##VIDEO ID:L6sIy21po_4## the August 20th 2024 regular Ormond Beach City 
Commission meeting to order it is exactly 700   p.m. on Tuesday August 20th election day 2024 we 
like to welcome everybody and thank you uh for   being here I hope you felt welcomed when you came 
in uh by our economic development director Brian   Rademacher and our city engineer Alex Schumann who 
served as our greeters tonight uh introductions   we always take a moment to introduce the folks who 
are sitting up in front of you to my right your   left we'll start with our recording secretary 
Taylor Lochert next is our city clerk Susan Dauderis Zone one commissioner Lori Tolland good 
evening everyone glad you're all here our zone   two commissioner Travis Sargent good evening and 
welcome to my left and your right are zone three   commissioner Susan Persis good evening ladies and 
gentlemen and welcome and then we have our Deputy   Mayor and zone four commissioner Harold Briley good 
evening everyone and welcome next is city manager   Joyce Shanahan assistant city manager Claire 
Whitley yes and then down in front also assistant   city manager Shawn Finley and then uh City attorney 
Randy Hayes way to to my left and way to your   right police chief Jesse Godfrey and fire chief 
Howard Bailey for those of you listening online   I'm Mayor Bill Partington if you would please 
silence your cell phones at this time and uh we   will have the invocation if you'll please rise for 
that given by Pastor Jamie Hartsgrove from Calvary   Christian Center invocation to be followed by the 
Pledge of Allegiance thank you for the opportunity   I want to first thank uh the mayor Commissioners 
city managers and leadership of the city first   responders on behalf of Calvary Christian Center um 
our staff and Pastors in the many great churches   in this community we are here for you uh we're 
are praying people our watchmen on the wall we   believe in the power of prayer and moves things 
we have your back um we're here for you anytime   you need us um I just want to let you guys 
know that so let's pray dear heavenly father we   come before you right now we just thank you so 
much for this great nation this great state and   this great City we come before you with with 
a heart of gratitude for the leadership in   our city the law enforcement the First Responders 
those who sacrifice every day for our freedom and   our safety we thank you for the leadership for 
their yes they didn't have to do this but they   gave you uh gave us and you their yes Lord to to 
rise up Lord God and to lead our city give them   Godly wisdom give them Godly support Lord God we 
just pray more than ever we need you to move in   the hearts of our people we plead the blood of 
Jesus over this city over this community we pray   a hedge of protection over every law enforcement 
officer every first responder every leader Lord   God we thank you for our great mayor and their 
leadership that he gives to our city we need you   more than ever and we need your protection and 
your safety we pray for the the protection and   safety of our schools over everyone that that 
calls Ormond Beach home and we just come come   into this room tonight and give Godly wisdom 
give wisdom to every word that's spoken every   stroke of the pen every note taken and give 
these leaders and and these commissioners   and all the mayor and all this leadership in this 
room wisdom tonight and everything that's spoken   Lord we just pray um for protection and wisdom on 
on their behalf Lord God and we just pray that we   have the greatest year in this community Lord God 
we pray for Unity and safety and we pray for your   will to be done not our will but your will to be 
done in this meeting and in our city in this great   nation in Jesus name we pray amen amen I pledge Allegiance
to the flag of the United States of America and to   the Republic for which it stands one nation under 
God indivisible with liberty and justice for all [Music]   all right this is the uh special 
time of the meeting where we get   to make some recognitions we have a lot 
of uh special people in our community uh   people who do incredible things and we 
take a moment to honor them at the uh   beginning of the meeting often times and 
so first off I'd ask Fred Heyne to come up you sure if you don't know Fred you're missing out 
he's an incredible individual and um recently   suffered loss Ormond Beach suffered a loss and that 
was his wife uh Captain Judy rice and so we did   a proclamation to honor her which Fred is here 
to receive uh uh and this is just a cliffnotes   version that I'm going to read to you if you uh go 
to the obituary online and read about the amazing   life that Judy had you'll just be blown away she 
really was an incredible woman uh and she found an   incredible husband in in Fred so let me read read 
through this whereas born on January 17th 1953 in   Columbus Ohio Judith Anne Rice affectionally 
known as Captain Judy exemplified a vibrant   spirit and determination that drove her to become 
a leading figure in aviation and education and   whereas Captain Judy broke barriers for women 
in aviation pioneering stem education science   technology engineering and Mathematics and serving 
as a role model for countless individuals through   Innovative teaching methods and her commitment 
to igniting curiosity and engagement in these   fields whereas her profound contributions to 
Ormond Beach include establishing think Global   flight in 2008 and founding a flight training 
enterprise at the Ormond Beach airport in 2020   enriching the community and advancing Aviation 
education locally whereas her impactful work   with the young Eagles program the National 
Coalition for Aviation and space education   and various Aerospace organizations demonstrated 
her dedication to inspiring and educating students   about STEM subjects and whereas the think Global 
flight project supported by notable figures such   as Dr Buzz Aldren and Dick Routan reached 
over 20,000 students globally highlighting   the importance of STEM education and inspiring 
many particularly young girls to pursue these   fields and whereas Captain Judy's Legacy is 
honored through numerous accolades including   the state of Minnesota Governor's certificate 
of commendation the VL Larson award and the   medal of Merit by the Air Force Association 
Along with a scholarship established in her   name at Epic Flight Academy her passing is deeply 
felt by her family friends students and loving   husband Fred now therefore I Bill Partington 
mayor of the city of Ormond Beach Florida do hereby   declare August 20th 2024 as a day to remember 
Captain Judy rice in the city of Ormond Beach and   urge all residents to honor her remarkable 
life and profound Legacy congratulations [Applause] [Applause]   let me just well hi everyone thanks for coming tonight 
okay you know um uh before I moved down here from   Jacksonville four years ago Judy and I knew each 
other for for years up there I worked on uh I was   chairman of the Aerospace Academy up there and 
I met Judy was our speaker at different events   that we would have and then uh then I decided to 
move I moved down here to Ormond Beach because of   some other issues I had and Judy and I started 
flying regularly you know with her beloved plane   Chuck I think I think that was a picture of up 
there but by the way that picture right up there   that's Judy and I on Christmas Eve I asked to 
marry me she said yes but anyway um I just want   to tell you a few more things about Judy the 
story of Judy rice starts with a little girl   observing a woman standing on the wing of an 
airplane Judy Judy uh covered what would look   like it wonder what it would look like to fly 
an airplane she asked her parents to help her   in that Quest and they told her that girls don't 
fly airplanes they said she needed to be a school   teacher and for many years she was a ESC teacher 
however the desire to fly continued to burn in her   while continuing to teach she also took flying 
lessons and eventually became a licensed pilot   as a pilot Judy flew to numerous countries and 
and also became a flight instructor um I know   many times we when we were traveling and things 
like that we always remembered where we came from   and I tell you this she was an amazing woman if 
you've had the opportunity to meet her consider   her real really nice because she was a great 
person I know there several other people right   here Gordon and his wife are here but uh 
it was it was just a fantastic time it'll   be uh three weeks this Friday night that 
Judy passed away and we were there with her this is hard for me but I know that I know 
that Judy's in a better place right now so and   I do appreciate all the all the care and loving 
that I've had here so Judy Judy actually wrote a   book and she finished this a couple weeks before 
she passed away and if you ever have a chance   it's on uh you mind me give it a little it's it's 
on Amazon okay put it and it's a wonderful book   it gives all the tells about all the things that 
happened in her life there she is that beautiful   girl up there that was Christmas and St Augustine 
okay thank you Bill thank you Fred yep thanks all [Applause] [Laughter]   all right and then continuing the 
theme of some amazing people in   our community I'd like to ask the 
Ormond Beach MainStreet crowd to come [Applause] forward all right Ormond Main Street has 
been doing some incredible work for the   past I don't know how many years uh 29 thank 
you it's really been uh an incredible amazing   addition to our community and they do so much 
and I'm not sure everybody realizes what they   do but I'm going to read a little bit about 
it right here and the recognition that they   received as a result of that where Ormond Beach 
Main Street has been named the Florida Main   Street program of the month for August 2024 
by Secretary of State Cord Bird recognizing   its contributions to revitalizing and enriching 
the Ormond Beach Community over the past 30 years   and whereas the program's efforts have led to 
over $17 million in Investments nearly 1,700   new jobs and 173 new businesses enhancing 
the historic district in organizing major   annual events and whereas Nancy Cortez a valued 
member of the Ormond Beach Main Street executive   board has been honored as the Florida Main Street 
volunteer of the year for her outstanding service   and Leadership over 15 years including her 
role as president from 2020 to 2023 whereas Nancy Nancy's Been instrumental in organizing 
major fundraising events like the taste band   Celtic Festival and Riverfest she established 
the volunteer program and currently leads its   efforts managing over 100 volunteers Nancy 
also participates in the tours offered by   the Ormond Beach historical society and whereas 
Taies Franka owner of art Spotlight has been   recognized with the business owner of the Year 
award for her passionate and Vibrant Community   spirit standing in for Taies tonight is Thomas 
Caffrey not an artist but an aspiring aspiring artist   that's right uh taes has profoundly enriched the 
