##VIDEO ID:-TgsY80K-I8## uh we will still welcome you glad you are here  um I'm going to call the meeting to order it   is right at 7 p.m on September 18th 2024 this is  the second regular City commission meeting uh in   commission Chambers for the city of Orman Beach  for the month of September and curiously enough   because of the law we normally meet the first and  3D Tuesdays but because Valia County does their   budget hearings on the 1st and Tuesday this month  we're required to have our meeting on a different   day so Wednesday Wednesday it is but uh you all  found out about it and we're able to be here so   thank you and uh we'll get we'll get to it I want  to introduce the folks who are sitting up in front   of you this evening uh but first I hope you felt  welcomed when you came in our finance director   Kelly Maguire and our assistant Finance director  Chris B served as the greeters this evening   they are our multi-year award-winning finance  and budget team and we're proud to have them   under Joyce's uh Direction and Leadership if  you need a card to speak on any item uh see   Kelly she'll get you uh filled out or Chris and  get you in the queue to speak and uh we'll do   the introductions now to my right your left  are recording secretary Taylor Locker City   Clerks Susan daus our commissioner from Zone one  Lorie talland good evening everyone and welcome   commissioner from zone two Travis Sergeant good  evening and welcome to my left and your right   commissioner from zone three Susan persus good  evening ladies and gentlemen and welcome then we   have our Deputy Mayor and zone four commissioner  Harold bryley good evening everyone and welcome   city manager Joyce Shanahan assistant City  managers uh Shan Finley and Claire Whitley   somewhere I saw her um she's running an errand  okay and then City attorney Randy Hayes and then   way to my left and way to your right we have  the chiefs with us again tonight police chief   Jesse Godfrey and fire chief Howard Bailey  for those of you listening online I'm Mayor   Bill Partington at this time if you would please  silence your cell phones rise for the invocation   given tonight by father Roy Allison from St  James Episcopal Church followed by the Pledge of Allegiance let us pray almighty God and Heavenly  Father we thank you for this be beautiful city   of Orman Beach we pray for our Mayor Bill for  our City commissioners for Lori Travis Susan   and Harold we pray for our City Commissioner our  Deputy Mayor we pray for Joyce our city manager   and Brandy our City attorney we pray for their  commitment to serve the people and businesses   of this great community may the discussions and  decisions made here tonight provide for the needs   of our community and may they bring you honor and  Glory pour out your blessings of Peace protection   and provision for our First Responders our city  employees our Civic leaders and for all who live   and work in this great City help us to Break  Down The Walls of violence hatred and racis   ISM and fill our hearts with care compassion  and love for all people we thank you Lord God   for our many blessings that you provide us and  we ask that you would guide us this night and   always to direct us to use those blessings and  to be a blessing to others and we pray this and   I pray this in Jesus name amen amen pledge to  the flag of the United States of America and to   the Republic for which it stands one nation under  God indivisible with liberty and justice for all all right this is presentations and proclamations  it really is the best part of the meeting in a   community like Orman Beach an incredible City uh  with tremendous leadership from our staff and uh   policy direction from the city commission we  wouldn't be so wonderful if we didn't have   wonderful residents and then wonderful elected  officials above us that helped us accomplish the   goals that we want to accomplish so tonight  I get the opportunity to recognize uh our   Florida legislators these are individuals who  do incredible work uh it's extremely difficult   uh they're not paid very much honestly I think  it's $29,000 a year uh it upends their lives   and the fact that they're back and forth from  Tallahassee multiple times uh in a month and then   uh even though they're up there for two months  out of the year they come home to the district on   weekends and so they're dealing you know we think  we deal with a lot of issues commission and we do   uh but go to a legislative uh delegation  meeting someday they're usually uh held   anywhere from November to February sit there from  8:00 in the morning till 6:00 in the evening and   listen to the hundreds of people who come and  present different issue after different issue   and they're not easy issues they're complex issues  uh these folks deal with that on all of our behalf   and so we're grateful for that and we're going  to government uh doesn't always do the best job   of of stopping to thank and recognize the  people who are involved we're going to do   that tonight we're going to stop and recognize  uh some folks I'm going to call them up and   present them with a plaque first uh I think  it's safe to uh identify our representative   leak as the dean at this point of the Bia County  legislative delegation he's been here for eight years he made that commitment nine and a  half years ago and he kept it he's been   here for the full eight years and we're  hoping uh he's going to be continuing to   serve US Representative Lee come on up  he's also our hometown hero and it's an   honor to present you uh on behalf of  the city of Orman Beach its residents   and visit visitors uh it's with great honor  and appreciation that we recognize you for   your steadfast advocacy and support for our  beautiful city and Community thank you very much next up uh on behalf of Representative  Chase traymont who is in the district just   to the south of us but is part of our  Valia County legislative delegation   Chase my understanding is in Tallahassee he  got called back had to go uh last night but   on his behalf is his legislative Aid Duncan  Dem Marsh on behalf of Representative Chase traymont and then uh a little bit  to the west of us maybe Southwest   is representative Webster Barnaby and on his  behalf this evening we have Drake Wyman Drake and then uh Senator Wright who is uh  actually our Senator as well here in   Orman Beach he covers part of Orman Beach  uh and then primarily is to the south of   us we have Miss Charlene Gagner on  his behalf senior legislative age thank you all all right next uh is also  a very special presentation is   Evelyn robustini in the house there  she is Evelyn is our victim Advocate yes Evelyn is retiring oh and nobody uh  nobody asked my permission I'll tell you   that right not that you have to not that you  have to uh she has been an amazing Advocate   uh and such a hard worker in our Police  Department you see some of the folks who   are here lined up in the back of the room  tonight to honor her and recognize her um Evelyn you know some people retire and they  Wonder did I do enough was I was I there enough   did I make an impact you never have to wonder  that and I think that's fantastic you uh can   enjoy your retirement you can do whatever you want  to do you can still come back and volunteer with   us if you want just a suggestion but you don't  have to I mean you sleep well at night knowing   that you've given it your all and you've helped  hundreds thousand people which is which is just   incredible so I'm honored to present you with a  proclamation and I'm going to read it have you   hold it and then we're going to get you and your  family up for a picture with everybody whereas   Evelyn rustin's Journey began in Miami Beach  Florida before she made Flagler County her home   in 1991 she pursued her studies at Daytona State  College earning an associate of science degree in   paralal studies since 2004 Evelyn has dedicated  herself to advocating for victims and whereas   Evelyn's distinguished career as a victim Advocate  began with the state attorney's office where she   served for 12 years prior to joining the city of  Orman Beach in 2016 her exceptional work has been   recognized with multiple accolades including  victim advocate of the year and volunteer of   the Year her unwavering commitment to ensuring  victim's rights are upheld heard and treated with   respect has been significant in rebuilding trust  in the criminal justice and Social Service systems   and whereas Evelyn has actively contributed to  a variety of organizations including serving   as vice president of the victim Services  Coalition of the 7th judicial circuit and   participating on the board of Crim Stoppers  the domestic violence advisory committee the   human trafficking Force sexual assault Response  Team the community Christmas club and Bikers   Against Child Abuse through these roles she  has demonstrated a dedication to Justice and   positively impacted our community and whereas  today we celebrate Evelyn rustin's retirement   and express our deepest gratitude for her tireless  service to the Orman Beach Community we extend our   heartfelt congratulations and best wishes as she  embarks on this new chapter which promises more   cherished moments with her husband three children  eight grandchildren and three great grandchildren   Evelyn will also enjoy her passions for gardening  and crafting including creating beautiful for   special occasions now therefore based on  all of that I bill Partington along with   the entire Orman Beach City commission do hereby  Proclaim today September 18th 2024 as a day to   honor and recognize Evelyn in the city of Orman  Beach and encourage All City staff and residents   to join me in Wishing Evelyn the very best in  her well-deserved retirement congratulations W you were entitled to and Evelyn  there's a little bit more we always   say but wait there's more uh because of your  absolute kindness your compassion to others   uh the way your caring show it's my honor to  present you with a key to the city of Orman Beach I'll let you hold that she's running out  of hands and we're going to get a picture watch a big great if we can to have the officers all the officers that's awesome squish thank you I wrote some excuse me for being emotional first I want to express my heartfelt  gratitude to Mayor Partington and the City of   Orman Beach all the Commissioners my chief  for the wonderful Proclamation truly means   a lot to me as I stand here tonight I reflect on  nearly nine incredible years as a victim advate   with Orman Beach Police Department it's been  a journey filled with challenges growth and   Unforgettable moments I had the privilege of  working alongside some of the most dedicated   individuals who share a commitment to making  our community a safer place and they're all   here tonight I want to extend a special thank you  to my colleagues your support has made my work not   only meaningful but also a joy every day together  we've made a difference in countless lives I hope   the impact of our efforts continues to resonate  in the city of Orman Beach this role has taught me   invaluable lessons about compassion resiliency and  importance of advocacy I've grown both personally   and professionally and I will carry these  lessons with me into the new chapter of my life   looking ahead I'm excited about retirement What  retirement holds whether spending more time with   family pursuing new hobbies or simply enjoying  life at a slower Pace I will always cherish the   memories and friendships I have made with all  of you thank you once again for your support   and encouragement I wish the department and this  wonderful Community all the best in the future going to do one more picture all right and I'd be remiss if I didn't call  Representative Le back up uh we have a key to   the city for you representative uh like I  said Tom is ours we consider him ours he's   Orman Beach born and bred and he did has  done so much for us in the last 8 years I   can't begin to uh start rattling rattling things  off whether it was the US1 and 95 interchange uh   things that make a direct impact and will make a  direct impact on our daily lives whether it was   the special event zones during uh special events  on the beach side keep us all safe and help our   officers with enforcement um I could go on and  on we could be here all night but I wanted to   specifically present that to you thank you and  uh we look forward to continued success for you when people talk will you remind to  speak into the mic we couldn't hear last time aright we are now on uh item five the  adoption of the fiscal year 24-25 millage rates   and budget uh I'll ask for your forgiveness in  advance I have a lot of stuff that I need to need   to read here but uh first I'm going to open the  public hearings and ask the clerk to read 5A by   title only resolution number 2024-146 a resolution  adopting final millage rates to be levied for fiscal   year 2024-2025 directing certification expressing  legislative intent and setting forth an effective   date this is resolution number 2024-146 read by  title only thank you Susan per Florida Statute   I'm required to state that the final millage rate  for the city of Ormond Beach necessary to fund the   fiscal year 2024-2025 budget is 4.0960 mills this  rate is 12.82% above the roll back rate of 3.6305 mills  the final debt service millage is 0.065 for  the 2010 General Obligation Bond Syncing Fund this   is a public hearing are there any members of the  public who wish to speak or ask questions prior to   adoption of the final millage rate and Madam Clerk  I do have one card I believe yes it's Sean Daly good evening ladies and gentlemen um my name is  Sean Daly I live in the North Brook subdivision   I to am Ormond born and bred have been here my  entire life um served a number of years with Mr.   Briley on various boards in the city development  review uh environmental board planning board um   I'm here tonight and I haven't been here in  years and I can't say I've missed it but uh   um and I can't say most of you miss me either so  but the bottom line is I'm here because for the   second year in a row there's been a tax increase  and you know in Ormond we're not used to that um   especially if you remember Nick Fortunato we were  never used to that we never went above roll back   with Nick Fortunato now I'm sure what you all are doing  is because there's a lot of things that need to   be paid for and that's not what I'm here to talk  about what I'm here to talk about is the fact that   that I'm you'll also know 10A I'm here to talk  on which is the airport fund years ago there was   a big brewhaha in this city about noise abatement  in the airport and one of the things that came up   then was the fact that even then that's more than  10 years ago there was a huge amount owed by the   airport to the general fund huge amount was like  a half million dollars then I don't know what it is now   for which the city has not received a penny in  interest has never been paid back now I'm finally   at at that point in time at one of the various  meetings that we went to my suggestion was that   we have landing fees for people who utilize the  airport so that we could pay back that money to   the general fund and if we had done that maybe at  least one of these tax increases could have been   avoided I'm certain if we had just charged a few  percent interest a lot of money could be generated now   I know that it's coming up again on 10A and I'm  going to be up again to talk about it then but   I'm very verbose and we only get three minutes so  I thought I'd since it come up I it going to come   up twice um but recognize I have nothing against  the airport I will point out I've been here long   enough to remember when there was a survey done by  the City of Ormond Beach about the various services   that the city provided and having the citizens  rank those services the airport came in dead last   and there's a reason it doesn't serve a great  percentage of citizens here does it provide a   valid function yes do I have a problem with the  airport itself no but I have a problem with the   way the airport has become and I certainly have  a problem with general revenue funds subsidizing  it when there is a perfectly viable Revenue  source and see I told you I'd use it by 3 minutes   alright we'll see you in a little bit thank you  Sean um any other cards Susan no thank you I just   need a motion in a second to adop the final  millage rates thank you uh I heard the motion   from Deputy Mayor Briley second from Commissioner  Tolland the final operating millage of 4.0960 mills is 12.82% above the rolled back millage rate of  3.6305 mills the resolution also includes adoption   of the final debt service millage rate of 0.065  for the 2010 General Obligation Bond Sinking Fund   please call the vote Commissioner Tolland yes  Commissioner Sargent yes Commissioner Persis yes Commissioner Briley yes Mayor Partington yes  the final operating millage rate is set at 4.0960 mills which is 12.82% above the rolled back  millage rate of 3.6305 mills 5B Ordinance number   2024-25 an ordinance adopting the annual budget  for the 2024-2025 fiscal year beginning October   1, 2024 and ending September 30, 2025 repealing  all inconsistent ordinances or parts thereof and   setting forth an effective date this is the second  reading of ordinance number 2024-25 read by title   only thank you I just need a motion and a second  I move approval of Ordinance number 2024-25 second   moved and seconded any discussion commission  please call the vote to adopt the budget of $131,976,868 Commissioner Sargent yes Commissioner  Persis yes Commissioner Briley yes Commissioner   Tolland yes Mayor Partington yes and uh do I  hear any objection to closing the public   hearing hearing none the public hearing is  closed and we will go to audience remarks   and tonight we start with Cindy Costa  when you make your audience remarks if   you'll direct your comments to me come  on up and uh you'll have three minutes   and if you would please speak uh uh  directly into the microphone thank you hi everybody I'm concerned about North Beach  Street between Overbrook and Heather we have a   very large tree growing close to the road and the  roots have lifted the road so when you're driving   and you go over it kind of it tilts you into the  oncoming traffic and this is going north if that   doesn't get resolved there's no markings to even  warn anybody that there's that's coming up so I   would like to have somebody look into it thank you  yep we'll make sure and I'll have uh one of our   staff give you a card just so you can follow up  okay as well y thank you thank you Alicia Simmons good evening good evening hi Mayor Commissioners  thank you for this opportunity to talk to you   tonight my name is Alicia Simmons and I am  wearing three hats I'm a long timer commercial   real estate broker for over 35 years here in  the State of Florida and I'm a business and   Management Consultant and I'm a tennis player  and I'm here to request a $300,000 grant from   your Daytona Beach Racing and Rec Center um fund  for the um OBTC Ormond Beach Tennis Center which   is one of the gems in your community I'm on I'm  here on behalf of Trista she's your um Tennis   Director and also inducted into the Hall of Fame  of Tennis at Brown University the reason this is   so important is this location is such a historic  hall landmark for y'all it's part of the casements   and half a mile and a half to the beach and what  we're wanting to do with the funds is to upgrade   the tennis courts the clay it it's requiring  40 tons of clay um laser resurfacing to make it   really state-of-the-art and lights transitioning  the lights to LED and desperately needed showers   and so after matches the players can refresh  themselves and then go out to the area which is   full of um restaurants shops and really boosting  your economy and so I'm here again um to ask all   of you to just look at this as not as investment  into the facility but as an investment to your   community because it'll attract more tourism and  visitors who can explore on foot this surrounding   area and so thank you again and I hope you take  this request um favorably and I urge all of you   to come out to see what Trista has done because  in just six months since she's been awarded the   contract she has been spent $37,000 of her own  money attracted and served 5,100 tennis players   and has two teams in GBTL and we're going to start  another team for the USTA in January and so she has   done a dynamic job with the Junior Academy and  she's got she's re recreated the uh Pro Shop into   a learning facility to teach strategy and and  tennis tactics to the kids and so it's just a   great vibe so I urge all of you to to come out and  continue to build on what she's already done with   this grant thank you thank you and last uh for  audience comments but not least is Connie Colby good evening Connie Colby 108 Robo Lane Ormond Beach um tonight I like to um talk about Central   Park especially in um Hammock Lane area um while  the parks were developed a while ago there were   different expectations as to how they were going  to be used mostly it's like walking tennis um   picnicking fishing those kind of activities  since then kids have learned to use different   kind of things like motorized vehicles um some  of them are like motor bicycles more bigger than   bicycles smaller than a real motorcycle and um  in our area especially we have a couple of big   fields one of the fields is currently being used  as a motocross facility where especially one kid   he rides around every every evening about 5:30  6 o'clock and that property's gotten pretty wet   last time I think we just approved some money  for park um service for keeping the property   looking nice too um I don't think that's one  of the reasons that the park is supposed to   be used for um but I couldn't find anything  online as to exactly what it's supposed to   be used for um so I would like to think that  something like