|
|
|
|
|
| ||||
|
|
JULY 22, 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
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 David E. Bradley, New Bethel AME 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 July 1, 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.
Item #5 - Audience Remarks Fortunato Park Mr. Donald O’Lone, 1304 Northside Drive, spoke to the issue of a statement made by an Ormond Heritage Condominium resident in opposition to the colors of the children’s play equipment at Fortunato Park and its coverage through the media. He agreed with the comments made by Mr. Miller during a radio broadcast that if the only thing the City had to worry about were colors--then the City is in good shape. Mr. O’Lone expressed his belief that the local radio station "agitated" the situation, and he discouraged the community from using the tactics suggested by the radio station in expressing opposition to the views expressed by the Ormond Heritage Condominium resident.
Mr. Thomas Russell, 14 Tanglewood Circle, referenced the publicity with regard to Fortunato Park and he stated the park was developed with grant funds for the benefit of all the residents. He opposed the City making concessions for a select few. Mr. Russell suggested that the park hours be extended and the colors of the playground apparatus be retained. On a separate issue, he recommended that sidewalks/bike paths be constructed along the golf course on A1A and on John Anderson Drive, north from East Granada Boulevard.
Mr. David Earl, 1050 Arroyo Parkway, submitted a petition expressing opposition to Fortunato Park closing at sundown and requesting that a few subtle changes be made. He encouraged the Commission to further develop the park for the benefit of all the residents.
Ms. Johanna Kaney, 479 Druid Circle, stated the complaint publicized relative to the colors of the playground slides was "petty" and questioned why the City deleted the volleyball courts from the development plans when only a minority expressed opposition. She stated there is no other City park located on the beach side, and she encouraged additional amenities i.e. swings, be included.
Mr. David Butterfield, 1 John Anderson Drive, stated that he represented the views of the vast majority of the Ormond Heritage Condominium residents and expressed pleasure with the appearance of the park, encouraged use of the facility by the community, and asked that the colors of the playground equipment remain status quo. Mayor Hood questioned Mr. Butterfield relative to extending the park hours; whereby, Mr. Butterfield suggested that the park remain open until 10:00 p.m. He commented that the park is well lit and secure for activity at that hour.
Commissioner Kelley advised that he was the lone vote in favor of extending the park’s operating hours when this item was recently discussed.
Commissioner Boyle stated that not one formal complaint from the Ormond Heritage Condominium residents or any other City resident was received by staff, nor himself, relative to the playground colors.
Mr. Bill Townsend, 1 John Anderson Drive, supported the comments made by Mr. Butterfield, complimented the City on its efforts in the park’s development, and stated if a poll was conducted he defied the results to show more than a handful of residents that would express negativity toward the park.
Ms. Pat Johnson, 1 John Anderson Drive, stated that she is pleased with the choices the City has made with regard to the park’s amenities, expressed support of the authentic color used on the Cupola roof, and encouraged that the park hours be extended.
Mrs. Alice Butterfield, 1 John Anderson Drive, spoke in defense of Ms. Josephine LeBrun, the Ormond Heritage Condominium resident who made the statements publicized in the newspaper. She stated that Ms. LeBrun has been unfairly maligned by the paper and that her comments have generated undo response by the media. Mrs. Butterfield stated that Ms. LeBrun is a the only Ormond Heritage resident that gave of her time and effort to attend all of the meetings when the Fortunato Park item was discussed, and that Ms. LeBrun is a well-intentioned person who does not deserve the animosity being directed toward her.
Mayor Hood inquired if any member of the Commission has an interest in changing the colors of the playground equipment; whereby, no interest was indicated. Mayor Hood asked if any member of the Commission was interested in modifying the closing hours of Fortunato Park.
Commissioner Schecter stated that the sunset closing provision was made with the condition that the Commission would review the operating hours after the Labor Day holiday.
Commissioner Schecter moved, seconded by Commissioner Kelley, to incorporate a change to the park’s closing time to 10:00 p.m., and to coordinate the same time change for Rockefeller Gardens.
Mr. Fred Disselkoen, City Attorney, advised that due to the "Thompson Rule," this item must be scheduled for formal action to be taken at the next agenda; whereby, Commissioner Schecter amended his motion to place this issue on the next agenda.
