhood meeting in the coming weeks to discuss this information with the community that lives there so that they have a contact information and they
know what's going on. All right. Thank you. Um and since you mentioned trees and commissioner Briley did the same. I think there have been a few, you know, whenever you make ordinance changes, there's always some unintended consequences and not only in the one you were talking about, I have I I have been it's been brought to my attention in some of the tree permitting um as a problem as well. So, thank you for bringing it and bringing it back to us to to address those issues. As you said,
there's always a little cleanup when you have a a large revision like that. So, we are continuing to explore that and we'll bring that back to you. Appreciate that. Um, another question, any up I mean we we've heard all the residents talk about um the downtown roads, the the medians, the construction FDOT, and I I know you've heard all of us ask staff what what can we do? Is there anything that we can share? anything we can do with FDOT to to make that
situation better? I'm so glad you asked that. Um, just last week, uh, Shawn and I, uh, went to, um, uh, the land to meet with Jim Stro, and, um, he's a district traffic operations engineer there. Uh, our consultant, Miriam Gyabi, also joined us there. And, um, we brought the pictures that, uh, Mr. Marvin Miller had shared with the commission to share with the our concerns about the bumpouts and and whatnot. Um they were very uh receptive to our concerns and um and those
of the residents and they are making modifications to those current projects to remove those bumpouts and just put like a painted stripe instead of the bumpouts there. they'll they'll be um paving that roadway in the near future. Um but they they recognize that those bumpouts are difficult and challenging for some drivers and probably not in the best interest. And we can probably do more with painted areas than um uh those bumps that And there's no bike path down there,
right? Because bike paths can be painted that green if it's Yeah, there's no bike path. It's not a bike path. It's just a roadway. Roadway. Okay. Well, thank you. Thank you for advocating for us because I I'm can speak for everybody and we've all heard it from multiple people and we want what's safest, but we also Well, let me tell you specifically about what they're going to do on on the roadways so you have some more definition. FDOT is working to remove the ball bots located
east of Halifax Drive. They're uh removing the chicanees. Those are the lane shifts that we've talked about consistent with lane width. They will modify the curb radius at Halifax Drive. They are modifying the separator at uh A1A and FDOT is looking to relocate the traffic control cabinet that's in front of the Ormond garage. Oh, good. because that's like a bad location for that. The city has requested the review of additional ballouts and chicanees installed on West Granada,
which is this way. So, they're they are very willing to look at that. FDOT has modified the sidewalk along the west side of A1A. The city has requested a review of the installed sidewalk and any opportunities to further improve that. And that's particularly along the golf course section. and and the difficulty there is the golf course has a wide right ofway there. So, we're hopeful that they can do something as far as that's concerned. Um we also talked about Nova
Road. Um I'm pleased to say that the um FDOT did a traffic study and it did merit a light at the Publix um across from the nursing home. you know, we've had a number of accidents there, people coming out of uh Publix and um so it does warrant a traffic light which will help slow that traffic that starts at um Granada and goes to Wilmet because you'll have that break there. Um
so that we're happy about that. I don't know the timing of that, but that's in the works as well. Additionally, they're currently um reworking their conceptual plan for Nova Road. As you may remember that they proposed eliminating one of those lanes and um in rethinking that lane reduction now with the addition of the stoplight um they will probably stripe that wider but they're not going to eliminate that lane and we think that that's probably for the best.