that might be looked at also   especially around holiday times a lot of the  kids get drone airplanes or what are those   things are flying all around and there's little  kids around that they don't really know how to use   them properly so people can get hurt with those  as well um as far as the um motorcycle things   maybe they could do something like that up by the  airport there's more land up there it wouldn't   bother probably as many people not that it's it's  not really noise- wise bothering anybody but it's   still destroying the property the other thing  is the code violations um where you can't report   anything anonymously anymore it's deteriorating  our neighborhoods and I don't know what the answer   is to that but we have things going on now like  people parking their campers in their yards boats   um one neighbor has five three adult children  living home they have five vehicles and they've   got they're parking all over their yards and I'm  thinking of the new places that want to put little   stub driveways in there that are going to have  three three bedrooms and grown kids they're going   to have not enough driveways to put their cars in  to start with so they'll be all over the streets um that pro that problem is the state  problem I don't know how they're going   to resolve that Mr. Leek still here maybe he can  do something about that thank you thank you   Connie alright we uh Commission will now  go to approval of the minutes these are   from September 4th 2024 they've been sent to the  Commission for review also posted to the city's   website any additions deletions or corrections  move approval second second moved and seconded   all those in favor say I I I oppose like sign  and we'll show that passing unanimously we're   now on the consent agenda the action proposed  is stated for each item on the consent agenda   and unless a commissioner removes an item  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   agenda items Deputy Mayor Briley Mr. Mayor I'd like to  pull item 8H please 8H anyone else I move approval   of the consent agenda minus 8H second please  call a vote Commissioner Persis yes Commissioner   Briley yes Commissioner Tolland yes Commissioner  Sargent yes Mayor Partington yes 8H resolution number 2024-157 a resolution authorizing the execution  of an agreement for services between the city   and Halifax Humane Society Inc and setting  forth an effective date this is resolution   number 2024-157 read by title only thank you I  have one card for 8H um and that's Connie Colby sorry um Connie Colby 108 Robo Lane um  in our neighborhood we have been overrun   with feral cats they are all over um when  I'm reading the contract that you have it   does not provide for anything other than  um returning the cat picking the cats up   having them neutered and returning them to the  place where they were brought back so these cats   are being brought back to our neighborhood um  they're cute little kittens but they grow up   to be cats and we have a lot of problem with oh the cat urine um these cats are going to live probably for   18 years and when they're brought back we're  going to have all of these cats all over our   neighborhood for 18 years doing what they do um  I am don't know if there's any other way you can   handle that particular part of your contract  as far as returning them to the neighborhood   they're they're not pets to anybody some of  them are sitting on people's car tops some of   them are under sheds and they're just roaming  all over the place um and they just keep being   more prolific so if you can think of anything else  we would really appreciate it thank you thank you Connie and Mr. Mayor that's why I pulled that  out Ms. Colby had asked if we could have that pulled  and I guess um I guess I would refer to  our City Manager I don't know if there's   anything we can do I mean I know the Humane  Society has a TNL or trap and release TNR   a uh trap and release and generally they are  released back to the neighborhood that they   came from um I can ask Captain Roos to come  forward and and speak about that but um they   are neutered when they um are trapped so  they won't be procreating in that instance so fortunately or unfortunately the Humane Society  does not like to euthanize animals so they   came up with the trap neuter release of the  TNR program probably about a decade ago um a   domestic cat will live to be 18 or 20 years old  wild cats don't live nearly that long their life   spans way less than that um and they decided  that at some point in time the best thing was   to bring the cats back to where they came from  something that's reasonably for them you know   to to live out their life but um this is what  we've been doing for about a decade at least   and uh there's a better plan we'd more happy  to look at it do you think I don't know Ms. Colby's relation to to uh her geographic location  to Central Park and I'm thinking this may   be where a lot of those cats are coming from we  don't actually have a cat colony in that area so   I don't know that um you know there could be  you know stray cats in that area but as far   as a cat colony there's not one there thank you  sir thank you see I think it makes sense that we   take a look at the contract and see if there's  something else we can do I'd be willing to do   that I think going forward there's nothing wrong  with that Joyce staff can do that at any time right renegotiate next year it was just  you know this is just the beginning of   the contract but we can start discussions  with them to look at that issue I don't know   I don't know that we have to wait a whole year I  mean if they uh you know if you work something out   in three months and you want to bring it back to  the Commission you can certainly do that yep I have   no idea what the answer would be right off the  bat but um certainly verifying what the situation   is I think would be critical to start and uh  going going from there it's no I just wanted   to say I know the Humane Society is you know  willing to come take a look and check it out   they um are you know they want to take care  of animals as much as possible so I think that   might be one of the first things is have them  go take a look some information for you thank   you and one more one more comment you know  maybe it can be data driven as well we can   find out how many actual cats we are talking  about you know if and that may merit whether   we need to make any changes or not that sounds  good all right Commission that is the consent   agenda we're going to move to public hearings but  before before I do do any Commissioners wish to   comment on any of the consent we vote on oh did we  not vote I'm sorry I'll move approval of 8H thank   you second moved and seconded please call the  vote on 8h Commissioner Briley yes Commissioner   Tolland yes Commissioner Sargent yes Commissioner  Persis yes Mayor Partington yes and Commissioner   Sargent for comments thank you Mr. Mayor I'd like  to just comment on um I consent item I um Officer   Bakaysa who's one of our officers who passed in  line of duty um this is the final um step in   that to provide his family relief with the uh  closing of the workers comp uh claim so just   like to thank staff and everyone for everything  that's uh we've been able to get done through the   pension and through closing out his claim so  and thank you to his family great anyone else   Commission I just wanted to talk about 8C for  a second which uh you know Representative Leek   was here earlier um it's the water reclamation  facility ultraviolet disinfection conversion   project uh and that was a few million dollars  which we participate in but we didn't have to   carry the full weight of that uh bill because  of the fact that we had Representatives who   were willing to work with us and that's good for  our residents it's good for the environment and uh   kind of puts us at the forefront using technology  that really is uh cutting edge and so I'm excited   about that and that's just that's just  one example also on 8D uh multi-million dollar   drainage improvements coming for Fleming Avenue  our residents uh have had concerns Deputy Mayor   Briley you know that's your zone um and this is  just you know after the downpour that we had this   evening getting here it seems like we're having  these downpours more frequently and uh being able   to handle those better uh it's a few million  dollars but uh when this is all put together with   the final drainage project that's going to run  a line underground from Central Park all the way   to the Halifax River and allow us to pump down  both sides of Central Park much quicker than we   have the capability to now the goal is to prevent  uh flooding in the future and so this goes a long   way towards towards making sure that happens all  right uh public hearings agenda item 9 we are   now going to open the public hearings and I'd  ask the clerk to read 9A ordinance number 2024-26 an ordinance amending chapter 2 district and general regulations article 4 conditional and special exception regulations section 2-57 criteria for review of specific conditional and special exception subsection 37 houses of worship of the City of Ormond Beach Land Development Code by amending the  conditions for houses of worship repealing   all inconsistent ordinances or parts thereof providing for severability and setting   forth an effective date this is the first  reading of ordinance number 2024-26 read by   title only thank you uh I have a note to ask the Planning Director to speak on the item but it is   fairly straightforward Steven unless there's  something that you have to put on the record Steven Spraker Planning Director I don't really  have anything additional uh it is a request to   allow through a special exception process the  ability to reduce the setbacks planning board   did recommend approval uh the applicant is here  to address the Commission if there are any questions   thank you appreciate that and I note it was a  unanimous uh recommendation we're not really   voting on anything in particular tonight as far as  a project goes it just gives them the opportunity   to bring something back through the process  absolutely correct so they don't have the ability   to go through a variance or a plan development so  this is their only mechanism it would need to go   through site plan review committee a neighborhood  meeting planning board and back to this Commission   for each um special exception that would be  applied for thank you uh Commission any questions   move approval second we' been seconded I will ask  uh Jessica is there anything you want to put on   the record she's okay uh any discussion please  call the vote Commissioner Tolland yes Commissioner   Sargent yes Commissioner Persis yes Commissioner  Briley yes Mayor Partington yes 9B ordinance   number 2024-27 an ordinance approving the final  plat for the Bradford Lakes Subdivision shown   within phase 4 of the Plantation Oaks planned  residential development establishing conditions   and expiration date of approval and setting forth  an effective date this is the first reading of   ordinance number 2024-27 read by title only thank  you Susan I'll ask uh Planning Director Steven   Spraker to speak briefly on this one good evening  Steven Spraker Planning Director this is a request   for a final plat it is part of the Plantation  Oaks uh plan residential development the overall   Plantation Oaks development their subdivision  density is 1.71 units per acre this individual   phase is 80 Lots on on 53 acres this is the overall  subdivision it's located right here in the corner   they will build Pennsylvania in order to gain  access a preliminary plat was approved in 2023   this is the last last step which will allow  them to subdivide the land the planning board   did recommend approval of the application with  a 6 to 0 vote and the applicant is here if there are   any questions thank you Steven and this is a  ministerial duty correct correct any questions   Commission second moved and seconded please call  the vote Commissioner Sargent yes Commissioner   Persis yes Commissioner Briley yes Commissioner  Tolland yes Mayor Partington yes 9C ordinance number 2024-28 an ordinance approving the final plat for the Bradfork Park subdivision establishing conditions and expiration date of approval and setting forth an effective date this is the first reading of ordinance number 2024-28 read by title only thank you I don't have any cards any questions Commission so move second move  been seconded any other discussion please call the vote Commissioner Persis yes  Commissioner Briley yes Commissioner Tolland yes Commissioner Sargent yes Mayor  Partington yes 9D ordinance number 2024-29 an ordinance changing the name of Halifax Street to Cliffhaven Court and Matanzas Street to Ridgehaven Avenue said streets being located in the Ridgehaven Subdivision area repealing all inconsistent ordinances or parts thereof providing for transmittal and recording in the public records of Volusia County and setting   forth an effective date this is the first  reading of ordinance number 2024-29 read by   title only thank you Susan uh I don't have any  cards on 9D move approval second movement seconded   any discussion or questions please call the  vote Commissioner Briley yes Commissioner   Tolland yes Commissioner Sargent yes Commissioner  Persis yes Mayor Partington yes 9E resolution number 2024-133 a resolution authorizing the execution and issuance of a development order for a special exception to allow outdoor activity to include the permanent outdoor storage display and sales of merchandise at the Lowes Home Improvement store located at 1340 West Granada Boulevard establishing conditions and expiration date of approval and setting forth an effective date this is resolution number 2024-133 read by title only thank you Susan and uh we'll ask our Planning Director Steven Spraker to just brief us on this one again Steven Spraker Planning Director so this is a special exception the property is at 1340 West Granada Boulevard this would be Granada at the top of the screen and there is a large uh conservation e easement behind the property the outdoor activity is at the front of the store and to the side of the store in 2012 there was a special exception that allowed the outdoor display of goods and materials along the frontage of the store um recently in this year there was violations found by the special magistrate the special exception before you   tonight um is to cure the special magistrate issue and to bring the site in compliance on   August 20th there was a special exception that was presented to the planning to the City Commission   planning board did recommend approval of the special  exception the August proposal had the outdoor   uh goods and services in front of the store and  then to the side they were using it for mulch and   outdoor storage with a gate um located in front  of that there was concern expressed at the City   Commission and the applicant went back heard the  concerns of the Commission and brought forward a   new proposal so this would be the front of the  store located um kind of in the center of the   screen they still maintain the outdoor um goods  and services along the frontage that they've had   since 2012 and they've tightened up the outdoor  storage of where the parking area is and they've   placed um two 10 foot um extensions of their garden  center in essence to frame the outdoor storage   and then they would have the ability to go around  either for private vehicles or for emergency um   services to access the rear of the property the  staff report um provided what the applicant had   done in terms of changing the site plan um in the  front of it they have again put 10 foot um gates to   match the garden center they're also placing  landscaping in front there are four uh parking   spaces that are proposed that would be used if  you were uh quickly going into the outdoor area   if you're picking up a bag or two a mulch you  could park here get it and then go again you   still have the ability to go to the back and then  this side is also screened this is the landscape   update that they've done um they've also working  with our landscape architect to refresh the front   buffer along Granada to replace some of that  landscape material and then this is the style   of the fence that would go around the proposed  outdoor storage the applicant is here um to   address the Commission again the planning board  recommended approval with the conditions that   are in your staff report and in the resolution  thank you Steven any questions for Steven not for   Steven okay Mr. Posey is here on behalf of the  applicant we'll recognize Joey Posey from Storch Law good evening Joey Posey 420 South Nova I  pretty much Steven summed it up I think the   things that we're really happy with is actually  the site's function is a lot better than it   currently is because it forces all those folks  that want to do the big uh pickups and deliveries   they got to go the back can't see them uh the  other thing I think that's nice here is that   you really have a nice landscaping as you come  into the site which isn't currently there even   if we sat with the existing conditions it wouldn't  be there um so it's just a better function of the   property and you know we do really appreciate  and we're trying to make this work to we we   recognize the concerns and you know at least Lowes is trying to be responsive to hearing what the   Commission has to say and especially that visual  buffer that is uh you know in front of the store   there because that's important so we understand  that so if there's anything I can do that uh to   address it at this point uh you know I think we  ended up in a better place but um I'm happy and   I'm here to listen and answer any questions thank  you and Commissioner Tolland for Attorney Posey so   I just want to say thank you we we did um Mr. Posey  and I did have a nice conversation regarding the   proposed plan so thank you for reaching out um  I do appreciate you um looking at refreshing the   landscaping that's definitely imperative um what  my question and we I thought about this after our   conversation is the p is there any concern with  pedestrian safety behind the gate when you have   cars coming through picking up and and is there  going to be a mix of pedestrian cars that we need   to be concerned about so I don't imagine so but I  would probably defer to our site engineer on that   question but I I and I'm sorry I didn't think  about it when we were having our conversation ex excuse me I've lost my voice this afternoon uh  Roger Stigola 265 North Avenue um really the only   pedestrian activity will be those four parking  spaces they would go through so they won't be   walking through the whole thing going through  perfect that was that was my only concern thank   you appreciate it Commissioner Persis no I just  wanted to say um I spoke with Attorney Posey as   well and thank you for reaching out to me as well and  I just want to thank you for listening to us and   and making these changes I think they're great  so thank you very much Commissioner Sargent I   echo that and I I I know that it came up before  that there's a lot of managers that get changed   in out there and that sometimes that's a problem  the loss of communication if hopefully there can   be a memo or a memorandum in the their office  that when someone new comes in that we don't   put sheds out front near Granada and where where  we've echoed the same concerns because that's the   line of communication is important and I think  you're getting a much better response from the   regional folks that say that we got to make sure  that there's some institutional knowledge that   stays with us when these issues come up thank you  than um I I appreciate what you've done with the   sheds and and the mulch and everything I still  have issues with the grills the lawnmowers and   the plants um if you can get those behind the gate  that'd be great as well because I got a phone call   today about how unsightly the just the whole the  whole row along the front of the store was now I   didn't see it I just got a phone call on it but  I still think you know I'd like to see the the   grills and at least the lawnmowers back behind  the gate maybe some plants out front in front of   the garden center but I think you know um I just  you know when we passed this in 2012 I was on the   planning board and um you know I thought it was  okay then but then I started seeing violations   and it just continued so if you could get you know  get some of that clutter out from in front of the   store and put it behind the fence I'd be happy and  and it's appreciated Commissioner I I understand   where you're coming from and and this is a  delicate balancing act that I think I'm trying   to do here because you know from Lowes perspective  this is this is their business and this is   something that I think is receptive to folks that  come and go you know obviously there's maybe some   disagreements from you know what may be unsightly  or what may be their you know nature of how they   advertise um in in those kind of uh aspects of  it but you know I I think the things that we've   done really well here are something that you know  Lowe's as much as it was a difficult conversation   to have with them was something we could get them  to and I'm hardpressed to say that I can get them   to commit to something that goes against really  what the the nature of how they do business and   especially since you know they' they've come  to the table they said we've we've done the   wrong we've made it wrong this time around and we  want to make it right so well I think was really   simple I mean when you have marked boxes where  stuff is supposed to be and it's not inside the   box you know understood they're going outside the  lines so if they could do something with the the   grills and the the lawnmowers that'd be great I  appreciate it and again we're we're happy to keep   the dialogue going and