Mayor Hood stated that because this issue was printed on the front page of the Daytona Beach News Journal, it caused other media to take notice and created a situation that could have been avoided. He stated this is the part of public discourse on policy that is frustrating to him as a policy maker. He expressed concern that he received several letters and phone calls relative to the colors of the slide in Fortunato Park, when there are more important issues to be dealt with, such as people in the community who need jobs, drainage problems that need to be corrected, and growth issues that need to be solved. He stated that the way the article was written has created a lot of consternation and hostility in the community that doesn’t need to exist.
Commissioner Schecter expressed appreciation to the Historical Trust members who gave generously of their time, effort and money for the historically accurate restoration of the cupola. He stated it is not just a positive feature of the park, but also a centerpiece of the City’s commitment to its historical past.
Commissioner Boyle echoed the positive comments made with regard to the park and the cupola and stated the end products are a result of a long democratic process with input received from citizens City wide.
Commissioner Kelley stated that certain amenities included in the original plans for Fortunato Park were deleted, such as the volleyball courts, due to objections raised by the immediate neighbors. He expressed the desire to have had the park developed in its original concept, and suggested that it would have been more user-friendly for the majority of the community. Commissioner Kelley announced that the grand opening for the park is scheduled for August 30, 1997, and he encouraged the public to attend.
Commissioner Persis stated that the process to approve the amenities for Fortunato Park was the most lengthy process for any project that he could recall being considered during his tenure, and involved a lot of compromises. He stated that the park represents the end result of those compromises, is a quality development, is being utilized by all types of users, and he expressed pride in the project. Commissioner Persis advised that significant consideration was given to determining the park’s closing hours which were established in an effort to deter vagrants and an undesirable element to the park; however, if it is the desire of the majority of the residents to have the hours extended, the Commission will take that change into consideration. He expressed appreciation for the citizens participation and for voicing their sentiments on the park.
Traffic Speed on Granada Boulevard Mr. Monk Noell, 1 John Anderson Drive, expressed concern about excessive speeding on Granada Boulevard from Nova Road to Atlantic Avenue. He suggested stricter enforcement of the existing posted speed limit and he also suggested that right turns be prohibited from Granada Boulevard onto Halifax Drive.
The Rivers Ms. Mercedes McCallen, representing the Citizens for Ormond Beach, Inc., oriented those in attendance where The Rivers property is located and stated the City is proposing a bond issue to save the property. She questioned that the eastern portion (74-acre parcel) of The Rivers is designated as Rural Estate in the Future Land Use Plan of the Comprehensive Plan and the actual zoning of the parcel remains R-4C (Medium Residential) as indicated on the Official Zoning Map. She stated basic zoning questions have not been resolved, and she questioned what the eastern portion of The Rivers property will be appraised under. Ms. McCallen inquired what the amount of the purchase price was that the State offered the owner to purchase the property, and she questioned if the City has considered partnerships with a private land acquisition trust or other State agencies. She recommended that the City provide an informational account of the value of this resource before further discussion proceeds relative to a bond issue.
Mr. Clay Ervin, Planning Director, advised that the land use of the property has not changed since the adoption of the Comprehensive Plan in 1989, and staff has not finalized a request for rezoning pending the Land Use Amendment request, which was denied, outcome of the negotiations between the owner and The Trust for Public Land, and receipt of the property appraisals. He stated that all of those processes have been completed, and staff will initiate rezoning the property to Rural Estate/Agricultural.
Request for Contribution to the Volusia County Junior Lifeguards Ms. Melanie Siegel-Dolan, Parent Chaperone representing the Volusia County Junior Lifeguards, solicited a contribution to allow seven (7) members from Ormond Beach to attend the National Junior Lifeguard Competition in San Diego, California. She introduced Marci Dolan, Donny Wooden, April Turrell, Jonathon Thompson, and Jenna Johnston, and mentioned that Erin Kandel and Matt Tower were not in attendance. Ms. Siegel-Dolan stated that the members have participated in several fund-raisers to allow this first year organized team to participate in the Nationals, and she advised that several local sponsors have made contributions and the County of Volusia funded the air travel expenses.
