CITY OF HOLLY HILL, FLORIDA REGULAR CITY … Commission/Agenda Packets... · SPECIAL USE PERMIT. H....

Regular Commission meeting November 22, 2011 of 3

CITY OF HOLLY HILL, FLORIDA

REGULAR CITY COMMISSION MEETING NOVEMBER 22, 2011

7:00 PM

Mayor Roy Johnson District 1 – Commissioner John Penny District 3 – Commissioner Donnie Moore District 2 – Commissioner Rick Glass District 4 – Commissioner Liz Towsley-Patton

CITY COMMISSION CHAMBERS

1065 Ridgewood Avenue, Holly Hill, Florida 32117-2898 City Clerk’s Office: (386) 248-9441 Fax: (386) 248-9448

1. CALL TO ORDER

A. Roll Call

B. Invocation

C. Pledge of Allegiance to the Flag

2. MINUTES

A. Minutes from the Regular City Commission meeting – November 8, 2011 (City Clerk)

B. Minutes from the Canvassing Board – Special Election – November 8, 2011 (City Clerk)

3. PUBLIC PARTICIPATION

Regarding items not on the agenda.

4. CONSENT AGENDA

No items.


5. BUSINESS AGENDA

A. FIRST READING OF ORDINANCE 2905, PORTABLE STORAGE UNITS IN RESIDENTIAL NEIGHBORHOODS (City Planner)

AN ORDINANCE OF THE CITY OF HOLLY HILL, FLORIDA AMENDING, THE LAND DEVELOPMENT REGULATIONS, BY AMENDING SECTION 114-744 LIMITING THE SIZE OF PORTABLE STORAGE UNITS IN RESIDENTIAL AREAS.

B. FIRST READING OF ORDINANCE 2906, AMENDMENT TO THE COMMUNITY REDEVELOPMENT AREA (City Planner)

AN ORDINANCE OF THE CITY OF HOLLY HILL, FLORIDA ADOPTING A REVISED BOUNDARY DESCRIPTION FOR THE HOLLY HILL COMMUNITY REDEVELOPMENT AGENCY.

C. FIRST READING OF ORDINANCE 2907, AMENDMENT TO SECTION 2-30 SALARY, HEALTH AND LIFE INSURANCE: EXPENSES (Finance Director)

AN ORDINANCE OF THE CITY OF HOLLY HILL, FLORIDA, AMENDING SECTION 2-30 (EXPENSE ALLOWANCE, HEALTH AND LIFE INSURANCE, AND HONORARIUM) TO PROVIDE THAT THE CITY COMMISSION MEMBERS SHALL BE COMPENSATED BI-WEEKLY.

D. RESOLUTION 2011-R-83, SPECIAL EVENT CALENDAR 2012 (City Manager)

A RESOLUTION BY THE CITY OF HOLLY HILL, FLORIDA DESIGNATING THE SPECIAL EVENT DATES FOR 2012.

E. RESOLUTION 2011-R-84, CIVIC CENTER DESIGNATION OF THE MARKET (Economic Development Director)

A RESOLUTION OF THE CITY OF HOLLY HILL, FLORIDA, DESIGNATING 101 SECOND STREET AS A CIVIC CENTER.


F. RESOLUTION 2011-R-85, FY 2010-2011 AMENDED BUDGET (Finance Director)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF HOLLY HILL, VOLUSIA COUNTY, FLORIDA, AMENDING THE FINAL BUDGET FOR THE CITY OF HOLLY HILL FOR THE FISCAL YEAR 2010-2011.

G. RESOLUTION 2011-R-86, SPECIAL USE PERMIT (City Manager)

A RESOLUTION OF THE CITY OF HOLLY HILL, FLORIDA, APPROVING A SPECIAL USE PERMIT.

H. JOINT PARTICIPATION AGREEMENT (JPA) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION AND THE CITY OF HOLLY HILL (City Manager)

6. COMMUNICATIONS

A. City Manager

B. City Attorney

C. City Clerk

D. Mayor & Commissioners

7. ADJOURNMENT

Website Address – www.hollyhillfl.org (City Clerk)

NOTICE – If any person decides to appeal any decision of the City Commission at this meeting, he/she will need a record of the proceedings and, for that purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City does not prepare or provide such a record.

For special accommodations, please notify the City Clerk’s Office at least 72 hours in advance. (386) 248-9441

Help for the hearing impaired is available through the Assistive Listening System. Receivers can be obtained from the City Clerk’s Office.

In accordance with the Americans with Disabilities Act (ADA), persons needing a special accommodation to participate in the Commission proceedings should contact the City Clerk’s Office no later than three (3) days prior to the proceedings.

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M I N U T E S REGULAR COMMISSION MEETING

COMMUNITY REDEVELOPMENT AGENCY (CRA) MEETING CITY OF HOLLY HILL, FLORIDA

November 8, 2011

1. CALL TO ORDER

A. Roll Call

Mayor Johnson called the meeting to order in the Commission Chambers at City Hall, 1065 Ridgewood Avenue, at approximately 7:00 pm. Attending with Mayor Johnson were Commissioners John Penny, Rick Glass, Donnie Moore and Liz Towsley-Patton. Also attending were the following staff members: City Manager James McCroskey, City Attorney Scott Simpson, Attorney Adam Dunn from Attorney Scott Simpson’s Office, Finance Director Kurt Swartzlander, Police Chief Mark Barker, Fire Chief Ron Spencer, Economic Development Director Lynn Dehlinger, City Planner/Consultant Tom Harowski, Community Services Director Jacki Maswary, Assistant Finance Director Catherine Coldwell, and Sandy Fendwick (sitting in for City Clerk Valerie Manning).

B. Invocation

Mayor Johnson led invocation.

C. Pledge of Allegiance to the Flag

Mayor Johnson led the Pledge of Allegiance.

2. APPROVAL OF MINUTES

Minutes from the Regular City Commission meeting – October 25, 2011 (City Clerk)

Commissioner Moore moved APPROVAL for the MINUTES, seconded by Commissioner Glass.

The motion CARRIED 5-0 by roll call vote: Moore – Yes, Glass – Yes, Penny – Yes, Patton – Yes, and Mayor – Yes

MINUTES REGULAR COMMISSION MEETING & CRA MEETING NOVEMBER 8, 2011

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3. PUBLIC PARTICIPATION – Regarding items not on the agenda.

Mayor Johnson opened public participation.

The following individuals came forward to speak:

Gilles Blais, 710 Magnolia Avenue, Holly Hill – Addressed the City Commission with his suggestion about the science building at the old middle school.

Joe Glenn, 1625 Riverside Drive, Holly Hill – Addressed the City Commission by sharing his concerns regarding the sidewalks on Riverside Drive; the request for sealed bids for the sidewalks and shared his concerns regarding the east side of the street; concerned about adding 750 feet of sidewalk.

Bill Shake, 136 LPGA Blvd., Holly Hill – Addressed the City Commission by informing them that the fire hydrant in front of his house leaks everyday; they have come to try and fix it and it still leaks. The last time it leaked it caused a sink hole and they had to replace a lot of pavement in the front of the house.

Robert Taylor, 1200 Riverside Drive, Holly Hill – Addressed the City Commission by sharing his concerns about the derelict boats on Riverside Drive; one boat has been anchored out there for 5 years; a houseboat is out there and there are people living on it sometimes and that’s anchored off the LPGA point for about 5 years; one boat is up against a man’s dock north of 5th Street. Mr. Taylor wanted to know if somebody can get in touch with someone to tow those boats away. Shared his concerns about the noise and parties at Sunrise Park while he was at Parks Seafood.

Mayor Johnson closed public participation.

4. CONSENT AGENDA

A. Citizens Academy ~ Appointments (City Manager & City Clerk)

B. River Life Committee ~ List of Applicants (City Manager)

Mr. McCroskey asked the Mayor if he could pull the River Life Committee off the Consent Agenda. Mr. McCroskey stated he has been talking with Attorney Simpson and there are some issues about whether this is actually an appointed committee or just an advisory board. Mr. McCroskey stated he would like to talk to Attorney Simpson a little more about it.

Mayor Johnson stated they will only be approving item “A” on the Consent Agenda at this time. Commissioner Penny moved APPROVAL for the Consent Agenda, seconded by Commissioner Glass.

The motion CARRIED 5-0 by roll call vote: Penny – Yes, Glass – Yes, Moore – Yes, Patton – Yes, and Mayor – Yes


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5. BUSINESS AGENDA

A. PUBLIC HEARING - SECOND READING OF ORDINANCE 2904, 1050 NOVA ROAD – BUSINESS PLANNED UNIT DEVELOPMENT (BPUD) AGREEMENT (City Planner)

Attorney Dunn read by short title only:

ORDINANCE NO. 2904

AN ORDINANCE OF THE CITY OF HOLLY HILL, FLORIDA, AMENDING ORDINANCE 2654, THE DOUGLAS BELL BPUD DEVELOPMENT AGREEMENT, BY AMENDING THE EXISTING DEVELOPMENT AGREEMENT FOR APPROXIMATELY 2.17 ACRES LOCATED ON THE WEST SIDE OF NOVA APPROXIMATELY 250 FEET NORTH OF GOLF AVENUE; APPROVING A REVISED MASTER DEVELOPMENT PLAN AND INCORPORATING IT INTO THIS ORDINANCE FOR THE PURPOSE OF REGULATING THE USE AND DEVELOPMENT OF THE PROPERTY; PROVIDING FOR CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

Commissioner Glass moved APPROVAL for Second Reading of Ordinance 2904, seconded by Commissioner Moore. Mayor Johnson opened public participation. No one spoke.

The motion CARRIED 5-0 by roll call vote: Glass – Yes, Moore – Yes, Patton – Yes, Penny – Yes, and Mayor – Yes

B. RESOLUTION 2011-R-78, BRENT MILLIKAN & COMPANY, P.A. ~ EXTENSION REQUEST (Finance Director)


RESOLUTION 2011-R-78

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF HOLLY HILL, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXERCISE THE EXTENSION OPTION TO THE EXISTING AUDIT SERVICES CONTRACT WITH BRENT MILLIKAN & CO., P.A.; AND PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.


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Mr. Swartzlander stated this is a Resolution to extend the current audit services contract for two years; it’s a first option in the contract. There are two, two-year renewal options in the existing contract. Commissioner Penny moved APPROVAL for Resolution 2011-R-78, seconded by Commissioner Glass. Mayor Johnson opened public participation. No one spoke.

The motion CARRIED 5-0 by roll call vote: Penny – Yes, Glass – Yes, Moore – Yes, Patton – Yes, and Mayor – Yes

6. RECESS THE REGULAR CITY COMMISSION MEETING

7. CONVENE THE COMMUNITY REDEVELOPMENT AGENCY (CRA) MEETING

BUSINESS AGENDA

A. RESOLUTION 2011-R-79, THE MARKET ~ PHASE III AND IV(Community Services Director)



A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF HOLLY HILL, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH DJ DESIGN, INC. TO PROVIDE SERVICES FOR PHASE III AND PHASE IV OF THE MARKET; AND PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

Mr. McCroskey stated that the City is having a Grand Opening on Friday for The Market. The interior is complete and the conference room is complete. The building is approximately 35% to 40% complete but the two wings, the north and south wings, presently haven’t been renovated. This is a contract to allow DJ Design to the design work for the demolition and then start on the northeast wing to design the construction because the City does have a party interested in the northeast wing. These funds will allow the architect to move forward with the last and final phase of The Market. Mr. McCroskey informed the Mayor and City Commission that the City has spent approximately $400,000 at this point. The City has not spent $700,000 on The Market; the City has spent approximately $400,000 to date. Commissioner Glass moved APPROVAL for Resolution 2011-R-79, seconded by Commissioner Moore.


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Mayor Johnson opened public participation.


Jay Crandle, 808 S. Beach Street, Ormond Beach, – Addressed the City Commission by asking if the City got the environmental impact study back for the property next door. Commissioner Glass informed Mr. Crandle that the City has not received the study yet.

Megan Shake, 136 LPGA Blvd., Holly Hill – Addressed the City Commission by stating the building in 2009 had been vacated because of rising waters and if no provisions have been made for the drainage in that area, all the money that the City is putting into the renovations of the building might be for nothing if the City had another severe storm. Commissioners Glass and Penny stated that the floors have been raised and Commissioner Glass informed Ms. Shake that drainage has been put in.