make sure we can address it  to the best of our ability because the the goal is   to they want to be good good residents too along  with everybody else great Commissioner Sargent um   thank you Mr. Mayor I hear what Deputy Mayor Briley is saying but every Lowe's I've ever been to every   Home Depot I've ever been to has grills lawn mow  I mean it's part of their marketing strategy um I   understand that you want to declutter it but this  is the way they operate business they that's how   they sell their items so I have a hard time with  government coming in to tell them you can't have   your product out there to sell your product when  that's how their stores are nationwide whether you   go to a Home Depot Lowe's whatever it is so um I'm  I'm okay with it Mr. Mayor and I appreciate the um   everything that they've done to and I appreciate  that comment but that was a special exception you   were granted because the city doesn't allow that  practice we don't allow that practice and that   was a special exception granted to Lowe's and you were  given areas where it could be done and it started   off fine but then it kind of got out of control  and Commissioner I I I understand where you're   coming from so I again I'm happy to pass along  those comments because these folks want to do it   the right way it's just you know those incremental  steps and trying to balance this you know I've got   you know that's that's the tight rope I'm walking  but I do I understand where you're coming from   perfect and Joey we've got your number now  I didn't get yeah your cell number I didn't   get to call you back today I apologize but  uh we'll we'll get there and I appreciate   your willingness to continue the conversation  so thank you all right I have a question just   for Commissioner Briley so if everything was  contained within the squares you would be okay   if it were contained in the squares okay  but I just don't you don't believe I don't   have a lot of faith so just as a reminder  we have done special exceptions for other   businesses to show their products outside  their doors in even smaller ones so you know I think if they complied I wouldn't have  a problem with it at all I do think it is a   marketing strategy and I'm probably one of the  biggest suckers when I walk into low and grab   a plant on the way on the way in so you know  it works so maybe if we can just work with   compliance that we be better that would be good  all right any other questions I do need a motion   move approval second movement seconded any other  discussion please call the vote Commissioner Tolland   yes Commissioner Sargent yes Commissioner Persis yes Commissioner Briley I'll be an apprehensive   of yes Mayor Partington yes and we will close  the public hearings move to 10A resolution number 2024-154 a resolution establishing fu fuel  flowage fees landing fees and aircraft   tiedown fees at the Ormond Beach Municipal  Airport and setting forth an effective date   this is resolution number 2024-154  read by title only thank you Susan I   have 18 cards on this one but we're going to  start with our economic development director   uh Brian Rademacher and then possibly have  Steve Lichliter the airport manager as well thank you Mayor Mayor City Commission the  item before you today is uh two items one is to   establish landing fees at the airport and the  second is to accept a proposal uh to ad to have   Vector um be the uh company that handles the  landing fees as you know the uh Ormond airport   currently has a loan to the general fund of  $999,000 $852.20 for the local match that has   been provided to the airport which it has used  uh for its required airport Improvement projects   which are used to keep the airport open as part of  the national airspace system the airport currently   does not generate enough revenue uh to uh through  its existing tenants to uh be self- sustaining   following the direction of the Commission and its  effort to reduce our debt and to make the airport   more self-sustaining the airport is proposing  this landing fee it has been calculated upon   the revenue needed by the airport to uh maintain  its estimated local cost share for planned and future   Capital Improvement projects at the airport  based on the the way that the landing fee   is written uh aircraft based at the airport are  exempt from paying landing fees they are exempt   because they pay they they pay a share of airport  expenses through hanger rents property taxes Etc   non-exempt itinerant aircraft will be required to  pay the landing fees implementation in this form   spreads the cost of operating and maintaining  the airport to all users not just those those   that are based at our airport again landing fees  will be used to cover the local share of airport   Capital Improvement projects and to repay monies  borrowed by the city's uh from the airport by the   city's general fund which has been the primary way  in which we've done airport projects with regards   to the second item just to get that out there the  vector airport system service is in use at over 76   airports nationwide uh the proposed contract was  reviewed in accordance with our city procurement   process it was advertised uh by the city on  August 20 for 15 days we did not receive any   responses to the advertisement from other vendors  and again the landing fee revenue will be used to   cover our share of state and federal grants  for Capital Improvement projects as we try to   maintain this airport for the users of it Steven  Lichliter Airport Manager and I are available for   questions that you may have thank you Brian and uh  Commission I suggest we get through the uh cards   and then if we have questions we can move forward  from there uh folks who are interested in speaking   we've got four seats up front here I'd like to  call four at a time and then uh have you be ready   on deck so the first four will be Douglas Shin  Daryl Hickman Terrence Perkins and Patrick Murphy and we'll start with Douglas Shin my name is  Douglas Shin uh I'm not a resident presently   of Ormond Beach I grew up in Ormond I do own a  hangar hanger 88 out at Ormond and the points   I would like to make on this are unintended  consequences I as I understand your fdot and   your FAA grants are somewhat determined and  awarded by the number of operations at the   airport um this landing fee will decrease those  number of operations no ifs ands or buts um you   know how was people wonder how copper wire was  was formed there was two pennies or two pilots   fighting for a penny um but the tower operations  costs are already funded 100% by the faa again if   the operation numbers decrease then the city is  going to be on the hook for a good bit of those   costs so as the number of pilots are dissuaded  from coming to Ormond Beach then the operations   will drop and then it may end up actually costing  the city money instead of making the city money   and I haven't heard anybody discuss anything  about what vectors uh estimates of the decrease   in traffic are going to be due to to these landing  fees so um I've talked to a number of pilots from   other areas who use Ormond airport and they  use it to come and visit businesses not at   the airport but in Ormond so again this decrease  will dissuade business instead of increasing   business um so with that being said um I think  it's a mistake to try and impose landing fees um   there are too many questions at  this point unanswered and I think   there's better ways to increase the  revenue at the airport thank you Daryl Hickman Dayrl Hickman 323 Riviera Lane I live in Ormond Beach my wife owns a hanger at the airport and I   run a business out of there um if you would take  a few minut minutes to look on social media and   look at the various pilot forums around the  state there is a call for a boycott of any   airport that imp imposes these fees that will  directly affect my business uh I receive more   than 95% of my clients from outside of this area  outside of the state and outside of this country   they come to Ormond Beach they eat in Ormond Beach they stay in Ormond Beach their family   stay here they rent hotel rooms and they  patronize our restaurants they will not   come if you do this not because it will affect me  directly because I am apparently exempt from this   policy but just for the purposes of solidarity  across this country with pilots I do find it   quite interesting that somehow we've determined  that a $3 per thousand pound fee is what will pay back   the $999,000 loan that you approved for the  airport over these grants that's interesting   to me because it somehow mimics the other five  airports that are cohorts in the same process   how all of them have the same debt load and the  same $3 fee and the same amount of traffic to   pay it off and there's nothing said that when that  fee is paid off that these these landing fees will   stop so is this a perpetual revenue source for  the city I don't know if that's the case or not   but there's a lot of unanswered questions here  and the big question for me is why why did you   agree to this debt and now all of a sudden you  found a way to pay it back when we already pay   fees and as Mr. Shin said you are going to reduce  the traffic at this airport thank you thank you Patrick Murphy yes okay Patrick Murphy I'm a  resident of Miami City but a vice president at   Sunrise Aviation which is the FBO and flight  school out at the airport um as been mentioned   we realize that we are exempt from this and I  would tell that my position is kind of neutral   because I understand the city's need to  make money um and to pay back uh that   debt but also I also understand the fact that  uh flying flight training flying your own   personal aircraft is already expensive for us  I think the only effect is really since we are   the fueler at the airport this may discourage  people to come in and buy fuel um but I think   that's really the only negative thing but I did  want to come in and say that thank you thank you Terence Perkins good evening I'm Terence  Perkins uh 108 Heritage Circle so I've been   a tenant out at the uh airport since 1987 so I  fly my airplane I'm looking forward to flying   it some more all that I would ask is there are  issues with regard to at what level does the   city become responsible for the control tower out  there and there is a level I remember we talked   about that years ago and so if you're looking at  that and you're considering all of that I I really   don't have an objection but the airport is safer  today than it was when I started flying because   of what you did by getting us a control tower and  I would hate to see the financial obligation that   is currently funded on a federal level revert  to the city when the number of airplanes which   is what it's based on um decreases so as long  as you're looking at all of those pieces and   considering all of those pieces um then I just  want to maintain the control tower thank you thank you let's see I've got uh Richard aisher aisher  Wood Gordon ARB arbman Samantha Boyer and Tony   arus arnus forgive me on the names once we're  done from everybody we can go for okay I think   it's good just we get all questions Richard  yes Sir Richard Isherwood I live at the 1531   Poplar Drive uh I have an aircraft at the uh  the hanger and one thing you all to look at is   uh the FAA funding that we get is based on the  number of aircraft takeoffs and land landings   if you Institute this you're going to lose a lot  of takeoffs and landings so you're going to lose   some FAA funding if you look at Umatilla Umatilla  was a just a grass strip they went in they kept   track of it they took care of people they kept  their cost down they increased their count to the   point where they've paved runways they've built  hangers and I think there's other alternative   ways you guys can make some money here rentals  hanger rentals I was wait looking for three   three years to find a hanger and that's a steady  income every month you're going to get whatever   you charge so I think it's it's this is a ills  spent effort to tax each aircraft that's it thank you Gordon have I'm Gordon Arbman I live in Halifax Plantation  and um I've got an air on uh an airplane that I   keep at the Ormond uh Beach Airport um the only  thing I want to talk about uh I'll probably be   back to talk about section B but the only thing  I want to talk about here is the the process um   by which staff has presented this to all you folks  um it looks to me like what was presented to you   was all of the talking points from this third  party company that wants to make money from us   they're not necessarily bad guys or anything  but they're in business to make money they   do not have the best interest of our city or  our airport high on their priority list and   it sounds like the only thing that was  presented in this public discussion by   staff was their talking points there is um  a lobbying organization that represent and   pilots and aircraft owners called AOPA Aircraft  Owners and Pilots Association they are delighted   to sit down with staff at any time from any  airport and talk about what the trade-offs   are of something like this they're opposed to  it but and you don't have to listen to them but   it seems to me that staff doing its proper job to  educate you would give you both sides of this and   staff has not spoken with AOPA before coming  forward with this and that makes no sense at   all to me uh I think the AOPA should meet with  staff and possibly have their representative   come down here to speak with you all and and be  questioned and she would be happy to do that and   I'd be happy to make that contact if if you  think that's appropriate but that seems like   a logical process to keep you informed to make  the intelligent decision your goal protect the   city protect the airport balance the budget right  that's fairly straightforward that goal doesn't   mesh 100% with vectors nor does it mesh 100%  with AOPA so I would think you'd want to hear   from both sides through staff or directly rather  than just one thank you for listening thank you Samantha Boyer sorry a little short I'm Samantha Boyer I  live in Ormond by the Sea like many others I have   a aircraft at Ormond Beach where it's called home  for about 8 years I am an associate professor of   aeronautical science um and I'm going to approach  this conversation a little bit differently than   I think some of my my fellow pilots um one of the  one topic that I want to talk about with VI vector   and how they plan on implementing the landing  fees is through ADSB data that's the data that   they're going to collect on who we are and if  we're based there or not um that data and that   tool was implemented by the FAA to improve safety  Ormond Beach's airspace does not require ADSB data   to be used it would be very easy for many of us  to turn it off while we were in there which would   actually pose a major safety concern um and I'd be  curious on how that would work at a lot of other   airports that are looking at this as well um so  that's my number one concern is the increase of   safety concerns that would occur especially with  the increased amount of traffic that we have with   specifically student pilots in the area um I also  want to talk about the fa reauthorization Act of   2024 that was approved earlier this summer one of  the items in that very very long act um includes   that the FAA and Congress have agreed that you  cannot initiate any sort of investigation based   on ADSB data alone I would argue that imposing  fines and fees based on this data is a similar   overreach of government um protocol I find  that highly irresponsible and I find it a a   door with unintended consequences like one of our  peers talked about earlier as well um my third   comment that I would like to make before offering  a suggestion um because I don't like to complain   without offering a solution um is that the  United States model with general aviation which   has consumed my entire adult life and my entire  profession is that we don't want to do landing   fees we want to protect general aviation in order  to promote the most safe and efficient aviation   industry in the world which is the faa's model  um imposing Landing fees is going to take away   from that we're also going to increase the already  very expensive industry in which we operate which   would also discourage a lot of International  students who come here in order to train and   gain some of the most valuable training that  they're going to receive in their professional   careers my solution is that you really need  to work on attracting businesses filling that   golf course that is now been vacant for years with  other opportunities to encourage pilots that are   coming to our airport for more than just practice  landings because I think that's the concern um   promoting events educational facilities air shows  car shows that would encourage people to come and   spend money in our city on our airport property  and help fund the needed that we need thank you Tony ar ar nudis good evening Tony Arnaoutis I live on Tiffany  uh 17th Tiffany Circle off the street from here I'm   going to give you a different angle I'm an  immigrant legal all the way I was born and   raised in Greece my father was a jet fighter  pilot I learned how to fly when I was six my   utmost dream was to become a pilot in Greece and  have an airplane impossible user fees taxes and   all the other stuff that happen so on which  is you're about to implement here disallowed   me from this so I'm a physical therapist uh I  came here when I was 27 I was a teacher another   industry that does not work very well in the  United States I became a physical therapist   and financially I could afford to get an aeroplane  in 1998 uh from Sunrise Aviation I got my pilot's   license I own an airplane and a hanger I'm  exempt from this rule but there is a thing   here that nobody is real good is United States  of America the first nation in the world in what how about number of prisoners how about education  not very much how about Aviation right why because   we're allowed to operate aircraft freely we can  land anywhere we want to and all my friends in   Greece when I go there on vacation they say so  you can go anywhere you want to and nobody no   I have six friends personal friends that came to  emerle got their pilot's license work for Greek   aviation industry and they live in the United  States of America because of this because they   like to fly airplanes if this gets implemented  might as well go back to Greece uh my dream is   to fly in my small general aviation aircraft back  to Greece and there's companies that will book   this for you you know how much I'm going to pay  in user fees flying from here the Greece $6,000 it's almost equal to the fuel I  will play I will pay to fly there   not a good thing Gentlemen please  do not do this thank you thank you all right Sean Daly  Robert Fox Bob Brown and Ron Sarah Sean you can come on up to the mic sir  thank you and you can start while they're coming up I think I'm G to be alone anyway so uh Sean Daly again Northbrook I have the unique uh situation of   I've owned my property for 45 years in Northbrook  if you draw a straight line from the East West   Runway it goes right over my house and I can tell  you that because of the number of planes that buzz   my house every day now I will tell you again  I don't have a problem with our airport what   I have a problem with is Daytona flight schools  and when some these folks are complaining about   operations going down 95 90 to 95% of operations  at our airport are Daytona flight schools you   think they're not going to come for $10 no they  don't have anywhere else to go as a matter of   fact they're going to come they're just going to  pass on that expense as a part of the curriculum   or tuition for their students it's just a cost  of doing business a million dollars of taxpayer   money has been spent on someplace that's used by  very few people now I understand they all want to   have their place for the airplane I think that's  great I'm pretty sure you're a lot of smart people   in the last 15 years that this has been a problem  because the airport has never paid for itself ever   even when the golf course was running it  didn't pay for itself never so I think if   you could find another way to squeeze money out  of that place you would have done it you're not   going to put hanger space there to fill enough  to raise enough money to pay off this debt you   have a responsibility to the citizens most of  whom as I will again refer to the survey that   was done 10 or 15 years ago don't think the  airport is that important to I recognize to   a lot of other folks it's very important but  they don't even those folks aren't even going   to pay so do you think anybody's not going to fly  here because of 10 that's less than it costs to   go on the beach every day $10 and I don't I'm  just thinking $10 $5 operations I can tell you   that the Daytona flight schools despite our noise  abatement policy routinely violate it every day   we have a simple policy for instance you're not  supposed to be doing Flight Training before 8:00   a.m. you know what Phoenix East Aviation could  care less about that on a routine basis they   put four or five planes there sometimes at 6:30  in the morning and why am I so passionate about   this because my wife was very ill for a long time  on chemotherapy you know you can't sleep all the   time when you want to but did they care I called  them I called Embry Riddle I called our people   we can't do anything about that and you know why  they're constantly flying over because they shove   six planes at a time into our tiny little airport  and those planes are going around and around 10   times so if they want to do that make them pay  I'm tired of paying I don't think the citizens   want to pay thank you Sean Robert Robert Fox  did I get that right oh Ron Sarah I've got you too Ron go ahead okay good evening Commissioners  uh City attorney city