Mayor Hood, on behalf of the City Commission, expressed pride in the accomplishments of the team and stated the Commission would commit to contribute $700.00. Ms. Siegel-Dolan expressed sincere appreciation to the Commission, and agreed to provide a report on the outcome of the competition.
Alcoholic Service at Jazz Matazz Event Mr. Anthony James, 143 Myra Boulevard, stated that he appeared before the Commission on July 1, 1997, and it was his understanding that an agreement was made with the Chamber of Commerce that beer trucks would not be parked along East Granada Boulevard during the Jazz Matazz event. He expressed disappointment that the trucks were not relocated to the rear of the Casements property and felt that he was misled by the City and Chamber representatives. Mayor Hood assured Mr. James that this concern will be addressed by the Jazz Matazz joint task force.
Appreciation Mr. Joe Lipscomb, 22 Shadow Creek Way, expressed pride in the development of the approaches to the Granada Bridge, and he stated the this type of diversity and level of quality is not demonstrated in any other City. He commended the current and previous Commissions for their foresight in accomplishing these projects. Mr. Lipscomb explained a recent situation that occurred with the Breakaway Trails Treatment Plant, and he commended the City on the outstanding service that the Public Utilities Division provided, which is a credit to both the City’s management and employees.
Item #6 - 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. 6(G) be discussed separately.
Commissioner Kelley moved, seconded by Commissioner Schecter, for approval of the Consent Agenda, minus Item No. 6(G).
Item #6(G) - Proposal for Concrete Services
Commissioner Kelley moved, seconded by Commissioner Persis, for approval of Resolution No. 97-135, as read by title only.
Commissioner Schecter questioned the timing of this item, and objected to accepting the proposal based on the following reasons: (1) it is premature to accept the proposal at this time based on the fact that the Sidewalk Master Plan has not been completed; (2) there is no rationale to accept a concrete services proposal when review of the Sidewalk Master Plan may require additional services, and it may be determined that it would be better to have kept the services in-house; and (3) as discussed in the previous budget workshop, a capital improvements list will be delayed until the Sidewalk Master Plan is performed and he suggested considering this concrete proposal at that time.
Commissioner Schecter moved, seconded by Commissioner Boyle, to accept Alternative 3 to reject all bids and continue the concrete operations in-house, as stated in the City Manager memorandum dated July 17, 1997.
Commissioner Kelley pointed out that a motion had been made and seconded to approve Resolution No. 97-135; whereby, Mr. Disselkoen recommended that action be taken on the original motion and if it fails, a resolution rejecting all bids and setting forth alternative 3 can be presented for consideration at the next meeting.
Commissioner Boyle supported the comments made by Commissioner Schecter relative to selecting Alternative 3. He expressed additional concern to the City losing its flexibility for $36,000 in savings; the possibility of a private company going out of business or being bought out with the City suddenly placed in a different scenario; and that often times cities tend to be model employers above some of the private companies.
Mayor Hood stated it is not premature to save money at any point in time, and the three (3) City employees involved will be placed in jobs elsewhere within the City; hence if the City determines to perform the concrete services in-house, that flexibility still exists. Mayor Hood stated it is irresponsible not to save taxpayers money when the decision does not impair flexibility or employees’ jobs.
Commissioner Kelley concurred with the comments made by Mayor Hood and described this item as a win-win situation.
Commissioner Persis requested clarification that if Resolution No. 97-135 is approved, would the City require an additional Request For Proposal (RFP) to perform the work outlined in the Sidewalk Master Plan. Mr. Ted MacLeod, Public Works Director, stated that an additional RFP would be dependent upon the level of effort the City commits to funding the Sidewalk Master Plan each year. He stated staff would assess the amount of increased spending, and the work may be performed under this contract or be provided in-house, or if it is a major effort, an RFP to perform the work would most likely be prepared. Commissioner Persis inquired what the result would be if the Commission denied the resolution; whereby, Mr. MacLeod stated that the in-house services would remain operational to make sidewalk repairs and to construct new sidewalks. Commissioner Persis commented that the response time provided by the City employees is commendable, and he questioned if the same level of service would be provided by an independent company. Mr. MacLeod stated that the contract provides for the same level of response as presently provided by City forces.
