JULY 1, 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 Office Assistant IV/Deputy City Clerk Karen Wood.

A G E N D A

  1. Meeting called to order by Mayor Hood.
  2. Invocation given by Father Rob Merola, St. James Episcopal Church.
  3. Pledge of Allegiance.
  4. Approval of the Minutes of the June 17, 1997, meeting.
  5. PRESENTATION: Employee-of-the-Quarter award to Jayne Timmons.
  6. AUDIENCE REMARKS:
  7. CONSENT AGENDA: The action proposed to be taken is stated for each item on the Consent Agenda. Unless the item is removed from the Consent Agenda by a City Commissioner, no discussion on individual items will occur and a single motion will approve all items.

 

  1. Resolution No. 97-117 authorizing the execution of a Lease Agreement for property located at the southwest corner of Central Avenue and South Washington Street, subject to certain conditions. (City and E. James & Gwendolyn Byrd/Ormond Beach Neighborhood Child Development Center, Inc.)
  2. Resolution No. 97-118 authorizing the execution of a Lease Agreement with Filetech, Inc., for the lease of certain real property at the Ormond Beach Municipal Airport; setting forth an effective date.
  3. Resolution No. 97-119 authorizing the execution of Change Order Number One (Final) to that contract authorized by Resolution No. 97-47, to increase the contract price by $12,039.20 to $488,261.70. (Antinori-Toft Joint Venture - Fortunato Park Improvements)
  4. Resolution No. 97-120 accepting a proposal to provide the engineering services necessary to miscellaneous drainage improvement projects; rejecting all other proposals; authorizing the execution of a Work Authorization and payment therefor. (Camp, Dresser & McKee, Inc. - $193,416; McKim & Creed - $50,550; Regional Engineers, Planners & Surveyors, Inc., - $94,441)
  5. Resolution No. 97-121 accepting a bid for the renovation of the "MacDonald House"; rejecting all other base and alternate bids; authorizing the execution of a contract and payment therefor; authorizing the execution of deductive change orders; further amending the 1996-1997 Budget. (Saboungi Construction, Inc. - $119,800)
  6. Resolution No. 97-122 authorizing the execution of an impact fee reimbursement agreement. (Paul F. Holub, Jr., - Boulevard 1275 Centre)
  7. Resolution No. 97-123 approving the plans for a decorative entry wall for Ormond Lakes, Unit IIIA; setting forth an effective date.
  8. Resolution No. 97-124 authorizing the execution of a Stipulation for Entry of Final Judgment in lawsuit involving the Mary A. Fraser Trust.
  9. Resolution No. 97-125 approving the assignment of the Solid Waste Collection and Disposal Agreement, the Lease Agreements, and the Residential Curbside Recycling Collection Contract between the City and Browning-Ferris Industries of Florida, Inc., to Jennings Environmental Services, Inc.; authorizing the execution of amendments to the said Agreements; setting forth an effective date.
  10. Resolution No. 97-126 authorizing the execution of a Lease Agreement between the City and Harry Wendelstedt, Inc.; terminating the previously existing lease; setting forth an effective date.
  11. Resolution No. 97-127 adopting procedures for the evaluation of professional independent auditing services; setting forth an effective date.
  1. PUBLIC HEARINGS:
  1. Ordinance No. 97-37 relative to the selection of independent auditors; amending Section 2-300 of the Code of Ordinances by establishing an auditor selection committee and competitive auditor selection procedures. (Second Reading)
  2. Ordinance No. 97-38 relative to auction businesses; amending Sections 3.05 and 6.17 of the Land Development Code by allowing auction businesses in the B-4, Central Business, zoning district and by establishing regulations governing such auction businesses. (First Reading)

 

  1. FIRST READING OF ORDINANCES:

 

  1. Ordinance No. 97-39 establishing the "Old Ormond Historic District"; designating all properties within the said District as either "contributing" or "non-contributing."
  2. Ordinance No. 97-40 granting an economic development ad valorem tax exemption to Fabra USA, Inc.; requiring annual filings.
  3. Ordinance No. 97-41 relative to individual homes within previously existing manufactured home parks; amending Section 5.02 of the Land Development Code to allow the replacement of homes within such parks under certain conditions.
  4. Ordinance No. 97-42 relative to posting requirements for public hearings on conditional use permits and planned developments; amending Section 1.05 and 1.09 of the Land Development Code by reducing the time period for posting notice of such hearings from eighteen (18) to fourteen (14) days.
  5. Ordinance No. 97-43 relative to the placement, construction, and modification of personal wireless service facilities; amending Sections 1.09, 3.75, 5.02, 8.05, and 9.04 of the Land Development Code by amending regulations governing personal wireless service facilities; and by allowing personal wireless service facilities in certain zoning districts under certain conditions.
  6. Ordinance No. 97-44 amending Section 5-1, Definitions, and Section 5-10, Animals constituting a nuisance prohibited, of Chapter 5, Animals and Fowl, of the Code of Ordinances by adding definitions, by prohibiting animals from barking, howling or making noise in a manner that constitutes a nuisance.
  7. Ordinance No. 97-45 relative to voting conflicts of interest and to quasijudicial proceedings; amending Sections 2-201, 2-203 and 2-204 of the Code of Ordinances to delete comprehensive plan amendments from the definition of "Quasijudicial proceeding on a land use matter" and to incorporate current State law relative to voting conflicts of interest.