We've heard it from a number of people about, you know, that lane diet and how, you know, five or six or 10 years from now that we would might regret having that lane gone if there's, you know, more traffic in that roadway. So, um, they have expressed a desire to look at that and they'll come back to us with some additional information. Um, so, uh, awesome. That's that's about it I have on that. Great. Well, thank you. I really appreciate that. And um lastly um I just want
to say that you know last week we saw the mayor's Q&A with in the observer regarding the budget. And I just want to say mayor I really wish you would have brought up some of those ideas um that you shared in the paper at our actual workshop um so we could have discussed them. Um I think we all want to keep the rates as low as possible in our city. Um, and we're fortunate right now to have such relatively low taxes and fees right now. Um, I hope we can still get a chance to do that
because the needs we have in our city are real and so too is our collective desire uh to meet those needs as affordable as possible. I'm sure staff has reviewed the idea you referenced in the newspaper and I hope we can talk about those and any other possible changes before we vote on the final tax rate next month. I welcome all ideas just like everyone up here to save money while providing the important services. And tonight we heard from multiple people residents how they
support our first responders and our police. And I appreciate them coming up and speaking to the mic in the mic. I also know that all of us feel the same way. I love the observer, don't get me wrong, but doing this in the newspaper and not from the dais doesn't actually help the process. And I think the best way to do it is in a meeting. Um just like in the meeting we had right before you had mentioned this is the time to discuss health insurance this the time to discuss the budget is
in the budget meeting and the only place we're allowed to talk about these matters and exchange ideas and dialogue are in those meetings. So, I'm really looking forward to an active meeting uh next time in the budget and I hope all of us bring any ideas that we can to be discussed. And with all that, I'll say good night. Thank you, Commissioner. Uh, Commissioner Sargent. Thank you, Mr. Mayor. Um, Josh Pringle, thank you for the note. you know, he sits here, I guess, during
the one of the board meetings and it says, "You're doing great job." So, it's nice. I feel like I'm back in I'm jealous. I'm back in uh middle school when my mom used to give me notes in my lunchbox. I feel like that's what I sat down to tonight. So, thank you. Um Robbie Coleman, Cassen Park, that that ribbon cutting was amazing that we did. And just wow. I mean, all the subcontractors are are local and Ormond Beach residents. I mean, that's that's a huge project um that everyone
participated in. Thank you to everyone that came out tonight in this wonderful weather we had. Um there was some pretty heavy lightning that we had for a while. Um also, thank you to FDOT. I don't know if anyone's listening from FDOT, but while we've had lots of issues, if you will, or complaints, they have been very great to work with the city staff to get them all resolved. I mean, we can't ask for much more. I mean, they dug up the sidewalk, redid it. they're digging
up the the medians, the things that, you know, didn't work and they acknowledged it and they're being a really great partner um with the city of Ormond. So, thank you. Um, thank you, Ormond Beach Fire Department. Chief Bailey, I don't know. Is Chief Godfrey over there? Is he sitting? I'd be hiding, Chief. Um, I don't know. for the fire department. Wow. The PAC. What an
event that was. You know, we had and actually I think it deserves to read their names for the new hires. We had Nicholas Duh and I'll probably mess up their names. Forgive me. Kayla Traylor, Jack Reynolds, Drake Goodman, Clay Carn, Ben Loyd. I'll try to be out of here before 9. Um, badging. We had five officers badging. And badging is after their first year of service is when they receive their badge if I'm Is that correct chief? Thank you. Uh that's so the badging were Peyton Black,
Marc Pinkman, Brandon Hadzard, Johnny Mauro, and Cannon Tarnow. And then for promotions, we had Mark Allen, Garrett Fiske, Michaela Lakes, Alex Maverick, Josh James, Nick Nates, Mike Rannie, Rand Bennett, and Jeremiah Ingraham. And we had three um firefighters that retired, Tommy Boseman,
Lynn Taylor, and Eric Summerland. Oh, four. Keith Crockett. I'm sorry. Um, and wow, Tommy Boseman, I guess, retired a year ago cuz he had some hair on him. I mean, my gosh, I was like, how long ago did he retire? And thankfully, he clarified it for us and said he's been retired for about a year. Um, but Chief, you do a great job. Both of you do. But this time, I got to give a shout out to the fire department. Um, very good job and I'm very pleased with with that. Um, now I'll move on to some other
notes that I made. You know, I too was blindsided as the community was by an article in the Observer uh last week. So, I wrote some notes down. Mr. Mayor, if you want to address them, that's fine. If not, you can just listen to them. But I feel like it's it's it needs to be addressed from the dais and not from me doing a Q&A in response to a Q&A in the Ormond observer. With that being said, Mr. Mayor, the community was blindsided by the Q&A that you initiated with the Ormond Observer.