community by serving on the Arts District board   painting the first downtown mural founding the 
Orman Beach art Walk and actively participating   in Main Street initiatives her unwavering support 
Creative Vision and commitment to mentoring local   artists has enhanced the quality of life in the 
district now therefore based on of that I Bill   Partington mayor of the city of Ormond Beach 
along with our entire commission do hereby   Proclaim August 20th 2024 as a day to recognize 
Ormond Beach Main Street and these two remarkable   individuals and urge all residents to celebrate 
their outstanding contributions to the community [Applause] congratulations just um yeah 
just piggy back on that thank you um this   is a community effort it's a volunteer-led 
organization um I am one of two staff members   and um everything that we do is possible um 
largely in part because of our uh relationship   with the city and city staff members that um we 
see all the time and make themselves accessible   and we just um we really value that so much 
and then also just just to um say everything   we do is built upon what those who did before 
us including um Mr Partington um senior Mr Bill   Partington senior who is a founding member 
of um the organization and so um you know   30 years is a long time and it's because of 
people like him that keep everything going so thanks he's one of my favorite board members 
and I mean ours too hundreds of volunteers   tens of thousands of people that come to visit 
Ormond Beach annually because of the events that   you put on that are so popular uh the jobs 
numbers speak for themselves the economic   impact so much that's so positive for Ormond 
Beach and anybody who's interested can can   get involved that's the incredible thing 
about the Main Street program so uh did   you want to add something okay good let's get 
let's grab a picture come on in Center us a have your all right congratulations [Music] All Right audience remarks I've got a few cards 
and we will start with Debbie Krook Forester Ormond strong thank good evening everyone um I'm Debbie 
Krook Forester Commander Ormond strong um we're   inviting you and our um great Community to join 
us September 11th at 8:00 a.m. for a ceremony   and walk in remembrance of the terrorist 
attack which took place on us soil in 2001   a wall of the over 2,000 victims will be present 
as well as a timeline of the tragic events which   begin at uh 7:59 if you can't participate in 
the walk please join us for the ceremony the   heartfelt ceremony um we will also have us 
flags and first responder flags will be   provided uh and we're including an honoring of all 
military veterans and First Responders and uh I   thank you for your time time please join us thank 
you Ormond strong out appreciate it next up is Rhett Summerlot good evening I'm Corporal Summerlot 
representing the bargaining unit members   of the police department through UPA local 6075 I 
would like to extend my gratitude to The Honorable   mayor the members of the city commission city 
manager Shanahan and her staff on December 1st   2023 our department experienced a profound loss 
with the passing of Corporal Mike Bakaysa despite   the somber circumstances chewy inspired us 
to address an oversight at our pension plan   which we were able to rectify with your support on 
behalf of UPA I express our sincere appreciation   for your unwavering commitment to enacting the 
recent changes to the police pension system your   dedication to the welfare and security of our 
officers and their families is deeply valued   and will have a lasting positive impact on our 
community the modifications to the pension plan   are a significant advancement in recognizing 
the service and sacrifices of our officers   this important adjustment not only improves the 
financial stability of our members and their   families but also reflects the value you place 
on their ongoing dedication to Public Safety   your collaborative approach and understanding 
of the unique challenges faced by our officers   have been crucial in reaching this Milestone 
we appreciate your willingness to engage in   constructive dialogue and your responsiveness 
to our concerns throughout this process we   look forward to continuing our partnership 
with the city commission to further advance   initiatives that benefit both our officers 
and the community we serve thank you once   again for your steadfast support and 
commitment to the men and women of the   Ormond Beach Police Department thank you 
thank you thank you next is Eva Connor McMullan mayor Partington and Commissioners I 
am Eva Connor McMullen I am the 2024 chairwoman   of the Ormond Beach Chamber of Commerce and I'm 
also  been a Ormond Beach resident for 46 years   on behalf of our board of directors and staff we 
wanted to thank you for your continued support of   the Ormond Beach Chamber we are fortunate to 
have such a wonderful relationship with you   all and the city staff your support of our local 
businesses is so important and your participation   at our events throughout the year is greatly 
appreciated your input is also so helpful when   planning our leadership programs will be launched 
in leadership Ormond Beach class 21 in the spring   of 2025 and we'll be launching class three of our 
youth leadership program in September as you know   this program was designed to empower the class 
participants to become future Community leaders we   look forward to educating our high school students 
about the many opportunities that or beach has to   offer additionally our Rob Ritter scholarship 
program is reaching High school seniors more   than ever um in may we awarded seven students 
with $1,500 scholarships and since the chamber   created this program back in 2015 we have awarded 
over $53,000 in scholarships to our seniors so we   are looking forward to our continued partnership 
for the upcoming year and under chairmanship of Mr   Eric Palasio with plan to prosper um again we 
thank you for your continued support thank you and then Connie Colby good evening Connie Colby one wait Robo 
Lane Ormond Beach um on Monday night I think you're   doing something about what's going to be happening 
starting for up to 2045 looking for ideas as to   what will be coming up I know a lot of you people 
were born here I was not I was not lucky enough to   be born here but we've been coming here since 1986 
maybe some of you weren't born yet um I'm trying   to think of in those days of the kids in New York 
were given winter breaks in February so everybody   left the state of New York and came down this way 
um after we were here about three years we decided   this is where we wanted to be but we couldn't come 
down here and live on welfare so we couldn't come   right away okay when you're thinking about what's 
going to happen in the future we have I won't be   here for sure but um I like to think that the kids 
who are coming after us will have an opportunity   to know what we had here and just thinking of 
this city I was trying to write down some notes   of what makes this a place for me to remember 
and it's like the old hotel which is gone now the bridge The Bridge City Hall the library the 
police department the beach the old hospital   um billies the Anderson building Main Street 
which we talked about um and I would like to   know that you're not going to throw out the baby 
with the bath water um so anyway thank you and   good luck on Monday night thank you Connie 
all right uh the minutes from the August 6th   20 24 regular City Commission meeting have been 
sent to the commission for review also posted   to the city's website any additions deletions 
or Corrections move approval second all those   in favor say I I oppose like sign and we'll 
show those passing unanimously uh the consent   agenda action uh proposed is stated for each 
item unless a commissioner removes an item uh   a single motion would approve all items does any 
commissioner wish to remove an item commissioner   like to pull items B C and G please Mr Mayor 
I move approval of the consent agenda oh oh   I'm sorry commission I would like to pull 
7N as a Nancy okay I move approval of the   consent agenda minus B CG and N second 
moved and seconded uh please call the vote to yes commissioner Sargent yes 
commissioner Persis yes commissioner Briley   yes mayor Partington yes 7B RESOLUTION NO. 2024-123:  A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ORMOND BEACH, FLORIDA AUTHORIZING THE ISSUANCE AND SALE OF THE CITY’S CAPITAL IMPROVEMENT REVENUE BOND, SERIES 2024 IN A PRINCIPAL AMOUNT OF NOT EXCEEDING $2,500,000 IN ORDER TO FINANCE CERTAIN CAPITAL IMPROVEMENTS; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION WITH THE ISSUANCE AND SALE OF THE SERIES 2024 BOND; AUTHORIZING A NEGOTIATED SALE OF SAID SERIES 2024 BOND TO WEBSTER BANK, NATIONAL ASSOCIATION; DELEGATING CERTAIN AUTHORITY TO THE MAYOR; PROVIDING FOR CERTAIN TERMS OF THE SERIES 2024 BOND; AUTHORIZING THE EXECUTION AND DELIVERY OF THE SERIES 2024 BOND, SUCH SERIES 2024 BOND TO BE A LIMITED OBLIGATION OF THE CITY PAYABLE FROM A COVENANT TO BUDGET AND APPROPRIATE FROM LEGALLY AVAILABLE NON-AD VALOREM REVENUES AS PLEDGED HEREIN; PROVIDING FOR THE RIGHTS AND SECURITIES OF THE OWNER OF THE SERIES 2024 BOND; AUTHORIZING THE MAYOR TO TAKE CERTAIN ACTIONS AND TO EXECUTE AND DELIVER CERTAIN DOCUMENTS; MAKING CERTAIN COVENANTS AND AGREEMENTS FOR THE BENEFIT OF THE PURCHASER OF THE SERIES 2024 BOND; APPOINTING THE CITY AS PAYING AGENT AND BOND REGISTRAR FOR SAID SERIES 2024 BOND; AND PROVIDING AN EFFECTIVE DATE. this is resolution number 2024-123 read by title 
only thank you and I do have one card uh Jennifer bright good evening I just have um a couple 
questions and well more concerns in this financial   climate I really don't feel the city should be 
taking out more bonds we have quite a few bonds   out already but one of my questions being you've 
stated not to exceed $2.5 million but even within   your documents you only plan on borrowing 2.3 
why is there such a large difference $200,000   the amount of your uh cap and your financed 
amount the interest rate at 4.29 is High For This   time this uh climate if we' had done this maybe 
when the markets were better and interest rates   were down it'd be a different story things 
are climbing we have prepayment penalties   on this loan most people with a financial 
aptitude don't look for pay uh pre loans   with prepayment penalties and that's usually a 
sign to stay away from them or maybe wait till   the climate and the finances get better to look 
at something else um as far as the uh different   things it really didn't go into what you plan on 
actually spending except that you want to replace   your Centrex system um I know most big telcoms 
that I retired from example they just went to   cell phones they did away with centrax they did away 
with phone systems they went to sales it's a lot   cheaper voice over IP um I think there's a lot 
of options until the finance climate gets a lot   better to spend our money on and put the city 
