JUNE 3, 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 A. Walker, Mt. Calvary Independent Freewill Holiness Church.
  3. Pledge of Allegiance.
  4. Approval of the Minutes of the May 20, 1997, meeting.

  5. PRESENTATIONS:
  1. Proclamation honoring Father Lopez baseball team.
  2. Comprehensive Annual Financial Report for the fiscal year ended September 30, 1996.
  1. AUDIENCE REMARKS:

  2. CONSENT AGENDA:
  1. Resolution No. 97-94 appointing Scott Cichon as a Trustee of the City of Ormond Beach Firefighters’ Pension Trust Fund; establishing term and conditions of service.

  2. Resolution No. 97-95 reappointing Dennis Kennedy as a member of the Human Resources Board; setting forth term and conditions of service.

  3. Resolution No. 97-96 further amending Resolution No. 96-15 by further amending the City Commission meeting schedule for 1997; ratifying and confirming said Resolution No. 96-15, as amended. (Changing the July 15, 1997, meeting to July 22, 1997)

  4. Resolution No. 97-97 authorizing the execution of a Second Amendment to the Contract for Sale and Purchase of a portion of Lot 29, Airport Business Park, Phase I. (Ward Company)

  5. Resolution No. 97-98 approving an application to provide services as a Fixed Based Operator at the Ormond Beach Municipal Airport; authorizing the execution of a First Modification of Hangar Lease Agreement and an amended Memorandum of Lease Agreement. (Endeavor Aire, Inc.)

  6. Resolution No. 97-99 approving the assignment of a Service Agreement to Nextel Communications and authorizing the provision of said services by Communications Service Company pursuant to an Independent Sales Representative Agreement; ratifying all factions in furtherance thereof.

  7. Resolution No. 97-100 authorizing the execution of Change Order Number One (Final) to that contract authorized by Resolution No. 96-189, to decrease the contract price by $3,244.76 to $527,435.24. (McMahan Construction Company, Inc. - Breakaway Trails Sewage Pumping Station, Force Main and Appurtenances)

  8. Resolution No. 97-101 accepting a bid to install heating, ventilation, and air conditioning improvements in "The Casements"; rejecting all other base and alternative bids; authorizing the execution of a contract and payment therefor; authorizing the execution of deductive Change Orders. (Climatron - $110,373.00)

  9. Resolution No. 97-102 accepting a proposal to provide the engineering services necessary to upgrade Lift Station "8M"; rejecting all other proposals; authorizing the execution of a Work Authorization and payment therefor. (Regional Engineers, Planners & Surveyors, Inc. - Not-to-exceed $26,960.00)

  10. Resolution No. 97-103 accepting a proposal to maintain the State Road 40 medians between Nova Road (State Road 5A) and I-95; rejecting all other bids; authorizing the execution of all documents relative thereto. (Bon Terre Group, Inc. - $47,996.40)

  11. Resolution No. 97-104 relative to 1997 Fourth of July festivities; authorizing the execution of a Fireworks Display Contract. (Santore & Sons)

  12. Resolution No. 97-105 authorizing the submittal of a Subgrant Application for Anti-Drug Abuse Grant Funds for the Ormond Beach Police Athletic League program; authorizing the execution of a letter approving the distribution of $410,827.00 of Fiscal Year 1997-98 Anti-Drug Abuse Act of 1988 Funds in Volusia County.

  13. Order granting appeal regarding Craig lot frontage on property at 33 Seville.

DISPOSITION: Authorize Mayor to sign and issue.

  1. Order denying request for variance by Royal Petroleum, Inc., for striping on Texaco station.

DISPOSITION: Authorize Mayor to sign and issue.

  1. Request for authorization to seek Attorney General opinion on issue of whether the City Commission can delegate its canvassing obligation to a combined municipal canvassing board.

DISPOSITION: Approve as recommended in City Manager memorandum dated May 29, 1997.

  1. Determination of impact fee credit for the "Aberdeen" subdivision.

DISPOSITION: Approve as recommended in City Manager memorandum dated May 29, 1997.

  1. PUBLIC HEARINGS:
  1. Ordinance No. 97-24 further amending Ordinance No. 87-60, as previously amended, by deleting the residence located at 704 Buena Vista Avenue to the list of Historic Landmarks. (Second Reading)

  2. Rezonings:
  1. Ordinance No. 97-25 amending subsection B, Zoning Map, of Section 6.00, General, of Article VI, District Regulations, of the Land Development Code, by amending the Official Zoning Map to rezone certain real properties from Volusia County B5, Heavy Commercial (Volusia County), to B-8, Commercial. (Tuffy Auto Center - 0.64 acres)

  2. Ordinance No. 97-26 amending subsection B, Zoning Map, of Section 6.00, General, of Article VI, District Regulations, of the Land Development Code, by amending the Official Zoning Map to rezone certain real property from B-5, Service Commercial, to T-1, Manufactured Home Community. (Heflinger Parcel, South Nova Road - 1.36 acres)

  3. Ordinance No. 97-27 amending subsection B, Zoning Map, of Section 6.00, General, of Article VI, District Regulations, of the Land Development Code, by amending the Official Zoning Map to rezone certain real properties from B-10, Suburban Boulevard, B-8, Commercial. (Ormond Towne Commercial Center - 7.02 acres)

  4. Ordinance No. 97-28 amending subsection B, Zoning Map, of Section 6.00, General, of Article VI, District Regulations, of the Land Development Code, by amending the Official Zoning Map to rezone certain real property from B-5, Service Commercial, to I-1, Light Industrial. (Middle Portion of SR Perrott - 2.06 acres) (First Reading)

  5. Ordinance No. 97-29 amending subsection B, Zoning Map, of Section 6.00, General, of Article VI, District Regulations, of the Land Development Code, by amending the Official Zoning Map to rezone certain real properties from B-5, Service Commercial, and I-1, Light Industrial, to B-4, Central Business. (Scotty’s, Wendy’s and Southern/Office Portion of SR Perrott - 9.18 acres) (First Reading)