managers my name is Ron   Sarah and um I appreciate your service  obviously but I fundamentally disagree   with the implementation of uh these landing fees  I must be divine intervention that I'm coming up   after this young that young man I'm apologize for  your wife um but I've been here since 1978 and   and um went to college here I taught College  here taught at Daytona State taught at Embry   Riddle I now teach at Purdue uh online I was  a FHP Trooper here troop D so uh my wife is a   30-year-old uh State Attorney 50ca 7 circuit so I  have a big connection to this community my son now   is a Delta Legacy pilot and anybody in this room  would be happy and lucky to be on his 737 flying   out of Daytona uh Beach International Airport  why because he trained here in our infrastructure   with our flight instructors okay that's why we  have we have the mecca of Flight Training and   these people behind me they've dedicated their  lives lives 30 40 years to make it that way um   let me just give you some quick statistics  uh each flight school brings it any anywhere   between one to 6 million into this community the  Florida Department of Transportation says that   Aviation and Flight Training brings an 8 billion  that's billion with a B okay every dollar spent at   that airport $2 is spent into the into the uh  Community uh I know other people are going to   talk about safety issues so I'm not going to I'm  not going to go there uh what I am going to talk   about is our competition our competition right  now is going to be Arizona Texas and the Midwest   they're looking to see uh what what Florida does  because they want the our students they want   they want them there because they want part of  that 8 billion income coming and pumping into   this economy um let me explain also that I teach  online somebody talked about the social media we   come from a different generation folks we come  from a generation that our reputation if if you   did something it's going to take years before  we see that effect now it's months and days let   me give you an example I have 100 students in my  seminar every Tuesday night those 100 students on   Perdue University are all Aviation related people I  have about 12 of them who train here Perdue has a   totally different model than Emby riddle they  put their students all over the United States   at approved flight schools so I have students all  over I have 12 people here who are Flight Training   and they say in the class discussion Professor  what's going on with these flight training with   these are landing fees this is going to put  another uh 5 to $6,000 onto my bill immediately   a 100 of those students are all talking about  flight landing fees in Daytona Beach area Ormond  okay um next is Bob Brown thank you Sor nope do we  have one one question I have one question if I'm   also on 10B do I have another uh three minutes  you would if we get there yes sir Bob Brown Mayor Commissioners yes sir uh Ms. Tolland I think  that's your Zone it is my zone yes um I'd   like to give you a couple of uh things to think  about when you're when you're talking about these   landing fees one it it's it's not a good idea that  you have them rolled into uh the same ordinance   with the hanger fees and the tie downs those are  property values that you you're going to have to   look at um but the landing fees are are an issue  that are are separate all to their own uh this is   something that this company has come up to sell us  and and they've given the airport managers a good   Spiel to give to you guys but it's not good enough  uh there are issues with it they're sweetening   the deal to make you think that it's it's okay by  giving it um a free ride for your your tenants you   know you're not you're not charging them many fees  you're only charging the the transient people that   are flying into the airport um I believe that they  also said that uh the businesses and the tenants   can also give vouchers to the the people that  are flying in so that they are exempt uh if your   tenants are doing a good job and they're exempting  their business people that are visiting them   nobody's going to collect any fees uh from the  simple thing that uh if you go to the FBO and you   buy a bottle of water is that acceptable is that  a good visit to a business uh the the airplanes   that come to the Airfield and buy fuel is that a  good business uh stop to where somebody's going to   be exempt uh there's a lot of things to to think  about how that fee is going to be collected who's   going to take the complaints is that going to be  you guys or is it going to be Vector there's a lot to   think about the other thing is that uh these the  the the runways are designed to hold thousands   and thousands of pounds 30,000 40,000 uh these  little small airplanes that we're talking about   taxing with with landing fees weigh less than your  car does they're not the ones that are destroying   the the runways the taxiways the the other thing  is is if you if you're going to make this equal   for everybody uh if you exempt people here at  home you need to exempt everybody you exempt   one you got to exempt them all so this exemption  is eventually going to go away we're all going to   to get hit with this fee um it's it's bad because  we're also doing the same thing with helicopters   helicopters thank you don't don't do anything any  damage to runways thank you yep we're going to go to Matthew Sarah Sharon Sarah David Gul and  Terrence Anderson Matthew you're up first hello   mayor Commissioners firstly I want to explain why  I'm qualified to speak to you all today uh firstly   I'm an airline pilot for a prominent airline based  in uh Atlanta Georgia a legacy Airline I'm and I'm   a professor for Purdue University I want to paint  a picture of a young boy and a young family trying   to make ends meet with their small flight school  that's what we did operating on paper thin margins   um this will enable those margins to become  even tighter what they are today um they'll be   so tight you will not have family run businesses  operating at the or the Ormond Daytona all of the   the airports that Implement these these fees so I  can guarantee you that not only will this get rid   of family businesses it's anti- Family Safety is  also a major concern let's talk about about the   737 Max crash um this shook the world Federal new  or um this was worldwide news and it was partly   to blame with pilots that were not qualified and  did not have the experience to operate that 737   aircraft I'm a 737 pilot I know that the person  next to me I want to be incredibly qualified   to do the job that they're supposed to do by  implementing these fees this is going to make   it so Pilots try to avoid having reps landings  doing this um more getting more practice in the   aircraft so when they go to the airlines they have  the experience to operate these aircrafts let's   talk about the laugher curve since I also am a a  financial Professor laugher curve is a Reagan Era   Economic Policy as we increase taxes increase  fees we know for a fact that revenue for the   government is going to decrease I can guarantee  you that these fees will not cause an increase in   Revenue my wonderful fiance behind me Bella she is  a uh a new flight instructor here in the Daytona   Beach area operating over in Phoenix East she is  $180,000 of debt and she is the perfect student   zero check ride failures zero that's unheard of  so do you want to make that $280,000 of debt they   won't do it so this pilot shortage that you see  in federal news worldwide news this will become   even worse this is going to affect our aviation  industry as a whole I guarantee it so if you do   pass this I want to at least see an exemption  for aircraft under 6,000 pounds there is precedent for   this in other airports I hope you do not accept  this these fees at all but please please consider   the legislation and the the minutia detail  here and please ask ask the experts thank you Sharon Sarah hi I'm Sharon Sarah and that's  my boy it's his birthday and he came here um I   just want to start out I've been an attorney not  a 30-year-old attorney but a 30-year attorney as   you can see by my white hair first I want to ask  that the commission um remove the landing fees   from this ordinance to have further research into  how to impose these Fe fees who to impose them on   if at all um if you take a look at Tallahassee  Tallahassee has the fees Vector of course is the   only player in all of these uh airports and they  are exempting any aircraft that is under 6,000 pounds   because any aircraft under 6,000 pounds isn't causing  any kind of damage to that airport and it's very   important that we pay attention to what is going  to happen with regards to the aviation industry   across the United States not just in Florida but  Florida will be impacted considerably um as an   attorney I'm concerned about antitrust laws  um being violated that they are supposed to   be reason these fees are supposed to be created  from reasonable and non-discriminant methodology   um here we've got four or five airports right  now that are getting together through Vector   apparently and they are setting they are price  fixing these fees rather than seeing what their   individual needs are and how each player that  comes into the airport is using the airport you   may have a percentage a high higher percentage  of different types of traffic you have to see   what that traff traffic does and how it impacts  before you set a fee now we also want to take   a look at 49 usca 41116 and that has to do with  reasonableness is this reason is it reasonably is   what the the the pilot the majority of pilots who  are going to experience these fees is it related   to their usage of your airport and if it's not  then there's a problem and that's why Tallahassee   chose 6,000 pounds or greater to impose the fees  because those are corporate Pilots those are the   big planes those are 10,000 pounds land pounding  on your uh your runways and your taxiways that's   causing your problems I would hope that in the  event that you actually passed this ordinance and   include the landing fees hopefully you will not  um that you also I would resp respectfully request   that the proos landing SK fee schedule will be  pulled from the ordinance pending more research   a landing fee schedule must be non-discriminatory  must be reasonable and it's vital for the landing   fee schedule not to interfere interfere  federally preempted controlled airspace thank thank you David Gul please indulge me I'm very nervous dry  mouth I don't speak well in public um my   name is David G I'm from Port Orange Florida I  learned to fly in Vero Beach in 1977 47 years a   pilot I've been a member of the aircraft owners  and Pilots Association since 1985 the largest   organization of its kind worldwide I was an air  traffic controller for 34 years I started out   in Vero Beach in its busiest Heyday when they did  twice the traffic that this airport does I worked   at Orlando Executive and the Northern California  Tron which at one time was the busiest Tron in the   nation while I was in California I watched general  aviation die it just died out there because of   user fees because of cities that didn't appreciate  the value of the airport that they had I'm an   Embry Riddle alumnist I'm a University of Central  Florida aerospace engineering graduate and I flew   as an airline pilot for three and a half years  under United Delta and Alaska Airlines banners   as a Skywest Airlines pilot I'm also a flight  instructor teaching my own kids to fly I have   a 1971 sess of 50 that cost me about $40,000 for a  50s something year old airplane that's pretty big   chunk of change out of that $40,000 I had to add  $5,000 worth of ADSB equipment to this airplane in   order to comply with the federal requirement for  ADSB in order to fly in Central Florida airspace   you need that the airplane is equivalent to an  old Volkswagen Beetle that a guy my age might   have driven to high school it cost me about $30  per hour to operate that airplane and if I can do   10 takeoffs and landings in an hour which is quite  reasonable amount of takeoffs and landings I can   teach my kids to fly 10 takeoffs and landings at  $3 per thousand pounds is $60 per hour for takeoff   and landing practice which is double my operating  cost for the airplane you've just tripled my cost   to teach my kids how to fly I'm not doing this  commercially I'm not Embry Riddle I'm not a big   flight school I just want to teach my own kids  to fly like you guys teach your kids to drive   do they charge you $10 to go around the block  every time on a public street no this is public   infrastructure it's here for the benefit of all  of us and it does benefit all of us this proposal   would triple my direct hourly operating costs and  I'd like to rebut to the staff that it's ludicrous   to advertise a bid locally for 15 days when the  known vendor who instigated this proposal is not   even a US Corporation but a German corporation  if you're going to advertise locally and your one   vendor is from out of the country maybe you should  advertise your bid for a little bit longer and   outside of the state I'm not going to have time to  get through all of this I'm sorry um I don't think   this proposal fits in with the national plan  of integrated airport systems or the Florida   Airport System plan if your staff did not brief  you on these things and how Ormond Beach Airport   fits into these plans I suggest you withdraw this  plan spend more time with staff find out where   this airport fits in the plan and make it fit  I've got twice as much to say I'm sorry thank you Terrence Anderson followed by Michael Galozi first of all I'm gonna cut this short because  um the time Li and plus most most people have said   a lot of the things I going to say anyway but  I see plenty of talking point for this first   of all one of the gentlemen was complaining  about the the airspace people flying around   and over their houses and things I live in on  the beach I'm a resident I in fact I probably   pay more taxes than him I don't know but I'm  pretty happy I stay in Plantation Bay my taxes   are high I don't care if they fly over I prefer  them to fly over secondly um this landing fee   thing um affects the the landing just like the  pilot was saying here about the 737s and say um   most people don't realize when you get on that  plane yourself those pilots are required to cut   the autopilot off once they get so close to the  ground there's only there the planes will require   if they're equipped to do uh autopilot all the way  to the ground and it's only once a month for most   of those planes that are equipped to do that but  the ones that have to do it physically you have   to cut that auto pilot off and be able to fly that  plane to the ground that's why it's so important   for them to know how to land that plane the most  dangerous portion of flight is the landing phase   more people get killed landing than any other any  other type of accident and if they don't know how   to land that plane and you start shortening  up their curriculum to save money that means   there's going to be less training in them landing  that plane but I don't how to land that plane   guess what I'm crashing in your house kill your  kids kill your wife kill you so I think that's   very important for them to be able to land these  planes and to land them uh um uh safely and and   the pattern and what we call the pattern when you  fly around and around and around it teaches you   more phases of flight than anything else because  you get your asense your descents your terms your   Banks everything is in that in that pattern so um  that's a very important phase of flight and as far   as I'm saying that it's it's it's you know they're  buzzing over the houses and stuff Ormond Beach   sits under a shelf under the Daytona International  shelf a classy shelf it's 1,200 feet where it starts   the the uh pattern altitude is only another 100 feet  due to the altitude so that means that gives them   100 feet they have to stay low to to not violate  that space so that if he doesn't understand   that that's why they have you know gous noise on  things um but again that they that landing is very   important for them to learn how to do this because  they can't do it as far as going to the Airlines   and they cut that auto pilot off if they can't do it  by hand guess what somebody going to get killed thank Michael uh galozi followed by Andre May okay Mr Mayor councilman thank you very  much I appreciate having me uh give me the   opportunity to speak I figured I'd corral  the birds in one pond I had intentions of   reaching out to you um on behalf of NASA  I work for NASA Aeronautics research   uh Center um the that's Aeronautics Research  Institute at as research in Moffet field uh   specializing in ad Advanced Air mobility  and researching in particularly recently   the commercialization or the transfer of that  technology into general aviation what I want to   do is uh share with you some of my research I  think it might help with some of the empirical   data and review to assess where your situation is  at this point and and this subject really offer   proposal if you will um so there's no doubt  uh operations what we call air operations   flight operations or flights have increased  tremendously here uh per the FAA database or   adic and the uh adip you're looking at over 7  million flights in the central Florida area um   that's obviously exacerbated by other itinerate  we call transient traffic and local tenant traffic   so the high volume of course I me I heard uh noise  abatement issues or noise concerns um and this has   been well documented the most recent study that  New Symrna Beach Airport actually did uh which is   titled operating cost recovery strategies for the  new smart Beach Airport and it's by Dr uh Buyer   and that that's publicly recently a release  so employ you to research and read that okay   so point is as I mentioned before I'm looking  and reviewing a what we call AA um Technologies   Advanced Air Mobility this the what we call uh  electric electric vehicle EV aircraft Evol if   you've heard of the term so why does this matter  so we think we NASA the nari group feel this area   is a beautiful microcosm of what a future aam  environment would look like it's an integration   of autonomous vehicles with general aviation um  what we want to do essentially is propose essentially um a number of things one of the things I  mentioned before looking at the commercialization   effort we're concerned our reach is finding and  proven out that things like uh Landing fees um the   approach that collecting the fees through the ADSB  is a number of issues with this like unwarranted   surveillance using ADSB is not intended that may  go away we're looking to part of our partners with   FAA to terminate that um it's also a um issue of  publishing personal identifi information or pii   our proposal is just real quick and 10 seconds  we want to leverage The 2024 airport Improvement   program or AIP the grant that's over5 billion to  get into a PPP or public private partnership with   you um essentially we want to work with other  airports FAA AOPA and you and other Regional   airports to to investigate further the transfer  of this Tech no appreciate that y thank you Andre May evening thank you for allowing me to speak sir  um let me give you a little bit back my background   um for about 35 years I worked with one of the  largest international flight schools in Central   Florida we're credited um during that time I was  running admissions for 15 years accreditation for   23 years the VA immigrations for 34 years and  the demographic of the school was pretty much   70% International we had about 60 80 countries  used to come down and the us obviously given   the pilot shortage has been increasing so that's  been a good thing we're excited about that um one   of the things that people don't see and I know Ron  and a lot of people coming up and actually talking   about what's actually happening is that Europe and  the rest of the world charges so many fees that   United States really is number one in pilot  training around way everybody comes here because   it's cheaper and believe me it's not cheap it's  gotten very expensive over the years and I know   we always talk about how many landings we got so I  did a little bit of research on how many landings   they actually involved because I know well how  bad is it you know it's like $3 well no the   trainer that everybody uses like a typical Piper  Archer 172 you know by the time you have the fuel   and everybody's on boards it's around 24 to 2500 pounds so you're looking at $6 per Landing so let's talk   about how many landings we got so with the help  of AI I went on and started looking and we're   looking at uh up to 150 Landings for a private 70  for an instrument 150 for a commercial those are   just three courses you get done in a year right  then you got your CFI is another 100 you got   your double uh your second instructor course which  is 50 and then your multi- engine which is 20 so   you're looking look at a spread of anywhere from  365 to 540 Landings and and like they're talking   about the safety effort of it is that practice  makes perfect and I can tell you I've seen kids   run out of money and they push their instructors  to sign them off for the check ride and they're   not ready and what happens is they're desperate to  finish the training to r on money what's going to   happen is is when the word is out like R is saying  when the word is out and these kids talk and they   talk really easy the kids are not going to come  and I can tell you years ago I worked on a project   with Dick Harky he was the Congressional Aid to  congressman John Mike who signed this District   many years ago and there was a potential a lot  of these fight schools going to lose this one   visa and so Dick Harky came up with a great idea  he said Andre tell me the economic impact