Mr. McCroskey stated the drainage was part of the high cost of the interior renovation. There is a very extensive drainage system through there and fed it out to the storm drain so they wouldn’t have that problem in the future. Mayor Johnson closed public participation.

The motion CARRIED 5-0 by roll call vote: Glass – Yes, Moore – Yes, Penny – Yes, Patton – Yes, and Mayor – Yes

B. RESOLUTION 2011-R-80, APPROVAL OF OPERATING AGREEMENT WITH VANGUARD OMNI MEDIA GROUP FOR THE MARKET (Economic Development Director)



A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY, CITY OF HOLLY HILL, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN OPERATING AGREEMENT BETWEEN THE HOLLY HILL COMMUNITY REDEVELOPMENT AGENCY AND VANGUARD OMNI MEDIA GROUP; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTING RESOLUTIONS; AND PROVIDING AN EFFECTIVE DATE.

Mr. McCroskey stated this is the contract for The Market itself. That is for this Friday night’s event, that Vanguard Omni Media Group was the successful bidder. Mr. McCroskey informed the Mayor and City Commission that he provided them a packet showing them where they advertised this in the Daytona Beach News-Journal and the dates and where the City paid for the advertising. The only Request for Proposals (RFP) the City received was the proposal from


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Vanguard Omni Media Group. Mr. McCroskey stated the City was looking to place a new market across the street but staff looked at the fact that it is hot over there and it was not successful during the summer and that’s why the City terminated it across the street. It wasn’t being well attended. It was suggested to the City that they have it in the evening on Friday, which made a lot of sense and that’s the way the City advertised it and the City received one bid. The bid was received from Vanguard who runs the market up in Port Orange. Staff visited that operation up in Port Orange and it seemed very successful and it seemed like something that would be very good for Holly Hill. Mr. McCroskey stated there is an amendment to the agreement that states that staff would clean up after each event, that was a typo. If this is approved, he would like to entertain an amendment that Vanguard will be cleaning up after each event. Commissioner Moore moved APPROVAL for Resolution 2011-R-80, seconded by Commissioner Glass. Mayor Johnson opened public participation.


Jim Legary, 342 Burleigh Avenue, Holly Hill – Addressed the City Commission by announcing the informal results of the Special Election that the “no’s” have it. Mr. Legary asked what is in the agreement? What are they agreeing to? Who’s going to get what?

Mr. McCroskey stated Vanguard has the right, in this first event, to have this Saturday’s event, which is a Wine Festival, that they are putting together with entertainment, and food vendors. This is a world class event that they are putting on to help kick this off. From that point on, Vanguard is having Friday nights from 4:00 pm to 9:00 pm and they will be bringing in vendors and all different types of venues, entertainment and that will be every Friday night for the next two years. There is a six-month window that they can look at each other and decide whether or not the City wants to continue.

Mr. Legary asked if Vanguard will be moving into the facility. Mr. McCroskey stated, no. There may be a contract later for the Floridian View Magazine to rent part of the facility and staff has been talking to them about that but as Mr. Legary has heard before, the City doesn’t even have architectural drawings yet on the event. The City doesn’t know what it’s going to cost to renovate it yet and the City doesn’t know how they would like their space finished; before staff can bring a lease forward for Floridian View Magazine to lease a facility in Holly Hill and homeport that magazine in Holly Hill.

Maureen Monahan, 215 5th Street, Holly Hill – Addressed the City Commission

by asking why are residents getting solicitations in the mail about a market and banners on US1 before the Commission has actually voted on something?

Mr. McCroskey stated The Market was planned to be finished last month; things don’t happen as quickly as they should. Mr. McCroskey stated as the City Manager, he can rent them a one-time event for that space under the City’s special event form; he has that authority as City Manager.


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Richard Murrdock, 520 Peacock Road, Holly Hill – Addressed the City Commission by saying why don’t they do it like the mall does; if you want to lease a spot, you are responsible to put up drywalls or whatever, yourself; with your money and not the City’s money. The City is spending too much money on land.

Matthew Hudson, 131 Daytona Avenue, Holly Hill – Addressed the City Commission stated the newspaper story was confusing on this. Mr. Hudson wanted to know how often, and is this going to be a weekly event because he doesn’t want to hear music at 10:00 pm. Mr. Hudson spoke briefly about the newspaper article on the event for the weekend. He doesn’t think this is a good deal based on the information he is seeing in the News-Journal. Mr. Hudson shared his concerns about the excess traffic, the drunks and noise that is going to take place at The Market.

Tom Hudson, 140? Daytona Avenue, Holly Hill – Addressed the City Commission by saying he would like to give each one of the Commissioners a word of caution because according to the newspaper it says $700,000. Mr. Hudson shared his concerns about the past history for the individuals involved with The Market, and the County Councilman. Was concerned about the insurance for the facility.

Ms. Dehlinger gave a brief staff report pertaining to the RFP for Vanguard Omni Media Group. Commissioner Moore asked if Vanguard occupies a unit within the building. Ms. Dehlinger stated, no. Commissioner Moore asked does Vanguard sublease any of the units out? Ms. Dehlinger stated, no. Commissioner Moore stated the reason he is asking is because he is getting a feel from the public that the City is turning this entire project over to Vanguard and his understanding is the City is simply allowing Vanguard to have a Green Market on Friday between the hours that was stated and they are not controlling renting out any of the units. They are simply renting space for the time allowed on Friday for The Market; very much the same that the City did across the street with another Farmer’s Market. Ms. Dehlinger stated, that’s correct. That’s exactly what the document they have tonight, allows Vanguard to do. Commissioner Moore asked if the City is paying for any of Vanguard’s marketing; their ads…anything to do with their Friday evening events? Is the City paying for any of that? Ms. Dehlinger stated she is not sure if that is any part of the budget. She knows that there is a marketing, advertising line item that the City does use for CRA sponsored events. The City is a sponsor of this facility so she would imagine that the City would participate in some of the advertising.


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Commissioner Patton asked who paid for the banner. Ms. Dehlinger stated Vanguard paid for the banner. Attorney Simpson stated the agreement does not obligate the City to provide any advertising or marketing costs. Commissioner Moore stated for clarification, this agreement is for a Friday evening Farmer’s Market. Ms. Dehlinger stated, that’s correct. Commissioner Moore stated with the exception that this weekend which they will have the Wine Festival on Saturday. Ms. Dehlinger stated, that’s correct. Any other events, have to have written permission from the City that occur outside those hours. Commissioner Moore stated he would also like to clarify that it was $500,000 not a million in a half that Vanguard lost and that was on a music festival and the other $500,000 was already lost prior to Vanguard being at Daytona State College. Commissioner Penny stated when this concept was originally floated out a year, 18 months ago, there was even possible talk of having to hire someone to do this for the City, is that correct? Ms. Dehlinger stated, that’s correct. Commissioner Penny stated and he doesn’t think this Commission was in favor of adding on another City employee with benefits and retirement and health insurance. Ms. Dehlinger stated most of the time when you are dealing with a building, such as this, the City has several different facets that its working through for this. We have a conference facility that will be available for weddings and family events that will be available to lease out and hopefully, it will be a revenue producer for the City. We are using The Market on Fridays as another incentive to get people interested in the City of Holly Hill to produce some great events there on Fridays. This is one part of a bigger piece of the puzzle. Commissioner Patton stated as far as insurance, on Friday nights, their insurance is covering it, correct? Mr. McCroskey stated they have $1 million in liability insurance and the City also covers liability insurance. The City has seven or eight events that the City is sponsoring as a City. The City has event insurance that covers the City for all the events. The City is helping, to underwrite some of the cost of this, he approved a $1,000 out of the City’s $2500 budget for the advertisement for Brighthouse. The City is sponsoring this event, if it passes, and if it doesn’t, we’re not. But the City can still rent this property to them just like they can rent any piece of property to people in the city for a special event. They can do a special event fee and the City has


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done that in the past for several people. If people want to rent the park for a fundraiser for different issues, they get rented. Ms. Dehlinger stated in June, the City did approve moving forward with an agreement Vanguard Omni Media Group and now the Commission has the negotiated agreement in front of them. Attorney Simpson asked how many other bidders were there. Ms. Dehlinger stated Vanguard was the only bidder. Attorney Simpson stated the agreement before the Commission mirrors the bid; he based it on the bid they proposed, which according to Ms. Dehlinger, the Commission in essence, already reviewed and approved the bid.

Gilles Blais, 710 Magnolia Avenue, Holly Hill – Addressed the City Commission about the banner across US1. Mr. McCroskey informed Mr. Blais that all banners have to be approved by FDOT.

Megan Shake, 136 LPGA Blvd., Holly Hill – Addressed the City Commission about The Market hours on Friday nights from 4:00 to 9:00 pm. That sells beer and food; who does their grocery shopping on Friday nights? The City is promoting an event that she doesn’t think is going to pick up.

Mayor Johnson closed public participation. Commissioner Patton stated she is going to vote yes because she thinks down the road its going to be a good thing or can promote Holly Hill. Commissioner Patton stated she does have to be in agreement with a lot of the citizens in regards to putting the cart before the horse. She is a little upset that this is just coming before the Commission and the event is happening Friday. She understands the time constraints with the construction workers but she doesn’t like the way it looks and the appearance that it gives. She is in favor of trying to see if the City can make a success out of the facility. She is faulting that this came before the Commission at this time, flyers have been put out, banner is put up and it seemed like it was a given that Vanguard was going to be approved. Mr. McCroskey asked Ms. Dehlinger when did the City advertise this; four or five months ago? When did this come before the Commission? Ms. Dehlinger stated in June. Commissioner Patton stated she is upset that the contract is just coming before the Commission now. If there was some stuff in there that wasn’t liked, its already been a done deal, so to speak, with the public, that this is out here. She doesn’t like the timing that this contract is coming before the Commission.


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Mr. McCroskey stated he will apologize to the Commission for the timing but he couldn’t control the construction and the City couldn’t open a Market until staff knew the construction was finished. As they can see, the construction isn’t even finished today. The construction should have been finished on the 28th; actually, the construction was planned to be finished August 1st and staff started to try and negotiate a contract with Vanguard August 1st. The construction delays have been phenomenal on this property. Mr. McCroskey stated, staff was pushed on their agenda and staff pushed their agenda. He apologizes for it coming to the Commission in this fashion but staff was backed up by construction restraints and they were put off another 60 days themselves as to when they actually wanted to start. The motion CARRIED 5-0 by roll call vote: Moore – Yes, Glass – Yes, Patton – Yes, Penny – Yes, and Mayor – Yes

8. RECONVENE THE REGULAR CITY COMMISSION MEETING

A. RESOLUTION 2011-81, THE MARKET ~ PHASE III AND PHASE IV (Community Services Director)

Attorney Simpson read by short title:


A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF HOLLY HILL, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH DJ DESIGN, INC. TO PROVIDE SERVICES FOR PHASE III AND PHASE IV OF THE MARKET; AND PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

Commissioner Penny moved APPROVAL for Resolution 2011-R-81, seconded by Commissioner Glass. Mayor Johnson opened public participation. No one spoke. The motion CARRIED 5-0 by roll call vote: Penny – Yes, Glass – Yes, Moore – Yes, Patton – Yes, and Mayor – Yes


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B. RESOLUTION 2011-R-82, APPROVAL OF OPERATING AGREEMENT WITH VANGUARD OMNI MEDIA GROUP FOR THE MARKET (Economic Development Director)

Attorney Simpson read by short title:


A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF HOLLY HILL, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN OPERATING AGREEMENT BETWEEN THE CITY OF HOLLY HILL AND VANGUARD OMNI MEDIA GROUP; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTING RESOLUTIONS; AND PROVIDING AN EFFECTIVE DATE.