  6. Ordinance No. 97-30 amending subsection B, Zoning Map, of Section 6.00, General, of Article VI, District Regulations, of the Land Development Code, by amending the Official Zoning Map to rezone certain real properties from B4, General Commercial (Volusia County), to B-8, Commercial. (Regal Theaters - 13.32 acres) (First Reading)

  7. Ordinance No. 97-31 amending subsection B, Zoning Map, of Section 6.00, General, of Article VI, District Regulations, of the Land Development Code, by amending the Official Zoning Map to rezone certain real properties from SR, Suburban Residential, to R-3, Single-Family Medium Density. (Cloar/Coquina Presbyterian Church - 17.58 acres) (First Reading)

  8. Ordinance No. 97-32 amending subsection B, Zoning Map, of Section 6.00, General, of Article VI, District Regulations, of the Land Development Code, by amending the Official Zoning Map to rezone certain real property from B-1, Professional Office-Hospital, to B-9, Boulevard. (Omega 40 Health Club - 3.76 acres) (First Reading)
  1. FIRST READING OF ORDINANCES:
  1. Ordinance No. 97-33 relative to the Board of Adjustment and Appeals; amending Section 1.04 of the Land Development Code by expanding the variance jurisdiction of the Board to include height variances for fences and walls.

  2. Ordinance No. 97-34 relative to historic districts and landmarks; amending Section 10.03 of the Land Development Code by amending the notification requirements for designation procedures and for certificates of appropriateness.

  3. Ordinance No. 97-35 relative to historic districts and landmarks; amending Section 13.01 of the Land Development Code by establishing an application fee for the designation of historic landmarks, archaeological sites, or other notable features.

  4. Ordinance No. 97-36 further amending Ordinance No. 87-60, as previously amended, by adding the "Village Improvement Association Gardens" portion of the Ormond Beach Woman’s Club/Anderson-Price Memorial Library property, located at 42 North Beach Street, to the list of historic landmarks.
  1. Reports, Suggestions, Requests: Mayor, City Commission, City Manager, City Attorney.

  2. Close the meeting.

Item #1 - Call to Order

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

 

Item #2 - Invocation

The invocation was given by Reverend A. Walker, Mt. Calvary Independent Freewill Holiness 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 May 20, 1997, meeting had been sent to the Commissioners for review and asked if there were any corrections, additions, or omissions.

 

Commissioner Schecter moved, seconded by Commissioner Persis, to approve the minutes as submitted.

 

Call Vote: Commissioner Boyle yes
Commissioner Schecter yes
Commissioner Kelley yes
Commissioner Persis yes
carried. Mayor Hood yes

 

Item #5(A)- Proclamation Honoring Father Lopez Baseball Team

Mayor Hood read a proclamation honoring the Father Lopez "Green Wave" baseball team. He congratulated the players for their accomplishments, positive influence, and for being positive role models in the community. Coach Norm Yelverton stated the players in attendance participated in the Ormond Beach youth athletic programs, and he complimented the City on their outstanding recreation programs. Mayor Hood recognized that Ormond Beach’s Mark Christman and Doug Thomas of Father Lopez, and Chad Christiansen from Seabreeze High School, were named State all-star baseball players. Mr. Doug Thomas, Chairman of the Recreation Advisory Board and Vice Chairman of the Quality of Life Board, thanked the Commission for providing the fine recreation facilities such as the Wendlestadt fields for practice and game play, and he stated the quality of the fields is commendable. He requested the Commission’s continued high level of support for the recreation programs.

 

Item #5(B)- Comprehensive Annual Financial Report for Fiscal Year ending September 30, 1996

Mr. John Vodenicker, partner with Ernst & Young, stated the Annual Financial Report includes a clean opinion for the year, management letters, and various federal and state compliance reports required to be issued for grant programs. He distributed a financial overview, and referring to financial analysis balance sheets, he stated that the pensions have the largest fund balances. Mr. Vodenicker highlighted various information contained in the overview and pointed out that overall the City experienced positive revenue growth; ad valorem taxes declined on a per capita basis; and utility and franchise taxes are on a positive tract. He reported that operating expenditures declined over the year, which can be credited to the City’s efforts on productivity and privatization. He stated the two (2) major enterprise funds, water and sewer, experienced positive revenue growth; yet the operating expenses declined. With regard to refuse disposal, he stated this is the first full year of privatization, and the loss shown in the financial analysis is attributed to the landfill closure costs.

 

Mayor Hood stated that the report reflects the City gained money from operating costs, even with the requirement that the City record $1.6 million for the landfill closure liabilities. Mr. Vodenicker stated Mayor Hood’s statement is correct, and he emphasized that, from an operating standpoint, the City had a positive cash flow and under general accepted accounting principles, the City is required to record the future costs based on the percentage of how much the landfill is closed.

 

Mr. Vodenicker stated the remaining schedules reflect comparative financial analyses on a per capita dollar basis among the cities of Kissimmee, Altamonte Springs, Port Orange, and Ormond Beach. He stated the report addresses general government total revenues, tax revenues, ad valorem taxable assessed value, intergovernmental revenues, administrative expenditures, public safety expenditures, culture and recreation expenditures, debt service expenditures, days fund balance, enterprise fund equity, and city-wide long-term debt outstanding. He concluded that Ormond Beach has the lowest millage rate of any city used in the comparison; its government spending is sixty-four (64) and the median level of the cities compared is eighty-nine (89); public safety expenditures is at the median level of two-hundred and one (201); Ormond Beach spends more than any city in the comparison on culture and recreation; debt service is reflected at a higher rate because of the City’s general obligation debt; the City’s surplus is in good standing; the City’s enterprise fund is performing well; and Ormond Beach ranked second lowest in outstanding debt on a per capita basis. Mr. Vodenicker stated that overall the audit went well, and he addressed four (4) issues relative to government financial management of which the City should be apprised as follows: 1) the "year 2000 bug" which will potentially impact computer systems; 2) major accounting principal changes such as the requirement to present investment at fair value whereas before it has been presented at cost value; 3) a change in the way government reports its operations; and 4) the new government accounting position on how pensions will be recorded.