Please help the community understand why this information was vastly different than that you stated in the budget workshop and the commission meeting. I agree that this millage rate was a starting point and I look forward to working with you, the commission and staff to provide relief to the residents regarding their property taxes. Code enforcement. The data shows that our residents want a proactive approach. This should not be an additional personnel to be out writing tickets.
It should be for education and assisting our residents to help find ways to bring their pro property back into compliance. It is a win-win for our community and it cannot be delayed any longer. When I ran my first election and got elected, I sent out surveys to every resident in my zone and these are the ones I got returned and every single one of them says we want stricter code enforcement. I don't think that we can push this can down the road. We get residents
in here all the time asking for stricter code enforcement and a proactive approach to it and I am not willing to kick this down the road any longer and I don't think the residents are either. There is a need for to add two park maintenance personnel. I need to put on my glasses. I'm sorry. Pardon me. I'm getting old. This will help keep our parks the best and safest safest around like you showcased in your tour of
the city with the news crew. Mr. Mayor, you made the following statement and I quote, and you know it could lower litigation costs because we are self-insured right now as a city. At some point, could you please elaborate how leasing vehicles would lower litigation cost? I'm not sure. I I've looked into this. I don't know where that meant, but that's a statement made in the paper that I think the residents deserve an answer to. Should the city increase taxes to enhance security at
city hall was one of the questions to me and I believe I've heard it from others on the the dais. Safety for our residents and employees is top priority. This upgrade will enhance security to all of our uh city-owned buildings. Mr. Mayor, you stated the following. I don't feel too warm about the current tentative rate right right now. I would like to have seen which each department in
the city asked for and what the change was. So if there was just 3% to add from the year last year, what exactly are we spending on? Mr. Mayor, I ask you, did you ask for this information from staff? This comment undermines the hard work the city manager and department leaders put into this budget. Mr. Mayor, have you found any wasteful spending? I have not found any. However, if you
have or anyone has, I would like to know about it immediately so we can address it. Can you please explain also to the residents what a zerobased budget is? What municipalities municipalities in the state of Florida use it? These are all questions that were brought up in a Q&A, but not in a workshop, not at a commission meeting, but in a newspaper with an article that was initiated by you, Mr. Mayor. I look forward to our next budget workshop, hearing more from all up here
on the dais on how on how we can lower the millage rate. Also, I would like to ask residents if you see anything in the budget, anywhere where we can cut, please bring it to the attention of any of us so we can address it at our next budget workshop meeting in a couple weeks. The residents deserve better transparency from the dais from workshops and not papers. Thank you and good evening.
Commissioner Deaton, thank you. I know this is a topic that I have been very passionate about since being elected, but one of the reasons we are aiming toward a more proactive code enforcement is due to the overwhelming amount of code enforcement complaints we get daily. Whether it is here at meetings, via email, or by phone, we are allocating some money from general funds, not the tax rate, to start a more proactive approach. I think it may be time to reestablish a code enforcement or neighborhood improvement advisory board. In addition to creating an
additional bridge between the city staff and the community, this board can also help deflect some of the non-code enforcement requests and the department currently receives. In addition, I think it's critical for the city to make enhancements to the city's website for the code enforcement department that clearly outlines what it is and what is not within the department scope, if only to help direct redirect some inquiries. I would love to get the input of the city attorney since we do utilize a special magistrate now for code enforcement.
