FEBRUARY 20, 1997 7:00 PM

REGULAR CITY COMMISSION MEETING

HELD AT CITY HALL COMMISSION CHAMBERS

Present were: Mayor Dave Hood, Commissioners Jeffrey J. Boyle, David L. Schecter, Ed Kelley, Carl G. Persis, City Manager Eugene Miller, City Attorney Fred S. Disselkoen, and City Clerk Veronica Patterson.

A G E N D A

1) Meeting called to order by Mayor Hood.
2) Invocation given by Reverend Beth Haskins, Ormond Beach Presbyterian Church.
3) Pledge of Allegiance.
4) Approval of the Minutes of the February 6, 1996, meeting.

5) PRESENTATIONS:

- Plaque of appreciation to Fred Gamble.
- Plaque of appreciation to Guy Eby.
- Employee-of-the-Year award to John Bodien.
- Proclamation honoring the Seabreeze High School girls’ soccer team.

6) AUDIENCE REMARKS:

7) CONSENT AGENDA:

A) Resolution No. 96-48 approving an application to provide services as a Fixed Based Operator at the Ormond Beach Municipal Airport. (Rams Aviation of Ormond Beach, Inc.)
B) Resolution No. 96-49 amending Resolution No. 95-136 renewing the cable television franchise of Tomoka Cable, approving the request for an extension of time for Tomoka Cable TV to provide an emergency alert system.
C) Resolution No. 96-50 authorizing the execution of a First Amendment to that contract for sale and purchase approved by Resolution No. 95-191. (Meadows Property)
D) Resolution No. 96-51 reducing the size of the Board of Commissioners of the Ormond Beach Housing Authority from seven to five members; ratifying membership and terms.
E) Resolution No. 96-52 authorizing the execution of an amendment to the Fiscal Year 1992-93 Community Development Block Grant Subrecipient Agreement between the City and the County of Volusia.
F) Resolution No. 96-53 authorizing the execution of an amendment to the Fiscal Year 1994-95 Community Development Block Grant Subrecipient Agreement between the City and the County of Volusia.
G) Resolution No. 96-54 authorizing the execution of an amendment to the Fiscal Year 1995-96 Community Development Block Grant Subrecipient Agreement between the City and the County of Volusia.
H) Resolution No. 96-55 authorizing the execution of a Maintenance Contract Renewal, to extend the current Highway Maintenance Agreement with the Florida Department of Transportation for one (1) year.
I) Resolution No. 96-56 exercising the City’s option to renew its Agreement with Evensen Dodge, Inc., for financial consulting services.
J) Resolution No. 96-57 accepting a proposal to provide the engineering services necessary to phase out the Breakaway Trails wastewater treatment plant and redirect the wastewater flow to the eastern wastewater treatment facility; rejecting all other proposals; authorizing the execution of a work authorization and payment therefor.
K) Resolution No. 96-59 authorizing the execution of a settlement agreement regarding rubber membrane roof.
L) Referral to staff - Wilmette Avenue/Main Trail/Nova Road proposed traffic control modifications.
DISPOSITION: Accept recommendation as stated in City Manager memorandum dated February 15, 1996.
M) Request for authorization to join with other coastal cities in seeking Attorney General’s opinion relative to beach driving.
DISPOSITION: Accept recommendation as stated in City Manager memorandum dated February 15, 1996.

8) PUBLIC HEARING relative to the Southwest Interchange Complex Planned Business Development. (Paul Holub, Jr., requests continuance to April 16, 1996 - item continued from December 19, 1995)

9) RESOLUTION No. 96-58 appointing a voting alternate to attend MPO meetings during the absence of the two (2) voting members.

10) Reports, Suggestions, Requests: Mayor, City Commission, City Manager, City Attorney

(11) Close the Meeting.



Item #1 - Call to Order

Mayor Hood called the meeting to order at 7:00 p.m.

Item #2 - Invocation

The invocation was given by Reverend Beth Haskins, Ormond Beach Presbyterian Church.

Item #3 - Pledge of Allegiance

Mayor Hood led in the Pledge of Allegiance.

Item #4 - Approval of Minutes

Mayor Hood advised the minutes of the February 6, 1996, meeting had been sent to the Commissioners for review and asked if there were any corrections, additions, or omissions. If none, he asked for a motion to approve the minutes as submitted.

Commissioner Schecter moved, seconded by Commissioner Persis, for approval of the minutes as submitted.

Item #5 - Presentations

Fred Gamble - Neighborhood Improvement Advisory Board
Mayor Hood presented a plaque to Mr. Fred Gamble in appreciation of his years of service from 1979 to 1995 as a member of the Neighborhood Improvement Advisory Board and as a Quality of Life Board Member in 1995. He stated the quality of our community is improved through the efforts of volunteers such as Mr. Gamble.

Guy Eby - Airport Advisory Board
Mayor Hood presented a plaque to Mr. Guy Eby in appreciation of his service as a member of the Airport Advisory Board from 1985 to 1996 and as chairman from 1994 to 1995. He stated much of the improvements made to the Ormond Beach Municipal Airport are a direct result of the efforts of the Airport Advisory Board.

John Bodien - Employee of the Year
Mr. Eugene Miller, City Manager, introduced Mr. John Bodien as Employee of the Year. He reported Mr. Bodien is responsible for the maintenance of the Airport Recreation Complex and the Nova Road Recreation Complex; and he expressed appreciation for his many years of exemplary service which have made our recreation areas outstanding. Mayor Hood presented Mr. Bodien with a plaque recognizing him as Employee of the Year, as well as a gift certificate, and thanked him for his service to the City.