Commissioner Glass moved APPROVAL for Resolution 2011-R-82, seconded by Commissioner Moore. Mayor Johnson opened public participation. No one spoke. The motion CARRIED 5-0 by roll call vote: Glass – Yes, Moore – Yes, Penny – Yes, Patton – Yes, and Mayor – Yes

9. DISCUSSION OF A DRUG TESTING POLICY (City Attorney) Attorney Simpson stated he thinks this is going to be a discussion about random drug testing to see if the Commission is in support of that before…there is obviously legal issues when you start getting into that so before any time and effort was spent researching the legality of going forward with that, he thinks it was brought to this Commission to see if there was support for it. Commissioner Glass stated he thinks there would be a good support for it. He would support it. Commissioner Penny stated for clarification, you’re talking about drug testing the Commission not the employees? Attorney Simpson stated he doesn’t know what the City’s current drug policy testing is but if they’re going to be doing random drug testing on employees that are in a collective bargaining agreement, that would have to be an negotiated item through their union contract. Attorney Simpson stated he thinks this is talking about one random drug testing of Commissioners and he thinks this Commission could also do non-bargaining union employees; establish a policy regarding those but those who are in a bargaining union position would have to be a negotiated item. Commissioner Glass stated he is in favor of non-bargaining and the Commission.


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Mayor Johnson agreed; especially the Commission. Commissioners Penny and Patton stated they have nothing to hide. Commissioner Moore stated he is in favor of the Commission. Attorney Simpson asked Commissioner Moore about the non-bargaining employees. Commissioner Moore stated no; not unless they can get the contracts with the union employees. Commissioner Glass stated that’s true. Commissioner Moore stated just because they’re not protect by a union why should we attack them. Commissioner Glass stated he knows the City has a random drug policy for CDL drivers. Attorney Simpson stated that’s mandated by State Law. Commissioner Glass stated he is in favor of the Commission. Mr. McCroskey stated his only concern with this was, would this require a Charter Amendment and he asked Attorney Simpson to look at that to see if putting regulations on the next Commission would have to be done by Charter Amendment or could this Commission pass a rule that says if you’re elected to the City Commission in the next election, 2012, you would have to come in and have a drug test before you can be sworn in. Is that the thought process this Commission is looking for? Mayor Johnson stated, yes. He is. Commissioner Glass stated he would say at random. He wouldn’t pick a specific date. Attorney Simpson stated are they talking about people who are qualified to be a candidate or once you become a Commissioner, you are subject to random drug testing after you become a candidate. One of the questions he asked Mr. McCroskey when they were talking about it was, what are we going to do if someone fails? Commissioner Moore stated its going to cost the City money because we will need to have a special election. Attorney Simpson stated what you’re assuming is those people will lose their office and he doesn’t know if that’s true. Just because someone fails a drug test…. Mayor Johnson asked can they have it for the candidates? Attorney Simpsons stated that’s the reason for the discussion.


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Commissioner Glass stated that’s too much of an expense. Attorney Simpson stated even if the City can legally do it; he doesn’t know. The question he had was the City has certain provisions in the Charter that talk about forfeiture of office; he has a question regarding the legality of some of those but let’s assume they’re legal, he thinks it’s a felony or a misdemeanor in performance of your job duties. He can’t tell them off the top of his head if they fail a drug test is that a crime. So, they wouldn’t forfeit office. From a practical standpoint, what are they going to do if a Commissioner does fail a drug test? Commissioner Glass stated since there is consensus, can you pursue it. Attorney Simpson stated he can look into it. He may get with the City’s labor attorney and personnel director to see what are the legalities and consequences doing this and how would the City set this up and come back with a memo to the City Manager.

10. COMMUNICATIONS

A. City Manager

Mr. McCroskey stated staff met with DOT today and they are starting the design of the Daytona Avenue bridge; hopefully the bridge will be advertised/bidded in March and go to construction in June.

B. City Attorney

None.

C. City Clerk

None.

D. Mayor & Commissioners

Commissioner Penny reminded everyone about the ribbon cutting on Friday at 3:00 pm; after that the Chamber of Commerce Leads Group will be having their annual pre-holiday party where they collect food, unwrapped toys and money to be distributed amongst the needy citizens and that’s from 5:00 pm to 7:00 pm on Friday at BFFAR; talked about the woman who got hit and killed by a car tonight at 6:00 pm in reference to sidewalk and safety issues.

Commissioner Glass congratulated Manny Barnio in regards to the Vanguard contract; special election costs $1700 for the whole thing not $12,000.

Commissioner Moore spoke briefly about his house that is for sale on Riverside Drive and how he had informed everyone when he was getting ready to get the real estate sign for the house and that he had other residency in his district prior to contacting his realtor about the sign, he let the people who elected him know first. Commissioner Moore keeps hearing a rumor that he no longer lives at that house; he has a house in Lake County and he stays over there on the weekends.


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Commissioner Patton wished Mayor Johnson a Happy Birthday; reminded everyone about the Veteran’s Day Ceremony on Friday morning in front of City Hall at 9:00 am; good Trunk or Treat event.

Mayor Johnson stated hopefully, now that the election is over with, maybe the city can go back to being a little bit more positive instead of so much negativity; shared his concerns about the radio stations and all the negativity that is taking place on them.

11. ADJOURNMENT

Mayor Johnson officially adjourned the meeting at approximately 8:00 pm.

Valerie Manning City Clerk/Administrative Assistant

MINUTES

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CANVASSING BOARD SPECIAL ELECTION

CITY OF HOLLY HILL, FLORIDA November 8, 2011

1. CALL TO ORDER Valerie Manning, City Clerk, called the meeting to order at approximately 6:05 p.m. in the Historic Courthouse, 125 W. New York Avenue, DeLand, FL. The following Canvassing Board members were present with Ms. Manning: Doyle “Snake” Andress, Polly Cappuccio, and Nick Mostert. 2. Adopt Policy for Handling Multiple Ballots in One Envelope Mr. Andress moved to ACCEPT BALLOTS – if the number of voter signatures on certificate envelope matches number of ballots enclosed, seconded by Mr. Mostert. Motion PASSED by consensus, 4-0. 3. Review Absentee Ballot Report Form The Board reviewed the report of the number of absentee ballots returned. There had been 85 absentee ballots issued and 40 returned. There was one that the Elections Department staff recommended to the Board to reject because it was returned with no voter signature. 4. Review and Accept or Reject Questionable Ballots By law, both the voter and a witness must sign the back of the envelope. At this time there was one ballot that was questionable. Mr. Mostert moved to REJECT ONE ABSENTEE BALLOT – was returned with no voter signature, seconded by Ms. Cappuccio. Motion PASSED by consensus, 4-0. 5. Review Ballots Recommended for Acceptance and Approve Opening The Board reviewed the remaining 39 ballots and determined that they all met the legal criteria. Mr. Andress moved to APPROVE the 39 ballots for opening, seconded by Ms. Cappuccio. Motion PASSED by consensus, 4-0.

MINUTES CANVASSING BOARD MEETING NOVEMBER 8, 2011 SPECIAL ELECTION

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6. Remove Ballots from Envelopes and Identify those Requiring Duplication The Board verified there were 39 ballot envelopes that needed to be opened. The Board began processing them. The process was to take each envelope, remove the secrecy sleeve and set the envelopes in one pile and the secrecy sleeves in another. The envelopes were collected and turned over to Elections staff. The Board members then removed the ballots from each secrecy sleeve, checking to see if there was more than one ballot in any one sleeve (there was not) and place them face down on the table. There were two ballots that were faxed to the Elections Department from overseas and they had to be duplicated by the Board. 7. Witness Logic & Accuracy Test on Accu-Vote Equipment All Board members and the City Clerk observed the Logic and Accuracy test, which was conducted by County Elections Department staff. Each Board member signed and verified that the L & A Testing was completed satisfactorily. Tabulate Accepted Absentee Ballots The Board members, accompanied by Elections Department staff, tabulated 39 ballots for acceptance for the Accu-Vote. 9. Duplicate Damaged or Defective Ballots and Process Duplicate Ballots into Accu-

Vote There were two ballots that were faxed to the Elections Department from overseas and they had to be duplicated by the Board and processed through the Accu-Vote. 10. Await Delivery of Additional Ballots No additional ballots were received. 11. After 7:00 p.m., and after it has been determined that all acceptable ballots received

by 7:00 p.m. have been processed, have attendant feed the Ender Card into the Accu-Vote

This task was completed. 12. When results report is printed, determine if automatic recount is likely to be needed This report of absentee ballots was added to the precinct totals and at this time there was no likelihood for a recount.

MINUTES CANVASSING BOARD MEETING NOVEMBER 8, 2011 SPECIAL ELECTION

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13. Election Summary Report - Official Results The Board issued the following official results: Holly Hill Amendment 1 Yes No

143 26.19% 403 73.81%

Holly Hill Amendment 2 Yes No

161 29.33% 388 70.67%


142 25.96% 405 74.04%


162 29.62% 385 70.38%

Holly Hill Amendment 5 Yes No Holly Hill Amendment 6 Yes No Holly Hill Amendment 7 Yes No

211 38.57% 336 61.43% 111 20.29% 436 79.71% 152 28.31% 385 71.69%

14. Adjournment The Board adjourned at approximately 9:40 p.m.

______________________________ Valerie Manning City Clerk

Last Updated: 11/18/2011 Page 1 of 1 Subject: Portable Storage Unites in Residential Neighborhoods

REQUEST FOR COMMISSION ACTION

Meeting Date: November 22, 2011

SUBJECT: Portable Storage Units in Residential Neighborhoods

DISCUSSION: The City Commission recently considered an extension of time for a portable storage unit in residential neighborhoods. As we considered this issue, we noted that the current ordinance does not include a maximum size for a portable storage unit. The Board of Planning & Appeals recommended the ordinance be modified to include a maximum size for a portable storage unit in residential areas. The attached ordinance modifies the current regulation to establish a maximum size of 16 feet for a portable storage unit in residentially zoned or residentially used property. This size limitation does not apply to accessory buildings such a permanent storage sheds. FISCAL ANALYSIS: This has no budgetary impact on the City. ATTACHMENT(S): Proposed Ordinance 2905 and staff report prepared for the BOPA. STAFF RECOMMENDATION: Approve Ordinance 2905 COMMISSION GOAL: DEA Goal #2: Enhance City aesthetics through beautification and maintenance of city property and public rights of way, consistent enforcement of zoning and property maintenance codes, and development of reasonable design standards and a corresponding process which is applicable to all new developments and business improvements in the city. MOTION: APPROVE FIRST READING OF ORDINANCE 2905 OF THE CITY OF HOLLY HILL, FLORIDA, AMENDING, THE LAND DEVELOPMENT REGULATIONS, BY AMENDING SECTION 114-744 LIMITING THE SIZE OF PORTABLE STORAGE UNITS IN RESIDENTIAL AREAS.

Ord. 2905 11/22/2011 1

ORDINANCE NO. 2905

AN ORDINANCE OF THE CITY OF HOLLY HILL, FLORIDA AMENDING, THE LAND DEVELOPMENT REGULATIONS, BY AMENDING SECTION 114-744 LIMITING THE SIZE OF PORTABLE STORAGE UNITS IN RESIDENTIAL AREAS; PROVIDING FOR CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the City Commission of the City of Holly Hill, Volusia County, Florida,

has adopted a comprehensive plan pursuant to, and in compliance with 163.3161 et. Seq., Florida

Statutes; and

WHEREAS, the City Commission, as authorized by 163.3202, Florida Statutes, has

enacted and does enforce the Land Development Regulations, based on, related to, and as a means to

implement its adopted comprehensive plan; and

WHEREAS, the City Commission has determined that it is necessary to amend its

Land Development Regulations as herein provided in order to more effectively implement and is

consistent with its adopted comprehensive plan.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF HOLLY HILL,

FLORIDA:

SECTION 1. The Land Development Regulations are hereby amended to limit the

size of portable storage units permitted on residential property or land zoned for residential

use by amending Section 114-744 to read as follows:

Ord. 2905 11/22/2011 2

Sec. 114-744. Portable storage units. (a) Definition: A portable storage unit is any enclosed structure that does not require a building

permit, is not required to be anchored according to the city's adopted building codes and is transported by truck or trailer for placement upon residential property for the purpose of short-term storage as defined herein

(b) Vendors of portable storage units, to include lessors, are required to notify the city in writing, by letter, fax or e-mail, of the placement of a portable storage unit within the city limits. Such notice shall contain the residential address of the placement, the name of the occupant at such residential address and the anticipated duration of the placement.