 

  1. RESOLUTION No. 97-128 naming the new softball quad located at the Airport Recreation Complex as the "Dale Buttleman Softball Complex"; setting forth an effective date.
  2. DISCUSSION ITEMS:
  1. Vote on whether to rehear Barnett Bank’s request for approval of striping on ATM kiosk.
  2. Clarification of discussion regarding Streetscape RFP.
  3. Review of windstorm underwriting in Ormond Beach.
  4. City Manager evaluation.

 

  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 Commissioner Kelley.

 

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 June 17, 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 Boyle, 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)- Presentation - Employee-of-the-Quarter Award to Jayne Timmons

 

Mr. Eugene Miller, City Manager, recognized Jayne Timmons, Office Manager in the Human Resources Department, as the Employee-of-the-Quarter. He advised that Ms. Timmons is customer-friendly to both the citizens and employees and is very knowledgeable in insurance and other Human Resources matters. Mayor Hood presented Ms. Timmons with a plaque and watch honoring her as Employee-of-the-Quarter and expressed appreciation for her responsive enthusiasm in her duties.

 

Item #6 - Audience Remarks

Graffiti

Ms. MaryAnn Bruno, 319 South Ridgewood Avenue, expressed concern regarding graffiti in a number of public locations which she considers to be an eyesore. Mayor Hood instructed Ms. Bruno to give Mr. Ted MacLeod, Public Works Director, the addresses where the graffiti is located so corrective measures can be taken.

 

Department Head Vacancies

Ms. Tina Share, 1317 Overbrook Drive, expressed concern that current personnel are not being considered for the Police Chief and Fire Chief vacancies and she stated advantages of promoting from within for these positions. She was opposed to funds being expended on candidate searches and that career advancement for current employees is limited. Ms. Share stated that Police Chief Stewart implemented the community policing concept, strengthened programs such as Neighborhood Watch, DARE, and the Police Athletic League (PAL). She strongly encouraged that these programs be retained.

 

Mayor Hood advised this item will be discussed at the end of the meeting.

 

Orchard Street Sidewalks

Mr. Joseph E. Thompson, 356 Chardon Road, stated that while serving as a former City Commissioner, construction of the Orchard Street sidewalk from Division Avenue to West Granada Boulevard was addressed on several occasions and staff was instructed to construct the sidewalk. He expressed strong concern that the project was not completed and beseeched the Commission to direct staff to research this matter and honor the previous commitment made by the City to install the sidewalk.

 

Mayor Hood requested this item be placed on the next agenda for discussion.

 

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 Schecter asked that Item No. 7(I) be discussed separately and Commissioner Kelley asked that Item No. 7(E) be discussed separately.

 

Commissioner Schecter moved, seconded by Commissioner Persis, for approval of the Consent Agenda minus Item Nos. 7(E) and 7(I).

 

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

Item #7(E) - MacDonald House Renovation

 

RESOLUTION. 97-121

A RESOLUTION ACCEPTING A BID FOR THE RENOVATION OF THE "MacDONALD HOUSE"; REJECTING ALL OTHER BASE AND ALTERNATE BIDS; AUTHORIZING THE EXECUTION OF A CONTRACT AND PAYMENT THEREFOR; AUTHORIZING THE EXECUTION OF DEDUCTIVE CHANGE ORDERS; FURTHER AMENDING THE 1996-97 BUDGET; SETTING FORTH AN EFFECTIVE DATE.

 

Commissioner Kelley moved, seconded by Commissioner Schecter, for approval of Resolution No. 97-121, as read by title only.

 

Commissioner Kelley stated that at the time the MacDonald House renovations were originally discussed, it was agreed that the majority of the City’s contribution of matching funds would be "in-kind," and it is now being requested that $54,000 be taken from the General Fund and Pennies for Preservation Fund. Mr. Miller stated that initially the City was to use in-kind resources for the match, but as the project evolved, it became apparent that the City had to make a larger contribution.

 

Commissioner Kelley questioned if termites are a problem with the structure; whereby, Mr. Alan Burton, Leisure Services Director, replied that the building has been inspected and termites were not detected. Mr. Miller stated the second and third floors are "renovation ready" and if interested parties would like to use the area for storage, they are open to make an overture to the City regarding making a contribution toward the finish.