in a position to uh default thank you thank you absolutely let's uh next one first let me look 
real quick here believe that's the only card I   just need a motion in a second for discussion 
I move approval of resolution number 2024-123   second moved in seconded and commissioner 
Sargent thank you Mr Mayor and I did ask um   Kelly Maguire our finance director about this 
and if I if you don't mind if I can just read   her response for the record so the community 
can hear uh prior to issu issuing an RFP for   financing we consult with pfm who specializes 
in Municipal financing we discuss the various   options for financing is interest rates cost of 
issuance Etc before determining the best course   of action the bank loan bond model that we are 
using is the best method for these two borrowings   as a municipality we get a lower interest rate and 
have more we have some flexibility in negotiating   other terms combining the two find I asked if we 
could combine uh resolution uh I'm sorry B and   C so this is where this is going on the next 
item combining the two financing uh isn't an   option the structure of each is a bit different 
more importantly TD Bank has the low bid on the   water and the next one uh Bond and we negotiate a 
slightly reduction from their original proposal TD   Bank however wasn't interested in the technology 
uh financing for many banks the smaller issues uh   aren't worth their efforts as for the prepayment 
penalty on the technology issuance we can't it   can't be reduced just because of the size of 
it the financial institution has to obviously   recoup their funds this is a standard term 
on these smaller issues uh so the banks can   ensure they make their minimum profit and that 
that was directly from our finance director   Kelly McGuire so thank you any other uh comments 
or discussion commission city manager Shanahan   I just want I just wanted to clarify that we 
are going to a Voiceover IP system we have the   old regular uh AT&T Bell South kind of system so 
that's the whole idea behind the um phone system   thank thank you any other questions or comments 
please call the vote commissioner Sargent yes   commissioner Persis yes commissioner Briley yes 
commissioner Tolland yes mayor Partington yes   7 C RESOLUTION NO. 2024-124:  A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ORMOND BEACH, FLORIDA AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $13,000,000 IN PRINCIPAL AMOUNT OF ITS WATER AND SEWER REVENUE BOND, SERIES 2024, FOR THE PURPOSE OF FINANCING THE CONSTRUCTION AND ACQUISITION OF CERTAIN ADDITIONS, EXTENSIONS AND IMPROVEMENTS TO THE WATER AND SEWER SYSTEM OF THE CITY; DETERMINING CERTAIN DETAILS OF SAID BOND; PROVIDING FOR THE SECURITY OF SAID BOND; AWARDING THE SALE OF SAID BOND TO THE SUCCESSFUL PROPOSER FOR SAID BOND; APPOINTING A PAYING AGENT AND REGISTRAR FOR SAID BOND; AUTHORIZING THE PROPER OFFICIALS TO DO ALL THINGS DEEMED NECESSARY IN CONNECTION WITH THE ISSUANCE, SALE AND DELIVERY OF SAID BOND; AND PROVIDING AN EFFECTIVE DATE. is resolution number 2024-124 read by title 
only thank you and I do have one card Jennifer Bright thank you once again there are more bonds 
I don't think the city should suspending and um   this particular bond an example the original 
resolution dates back to 1988 they've been   adjusting and B getting more bonds to pay off 
existing bonds and and financing more money   and building uh based on the data within the 
agenda packet it appears that we still have   six outstanding Bonds on the water and 
um sewer package and they want to take   out another one um it appears roughly over 
about $27 million in existing bonds already   out um outstanding I don't think we should 
be borrowing more money until maybe we pay   off some of the bonds we already have thank 
you thank you commission um that was the only   card that I had this is 7C I move approval of 
resolution number 2024-124 second moved in second   any other discussion or I do have one question 
Mr Mayor questions commissioner Sargent thank   you Mr Mayor on the 6 million that we're 
borrowing for the State Road 40 water main   and forcemain is that going to be so we 
can provide water to the Future Avalon Park that's one of the projects that will be 
served by that it also is going to help with some   of the other projects that are out west including 
Hunter's Ridge um creating some some additional   looping of the water mains to um get out to those 
those Far West projects so will any of that money   be able to be recouped from either the developer 
or from the city of Daytona we we've done some   Proradic calculations that show what portion 
of of that that those utility Mains are will   be contributing or what what portion of Avalon the 
the Daytona Beach projects will be contributing to   this and so yes there should be a an opportunity 
to recoup that through some impact the type code   thank you that's all I have Mr Mayor thank you uh 
so we've had a motion and a second um I think it's   important to note Mr Mayor too that we're required 
to provide the water to those areas to Avalon Park   and Hunter Ridge but I glad to hear that we're 
going to get some of the money back on that so   thank perfect and I would just ask you know we 
have an award-winning finance department the city   fiscally runs in an amazing manner year after 
year after year if there wasn't a good reason   to use bonds I don't think we would be using them 
so Joyce or Kelly can you give a little background   on why you would use Bonds in a situation like 
this so using bonds for these larger projects   particularly Water and Sewer is is really standard 
operating procedure and the reason for that is   these three projects and all the projects that 
we have issued pass bonds for are projects that   are going to last 30 40 50 years right so it isn't 
fair if you will for the existing residents to pay   100% of the cost of that when they may move out at 
a certain period of time and someone else moves in   so these bonds basically structure over the course 
of the useful life of the asset and everyone pays   whether you're here now whether you move in 
in 10 years whether you move in in 15 years   years so it's pretty standard to do that thank 
you any other questions or comments commissioner   Sargent I just would like to say thank you 
to Kelly and and staff because y'all do do an   amazing job with the finance department so thank 
you thank you for answering the questions I have   good deal if there's nothing else uh please 
call the vote on 7c commissioner Persis yes   commissioner Briley yes commissioner Tolland yes 
commissioner Sargent yes mayor Partington yes   s uh 7g RESOLUTION NO. 2024-128:  A RESOLUTION ACCEPTING A PROPOSAL FROM BURGESS & NIPLE, INC. TO PERFORM A SAFETY STUDY ALONG THE NORTH HALIFAX DRIVE CORRIDOR; AUTHORIZING THE EXECUTION OF A WORK AUTHORIZATION THERETO; AND SETTING FORTH AN EFFECTIVE DATE. give a brief background and then we'll go to 
commissioner Sargent um North Halifax Drive is   one of the is probably one of the most frequently 
requested um corridors in our city for for for   looking at from a safety perspective uh We've 
identified it as as as such and we' like to take a   look at it um speed um four-way stop conditions no 
passing zones what we can do to make it safer and   what we can do to make sure that we're optimizing 
and utilizing that that that roadway as best as   we can if I if anybody has any questions thank you 
any questions for Shawn is this a County Road this   is this is not a County Road North Halifax has been a 
city street for probably at least two decades okay   what are we trying to achieve I'm just you know 
we're spending $46,000 on a study and I'm just   it's a lot of money for a study and I was trying 
to get back to where I was I do apologize and um   some of these items that are in this proposal I 
feel like our amazing staff could do our Police   Department could tell us um just having a tough 
time spending $45,000 of taxpayer money on items   I feel like we could probably do in house no I've 
put this slide up here this this this kind of give   some bullet points of what we're doing we're 
going to evaluate All The Pedestrian Crossings   one of the one of the big ones that we're going 
to take a look at is there's a crossing that   we've got a lot of requests from people at 
the Heritage getting getting over to public   um going to do speed studies at five intersections 
turning movement counts at the major intersections   four-way stop analysis uh no passing zone analysis 
for the entire Corridor um they're going to R   review the crash data um do a safety review 
the item is not covered above and develop some   feasible and appropriate solutions and and the 
reason why we're using a consultant here is and I   wish that we had staff you know enough staff to be 
able to do some of these things there's there's a   number of um surveys that need to be done there's 
a number of evaluations that need to be done in   order to make any any change we need to have a 
a full study to be able to back that back that   up to be able to meet the meet the requirements 
of the Federal Highway Administration man young   uniform traffic control devices um and show that 
we're doing that so you know I realize $46,000 may   seem like quite a bit of money but I I think that 
for what we're getting here we're getting a pretty   comprehensive look at this entire Corridor and 
you know I to to get a consultant to come in and   have a meeting with me is probably about $10,000 
these days so this know we're really reflecting   the the cost of of of bringing in qualified 
professionals we're bringing in Burgess & Nipel um   we've gotten to know them a little bit they're 
the they're the engineer records on the on the   um improvements that are occurring right now on 
eastn West Granada Boulevard they're a national   firm with a local presence um they've got a 
good feel for it we we've talked to them they   made some good recommendations and improvements 
for what we can do here through the downtown   really you know North Halifax is one of those 
roads again that we've gotten a lot of request   over the years from our residents and we really 
want to pay it the attention that maybe you know   I hate to say that maybe staff can't quite pay 
isn't isn't qualified to to to do that amount   so not that we don't have the qualified staff I 
really want to bring in some experts who can take   a look at it and bring some innovative ideas in 
to hopefully make it a better roadway commissioner   Tolland yeah I just want to just let the commission 
know that I have received multiple um requests for   an evaluation or for for speed controls for stop 
signs for anything on North Halifax due to safety   uh most recent one was just two weeks ago so I 
am in favor of the study I hate to spend money   needlessly as well but I do um think that this is 
very valuable to have and my only other question   and I don't even know if this is I don't see in 
the scope but would it include um a sidewalk study   as well for that area as as part of The Pedestrian 