Apologies. What's the question? So, I would love to see if we are going in a more proactive approach, something regards to a code enforcement or neighborhood improvement and advisory board. Um, but we do use a special magistrate, you know, simply to help, let's say, maintain or redirect some of the current complaints that we get. Um, okay, let me try to answer the question uh this this way. The um Yeah, right. um there's never a simple answer to the questions because there's never a question and it's never about the answer. It's always about the question. So,
so can we get an advisory board? So, um I think to be very frank with you, I'm not sure the value in an advisory board. And I want to share some history with you. I mean, I'm I've been here very long time. As everybody knows, when I first started, uh this city and most cities use code uh code enforcement boards for their uh primary means of code enforcement. And back in the old days,
uh it was proactive. And um in those days, I think we only had two or three code enforcement officers and they would Exactly. Right. So that you jumped ahead of me there. Um it's quite quite all right. Um but um you know the the board was efficient but it was a bit cumbersome. We had seven members on that board and uh meetings uh went forever because you have seven different se seven different
uh viewpoints. Um, in the early 2000s, the city commission decided that it wanted a more efficient, streamlined um, method of code enforcement. So, I actually drafted the ordinance that we've got in use today and it's been very effective. Uh, initially we used uh, retired judges but because of some legal requirements we we had to u stop doing that. So now we use um very
experienced attorneys as our special magistrates. It's it's a much more efficient city. Um so I mean uh code enforcement system. So much so that our ordinance was used by other municipalities that wanted to duplicate the same system. So um where I'm going with this is that I don't know having a two-tier system uh is going to be more efficient. I think in some ways it's going to be a bit more cumbersome. Um I think really uh in in order to make code enforcement more efficient um it just
has to go back to perhaps being proactive. Now I will share with you this and and this will happen over a period of time. The reason why the prior commissions made a policy decision to go to uh reactive is because uh they were receiving a lot of complaints by residents when it was proactive. And Harold, you may remember some of this. And so the commission made a decision, a policy decision to go to reactive. So, um that's a policy decision. You could you could make that
you could change that policy decision at any time, but there's going to be a cost that comes along with that because uh we've only got two code enforcement officers now, three. So, you know, it's going to require more more people. I think having a a one system to enforce it with more people is going to make it more efficient than having a two-tier system. I I just I I don't I don't think that's going to be um I I just don't see that working very well. So, that's my answer.
Okay. So, do we need to look at making a policy change to making it more proactive? Going from reactive to proactive? You want that? Um you would certainly have to have an ordinance change. Um the proactive piece. No. No. Um the proactive piece comes from um we can self-report, the officers can self-report. The reason the proactivity um kind of was eliminated is because there, as Randy said, there was lots of complaints, but um the the co the state requires that there be a
reporting party. So that's why a lot of neighbors don't want to report because they don't want to be they don't want you know Harold to call me in because my dog's in the yard or whatever. I don't have a dog but um he you know they don't want to do that and neighbors don't want to report neighbors but they don't want to see the blight. So, um, we can do that, but we have, you know, we have a supervisor and three code enforcement officers when we have one, uh, administrative
assistant. The more proactive you become, the more complaints you're going to get, and you're going to need more personnel to do those complaints as well as to prepare the documentation for the special magistrate. So, you're going to need to process all of that. So, so what we're doing now isn't working. It It's not working. We're getting complaints constantly on code enforcement. I think that I Well, we have money in the budget to to look at that process. Yes, we do need to look at that. Absolutely need to look at that. We're getting complaints nightly up here. I'm getting
them by email. I send you guys emails when I get them. I forward them multiple times a week. I don't think I'm the only one who has said it up here tonight. We we we have an issue with the code enforcement. We've got to be more on top of this. We're Ormond Beach. Well, your budget does include additional funds to to begin that process. So, do we need to make a policy change or do we need to do anything at this moment other than you hear from us, we've got to fix this? Um, I think the next step is to have the workshop. So, we've been working, we've been in discussions with a consultant and we are not able to bring that agreement back to you all pending the budget,
right? We want to make sure that this is included in the budget. Once we do that, that consultant brings a wealth of information about what other communities are doing. This is not an uncommon problem, right? Like this is something all the communities are dealing with. They can give you some options, see what you all like, how you want to go about implementing this proactive approach. Um, and then that will be your direction. Okay. And we'll get the workshop going then please. And we can get that on the book. So we can get that as soon as that would be fabulous. Thank you. Okay.