(c) Time limitation: A portable storage unit shall be permitted at one residential location for a period not to exceed 30 days in any six consecutive months. Code administrator can extend it for 30 days and anything beyond that has to come before the city commission to grant a 30-day extension upon proof of hardship.

(d) Size Limitation: A portable storage unit placed on residential property or land zoned for residential use shall not exceed 16 feet in length.

(e) Placement: Portable storage units may be placed in any driveway area, but must be a minimum of 20 feet from the edge of any roadway and five from any side lot line.

SECTION 2. If any section, subsection, sentence, clause, phrase, or portion of this

Ordinance, or application hereof, is for any reason held invalid or unconstitutional by any Court,

such portion or application shall be deemed a separate, distinct, and independent provision, and such

holding shall not affect the validity of the remaining portions or application hereof.

SECTION 3. That all ordinances made in conflict with this Ordinance are hereby

repealed.

SECTION 4. That this Ordinance shall be posted at City Hall as required by law.

The within and foregoing Ordinance was introduced and read on first reading before the City

Commission of the City of Holly Hill, Florida, at its regular meeting held in Commission Chambers

at City Hall on the 22nd day of November, 2011.

Ord. 2905 11/22/2011 3

It was moved by Commissioner __ and seconded by Commissioner that said

Ordinance be approved on first reading. A roll call vote of the Commission held on said motion for

approval of the Ordinance resulted as follows:

Mayor Roy Johnson ___

Commissioner John Penny ___

Commissioner Rick Glass ___

Commissioner Donnie Moore ___

Commissioner Liz Towsley-Patton ___

The within and foregoing Ordinance was introduced and read on the second reading

before the City Commission of the City of Holly Hill, Florida, at its regular meeting held in

Commission Chambers at City Hall on the day of _______, 2011.

It was moved by Commissioner and seconded by Commissioner ____ that

said Ordinance be adopted. A roll call vote of the Commission held on said motion to adopt the

Ordinance resulted as follows:






Whereupon, the Mayor of the City of Holly Hill, Florida, has hereunto set his official

Ord. 2905 11/22/2011 4

signature, duly attested by the City Clerk, and has caused the official seal of said City to be affixed,

all at City Hall in the City of Holly Hill, this _ day of , 2011, for the purpose of authenticity

as is required by law.

City of Holly Hill, Florida

_________________________________

Roy Johnson, Mayor

_________________________________

James A. McCroskey, City Manager

Attest:

_________________________________

Valerie Manning, City Clerk

STAFF REPORT City of Holly Hill

Community Development Department

Z-2011-10 Portable Storage Unit Maximum Size

Page 1 of 3

Board of Planning and Appeals

Agenda Item

INTRODUCTION: This is an administrative application to amend Section 114-745 of the City Code regulating portable storage units to add a maximum size for portable storage units in residential neighborhoods. BACKGROUND: Earlier this year we addressed a case where temporary storage containers were located on a residential lot. Temporary storage units are allowed by Sec. 114-745, but the code does not include a size limit on residential storage. During the consideration of this application it was suggested that a maximum size be established.

DISCUSSION: The code section on portable storage units was intended to permit and regulate off-site storage units that are temporarily located on private property to allow for loading, unloading and temporary storage for periods of construction and other temporary storage needs. PODS is one of the brands of this type of unit. In the past year the City has been encountering a increase in storage units that are 40 foot long like containerized shipping units. Our code currently has no maximum size.

We researched the standard sizes for storage containers across a range of providers. The largest container is 16 long by 8 feet high and 8 feet wide. The following table shows the largest dimensions for a variety of companies. There may be other providers in addition to this sampling, but it seems reasonable to manage the size of the unit based on the major providers.

The key dimension is length of the portable container. By limiting the maximum length of the container to 16 feet, we can accommodate the majority of users in the market place and maintain a service that is oriented to a residential neighborhood The larger 40 foot long containers that we have been encountering would then be prohibited.

DATE: November 7, 2011

SUBJECT: Portable Storage Units

APPLICANT: City of Holly Hill

NUMBER: Z-2011-10

PLANNER: Thomas Harowski, AICP




Page 2 of 3

Company Length Width Height

Door-to-Door 8’ 5’ 7’

Pack Rat 16’ NA NA

PODS 16’ 8’ 8’

U-Pack 6’3” 7’ 8’4”

Units 16’ NA NA

Smart Box 8’ 5’ 7’

RECOMMENDATION: The staff is recommending the maximum size of a container be limited to 16 feet. The amended code section could read as follows: Sec. 114-744. Portable storage units.

(a) Definition: A portable storage unit is any enclosed structure that does not require a building permit, is not required to be anchored according to the city's adopted building codes and is transported by truck or trailer for placement upon residential property for the purpose of short-term storage as defined herein

(b) Vendors of portable storage units, to include lessors, are required to notify the city in writing, by letter, fax or e-mail, of the placement of a portable storage unit within the city limits. Such notice shall contain the residential address of the placement, the name of the occupant at such residential address and the anticipated duration of the placement.

(c) Time limitation: A portable storage unit shall be permitted at one residential location for a period not to exceed 30 days in any six consecutive months. Code administrator can extend it for 30 days and anything beyond that has to come before the city commission to grant a 30-day extension upon proof of hardship.

(d) Size Limitation: A portable storage unit placed on residential property or land zoned for residential use shall not exceed 16 feet in length.

(e) Placement: Portable storage units may be placed in any driveway area, but must be a minimum of 20 feet from the edge of any roadway and five from any side lot line.

(Ord. No. 2717, § 1, 2-22-05) Secs. 114-745--114-760. Reserved.




Page 3 of 3

The new language is indicated by the underline. No deletions are proposed, but the section on “placement” is re-designated as subsection “e”.

Last Updated: 11/18/2011 Page 1 of 1 Subject: Amendment to the Community Redevelopment Area



SUBJECT: Amendment to the Community Redevelopment Area

DISCUSSION: In July, the Community Redevelopment Agency recommended amendments to the CRA boundary to include the former Holly Hill Middle School land and to delete other lands from the CRA. On July 12th the City Commission adopted Resolution No. 2011-R-39 requesting approval from Volusia County to amend the CRA district boundaries. On September 8, 2011 the Volusia County Council adopted a resolution authorizing the City to make the recommended boundary adjustments. Myer Land Surveying has prepared a revised description for the CRA making the requested inclusions and deletions. The City Commission needs to adopt the revised boundaries as the next step in the process, and Ordinance 2906 has been prepared as the vehicle to accomplish this end. FISCAL ANALYSIS: This has no budgetary impact on the City. ATTACHMENT(S): Proposed Ordinance 2906 which includes the revised boundary description as Attachment “A”. STAFF RECOMMENDATION: Approve Ordinance 2906 COMMISSION GOAL: Goal #3: Implement the CRA master plan with a focus on the best utilization of vacant properties and blighted properties in the city. Attention should also focus on infrastructure improvements within the district and strategies to encourage private investment and business retention. MOTION: APPROVE FIRST READING OF ORDINANCE 2906, OF THE CITY OF HOLLY HILL, FLORIDA ADOPTING A REVISED BOUNDARY DESCRIPTION FOR THE HOLLY HILL COMMUNITY REDEVELOPMENT AGENCY.

Ordinance 2906 Revised CRA Boundary Description

Page 1 of 12

ORDINANCE NO. 2906

AN ORDINANCE OF THE CITY OF HOLLY HILL, FLORIDA ADOPTING A REVISED BOUNDARY DESCRIPTION FOR THE HOLLY HILL COMMUNITY REDEVELOPMENT AGENCY; PROVIDING FOR CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the City Commission duly advertised and adopted Resolution No.

2011-R-39 on July 12, 2011 approving the additions and deletions to the community redevelopment

district boundaries and requesting the county council approve the requested boundary modifications;

and

WHEREAS, the Volusia County Council adopted Resolution No. 2011- __ on

September 8, 2011 authorizing the City of Holly Hill to make the proposed amendments to the

community redevelopment district boundaries: and

WHEREAS, the City Commission has directed the preparation of a revised legal

description of the Holly Hill Community Redevelopment Area by a certified land surveyor.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF HOLLY HILL,

FLORIDA:

SECTION 1. The City Commission of the City of Holly Hill hereby adopts the legal

description prepared by Myer Land Surveying date November 11, 2011 and provided as Attachment

A as the legal description for the Holly Hill Community Redevelopment Area.


Page 2 of 12


Ordinance, or application hereof, is for any reason held invalid or unconstitutional by any Court,




repealed.


The within and foregoing Ordinance was introduced and read on first reading before

the City Commission of the City of Holly Hill, Florida, at its regular meeting held in Commission

Chambers at City Hall on the 22nd day of November, 2011.

It was moved by Commissioner ___ and seconded by Commissioner that said

Ordinance be approved on first reading. A roll call vote of the Commission held on said motion for

approval of the Ordinance resulted as follows:







Page 3 of 12

The within and foregoing Ordinance was introduced and read on the second reading


Commission Chambers at City Hall on the ___ day of ___, 2011.

It was moved by Commissioner and seconded by Commissioner _ that









Page 4 of 12

Whereupon, the Mayor of the City of Holly Hill, Florida, has hereunto set his official

signature, duly attested by the City Clerk, and has caused the official seal of said City to be affixed,

all at City Hall in the City of Holly Hill, this ____ day of , 2011, for the purpose of

authenticity as is required by law.


_________________________________

Roy Johnson, Mayor

_________________________________


Attest:

_________________________________



Page 5 of 12

Attachment A MYER LAND SURVEYING

Incorporated Michael M. Myer, Professional Surveyor and Mapper Bachelor of Land Surveying, University of Florida

Phone 386255-6304 Fax. 386 255-6306 316 Ridgewood Avenue Holly Hill, Florida

32117

LEGAL DESCRIPTION HOLLY HILL COMMUNITY REDEVELOPMENT AREA

[Revised November 11, 2011]

BEGINNING AT THE POINT of intersection of the north line of the J.M. Hernandez Grant, said line being also the westward prolongation of the north line of Section 43, Township 14 South, Range 32 East, and the easterly line of Lot 13, Block 14, Rio Vista, Section "B", Map Book 6 Page 150 (re-recorded Map Book 22, page 159) of the Public Records of Volusia County, Florida; thence northerly along the said easterly line of said Lot 13 to the southeasterly corner of Lot 14, Block 14; thence continue northerly along the easterly line of said Lot 14 to a point of intersection in the easterly line of said Lot 14; thence continue along said easterly line of said Lot 14, Block 14, to an intersection with the southerly right-of-way line of Aragon Street and the northeast corner of said lot 14; thence continue northerly crossing said Aragon Street to a point in the northerly right-of-way line thereof; thence easterly along said northerly right-of-way line of Aragon Street to the intersection with the westerly line of South Ridgewood Avenue (Ridge Avenue), a 100 foot right-of-way; thence northerly along the westerly line of said South Ridgewood Avenue to an intersection with the northerly line of Castilla Street, a 50 foot right-of-way, as shown on said plat of Rio Vista Section "B"; thence westerly along the northerly line of said Castilla Street to the easterly line of U.S. Highway 1 (S.R.5/Yonge Street); thence northerly along said easterly line of U.S. Highway 1 to an intersection with the easterly extension of the northerly line of Lot 22, Block 26, Rio Vista Section "A", Map Book 6 Page 25 (re-recorded Map Book 22, page 67); thence westerly along said Lot 22, Block 26 and the easterly extension thereof to the northwest corner said Lot 22; thence southerly along the westerly said Lot 22 to the northeast corner of Lot 3, Block 26, aforesaid; thence westerly along said northerly line Lot 3, Block 26 and the westerly extension thereof to an intersection with the westerly right-of-way line of Espanola Avenue; thence southerly along the westerly right-of-way line said Espanola Avenue to an intersection with the northeast corner of Lot 6, Block 28, aforesaid Rio Vista Section "A"; thence westerly along the north line of said Lot 6, Block 28, to the southeast corner of Lot 4, Block 28; thence northerly along the easterly line of said Lot 4, Block 28, to the northeast corner of Lot 4, Block 28; thence westerly along the northerly line of said Lot 4, Block 28 to the easterly right-of-way line of Parque Drive; thence southerly along said easterly right-of-way line to an intersection with the northerly right-of-way line of Calle Grande; thence easterly along said northerly right-of-way line to an intersection with the westerly right-of-way line of U.S. Highway No. 1; thence southerly along said westerly right-of-way line to an intersection with the centerline of