 

Mayor Hood stated that while the Commission sets the policy there is an understanding that it takes a qualified and competent staff to ensure that the policies result in a positive manner. He stated that according to the report, this City is very well financially run, and the cash position has increased to approximately $4 million. He complimented staff on their efforts and hard work which produced positive results.

 

Commissioner Boyle recognized the City is in a good financial position as a result of not only the staff’s hard work, but of the sound policies from previous Commissions.

 

Mayor Hood requested that quarterly financial reports be provided to the Commission.

 

Mr. Eugene Miller, City Manager, announced that there is a service award recipient among those present tonight, and he stated that person sets an example for the organization, has high energy, and is very dedicated which makes those around him better achievers in their work performance. He presented a five (5)-year service certificate and pin to Mayor Hood; whereby, Mayor Hood expressed appreciation for the recognition.

 

 

Item #6 - Audience Remarks

Citizen Information Seminar

Ms. Rita Press, 875 Wilmette Avenue, suggested that a seminar be given to the residents explaining the terms used on an agenda and the legal requirements for certain issues acted upon. Mayor Hood stated it should take no more than fifteen (15) minutes to explain the rules that relate to the agenda, and if Ms. Press gathered at least ten (10) citizens, staff will explain the procedures.

 

Southwest I-95 Complex

Ms. Press questioned the status of the penalties being assessed to the Southwest I-95 Complex development. Mayor Hood advised that staff is waiting for St. John’s River Water Management District (SJRWMD) to take action, after which the City’s Planning staff will review what, if any, additional action needs to be taken. Mayor Hood requested that Mr. Clay Ervin, Planning Director, meet with Ms. Press to explain why SJRWMD is involved in much of the permitting. Ms. Press asked what steps the City is taking to prevent these types of development errors from occurring, to which Mayor Hood stated there were several policy initiatives provided by Commissioner Boyle which will be scheduled over the next few agendas for discussion.

 

Appreciation of City Financial Situation

Mr. Joe Lipscomb, 22 Shadow Creek Way, complimented the City Commission and staff for the efficient manner in which this City operates, as reflected in the presentation of the financial report.

 

Code Enforcement - 740 Buena Vista

Mrs. Cheryl Sorrill, 728 Buena Vista Avenue, stated the property located at 740 Buena Vista Avenue has been in violation of City codes for years, and this problem has only recently been handled by the City. She stated there have been numerous complaints by neighbors regarding mean dogs running loose, loud and obscene music, a high level of traffic of non-tenants, and suspected drug activity at the residence. Mrs. Sorrill stated the neighbors have become terrorized victims with numerous break-ins, near break-ins, children threatened and verbally abused, and gang-like activity. She stated all of these actions are known by the Ormond Beach Police Department; however, not enough has been done by the Police to correct this situation. She stated she has been given excuses by the Police Department such as there is not enough man-power to give the protection that the neighborhood needs or wants. She expressed thanks to Todd Herget, Chief Building Official, for finally enforcing code violations, which means this dangerous element is now leaving the neighborhood; however, she expressed disappointment that the Commission allowed this neighborhood to go without the needed protection.

 

Mayor Hood responded that, with the exception of Commissioner Schecter, no other Commissioner has been made aware of this situation before tonight. With regard to code enforcement problems, he stated the Commission has concurred that the current system is not effective, and efforts are being made to develop a new system through the County Courts that should be implemented October 1, 1997, which will assess fines and possibly a jail term. He asked Chief Stewart to respond to the comments made by Mrs. Sorrill.

 

Commissioner Schecter stated he was contacted approximately one and one-half (1½) years ago about the residence in question, and at that point staff initiated action; however, this subject had not been readdressed until three (3) weeks ago. He stated he understood Mrs. Sorrill’s frustration and did not deny that the problems she expressed exist in the area. He agreed that the rights of the neighborhood have been violated by the actions that have taken place at 740 Buena Vista Avenue.

 

Mrs. Sorrill concurred that the Code Enforcement Division has done their part; however, the Police aspect is sorely lacking, and there are several residents and businesses in that area that are being affected by this illegal activity.

 

Commissioner Schecter proposed that a task force consisting of himself, the neighbors, Code Enforcement and the Police Department be assigned to address this activity. He advised that the police cannot speak publicly about ongoing investigations, and he expressed confidence that the Police Department will be successful in their efforts.

 

Chief Stewart sympathized with the residents in this neighborhood and explained they have been terrorized by one (1) male juvenile, with whom the Police Department is familiar. He stated this situation is a good case study to realize how important community policing is, and for all of the parties to be involved from the beginning. He stated if this same group present tonight had come to his office one (1) year ago, this problem would have been resolved. Chief Stewart agreed to work with Mrs. Sorrill and the neighbors on this issue.

 

Mrs. Sorrill stated the reason this situation has not been publicly heard prior to tonight is due to the fact that there are a lot of elderly residents who feel that if they speak out, they will be retaliated against. She apologized if her earlier statements were harsh, and she asked for the Commission’s and Police Department’s assistance in restoring the neighborhood to its peaceful condition. Mayor Hood expressed the Commission’s commitment to the neighborhood and asked Mrs. Sorrill to again appear before the Commission if a resolution is not reached between the residents and Chief Stewart.

 

A Buena Vista Avenue resident stated that he visited the Building Department to advise them of the situation at 740 Buena Vista Avenue and was told that the house had been inspected and found to be structurally sound. He disagreed with that decision and expressed dissatisfaction to the treatment he received and the lack of action taken in this matter. Mayor Hood requested that the Chief Building Official inspect the residence and give a report at the next meeting.