Regarding the tentative mill increase, I would just like to reflect on the process it takes to get to the tentative mill. The budget process starts in March. Since it takes quite a while to complete, we attend multiple workshops where we all take feedback we receive from the residents and implement those into capital improvements to derive a strategic plan. The community expresses needs, wants, and desires through surveys and residential input. Public safety, trails, recreation, code enforcement, and parking are just a few of the needs expressed from the residents.
All five of us agree on the plans to be input into the budget and then the finance department and budget committee work diligently on the budget and a proposed millage. City staff submits their budget for all of the different departments. All five of us unanimously adopt the strategic plan that we use to derive the budget. As we are all aware, we are experiencing heightened inflation across the board, not just at the grocery store and gas pump. Vital needs for the city cost more than they did last year. For example, the cost of vehicles has increased, not to mention the
financial impacts of tariffs. A few months ago, I traded my car in due to an engine recall. I bought the exact same car I had, but 3 years newer. It was $14,000 higher in cost than 3 years ago for the same car with the same features. The cost of asphalt and concrete has increased. The cost of chemicals has increased. The higher cost also derives a cost of living increase for employees and first responders. The cost of items that we don't necessarily think about daily has increased since last year. I'd like to give you a breakdown of the budget increases. $1 million
for fiscal year 2024 police salary increases. The previous commission committed to this last year. They used reserves to cover it, but it is an ongoing expense. $1.8 million is proposed for collective bargaining agreements for police, fire, and general employees wages and pensions. This is necessary to attain and retain the high level professionals that Ormond Beach residents deserve and expect. $277,000 for general vehicle and equipment replacements. Our general employee and
parks and rec vehicles are kept on average 8 to 10 years. Dump trucks roughly 15 years. $155,000 for public safety vehicle and equipment replacement. Police cars have a goal of 7 years or 100,000 miles, but some of our squad cars are up to 11 years old. The commission previously committed to replacing nine squad vehicles. However, with the cost of vehicle increases, that commitment would have only given us seven squad vehicles. Law, order, and crime are a national concern right now. We deserve to have an ample staffed police department. The Ormond Beach Police Department is
historically understaffed. In 2022, just 3 years ago, the Ormond Beach Police Department's starting pay rate was seventh in the county. Now, we are the second highest. The safety of our city and its residents is of utmost importance. As you can see, the majority of the increase is for public safety. The truth is Ormond Beach is consistently the second lowest millage in the entire county while maintaining the highest assessed values on homes in the entire county. This is important and
makes us a desirable community to live in. The only reason Ormond Beach is technically the low not technically the lowest millage is because Debary has two large power plants that generate utility based tax revenue for them. I have studied this budget front and back for weeks now. If there is a way to cut the taxes without negatively impacting public safety, I'm happy to listen. It would take cutting $2.4 million from the budget to keep the same millage as last year. Where does
that come from? Public safety. If we implement the proposed millage rate, the average homesteaded household will see an increase of $106.50 a year. That is an $8.90 a month increase for your average homesteaded household. I did extensive research on the lease option for the city that was mentioned, speaking with multiple dealership owners, finance and insurance managers, the fleet manager for the city, and the city finance director. A vehicle lease is a cost-effected approach used
for shorter term vehicles. The city uses their vehicles anywhere on average from 7 to 11 years. With that math, it would cost more to lease vehicles for the city. Because we self-insure and we don't have traditional full coverage comp and collision, we would be limited on our leaseholder options. If the city can find a lease holder to hold a commercial lease for us, it would likely come at a higher interest rate, a higher cost due to our self-insured status. The city has looked into the lease option before. However, there was not a savings due to the length of time we
maintain vehicles combined with increased mileage and additional wear and tear on the city vehicles. To be fair, none of us want a tax hike. Anyone can say they're advocating for a lower tax rate, but unless you're bringing solid solutions to the table to actually lower the tax rate, you're just politicking. Some politicians want to campaign and say they don't they didn't vote to raise taxes. We get it. But for all of the first responders out there, please know I will not personally deny you a competitive wage and pension just so that I can say I didn't vote to raise your taxes. Thank you.