 

Commissioner Boyle advised that $65,000 was received from a State preservation grant and he expressed opposition that a portion of the MacDonald House is being used as a tennis pro shop, and he suggested relocating the tennis pro shop.

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

Item #7(I) - Assignment of the City’s Solid Waste Collection and Recycling Contract

 

RESOLUTION. 97-125

A RESOLUTION APPROVING THE ASSIGNMENT OF THE SOLID WASTE COLLECTION AND DISPOSAL AGREEMENT, THE LEASE AGREEMENTS, AND THE RESIDENTIAL CURBSIDE RECYCLING COLLECTION CONTRACT BETWEEN THE CITY AND BROWNING-FERRIS INDUSTRIES OF FLORIDA, INC., TO JENNINGS ENVIRONMENTAL SERVICES, INC.; AUTHORIZING EXECUTION OF AMENDMENTS TO THE SAID AGREEMENTS; SETTING FORTH AN EFFECTIVE DATE.

 

Commissioner Kelley moved, seconded by Commissioner Persis, for approval of Resolution No. 97-125, as read by title only.

 

Commissioner Schecter expressed opposition to the assignment of the lease agreements and urged the Commission to postpone consideration of the Resolution until additional information is provided relative to Jennings Environmental Services, Inc. He stated that time is not an issue, and that this is a perfect opportunity to revisit the issue and consider other options that may be available.

 

Commissioner Schecter moved, seconded by Commissioner Boyle, to postpone Resolution No. 97-125 for thirty (30) days and request the City Manager to prepare an evaluation of options to refuse collection.

 

Commissioner Boyle stated his main objective is to guarantee that the citizens will be assured stability of service.

 

Commissioner Persis stated that Jennings Environmental Services, Inc., currently provides solid waste and recycling services for the City of Port Orange as well as for several other cities in Volusia County. He stated he has received comments from customers who are very satisfied with the Jennings’ services.

 

Mayor Hood advised that he has obtained financial statements, annual reports, and information from the Security Exchange Commission’s file pertaining to Jennings Environmental Services, Inc. Jennings is a subsidiary of the fourth largest waste hauler in the world and has the financial ability to sustain the City’s contract.

 

Commissioner Boyle concurred with comments made by Commissioner Schecter and stated that a more in-depth study is necessary and he recommends that other options be considered.

 

Commissioner Kelley stated he supported the transfer of the contract to Jennings.

 

Call Vote on the Amendment: Commissioner Persis no
Commissioner Boyle yes
Commissioner Schecter yes
Commissioner Kelley no
failed. Mayor Hood no

 

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

Item #8(A) - Relative to the Selection of Independent Auditors

 

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

 

ORDINANCE NO. 97-37

AN ORDINANCE RELATIVE TO THE SELECTION OF INDEPENDENT AUDITORS; AMENDING SECTION 2-300 OF THE CODE OF ORDINANCES BY ESTABLISHING AN AUDITOR SELECTION COMMITTEE AND COMPETITIVE AUDITOR SELECTION PROCEDURES; REPEALING ALL INCONSISTENT ORDINANCES OR PARTS THEREOF; SETTING FORTH AN EFFECTIVE DATE.

 

Commissioner Schecter moved, seconded by Commissioner Kelley, for approval of Ordinance No. 97-37, on second 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) - Relative to Allowing Auction Businesses in the B-4, Central Business, Zoning District

 

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

 

 

ORDINANCE NO. 97-38

AN ORDINANCE RELATIVE TO AUCTION BUSINESSES; AMENDING SECTIONS 3.05 AND 6.17 OF THE LAND DEVELOPMENT CODE BY ALLOWING AUCTION BUSINESSES IN THE B-4, CENTRAL BUSINESS, ZONING DISTRICT AND BY ESTABLISHING REGULATIONS GOVERNING SUCH AUCTION BUSINESSES; REPEALING ALL INCONSISTENT ORDINANCES OR PARTS THEREOF; SETTING FORTH AN EFFECTIVE DATE.

 

Commissioner Schecter moved, seconded by Commissioner Persis, for approval of Ordinance No. 97-38, on first reading, as read by title only.

 

Commissioner Kelley asked for clarification of the term "specialty retail items." Mr. Ervin advised that the term is defined in the Land Development Code and refers to a retail or personal service use which specializes in unique or unusual market segments, such as gourmet food shops, antique shops, florists, custom clothing shops, etc.

 

Commissioner Kelley inquired why staff recommended auction businesses to operate during evening hours; whereby Mr. Ervin responded that staff encourages increased night time activity in the downtown area, and he stated the proposed amendment fulfills the recommendations of the Downtown Revitalization Task Force to diversify the retail market in the Central Business District. Mr. Ervin stated that many retail dealers will operate during regular business hours and conduct auction businesses during evening hours, so that additional parking and seating is not required. He advised that auction businesses are proposed as a conditional use, and as such, will require only staff review and approval.