safety or no one other the things they'll take   a look at pedestrian safety they may make some 
recommendations we're Limited in where we can do   sidewalks and I think that one of the big places 
we've heard sidewalks requested over the years is   that first couple blocks up to Oceanside and we're 
really constrained with the amount of rideway we   have there through Publix and through the post 
office it makes it very challenging to to make it   safe and and that's one of the reasons why we've 
had a hard time getting some of the people from   from the Heritage across and we encourage them to 
to use the the crosswalk there at at at at State   Road 40 um and hopefully with the improvements 
that they going on now some of those things   will be resolved but um you know safety safety 
pedestrian safety is certainly one of the one   of the big things we're keying in on thank you all 
right we'll go back to commissioner uh Sargent   and then we'll hit the left side thank you Mr 
Mayor and I will be voting no on this for um just   I I understand that we've had a lot of residents 
ask for for this but I go back to the basics of   um having officers writing tickets I you know I 
I think back when I was in high school you knew   that if you turn on John Anderson you did not do 
26 miles an hour because officer Champion was on   his motorcycle and he would write you a ticket he 
wrote his own mother a ticket I remember that from   20 some years ago to me that's more effective than 
putting in a speed bump I just think that we're   we're spending money on studies to do something 
when we really should go back to the basics of   writing a ticket informing the public and then 
maybe if that doesn't work then maybe we we go   to this route but right now um I'm just to 
no on this Mr Mayor just for those reasons I   understand there's a safety issue I know we lost 
a resident up in this area but until we have our   law enforcement writing the tickets and and going 
back to the basics I just I can't see spending   $45,000 thank you Mr Mayor thank you commissioner 
Persis and then Deputy Mayor Briley no I just I   don't know if I have a maybe you can answer this 
but I have you know a similar situation it's not   a long as long a road but on South St Andrews 
in my zone and there's been some you know many   many complaints about that through you know one 
particular individual so my concern is if we   approve this and what about those people are going 
to feel like they've been slighted too because   they didn't get you know a study so that's that 
is my concern I I am all for safety and the cost   doesn't bother me as much as the being equal 
to everybody so that's a concern that I have   to say that and that's one of the things that 
that that we're kind of hoping to to to to set   a little bit of President here is is is working 
through this very challenging Corridor that has   a lot of challenges that has a lot of different 
things that are are complicating points that are   obstacles that are hazards that we want to want to 
take a look at this um we want we'll take a look   at some other ones there's there there's there's 
other roadways that are easier to do South South   St Andrews is is is probably one of those um we're 
working to to get through a and and bring back an   improved traffic calming program to to to you for 
for your review and approval I think that's one   that we can review inhouse through that traffic 
calming program as I said I think that there's   a lot of complications with this North Halifax we 
want to get it right we want to we want to have a   good Corridor that a lot of people travel down it 
is a it is a major collector and so there's a lot   of there's a lot of vehicles that travel this one 
there's a lot of vehicles that use it as opposed   to coming down A1A as coming opposed to coming you 
know traveling north and south on John Anderson um   we we really want to respect the number of 
vehicles that use it as well as the number   of people that live on that corridor who have to 
interact with those vehicles and so I think that's   why we're recommending doing this this study to 
to try and you know get it right and make sure   that we have a good corridor for everybody who 
uses it and those who live there Deputy Mayor Briley   thank you Mr Mayor um this kind of hits close 
home with me because this is kind of my will   is what I did for 20 years for Volusia County and uh 
commissioner Sargent it helps you out at all um   the city of Ormond Beach as far as I know does not 
have the staff capable and not to take anything   away from our staff but they don't have the 
expertise in the type of studies you're looking   for for this type of traffic study you want 
something that's going to be signed and sealed   by a traffic engineer um if you can put up the 
the previous slide that shows the different types   of studies I mean um we don't do four-way stop 
analysis in the city we don't do turn movement   counts as far as I know speed studies we don't do 
um a lot of Crash data review a lot of that stuff   done by the county um Daytona Beach as I say is 
the only one I know of that has a full traffic   engineering uh as far as City and Volusia county 
has the only traffic engineering uh staff in Volusia   County so and and commissioner Persis I I I fully 
appreciate what you're saying this is a little bit   different because as Shawn says this is this is 
a major collector Road in the city City where   South St Andrews is a local Road Local street so 
it's a little bit different classification but   this is something you really want to have traffic 
engineering experts come in review the data use   the manual of uniform traffic control devices 
the it manual um this is just one of those that   you really want to you know $45,000 is a lot of 
money but you want to make sure it's done right   and again it's something that's got to be signed 
and sealed by a traffic engineer the last thing   we need to be doing is putting up you know to 
to start doing four-way stops and that type of   thing um I've never been in favor of political 
stop signs because they don't hold up in court   you need a traffic engineer to sign sign and seal 
those things and recommend their placement so for   that reason I I don't have any uh uh difficulty 
with this one thank you thank you and commissioner   Sargent I agree with all y'all I think that you 
do hire qualified people to do these things but   I think you do that after you do speed traps or 
after you do law enforcement I think we're jumping   the gun here we're going straight to a study let's 
go spend money and have someone else do something   we have great Law Enforcement Officers they could 
go out and run tickets let's do that for a couple   months let's see where the problem is then let's 
build the study based on that information not have   a consultant tell us what our problems are I'm 
just I'm still a no on this and I understand and   I respect all of y'all but I just think we're 
jumping the gun here by going to a study when   we should just go back to the basics thank you 
Mr Mayor thank you and uh I'm a yes primarily   good arguments on all sides but primarily the 
description a couple months ago from the woman   who heard the thud of the Ormond Beach resident's 
body getting hit on that road haunts me uh you   can go back and listen to it I don't like that for 
anybody in our city as a mayor you never want that   to happen if you can prevent it and so if a few 
dollars spent here can prevent that from happening   there in the future or any other collector Road 
maybe we learn things with this study that we can   use on other collector roads that that are Ormond 
beaches that's the bad part is this is all Ormond   Beach we don't have the county or the state to 
look to to help with this and these projects are   expensive um there's just no way no way around 
that so I will be supporting this tonight yeah I   would imagine that the police department probably 
has a list of how many citations on that road   you know recently that might help as well just 
add to that um one of the one one of the things   that that traffic company will do is they will they 
will take those collected um traffic citations   um they'll use to state crash database and look 
at those and try and not just um aggregate of the   entire corridor but try and pinpoint those issues 
that there there are some of the the some of the   higher issues that where people are more prone 
to to speed where people have had more accidents   where they have had more citations and so um for 
good bad and other it may show us that there that   there are places that people perceive a speed 
speeding issue and then there's not but I think   that at the end of the day we're going to come 
across as as as having a pretty good guide book   of what we can do to make North Halifax a safe 
road for everybody I don't mind making a motion if   you'd like did we have a motion or were we still 
in discussion forgive me all Susan no motion all   right just need a motion I would like to move that 
we accept resolution number 2024-128 second moved   and seconded any other discussion please call the 
vote commissioner Briley yes commissioner Tolland   yes commissioner Sargent no commissioner Persis 
yes mayor Partington yes uh 7 n disposition item   titled Intent to Bid - Cassen Park Redesign thank you 
and commissioner Tolland that was quick um and I   pulled this for um for the reason of a comment 
and some questions and um first I just want to   um applaud Zev Cohen for a beautiful design 
of Cassen Park um the design embodies the given   Direction uh that that the commission gave and 
that was to coordinate and this this is just a   little background so I can ask the questions um 
and those directions was to coordinate with City   Hall to include saltwater tolerant um plants that 
survive flooding um include the Maol Palm which   is the our city palm tree to match our Ormond Beach 
look and also to provide an aesthetically pleasing   iconic location um the commission later asked 
Zev Cohen to to increase the percentage of native   plants as to showcase Cassen Park as a jewel of 
natives in public places and that came after they   had their Direction um and the intent at that 
point was to use a higher percentage of native   native plant material in design providing habitat 
for our birds and critters thus providing more   resiliency and sustainability um after looking at 
the landscaping design I had a few questions so I   was wondering if it would be okay if Dwight Durant 
comes up to if you all would be okay with that okay good evening Dwight Durant Zev Cohen 
Associates thanks a lot for coming to the   meeting tonight so um I I I have evaluated and I 
also um had some input from from other residents   much smarter than me on some plant material that 
may um and plant selections that were in that   design that may be a better choice using the right 
plant right location um and also um wondering if   that would be a problem without delaying the 
Cassen Park moving forward um and then I have   a couple more questions sure the simple answer is 