Thank you, Commissioner Deaton. I will uh close off with some things that um is the Cassen Park ribbon cutting was really nice. Um, you know, I really appreciate the, uh, builder coming out today and speaking on record and taking his time out of his, you know, uh, evening to come out and and talk about those things. Um, one of the things that did come up from, uh, resident emails, and I think some of the people in the commission here might have gotten those emails, um, was about the parking for non-trailer vehicles. And so I had a chance to talk to the city manager about it
and address those concerns about, you know, will we allow uh regular vehicles without the trailer attached to them to park in the park so they can enjoy the fishing pier and and maybe uh some other things on the amenities on the park. So I just wanted to kind of get a feel from the commission if you received those emails and and what your thoughts are about it. um if we wanted to allow that for certain types of the year um or off you know on peak off peak or evenings or whatever so that residents can also enjoy it you know besides the purpose of having a boat to uh launch and and
park their trailer. I personally have not received that but I think it makes perfect sense to look into. There are a lot of people that do use the pier and and all and I haven't really paid that much attention, but I think it's worth looking into. Okay. Thank you. Um I have not received any complaints about it, but I do know that we used to have blue signs up that said Friday, Saturday, and holidays boat trailer parkin only. Are those signs still up, Alex? Okay. So,
it's really otherwise they can park there Monday through Thursday without any issues. It's just the the weekends and holidays um that that are there. So, I'm okay with the way it is now. I haven't had any complaints regarding it. I would concur with that. I haven't had any complaints, but if the signage is there, then that's applicable. Okay. So the the question then is that there's signs already there and nobody will receive a a citation for parking there without the trailer as long as it's during the times that aren't listed. Yeah. What during the times that's that's listed?
Okay. Okay. Um as far as the fire department goes and the uh uh ceremony on this past Friday, it was really great. everyone in the commission had a chance to go. Um, in the past I was told that a lot of those ceremonies were done in the uh uh in the bays of one of the firehouses. Um, so to be inside uh the performing arts center that's been remodeled and the air conditioning and good sound system, comfortable seating uh was really a great event. Uh, we had a chance to celebrate uh some
retirements. Um, I think the three retirements combined was over a century of service which is like phenomenal. Oh, four, I'm sorry. Correct. Um, we had some new people come on and then we had some promotions. So, it was a great ceremony. Good job for everybody that was involved. Uh, Chief, you know, kudos to everybody that was involved in that. Um, I think I said yes to October 3rd, Commissioner Briley for that realty pros thing. I said yes today, right? October 3rd. Okay. Um, as far as the other comments that were made about the uh the Q&A in the Ormond observer,
you know, a lot in this position here, you know, people when they are curious and they want to know something, what's happening, any concerns, who do you look at? The mayor, right? The mayor. What is the mayor doing? And now, you know, a lot of people don't even understand our charter either. You know, we're we're part of a legislative body here. And the only difference here is that some are voted in their zones and on the at large. Um, and I do some ceremonial duties, but for the most part, people look at the mayor and say, you know, what's going on and what are you doing? And it's
a lot of weight on your shoulders to have. And so you know I did have an interview with the observer and it wasn't to discredit anyone here in the dais or discredit staff. It was just to be a little bit more open about what's going on. Maybe some of my thoughts and opinions on it. But you know it's a really difficult thing to talk about some of these things in the in the budget workshop. And we have about $160 million $161 million in our budget. And these things are kind of crammed together
a lot of times, you know, and we we talk about it throughout the process here, but they are, you know, put together and we're in the workshop and we can't nobody here in the commission can talk to each other outside of sitting here or any public noticed a publicly noticed meeting. So sometimes the only time we get together is to be sitting here and talking. That happened early in a workshop. you know, something was brought up and I said, "Yeah, you know, I did say something about how this is the only time we get to talk freely about whatever's on our minds." And the intent for what I said was just to talk about some of the things that is going on,