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

Item #9 (A) - Relative to Establishing the "Old Ormond Historic District"

 

ORDINANCE NO. 97-39

AN ORDINANCE ESTABLISHING THE "OLD ORMOND HISTORICAL DISTRICT"; DESIGNATING ALL PROPERTIES WITHIN THE SAID DISTRICT AS EITHER "CONTRIBUTING" OR "NON-CONTRIBUTING"; REPEALING ALL INCONSISTENT ORDINANCES OR PARTS THEREOF; SETTING FORTH AN EFFECTIVE DATE.

 

Commissioner Schecter moved, seconded by Commissioner Kelley, for approval of Ordinance No. 97-39, on first reading, as read by title only.

 

Mr. Bob Renforth, 97 South Ridgewood Avenue, stated that he chose to opt out from participating in the proposed historic district. He expressed the opinion that the scope of the district is too large, however, he recommended including South Ridgewood Avenue into the district, where he intimates historic homes are located. Mr. Renforth advised that his neighbors received notification of the public hearing, but he did not, and he questioned if every resident in the district was to be notified. Mr. Ervin explained that Mr. Renforth’s property is not located in the proposed district because Mr. Renforth informed staff he did not wish to be included. Mr. Ervin stated that lists of all the property owners who received either a contributing or non-contributing notification designation letter have been provided to the Commission.

 

Ms. Sue Kupchunas, 67 Wilmette Avenue, asked if there are written guidelines in place to govern the Historic Landmark Preservation Board. Mr. Disselkoen advised that the Historic Landmark Preservation Board essentially follows the Secretary of the Interior’s General Standards for Preservation Projects and Specific Standards for Rehabilitation which are listed in the City’s Land Development Code. Mr. Ervin was asked to provide a copy of the guidelines to Ms. Kupchunas.

 

Ms. Kupchunas stated that it was her understanding that the value of improvements are tax exempt, as long as they are maintained over a ten (10) year period. Mr. Ervin explained that what Ms. Kupchunas is referencing is that if a property has the designation as a contributing property, the property owner is eligible to improve the structure in a manner consistent with the historical significance of the structure, and receives a ten (10) year waiver of taxes on those improvements. . Ms. Kupchunas asked who determined if the improvements are being maintained; whereby, Mr. Ervin advised that the Code Enforcement Division, and other appropriate staff personnel, would make the determination.

 

Ms. Kupchunas questioned if a property owner can opt in or out of the proposed historic district at any time. Mr. Ervin stated a property owner can opt in or out at any time, by petitioning through the Historic Landmark Preservation Board. Ms. Kupchunas expressed appreciation to Mr. Jim Burnett, Planner, for his assistance, and for being responsive to her inquiries.

 

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

Item #9(B) - Relative to Tax Exemption for Fabra USA, Inc.

 

ORDINANCE NO. 97-40

AN ORDINANCE GRANTING AN ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION TO FABRA USA, INC.; REQUIRING ANNUAL FILINGS; REPEALING ALL INCONSISTENT ORDINANCES OR PARTS THEREOF; SETTING FORTH AN EFFECTIVE DATE.

 

Commissioner Schecter moved, seconded by Commissioner Kelley, for approval of Ordinance No. 97-40, 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(C) - Relative to Previously Existing Manufactured Home Parks

 

ORDINANCE NO. 97-41

AN ORDINANCE RELATIVE TO INDIVIDUAL HOMES WITHIN PREVIOUSLY EXISTING MANUFACTURED HOME PARKS; AMENDING SECTION 5.02 OF THE LAND DEVELOPMENT CODE TO ALLOW THE REPLACEMENT OF HOMES WITHIN SUCH PARKS UNDER CERTAIN CONDITIONS; REPEALING ALL INCONSISTENT ORDINANCES OR PARTS THEREOF; SETTING FORTH AN EFFECTIVE DATE.

 

Commissioner Schecter moved, seconded by Commissioner Kelley, for approval of Ordinance No. 97-41, on first reading, as read by title only.

 

Mr. Randy Hendricks, owner of Ridgecrest and Camelot Mobile Home Parks, expressed support for the proposed amendment and urged the Commission to adopt the ordinance.

 

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

 

Item #9(D) - Relative to Posting Requirements For Public Hearings

 

ORDINANCE NO. 97-42

AN ORDINANCE RELATIVE TO POSTING REQUIREMENTS FOR PUBLIC HEARINGS ON CONDITIONAL USE PERMITS AND PLANNED DEVELOPMENTS; AMENDING SECTIONS 1.05 AND 1.09 OF THE LAND DEVELOPMENT CODE BY REDUCING THE TIME PERIOD FOR POSTING NOTICE OF SUCH HEARINGS FROM EIGHTEEN (18) TO FOURTEEN (14) DAYS; REPEALING ALL INCONSISTENT ORDINANCES OR PARTS THEREOF; SETTING FORTH AN EFFECTIVE DATE.