 

Ms. Cheryl Osborne, 136 Seville Street, reiterated the comments made by Mrs. Sorrill. She advised she has been assaulted and robbed, and the entire neighborhood is being terrorized. She pleaded to the people who own homes to extensively screen potential tenants. Mayor Hood expressed compassion to Ms. Osborne and suggested that the residents contact the owners of 740 Buena Vista because the City has no legal ability to tell property owners to whom they may or may not rent.

 

Ms. Sara Henley, owner of the property located at 740 Buena Vista Avenue, stated she was not aware of any criminal activity at the property. She clarified the tenants do not rent, but have a lease option to buy the home, and the condemnation actions taken by Code Enforcement did not affect the tenants, but negatively impacted her. Mayor Hood suggested that Ms. Henley and the residents meet with Chief Stewart to resolve this situation.

 

Commissioner Schecter requested that he, as well as Mr. Herget, be included in the meeting being scheduled by Chief Stewart.

 

Cordova Avenue Drainage Complaint

Ms. Jean Langston, 907 Cordova Avenue, stated she has a terrible flooding problem that is washing away the foundation under her residence. She distributed photographs illustrating the damage, and requested temporary assistance until her road is scheduled for permanent drainage improvements. Mayor Hood advised that the City Commission has adopted a Drainage Improvement Program, and he requested that Ms. Judy Grim, City Engineer, meet with Ms. Langston to explain when her project is scheduled to be funded.

 

Item #7 - Consent Agenda

Mayor Hood advised that 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 questions or wished to discuss any one or more of the items separately.

 

Commissioner Boyle asked that Item Nos. 7(J) and 7(O) be addressed separately.

 

Commissioner Kelley moved, seconded by Commissioner Persis, for approval of the Consent Agenda minus Item Nos. 7(J) and 7(O).

 

Call Vote: Commissioner Schecter yes
Commissioner Kelley yes
Commissioner Persis yes
Commissioner Boyle yes
carried. Mayor Hood yes

 

Item #7(J) - Recommendation to Award Bid - Grounds Maintenance Services on SR40

 

RESOLUTION NO. 97-103

A RESOLUTION ACCEPTING A PROPOSAL TO MAINTAIN THE STATE ROAD 40 MEDIANS BETWEEN NOVA ROAD (STATE ROAD 5A) AND I-95; REJECTING ALL OTHER PROPOSALS; AUTHORIZING THE EXECUTION OF ALL DOCUMENTS RELATIVE THERETO; SETTING FORTH AN EFFECTIVE DATE.

 

Commissioner Kelley moved, seconded by Commissioner Schecter, for approval of Resolution No. 97-103, as read by title only.

 

Commissioner Boyle stated this request is to award a contract in the amount of $48,000.00 which is $923.00 per week to mow, maintain, spray, prune and mulch. He stated Bon Terre does a good job mowing; however, there have been complaints about their grounds maintenance performance. He stated that if two (2) City employees were assigned to this project, it is his contention the City would still have approximately $10,000 to $15,000 remaining to buy the necessary equipment and/or materials. Commissioner Boyle stated that it is risky for the City to assign all of the grounds maintenance and mowing contracts to one (1) company.

 

Commissioner Schecter agreed with the statements made by Commissioner Boyle. He stated he received a listing of the mowing and grounds maintenance projects assigned to Bon Terre, and he stated the prices are excessive for the work being performed. Commissioner Schecter expressed concern to placing another contract with this company that is already a problem.

 

Mr. Ted MacLeod, Public Works Director, stated that Bon Terre is performing satisfactorily in the two (2) contracts that they currently hold, and he stated staff has not received a lot of complaints about their performance. He stated management does have areas of concern to ensure that Bon Terre performs satisfactorily, but noted that this is true with any company. Mr. MacLeod stated that staff conducted a brief review of what it would cost the City to perform this job in-house and decided that the City could not compete with the price submitted by Bon Terre. Mayor Hood questioned what the cost would be to perform this work in-house, to which Mr. MacLeod stated that staff did not prepare an actual proposal but estimated it would be $35,000 to $40,000.

 

Commissioner Kelley stated the price submitted by Bon Terre is fair, and he noted that the pest control cost alone was one-fourth of the total bid amount. He stated this was an open bidding process and all companies were invited to submit a proposal, to which Mr. MacLeod advised several competitive bids were received. Commissioner Kelley stated that Bon Terre has done a good job overall, and the contract can be terminated if the work is not being satisfactorily performed. He stated that State Road 40 from Nova Road to I-95 is a tremendously large area to maintain; it is highly visible, and it will be easy for staff to detect if the maintenance is inadequate.

 

Commissioner Persis questioned the City’s options if it does not award the bid to Bon Terre, to which Mr. Disselkoen advised the Commission has the option to reject all of the bids. Commissioner Persis agreed that the SR40 medians are highly visible and stated the City is guaranteed to receive complaints if Bon Terre does not perform satisfactory. Mr. MacLeod stated he will also be inspecting the medians.

 

Mayor Hood stated the City realized substantial savings when it awarded the bid for streetscape maintenance. He stated he is in favor of awarding this contract to Bon Terre since staff analysis determined that it will cost the City substantially more to do the work in-house and that the benefit the City would achieve by doing the work does not outweigh the cost differential.

 

Commissioner Schecter stated for clarification that staff did not state that it would cost substantially more to do the work in-house. Mr. MacLeod stated that staff conducted a cursory review and determined the City could not perform the work at a competitive cost.