some of the things we're face facing. But I never criticized our first responders. I never said that we should cut back on anything they did. You know, I was a first responder when I was younger, in my teenage years. I decided to go a different direction. and I know what it's like to be in their shoes, too. Only thing I did was raise the concerns about some of the things that are going on in the budget. And those are and those are some of the bigger items that were brought to us by staff. Now, we had some other added expenditures that we talked about like the pro code enforcement and I never said that I was against pro code enforcement. I just said that, you know, the staff
is asking for $200,000 and what actionable things are we going to do from there to to, you know, implement these more pro approach. I mean, I lived in communities where we did have a pro approach and it required a lot of people, a lot of staff, a lot of court appearances. I even bought property that had violations on it and I was able to close on it property by getting the fees waved because the city was so happy to see that somebody else going to take over this property and clean it up
that they were willing to do that. I'm not saying it's going to happen here, but these are just this just, you know, you can understand the frustration that goes on with the the city when they when they were willing to do that to you. You know, just say, you know what, you're going to take the property and clean it up. Great. Um, but I never said though that I was against it. I just wanted to see more of an actionable plan about what we're going to do to make this program effective. Um, as far as the leasing the vehicles go, it was just something that came to mind. I mean, I came from the car business and the way leasing works is that you pay for the depreciation of the vehicle. So,
if it's a three-year lease, by time the three years is up, whatever the value of the car is, that's the balloon payment, right? Because that's when they when you initially lease the car, they figure out the lease company figures out what the value of the car will be in 3 years and that's your balloon payment. And then the vehicle goes off to auction and hopefully the vehicle will get back the value what they projected. And if the you went over your mileage or you had some other, you know, uh, you know, dents on the car and things like that, then that can really change the value of it. But that's just kind of how it works. And so the reason why I brought it up was
because of the fact that, you know, with public safety particularly, we need a reliable vehicle to get from point A to point B. So if we have a vehicle that's leased and it's 3 years old or 2 years old or one year old and we're rotating every 3 years, the reliability of that car getting there is probably pretty high because it's going to be a newer car, newer equipment, so on. But we're only paying depreciation. You know, when you hold on to a car for 10 years, 12 years, however long we hold on to cars here, the, you know, the uh uh requirements of maintenance starts getting higher,
you know, because it just, you know, that's what happens when a car vehicle gets older. We've all had older vehicles and we know what happens with older vehicles. And as far as the insurance goes, yes, we are self-insured, but I've heard the city manager say a few times in the last 6 months or so that we have vehicles that get in some kind of uh collisions and we have a total loss. Now, if we're self-insured, we have a total loss, that means that we're not going to get a replacement back on the cause of the value of the vehicle. So, if we have insurance
on it and we have a total loss, we'll at least be insured on the value of the vehicle to at least help cost in the replacement of it. As far as litigation goes, we're self-insured. Again, we've had the city attorney come to us and say, you know, we had some litigation for an accident or a rear end that happened with a employee or whatever and we settled out for this much money. We do that because we're self-insured and we have to litigate our own um you know, insurance claims that are against us for any kind of incidents. Now, if we have insurance on a vehicle, we're insured for any kind of incidents, not just collision, but you know,
um, you know, any kind of injuries that occurred. And that could also be factored into, you know, uh, eliminating some expenses that we have with the litigation that we might go through now with with accidents. I don't know how many accidents we have and those type of incidents, but, you know, I've seen at least one or two come through here in the last 6 months. So, in conclusion is that this was no way to um take away anything from what we're trying to do here as a group. It was just that, you know, when people in the community come to the mayor and they say, "What are you
doing? What's going on?" Just wanted to give them information about what's going on, what's happening, and that, you know, are we really separating the wants and the needs on our budget? And if we are and we have everything right, then we have everything right. But there's nothing wrong with just questioning it and asking it. And that's all I have tonight. Meeting adjourned.