Mayor Hood stated that the Sidewalk Master Plan is a separate issue from the proposal being considered. He stated the Commission must first determine how much money is to be invested, at which point in time, staff can analyze whether to bid the projects out or perform the service in-house. He recommended approving the resolution, recognizing $36,000 in savings during the interim, perhaps allocating the savings to the sidewalk program.
Commissioner Schecter pointed out that the pending contract is for a one-year term which overlaps the implementation time frame for the Sidewalk Master Plan. He recognized that any savings to the taxpayer is worthwhile; however, he questioned if the proposed savings would be realized. He stated there is no rush to award the pending proposal tonight, and he recommended waiting until the Sidewalk Master Plan is completed so that those projects can be incorporated into the contract for services.
Commissioner Boyle expressed concern that after an initial contract is awarded, it has become a recent trend to assign additional projects to the same company, as referenced by the Bon Terre contract.
In response to Commissioner Schecter’s comment with regard to there being no "rush" to award, Mayor Hood stated that any time the City can save taxpayers’ money while providing the same level of service, action should be taken.
Mr. Eugene Miller, City Manager, reaffirmed this item to be a win-win situation, as the City will maintain the in-house supervision and expertise to lead the sidewalk crew while not minimizing its capability to provide concrete services in-house, if necessary.
Item #6(H) - Accessory Building/Concession Stand at the Dale Buttleman Softball Complex Mr. Frank Henry, 193 Bosarvey Drive, expressed gratitude to the Commission and staff for the funding appropriation for the construction of the project, specifically, the installation of a wheelchair lift at the site.
Item #7(A) - Columbia Medical Center - Conditional Use Permit Mr. Dave Bates, 204 Ormond Parkway, stated that in the late 1960’s or early 1970’s the hospital representatives requested a rezoning from residential to office/professional for property adjacent to the hospital, and the Commission denied the request based on public opposition. He stated the hospital purchased adjacent property as it became available, and in 1973, hospital representatives requested a conditional use for uses other than patient care, specifically for parking, and the Commission granted approval with certain provisions. Mr. Bates read one of the provisions that stated the hospital will not seek a further conditional use or request of rezoning of any further projects for the next fifty (50) years. He stated that legal counsel has advised that if the proposed Conditional Use Permit is granted, it would invalidate the agreement made in 1973, and he stated the neighborhood insists on protecting that agreement. Mr. Bates stated that hospital representatives met with the neighbors to discuss their concerns, and he advised that no objections were made with regard to the sign request; however, he requested that a similar clause to the one contained in Resolution No. 95-41 be incorporated in the proposed Resolution. Mr. Disselkoen advised that the aforementioned clause is included in Resolution No. 97-113, to which the applicant had no objections.
Mr. Bates expressed appreciation to Commissioner Schecter for the time and effort which he spent on this request, for his assistance in addressing concerns unrelated to this specific request, and for attending the neighborhood meeting.
Commissioner Kelley moved, seconded by Commissioner Schecter, to close the public hearing on Item #7(A). The motion carried unanimously.
Commissioner Persis moved, seconded by Commissioner Kelley, for approval of Resolution No. 97-113, as read by title only.
Commissioner Schecter expressed support of the 1973 Resolution, and he suggested that the following language be included in item (2) of Resolution No. 97-113: "the City Commission will consider no other amendments to the Conditional Use Permit, new Conditional Use Permit, or owner initiated rezoning of any property included within the Conditional Use Permit, until May 15, 2023, at the earliest, unless a court of competent jurisdiction directs otherwise."
Mr. Glenn Storch, attorney representing Columbia Medical Center, stated that the applicant strongly endorses the 1973 Resolution and will continue to ensure that it will be followed. He endorsed the concept as presented by Commissioner Schecter, but he stated he would like time for further review. Commissioner Schecter recommended approving Resolution No. 97-113, as currently written, to allow the applicant the approval to proceed with the signage, and he requested that Mr. Storch and his client review the proposed language as he presented. If they are in agreement, he asked that the Resolution be amended at a later date.