for   the State of Florida so I ended up being an  appoint person for the United States to find   out what was going to be again so I was working  with all the fly schools across the country and   the fly schools in Florida make a long story short  it was like Ron said it was in the billions so I   get it these guys come in and and they like Hey  listen I'll take care of your problem I know you   got money you need for the airport you got to fix  it you guys don't have to do a thing and then the   airport manager is like hey I don't have to do  a thing these guys are going to do it all for us   we're going to use this ADSB information and all  the pilot here for they're all pods every time   they come in they're going to have to pay thank  you Andre yeah anyway uh thanks for your time yes sir I had one card for Robert Fox I guess did  he leave or wave Fox or Jex thank you that's sir   sorry about that I did ask somebody and they  agreed that with me yeah it looked like i'   tell the guys it's like text with a Jay gotcha  I say something else to the ladies they giggle   and they remember okay I'll keep my remarks  very brief uh 3 minutes is not enough to do   justice to this highly controversial proposal so  as the last speaker I suppose Mr Mayor members of   the Commission thank you for the opportunity to  speak my first and hopefully not my last I will   summarize what others have brought forth to the  table tonight for consideration in closing this   proposal is not ready for prime time and may  never be it will not improve safety it will   not improve pilot production in an industry that  desperately needs more pilots it will not improve   revenues at the airport in the long term in  the short term it will until people get the   word that Ormond Beach is charging a landing fee  for correct me if I'm wrong Mr director each and   every landing he's not shaking his head yes each  and every Landing will generate a user fee let   me mention something this may be not necessarily  an illegal proposal but perhaps an immoral one it   is based on the use of a technology a relatively  new technology called ADSB at aircraft dependent   attitude dependent surveillance broadcast it  is transponder on steroids it is designed for   an ATC safety enhancement function it is  not repeat not intended to generate fees   for landing of aircraft whether they're base  there or not it also cannot distinguish whether   the aircraft did a touch and go or a low approach  I submit to you this policy is discriminatory it   definitely takes the training Community to task  for visiting airports which is a required part of   their training and unnecessarily burdens them with  additional fees that will discourage not encourage   discourage the use of the airport in the future  I submit to you there are more positive ways to   approach the generation of airport Revenue  as commissioners of course you need to be   thinking about how to raise money in the long term  I get that let's talk about generating businesses   that the public wants to come to Ormond Beach  Airport and use perhaps an aircraft overhaul   service an engine shop a propeller shop we have uh  a helicopter training facility a helicopter repair   facility that doesn't yet exist  let's take the high road on this   Mr Mayor members of the commission  and generate businesses at the airport   that the aviation public wants to use I  yield back the balance of my time thank you commission I think you were copied on a letter  I received from Stacy Heaton who is the southern regional  manager for AOPA aircraft owner and Pilots  Association I sent that to our city clerk and   ask that she make that part of the record on this  matter it uh covers many of the points that have   been made tonight also has a lot of uh stats and  information in it um and commission we can now uh   go to discussion you want a motion on 10A or if  there's a motion sure I'll move for discussion   I'll second for discuss okay moved and seconded  and we'll start with you Commissioner Sargent thank you Mr Mayor and I have lots of comments  but I think I'll keep it brief uh thank you to   the residents for coming out um back in October  6th of 2015 at the airport Master Plan update   Workshop commissioner Boehm at the time noted  that he read that we were only in $177,000 in   debt so that kind of answers where you thought  about nine years ago here we are 9 years later   and we're operating at over a million dollars  in debt we're looking at ways to um explore   this so I I have a question for staff was  this item presented to the Aviation Advisory Board uh we did not yet bring this before the  Aviation Advisory board when the decision to   bring the item before the commission was made we  started to move this forward with the expectation   to talk to them about it at their next meeting  this fall I think it's important that we would   have them advise us before we are making a  decision on something that's why we have an an   an Aviation Advisory Board um and let me be clear  I'm not a no on charging a fee but I think we need   to look at everything look at all the options  and here here we are several months ago I said   I would I would appreciate if we had an Aviation  Advisory board that met more than as needed when   we are operating at a negative million dollars um  in the red with that Mr Mayor I mean I have a lot   of other comments I can make um for the record  I did speak with Stacy um from AOP I met with   several pilots out at the hang at Frank Bullard's  hangers on Monday um I would like to make a motion   to table this item and the next item Mr Mayor I  second that all right did you want to withdraw   your motion on uh 10A because we had a motion and a  second for discussion yes I'll withdraw my motion   on 10A and make a motion in the second or withdraw  I forget you Sor okay our second I'll withdraw   perfect then I'll make a motion to table items uh  resolutions 10A and 10B is there a second second any issue with that Randy no just for  clarification is it your attention that   the item be um presented to the Aviation Advisory  Board before it comes back to the commission or   what what exactly are you directing staff to do  yes I would like to direct staff to um let's go   with the process have the Aviation Advisory Board  review this and advise us accordingly is there   anything else I just wanted to say something  anything else and the seconders okay with that   addition is it may I say something yeah I just  wanted to say I have so many questions and um I   am glad that um Commissioner Sargent that you've  said what you've said and withdrawn everything I   there are so many questions about this this is a  huge decision so I think we need lots more time   to learn about this issue um even more so that  what's in our agenda it just doesn't answer all   my questions I was I've been sitting here writing  down questions and I have so many so thank you for   doing that Commissioner Tolland no that's not how  we do it sir Commissioner Tolland so I came in here   after you know doing my research talking some to  some pilots and thinking that this was absolutely   the right thing to do um because it will fill  that hole in the airport you know fund um   but obviously I learned a lot tonight and what I  learned is this process of comments and coming up   and speaking to us works and at least in the fact  that it gives us the opportunity to question uh   of those people that are experts in the field  and not just what we can read and try to find   out on our own so I appreciate all the time that  you guys spent in coming to the podium that's not   always an easy thing to do and I 100% respect the  one gentleman that said he doesn't speak well in   public first time I came here I tried to promote  a community garden I about threw up after I talked   to the Commission and went home and here I am so  it's still I'm still not comfortable but that's   okay so I appreciate um Commissioner Sargent you have been talking about using our advisory   boards not just the aviation Advisory board but  our advisory boards better I think this is the   perfect example of of where we failed in that  respect and I'm really looking forward to coming   back after it's seen at the aviation Advisory  Board and getting some of those answers asked um question commissioner s thank you Mr Mayor I'd  just like to if there's anyone that's a Ormond   resident that would like to be on the aviation  Advisory Board the applications are available   online and we normally do those in November after  election season yeah check the website it's on   there now if you need help please email me or call  me thank you so this is a vote on the motion to   continue 10A and 10B right Mr Mayor um Deputy  Mayor Briley I would like to state that yeah I do   agree that I think our Aviation Advisory Board  needs to review this first um however I do I do uh   concur with Mr Daly uh that you know the airport's  been running a deficit for many many years and   it's I don't think necessarily the city should  keep subsidizing the airport and on the backs of   the taxpayers so I do want to throw that out there  but I do think it is worth our Aviation advisory board   looking at this prior to coming back to the city  commission thank you thank you please call the   vote Commissioner Persis yes Commissioner Briley  yes Commissioner Tolland yes Commissioner Sargent   yes Mayor Partington yes 10c resolution number  number 2024-159 a resolution appointing a member   and an alternate member to serve on the opioid  abatement funding Advisory Board establishing   term and conditions of service and setting forth  an effective date this is resolution number 2024-   159 read by title only thank you uh Susan I don't  have any cards on this item and but I will state   I'm currently serving on the opioid abatement  Advisory Board uh Vice chair and I would have   one more meeting I think it's October 4th and  I would like to continue to see that through   to the end essentially um so Susan I'm not sure  the best way to accomplish that um Mr Mayor I'd   like to at least nominate uh Commissioner Tolland  I second that thank you as the alternate member   correct okay they stole my thunder and I would  thank you I would continue you guys are going   to get a chance to do this again in November or  December or whenever you make all these um and   presumably and presumably Commissioner Tolland would then bump up possibly to the rep but I   would appreciate and be honored to be part of  that opioid abatement awesome I know you've   already been to many I've been to a few meetings  watching so I'm be honored thank you so we have a   motion in a second you need anything else at this  point Susan this appointment would be for 2 years   um starting October 1st so um when I spoke to  the representative from the county she said we   could either um Mayor you would continue for the  two years and we have an alternate or we could   appoint reappoint you and then who would replace  you and then also an alternate I would I don't   like that yeah uh my intention is to serve out  the remainder out of my term along with my mayor   duties and then there would be a vacancy  I think at that point you would be able   to the way I remember the rules being written  because we voted on them as a as a board they   would uh yeah I think Commissioner Tolland could be  the alternate until when when then when the   Mayor resigns or resigns from the board we  could appoint Commissioner Tolland as the primary member okay thank you thank  you so please call the vote   Commissioner Briley yes Commissioner Tolland yes  Commissioner Sargent yes Commissioner Persis yes   Mayor Partington yes and thank you Commissioner  Tolland for your willingness to serve uh 10D   resolution number 2024-160 a resolution accepting  a proposal from Brown and Brown Insurance Services   Inc for the provision of property liability and  Workers Compensation Insurance for various lines   of insurance coverage through various insurance  carriers including property Inland Marine Auto   physical damage excess workers compensation crime  accidental death and dismemberment police officers   and firefighters National flood insurance program  nfip flood pollution professional liability EMTs   and paramedics general liability including law  enforcement liability tenant and user liability   tulip special events cyber liability and active  shooter liability insurance authorizing the   execution of documents relative theret authorizing  payment therefore and setting forth an effective   date this is resolution number 2024-160 read  by title only thank you Susan and I'll ask our   finance director Kelly McGuire to speak on this  item thank you very much we received two proposals   for our insurance our fee one was from Brown and  Brown for $1.5 million and the second one from   Foundation Risk Partners that was $1.65 Million  neither provided the flood insurance information   because the rates were not available at the time  but the proposals were open we have received that   since then so that adds $20,000 to each of these  two proposals in addition to that there were four   coverages that we have listed here that Foundation  risk Partners did not quote specifically they   indicated that they would assume our existing  coverage so for purposes of doing an Apples to   Apples comparison you need to add approximately  $30,000 for those four lines of coverage and so   there were two criteria that we used price was one  with those additions the flood insurance and then   taking into account approximately $30,000 for  the four coverages that were not specifically   quoted by Foundation risk Partners the difference  is about $180,000 between Brown and Brown and FRP   so price was 50% of the criteria obviously  Brown and Brown received the 50% on that the   second criteria was qualifications so we looked  at not just the qualifications of the firms but we   looked at the qualifications of the underlying  trusts so PID and FMIT the firms both highly   qualified obviously they've been in business  a long time certainly the individuals that are   in those firms are highly qualified and capable  of providing the services we need we looked at   at the underlying Insurance trusts Pidge and fmit  both of those are financially sound firms capable   of paying our claims so for the purposes of  qualifications we deem them to be equal so   our recommendation to you is to award to Brown  and Brown because they have the lowest premium   I'm happy to answer any questions and we also have  Steve farmer here from Brown and Brown if you have   questions on their proposal thank you Kelly if we  have questions we'll come back to you okay thank I'd like to First just um that I will be  turning in my Form 8 abstaining from voting   on this item as I work for an insurance company  that's participated in the bid process I did   speak with uh the Florida ethics commission  who advised me that I could participate in   conversation but to abstain from voting so thank  you Mr Mayor thank you commissioner tolland yeah   I submitted my form to city clerk prior  to the meeting um I just want to put on   record that I had contacted the Florida um  ethics commission and spoke with an attorney   gray schafer concerning this resolution um he um  advised me that I may participate in discussion   only and may not vote in the floating  conflicts are cited on 112. 3143 sub3 and   sub4 of the Florida Statutes 2023 thank you so  Deputy Mayor Briley commissioner Persis and myself   will be the only ones voting on this item and uh  with that we have four cards starting with Tom Leek thank you just to make clear I'm here in my  capacity as the chief legal officer of foundation   risk Partners you know RFP is is proud to be  an Ormond Beach uh based company we have a 120   employees right down the road uh and we have  proud to be nor of each success story we've   risen to be the 20th largest Insurance Agency in  the United States in only seven years but what   the reason I'm here is because when I heard that  the city through staff may find that compliance   with Florida statute 28713 was no big deal or not  complying was immaterial it caused me a great deal   of concern Florida's foreign countries of concern  act or anti-corruption act you may have heard   mandates that a governmental entity may not accept  a bid on Pardon Me or proposal from or reply to or   enter into a contract which would Grant The Entity  access to an individual's personal identifying   information unless the entity provides that the  governmental entity with an affidavit sign by   an officer or representative of the entity under  penalty of perjury attesting that the entity does   not meet any of the criteria in paragraphs uh 2 a  through C I can say with some degree of certainty   that the legislature deemed that material it it  it's alarming that we would try to write that out   of the provisions this is not an acknowledgement  of loss runs this is an affidavit under penalty of   perjury and the law says if you read it that you  cannot accept a bid or proposal unless the entity   provides the affidavit so you need to ask yourself  tonight did the city accept a bid where the bidder   had not provided the affidavit did the city accept  a proposal where the bidder had not provided the   affidavit if the legislature intended to solely  bar you from entering into a contract with such   an entity that would not have added the language  prohibiting the acceptance of a bid or proposal   proposal by Brown and Brown in question  is by Statute non responsive and should be   thrown out following me and allow me to make some  introductions following me will be Joe thacker from   Nelson Mullins who's outside Council for us she's  been practicing in this area for over 30 years   was the osceola county attorney for 13 years and she  could give the rest of her resume David lodwick uh   mayor of Royal Palm Beach for 11 years chairman  of the Florida Municipal Insurance trust for 5   years years he can give you the rest of his resume  and Alan Flores Allan served as deputy director of   legislative affairs for governor Bush and also  served as a Special Assistant for two years in   2005 Allan started a career in Insurance where  he oversaw the Daytona Beach office for Brown &   Brown and oversaw its public entity Division and  presided over a period in which the public entity   revenue for that division doubled in size in 2017  Alan Flores helped with the formation of FRP in   its sales apparatus he is currently the chief  sales officer of the company thank you thank you next is Jo thacker good evening Jo thacker 390 North Orange  Avenue Orlando uh thank you for the opportunity   to speak with you tonight I would like to actually  Focus my um address on the resolution before you   there is a whereas Clause that states that a  second alternative is neither authorized by nor   consistent with the RFP and further that your  code of ordinance prohibits the consideration   of evaluation of factors that are or criteria that  are outside the scope of the RFP your RFP language   that guides this process actually provides in the  general information they want the same coverage as   you have existing but in the very next paragraph  of that under extent of coverage and options it   states that the city is requesting proposals that  that the uh for several types of policies and the   only thing they really need are the policies  and the premiums that go with it that then the   city would decide on the coverages um and so the  resolution that says that it's not authorized or   outside the scope is actually incorrect further  the resolution references the code of ordinances   that prohibits the evaluation of factors that  are outside the scope so for those same reasons   should be but it also says that it should consider  the cost and the completeness that was referred to   before both are 50% of the consideration so I  have no idea why your resolution further goes   on to say that it can't evaluate the secondary  alternative proposal that was provided because   your scope of the RFP actually calls for it so I  feel like you're required to consider it pursuant   to those two factors I'd also like to point out  that your code provides that all specifications in   an RFP shall be drafted so as to promote overall  economy for the purposes intended and encourag   comp uh competition in satisfying the city's  needs and shall not be unduly restrictive and   that's straight from your code on the completeness  of The Proposal staff failed to state that all of   the required forms were not initially completed  by the other proposer but they were allowed to   present those after the fact um there's nothing  in your code that states if this is something   staff can actually do and it should be addressed  in your code and set forth in the RFP and neither   are there so as representative Leek clearly  pointed out the leg legislature thought this   was so important that an uh part of the statute  that became effect of January 1 2024 requires   with a bid that that affidavit be um submitted  uh it was submitted after the fact just last   week finally the resolution states that um the  quotes for certain items thank you thank you David lodwick good evening mayor members of council  uh my name is David lowig to just as background   yes 11 years as mayor I did chair the fmit board  also spent seven years as the Director of member   services for the league of cities and negotiated  reinsurance contracts on behalf of the league I   would like to focus real briefly on option two  that we provided your staff covered our our   primary option option two offers you a dedicated  limit of insurance just to you not shared with   other cities as part of a program is a $35 million  limit how do we come up with that that exceeds a   one in 1,000 year event that could hit the city  1 in 1,000 the FEMA standard is 1 in 250 so our   option two is less risky represents four times  both the FEMA and Florida condo law recommended   limits and saves you an additional $42,000 under  the competing