Proclamation Honoring the Seabreeze High School Girls’ Soccer Team
Mayor Hood read a proclamation honoring the Seabreeze High School girls’ soccer team for winning the district and regional State 5A championships and for competing in the State championship in Tallahassee, Florida. He stated the entire community is proud of this effort and congratulated the members of the team for their achieving excellence and serving as positive role models to their peers.

Item #6 - Audience Remarks

Ormond Hotel Cupola
Mr. Bill Greening, 228 Riverside Drive, read a letter from Jane Robinson as Chairperson of the Ormond Beach Historical Trust, clarifying the Trust’s position regarding the Ormond Hotel cupola. He stated the Board is vigorously opposed to any change in their proposed plan, The Historical Interpretive Center, and asked that the City fund the project. He advised that, for an estimated $35,000 investment, Fortunato Park would be enhanced with a significant historical landmark, embracing the Ormond Hotel era. The project consists of the restoration and preservation of the Ormond Hotel cupola, which they hope to have supported by a one-story base structure, with the walls exhibiting historic artifacts of Ormond Beach and the Hotel. He reported the construction engineering has been completed for the restoration; and if desired, the construction could be performed by the design engineer, Robert Bullard or himself. He stated $35,000 is a small price to pay for preserving this bit of history for our citizens and our visitors, and he asked that the Commission approve the funding.

Item #7 - Consent Agenda

Mayor Hood advised the action proposed to be taken for each item on the Consent Agenda is so stated on the agenda. He asked if any member of the Commission had any questions or wished to discuss any one or more of the items separately.

Commissioner Schecter asked that Item No. 7(G) be discussed separately.

Commissioner Schecter moved, seconded by Commissioner Kelley, for approval of the Consent Agenda minus Item No. 7(G).

Item #7(G) - Amendment to the 1995-96 CDBG Subrecipient Agreement

Commissioner Kelley moved, seconded by Commissioner Schecter, for approval of Resolution No. 96-54, as read by title only.

Commissioner Schecter thanked Glenn Sweeney, Grants Coordinator, Mr. Miller and staff for making sure these funds are available and will stay within the area. He requested that staff advise the Commission by the second City Commission meeting in March as to whether the scope of work on this project can be expanded to include storm gutters, either high-backed curves or v-curbs, and right-of-way landscaping, installed concurrently with the expansion of the sidewalk. He asked that it be considered whether there are CDBG funds that can be used toward this project; and if not, a determination made as to the cost to the City.

Mr. Miller agreed to provide this information by the second meeting in March.

Commissioner Persis thanked staff for this effort on behalf of the children who use the sidewalks.

Item #8 - Southwest Interchange Complex PBD

Mayor Hood advised the applicant has asked that this item be continued to April 16, 1996. He asked if there were any members of the audience who wished to address the Commission on this item who cannot attend said meeting; there was no response.

Commissioner Schecter moved, seconded by Commissioner Kelley, to continue this item to the April 16, 1996, City Commission meeting.

Item #9 - Voting Alternate to Attend MPO Meetings

Commissioner Schecter moved, seconded by Commissioner Persis, for approval of Resolution No. 96-58, with Commissioner Edward I. Kelley to serve as the alternate member.

Mayor Hood explained that the City has two (2) seats on the Metropolitan Planning Organization (MPO) until the reallocation of voting members occurs, with himself as one member and Commissioner Schecter as the second member. He advised this Resolution provides for an alternate voting member in the event that he or Commissioner Schecter cannot appear at an MPO meeting during the period of time that the City has two (2) seats.

Item #10 - Reports, Suggestions, Requests

Utilization of Fleet Operations Facility
Commissioner Schecter stated he had requested a review of utilizing the Fleet Operations facility by private entities at the January 16, 1996, meeting, and he asked that this review be provided at the next meeting.

Benjamin Drive, Palmetto Avenue Barricade
Commissioner Schecter stated the barricade at Benjamin Drive and Palmetto Avenue which was discussed at the last meeting has simply been moved from one location to another behind the home of the citizen who requested that it be removed, Ms. Helen Swim. He asked that Chief Robert Stewart address this situation once again.

Utilization of TIF District Funds
Commissioner Schecter asked if the definition of the uses of TIF District funds or expansion of the district itself can be reviewed at the second City Commission meeting in March in order to utilize more of those funds.

FDOT Median at Nova Road and State Road 40
Commissioner Persis questioned the status of the FDOT median at the intersection of Nova Road and State Road 40; and Mayor Hood advised he has a meeting scheduled for the first part of March with Nancy Houston regarding this issue. Mayor Hood advised Senator Burt has also contacted Ms. Houston regarding this issue.

Recognition of Academic Achievement
Commissioner Persis expressed approval of the recognition given the Seabreeze High School girls’ soccer team and other sports teams; and he asked that the City Commission also recognize students who have excelled academically.

Mayor Hood agreed with Commissioner Persis’ proposal and asked that he develop a program whereby these students can be recognized by the City Commission.

Addition of Architect to Litigation Re City Hall Roof
Mr. Fred Disselkoen, City Attorney, advised there being no basis for the addition of the architect to litigation regarding the City Hall roof, the City would not add the architect unless so directed by the Commission. The Commission did not elect to pursue this.

Clarification on Wilmette Avenue/Nova Road Intersection
Mayor Hood clarified that the City Commission has agreed to have a traffic study done regarding the Wilmette Avenue/Nova Road intersection but has not receded from the prior City Commission commitment to this area.

Item #11 - Close the Meeting

The meeting was adjourned at 7:21 p.m.

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