yes until we build it we always have the ability   to change it okay all right and also part of that 
discussion would be consider considering maybe a   pollinator planning area that attracts butterflies 
bees Etc um and I just want to make sure that any   of this doesn't um delay the process right for 
for the record uh Marquis Vladamore is the landscape   architect of record I've discussed this with 
Jeremy Marqis uh prior to the meeting uh the   purpose of the agenda item now is get the project 
out the bid just for a little background we're   doing things a little bit different here because 
we want to accelerate the process and once it goes   out to bid uh it takes about four four months to 
to select a contractor get them under contract and   we can do that when we make any uh any adjustments 
I I was kind of kidding earlier I've never walked   out of here with a project that we haven't made 
tweaks on it a later point in time so that's kind   of a long answer of sure uh we'll be happy to do 
that we've got a pallet of plants and materials uh   there will be some adjustments to it uh the cost 
may change it may change in the downward position   but uh as long as we get what the commission 
and the residents want at the end of the day   right we can change the ink on the paper all the 
way up to the point where we build it all right   thank you with no delay yeah thank you so the 
reason I was just bringing this up is you know   we want to save our residents money and if we 
know um ahead of time that a certain plant may   not last longer than a year it's not a pop plant 
it's one that's supposed to live um because it   might be planted you know too close to the water 
or whatever um I just was hoping that we could try   to save residents any cost in the future but also 
you know make it as perfect as possible um I have   to say I this this is beyond my dreams of what I 
was thinking was going to happen with Cassen Park   I was um as a showcase you know to to show what 
native plants can look like in a public place it's   it's will be really amazing and um I'm just you 
know I'm proud of this I'm I'm proud that we're   moving in this direction it is the trend across 
the whole United States and I think Ormond Beach   is is at the Forefront of this trend so thank 
you appreciate it thank you commissioner Sargent   thank you Mr Mayor I just would like to uh thank 
Zev Cohen as well this is an awesome project   my only ask is that we can strive to get this 
completed before July 4th of 2025 so that we can   have Fourth of July celebration in our new park 
especially for Mr Ike Leary thank you anyone else   uh seven in just need a motion and a second move 
second please call the vote commissioner Tolland yes   commissioner Sargent yes commissioner Persis yes 
commissioner Briley yes mayor Partington yes any   Commissioners wish to comment on any of the other 
consent agenda items at this time commissioner   Sargent like to comment on items E and F just 
that exciting things happen out at the airport   with some remarking of the uh pavement and um just 
some safety issues that I know some Pilots have   had out there and I just think this is exciting 
that we're getting grant money and moving forward   with some some good projects out of the airport 
thank you thank you anyone else all right we'll   move on to public hearings I'll open the public 
hearings and we will start with 8A ordinance   ORDINANCE NO. 2024-22: AN ORDINANCE AMENDING CHAPTER 2, DISTRICT AND GENERAL REGULATIONS, ARTICLE VI, OVERLAY DISTRICTS, SECTION 2-71, HISTORIC DISTRICTS AND LANDMARKS, OF THE CITY OF ORMOND BEACH LAND DEVELOPMENT CODE BY ADDING THE PROPERTY AT 78 EAST GRANADA BOULEVARD, THE GARDENS AT THE ORMOND MEMORIAL ART MUSEUM, TO THE HISTORIC LANDMARKS LIST; REPEALING ALL INCONSISTENT ORDINANCES OR PARTS THEREOF; PROVIDING FOR SEVERABILITY; AND SETTING FORTH AN EFFECTIVE DATE.  second reading of ordinance number 2024-22 read 
by title only thank you Susan I do not have any   cards this is a second reading second moved 
and seconded did you get that yes perfect all   right any other discussion please call the vote 
commissioner Sargent yes commissioner Persis yes   commissioner Briley yes commissioner Tolland 
yes mayor Partington yes 8 B ordinance number   ORDINANCE NO. 2024-23: AN ORDINANCE GRANTING THE PETITION OF ORMOND CROSSING WEST, LLC, FOR ESTABLISHMENT OF A COMMUNITY DEVELOPMENT DISTRICT PURSUANT TO CHAPTER 190, FLORIDA STATUTES; CREATING AND ESTABLISHING THE ORMOND CROSSINGS WEST COMMUNITY DEVELOPMENT DISTRICT; PROVIDING FOR NAME, POWERS, AND DUTIES; PROVIDING DESCRIPTION AND BOUNDARIES; PROVIDING INITIAL MEMBERS OF BOARD OF SUPERVISORS; PROVIDING SEVERABILITY; AND SETTING FORTH AN EFFECTIVE DATE.  number 2024-23 read by title only thank you I I 
do have a card from the applicant if needed uh   but otherwise appr approval o second perfect any 
other discussion please call the vote commissioner   Persis yes commissioner Briley yes commissioner 
Tolland yes commissioner Sargent yes mayor   Partington yes and Mike thank you for being here 
just in case yep eight C ORDINANCE NO. 2024-24: AN ORDINANCE AUTHORIZING THE EXECUTION AND ISSUANCE OF THE SECOND AMENDED DEVELOPMENT ORDER FOR A PLANNED RESIDENTIAL DEVELOPMENT KNOWN AS “PLANTATION OAKS”; AUTHORIZING AN AMENDMENT TO THE NEIGHBORHOOD COMMERCIAL LIST OF USES TO ALLOW WAREHOUSE, INDOOR MINI-RENTAL AS A PERMITTED USE UNDER CERTAIN CONDITIONS; AUTHORIZING A SITE DEVELOPMENT PLAN FOR THE NEIGHBORHOOD COMMERCIAL PARCEL LOCATED AT 1730 PLANTATION OAKS BOULEVARD; AND SETTING FORTH AN EFFECTIVE DATE. setting forth an effective date this is the first 
reading of ordinance number 2024-24 read by title   only thank you and I'll ask our planning 
director Steven Spraker to speak on this good evening Steven Spraker playing director this is 
a request for a plan development Amendment um this   parcel was part of the overall Plantation Oaks 
project approved in Volusia County once annexed   into Ormond Beach the city took the County's 
approval there is a neighborhood commercial   uh piece along plantation oak Boulvard which is 
located right here on the screen this would be   the entance to the Fountain View Phase 1 a the 
amenity Center would be located right behind the   neighborhood commercial when the applicant did 
the site plans um there's already a variety of   uses allowed commercial um offices restaurants 
they had issues with the parking calculation and   the amount of parking they could provide one 
of the options that they came up was to do uh   the warehouse indoor man rental only on the second 
floor so they could still make use of that second   floor and still meet the parking calculations this 
was the site plan that was included in in your   packet this is the building of about 25,000 ft the 
parking behind it Landscaping in front and this is   the entrance the amending Center again is behind 
it the planning board reviewed the amendment and   recommended approval with the certain conditions 
the applicant is here to address the commission   if there are any questions thank you Steven 
and I do have a card from the applicant Parker   Minchenberg if anybody has any questions move approval 
second any other discussion please call the vote   commissioner Briley to the restroom the bathroom 
commissioner Tolland yes commissioner Sargent yes   commissioner Persis yes mayor Partington yes thank 
you and we are on 8D RESOLUTION NO. 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. date this is resolution number 2024-133 read 
by title only thank you and I'll ask planning   director Steven to speak on this item good 
evening Steven Spraker this is a request for   a special exception at Lowe's out Outdoor Center 
property is located at 1340 West Granada Boulevard   as shown on the map it has a commercial zoning 
basically where the store and the parking is and   special environmental where they have uh tree 
preservation and their storm water system in   2012 there was a site plan that was approved that 
allowed certain outdoor storage um under our Land   Development code you allowed to do outdoor storage 
provided that you get public hearing approval that   public hearing approval was very specific in the 
location shown in the hatches here in the um red   rectangles of where the outdoor activity was 
allowed um earlier this year they were found in   violation by the special magistrate as exceeding 
what was allowed under the 2012 or resolution so   their solution was to expand and to alter the 
approved location of their outdoor storage this   would be the front of the store located here 
on the screen they would maintain the outdoor   activity that the basically sale of plants and 
materials along front they're also seeking um   to allow outdoor storage to the side the project 
was developed into Volusia County and it has an   excess of parking so the parking calculations that 
required in the county far exceed what's allowed   in the city from a parking perspective there is 
no issue with them using these parking spaces one   of the key issues through the special magistrate 
was where the outdoor storage was occurring they   had Place sheds in front of the store so one 
of the things that the applicant proposed was   an 8T 8' 6t High screening uh fence wall here so 
that would screen all the equipment the planning   board recommended that as one of the conditions 
of approval that the the no material would be   higher than the screen so the applicant's 
proposing to maintain the the storage along   the front and then to allow the seasonal display 
of their Mulch and other Garden sheds on the side   this is um a picture of the existing uh outdoor 
storage this is the garden center the fence um   would match the garden center and be um opaque 
so you could not see through it here's another um   angle again the front storage this would be where 
the the fence goes and no outdoor storage would   be allowed in front of that the planing board um 
did recommend approval with the conditions that   are in your staff report the approval was 
5 to1 and the applicant is here to address   the commissioner if there any questions thank you 
Steven any questions commission for either Steven   or the applicant Deputy Mayor Briley yeah M thank 
you Mr Mayor I'm just a couple observations one   um I was on the planning board when we approved 
the outdoor storage at Lowe's and um also came   to the planning board meeting when this was 
being discussed and um I had noticed probably   about three or four months after we approved 
that of the outdoor storage violations if you   will that were occurring at Lowe's um I didn't 
say anything I thought maybe they'd kind of be   corrected on their own um subsequent trips they 
would be taken care of some of the stuff would   be inside the lines I don't know if you know 
someone was called or what happened uh during   the the planning board meeting I did hear that 
there were over the years have been changes in   the management of the staff at Lowe's and I just 