Item #7(B) - South Ormond Recreation Center - Conditional Use Permit Mr. Frank Henry, 193 Bosarvey Drive, stated he is a strong advocate of acquiring land adjacent to the South Ormond Recreation Center (SORC), and he stated that inadequate parking has always caused a problem. He stated that SORC is a necessary facility, and he expressed support for any and all improvements.
Commissioner Kelley moved, seconded by Commissioner, to close the public hearing on Item #7(B). The motion carried unanimously.
Commissioner Schecter moved, seconded by Commissioner Persis, for approval of Resolution No. 97-140, as read by title only.
Item #7(C) - Durrance Acres Riding Stables - Conditional Use Permits Mr. Roy Syford, 2425 Durrance Lane, stated that his property is located next to Horseshoe Farms (formerly Tsada Arabians), which is one of the four (4) existing facilities seeking Conditional Use Permit (CUP) approval to operate a riding stable in the Rural Estate Agricultural (REA) zoning district. He stated that Commissioner Kelley attended a "barn meeting" held with staff and the neighbors where this request was discussed, as well as several other problems, i.e. inadequate drainage and poor road conditions, experienced by the property owners in the Durrance Acres subdivision. Mr. Syford expressed concern to the existing road conditions within the subdivision and questioned whose responsibility it would be to maintain the roads should these CUP’s be approved; whereby, he was advised that the maintenance of the roads would remain the responsibility of the property owners. Mr. Syford stated that the vehicular traffic will increase dramatically if the CUP’s are approved, and he expressed equal concern that, since the roads within Durrance Acres are privately owned, the City is not responsible for posting speed limit signs or enforcing the speed limit. Mr. Syford requested that this item be postponed until such time as each Commissioner has the opportunity to visit the Durrance Acres subdivision and travel the roads contained therein.
Commissioner Kelley stated that although he is sympathetic to the concerns expressed by Mr. Syford, the problems he addressed are separate from the request being considered. He advised that when Durrance Acres was annexed by the City, an agreement was made that it would remain a private community, and as such, road maintenance is the responsibility of the property owners. Commissioner Kelley stated that the four (4) facilities currently operate as riding stables, and he did not visualize additional vehicular impact to the residents.
Mr. Lonnie Rittenour, 2324 Warden Trail, expressed objection to the potential increase in traffic caused by the approval of the CUP’s.
Mayor Hood asked for clarification that the referenced four (4) facilities are existing and currently operate as riding stables. Mr. Clay Ervin, Planning Director, advised that staff agrees that the roads are not up to City standards; however, since the four (4) facilities are currently operating, the existing traffic patterns dictate what is expected if the CUP’s are granted.
Mr. Walter Jubinski, 2379 Warden Trail, expressed concern to the potential increase in traffic and questioned the maintenance responsibility of a drainage ditch located on Warden Trail. Mayor Hood stated that Durrance Acres is a private community, and the drainage and roadway maintenance is the sole responsibility of the property owners within that development. Mr. Ervin stated that the CUP approval does not allow for the expansion of the facilities. He stated that the City will not assume responsibility of the drainage, roads, etc., until a majority of the homeowners petition the City; whereby, the City would create an assessment district. Mayor Hood advised that, legally, the City does not have the ability to assist the residents with the concerns expressed with regard to drainage and road problems. Mr. Jubinski asked what percentage of the homeowners would be required to petition the City, to which Mr. Disselkoen advised that the required number is a political decision for the Commission to make, and staff would follow the special assessment district procedure set forth in Chapter 170, Florida Statutes. Mr. Ervin advised that Article 17, of the Land Development Code addresses this item and requires that a "majority" of the homeowners petition the City.
Ms. Tonya Burnside, owner of the riding facility located at 2499 Durrance Lane, stated that no objections were presented during the Development Board Review public hearing and she was surprised by the previous comments. In response to those comments, she advised that there are no immediate plans to construct an entrance from Warden Trail to her property, but clarified that she has the legal ability to access that portion of the property from Warden Trail.
Commissioner Schecter moved, seconded by Commissioner Boyle, to close the public hearing on Item #7(C). The motion carried unanimously.
Commissioner Kelley moved, seconded by Commissioner Schecter, for approval of Resolution No. 97-141, as read by title only.