 

Commissioner Schecter moved, seconded by Commissioner Kelley, for approval of Ordinance No. 97-42, on first reading, as read by title only.

 

Commissioner Persis stated that the sign should be large enough to be seen when passing by the property. Commissioner Persis suggested that the public notice be advertised twenty-one (21) days prior to the public hearing date. Mr. Ervin stated the difference in schedules between the Development Review Board and City Commission makes it impossible to require a twenty-one (21) day notice.

 

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

Item #9(E) - Relative to Telecommunications Ordinance Modification

 

ORDINANCE NO. 97-43

AN ORDINANCE RELATIVE TO THE PLACEMENT, CONSTRUCTION, AND MODIFICATION OF PERSONAL WIRELESS SERVICE FACILITIES; AMENDING SECTIONS 1.09, 3.75, 5.02, 8.05 AND 9.04 OF THE LAND DEVELOPMENT CODE BY AMENDING REGULATIONS GOVERNING PERSONAL WIRELESS SERVICE FACILITIES; AND BY ALLOWING PERSONAL WIRELESS SERVICE FACILITIES IN CERTAIN ZONING DISTRICTS UNDER CERTAIN CONDITIONS; REPEALING ALL INCONSISTENT ORDINANCES OR PARTS THEREOF; SETTING FORTH AN EFFECTIVE DATE.

 

The ordinance failed for lack of a motion.

 

Item 9(F) - Relative to Animals Constituting a Nuisance Prohibited

 

ORDINANCE NO. 97-44

AN ORDINANCE AMENDING SECTION 5-1, DEFINITIONS AND SECTION 5-10, ANIMALS CONSTITUTING A NUISANCE PROHIBITED, OF CHAPTER 5, ANIMALS AND FOWL, OF THE CODE OF ORDINANCES BY ADDING DEFINITIONS, BY PROHIBITING ANIMALS FROM BARKING, HOWLING OR MAKING NOISE IN A MANNER THAT CONSTITUTES A NUISANCE; REPEALING ALL INCONSISTENT ORDINANCES OR PARTS THEREOF; SETTING FORTH AN EFFECTIVE DATE.

 

Commissioner Schecter moved, seconded by Commissioner Boyle, for approval of Ordinance No. 97-44, on first reading, as read by title only.

 

Commissioner Schecter expressed appreciation to the Commission for their input on this matter, as well as to Mr. Randy Hayes, Assistant City Attorney, for his efforts. He stated the proposed language is very specific in that it refines the current law and makes it more enforceable. He stated he has received a great deal of support from constituents regarding the ordinance. Commissioner Schecter informed the Commission that the Police Chief and the Code Enforcement Board expressed support of the proposed ordinance and agree it will be an improvement to the existing method of enforcement.

 

Commissioner Kelley expressed concern of the number of Code Enforcement personnel needed to enforce the proposed nuisance ordinance. He stated he is sympathetic to the problem; however, he stated this ordinance will be very difficult to enforce.

 

Commissioner Persis expressed appreciation to all responsible pet owners; however, he stated that those pet owners who are not responsible have prompted the nuisance ordinance to be amended. He expressed concern that the proposed ordinance only addresses the hours of 11 PM and 6 AM, and he mentioned that animals other than dogs can also be considered a nuisance, such as parrots and pot-bellied pigs. Mayor Hood advised that this ordinance does not specify dogs, but uses the broader term animal. Commissioner Persis stated that the proposed amendment is in the best interest of the animals as well as the citizens.

 

Commissioner Boyle stated that he has received positive comments from pet owners and people who are subjected to animal nuisances who support the ordinance.

 

Commissioner Kelley asked how many Code Enforcement Officers are on duty between 11 PM and 6 AM; whereby, he was informed there are none, which makes enforcement the responsibility of the Police Department between those specified hours.

 

Commissioner Schecter stated that the language contained in the Code, at present, is unenforceable. He stated the proposed ordinance gives more specific timeframes than the Florida Statutes have deemed a necessary requirement in any ordinance of this nature.

 

Commissioner Boyle stated that he endorses at least one additional Code Enforcement Officer in the City’s employ and will discuss it further at the budget workshop.

 

Mr. Joseph Thompson, 356 Chardon Road, commended Commissioner Schecter in his effort to prohibit animals from being a nuisance; however, he questioned its enforceability.

 

Commissioner Persis moved, seconded by Commissioner Schecter, to amend the motion to delete the language after the word "noise" on page 2, Section 5-10(1).

 

Mayor Hood expressed opposition to the proposed ordinance because he considers the language to restate the obvious, and make the law less enforceable.