don't think you know when when whenever you're   whenever you're given something like this from 
the city um I don't really buy that as an excuse I   think that's one of the first things you tell your 
new manager is Hey listen we have outdoor storage   out here and it's important you stay within the 
lines because if we violate this it can be taken   away um it seems to me and I'm not sure with the 
way the sheds have been out there for years and I   don't ever recall us approving anything like 
that for the outdoor display of the sheds um   I'm glad to hear that they have plenty of parking 
spaces in their parking lot that they exceed what   the city would require as far as the amount of 
parking my thought is you know maybe it's time   they expand the building and enclose the garden 
center and put some of the stuff in there and   fence off the rest of the parking lot make that 
make that the garden center I don't know I just   you know and then put your sheds out there I just 
think um you know for far too long Lowe's has kind   of abused their outdoor storage um permits that 
we've allowed them to have and um I don't think   you know whatever we do tonight they can have 
their storage but as far as I'm concerned nothing   should be seen from the street not the plants not 
the lawnmowers not the grills nothing thank you   thank you Deputy Mayor commissioner Sargent and 
then we'll go commissioner Persis thank you Mr   Mayor what is on the back side of this property um 
they environmental um preservation and storm water   so this is um this is a self storage facility 
located here and this is U special environmental   so there's Green Space there's storm water and 
then Chelsea Place is located right on the other   side of the special environmental can Chelsea 
Place see this at all from me from the backside   no um that that area is is pretty heavily wooded 
it um not to my knowledge so I I'm kind of with   uh Deputy Mayor Briley on this you know I've had 
several complaints over the years of the sheds   being out by a Granada the median not being taken 
care of cigarette butts everywhere um what is the   process for a violation if they fix it they don't 
have to go before a special magistrate right so   they chose not to fix it and come before a special 
magistrate so the the notice of violation the way   the current ordinance or resolution is established 
if there's two violations in front of the special   magistrate they lose the outdoor storage so when 
they got the first violation they sought to have   enough time to go through an amendment process 
so if the commission denies it it would go back   to the 2012 development order and they wouldn't 
be allowed storage on the side and then if they   violate that twice as proven through the special 
magistrate they would lose the outdoor stores   completely sure and and like Deputy Briley said you 
know this excuse of change of management I mean   this is a Fortune 500 company I think they should 
have better protocols than coming to the city   and saying using that as an excuse um I I I I'm 
leaning more towards you Deputy um mayor Briley on   if we approve this tonight everything needs to be 
behind that fence I don't want to see anything out   front lawnmowers grills anything everything needs 
to be hidden from the from Granada um that's all   I have for now Mr Mayor thank you commissioner 
Persis and then commissioner Tolland yeah I um I   drive by there all the time this is right near my 
house and I just think it makes Ormond Beach look   terrible with all that stuff out in front and I I 
think I'm I'm a no vote on this I think there's so   much room in that store that they need to either 
rearrange it or add on to it so I agree with you   U Deputy Mayor I just don't like how it looks I 
think it makes our city look look poor thank you   thank you commissioner to I guess I'm pigging 
back on most everybody's thought my my initial   thought and was I I was at the planning board when 
they did vote for it and and they said you know a   six or eight foot fence nothing to go above but I 
don't know how these these um where did they call   sheds sheds thank you I'm sorry my words are not 
there um you know they there's no way they can   hide behind a 8ft fence and when I went out there 
I was like why can't that taller black fence that   they use for the garden center just be extended 
around the front and I did talk to Mr posie about   that as well and and then you could have a lower 
fence maybe on the sides with Landscaping if it   doesn't show anywhere else so I just think a 
I agree and I do think it needs that the front   needs to be cleaned up as well I feel like I'm 
at a flea market when I go to lowes and I go to   lowes probably every day so good deal well didn't 
the motion that came to us from the planning board   included everything being behind a screen yes sir 
there was a series of conditions and that was one   of them and that was included in this ordinance 
yes sir okay and applicant is here to address the   commissional thank you all right Mr posie you're 
up appreciate it thank you good evening Joey posie   420 South no attorney for the applicant and um I 
I just want to start maybe giving a little of the   how we got here um you know part of um I think 
that's important to understand is that Lowe's is   really trying to be receptive and do the right 
thing once it came to light you know it wasn't   something that we instantly said well magistrate 
make your decision and then we'll you know you   know whatever we'll live with the consequences 
we we were trying to be very active from the   get-go on the low side of this to really addressed 
the concern which I I they acknowledge they were   willing to stipulate at the the co-compliance 
hearing so uh I think that's a little bit of a   unique situation here that that stipulation you 
they they've said we said we're in violation so   that's your one strike you do it again you lose 
your approval um you know that's one thing that I   think is a little bit of a distinction here when 
uh you know it just shows really the commitment   that they want to do the right thing and and 
again they I know it's it's it's not intended   to be an excuse there there's always of the guard 
with these folks but the current guard wants to   make it right and I recognize I I'd hear from 
the Commissioners that the frontage is really   what the key to this is It's the visual impact uh 
and you know part of what we have here with the   engineer um is we've been looking at the frontage 
Landscaping we want to bring that back up we want   to make sure it looks you know you have that curb 
appeal that was expected from Granada you we're   also even willing to do the the fencing along 
the frontage there for the garden center and and   I I recognize commissioner Tollands concern about 
the height you know our our we're really focused   on trying to make sure that you can't see over it 
that was the discussion at the hearing and if the   if for instance those sheds are slightly higher 
than that 10 foot the 8ft well you got to go to   10 ft you know that's that's the goal here so if 
that accomplishes the goal you know L is looking   to work with you the the 8 foot is really what 
we believe that's going to accomplish it but I   understand if uh you know those those objects 
are that high that that fence has got to be   that high because that's the goal here put it 
behind the fence we're not looking to put it in   front of the fence um you know as to the frontage 
uh of the building and functionally it will be the   same as it currently uh was approved under the 
2012 plan um the only difference actually is I   think we've removed some of it outside of the 
the fire lane that originally had an approval   and we're expanding what was the uh the plantings 
that the rows of plantings for folks to peruse   and and really just uh you know have easy access 
to them so uh we are listening and you know if   again if it feels like that there needs to be 
some tweaking and some direction here then as   long as we have uh a little bit of leave that it 
may take us a hearing we're happy to look into and   try to address those concerns Mr Mayor Deputy 
Mayor BR and again Mr Mr posie and mru I mean   y'all are absolute professionals the management 
of the store has nothing should not reflect on   y'all okay and my comments are not directed I 
take the bullets for them there you go um but   I guess you know my my my point would be you know 
I know they need you know at night they take the   Moors and they take the grills in because first 
of all they don't want them outside where they   can be stolen and they probably want to get them 
out of the weather too exactly uh because you know   we know that weathers and you know the rain and 
lawnmowers don't really get along well so but I'm   I'm thinking you know yall are probably going 
to want to at some point expand this building   to to keep that stuff inside because again I you 
know you can put it behind the fence but again my   preference is at this point nothing outside the 
fence no sheds no lawnmowers no plants no grills   no anything I mean everything needs to be behind 
an 8ft fence where nothing can be seen storage   sheds nothing can be seen from Granada okay and 
I appreciate it commissioner and and you know but   I think the hesitation I have is you know Lowe's 
Home Depot uh you know you take your pick when it   comes to these Ace Hardware would even you can 
argue does the same thing that there there's a   little bit of just a norm to coming to these type 
of stores and having that storage out front and   if the goal is to accomplish the visual impact 
understandably that maybe there's another more   creative way that we can do that if we're looking 
at the the the Landscaping from Granada if we're   looking at this maybe from a uh you know from 
the entrance and also that visual triangle we're   talking about uh those are the things that I think 
that with some time here and working towards that   uh you know we can get some engineer to look you 
know really dive into this and try to accomplish   what the what the goal is I think my part of 
my frustration is had had it not gone on for   so long you know then then maybe the plants 
and everything would have been okay out front   but at this point I just rather see everything 
behind behind a fence understood commissioner   Persis yeah I I I was just going to say that 
I mean how long would it take if you could   get everything inside and not and have everything 
you know in and nothing on the side no sheds none   of that how long would that take you to do that 
goodness I I I wish I knew that off hand I imagine   I don't mean to put you on the and we you know we 
know Lowe's is a good we all love Lowe's I mean   everybody loves Lowe's and we love this Dracula 
family and we love that but I have I do have many   complaints from residents that they feel like 
it doesn't it just it's making our city look   bad with all this stuff out there so that's the 
concern and I just want to know how could I tell   residents like how long would it take to maybe 