 

Commissioner Boyle pointed out that Bon Terre is currently responsible for maintaining The Casements and Granada Boulevard Streetscape, and when this type of service deteriorates, it is not immediately noticed. He stated that complaints have been received from the garden clubs. He requested that an in-house analysis be conducted on every contract. Commissioner Boyle stated that one (1) of the factors lending to the City submitting a higher priced bid is because the City sold its surplus equipment, and he stated he had voiced opposition to selling the equipment when it was first being considered until time was given to assess Bon Terre’s performance. Commissioner Boyle stated that Bon Terre does not hire worker’s at the quality level of skill that the City considered when analyzing its in-house proposal. He stated that the paychecks and the profits to the company go out of town. He stated it intrigues him that on the large scale when talking about corporations, the Commission wants to attract large corporations and have value added jobs in the City, but on low level jobs and low level privatizations, the benefits are marginal at best. He stated that some of the higher level privatization results cannot be argued with, and the City is in very good financial shape, but at the lower level, he disagreed there were substantial savings. He stated he preferred to have these jobs performed in-house. Commissioner Boyle stated that he takes serious issue that people are dissatisfied with the appearance of the City; a number of citizens have done so as well, and they have written to the media that they are dissatisfied with the appearance of this City.

 

Mr. MacLeod stated that he has read the newspaper articles referenced by Commissioner Boyle and stated he is somewhat confused by them. He stated he has also read positive articles about the condition of this City, and people have told him that the City looks good and compliment the appearance of the gardens. He stated he has not received one (1) negative comment about the condition of the Streetscape, except for the complaints brought to his attention by Commissioner Boyle.

 

Mayor Hood stated he has received more compliments in the last year about the quality look of the City, especially along State Road 40, than he has received in the prior four (4) years. He stated he has received less complaints regarding Streetscape than he did when the City maintained it. Mr. MacLeod stated that there were problems with the Streetscape when it was not being properly maintained by the City, and when problems occur with Bon Terre, management will address them.

 

Mr. Miller stated that the issue being discussed is performance, and if the Commission wants a higher level of performance, staff is capable of managing that higher level of service.

 

Commissioner Schecter mentioned that this is not a vote on the beautification of everything in the City, this is a vote approving an award of bid to a particular company to perform a particular job. In that regard, he hoped there would have been more details provided by the City, and the direction has always been given to senior staff to include the City in the bidding process out of fairness to the employees and citizens.

 

Commissioner Boyle stated that, through the nature of the bidding process, there is the potential to lower the City’s commitment to the level of service by the money being spent. Commissioner Kelley stated that each bid contains specifications, and the process does not limit the quality of service.

 

Call Vote: Commissioner Kelley yes
Commissioner Persis yes
Commissioner Boyle no
Commissioner Schecter no
carried. Mayor Hood yes

 

Item #7(O) - Attorney General Opinion Regarding Combined Municipal Canvassing Board

 

Commissioner Boyle stated it appears the uniform election process is turning out to be a "Pandora’s box," and the uniformity presents contradictions with the City Charter. He stated he has been opposed to the uniform election concept from the beginning and does not agree that uniform elections will increase the City’s voter turnout. Commissioner Boyle anticipated the results of the uniform election will be lower turnout and disenfranchised voters. He stated that at the time the uniform election date was originally discussed, Mayor Hood recommended that the City would analyze the results of the first uniform election with the possibility of revisiting the issue. Commissioner Boyle stated that he is opposed to a combined municipal canvassing board.

 

Mayor Hood stated the Commission voted to approve participation in the uniform elections, and he agreed that if the uniform election date deters the participation of the citizens in the election process, the issue should be revisited. He stated this issue regards a combined municipal canvassing board, and he favored a combined canvassing board if the Attorney General agrees.

 

Commissioner Schecter expressed concern about the logistics of this item and suggested that it should have been a discussion item rather than a consent agenda item. He stated that he felt uncomfortable supporting a letter to the Attorney General and agreed with the recommendations stated in the City Manager’s and City Attorney’s memoranda that the City shall not participate in a combined municipal canvassing board.

 

Commissioner Kelley moved, seconded by Commissioner Persis, to approve sending a letter to the Attorney General for an opinion relative to a combined municipal canvassing board.

 

Call Vote: Commissioner Persis yes
Commissioner Boyle no
Commissioner Schecter no
Commissioner Kelley yes
carried. Mayor Hood yes

 

Item #8(A) -Removal of 704 Buena Vista Avenue from List of Historic Landmarks

Commissioner Kelley moved, seconded by Commissioner Persis, to close the public hearing on Item #8(A). The motion carried unanimously.

 

ORDINANCE NO. 97-24

AN ORDINANCE FURTHER AMENDING ORDINANCE NO. 87-60, AS PREVIOUSLY AMENDED, BY REMOVING THE RESIDENCE LOCATED AT 704 BUENA VISTA AVENUE FROM THE LIST OF HISTORIC LANDMARKS; REPEALING ALL INCONSISTENT ORDINANCES OR PARTS THEREOF; SETTING FORTH AN EFFECTIVE DATE.

 

Commissioner Schecter moved, seconded by Commissioner Kelley, for approval of Ordinance No. 97-24, on second reading, as read by title only.

 

Call Vote: Commissioner Boyle yes
Commissioner Schecter yes
Commissioner Kelley yes
Commissioner Persis yes
carried. Mayor Hood yes

 

Item #8(B) - Comprehensive Plan-Related Administrative Rezonings

Item #8(B)1 - Tuffy Auto Center

Commissioner Kelley moved, seconded by Commissioner Persis, to close the public hearing on Item #8(B)1. The motion carried unanimously.

 

ORDINANCE NO. 97-25

AN ORDINANCE AMENDING SUBSECTION B, ZONING MAP, OF SECTION 6.00, GENERAL, OF ARTICLE VI, DISTRICT REGULATIONS, OF THE LAND DEVELOPMENT CODE, BY AMENDING THE OFFICIAL ZONING MAP TO REZONE CERTAIN REAL PROPERTIES FROM B5, HEAVY COMMERCIAL (VOLUSIA COUNTY), TO B-8, COMMERCIAL; REPEALING ALL INCONSISTENT ORDINANCES OR PARTS THEREOF; SETTING FORTH AN EFFECTIVE DATE.