 

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

 

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

Item 9(G) - Relative to Voting Conflicts of Interest and to Quasijudicial Proceedings

 

ORDINANCE NO. 97-45

AN ORDINANCE RELATIVE TO VOTING CONFLICTS OF INTEREST AND TO QUASIJUDICIAL PROCEEDINGS; AMENDING SECTIONS 2-201, 2-203 AND 2-204 OF THE CODE OF ORDINANCES TO DELETE COMPREHENSIVE PLAN AMENDMENTS FROM THE DEFINITION OF "QUASIJUDICIAL PROCEEDING ON A LAND USE MATTER" AND TO INCORPORATE CURRENT STATE LAW RELATIVE TO VOTING CONFLICTS OF INTEREST; REPEALING ALL INCONSISTENT ORDINANCES OR PARTS THEREOF; SETTING FORTH AN EFFECTIVE DATE.

 

Commissioner Schecter moved, seconded by Commissioner Kelley, for approval of Ordinance No. 97-45, on first reading, as read by title only.

 

Commissioner Persis asked for clarification on Section 2-203(b). Mr. Disselkoen advised that the public would know there is a conflict of interest at the time the Commissioner declared the conflict and did not vote; however, the particular conflict would not be stated. He stated the Memorandum of Conflict stating the details would be read publicly at the next meeting.

 

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

Item #10 - Relative to Naming the New Softball Quad as the "Dale Buttleman Softball Complex"

 

RESOLUTION NO. 97-128

A RESOLUTION NAMING THE NEW SOFTBALL QUAD LOCATED AT THE AIRPORT RECREATION COMPLEX AS THE "DALE BUTTLEMAN SOFTBALL COMPLEX"; SETTING FORTH AN EFFECTIVE DATE.

 

Commissioner Schecter moved, seconded by Commissioner Kelley, for approval of Resolution No. 97-128, as read by title only.

 

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

Item #11(A) - Barnett Bank’s ATM Kiosk

 

Commissioner Schecter moved, seconded by Commissioner Kelley, to rehear the request by Barnett Bank to allow the stripe on the ATM kiosk.

 

Commissioner Boyle expressed opposition to the request for rehearing, and wanted to reverse his March 11th affirmative position. He voiced agreement to the petitioner that the objection appears to have merit; however, this Commission has considered relief for large companies, but not for small companies, and he stated the rules are not evenly applied.

 

Commissioner Schecter stated that if the Commission does not agree to rehear this request, the building will be white with a white kiosk and green stripe. Commissioner Schecter reminded the Commission that he agreed to vote on the stripe if the building and ATM would be painted beige, but the Barnett Bank representative refused to compromise; therefore, he voted against the stripe. He stated that on June 2, 1997, he received a letter stating there is a possibility Barnett Bank could paint the ATM and building beige, along with a few more concessions they were willing to make, such as banding on only one side of the ATM.

 

Commissioner Kelley expressed support of Barnett Bank’s request for a rehearing.

 

Commissioner Persis stated that whether the Commission is for or against the stripe is not the issue at this point. The real issue is Barnett Bank’s actions. He stated that Barnett Bank was aware of the City’s regulations and defied them, and after the job was completed, Barnett Bank representatives appeared before the Commission requesting that they be allowed to keep their corporate identity. Commissioner Persis stated that on March 11, 1997, the Commission denied Barnett Bank’s request, and to date, the changes have not been made. He stated that rather than consider the request, the Commission should consider what sort of penalty should be assessed to Barnett Bank for blatant non-compliance with the City’s regulations. He questioned that if the Commission allows Barnett Bank’s actions, how can it deny requests by other large corporations or small businesses.

 

Mr. Jim White, Senior Vice-President and Marketing Executive for Barnett Bank, stated that at the time the plans were originally submitted, they were the same plans used throughout Volusia County. He stated an identical ATM machine is located at 200 East Granada Boulevard and there were no objections expressed by staff. Mr. White stated that while waiting for final plan approval, the Planning Department informed them that the striping did not comply with the City’s regulations. He stated Barnett Bank wants to work with the City to resolve this matter, and he stated that each year Barnett Bank provides over $100,000 in charitable contributions to this community and are serious about being a "good corporate citizen." Mr. White requested that the Commission approve a rehearing on the ATM kiosk striping.

 

Commissioner Boyle stated he sympathizes with the problem in permitting; but, he stated the issue is the principle of enforcing the City’s regulations.

 

Mr. Fred Disselkoen, City Attorney, advised that if the Commission declines to take action, the ATM kiosk stripe will have to be removed.

 

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

Item #11(B) - Granada/Bovard Master Streetscape/Downtown Redevelopment RFP Process

 

Mr. Clay Ervin, Planning Director, explained that staff is requesting specific instruction as to whether or not to process a Request For Proposal (RFP) for the City’s Granada/Bovard master streetscape plan.

 

Commissioner Schecter moved, seconded by Commissioner Persis, to approve an RFP process for the Granada/Bovard master streetscape plan.