Page 6 of 12

Colorado Street an unopened road; thence westerly along said centerline to an intersection with the northerly extension of the westerly line of Lot 17, Block 27, said Rio Vista Section "B", thence southerly along the westerly line of said Lot17, Block 27, to the centerline of a vacated 25 foot alley; thence westerly along said centerline to an intersection with the northerly extension of the easterly line of Lot 5, said Block 17; thence southerly along said easterly line to the northerly right-of-way line of Aragon Street; thence easterly along said northerly right-of-way line to an intersection with the westerly right-of-way line of U.S. Highway No. 1; thence northerly along said westerly right-of-way line to an intersection with the northerly right-of-way line of Calle Grande, a 100 foot right-of-way; thence westerly along said northerly right-of-way line to the point of intersection with the westerly right-of-way line of the Florida East Coast Railway, a 100 ft. right-of-way; thence southerly along said westerly right-of-way line of the Florida East Coast Railway to the point of intersection with the southerly right-of-way line of Alabama Avenue, a 50 ft. right-of-way; thence westerly along said southerly right-of-way line of Alabama Avenue to the northwesterly comer of Lot 18, Block 28, Mary C. Fleming Subdivision of the Thomas Fitch Grant, as recorded in Map Book 1, Page 1 (12-39), Public Records of Volusia County, Florida; thence southerly along the westerly lot line of Lot 18, to the southwesterly corner thereof; thence westerly along the northerly line of Lot 26, Block 28 to the northwesterly corner of the easterly 215 feet of Lot 26, Block 28, Mary C. Fleming Subdivision aforesaid; thence southerly along the westerly line of the easterly 215 feet of Lot 26, Block 28, Mary C. Fleming Subdivision aforesaid to the point of intersection with the southerly right of way of Flomich Street; thence easterly along the southerly right of way of Flomich Street to the point of intersection with the centerline of an unnamed canal; thence southerly along the centerline of said canal to an intersection with the southerly right-of-way line of 15th Street (Argentina Street), a 50 ft. right-of-way; thence westerly along said southerly right-of-way line of 15th Street to the point of intersection with the easterly right-of-way line of Park Street, a 40 ft. right-of-way; thence southerly along said easterly right-of-way line of Park Street to the point of intersection with the westerly right-of-way line of Holly Hill Avenue, a 40 ft. right-of-way; thence southerly along said westerly right-of-way line of Holly Hill Avenue to the point of intersection with the easterly prolongation of the northerly line of Lot 16, Block 3, Canal Park Subdivision, Map Book 9, Page 112; thence westerly along said prolongation and the northerly line of Lot 16 to the point of intersection with the easterly right-of-way line of Park Street; thence southerly along said right-of-way line to the point of intersection with the northerly lot line of Lot 26, Block 33, Fleming Fitch, Map Book 1, Page 1 (12-39); thence westerly along said northerly line of Lot 26 to the point of intersection with the easterly right-of-way line of Graham Avenue, a 30 ft. right-of-way; thence southerly along said easterly right-of-way line of Graham Avenue to the northwesterly corner of Parcel Number 4242-04-33-0261, also known as the northerly 70 feet of the southerly 257 feet of the westerly 100 feet of Lot 26, Block 33 Fleming’s Subdivision of the Thomas Fitch Grant as per map recorded in Map Book 1, page 1 of the Public Records of Volusia County, Florida; thence easterly along a line parallel to the northerly line of said Lot 26, a distance of 100 ft. to the northeasterly corner of said Parcel Number 4242-04-33-0261; thence southerly along a line parallel to said easterly right-of-way line of Graham Avenue to the point of intersection with the northerly right-of-way line of 13th Street (Walker Street), a 50 ft. right-of-way; thence easterly along said northerly right-of-way line of 13th Street to an intersection with the northerly prolongation of the easterly line of Parcel Number 4242-40-37-0020; thence southerly along said prolongation to southeasterly corner of said Parcel Number 4242-40-37-0020, being described as the West 129 feet of the North 300 feet of the East 180 feet of the


Page 7 of 12

North 8 chains of Lot 37, Hopkins’ Survey of the Thomas Fitch Grant, as per Map recorded in Deed Book C, page 79 (re-recorded in Map Book 12, page 115) of the Public Records of Volusia County, Florida; thence westerly along the southerly line of said Parcel Number 4242-40-37-0020 to the southwesterly corner thereof; thence southerly along the westerly line of Parcel Number 4242-40-36-0120 also being described as the west 248.8 feet of the North 8 chains of Lot 36, excepting the North 25 feet thereof, and the East 180 feet of the North 8 chains of Lot 37 excepting therefrom the West 129 feet of the North 300 feet of said Hopkins’ Survey of the Thomas Fitch Grant, to the southwesterly corner thereof and intersecting the northerly line of Vet Cave Subdivision as per map recorded in Map Book 6, Page 7, (re-recorded in Map Book 15, page 6) Public Records of Volusia County, Florida; thence easterly along said northerly line to the northeasterly corner of said Vet Cave Subdivision; thence southerly along the easterly line of said Vet Cave Subdivision to the northeasterly corner of Lot 21, Vet Cave Subdivision; thence westerly along the northerly lot line of said Lot 21 to the point of intersection with the easterly right-of-way line of Cave Avenue; thence southerly along said easterly right-of-way line to the point of intersection with the northwesterly corner of Lot 4, Vet Cave Subdivision; thence westerly along the westerly prolongation of the northerly lot line of said Lot 4 to the northeasterly corner of Lot 3, Vet Cave Subdivision; thence westerly along the northerly lot line of Lots 3, 2, and 1, and the westerly prolongation of Lot 1, Vet Cave Subdivision, to a point on the westerly right-of-way line of Graham Avenue, a 40 ft. right-of-way; thence northerly along said westerly right-of-way line of Graham Avenue a dis-tance of 5 ft., more or less, to the northeasterly corner of Lot 4, Block D, Powers Allotment, Map Book 6, Page 142, Public Records of Volusia County Florida; thence westerly along the northerly lot line of Lots 4, 3, 2, and 1, and the westerly prolongation of said Lot 1 to the point of intersection with the westerly right-of-way line of Jarecki Avenue; thence northerly along said westerly right-of-way line of Jarecki Avenue to the northeasterly corner of Lot 54, Block C, Powers Allotment; thence westerly along the northerly lot line of said Lot 54 to the southeasterly comer of Lot 6, Block C, Powers Allotment; thence northerly along the easterly line of said Lot 6 and Lots 7, 8, 9, 10 and 11, Block C, Powers Allotment to the northeasterly corner of said Lot 11; thence westerly along the northerly lot line of said Lot 11 to the point of intersection with the easterly right-of-way line of Bender Avenue, a 40 ft. right-of-way; thence southerly along said easterly right-of-way line of Bender Avenue to the northwesterly corner of Lot 6, Block C, Powers Allotment; thence westerly along the westerly prolongation of the northerly lot line of said Lot 6 to the northeasterly corner of Lot 53, Block B, Powers Allotment; thence westerly along the northerly line of said Lot 53 to the northwesterly corner of said Lot 53; thence southerly along the westerly line of said Lot 53 and Lot 54, Block B, Powers Allotment to the northeasterly corner of Lot 2, Block B, Powers Allotment; thence westerly along the northerly line of said Lot 2 and Lot 1, Block B, Powers Allotment to the point of intersection with the easterly right-of-way line of Powers Avenue, a 40 ft. right-of-way; thence westerly along the westerly prolongation of said northerly line of Lots 2 and 1 to the point of intersection with the westerly right-of-way line of Powers Avenue and the southeasterly corner of Lot 54, Block A, Powers Allotment; thence northerly along said westerly right-of-way line of Powers Avenue to the northeasterly corner of Lot 51, Block A, Powers Allotment; thence westerly along the northerly lot line of said Lot 51 and Lot 8, Block A, Powers Allotment; thence westerly along the westerly prolongation of said Lots 51 and 8, to the point of intersection with the westerly right-of-way line of Center Avenue (Maas Avenue), a 70 ft. right-of-way; thence northerly along the westerly right-of-way of Center Avenue, (Maas Avenue), a 70 foot right-of -way, to an intersection with the southerly right-of-way of Walker Street (13th Street), a 50


Page 8 of 12

foot right-of-way; thence westerly along said southerly right-of-way of Walker Street to an intersection with the westerly line of the easterly 84.92 feet of Lot 4, Block 35 of said Fleming's Subdivision of the Thomas Fitch Grant, Map Book 1, page 1 (12-39); thence southerly along said westerly line of the easterly 84.92 feet of said Lot 4, Block 35, Fleming's Subdivision of the Thomas Fitch Grant, aforesaid, to an intersection with the northerly line of Lot 31, Block 35, Fleming's Subdivision of the Thomas Fitch Grant, aforesaid; thence westerly along the northerly line of Lot 31, Block 35, Fleming's Subdivision of the Thomas Fitch Grant, aforesaid, to the northwesterly corner of Parcel Number 4242-04-35-0310 as recorded in Official Records Book 3731, page 4678 of the Public Records of Volusia County, Florida; thence southerly along the westerly line of aforesaid Parcel number 4242-04-35-0310, aforesaid to an intersection with the northerly line of Parcel Number 4242-40-39-0012 and the northerly line of the southerly 200 feet of Block 39, Hopkins’ Map of the Thomas Fitch Grant, thence westerly along the northerly line of Parcel Number 4242-40-39-0012 and the northerly line of the southerly 200 feet of Block 39, Hopkins’ Map of the Thomas Fitch Grant to an intersection with the easterly line of Parcel Number 4242-40-39-0050 as recorded in Official Records Book 3633 page 1211, Public Records of Volusia County, Florida; thence northerly along the easterly line of said Parcel Number 4242-40-39-0050 to the northeasterly corner thereof; thence westerly along the said northerly line of Parcel Number 4242-40-39-0050 to an intersection with the easterly right of way line of Nova Road (S.R. 5A); thence southerly along said easterly right of way of Nova Road to an intersection with the easterly prolongation of the northerly line of Parcel Number 4242-40-40-0180 as recorded in Official Records Book 4885, pages 4321 and 4322; thence westerly along said easterly prolongation of the northerly line of Parcel Number 4242-40-40-0180 to an intersection with the westerly right-of-way line of Mistletoe Drive, a 50 foot right-of-way; thence southeasterly along said westerly right-of-way to an intersection with the southerly right-of-way line of L.P.G.A. Boulevard; thence northeasterly along said southerly right-of-way to an intersection with the westerly right-of-way line of Hickory Avenue, a 50 foot right-of-way as shown on the plat of Wilkerson Replat, Map Book 23, Page 112, Public Records, Volusia County, Florida; thence run southeasterly along said westerly right-of-way to an intersection with the westerly extension of the southerly line of the northerly 25 feet of Lot 44, aforesaid Wilkerson Replat; thence northeasterly along said southerly line and the westerly extension thereof to an intersection with the westerly line of lot 47, said Wilkerson Replat; thence continue northeasterly along the southerly line of the north 200 feet of Lot 47, Wilkerson Replat, aforesaid and the prolongation of said southerly line of the north 200 feet of Lot 47 to an intersection with the easterly right-of-way line of Nova Road, State Road 5A; thence southerly along said easterly right-of-way line to an intersection with the southerly line of Parcel Number 4242-40-30-0060 as recorded in Official Records Book 6326, page 3010; thence easterly along said southerly line to the southeasterly corner of said Parcel Number 4242-40-30-0060; thence northerly along the easterly line of Parcel Number 4242-40-30-0060 to an intersection with the southerly line of Parcel Number 4242-40-30-0012 being described as the northerly 200 feet southerly of L.P.G.A. Boulevard of the westerly 470.98 feet of the easterly 1119.69 feet of Lot 30, Hopkins’ Subdivision of the Thomas Fitch Grant, aforesaid; thence easterly along the southerly line of Parcel Number 4242-40-30-0012 and the easterly prolongation thereof to an intersection with the westerly line of Parcel Number 4242-0J-00-0001 described as Parcel A, Great Oaks Subdivision Unit 1, as per map recorded in Map Book 44, page 78 of the Public Records of Volusia County, Florida; thence southerly along said westerly line of Parcel A to the southwesterly corner thereof; thence easterly along said southerly line to the southeasterly corner of said Parcel A; thence northerly