 

Commissioner Kelley moved, seconded by Commissioner Persis, for approval of Ordinance No. 97-25, on first and only reading, as read by title only.

 

Call Vote: Commissioner Schecter yes
Commissioner Kelley yes
Commissioner Persis yes
Commissioner Boyle yes
carried. Mayor Hood yes

Item #8(B)2 - Heflinger Parcel, South Nova Road

Commissioner Kelley moved, seconded by Commissioner Schecter, to close the public hearing on Item #8(B)2. The motion carried unanimously.

 

ORDINANCE NO. 97-26

AN ORDINANCE AMENDING SUBSECTION B, ZONING MAP, OF SECTION 6.00, GENERAL, OF ARTICLE VI, DISTRICT REGULATIONS, OF THE LAND DEVELOPMENT CODE, BY AMENDING THE OFFICIAL ZONING MAP TO REZONE CERTAIN REAL PROPERTY FROM B-5, SERVICE COMMERCIAL, TO T-1, MANUFACTURED HOME COMMUNITY; REPEALING ALL INCONSISTENT ORDINANCES OR PARTS THEREOF; SETTING FORTH AN EFFECTIVE DATE.

 

Commissioner Kelley moved, seconded by Commissioner Schecter, for approval of Ordinance No. 97-26, on first and only reading, as read by title only.

 

Call Vote: Commissioner Kelley yes
Commissioner Persis yes
Commissioner Boyle yes
Commissioner Schecter yes
carried. Mayor Hood yes

 

Item #8(B)3 - Ormond Towne Commercial Center

Commissioner Kelley moved, seconded by Commissioner Schecter, to close the public hearing on Item #8(B)3. The motion carried unanimously.

 

ORDINANCE NO. 97-27

AN ORDINANCE AMENDING SUBSECTION B, ZONING MAP, OF SECTION 6.00, GENERAL, OF ARTICLE VI, DISTRICT REGULATIONS, OF THE LAND DEVELOPMENT CODE, BY AMENDING THE OFFICIAL ZONING MAP TO REZONE CERTAIN REAL PROPERTIES FROM B-10, SUBURBAN BOULEVARD, TO B-8, COMMERCIAL; REPEALING ALL INCONSISTENT ORDINANCES OR PARTS THEREOF; SETTING FORTH AN EFFECTIVE DATE.

 

Commissioner Kelley moved, seconded by Commissioner Schecter, for approval of Ordinance No. 97-27, on first and only reading, as read by title only.

 

Call Vote: Commissioner Persis yes
Commissioner Boyle yes
Commissioner Schecter yes
Commissioner Kelley yes
carried. Mayor Hood yes

 

Item #8(B)4 - Middle Portion of SR Perrott

Commissioner Kelley moved, seconded by Commissioner Persis, to close the public hearing on Item #8(B)4. The motion carried unanimously.

 

ORDINANCE NO. 97-28

AN ORDINANCE AMENDING SUBSECTION B, ZONING MAP, OF SECTION 6.00, GENERAL, OF ARTICLE VI, DISTRICT REGULATIONS, OF THE LAND DEVELOPMENT CODE, BY AMENDING THE OFFICIAL ZONING MAP TO REZONE CERTAIN REAL PROPERTIES FROM B-5, SERVICE COMMERCIAL, TO I-1, LIGHT INDUSTRIAL; REPEALING ALL INCONSISTENT ORDINANCES OR PARTS THEREOF; SETTING FORTH AN EFFECTIVE DATE.

 

 

Commissioner Kelley moved, seconded by Commissioner Schecter, for approval of Ordinance No. 97-28, on first reading, as read by title only.

 

Call Vote: Commissioner Boyle yes
Commissioner Schecter yes
Commissioner Kelley yes
Commissioner Persis yes
carried. Mayor Hood yes

 

Item #8(B)5 - Scotty’s, Wendy’s and Southern/Office Portion of SR Perrott

Commissioner Kelley moved, seconded by Commissioner Persis, to close the public hearing on Item #8(B)5. The motion carried unanimously.

 

ORDINANCE NO. 97-29

AN ORDINANCE AMENDING SUBSECTION B, ZONING MAP, OF SECTION 6.00, GENERAL, OF ARTICLE VI, DISTRICT REGULATIONS, OF THE LAND DEVELOPMENT CODE, BY AMENDING THE OFFICIAL ZONING MAP TO REZONE CERTAIN REAL PROPERTIES FROM B-5, SERVICE COMMERCIAL, AND I-1; LIGHT INDUSTRIAL, TO B-4, CENTRAL BUSINESS; REPEALING ALL INCONSISTENT ORDINANCES OR PARTS THEREOF; SETTING FORTH AN EFFECTIVE DATE.

 

Commissioner Kelley moved, seconded by Commissioner Schecter, for approval of Ordinance No. 97-29, on first reading, as read by title only.

 

Call Vote: Commissioner Schecter yes
Commissioner Kelley yes
Commissioner Persis yes
Commissioner Boyle yes
carried. Mayor Hood yes

 

Item #8(B)6 - Regal Theaters

Commissioner Kelley moved, seconded by Commissioner Persis, to close the public hearing on Item #8(B)6. The motion carried unanimously.

 

ORDINANCE NO. 97-30

AN ORDINANCE AMENDING SUBSECTION B, ZONING MAP, OF SECTION 6.00, GENERAL, OF ARTICLE VI, DISTRICT REGULATIONS, OF THE LAND DEVELOPMENT CODE, BY AMENDING THE OFFICIAL ZONING MAP TO REZONE CERTAIN REAL PROPERTIES FROM B4, GENERAL COMMERCIAL (VOLUSIA COUNTY), TO B-8, COMMERCIAL; REPEALING ALL INCONSISTENT ORDINANCES OR PARTS THEREOF; SETTING FORTH AN EFFECTIVE DATE.

 

Commissioner Schecter moved, seconded by Commissioner Persis, for approval of Ordinance No. 97-30, on first reading, as read by title only.