 

Commissioner Boyle expressed the need for a clearer idea of the concept before authorizing an RFP. He stated input from the Florida Department of Transportation (FDOT) is vital and should be considered prior to moving forward with the RFP. Commissioner Boyle stated that a formal inquiry regarding lowering the speed limit on Granada Boulevard to thirty (30) miles per hour has not been accomplished. He stated that there is not a consensus of public support for certain redesign elements—specifically, medians, wider sidewalks or additional landscaping.

 

Mayor Hood agreed with Commissioner Boyle that if traffic was slowed to thirty (30) miles per hour, there would be greater use of the downtown; however, he stated enforcement of that speed limit would be impractical. He recommended the calming methodology through the use of medians and other elements as being the most effective way to achieve the thirty (30) miles per hour goal.

 

Mr. Ervin advised that when the draft RFP is completed, identifying the scope of services and the members of the selection committee, the RFP will be presented to the Commission for approval.

 

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

Commissioner Boyle stated that the public/private redevelopment venture is not specific as to who, what, where or when, and that there appears to be confusion as to whether or not to relocate the police/fire station located on West Granada Boulevard. He stated that he is troubled that the City would consider using the power of eminent domain to replace existing private enterprises with new private enterprises that are part of the public/private partnership.

 

Commissioner Schecter concurred with Commissioner Boyle’s comments regarding a public/private venture, and he recommended that no formal action be taken at this time with regard to a public/private venture. He expressed support in renovating the police station at its current location, and asked staff to provide comments as to what renovations are needed, the time frame, and budget impact so this item can be discussed at a future meeting.

 

Commissioner Kelley stated that the City Commission, during a budget workshop, prioritized the order of what needed to be accomplished. He stated if action is limited, the effectiveness of revitalizing downtown will be limited. Commissioner Kelley stated he is not opposed to the use of eminent domain for those vacated properties not producing an aesthetic value or revenue. Commissioner Kelley expressed support for a public/private venture; but voiced opposition to the police station remaining at its present location.

 

Commissioner Persis stated that he is in favor of a public/private venture and the use of the eminent domain process, when necessary. He supported the relocation of the police station from its present location.

 

Commissioner Boyle suggested improving municipal parking and to let the market decide which business will come in rather than a public/private venture.

 

Commissioner Persis moved, seconded by Commissioner Kelley, for staff to focus on relocating the police and fire stations to another area, and to report to the City Commission on these issues at the July 17, 1997, meeting.

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

Item #11(C) - Windstorm Insurance

 

Mayor Hood recommended that the City Commission make no change in the status quo, thereby leaving all areas of the City as an "eligible area" and thus part of the "wind pool." The Commission was in unanimous agreement with the recommendation.

 

Item #11(D) - City Manager Evaluation

 

Commissioner Schecter stated that he finds Mr. Miller’s work to be favorable to the citizens, and is impressed by Mr. Miller’s management team. He stated Mr. Miller has been consistently professional with staff, the Commission and constituents.

 

Commissioner Boyle echoed Commissioner Schecter’s remarks and stated Mr. Miller has demonstrated unwavering loyalty to Commission policies. He remarked that the high quality, output, autonomy in decision-making and morale of the staff is a testimony to Mr. Miller.

 

Item #12 - Reports, Suggestions, Requests

Recruitment of Police Chief

Mayor Hood stated that during Audience Remarks portion of the agenda, Ms. Share raised questions relative to the police chief recruitment and he questioned if any members of the Commission wished to modify the process management is using to recruit a police chief.

 

Commissioner Schecter stated that he spoke to Ms. Lorenda Volker, Human Resources Director, and requested that she provide a recommendation as to the type of method to be used for selecting a police chief as soon as possible. He stated that he has been contacted by citizens who have expressed concern as to how the city will structure the search, due to the nature of the position.

 

Mayor Hood stated since there are no recommendations to change the current selection process, it is to remain in effect.

 

Orchard Lane Traffic During Jazz Matazz

Commissioner Boyle stated that two (2) years ago, Orchard Lane experienced traffic problems during Jazz Matazz; but, last year, the problem was remedied. He recommended that the same remedies be used on Orchard Lane during this year’s Jazz Matazz.

 

Fortunato Park Exit Sign

Commissioner Boyle stated that during previous discussions held with a nearby resident, the City indicated that a sign would be installed exiting Fortunato Park opposite Orchard Lane indicating "right or left turns only" and "no through traffic". Mr. Ervin assured Commissioner Boyle that this item will be handled.

 

Granada Plaza Appeal

Commissioner Boyle stated that on March 11, 1997, a ninety (90) day extension was granted on the Granada Plaza appeal, and it is now at one-hundred ten (110) days and no action has been taken. Mr. Ervin advised that staff has met repeatedly with the developer, and the issue will be resolved in the next forty-five (45) days. Commissioner Boyle stated that he was under the impression that there was some indication from the Planning Department, and the applicant, that the problem with the width of the north entrance/exit would be addressed. He compared this item to the Barnett Bank ATM issue, and recommended the Commission support the City’s regulations on this issue as well.