Page 9 of 12

along the easterly line of said Parcel A to the southwesterly corner of Lot 17, Great Oaks Subdivision, aforesaid; thence easterly along the southerly line of said Lot 17 and the easterly extension thereof to an intersection with the easterly right of way of Great Oaks Drive, a 50 foot right of way; thence southerly along said easterly right of way to the southwesterly corner of Lot 13 of Great Oaks Subdivision Unit 1, aforesaid; thence easterly along the southerly line of said Lot 13 to the southeasterly corner thereof and an intersection with the westerly line of Cherokee Park Subdivision 4th Addition as per map recorded in Map Book 36, page 190 of the Public Records of Volusia County, Florida; thence northerly along said westerly line of said Cherokee Park Subdivision 4th Addition to the southwesterly corner of Lot 110, said Cherokee Park Subdivision 4th Addition; thence easterly along the southerly line of said Lot 110 and the easterly extension thereof to an intersection with the easterly right of way of Chippewa Trail, a 50 foot right of way; thence northerly along said easterly right of way to the southeasterly corner of Lot 102, Cherokee Park Subdivision 4th Addition; thence easterly along the southerly line of Lots 102, 103, and 104 of Cherokee Park Subdivision 4th Addition to the easterly line of Cherokee Park Subdivision 4th Addition and also being the westerly line of Cherokee Park Subdivision 3rd Addition, as per map recorded in Map[ Book 34, page 178 of the Public Records of Volusia County, Florida; thence northerly along said westerly line to the northwesterly corner of said Cherokee Park Subdivision 3rd Addition; thence easterly along the northerly line of said Cherokee Park Subdivision 3rd Addition and Cherokee Park Subdivision 2nd Addition, as per map recorded in Map Book 34, page 134 of the Public Records of Volusia County, Florida to the northeasterly corner of said Cherokee Park Subdivision 2nd Addition and the westerly line of Cherokee Park Subdivision 1st Addition as per map recorded in Map Book 26, page 94 of the Public Records of Volusia County, Florida; thence northerly along said westerly line of Cherokee Park Subdivision 1st Addition to the southwesterly corner of Lot 18, Cherokee Park Subdivision 1st Addition; thence easterly along the southerly line of said Lot 18 and the easterly extension thereof and the southerly line of Lot 15, Cherokee Park Subdivision 1st Addition to the southeasterly corner of Lot 15 and an intersection with the westerly line of Cherokee Park Subdivision as per map recorded in Map Book 19, page 231 of the Public Records of Volusia County, Florida: thence southerly along said westerly line of Cherokee Park Subdivision to the southwesterly corner of Lot 16, Cherokee Park Subdivision, aforesaid; thence easterly along the southerly line of said Lot 16 and the easterly extension thereof to an intersection with the easterly right of way of Center Avenue, a 66 foot right of way and the westerly line of Wellworth Village Unit Number One as per map recorded in Map Book 11, page 170 of the Public Records of Volusia County, Florida; thence northerly along the westerly line of said Wellworth Village Unit Number One to the northwesterly corner of Lot 1, Block 2, Wellworth Village Unit Number One and the southerly right of way of Stuart Drive, a 50 foot right of way; thence easterly along the southerly line of said Stuart Drive and the easterly extension thereof to an intersection with the easterly line of said Wellworth Village Unit Number One and the westerly line of Holly Manor Plat 2, as per map recorded in Map Book 19, page 54 of the Public Records of Volusia County, Florida; thence southerly along the said westerly line of Holly Manor Plat 2 to the southwesterly corner of Lot 3, Holly Manor Plat 2: thence easterly along said southerly line of Lot 3, Holly Manor Plat 2 and the easterly extension thereof to the easterly right of way of Alta Drive, a 50 foot right of way; thence northerly to the southwesterly corner of Lot 16, of said Holly Manor Plat 2; thence easterly along the southerly line of said Lot 16 to the easterly line of Holly Manor Plat 2; thence southerly along said easterly line of Holly Manor Plat 2 and the easterly line of Holly Manor as per map recorded in Map Book 11, page 198 of the Public Records of Volusia County, Florida and the southerly


Page 10 of 12

extension thereof to the southerly line of 10th Street, a 50 foot right of way; thence easterly along the southerly right of way of said 10th Street to the northeasterly corner of Parcel Number 4244-01-08-0031 as recorded in Official Records Book 4759, pages 3932-3934, inclusive of the Public Records of Volusia County, Florida and being the centerline of the Grove Canal; thence southerly along the centerline of said Grove Canal to the point of intersection with the southerly right-of-way line of 6th Street, a 60 ft. right-of-way; thence westerly along said southerly right-of-way line of 6th Street to the easterly line of Clifton Park Subdivision, Map Book 23, Page 36, Public Records of Volusia County, Florida; thence southerly along said easterly line of Clifton Park Subdivision to the point of intersection with the northerly right-of way line of Third Street (Wisconsin Avenue), a 50 ft. right-of-way; thence easterly along said northerly right-of-way line of Third Street to the point of intersection with the centerline of Grove Canal; thence southerly along the centerline of Grove Canal an intersection with the westerly line of Parcel Number 4244-01-29-0012 described as the Northeast 1/4 of Lot 1, except the North 25 feet of the West 25 feet, Block 29, Mason and Carswell’s Subdivision as per map recorded in Map Book 2, page 90 (re-recorded in Map Book 12, pages 3 and 4) of the Public Records of Volusia County, Florida; thence southerly along said westerly line of Parcel Number 4244-01-29-0012 to the southwesterly corner thereof and an intersection with a line running parallel to and midway between 2nd and 3rd Streets, said line being also the city limits of the City of Holly Hill; thence easterly along said line to the westerly right-of-way line of the Florida East Coast Railway, a 100 ft. right-of-way, thence southerly along said westerly right-of-way line to a point in the center line of Mason Avenue as mapped out in Mason and Carswell's Subdivision of the southerly portion of the Thomas Fitch Grant; thence northeasterly along the center line of said Mason Avenue to the point of intersection with the westerly right-of-way line of Beach Street (also known as Dixie Highway and Ormond-Daytona Road); thence northerly along the westerly right-of-way line of said Beach Street to the point of intersection with the southerly right-of-way line of 2nd Street (formerly known as Forest Avenue), a 100 ft. right-of-way; thence easterly along said southerly right-of-way line of 2nd Street an intersection with a seawall forming the westerly bank of the Halifax River (per 1976 aerial photograph); thence northerly along said seawall to the point of intersection with the northerly line of Section 37, Township 15 South, Range 33 East, said section line being also the easterly prolongation of the centerline of 3rd Street, a 100 ft. right-of-way; thence westerly along said centerline of 3rd Street to the point of intersection with the southerly prolongation of the easterly line of Lot 18, Block 23, Mason and Carswell's Subdivision, Map Book 2, Page 90 (12-4), Public Records of Volusia County, Florida, also being the southerly extension of the westerly line of Parcel Number 4244-01-23-0190 per Official Records Book 4483, page 4691; thence northerly to the northwesterly corner of said Parcel Number 4244-01-23-0190; thence easterly along the northerly line of said Parcel Number 4244-01-23-0190 and Parcel Numbers 4244-01-23-0191 (Official Records Book 5289, page 2430), 4244-01-23-0192 (Official Records Book 4138, page 0304), 4244-01-23-0193 (Official Records Book 4504, page 1554) to an intersection with the westerly line of Parcel Number 4244-01-23-0201 (Official Records Book 4085, page 0733); thence northerly along the westerly line of said Parcel Number 4244-01-23-0201 and Parcel Numbers 4244-01-23-0202 (Official Records Book 6308, page 0701), 4244-01-23-0210 (Official Records Book 3940, page 3820) to an intersection with the southerly line of Parcel Number 4244-01-23-0220 (Official Records Book 5601, page 2923); thence westerly along said Parcel Number 4244-01-23-0220 to the southwesterly corner of said Parcel Number 4244-01-23-0220; thence northerly along the westerly line of said Parcel Number 4244-01-23-0220 and Parcel Number 4244-01-23-0240 (Official Records Book


Page 11 of 12

4645, page 2355) to the northwesterly corner of said Parcel Number 4244-01-23-0240 and the point of intersection with the westerly right-of-way line of Miriam Street, a 50 ft. right-of-way; thence northerly along said westerly right-of-way line and the prolongation of said right-of-way line to the point of intersection with the southeasterly corner of Lot 7, Block 15, Mason and Carswell's Subdivision; thence northerly along the easterly line of Lots 7 through 12, Block 15, Mason and Carswell's Subdivision, and the prolongation of the easterly line of said Lot 12, to the southeasterly corner of Lot 7, Block 14, Mason and Carswell's Subdivision; thence northerly along the easterly line of Lots 7 through 12, Block 14, Mason and Carswell's Subdivision, and the prolongation of the easterly line of said Lot 12, to the southeasterly corner of Lot 7, Block 12, Mason and Carswell's Subdivision; thence northerly along the easterly line of Lots 7 through 12, Block 12, Mason and Carswell's Subdivision, and the prolongation of the easterly line of said Lot 12, to the point of intersection with the southerly line of Avondale Park Plat 1, as recorded in Map Book 6, Page 145 (14-87), Public Records of Volusia County, Florida, said line being also the northerly right-of-way line of 9th Street, a 60 ft. right-of-way; thence westerly along said southerly line of Avondale Park Plat 1 to the point of intersection with the westerly right-of-way line of Hartford Drive, a 40 ft. right-of-way; thence northerly along said westerly right-of-way line of Hartford Drive to the point of intersection with the northerly right-of-way line of 10 Street, a 60 ft. right-of-way; thence easterly along said northerly right-of-way line to the westerly right-of-way line of Daytona Avenue, a 60 ft. right-of-way; thence northerly along said westerly right-of-way line of Daytona Avenue to the point of intersection with the centerline of the 11th Street Canal; thence westerly along said centerline of the 11th Street Canal to the point of intersection with easterly line of the easterly 1/2 of Lot 2, Replat Block 2, Mason and Carswell's Holly Hill Subdivision, Map Book 2, Page 113 (12-132); thence northerly along said easterly line of the easterly 1/2 of Lot 2 and the prolongation of said easterly line of the easterly 1/2 of Lot 2 to the point of intersection with the northerly right-of-way line of L.P.G.A. Boulevard (11th Street); thence easterly along said northerly right-of-way line of L.P.G.A. Boulevard to the southeasterly corner of Lot 3, Block 6, J. Fitch Walker Subdivision, Map Book 4, Page 158 (15-110), Public Records of Volusia County, Florida; thence northerly along the easterly line of said Lot 3 and the easterly line of Lots 14, 13, 12 and 11, Block 6, J. Fitch Walker Subdivision, to the point of intersection with the southerly right-of-way line of 12th Street (New York Street), a 60 ft. right-of-way; thence northerly along the northerly prolongation of the easterly line of said Lot 11 to the point of intersection with the northerly right-of-way line of 12 Street, said point being also the southeasterly corner of the westerly 1/2 of Lot 17, Block 7, J. Fitch Walker Subdivision; thence northerly along the easterly line of the westerly 1/2 of said Lot 17 and the easterly line of the westerly 1/2 of Lot 7, Block 7, J. Fitch Walker Subdivision, to the point of intersection with the southerly right-of-way line of Walker Street, a 60 ft. right-of-way; thence northerly along the prolongation of the easterly line of the westerly 1/2 of said Lot 7 to the point of intersection with the northerly right-of-way line of Walker Street; thence westerly along said northerly right-of-way line of Walker Street to the point of intersection with the easterly right-of-way line of Woodward Avenue, a 40 ft. right-of-way; thence northerly along said easterly right-of-way line of Woodward Avenue to the northwesterly comer of Lot 4, Block D, Holly Hill Heights #3, Map Book 20, Page 112, Public Records of Volusia County, Florida; thence northeasterly along the northerly line of said Lot 4 and Lots 5 and 6, Block D, Holly Hill Heights #3, to the northeasterly corner of said Lot 6, said northeasterly comer of Lot 6 being also a point on the southerly right-of-way line of 15th Street, a 50 ft. right-of-way; thence northerly along a line perpendicular to said southerly right-of-way line of 15th Street to the point of intersection