 

Call Vote: Commissioner Kelley yes
Commissioner Persis yes
Commissioner Boyle yes
Commissioner Schecter yes
carried. Mayor Hood yes

 

Item #8(B)7 - Cloar/Coquina Presbyterian Church

Commissioner Schecter moved, seconded by Commissioner Kelley, to close the public hearing on Item #8(B)7. The motion carried unanimously.

 

 

ORDINANCE NO. 97-31

AN ORDINANCE AMENDING SUBSECTION B, ZONING MAP, OF SECTION 6.00, GENERAL, OF ARTICLE VI, DISTRICT REGULATIONS, OF THE LAND DEVELOPMENT CODE, BY AMENDING THE OFFICIAL ZONING MAP TO REZONE CERTAIN REAL PROPERTIES FROM SR, SUBURBAN RESIDENTIAL, TO R-3, SINGLE-FAMILY MEDIUM DENSITY; REPEALING ALL INCONSISTENT ORDINANCES OR PARTS THEREOF; SETTING FORTH AN EFFECTIVE DATE.

 

Commissioner Schecter moved, seconded by Commissioner Kelley, for approval of Ordinance No. 97-31, on first reading, as read by title only.

 

Call Vote: Commissioner Persis yes
Commissioner Boyle yes
Commissioner Schecter yes
Commissioner Kelley yes
carried. Mayor Hood yes

 

Item #8(B)8 - Omega 40 Health Club

Commissioner Schecter moved, seconded by Commissioner Kelley, to close the public hearing on Item #8(B)8. The motion carried unanimously.

 

ORDINANCE NO. 97-32

AN ORDINANCE AMENDING SUBSECTION B, ZONING MAP, OF SECTION 6.00, GENERAL, OF ARTICLE VI, DISTRICT REGULATIONS, OF THE LAND DEVELOPMENT CODE, BY AMENDING THE OFFICIAL ZONING MAP TO REZONE CERTAIN REAL PROPERTIES FROM B-1, PROFESSIONAL OFFICE-HOSPITAL, TO B-9, BOULEVARD; REPEALING ALL INCONSISTENT ORDINANCES OR PARTS THEREOF; SETTING FORTH AN EFFECTIVE DATE.

 

Commissioner Schecter moved, seconded by Commissioner Kelley, for approval of Ordinance No. 97-32, on first reading, as read by title only.

 

Call Vote: Commissioner Boyle yes
Commissioner Schecter yes
Commissioner Kelley yes
Commissioner Persis yes
carried. Mayor Hood yes

 

Item #9(A) - Relative to the Board of Adjustment and Appeals

ORDINANCE NO. 97-33

AN ORDINANCE RELATIVE TO THE BOARD OF ADJUSTMENT AND APPEALS; AMENDING SECTION 1.04 OF THE LAND DEVELOPMENT CODE BY EXPANDING THE VARIANCE JURISDICTION OF THE BOARD TO INCLUDE HEIGHT VARIANCES FOR FENCES AND WALLS; REPEALING ALL INCONSISTENT ORDINANCES OR PARTS THEREOF; SETTING FORTH AN EFFECTIVE DATE.

 

Commissioner Schecter moved, seconded by Commissioner Kelley, for approval of Ordinance No. 97-33, on first reading, as read by title only.

 

Call Vote: Commissioner Schecter yes
Commissioner Kelley yes
Commissioner Persis yes
Commissioner Boyle yes
carried. Mayor Hood yes

 

Item #9(B) - Relative to Historic Districts and Landmarks

 

ORDINANCE NO. 97-34

AN ORDINANCE RELATIVE TO HISTORIC DISTRICTS AND LANDMARKS; AMENDING SECTION 10.03 OF THE LAND DEVELOPMENT CODE BY AMENDING THE NOTIFICATION REQUIREMENTS FOR DESIGNATION PROCEDURES AND FOR CERTIFICATES OF APPROPRIATENESS; REPEALING ALL INCONSISTENT ORDINANCES OR PARTS THEREOF; SETTING FORTH AN EFFECTIVE DATE.

 

Commissioner Schecter moved, seconded by Commissioner Kelley, for approval of Ordinance No. 97-34, on first reading, as read by title only.

 

Call Vote: Commissioner Kelley yes
Commissioner Persis yes
Commissioner Boyle yes
Commissioner Schecter yes
carried. Mayor Hood yes

 

Item #9(C) - Relative to Historic Districts and Landmarks

 

ORDINANCE NO. 97-35

AN ORDINANCE RELATIVE TO HISTORIC DISTRICTS AND LANDMARKS; AMENDING SECTION 13.01 OF THE LAND DEVELOPMENT CODE BY ESTABLISHING AN APPLICATION FEE FOR THE DESIGNATION OF HISTORIC LANDMARKS, ARCHAEOLOGICAL SITES, OR OTHER NOTABLE FEATURES; REPEALING ALL INCONSISTENT ORDINANCES OR PARTS THEREOF; SETTING FORTH AN EFFECTIVE DATE.

 

Commissioner Persis moved, seconded by Commissioner Kelley, for approval of Ordinance No. 97-35, on first reading, as read by title only.

 

Commissioner Schecter asked if there is confirmation that the $100.00 application fee for persons seeking to have designation on the City’s local landmarks lists is a fair cost. Mr. Clay Ervin, Planning Director, stated that the most recent advertisement for a similar request cost $82.50, and the proposed $100.00 fee does not recoup staff time.

 

Call Vote: Commissioner Persis yes
Commissioner Boyle yes
Commissioner Schecter yes
Commissioner Kelley yes
carried. Mayor Hood yes

 

Item #9(D) - "VIA Gardens," Historic Landmark

 

ORDINANCE NO. 97-36

AN ORDINANCE FURTHER AMENDING ORDINANCE NO. 87-60, AS PREVIOUSLY AMENDED, BY ADDING THE "VILLAGE IMPROVEMENT ASSOCIATION GARDENS" PORTION OF THE ORMOND BEACH WOMAN’S CLUB/ANDERSON-PRICE MEMORIAL LIBRARY PROPERTY, LOCATED AT 42 NORTH BEACH STREET, TO THE LIST OF HISTORIC LANDMARKS; REPEALING ALL INCONSISTENT ORDINANCES OR PARTS THEREOF; SETTING FORTH AN EFFECTIVE DATE.