bid this type of option is utilized   by many cities we'll have a handout to share  with you North Miami Beach Winter Park multiple   cities up and down the State of Florida utilize  this program this is a dedicated limit why does   it matter I'm going to quote Chris prepco he is  the chief of insurance for the league of cities a   friend and he's getting ready for board meetings  this week first and foremost the league offers   a dedicated limit because it's the right thing  to do cities buy property insurance from us and   trust that they may be made whole dollar for dollar  after a major loss two of the three Pro property   insurance programs offer shared limits second  we would not want to offer the city a property   insurance coverage with would not want ourselves  as you know we purchase hundreds of millions of   dollars of property reinsurance coverage each  year so that we can offer dedicated limits to   our clients none of our reinsurance contracts  have shared limit Provisions they're dedicated   to the fmit and therefore our members it does  not seem fair to charge the property coverage   we offer to our members by inserting a shared  limit provision On a related point would you buy   homeowners from a carrier that tells you that  your claim payment depends on how many claims   other people have in the state and the possibility  you might not get paid lastly fmit can do this   because among the three trusts they're in  a unique financial position to be able to   do so their net position is in excess of $130  million where the largest competing trust has   a net position excuse me of about $36 million  when you're four times larger and you want to do   it for the right reasons that's what you do I'm  here tonight specifically if you have questions   on this issue later I would be more than happy  to assist thank you very much thank you and Alan   Flores thank you Alan Flores 225 Landmark Circle  thank you mayor thank you Commissioners thank you   City staff I would like to thank Kelly McGuire she  gave me a call on two occasions and we did discuss   this ma matter at length she didn't rush me she  gave me an opportunity to explain where we are   obviously we've agreed to disagree and that's okay  uh except that she's also told me that we had an   opportunity to present to you today the reason why  we believe that you should consider our option now   to reiterate representative leek's uh statement  we do believe that in the interest of bid fairness   and showing a assigned to the vendors vendors  whether it's insurance or not you have to follow   rules you don't follow the rules then then you are  disqualified in fact when I ran Brown and Brown's   public entity division on two occasions our firm  was disqualified because we did not respond to an   affidavit these things are important especially  one related to a foreign corruption act but more   importantly and because of my expertise and my  history in this business specifically with public   entities I would say to you this is a better  option it's a better option because the way that   you have to look at it and if you look at Pages  two and three of the handout that we provided to   you you'll see there that we tried to simplify it  for Lay people because we have made a business of   complicating insurance and we're sorry for that  but the the reality is is that FEMA oir Carriers   Industries we all purchase insurance based on  the the um risk factors and so this is less risk   more savings it's less risk because again the  standard that is used is is it a 1 in 250 limit   is it a 1 in 500 event it is a one and uh 1,000 1  and 5,000 what I did was showed you a graph that   has an equivalent Category 3 category 4 Category  5 storm so to put it into layman's terms that's   what a 1 in 250 1 in 500 1 in 1,000 mean if you  go with our option you are buying a one and two   one in one ,000 probability factor that is all  your own so when a claim occurs and unfortunately   it will when it occurs you don't have to share it  with eight other municipalities in volusia county   and hundreds of other public entities in the State  of Florida it's yours theirs is less it's 1 in 250   why is it 1 in 250 because you have to share  it because it is a truly shared limit that's   not me saying that although I am an expert on it  because I presided over it for 10 years it's it's   a disclaimer in their proposal and on page three  that disclaimer is written there so again thank   you for your time we believe that we're doing the  right thing by offering you this option and we are   proud to present that to you as a testament to  how hard we want to work on your behalf thank   you thank you and Kelly do you want us to go  to you or Steve you wna take a swing on your   proposal okay do you have anything else I'm happy  to answer any questions questions commission any questions you guys can participate you  just can't vote correct so feel free if   you have have other if you have questions  I don't have any other I'm concerned with   the the points that uh representative Leek  brought up I just want to make sure that   everything is first of all that things  are in compliance I think they are now if   we accept the Affidavit of compliance that  was submitted on September 9th is that correct   right you were included two two additional  items that's the affidavit um and then the   acknowledgement of I believe it was addendum  one or two I can't remember which one those   were included in your packets those were not  received as part of the original packet they   were received afterwards okay and now also  confirm I didn't see that but I just want to   make it's like the last page and also the last two  pages right I don't know that it's a big deal but   the notary put her her commission expires 924 2024  but on her stamp it says it expires September 28th   2024 that may have just been a clerical error  but did you have a question when were the bids due let's see I'm going to have to look um need to go back to the original RFP June 9th now in The Proposal just to be clear the the  deadline in the RFP was June 9th but we extended   an additional week because we took questions and  then we answered the questions and we wanted to   have we wanted to give the proposers time and I  don't think we had a quorum or there was something   else too yeah we to vote so I understand that  um on the proposal for Brown and Brown on page   36 I noticed that the storage tank policy they had  effective dates of 429 23 to 24 did those policies   renew those policies will not renew until April  so they were not specifically included here but   on their proposal that the dates that they showed  were 4 uh 23 to 24 so those dates were incorrect   the last renewal was April of 2024 correct okay  but I'm just saying that in The Proposal that I   was looking the dates were wrong okay um and I  think that it's just it's kind of confusing with   the way that municipality Insurance works that  I've just kind of looked up some things that   the city's coverage is excess coverage so it's a  lot different than us buying homeowners insurance   or car insurance and you know we're buying excess  coverage so it's this is a lot different and as I   read the disclaimer about the preferred government  insurance trust insures $680 million in total   insurance values in blushia County um in the event  of An Occurrence so if we had Like a Hurricane   Andrew or a catastrophic event there could  potentially be no coverage for the city of Ormond   uh for the city of Ormond just something that I was  reading in the proposal and I think that's all my   comments for tonight Mr Mayor thank you thank you  commissioner Tolland I have a couple comments um first   thing I would just want to put on the record that  the residents will enjoy the Ben benefit of this   competitive process you know this is one thing  that us up here have tried very hard um to not put   things just on consent agendas or at least look  at the bidding process keep it transparent keep   it fair make it competitive because at the end of  the day our residents will be the ones that are   the winners in that um you know I I know that our  rates have increased over the last few years um   without this process or without bidding it out and  I just think it's a little curious that this year   we have um come up with a bid that's $300,000  less than last year when all everything else is   increasing in life um I will say I I I had some  insurance kind of questions but my brain doesn't   really handle all of that but what I would what  it does handle is is um bid fairness this is my   takeaways following rules I'm a real big rule  follower and if we don't have the proper um if   we didn't follow the proper rules I think that's a  problem and I think that sets us up for um issues   down the way down the road um and then I also  just question that less risk better priced and   that not shared policies I um I did not realize  until I just saw the handout how those policies   work so I have a lot of questions and I don't feel  like I'm smart enough to ask those questions but   I do have questions sure you are do you want to  so for now that's that's it right now I want to   hear rest of you all Deputy Mayor briley well  I I I concur with commissioner tolland um I do   have a lot of questions um especially some of the  points that brought up this evening but I I too am   concerned with the shared the shared limit shared  payment the shared program rather um I I kind of kind of kind of on the side of the the the one of the  Thousand Year storm event but I would like to hear more commissioner persis I just want to say  both of these for these businesses are such   well respected businesses in our area so this is  I think this is tough I mean I think this is a   tough thing to sit up here and and do it's ve  very difficult um because I know nobody wants   anybody to be caught without money or being able  to P pay any kind of insurance fee so this is I   think this is really really hard but I think  we just have to look at the facts I'd like to   ask Randy if you have any anything you would  like to say about what you've heard tonight   well I think what you have before you is uh the  U best recommendation from the program committee   that heard the presentations and is making the  recommendation um I U was not present at the   presentation uh as part of that um um committee um  my understanding that in the um as is a customary   practice in uh the solicitation of bids and  proposals that historic and customarily that uh   in order to for the staff to make sure that it has  received the best responsive bid that it believes   in the best interest of the city uh it has the  ability under the code under the language of the   code and I don't have the sections in front  of me to um um discuss um with um proposers   of bids and proposals any irregularities or um  other matters that may need some clarification   and that is customary to allow them in certain  instances to U provide an affidavit for instance   in this instance and so that's what the staff did  that is customarily what they would ordinarily   do so what you have before you is their best  recommendation uh from the program committee   ultimately this commission gets to make that  decision and if you agree with the staff's   recommendation then you should make a motion in  a second to approve the resolution that has been   presented and is in your agenda because it's based  on the recommendation of the program committee if   you do not agree with that um recommendation  and you want to um award the proposal to um   Foundation risk partners then we'll need to go  through this resolution and make some amendments   to it so the process would be to make a motion  in a second to get it on the floor for discuss   purposes and then we'll um need to discuss the  reasons why you wish to award uh the proposal to   Foundation risk partners and not Brown and Brown  and then we can kind of clean that that resolution   up for you by way of an amendment which would  require a motion to amend followed by uh a second   you would vote on the amendment and then you would  vote on the or the underlying um resolution which   is typically how we do it here so we've got a  little bit to get through first before we get to   that point and I don't know that we're done with  all of the discussions here I I think the Brown &   Brown folks are here as well so they may want to  address some of the questions um that have been   asked by the commission as well so I don't know  if that answers your question specifically it help   yes thank you good deal and so we can either hear  from Brown and Brown now Steve I guess that's you good evening everyone Steve Farmer brown & Brown  Executive Vice President 105 Riverside Drive as   well longtime resident here in the city of wman  beach we've we do this all the time I have served   at the pleasure of this commission for almost  20 years uh and have worked very closely with   your insurance committee over that time I would  tell you this uh I've worked with a lot of public   entities I had the great opportunity of working  with Allen for a long long time uh this is the   most the best insurance committee I've ever worked  with the most conscientious Insurance committee   I've ever worked with and I can tell you that  in working with them through the years meeting   with them as many times as I have they really  understand insurance now as far as PID goes Pidge   has been a partner with the city of Ormond Beach  for almost 15 years uh they do have a shared limit   program they are very transparent about that they  buy a limit of insurance for their group that is   equal to what the wind modeling says in the 250e  storm they're absolutely right I would tell you   that the the greatest test of insurance program is  has it performed and it has performed not only for   the city of Ormond but for all its members for a  long period of time and I can tell you and as we   all know it has been tested there have been a lot  of storms that have come through Florida and not   only has PID performed from the limit that they  buy for their members but they've also performed   from their claims handling and that's one thing  that that when we talk about these kind of   processes and I appreciate the process I welcome  the process commissioner Tolland you're absolutely right   there's nothing that gets insurance carriers  moving more quickly than competition absolutely   and we've talked about that with the insurance  committee on the topic of loss limits versus   full limits loss limits are are can't they have  their place generally buying a lower win limit   than you have to Total insured value is done out  of necessity because you can't buy up to your   total insured value which you're able to do with  both pidget and the fmit program we have discussed   loss limits with this insurance committee every  year for the last 10 years as the property Market   has has gone up and you're absolutely right  your rates have gone up over the years and we   have tried our best to manage it we have we have  delivered quotes on loss limit programs we have   delivered alternative risk programs s uh and pidet  has always been the best for the city of Ormond   Beach not only from a pricing standpoint but from  a claims handling standpoint and I would also   add that the risk manager for the city of Ormond  Beach uh who has since retired uh hope Christina   is enjoying her retirement but was a on the member  advisory committee for Pidge for a very long time   she was a part of the decisions that were made on  behalf of the trust throughout the years and we've   offered that to the city of Ormond Beach I'm I'm  not sure who's going to catch the insur Insurance   Hot Potato but uh whoever does is going to get  the opportunity to sit on that board as well so   we responded to an RFP we responded to the letter  of that RFP and we delivered a program that is   well known to the city of of ormond Beach uh provides  incredible coverage to the city of ormond Beach and   yes about $300,000 of savings to the city of ormond  Beach and we're very proud of that and I would   tell you that it's not competition is part of it  commissioner tolland but the market believe it or not   is improving especially in large commercial  property and I'm not going to Pat myself on   the back but I've been in this business for 30  years I have some pretty strong relationships and   believe me as a resident of City ormond Beach  and as someone who grew up here I call in all   the favors I can on behalf of the city so we're  proud of our response we're proud of what we've   delivered your insurance committee has recommended  it and we hope that this commission will accept   that and I'm happy to answer any questions that  you have thank you Steven any questions for Steven NOP not at this time thank you sir  thank you very much okay just to piggyback   on what commissioner tolland said I'd like  to go back with some historical data on   2015 our insurance for the city of ormond beach was $691,000 Ur a 43% increase which bumped our  insurance up to 1.2 million then we sent it   out for bid and the residents of ormond beach are  going to see a $300,000 decrease so the process   works like you said commissioner tolland on on  competition and and bidding these big projects   or big line items if you will um out so I just  those were the historic data that I had from   the finance director and just wanted to share  that and I promise that's my last comment for tonight Kelly I'm going to ask a couple questions  if you can help me out um what did the program   committee even address the issue as far as the  Affidavit of compliance the program committee   did not the purchasing department did okay  and as Randy said they followed their typical   procedure all right and uh tell me this on the  shared limit versus name storm limit what was   the program committee's thoughts on that the  program committee discussed that um and really   there are a couple of thoughts on that first  of all we have as as Steve said we have talked   about that for the last 10 years so that wasn't  something that we were particularly interested   in considering that's number one number two it's  not consistent with our current insurance program   and that is part of the issue here is that a  $35 million sublimit is not consistent with our   particular program that we have and the RFP called  for proposals that were equal to or comparable to   right so that's our scope of service we're working  with and that's why we really didn't consider   that we considered the primary proposal the 1.65  million proposal say it that way so we're clear on   which one I'm talking about and we didn't go into  a lot of conversation about the other one because   from our standpoint it didn't meet the scope of  service I will also say and this is true of all   of our proposals when we do an RFP we don't allow  a proposer to give us 10 different options right   they we don't allow that unless we specifically  ask for it in the proposal they give us one option   every proposal proposer gives us one option and  we evaluate those so the the concern we have here   I I suppose is the best way to frame it is that  we didn't ask for sub limits we didn't ask for   other options right there are insurance companies  out there or agents of record out there that may   have provided us proposals Beyond Brown and Brown  and and uh Financial risks so that is the concern   that I will um talk about with respect to being in  charge of purchasing right we tried to Define that   scope of service so that we are are comparing  Apples to Apples not apples to Orange because   then the evaluation becomes extremely subjective  all right and it I mean it's fair to say we want   the absolute best coverage for our residents for  the lowest possible cost okay and both of these   firms are equally highly qualified to deliver that  correct they're very qualified in the underlying   Insurance trusts you know we have no concerns  about them paying out cents I just I'm looking at   uh Fort Meyers Winter Park Northport North Miami  Beach not slouches of cities that have gone with   uh the Florida Municipal Insurance trust highly  respected um and so I'm not sure I understand why   the committee wouldn't accept differing proposals  I mean where we going to get caught in a problem   going with similar Insurance programs to these  other cities that have not had a problem with   them I mean Fort Myers was just hit with Ian a  year and a half ago I don't think they had any   issues with fmit from everything I've heard um  I was just down there on a coastal resiliency   seminar listening to how they recovered and didn't  hear any any problems with with their insurance   but I guess that's what I'm trying to get to is  the the absolute best coverage for the lowest   possible price and you're saying the 35 million  per limit somehow doesn't provide that no what   I'm I'm not saying that the 30 I'm not saying  that I'm saying that the scope of service was   not written to include that right it wasn't it was  written for our insured value of 163 million rough   with no sublimit okay that doesn't mean a sublimit  isn't something we should consider right but   the problem we have is the scope of service was  written a certain way so now it becomes difficult   now to try to bring that back in because Brown and  Brown certainly could have provided as a proposal   for subl liit whether the amount would have been  more or less I can't tell you because we don't   have that information and there may have been  others that would have as but so it's more of a   procurement issue than it is uh an issue whether  you know 35 million is not an appropriate limit   for us okay in either case we have of course  in addition to insurance we have feed the just now commission any other questions or concerns  commissioner persis I I think one of my main   concerns is just the the storm event because you  know we never know what's going to happen and we   want our residents to to be