Page 12 of 12

with the centerline of said 15th Street; thence westerly to the point of intersection with the southerly prolongation of a line running parallel to, and 15 ft. easterly of, the easterly line of Lots 1 through 19, Block 4, Rio Vista "Sec C", Map Book 10, Page 69, Public Records of Volusia County, Florida; thence northerly along said line running parallel to Lots 1 through 19 and the prolongation thereof to the point of intersection with the northerly right-of-way line of Flomich Avenue (Santiago Street), a 50 ft. right-of-way, said point being approximately 175 ft. easterly of the easterly right-of-way line of U.S. 1 (S.R. 5); thence westerly along the northerly right-of-way line of said Flomich Avenue a distance of approximately 5 feet to the southeasterly corner of the westerly 40 ft. of Lot 35, Block 9, Rio Vista "Sec C"; thence northerly along the easterly line of the westerly 40 ft. of said Lot 35 and the easterly line of the westerly 40 feet of Lot 34, Block 9, Rio Vista "Sec C" to the point of intersection with the southerly line of Lot 33, Block 9, Rio Vista "Sec C", thence westerly along said southerly line of Lot 33 to the point of intersection with the easterly line of Lot 3, Block 9, Rio Vista "Sec C"; thence northerly along the easterly line of said Lot 3 and the easterly line of Lots 4 through 20, Block 9, Rio Vista "Sec C" to the point of intersection with the southerly right-of-way line of Granada Street, a 50 ft. right-of-way; thence northerly along the northerly prolongation of the easterly line of Lots 4 through 20, Block 9, Rio Vista "Sec C" to the southeasterly corner of Lot 1, Block 14, Rio Vista "Sec C"; thence northerly along the easterly line of said Lot 1 and Lots 2 through 13, Block 14, Rio Vista "Sec C" to the point of intersection with the north line of the J. M. Hernandez Grant, said line being also the westward prolongation of the north line of Section 43, Township 14 South, Range 32 East and the POINT OF BEGINNING. Description revised by: Michael M. Myer, PSM Myer Land Surveying, Inc. 316 Ridgewood Avenue Holly Hill, Florida 32117 386 255-6304 telephone 386 255-6306 facsimile

Last Updated: 11/18/2011 Page 1 of 1 Subject: Amendment to Section 2-30 Salary, health and life insurance: expenses



SUBJECT: Amendment to Section 2-30 Salary, health and life insurance: expenses

DISCUSSION: Section 2-30(a) of the Code of Ordinances requires the City Commission to be paid in 26 bi-weekly installments. This issue should read bi-weekly only. There are often 25, 26 and 27 Thursday in the year. By setting the payments at bi-weekly the Finance Department will be able to administer this issue without creation of complex changes each year. FISCAL ANALYSIS: This will have no monetary change to the existing ordinance but will spread salaries over either 26 or 27 pay periods. ATTACHMENT(S): None STAFF RECOMMENDATION: Staff recommends approval of the bi-weekly change in the payment schedule. Staff recommends review of the other benefits and direction for this Commission or future Commissions. COMMISSION GOAL: Goal #1: Develop and maintain a sound and sustainable financial plan for the city that establishes sufficient reserves for all funds, ensures (whenever possible) that user fees pay for services rendered, provides a realistic capital improvement program, and encourages public/private sector partnerships and intergovernmental partnerships. MOTION: APPROVE FIRST READING OF ORDINANCE 2907, OF THE CITY OF HOLLY HILL, FLORIDA, AMENDING SECTION 2-30 (EXPENSE ALLOWANCE, HEALTH AND LIFE INSURANCE, AND HONORARIUM) TO PROVIDE THAT THE CITY COMMISSION MEMBERS SHALL BE COMPENSATED BI-WEEKLY.

Ord. 2907 11/22/2011 1

ORDINANCE NO. 2907

AN ORDINANCE OF THE CITY OF HOLLY HILL, FLORIDA, AMENDING SECTION 2-30 (EXPENSE ALLOWANCE, HEALTH AND LIFE INSURANCE, AND HONORARIUM) TO PROVIDE THAT THE CITY COMMISSION MEMBERS SHALL BE COMPENSATED BI-WEEKLY; PROVIDING FOR CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the City Commission believes it is important to limit the amount of

administrative effort to administer payroll; and

WHEREAS, this Ordinance does not change the amount of compensation being

paid to the commission members; and

WHEREAS, words which are underlined (underlined) are additions to the text

and words with strike through (strike through) the characters are deletions from the text.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION

OF THE CITY OF HOLLY HILL, FLORIDA:

SECTION 1. The City Commission of the City of Holly Hill hereby amends

Section 2-30 (a) to read as follows:

Sec. 2-30. - Salary, health and life insurance; expenses. (a) The annual salary for the city commission, except for the mayor, shall be $8,000.00, payable in 26 bi-weekly installments. The annual salary for the mayor shall be $12,000.00, payable in 26 bi-weekly installments.

Ord. 2907 11/22/2011 2

SECTION 2. If any section, subsection, sentence, clause, phrase, or portion of

this Ordinance, or application hereof, is for any reason held invalid or unconstitutional by any

Court, such portion or application shall be deemed a separate, distinct, and independent

provision, and such holding shall not affect the validity of the remaining portions or application

hereof.


repealed.

SECTION 4. That this Ordinance shall become effective immediately upon its

adoption.


The within and foregoing Ordinance was introduced and read on first reading


Commission Chambers at City Hall on the 22nd day of November, 2011.

Ord. 2907 11/22/2011 3

It was moved by Commissioner ___ and seconded by Commissioner ____ that

said Ordinance be approved on first reading. A roll call vote of the Commission held on said

motion for approval of the Ordinance resulted as follows:

ROLL CALL VOTE AS FOLLOWS: (Ordinance 2907):

Mayor Roy Johnson ____

Commissioner John Penny ____

Commissioner Rick Glass ____

Commissioner Donnie Moore ____

Commissioner Liz Towsley-Patton ____

ADOPTED THIS 22nd DAY OF NOVEMBER, 2011.

The within and foregoing Ordinance was introduced and read on the second

reading before the City Commission of the City of Holly Hill, Florida, at its regular meeting held

in Commission Chambers at City Hall on the ___ day of ____, 2011.

It was moved by Commissioner ____ and seconded by Commissioner _____ that



Ord. 2907 11/22/2011 4

ROLL CALL VOTE AS FOLLOWS: (Ordinance 2907):






ADOPTED THIS ___ DAY OF _____, 2011.

Whereupon, the Mayor of the City of Holly Hill, Florida, has hereunto set

his official signature, duly attested by the City Clerk, and has caused the official seal of said City

to be affixed, all at City Hall in the City of Holly Hill, this ___ day of ____, 2011, for the

purpose of authenticity as is required by law.


Roy Johnson, Mayor


Attest:


Last Updated: 11/18/2011 Page 1 of 1 Subject: Special Event Calendar 2012



SUBJECT: Special Event Calendar 2012 DISCUSSION: In accordance with City Ordinance Number 2660, the City Commission shall establish the Special Event dates for the City. A resolution has been prepared for your consideration. FISCAL ANALYSIS: Based on City Commission decision. ATTACHMENT(S): Resolution 2011-R-83 STAFF RECOMMENDATION: Modify as needed and approve. COMMISSION GOAL: N/A MOTION: APPROVE RESOLUTION 2011-R-83, BY THE CITY OF HOLLY HILL, FLORIDA DESIGNATING THE SPECIAL EVENT DATES FOR 2012.

of 3 Resolution 2011-R-83 November 22, 2011

RESOLUTION NO. 2011-R-83

A RESOLUTION BY THE CITY OF HOLLY HILL, FLORIDA DESIGNATING THE SPECIAL EVENT DATES FOR 2012, AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the City of Holly Hill has the opportunity to serve as a host for

Special Events and to promote leisure services, recreation opportunities, and community-based

events for the pleasure and cultural enrichment of our citizens and visitors; and

WHEREAS, the City of Holly Hill has determined that it is in the best interest of

its residents and businesses to specifically list the Special Events that the City will acknowledge

in 2012:

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION

OF THE CITY OF HOLLY HILL, FLORIDA:

SECTION 1. The City Commission hereby declares the following as Special

Events in the City of Holly Hill:

2012 Hogs on the Hill March 9-19, 2012

Easter Egg Hunt April

Relay for Life April

Real McCoy Rum Festival May 11-12, 2012

Hot Rods on The Hill June 17

Biketoberfest October 12-18, 2012

Trunk-or-Treat October 31, 2012

Christmas Tree Lighting Ceremony November 30, 2012

53rd Annual Christmas Parade December 1, 2012


SECTION 2. This Resolution shall take effect immediately upon its adoption.

The within and foregoing Resolution was read before the City Commission of the

City of Holly Hill, Florida at its regular meeting held in Commission Chambers at City Hall,

1065 Ridgewood Avenue, Holly Hill, Florida on the 22nd day of November, 2011.

It was moved by Commissioner ___ and seconded by Commissioner ___ that said

Resolution be adopted. A roll call vote of the Commission on said motion of the Resolution

resulted as follows:

ROLL CALL VOTE AS FOLLOWS: (Resolution 2011-R-83)





Commissioner Liz Towsley Patton ___



WHEREAS, the Mayor of the City of Holly Hill, Florida, has hereunto set his

official signature, duly authorized by the City Clerk, and has caused the official seal of said City

to be affixed, all at the City Hall in the City of Holly Hill, this 22nd day of November, 2011, for

the purpose of authenticity as is required by law.


_________________________________

Roy Johnson, Mayor

_________________________________


Attest:

_________________________________


Last Updated: 11/18/2011 Page 1 of 1 Subject: Civic Center Designation of The Market



SUBJECT: Civic Center Designation of The Market DISCUSSION: The City has renovated the property at 101 2nd Street and intends to create a community gathering place for events, weddings, receptions, and conferences. In order to fully promote this venue as a place for special events and functions, a permit for alcoholic beverages is recommended. The State of Florida recognizes this as part of a Civic Center’s activities, and has a license that allows the sale and consumption of alcoholic beverages at these venues. The Market’s viability to book additional special events, conferences, and weddings will be enhanced by the Civic Center designation. FISCAL ANALYSIS: The cost of the license is approximately $1900 annually. ATTACHMENT(S): Resolution 2011-R-84 STAFF RECOMMENDATION: Approve. COMMISSION GOAL: Goal #2: Enhance City aesthetics through beautification and maintenance of city property and public rights of way, consistent enforcement of zoning and property maintenance codes, and development of reasonable design standards and a corresponding process which is applicable to all new developments and business improvements in the city. Goal #3: Implement the CRA master plan with a focus on the best utilization of vacant properties and blighted properties in the city. Attention should also focus on infrastructure improvements within the district and strategies to encourage private investment and business retention. Goal #5: Promote a small town city “branding” that focuses on the city’s accessible staff and interactive use of technologies (i.e. city website), the city’s business friendly approach to attract and retain business, and the city’s available open space, parks, and waterfront amenities that enhance the quality of life for citizens. MOTION: APPROVE RESOLUTION 2011-R-84, BY THE CITY OF HOLLY HILL, FLORIDA DESIGNATING THE MARKET AS A CIVIC CENTER.

Res. 2011-R-84 11/22/2011 1


A RESOLUTION OF THE CITY OF HOLLY HILL, FLORIDA, DESIGNATING 101 SECOND STREET AS A CIVIC CENTER; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTING RESOLUTIONS; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the City has renovated the property and facilities located at 101

Second Street with the intent to create a location for public gathering and events, including The 2nd

Street Public Market and other City sponsored or approved functions, and renting the facility to the

public for private events such as weddings, conferences and receptions; and

WHEREAS, to be able to fully promote this venue as a place for special

events and functions, the City believes that the facility should have a liquor license that will allow

alcoholic beverages to be sold and/or consumed on the premises; and

WHEREAS, there is a special liquor license for civic centers that are owned

by political subdivisions of the State, which the City qualifies for.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY

COMMISSION OF THE CITY OF HOLLY HILL, FLORIDA:

SECTION 1. The City Commission of the City of Holly Hill hereby

designates the property and facilities located at 101 Second Street, Holly Hill, Florida as a civic

center, which is a place where the public can gather for City sponsored or approved events and

functions as well as a facility that can be rented out by the City for private events and functions.