 

 

Commissioner Persis moved, seconded by Commissioner Schecter, for approval of Ordinance No. 97-36, on first reading, as read by title only.

 

Call Vote: Commissioner Boyle yes
Commissioner Schecter yes
Commissioner Kelley yes
Commissioner Persis yes
carried. Mayor Hood yes

 

Item #10 - Reports, Suggestions, Requests

City Commission Minutes

Commissioner Boyle expressed appreciation to the staff on the accuracy of the transcription of City Commission meetings.

 

Justin Kastner Memorial

Commissioner Boyle explained that friends, family and Ormond Beach Middle School personnel and students organized a memorial ceremony for Justin Kastner at the Oceanfront Park. He advised the City had representatives in attendance, which meant a lot to the participants. He commented that the City had placed a very attractive monument bench in the Park; the brass plaque in the coquina rock was found to be in very good taste; and the Oceanfront Park sign has been adjusted to illustrate a silhouette of a surfer. As a footnote, he pointed out that cars belonging to the ceremony participants were illegally parked in the Granada Shopping Center and on the beach approach since they may no longer park on the beach in front of the Park.

 

Code Enforcement Violation - 221 Vining Court

Commissioner Boyle displayed photographs of a commercial business located at 221 Vining Court that has had stacks of mattresses outside the building for at least three (3) weeks. He stated the grounds of this site are in poor condition, and the adjacent business owners are complaining that the appearance is negatively affecting their businesses. He stated the activity inside the building is suspicious, and he asked that staff investigate this situation.

 

Elementary School "N"

Commissioner Boyle stated he was disappointed to read that the new elementary school will not be completed in time for the beginning of the school year, and he expressed concern that students will be assigned to portable classrooms.

 

Columbia Hospital - Conditional Use Permit Public Hearing

Commissioner Schecter stated that he has received letters in reference to a scheduled agenda item relative to a Conditional Use Permit (CUP) request by Columbia Hospital. He requested a written legal opinion from the City Attorney as to whether this CUP is in violation of a former commitment with which the former hospital owners and the City had come to terms. He also requested that staff provide a written summary of requests to date concerning this property, including the Planning Director’s opinion on the proposed CUP. Commissioner Schecter stated his intent is to meet with the residents concerned about this request prior to the June 17, 1997, meeting to provide information regarding this request. He stated the City has acquiesced to the hospital on many occasions, and this request appears that it will present a problem for the residents of the surrounding neighborhood whom he felt a need to protect and inform.

 

Mayor Hood asked that the written opinions and summary be distributed to the entire Commission.

 

Staff Appreciation

Commissioner Kelley expressed appreciation to City staff, particularly Mrs. Nancy Hogle, Special Events Coordinator, for the preparation of the Memorial Day event and the City employee picnic.

 

Summer Attire

Commissioner Kelley apologized for the delay in the delivery of the shirts approved for the summer meeting attire and explained that the logos had to be redigitized. He asked that the Commissioners provide their orders and shirt selections at the conclusion of the meeting.

 

 

Orchard Street Sidewalks

Commissioner Persis stated that at the last City Commission meeting a petition was submitted requesting that sidewalks be constructed along Orchard Street from Division Avenue to West Granada Boulevard, and he asked for an update on the status of the meeting scheduled with the consultant. Ms. Judy Grim, City Engineer, stated an initial meeting was held on Thursday, May 22, 1997, and a second meeting is scheduled for June 5, 1997. She advised staff has requested the consultant attempt to shorten the schedule but still provide a quality product. She stated the priority matrix will be discussed, and once the priorities are established, staff will present the list to the Commission in a Friday Letter for comments.

 

Appreciation for Involvement with Local Schools

Commissioner Persis thanked Commissioner Boyle for representing the City during a kindergarten class visit to City Hall. Commissioner Boyle stated the students presented Mayor Hood with a proclamation, which Mayor Hood displayed for the viewing pleasure of those in attendance.

 

Commissioner Persis expressed appreciation to Mayor Hood for attending a dedication of a patchwork quilt at the Tomoka Elementary School. He thanked Commissioner Kelley and Mayor Hood for attending various functions throughout the year, i.e., teacher-of-the- quarter recognition, and he stated members of the Commission do extracurricular activities which should not go unnoticed.

 

Traffic Re: Summer School at Ormond Elementary

Commissioner Persis pointed out that the regular public school year ended today; however, summer school will be taking place at the Ormond Beach Elementary School adjacent to City Hall, and he cautioned Chief Stewart that it will be a heavily trafficked area.

 

Forest Hills Subdivision Code Enforcement

Commissioner Persis questioned the status of code enforcement concerning semi-trucks illegally parking in the Forest Hills subdivision. Mr. Todd Herget, Chief Building Official, stated the property owner has been contacted and has agreed to erect "no parking" and "tow away" signs on the property; and ultimately, if the situation is not corrected, it will be processed through the Code Enforcement Board.

 

Fourth of July Festivities

Mr. Miller called attention to an item approved on the Consent Agenda relative to the festivities for the Fourth of July. He stated the City has made a commitment in the amount of $35,000 for fireworks, barge rental, and other related costs. He stated that City’s indirect and direct cost committed to Jazz Matazz has been approximately $16,000, with the City’s total commitment to that weekend for the community being approximately $52,000. He stated it is important to recognize the City’s contribution for the Fourth of July festivities, which are the highlight of the year, and many residents look forward to the festivities.

 

Item #11 - Close the Meeting

The meeting was adjourned at 8:44 PM.


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