Commissioner Boyle stated this is a recurring situation where a permit is being considered for a commercial change that potentially could adversely impact the established residences, and he requested staff to address the issues raised by Mr. Syford.
Commissioner Boyle moved, seconded by Commissioner Persis, to continue this item until August 19, 1997.
Commissioner Schecter asked staff if there was a pressing need to approve the administrative request tonight; whereby, Mr. Ervin stated that staff has been reviewing the situation for the past six (6) months and preferred that this request be acted upon as soon as possible.
Commissioner Persis expressed support for the continuance in order to allow the property owners to meet and discuss the request.
Commissioner Kelley stated that a continuance will not change the facts regarding the road and drainage maintenance issues, and he objected to postponing action on whether to grant CUP approval for the existing riding facilities. He stated the concerns presented by the residents are separate from the CUP requests, and he recommended approval of Resolution No. 97-113.
Item #7(D) - Auction Businesses in the B-4, Central Business, Zoning District Commissioner Schecter moved, seconded by Commissioner Kelley, to close the public hearing on Item #7(D). The motion carried unanimously.
Commissioner Schecter moved, seconded by Commissioner Kelley, for approval of Ordinance No. 97-38, on second reading, as read by title only.
Item #7(E) - Establishing the "Old Ormond Historic District" Mr. Ervin stated that he received comments from Mr. Fisher, owner of parcel #4240-01-11-0221, who wishes to have his classification changed to non-contributing.
Commissioner Schecter moved, seconded by Commissioner Kelley, to close the public hearing on Item #7(E). The motion carried unanimously.
Commissioner Schecter moved, seconded by Commissioner Boyle, for approval of Ordinance No. 97-39, incorporating the amendment as stated by Mr. Ervin, on second reading, as read by title only.
Item #7(F) - Tax Exemption for Fabra USA, Inc. Commissioner Schecter moved, seconded by Commissioner Kelley, to close the public hearing on Item #7(F). The motion carried unanimously.
Commissioner Schecter moved, seconded by Commissioner Kelley, for approval of Ordinance No. 97-40, on second reading, as read by title only.
Item #7(G) - Previously Existing Manufactured Home Parks Commissioner Schecter moved, seconded by Commissioner Persis, to close the public hearing on Item #7(G). The motion carried unanimously.
Commissioner Schecter moved, seconded by Commissioner Kelley, for approval of Ordinance No. 97-41, on second reading, as read by title only.
Item #7(H) - Posting Requirements For Public Hearings Commissioner Schecter moved, seconded by Commissioner Persis, to close the public hearing on Item #7(H). The motion carried unanimously.
Commissioner Schecter moved, seconded by Commissioner Kelley, for approval of Ordinance No. 97-42, on second reading, as read by title only.
Item 7(I) - Animals Constituting a Nuisance Prohibited Commissioner Schecter moved, seconded by Commissioner Persis, to close the public hearing on Item #7(I). The motion carried unanimously.
Commissioner Schecter moved, seconded by Commissioner Persis, for approval of Ordinance No. 97-44, on second reading, as read by title only.
Item 7(J) - Voting Conflicts of Interest and Quasijudicial Proceedings Commissioner Schecter moved, seconded by Commissioner Persis, to close the public hearing on Item #7(J). The motion carried unanimously.
Commissioner Schecter moved, seconded by Commissioner Kelley, for approval of Ordinance No. 97-45, on second reading, as read by title only.
Item #8(A) - Traffic Issues
Commissioner Kelley moved, seconded by Commissioner Schecter, for approval of Ordinance No. 97-46, on first reading, as read by title only.
Item #8(B) - Ormond Lakes, Unit VIII - Amended Final Plat
Commissioner Schecter moved, seconded by Commissioner Kelley, for approval of Ordinance No. 97-47, on first reading, as read by title only.
Commissioner Kelley stated this is a prime example of the reasons why there is good quality developments within Ormond Beach, as the developer has gone above and beyond what is required to ensure the quality of life by reducing the number of homes and offering a quality development.
Item #9(A) - Establishing Tentative FY 1997-98 Millage Rates
Commissioner Kelley moved, seconded by Commissioner Schecter, for approval of Resolution No. 97-142, as read by title only.