 

Outdoor Display of Merchandise

Commissioner Schecter requested Mr. Ervin to schedule a discussion item before the Planning Board relative to the outdoor display ordinance. He stated he received three (3) letters from local businesses requesting that the outdoor display ordinance be reviewed.

 

Appreciation

Commissioner Schecter expressed appreciation to Ms. Lorenda Volker, Human Resources Director, for her efforts in securing a City employee discount for child care services at the Ormond Beach Neighborhood Child Development Center. Commissioner Schecter expressed appreciation to Ms. Veronica Patterson, City Clerk, and the Support Services staff for their work organizing the Introduction to City Operations Workshop. He complimented Mr. Disselkoen, City Attorney, for his instruction skills and for conducting the workshop.

 

Mr. Disselkoen, expressed his appreciation to the twenty-two (22) participants, including three (3) commissioners, who attended the workshop.

 

SR40 Median Concerns

Commissioner Kelley expressed concern that there is litter along SR40, mulch is being placed at the edges of the medians which allows it to wash out easily, and the largest tree was planted under a power line. Mr. Miller explained that this is an FDOT project; however, staff is preparing a report that will be presented to the Commission as a discussion item listing various ways to correct these situations. Mr. Ted MacLeod, Public Works Director, stated that there is a new project manager on the job who has been more responsive to the City’s concerns.

 

Commissioner Persis stated that the sprinklers are directed more on SR40 than on the medians, and he asked if this problem could be remedied. He questioned if the $50,000 figure quoted as being the cost of using St. Augustine grass in certain areas of the medians could be reduced. Mr. MacLeod stated that the City will have an opportunity to do a thorough inspection before the SR40 median beautification project is finalized, and the aforementioned concerns will be addressed.

 

Commissioner Boyle stated that the water in the road issue needs to be addressed immediately because it could be hazardous for motorists. Mr. MacLeod stated this problem has been reported to FDOT officials.

 

Commissioner Kelley stated that the Volusian Water Alliance discussed the possibility of using water sensors, as opposed to timers, on this project.

 

Personnel Selection Process

Mr. Miller stated that there are three (3) key positions that the City is currently recruiting and proceeding through the selection process. He stated that the specific process has not been determined for the final selection of the Police Chief, and he commented that the community will be involved to some degree with the final selection. Mr. Miller stated that staff is in the final process of selecting a Fire Chief, and has narrowed the Economic Development Administrator candidate list to four (4) applicants.

 

 

Advanced Life Support (ALS)

Mayor Hood referred to a recent article that appeared in the Daytona Beach News-Journal which quoted Mr. Mike Roberts, City of Ormond Beach Firefighter/EMT, to say that "…there are people that die every year because we (the City) are not ALS…" In response to that article, Mayor Hood stated that he wrote a letter stating that if the statement made by Mr. Roberts is correct, this situation should have been immediately brought to the Commission’s attention. He stated he was advised by Fire Captain Chuck Engemann of the protocol that would be followed if that type of situation existed. Mayor Hood advised that during his five (5) years on the Commission, not once has this issue been presented, nor has that information been included in the monthly reports prepared by the Fire Department. Mayor Hood stated his intent was not to harass or intimidate; however, he expressed concern with a City employee making this type of public statement. He stated that it has been reported that Mr. Roberts was misquoted and that the statement was made in a generic manner.

 

Mr. Mike Roberts distributed an informational packet to the Commission, and he apologized for the statement contained in the newspaper article. He emphasized that there was no intent of malice when the statement was made, and he advised that the statement was meant in a broader context. Mayor Hood questioned if Mr. Roberts was misquoted. Mr. Roberts responded that his intent was not to say that people in the City of Ormond Beach are dying because they are not getting ALS. He stated that the information packet includes his written personal response and a letter from Dr. Steve Bohannon, Volusia County Medical Director, and relative information that elaborates on his position.

 

Mayor Hood stated that the statement in the newspaper was quoted correctly, and the explanation given by Mr. Roberts is that the statement was taken out of context and that he meant it as an argument that ALS saves lives. Mr. Roberts stated that an exhaustive statistical research has been conducted which documents that ALS does save lives; however, it is impossible to know which individuals would have been saved if ALS had been utilized. Mr. Roberts apologized that this article was interpreted as being negative, and he applauded the Commission for their effort in proceeding forward in considering implementing ALS. He stated the firefighters are very passionate about ALS.

 

Commissioner Boyle stated that he would have preferred that Mr. Roberts’ statement been qualified with the words "potential" or "possible," but he stated he understood the context that the ALS system will save lives. He agreed that it is impossible go document whether human intervention and equipment would have been the difference in saving a life, and having the highest level of training and equipment in place when a life is at stake is the message. Commissioner Boyle expressed support for implementing an ALS system as soon as possible.

 

The meeting was adjourned at 8:45 PM.


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