safe and we want to be  able to pay for anything that would happen so I'm   that is one of my concerns there is that that  the Brown and Brown doesn't offer the one in   1,000 versus the one and 250 I think  that's something that we need to think about commissioner tolland say so your your Apples to  Apples and then the extras the extra things um because we've done it a certain way in the  past doesn't mean we shouldn't open our mind to   look at all the different things out there like  cyber security is big now I know that that's been   addressed but the world is changing and our  needs are changing so I'm just wondering if   there's a way that you can just look or maybe you  did looked at the apples and then the extras and   then who can provide the residence with that best  product um I'm not sure we're comparing apples St   well and that's what I'm afraid of as well and  maybe it's the process that's flawed and not the   the actual products that were presented right  so you can help me Mr Mayor if I may sure um we   do bring the RFP to you before we let that  out to bid so we brought the RFP to you with   the indication that we were going to pursue  the same coverage that we had last year now   I don't have a crystal ball and neither one of  nobody here does um I agree with commissioner   tolland that the city benefited greatly through  the competition of this process but if you are   wishing to seek a higher limit and get a lower  rate that is the direction you give to Mr Hayes   and he can give you some information on that  but I just wanted to be clear that it wasn't   that we didn't think of it it's just that and  it's not the way that we always do things that   was the process that we were going to follow  okay and that's what we did it wasn't like Mindless so commission I again I just don't think  you know when you're looking at 1 and   250 and one and 1,000 you're not apples  and apples um I don't think it's Apples   to Apples either I mean I prefer more  Insurance you know that we can I mean well I mean you have two highly qualified  companies right uh some little abnormalities   maybe in each of the uh processes of how it  how it got here uh but the lowest cost does   appear to be FRP unless I'm if I'm missing  something Foundation risk has the lowest cost I thought it was brown one 1,481 789 is is f frps with the $35   million limit and then Brown  and Brown is5 22930 um as bid 41,000 and change you're looking at the total  at the total premium at the bottom correct Randy   may I ask you a question or Mr Mayor sure so how  concerned are you about us not following the rules   with the affidavit being included in the packet  well I think it's a matter of interpretation so   um under the statute they do have to provide an  affidavit uh and the affidavit was provided it   was provided after the fact and this is something  that I think is allowed by the code it's something   that historically and customarily is done um or  Allowed by um the um evaluation committees on   lots of different bids and proposals now you're  free to make a different determination and treat   it differently so I think what the staff and the  program committee did is they gave you what they   believe to be their best recommendation um you  ultimately make the final decision and you can   agree with that recommendation or you can disagree  with it if you disagree with it you need um to   help us understand the basis for that because  we'll need to work that into the resolution   that you will need to approve um accepting this  proposal and awarding the contract essentially the   reason for that is any expenditure over $25,000  must be approved by written resolution so we're   going to have to fix this on the Fly this evening  if that's the way that you're leaning um I think   that um the again the the resolution was prepared  based on the staff recommendation and their um   um um evaluation analysis of the proposals  were based on the current lines of coverage   and ordinarily when a bid or proposal is issued  uh it will expressly State whether alternative   options are allowed or not and it was not um  it was not it didn't expressly state that in   those terms in this proposal what it did say  was we're soliciting proposals based on the   existing lines of coverage and coverage amount  so from the staff perspective they were trying   to do an Apples to Apples comparison because  that makes it easy for the commission had the   staff um um if they desired to solicit additional  proposals the RP would have expressly stated that   now what you got was a proposal from Brown  and Brown there's a question about whether   the affidavit was timely submitted and whether  or not that should operate as a um as a um um   rejection of their B being non-responsive if you  will and if that's the case then the question is   which of the two proposals from uh Foundation risk  Partners um should you accept um I think based on   the staff recommendation it would be the option  one which which omits certain lines of coverage   because they were not soliciting proposals for  other variations now you can agree or disagree   with that interpretation as well but that's  staff's best recommendation to this commission   ultimately you will make that determination and  then we'll do our best to put this resolution   together for you does that help I think it  does um well the lowest lowest is foundation   right and if I can ask a question of Mayor Ludwick  and then I'll Steve I'll allow you to respond as   well uh you started to cover it I don't know if  you had enough time in your three minutes but the   shared limit versus the named storm limit can you  tell me uh your opinion of which is best um one   Mr Mayor members of council again thank you you  tell me what happens I'll tell you what's best I   think that's fair in Insurance Steve in the event  and and another reason why shared Lumen is a very   very relevant discussion for the city of Ormond  Beach as I sat with reinsurance companies and   Underwriters in London and we discussed  modeling one of their first discussions   is where do you have high concentrations in  value for most programs probably agree it's   Tri County Palm Beach Brower Dade that's where a  lot of the values tend to be driven in the state   for whatever reason maybe because the headquarters  are here there's a high concentration within Volusia   County and Brevard County within the pgit program  shared limit only becomes a problem when you   get near or exceed the cap that is purchased so if  it's 240 million I believe that was the number in   The Proposal I'm not going to try to quote that  hardcore L St answer to that but as that number   gets approached reinsurance come stop paying  because they've got to wait and collect all the   claims because anything that gets up to that 240  that's when they stop paying okay the 35 million   when you look at that as a percentage of your  total values the one in 250 tends to run around   8 to 10% of a city's values that's a direct hit  from a category typically a two maybe a two and   a half to three I went through a two in Royal Palm  I I have a little painful experience from that the   dedicated limit is set aside to you the funds are  set aside to you they buy reinsurance specific to   it and dedicate their own Surplus we know that's  the number it speeds up payment the other factor   in the two programs because of the way the league  is written with keeping risk able to write the   dedicated limit your property insurance adjuster  is a league of Staff employee under shared limit   programs pgit will have claims Liaisons to assist  you and they have adjusters that represent the   reinsurance companies different approach both  work I would rather appeal to the league of cities   board on a claims issue they can go to mediation  with a reinsurance company but shared limit works   until numbers get big then they become challenged  and as it states in the policy when that limit is   hit of insurance reate the insurance company  PG's responsibility would end the fmit would   end at the if you choose option two at 35 million  because that's the limit that's being provided   or purchased specifically to you right I hope I  didn't go astray thank you Steven did you want to respond it's not to argue with staff  your proposal does ask for Alternatives   as pointed out by Miss thacker in  her presentation right after the   paragraph that said apples to Apple said  Alternatives we provided an alternative thanks this is fun right Insurance 101 yeah  well this is much deeper than 101 I 102 501   yeah and and generally we don't want to do  this right here right that's why we have   insurance committees and that's why we spend  time in meetings and that's why we go through   processes and some very smart people sat in a  room and made a recommendation but what I say   with this we are a shared limit program we are  transparent I do not represent the league of   cities I have competed with them for many years  uh 20 years to be exact I know them to be a   fine program uh there are some very smart people  within the Pidget trust that run the pidget trust   that use data analytics and wind modeling to  determine the limit that they buy for their   members and these sound bites are great in these  kind of processes what I always try to do as the   insurance nerd that I am is get my insurance  to to look at what has happened in the past   and then project that into the future the pidget  program has always bought a a sufficient limit   for their members and they look at it every year  they look at their spread of risk and they pay P   very close attention to their spread of risk and  we have not even come close to exceeding the limit   that they've purchased for their members for the  last 20 years what I would say to you about fmit   is that we have been handling the city of Ormond Beach now for 20 years and I I'm not going to say   how many times they've quoted but it's been very  few and it hasn't been recently and Commissioner   Tolland this is indicative of of how the market has  improved we are now seeing fmit show up in coastal   cities where they haven't typically been in our  area at least which is what I will speak to so   you're you're looking at Apples to Apples they're  both great programs with great great coverage I   would ask more questions about uh dedicated limits  because I don't quite understand that but I don't   represent them I don't rep I don't understand  how they can buy a limit they have Surplus Pidge   has Surplus I'm not sure what happens after the  Surplus but I know Pidge has performed incredibly   well not only for the city of Ormond Beach but for  its members and that's where I'm going to hang my   hat with that particular care and does pidget  tell what limits they buy or do you consider   that proprietary 330 million of win limit for the  members that's a shared forer it is shared yes   they're very transparent about that and honestly  that's the way you get the pricing and and the   terms and conditions that you get no different  than a large Commercial Business with billions   of dollars of total insured value buying 100  million or 250 million of coverage because they   can't buy $2 billion of property coverage here in  Florida so they buy a what we call a loss limit   that's the alternate program that you're looking  at with the 35 million that's buying less wind   coverage based on your specific risk and what we  think your risk is in a particular storm year pick   the number but that is something as I said before  that most insurance are forced into you don't have   to buy that unless it's really significant  savings why would you do that and take the risk Commissioner Tolland so yes I do have a question  for you Steve and for the ma for the mayor um   since we're talking about shared and dedicated  how does that affect the level of service when   an event does occur in in the county and you have  all these cities that how does does that affect   being a shared um group does that affect the level  of service we're talking about money but that's   also very important we want to be the preferred  well I would argue that you are for me anyway uh   I've been on the ground the minute of claim is  hit in City Ormond so and I'm I'm right there   you know uh so but no I mean each each company  has their own way of handling claims and again   that's something that I would say is I would ask  whoever's been handling the insurance if Christina   were here she could talk about the level of claims  handling that Pidget and their tpas have have given   to the city of Ormond Beach uh I can tell you I I  worry about that very much when a claim hits I'm   my boots are always on the ground but we have  made sure that pidge's boots have been on the   ground for you as far as shared versus a dedicated  limit I don't have an answer for that question   when a claim happens I'm going to have adjusters  out here and we're going to be working hard so I   don't know if colleague I no I I tend to agree the  shared versus dedicated doesn't matter the way it   it did matter and I I'll speak to this mostly  because I I signed the first contract with   the recovery company at the league at my last  board meeting while I was chairing so Synergy   recovery is actually integrated with the League's  adjusters they work on the same underwriting and   claims platform so the adjusters are on the ground  in real time and when you talk about right after   a storm one of the things we learned and I was on  the board in in 04 and 05 when we all got hit my   city got hit three times by the way the standing  joke is since I left they haven't been hit so   I don't know what that says um but part of the  biggest process we whole in the process is after   a storm your staff are all wearing five six seven  hats they've got to roll up numbers to the county   within 4872 hours we've got to do this we've got  to do that the hole in the donut seem to be who's   going to inspect our own properties how do we get  those done so rather than tell you what the league   does City of Fort Meyers after being hit and hit  badly with one of their department heads working   with Synergy staff boots on the ground within  the first 24 hours had surveyed every single city   property within 48 Hours done damage assessments  Real Time photos adjusters being assigned where   they were needed at at higher damage sites because  you can also agree one of our biggest challenges   that you get an adjuster to show up and he wants  to go to the building with minimal damage and   we've got to walk him over to the one that needs  all the work um that's where synergy's integration   with the program it's a third-party vendor but  it's a vendor who's taking the initial report   working in real time so when they take the photo  and upload it the adjuster is actually at his   desk able to look at it and say go in addition the  program includes $500,000 of mitigation coverage   we know that the claim will be less if there's  enough money to fund immediate recovery you   got to get stabilize you've got to get tarps  on buildings you've got to get things ripped   out that are wet and get dry this is outside of  deductible that is upfront money and the league   does it different the dedicated is more about risk  the league takes risk on the front in that makes   them adjust it but it means we got skin in the  game with the reinsurance company a shared limit   tends to work with the adjusters and get claims  paid it's just a different approach both work I   like boots on the ground but both work I've  worked with standard carriers for 35 years it works probably off protocol but if I  could ask Randy I would I would say   how has Pidget handled claims for the  city of Ormond Beach over the past many years um on that specific question we we have had  no problems with the service uh from pidet or from   Brown and Brown and um Steve and I have had some  pretty deep philosophical discussions on the need   for excess liability coverage right so you know  where I stand on that um but the the service   that we have had has been very good and um like I  said I I wasn't at the at the presentation at at   the meeting for the presentations but understand  that um you know both uh both entities are well   respected well qualified uh and I I would expect  that service either one of them would be would be   superb but in answer to Steve's question we've  had excellent service so thank you question for   Steve you made a comment that um the league hasn't  provided or hasn't been competitive in the past   but when's the last time that the City of Ormond put this out for bid it's been 20 years hasn't   it no no no no no I'll let purchasing answer  that question but we've been through many of   these bid processes in the time that I've been  here it four years maybe six years somewhere in there yeah you have to remember I've been here a  long time so uh we've been through many of these   processes and do we ever get more than just two  bids to I mean have we been very competitive I   mean this has always been our struggle we don't  get a lot of you know um action when we put bids   out so I'm just asking Kelly have we not in the  past gotten many bids okay so that we're clear   when we've put out bids in the past they have't  been bids they've been RFPs and they've been RFPs  generally I can't say in every case but generally  they've been RFPs for agent of record right so   you stay with the company but you just picking  an agent we're we're asking for RFPs for agent   of record and I would say in the time that I've  been here I don't recall getting any proposals   from from at least for the last 15 years from  any other agents of record other than brown and brown Commissioner Sargent I have a question on that though  because if one agent represents a certain carrier   and another agent represents a certain carrier  how are we getting the best this agent can't go   to this carrier this I mean that doesn't really  um benefit the residents of warming by doing it   that way I don't see it um because you're  not creating competition just my see that   it was a different process before it was a  different process fairness too um and you know   just in full disclosure I've been on I'm not now  currently but been on the league of the Florida   League of cities in for eight years um up until  August and then was on the executive committee   of the board for four years the last four years  we would get reports on the uh Insurance Trust   and I was always blown away by how well they  performed and particularly for cities I think   there's even a rebate that comes back to cities  uh on the premiums a portion to the valua league   of cities um and so I'm confident either  or can handle uh whatever the claims are   and that the one that works with cities  the most knows uh how to work with cities   best and I think that's what the mayor was was  alluding to but um so I'm honestly I'm comfortable   with either either proposal I I feel like maybe  going with the less expensive proposal might be   better uh it is only for a year so you know this  will be coming back to you in short order um Mr Mayor   if I'm reading this correctly um FRP is the lower  of the two by about $41,000 40 yeah about $40,000   that's that's how I read it yeah is that correct  Kelly did you get a copy of the information so I'm   not sure that we were provided I'm looking at I  think that's the last page 40 $41,000 down at the bottom yeah this is this is just  for a year and I you know I want   to spend taxpayers dollars wisely so  I'm inclined to go with the lower lower proposal that is the 2024 $35 million limit  correct correct you got the copy as well Joyce   thank you okay thank you if the if I may mayor  sure if if the Commission's going to go that   in that direction we need to get clarified I I  haven't had a chance to look at this particular   one but I'm assuming it's the same as their  original proposal that this doesn't include   probably flood coverage and it doesn't include  the other four coverages um that were part of   the memo so if you are going to go in this  direction we want to make sure that those get   included in the resolution because staff cannot  purchase those coverages without your approval   it's listed it is listed thank you listed okay Mr  Mayor I'll make that motion second Mo so moved and   seconded any other questions comments or  discussion Commissioner Persis wanted   to say something did you want to say something  your you just okay thank you and being mindful   this is for one year and and again both companies  are very well qualified but I you know this one's   just I say it's it's it's a little bit cheaper  and I think it's worth trying so your motion is   an amendment if I understand it correctly Deputy  Mayor and Randy's going to help you may sir   motion second solution for discussion purposes  once you get that on the motion to so second okay to am this resolution and so there's  a question there's a question about theing or determination on that  question since it was raised or   do you want to accept the staff rece that  after the as being compliant with requires of stat I don't it sounded to me that it was  that after it was submitted we were they   were in compliant they were compliant after  it was received yes and staff received it as   it customarily would um as part of the the  process I think the question that Foundation   Partners has made this that uh it was untimely  and therefore nonresponsive and therefore the   ground ground proposal should be rejected as not  meeting thect requirs of r will um that wasn't   the staff's interpretation of that if that's not  your interpretation of that then we don't need to   if it is your interpretation of that then we  should probably include a recital within the   resolution to that and I clean that up that's  why I'm asking the question on that right make   sense it does and Allen did you want to include  anything I would include that in there I think   because it was late staff may do business that way  I wouldn't