make this look more appealing as you drive by um   well and and that's the hard part to do a little 
bit on the Fly here but uh you know I do recognize   the which are where you're coming from and maybe 
how we can accomplish it is some of moving some   of those pieces inside the store and I I really 
would have to get some Lowe's feedback on this on   the logistics of you know I've never been to a 
Lowe's that probably doesn't have something out   front of it so I I don't know what a store that 
doesn't have objects out front of it looks like   uh but um but again if if it also like you said 
that residential complaints of how it looks you   know how you know how it feels that maybe there's 
ways that in their experience that they've seen   some success with that if we have the time to 
go look at this that we can accomplish maybe   a better you know a more uh I guess goal oriented 
plan that uh which you know again I was hoping we   were accomplishing at the planning board but 
we are listening you know I I I do feel feel   that you are I just um I'm just not sure like 
how how we can just let the residents know that   that you know this is going to be this is going 
to be taken care of for sure because we we want   loads I it's not like we don't want the store 
there but it's just so visible I mean it's just   right there everybody sees it you every goes yay 
there's lowes but then you just see all this stuff   out there commissioner Tolland your other obstacle and 
I haven't heard you mention it is the Christmas   trees in the middle of the parking lot there's 
always been a big uh at least last year big area   walled off with Christmas trees and then they 
have that solar sign and the middle and all   that um you know can that be hidden back there 
or maybe they wouldn't do the Christmas trees   and all so I think you have a lot more challenges 
than just us trying to cover it up with the fence   and my recommendation would be to come back to 
us with a better plan um can I say something on   that because I agree with what you're saying but 
I do think and to their I think they could get   a special permit a special outdoor permit for the 
Christmas trees or for pumpkins or something like   that seasonal you know a short-term you know 
outdoor per outdoor permit like and I'm not   opposed but I I know that it is a yeah you know 
you don't want a permanent seasonal display no   right no no no no and that's and and just to speak 
to that detail that's how it's handled currently   and maybe some maybe some fleshing out of that 
detail would help as part of this in the overall plan so uh commission and Randy you may have 
to help out here do we want to continue this   and bring it back or what's the best I'm 
willing to do that I think that's a great   idea because we want to we want to work 
with them yes that seems to be the will   of the commission is there a time certain or 
just bring it back once um Steven May went   away on on the time certainty no um just I 
guess whenever they work it out we'll just   re agenda it and if you just want to make 
a motion to continue get a second to that subject to whatever sidebar is going on down 
I move to continue item and I and I apologize   I was just having a sidebar because we do have a 
date certain on the magistrate so I wanted to be   certain that we had time to address this concern 
given that what does the magistrate State that's   that's we're tracking down okay could we delay 
I mean could the magistrate hearing be delayed   Yeah well yeah you you you could give uh you 
could give a a status update to the Magistrate   yeah and just advise uh the magistrate that 
the commission has continued it to give you an   opportunity to present alternative plans and um I 
think it's a reasonable ask I think the I I can't   speak for the magistrate obviously but I think uh 
the magistrate would would give give difference to   that that works for me yeah yeah and then that's 
fine I I suspect the same thing because the at   the magistrate we had the same understanding 
that our goal is to work with the city so if   that's the same expectation I just hopefully we 
receive the same treatment coming back to him is   there a second I'll second the motion second you 
made the motion I think Susan made I make the motion   yeah I can't Move I can't second my own motion 
true true all right uh please call the vote   on motion to continue commissioner Tolland continue 
it the motion is to continue it yes yes thank you   commissioner Sargent yes commissioner Persis yes 
commissioner Briley yes mayor Partington yes thank you 8e RESOLUTION NO. 2024-134:  A RESOLUTION RESCINDING RESOLUTION 2023-193 THAT FOUND U.S. CAPITAL ALLIANCE, LLC, TO BE IN NONCOMPLIANCE WITH THE AMENDED FINAL ORDER FOR THE ORMOND BEACH HUNTER’S RIDGE DEVELOPMENT OF REGIONAL IMPACT; FINDING U.S. CAPITAL ALLIANCE, LLC, TO BE IN COMPLIANCE WITH THE AMENDED FINAL ORDER; PROVIDING FOR THE CONTINUATION OF SERVICES; AND SETTING FORTH AN EFFECTIVE DATE. uh rid you may recall that um um several weeks 
ago uh the party's entered into a settlement and   a release and it uh set forth the order by which 
certain um things were going to be done to resolve   the issues um Flager county has conveyed back the 
um the public road easement that was a concern   to the city uh the uh developer has in turn 
executed deed uh to the city in St John's with   respect to the conservation lands um the city and 
Flagler County have um approved the interlocal   agreement um as agreed upon and um those documents 
have been recorded and um this will be one of the   final steps uh to resolve that so what this does 
is it essentially will resend the resolution that   was approved last October that found the uh us 
kep lines to be in non-compliance with the uh   the DRI development order once this um resolution 
is approved then uh the pending litigation matters   will all be dismissed as well and essentially 
this will this acknowledges as well that US   capital Alliance is in compliance with the uh 
DRI so that's in essence what you've got before   you and I would recommend that you approve 
it thank you Randy I don't have any cards second second moved and seconded any uh discussion questions comments I just have a 
comment yes ma'am I just want to um thank staff   and Randy and outside Council for their efforts 
towards this resolution thank you please call   the vote commissioner Sargent yes commissioner 
Persis yes commissioner Briley yes commissioner   Tolland yes mayor Partington yes and we will 
close the public hearings and move to reports   suggestions and requests uh starting tonight with 
city manager Joyce Shanahan good evening everyone   um just a reminder that your meetings next month 
um are going to be on Wednesday as you recall   we're not permitted to have our budget meeting on 
the same uh day of the week as either the Volusia   school board or the Volusia County Council so so the 
meetings will be on September 4th and September 18th I would like to also report that Massy 
construction has completed its resurfacing   work for 2024 um as you know one of those streets 
that we added was um the one in front of um Tomoka   Elementary uh and I I give Shawn the credit for 
thinking about that making sure that they had a   nice uh new road as they came into school um we're 
working to finalize the uh repairs at the uh PAC   and once we do we'll give you a list for a new 
or renew grand opening um and uh also uh report   that the real and fun uh fishing tournament 
uh is scheduled for Saturday October 5th at   Bailey riverbridge Gardens I think this is the 
fourth do we do four of those or three of those   we do the beach we do um three three we do the 
park and then we do um uh the pier so we want   to fish you in each different water body so it's 
it's really exciting and we always get a great um   feedback on that and great participation um it was 
very nice um to have the police come here tonight   and thank you for your hard work on revising 
uh that uh pension uh plan so that officers   the case this family can be fully protected I we 
really appreciate that and I'm happy to answer   any questions that you may have any questions 
for the city manager thank you very much thank   you assistant city manager Claire Whitley thank 
you Claire and City attorney Randy Hayes thank   you thank you and tonight we start with Deputy 
Mayor Briley thank you Mr Mayor um first of all   I'd like to say congratulations to Tomoka Elementary 
school uh had a fantastic ribbon cutting there uh   week ago I guess was Thursday last I guess last 
Thursday um anyway fantastic new school it's a   great addition to Zone 4 we're we're proud to have 
them I know uh two two graduates of Tomoka elementary   school set up on the commission mayor Partington 
and commissioner Sargent and I know they were   proud to see their their their new school um and 
again thanks to Shawn Finley for making that you   know getting that old Tomoka road repaved that 
was that was awesome it looked very very nice um I think most actually all of us were able 
to attend the the Florida League of City's annual   conference uh this past week and weekend down 
in uh Howendale Beach and one thing that kind of   stuck out to me is I went to I went to a several 
workshops but one was um the Florida League of   cities did a workshop on the housing crisis facing 
Florida and they looked not only at Florida but   also the the the entire United States and when 
you looked at the map and they had little they   had circles on the map map had green circles that 
had red circles some circles were big some circles   were small well when you look at Florida and 
commissioner Tolland commissioner Tolland attended that   workshop with me as well if you look at South 
Florida especially down around the Miami area   the dot was big and it was red and what that shows 
is people are leaving that part of the state and   in fact the Little Red Dot I say the Little Red 
Dot the Red Dot down in Miami was almost yeah it   was big and it was about the same size as the dot 
in Los Angeles California if that gives you any   sort of you know comparison so the areas that are 
growing Ocala Jacksonville Daytona Beach they're   moving here because the cost of living is lower 
properties are lower people can afford to live   in these areas where they can't afford South 
Florida any longer so what was interesting to   me as well was Jacksonville is actually a cheaper 
 and I knew this is a real estate agent but to   actually see it um in and you know outside of the 
real estate market Jacksonville is actually it's   it's a lower cost of living live in Jacksonville 
than Daytona Beach so it was interesting to hear   from a a Florida State University professor and 
he t talked about the reason we have a housing   crisis in Florida is growth and when he talks 
about growth he talks about it in two different   ways one is the amount of people coming into the 
state which is a lot and the number of housing   units we have available which is not a lot so 