Res. 2011-R-84 11/22/2011 2

SECTION 2. If any section, subsection, sentence, clause, phrase, or portion

of this Resolution, or application hereof, is for any reason held invalid or unconstitutional by any

Court, such portion or application shall be deemed a separate, distinct, and independent provision,

and such holding shall not affect the validity of the remaining portions or application hereof.

SECTION 3. That all resolutions made in conflict with this Resolution are

hereby repealed.

SECTION 4. That this Resolution shall become effective immediately upon

its adoption.

The within and foregoing Resolution was read before the City Commission of

the City of Holly Hill, Florida, at its regular meeting held in commission chambers at City Hall,

1065 Ridgewood Avenue, Holly Hill, Florida, on the 22nd day of November, 2011.

It was moved by Commissioner and seconded by Commissioner __

that said Resolution be adopted. A roll call vote of the Commission on said motion of the Resolution

resulted as follows:






Res. 2011-R-84 11/22/2011 3

WHEREAS, the Mayor of the City of Holly Hill, Florida, has hereunto set his

official signature, duly authorized by the City Clerk, and has caused the official seal of said City to

be affixed, all at the City Hall in the City of Holly Hill, this 22nd day of November, 2011, for the

purpose of authenticity as is required by law.


_________________________________

Roy Johnson, Mayor

_________________________________


Attest:

_________________________________


Last Updated: 11/18/2011 Page 1 of 1 Subject: FY 2010-2011 Amended Budget



SUBJECT: FY 2010-2011 Amended Budget

DISCUSSION: Per Florida Statute 166.241 the City of Holly Hill may amend its budget throughout the year and up to 60 days following end of the budget year. This budget amendment is the annual year-end “clean-up” amendment, adjusting both revenues estimates to reflect actual year end revenues and adjusting expenditures to reflect appropriated adjustments and actual expenditures. ATTACHMENT(S): Amended Budget Summary FY 2010-11 STAFF RECOMMENDATION: Approve Resolution 2011-R-85 amending the Fiscal Year 2010-2011 Budget. COMMISSION GOAL: DEA Goal #1: Develop and maintain a sound and sustainable financial plan for the city that establishes sufficient reserves for all funds, ensures (whenever possible) that user fees pay for services rendered, provides a realistic capital improvement program, and encourages public/private sector partnerships and intergovernmental partnerships. MOTION: APPROVE RESOLUTION 2011-R-85, AMENDING THE FISCAL YEAR 2010-2011 APPROPRIATIONS BUDGET.



A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF HOLLY HILL, VOLUSIA COUNTY, FLORIDA, AMENDING THE FINAL BUDGET FOR THE CITY OF HOLLY HILL FOR THE FISCAL YEAR 2010-2011; AND PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the City of Holly Hill of Volusia County Florida, set forth the

amended appropriations and revenue estimate for the Budget for Fiscal Year 2010-2011.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY

COMMISSION OF THE CITY OF HOLLY HILL, FLORIDA AS FOLLOWS:

SECTION 1. The Fiscal Year 2010-2011 final Budget shall be amended

per “Attachment A”.

SECTION 2. SEVERABILITY. If any section or portion of a section of

this Resolution proves to be invalid, unlawful, or unconstitutional, it shall not be held to

invalidate or impair the validity, force, or effect of any other section or part of this

Resolution.

SECTION 3. EFFECTIVE DATE. This Resolution shall take effect

immediately upon adoption by the City Commission.

.


The within and foregoing Resolution was read before the City Commission

of the City of Holly Hill, Florida at its regular meeting held in Commission Chambers at

City Hall, 1065 Ridgewood Avenue, Holly Hill, Florida on the 22nd day of November,

2011.

It was moved by Commissioner _____ and seconded by Commissioner

_____ that said Resolution be adopted. A roll call vote of the Commission on said motion

of the Resolution resulted as follows:

ROLL CALL VOTE AS FOLLOWS: (Resolution 2011-R-85):








WHEREAS, the Mayor of the City of Holly Hill, Florida, has hereunto set

his official signature, duly authorized by the City Clerk, and has caused the official seal of

said City to be affixed, all at the City Hall in the City of Holly Hill, this 22nd day of

November, 2011, for the purpose of authenticity as is required by law.


Roy Johnson, Mayor

_________


Attest:


CITY OF HOLLY HILLAMENDED BUDGET

REVENUEFY 2010-2011

ORIGINAL AMENDED INCREASE PERCENT BUDGET BUDGET (DECREASE) OF

REVENUES 2010-2011 2010-2011 CHANGE

General Fund 7,226,987 7,085,284 -141,703 -1.96%Local Option Fuel Tax 120,900 117,200 -3,700 -3.06%Recreation R&R 0 10,500 10,500 100.00%Law Enforcement Impact Fees 0 20,000 20,000 100.00%Fire Impact Fees 0 11,100 11,100 100.00%Road Impact Fees 0 19,300 19,300 100.00%Park Impact Fees 0 1,400 1,400 100.00%Law Enforcement Trust Fund 0 21,000 21,000 100.00%Holly Hill Explorers Fund 0 1,700 1,700 100.00%Holly Hill PAL Fund 0 6 6 100.00%Red Light Traffic Camera SRF 0 77,400 77,400 100.00%Community Redevelopment Trust 5,715,800 2,010,900 -3,704,900 -64.82%Community Development Block Grant 0 129,200 129,200 100.00%Local Law Enforcement Block Grant 0 12,600 12,600 100.00%Capital Projects Fund 0 0 0 0.00%Solid Waste 1,617,000 1,625,700 8,700 0.54%Stormwater Management 901,200 900,200 -1,000 -0.11%Water & Sewer System 7,471,932 9,665,800 2,193,868 29.36%

GRAND TOTAL 23,053,819 21,709,290 -1,344,529 -5.83%

CITY OF HOLLY HILLAMENDED BUDGET

EXPENDITURESFY 2010-2011

ORIGINAL AMENDED INCREASE PERCENTEXPENDITURES / EXPENSES BUDGET BUDGET (DECREASE) OF

2010-2011 2010-2011 CHANGE

General Fund 7,226,987 7,085,284 -141,703 -1.96%Local Option Fuel Tax Fund 120,900 117,200 -3,700 -3.06%Recreation R&R 0 10,500 10,500 0.00%Law Enforcement Impact Fees 0 20,000 20,000 0.00%Fire Impact Fees 0 11,100 11,100 0.00%Road/Transportaion Impact Fees 0 19,300 19,300 0.00%Park Impact Fees 0 1,400 1,400 0.00%Law Enforcement Trust Fund 0 21,000 21,000 100.00%Holly Hill Explorers 0 1,700 1,700 100.00%Holly Hill PAL 0 6 6 100.00%RLTC 0 77,400 77,400 100.00%Community Redevelopment Trust Fund 5,715,800 2,010,900 -3,704,900 -64.82%Community Development Block Grant 0 129,200 129,200 0.00%Local Law Enforcement Block Grant 0 12,600 12,600 0.00%Capital Projects Fund 0 0 0 0.00%Enterprise FundsSolid Waste 1,617,000 1,625,700 8,700 0.54%Stormwater Management 901,200 900,200 -1,000 -0.11%Water & Sewer 7,471,932 9,665,800 2,193,868 29.36%

GRAND TOTAL 23,053,819 21,709,290 -1,344,529 -5.83%

Last Updated: 11/18/2011 Page 1 of 1 Subject: Special Use Permit



SUBJECT: Special Use Permit

DISCUSSION: At present, the Staff can only issue Special Event Permits. Those permits can only be issued during the dates of Special Events shown on the City calendar. This process is complete and staff has been following the guidelines for the issue of the permit. There are some events that arise from the public on occasion that are used for fundraising. Those events are not allowed in the land use regulations due to the issues related to tents, set back, parking, signs, banners and other issues which create a conflict with the codes. Staff has drafted a set of guidelines for those events which are used for fundraising for non-profit purposes. The events must be tied to a non-profit group and are not intended to create a special event situation which is used as a business generator for profit like the Special Event Ordinance. FISCAL ANALYSIS: Dependent upon Commission action. ATTACHMENT(S): Resolution 2011-R-86 STAFF RECOMMENDATION: Staff recommends approval of the Special Use Permit for non-profit events. COMMISSION GOAL: Goal #1: Develop and maintain a sound and sustainable financial plan for the city that establishes sufficient reserves for all funds, ensures (whenever possible) that user fees pay for services rendered, provides a realistic capital improvement program, and encourages public/private sector partnerships and intergovernmental partnerships. MOTION: APPROVE RESOLUTION 2011-R-86, OF THE CITY OF HOLLY HILL, FLORIDA, APPROVING A SPECIAL USE PERMIT.

Res. 2011-R-86 11/22/2011 1

RESOLUTION NO. 2011-R-86

A RESOLUTION OF THE CITY OF HOLLY HILL, FLORIDA, APPROVING A SPECIAL USE PERMIT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTING RESOLUTIONS; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Boys and Girls Club has requested to conduct a special event on the

property located at Smokehouse Saloon & Grill, 144 Ridgewood Avenue, Holly Hill, FL.; and

WHEREAS, the City previously established an administrative special event permit;

and

WHEREAS, the City staff believes that until a formal special event permit is created

by the City Commission, a special event permit should be reviewed and approved by the City

Commission.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF

THE CITY OF HOLLY HILL, FLORIDA:

SECTION 1. The City Commission hereby approves the Special Event Permit

attached hereto marked as Exhibit “A”.


Resolution, or application hereof, is for any reason held invalid or unconstitutional by any Court,



SECTION 3. That all resolutions made in conflict with this Resolution are hereby

repealed.

Res. 2011-R-86 11/22/2011 2

SECTION 4. That this Resolution shall become effective immediately upon its

adoption.

The within and foregoing Resolution was read before the City Commission of

the City of Holly Hill, Florida, at its regular meeting held in commission chambers at City Hall,

1065 Ridgewood Avenue, Holly Hill, Florida, on the 22nd day of November, 2011.

It was moved by Commissioner and seconded by Commissioner

that said Resolution be adopted. A roll call vote of the Commission on said motion of the

Resolution resulted as follows:

ROLL CALL VOTE AS FOLLOWS: (Resolution 2011-R-86)






Res. 2011-R-86 11/22/2011 3

WHEREAS, the Mayor of the City of Holly Hill, Florida, has hereunto set his official signature, duly authorized by the City Clerk, and has caused the official seal of said City to be affixed, all at the City Hall in the City of Holly Hill, this 22nd day of November, 2011, for the purpose of authenticity as is required by law.


_________________________ Roy Johnson, Mayor

_________________________________ James A. McCroskey, City Manager

Attest:

_________________________________ Valerie Manning, City Clerk

Last Updated: 11/18/2011 Page 1 of 1 Subject: Joint Participation Agreement with the Florida Dept. of Transportation & the City of Holly Hill



SUBJECT: Joint Participation Agreement with the Florida Dept. of Transportation and the City of Holly Hill

DISCUSSION: The City applied for a $150,000 grant to place a Mast Arm light at the intersection of US1 and 2nd Street. The grant was awarded by the Florida Department of Transportation for the Mast Arm. In order to secure the grant the City of Holly Hill will need to approve a Joint Participation agreement for the grant. The City will conduct advertisement for bids for this improvement. FISCAL ANALYSIS: This item is cost neutral to the City. ATTACHMENT(S): Joint Participation Agreement between Florida Department of Transportation and the City of Holly Hill. STAFF RECOMMENDATION: Staff recommends approval of $160,000 which includes $10,000 for contingency, to construct a Mast Arm traffic light at the corner of US 1 and 2nd Street. COMMISSION GOAL: N/A MOTION: STAFF RECOMMENDS APPROVAL.

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