recommend doing business that way and   uh so I would find that it was not in compliance  at the time that they were supposed to be supposed   to be submitted as one of the findings um and  then also the one two three fourth whereas uh   contract shall be made to the responsible offerer  whose proposal is determined in writing to be   the most advantageous to the city taking into  consideration price and evaluation factors set   forth in the request for proposal um I think  the commission has the option and ability to   disagree with staff's analysis of that um noting  that staff determined both companies to be uh   excellent and able to provide highquality  service uh it would be really just a DI   disagreement between the shared limit versus  name storm limit um that'd be one one of the findings and then you know looking at the  Florida League of City's ability to uh provide   for their own if you will um it's really  incredible the way that that the Florida   League of cities set up the municipal Insurance trust  in a way that that benefits all of Florida cities   um and particularly in the for the purchase of in  Insurance products um there's really I don't think   there's anything like it in the nation it's led  to the Florida League of cities being the premier   league in the entire nation uh they do things they  would blow your mind if you sat on that board and   listen to the presentations of the things that  they do to benefit Florida's cities uh including   the insurance but but other things beyond that  and um so you know I don't know that staff's   well aware of that I had a unique perspective on  that for for several years but what else do you   need what else do you need right now um if you  can maybe take a five minute bathroom break uh on   recess yeah we we can kind of get we can get  it cleaned up and then um I can suggest some   changes to you as part of the amendment and  then um um and then you can you can make a   motion and second the amendment and then we can  finalize this all right we're in recess for 10 minutes session and uh the City attorney has  brought a revised resolution to us and Randy   I'll I'll let you go through that yes sir thank  you very much apologize it took a little longer   than expected um so what we ended up doing is  just revising the resolution so what you have   before you is the revised resolution that  incorporates um um the um findings that   the commission discussed before the break  I'll go through kind of paraphrase for you   if you will um so we changed the caption so  that it reads that here here you go uh it's a   resolution accepting a proposal from Foundation  risk Partners public entity services for the   provision of property liability and Workers  Compensation Insurance for various lines of   insurance covered so on and so forth um the uh  warehouse recital on the first page I believe   are unchanged they were General findings on the  second page um we did make some modifications   consistent with the direction of the commission  um no change to the first Warehouse recital on   page two um or the second or the third the fourth  whereas incorporates um no no change to the fourth   one as well um the fifth whereas is the finding  by the commission finding the proposal proposal   submitted by Brown & Brown to be non-responsive  because the affidavit requirement section 287.1384   statutes was not timely provided therefore  the pro proposal submitted by Brown & Brown is   determined to be non-responsive hereby rejected um  the next whereas finds it's the commission finds   proposal submitted by Foundation res part Partners  as depicted on the premium summary attached in the   column headed 202435 mm limit to be the best  responsive proposal to the RFP and at the best   cost for the city so we took the um the one page  um uh from the um attached from from the material   that was provided at the de and it's that column  in the far right is is what we're incorporating um no change to the last warehouse recital on  that page over on the page three um no change   to section one section two includes a change it  now reads the city commission finds and accepts   a proposal of foundation risk Partners is depicted  on a premium summary attached here to in a column   headed 2024 35 mm limit to be the best responsive  proposal to the RP and at the best cost for the   city and authorizes execution of all documents  necessary to effectuate set insurance coverage   coverages for a one-year period beginning on  October 1 2024 and ending on September 30th 2025   uh there's no change to section three or section  4 uh and that is um in summary in substance   the revised resolution has been prepared for the  commission your direction so procedurally I think   um the way we can handle this is there's a motion  and a second on the floor for the resolution as   presented by uh the staff so if the maker of that  motion and the secondary of that motion want to   withdrawal the motion in a second that'll take  us back to square one and we can start all over   again okay Mr Mayor I withraw my motion okay second so  now we need a motion in a second to approve uh the   Susan do we need a a different number for this or  just um probably so right a different resolution   number yes whatever you suggest I I I think I  think we probably should okay okay um do you have   a number handy 161 161 so um we need a motion  a second to approve resolution 2024-161 so move   second any and then mayor I'll turn it back over  you and you can run the meeting thank you Randy   and uh Commissioner Sargent I know that there  was a handful of policies that were being taken   over assumed by the new agent is there anything  that needs to be done from the Das for those policies no those were included in the  in the resolution so I'll coordinate   that with okay I just want to make  sure that there was anything that   because we're on a time crunch with 101  coming so thank you any other questions   or comments I'll just say um honestly  how uncomfortable this whole process was   you're working with people who have been uh  customers of the city for years people who   have been uh colleagues and co-workers and have  worked for competing Industries and before I came   tonight I had no idea how I was going to vote and  I was you have a certain amount of dread when you   don't know um I landed where I landed based  on all the information presented tonight um   and I will say that I believe competition is good  I've always believed that so I hope that this is a   a healthy process going forward uh for continued  competition because I think our residents will   benefit from that and I would just note that both  companies are highly qualified highly successful   companies and uh don't want to lose that in in  the scheme of things Deputy Mayor Briley I may I   just say I was I was pleased and more comfortable  with the divine limit instead of the sh thank you   anyone else I just want to say I was I was very  uncomfortable too because I've known people on   both sides for for years and I kind of had a  sick feeling in my stomach really almost the   whole night so um I just I just want to put that  out there that I think both both agencies are   highly respected and um I just want to leave  it at that thank you very good and I believe   that Deputy Mayor Briley Commissioner Persis and  myself are the only three voting on this item if   there's no other questions or comments please call  the vote all right I will call all of the members   and then could those not voting you say abstain  yes Commissioner Sargent abstain Commissioner   Persis yes Commissioner Briley yes Commissioner  Tolland abstain and Mayor Partington yes thank   you all very much for being here and we will now  go to reports suggestions and requests starting   tonight with city manager Joyce Shanahan um we've  been here a long time Mr Mayor I'm happy to answer   any questions I do want to remind you that your  your October the first meeting in October has   been moved to Wednesday due to National Night Out  on Tuesday so your next meeting is 10-2-2024 and   if the commission has any questions of Staff  we're having to answer those any questions uh   commission for the city manager thank you uh  assistant city manager Claire Whitley thank you   Claire City attorney Randy Hayes nothing for me  thank you mayor thank you Randy and tonight we   start with Commissioner Sargent all right I'll be  brief it's already almost 11 o'clock this is the   longest meeting we've had um 911 uh the the event  that the firefighters put on which they put on   themselves it's not City staff doesn't help them  um they do it the walk up and down Marina Grande I   thought it was only once when I showed up and come  to find out they do it four and a half times uh   Commissioner Persis and I did it once up and down  we didn't take the elevator down um it was great   uh Crim Stoppers event was another uh great event  that we had this past week with Officer Marianne   Mele if I'm correct um melee thank you uh great  event to see all the officers that are nominated   for this great award just to hear everything that  they do the officer that uh won the award for   officer of the year I mean he was responding to a  gentleman that was getting ready to hang himself   and this officer pulled his vehicle underneath  the guy and then cut him down I mean it was just   just to hear him tell the story is heartbreaking  and glad that you know he was able to do it um and   I'll end with this Saturday Beach cleanup it's a  national Beach cleanup uh I will be there with my   boys Saturday the 21st Andy armont Park 8 to 11 if  anyone wants to attend and with that I'll say good   night thank you commissioner Commissioner Persis good evening everyone um I just wanted to uh say   thank you for mentioning that beach cleanup I've  done that beach cleanup uh Commissioner Sargent   I'm going to be out of town well I'm going to be  out of town so I'm not going to be able to make it   but I would normally be there so but I also wanted  to say I'm disappointed to say I'm not going to be   able to attend the ribbon cutting for the newly  renovated uh baseball field at NOVA community   complex I'm going to as I said be out of town but  I know that's really important we've been waiting   a long time to get that field back so it's very  very exciting and I just want to thank um uh Joyce   Shanahan hand I want to thank Shawn Finley for today  we met with some neighbors on Hidden Hills and   looks like we may be coming close to a resolution  for our pond down there and I just want to thank   you all so much for taking time with these people  they're great people and um and you just made   them so happy so I just I just really appreciate  that very very much and yes Comm U Commissioner   Sargent and I did go up one flight and down one  flight and when I got down to the bottom my legs   were shaking and I really thought I was in good  shape but I tell you what that is a that is a   tough thing to do and those firemen they they they  had all their equipment on I mean and not you know   I had no equipment on so uh but it was it really  made you think about what those men went through   that day and that didn't come that didn't come  home it was um very touching but I just can't   it was just a great experience so I just I think  they they did great job putting that on and then   we just swore in two new police officers in the  city of Ormond Beach and I don't remember their   names right now but we're very happy happy that  they're with us and it was a great celebration   and their families just seem so happy so um I just  um I think it was just a great time love seeing   our First Responders and police get get all the  attention they deserve and thank you everyone have   a good night and be safe thank you commissioner  Deputy Mayor Briley thank you Mr Mayor I won't U   uh be long I concur with Commissioner Sargent on  the Crime Stoppers uh dinner it was a very nice nice   event and congratulations to our officer officer  Mele for being uh being nominated um I also attended   with Commissioner Persis and Commissioner Tolland at the swearing in of our three new officers two   were there one was apparently absent um we want  to welcome them to our Ormond Beach family um it was   kind of nice to see Sean Daly and Doug Thomas here  this evening had kind of brought back memories of   the old planning board from about 20 25 years ago  uh when we all served together and uh you know I   uh it it was just it was just just need um I was  approached Again by a resident today in regards to   if there's any interest from the city commission  I just throw this out there I've already sent a   letter uh if there's any uh interest in sending a  letter on to the state as a commission regarding   the paving of the tomoka state park roadway so  I'm not interested only because it's been it's   it's state property there's not there's really  not much we can do about it so well and it's   12 years too too late I mean they started this  process 12 years ago and nobody could have found   out and maybe brought the the objection to the  appropriate governing entity at that time that's   that's one of the bigger problems that I have  with it I mean the contracts have been let I   think all the design work and and Engineering has  been done and so for us we never tell state parks   what to do even even ones that are only within our  city I don't believe we've ever had any planning   or other kind of authority over a state park well  again it was request by a resident so right I've   just passed a along yeah and I mean if we did we'd  be extremely busy every time a resident requested   something that 50 people wanted out of a city of  45,000 people we'd be chasing our Tails trying   to get those letters out fast enough and and to  what effect agreed I think this is this is one   of those that just kind of hits on with people so  understood understood thank you m it's up to you   I am not in favor of that it's not our  jurisdiction I just don't think that staff needs task on hand to write another letter  I just I don't see the validity in it and   I think the residents need to go to who can  make that decision it's already been made at   the state level and I just don't think we need  to sub letters for every single thing possible   thank you and Commissioner Tolland stated her  well thought out and actually re researched uh   opinion last last time that was the other thing I  I really don't have enough information to launch   the attack without having maybe a workshop or  something like that but it's already so far   down the road that the the only thing that could  could possibly be why we would want to do it is   to ask the state to consider more of a SE more of  a permeable permanent permeable product because   the the residents were complaining about flooding  but I don't know if there's any validity if you   put a road one and a half mile paved it's this  really going to affect the the flooding so I'm   okay with with letting it let the state handle it  and let the the folks deal with the state if it's   you know it it like you said mayor it started  a long time ago it's already been appropriated   it's already in the works and they did say  that they were going to have that historic um   oversight to protect the land so I'm okay with  it good deal anything else so my comment no I'm   good we'll go to Commissioner Tolland so I will not be  redundant and I know um that I am notorious for   talking a lot but I will I will be quick I want  to congratulate Evelyn on her meaningful career   and I wish her well on retirement I'm sure we all  do that and I also want to congratulate um Mr Leek and all the legislators here you know for serving  us well in our community um I did attend you all   didn't mention I'll mention the things we didn't  talk about I attended the volusia city elected   officials round table and um we heard some really  interesting updates from Advent hospital and from   Halifax from the Florida Department of Health and  SMA and I just want to say that you know we're   very blessed to have these organizations in our  in our community they all are doing a stellar job   addressing the needs of our residents um there  was also a discussion on how um on and off beach   parking will look and um that is starting October  1st anybody in the audience that wants to look   at it there is a Volusia beaches app and you can  register or you can register at Park volusia.org   um there will be a celebrate Volusia festival at  the Ocean Center on October 6th I think that's a   Sunday afternoon from 2: to 5:00 and I did go  to a Main Street meeting this Monday and um I   appreciate the fact that they're participating in  our comp plan update they're being very active in   in all the areas um and just as a FYI Riverfest  is coming up November 16th and 17th they are have   Main Street is having their annual meeting and  celebration October 21st at the Ormond Museum of   Arts and Gardens at the rooftop they had that last  year um they are going to be doing their public   art groundbreaking October 30th um at 10: a.m. at  the casements and they and that will be kicking   off their sculpture tour November to April 1st  um and I have two suggestions in whether if you   guys agree then maybe we can move this forward so  you know how a lot of residents have come forward   come forward discussing issues with code  enforcement and you know we we we've talked about   it a little bit but but not a lot so I'm wondering  if a a pretty easy way of at least letting the   residents know we care and maybe adding some  education to all of those that have moved into   our community new is just some social media news  blast of what's allowed what's not allowed like   boats aren't allowed in your driveway or did you  know you know so it's not like a specific person   we're pointing out it's kind of a generic thing  if you guys think that's a great idea maybe staff   can talk to Jen if you don't that's fine all  right can we do Target marketing no we can't   do Target marketing I'm good with that where's Jen  she's not here Jen oh um what do you think anybody   else have any other comments on that I want think  I want to think about I'll bring it up again and   then you guys can say what you really think you  you go through different neighborhoods and you   see different things yeah that's true you know  all right and the other brain storm idea I had   is I was driving today on um Granada and I was  thinking about your mulch Commissioner Sargent  that you absolutely hate and all the rain and how  it falls off right so just did this in my yard and   it was very easy to do and it's containing the  mulch is you use that very thin black trim that   doesn't stick up if you install it correctly  it's very indiscret keeps the mulch up in the   medians and it could be a good fix for now until  we take all the mulch out and put native plants   everywhere plastic on pie oh anyway it's just  a thought and you all can decide if you think   it's a good ideal or not but I'm trying to just  help you out and with all of that I will say good   night thank you commissioner and uh I'll try to  get us out of here by 11 I just wanted to say uh   as far as the budget goes the 2425 budget is built  around the needs and priorities of our residents   we all worked hard on that it ensures that Ormond Beach continues to be a safe and welcoming place   for families and businesses alike like uh a major  focus is on public safety with investments in the   design of a new police department an Emergency  Operations Center and the addition of nine new   police vehicles to keep our community protected  beyond that this budget also invest in areas   that directly impact your daily life improving our  Parks upgrading our technology to better serve you   and maintaining the highquality services that make  Ormond Beach such a great place to live as a city   were committed to using these funds responsibly to  enhance the Safety Services and overall quality of   life for everyone in our city and uh cities  suffer inflation just like individuals do so   Ormond Beach is no stranger to increase costs  we've held the line and held the line and held   the line on on taxes any kind of increases but  at some point uh you have to make adjustments   and I would point out even though this year is an  increase above the roll back rate the roll back   rate is a is a funky calculation and sometimes  the roll back rate can be a huge increase in   taxes but by state law it's not defined as one  in that particular situation so uh you know that   that's the one argument the other thing I would  point out and I'm using Jim Cameron's uh budget   report chart that Ormond Beach is  uh the lowest uh proposed rate   for 2425 at 4.09 of all of the other 16  municipalities and the county except for uh darn DeBary every year they bring in so much  revenue from that power plant well good Poli and   no police good for their residents um yeah that's  3.40 is their is their rate proposed and that's   up you know really adjusted for inflation from  2.77 last year or what would be considered the   roll back rate so I think our staff really does do  a phenomenal job trying to keep uh the taxpayers   dollars in mind and every decision that they do  make and I just want to point that out uh every   once in a while you do have to have adjustments  and there's continuing pressures associated with   all of the things that a city is is expected  to provide so um I'll leave it I'll leave the   budget at that uh congratulations to yall for for  getting that done and thank you to staff and all   their hard work and making sure it came together  this year uh the firefighters men and women who   walked on 911 Remembrance Day really incredible  uh 50 50 pounds worth of gear 60 pounds worth of gear   up and down 10 and some steps just mindboggling  and uh you God bless them for that and for what   they do every day really police and fire uh being  ready to serve at a moment's notice 20 247 365   and uh with that we are adjourned thank you All