his answer the housing crisis was more growth   well I'm not sure we're capable to handle a lot 
of that growth along the coast if you look at the   coastlines of Florida that's where most of your 
growth has been occurring middle of the state not   so much um maybe with the exception of Ocala but 
it's something we have to look at um there was   also a former senator who spoke on this issue 
and basically he said and he admitted that you   know as a state we haven't done a very good job 
of preparing for growth but he also said don't   look to Tallahassee for any help now maybe you 
do maybe you don't I mean Tallahasse has given   us a little local act so maybe we don't want their 
help um so in any case it's just it was food for   thought it was a very interesting I thought it 
was a very interesting uh Workshop um I'll let   some of the other Commissioners speak about the 
the other workshops but uh you know do we have a   housing crisis in Florida yes but I don't think 
there's an easy answer and the answer of growth   I don't think is is necessarily the the correct 
answer maybe growth in other areas but I think   again along along our coasts along our coastlines 
I think we're just about capped out so anyway with   that Mr Mayor I'll say good night thank you 
thank you Deputy Mayor and commissioner Tolland   thank you um and I'll just start with with what 
um commissioner Briley was just talking about I I   was very appreciative of the opportunity to attend 
the Florida League of cities conference um and it   was an eyeopener um with that housing session and 
it really validated what we are actually feeling   here the Impacts that we're feeling it was pretty 
impressive to see it up on the slide you're like   oh there right um the two takeaways I had that 
are different than that that is at one of the   sessions they were talking about technology and 
all and I know we've we've committed to updating   our technology but this one um one suggestion 
was actually doing YouTube for our commission   meetings so they're you know live I don't 
know how we're we're going to be broadcasting our   um meetings through all the technology were 
research but YouTube was what was suggested   and is I think that's what they're planning doing 
is that what you're thinking great um and in any   of the town halls and all and the other thing and 
you know what one of my pet peeves is always not   just native plants but you know mental health in 
our city and um there is a crisis text line you   know all our kids they don't want to talk on the 
phone they they don't look up things they text   and there's there's an option of this crisis text 
line and I will say I have not done the research   on it but when it was presented I thought it was 
a really cool idea that maybe we should look into   and you would just text Hello to a certain number 
and then there is a counselor that will text back   and it's free so it's just something maybe and 
I know it's not our business to be counselors   to Residents but I also feel like if the technology
is there if we're updating our technology you know   mental health is huge mental illness is huge 
you know maybe we should look into something   like that and if you all would like me to I'd 
be happy to do some research or we can ask you   know maybe Jen with um public information to look 
at those kinds of things and bring it back to us   if it's that's something you all are interested 
and you don't have to give me an answer now but I   just thought I would just kind of seed your minds 
with with some of that information um please that   um at the Tomoka ribbon cutting ceremony beautiful 
school I was really jealous of um the creativity   and the thoughtfulness they had with their new 
design at my first impression is where's the red   where's the Indian it was all greens and blues 
and calming and what they did which I thought   was just and I don't don't know whose idea was 
but it was most brilliant idea I've ever heard   was they Incorporated Tomoka state park into 
the design of the school so the blues are are   the water the greens are the trees um it was 
really neat and then they actually changed the   mascot to uh resemble Chief Tomokie um with his um 
I guess it's Palm his bun his bun and then um   the feathers the I don't know if they were 
feathers or Palm frons feathers feathers anyway   it was amazing it was it was really brilliant 
and um I don't have all the final results but I   do want to congratulate any of those candidates 
that have survived the primary election tonight   so thank you and with that I'll say good night 
thank you, commissioner Sargent,   thank you Mr Mayor um first I'd like to thank 
law enforcement for being out there at all of   our schools at the crosswalks and making sure our 
students were safe this past week I don't know if   we can do anything for temple bethl I know that 
their traffic has been backing up in the mornings um's there's two cars and the medians uh I see 
them every day when I leave for work uh the paving   at not park on Melrose really was a I know we 
had a resident complain or brought it forward   and next morning I go outside and Paving crew was 
there to start Paving and um so there's uh easier   to get into that Park so thank you to staff for 
that thank you Kelly uh she might have already   gone and and staff on the finance side for for 
explaining everything that y'all are doing I just   really appreciate it um Cassen Park I just think 
this is a major issue that we need to address with   the incident that happened over the weekend uh 
with the homeless population that's occupying   these gazebos I don't know what we can do but 
it we definitely need to address this issue I   mean one of our residents was physically 
harmed putting his boat in the water with   his family I mean it's pretty significant 
um people are sitting outside the bait shop   harassing people going into to see Ike begging 
for money I mean this should not be happening   right here at Cassen Park I don't know what 
we can do if we need to put cameras up have   more law enforcement Patrol in that area but 
um something needs to be done with that and soon this is one of our only Parks that's open 
till midnight most other parks close at at uh   dark dawn to dusk if you will uh this Park is open 
because of people wanting to get out and vote in   the evening but I think the um PD is is working 
on uh that issue of patrolling that Park so we can   have a better uh look at that we're also looking 
at installing cameras but those are only look   backs but once people know that there are cameras 
there um and I'll talk with Randy and the chief   and see what we can be doing given the new Supreme 
Court ruling on homelessness if there's a way to   trespass those folks from the park anytime we do 
have an issue those folks are trespassed from all   of our Parks not just that Park um in speaking 
with the chief and I don't want to put words in   his mouth and he's invite him to come up here 
but they think this was a one-off event it was   these are people that were from out of town from 
Georgia I think you said and um you know we have   had other homeless people on the piers I know um 
uh and we'll keep a better eye on that thank you   and lastly um Kristen Deaton I think she already 
left but she will be occupying it looks like   the Zone 3 seat and just big congratulations to 
her you know this is someone that kind of did   like I did came to meetings for a couple years to 
really learn the process to get to know how things   work um planning boards just really attended I 
think almost every meeting possible that she could   I mean she was campaigning all day and then came 
here to a commission meeting I that's pretty um a   true public servant so with that I'll say good 
night thank you Commission commer commissioner   Persis good evening everyone I want to say hello 
to Joe Daniels out there thanks for being here   Doug Thomas Ike Learry you're always great here 
nice to see GG Galloway over there too um I just   want to first of all I want to thank Chief Godfrey 
for coordinating with the Sheriff's Office on   the funeral procession for one of our longtime 
residents Victor lohman who passed away about 10   days ago um he was a local businessman involved 
with cemeteries in the funeral homes and he   be sorely missed but thank you Chief Godfrey for 
for doing that with the in conjunction with the   Sheriff's Office and I also want to congratulate 
Ormond Main Street for being designated the   August 2024 Florida Main Street program for the 
month um Secretary of State Cory Bird says over   the last of over the last 30 years Ormond Main 
Street has transformed the community from one   known Solely for salt sand and speed into a hub for 
homegrown businesses and pristine parks that honor   the city's rich and diverse history and that 
was his quote and I thought that was really   amazing so I just had to say that and I also 
want to you know also say Tomoka Elementary   is amazing as a former principal gosh just made 
your heart happy to see that school and I'm so   happy that mayor Partington volunteered to wear um a 
Tomoka chief Tomokie headdress and feathers one day   so so be careful you may have that on your head 
one day I don't remember that and yes I attended   the Florida League of Cities conference and thank you 
staff for letting me attend um opening session   speakers were amazing we had a the gentleman 
Senator Jason Pisa who was amazing who spoke   to us and urbanist Richard Florida gave us a 
lot of great ideas and thoughts I attended a   fast committee meeting along with eight other 
workshops and and really learn from each one   but on my fast committee that um I attend and I 
go to DC couple of times a year we talked about   the national flood insurance program and about 
the final Pefost National primary drinking water   regulations and simplifying local grants for 
all municipalities so um it was just a great   conference I was really pleased to be be able to 
attend and I want to also congratulate Kristen   Deaton for winning this seat I know she'll be 
a great addition to this commission thank you   thank you commissioner and uh Joyce and chief 
Godfrey we a couple weeks ago heard Sheriff   Chitwood speak to the Volusia League of Cities he talked 
about the live 911 program and what a benefit that   is to the officers I was hoping you could at a 
future meeting or even by email just give us more   information about that I understood there may be 
costs associated with that I was curious how   much that'll be something for a future commission 
probably to make a decision on but just was going   to ask for for more information he indicated that 
by providing those live stream 911 calls directly   to First Responders that had improved situ 
situational awareness and and faster response   times so I don't know how much I don't know that 
much about it but I know the way he described it   it sounds like it's a a possible great tool 
for our city so thank you for that commission   you did a great job on all the other items of uh 
interest thank you for that and we are adjourned