Mayor Hood requested that the next time the Commission discusses the budget, that it review whether a "benefit calculator," which indicates the City’s cost to provide services to the residence and compares that cost to the amount of taxes actually collected from the homeowner, be sent to the residents at the same time the County mails the tax bills. Mr. Miller stated that information will be provided to the residents in a separate mail out near the time that the County is anticipated to send the tax notices.
Item #9(B) - Jazz Matazz Task Force
Commissioner Schecter moved, seconded by Commissioner Persis, for approval of Resolution No. 97-143, as read by title only.
Mr. Tony James, 143 Myra Boulevard, asked that the times, dates and ticket prices of the Jazz Matazz event be reviewed. Mayor Hood stated that the purpose of the task force is to look at all of the issues relating to Jazz Matazz.
Mr. Disselkoen advised that the Commission must officially designate its representative. Commissioner Schecter volunteered for the designation; whereby, Mayor Hood stated that as a member of the Chamber of Commerce Board of Directors and a task force that has been involved in this issue, he is willing to serve as a representative and has overall knowledge of the event.
Commissioner Schecter moved, seconded by Commissioner Boyle, to designate Mayor Hood as a representative to the joint City-Chamber task force for Jazz Matazz.
Commissioner Persis asked that the dates of Jazz Matazz be revisited, and he stated that he has received comments that July weather is not conducive to holding events during the day.
The Commission took a five (5) minute recess at 9:00 p.m. The meeting was recalled at 9:05 p.m.
Item #10(A) - Rehearing of Barnett Bank Request for Striping on ATM Kiosk
Mr. Clay Ervin explained that Barnett Bank representatives are requesting to amend their earlier request and are now asking that the striping be permitted only on the west side of the kiosk, with the remainder of the kiosk painted the same color as the bank building; therefore, the stripes will not be facing Granada Boulevard or Beach Street. He stated staff does not object to the amended request.
Commissioner Schecter moved that the City Commission issue an Order which includes findings that (1) there are extensive areas of facade involved in this request; (2) the patterns of the ATM striping are, if limited to one side of the ATM, if the ATM and the building are painted an "off-white" color allowed by the "Streetscape Color Chart", are part of an overall architectural theme; (3) the proposed colors of the ATM striping are, if the ATM and the building are painted an "off-white" color allowed by the "Streetscape Color Chart" are subtle; and (4) the proposed colors or scheme of the ATM striping are, if the striping is limited to one side of the ATM and if the ATM and the building are painted an "off-white" color allowed by the "Streetscape Color Chart", are directly inherent to a unique recognized architectural style. The motion was seconded by Commissioner Kelley.
Item #10(B) - Relative to Sidewalks on South Orchard Street Mayor Hood stated that staff has recommended that South Orchard Street be included in the discussions held with the Master Sidewalk Plan.
Commissioner Persis stated that the South Orchard Street sidewalk issue has a long history, and given the current need and low cost of construction, he recommended that the project begin immediately. He stated staff should be directed to acquire the necessary right-of-way, and sidewalk construction should commence from Division Avenue north to West Granada Boulevard.
Mr. MacLeod stated that the Orchard Street right-of-way acquisition cost is estimated to be approximately $100,000, which is independent from the construction cost.
Commissioner Persis stated that the need for the sidewalk will not lessen, and the project cost will only increase as time passes. He stated the most recent petition received requesting the sidewalk construction contained over 200 signatures.
Mayor Hood stated that he greatly respects Commissioner Persis’s position; however, within the next forty-five (45) to sixty (60) days, the Sidewalk Master Plan will be presented, and he favored including Orchard Street in that discussion.
Commissioner Kelley stated the procedure, as was done with the Stormwater and Roadway Master Plans, is to consider all of the projects in a comprehensive manner and then prioritize projects for funding.
Commissioner Boyle stated that the current practice of allocating $50,000 for sidewalk construction annually is not adequate, and he recommended that the allocation be increased.
Item #10(C) - Designation of a Voting Delegate, Florida League of Cities Annual Conference
Mayor Hood stated that Commissioners Schecter, Kelley, and Persis are scheduled to attend the Florida League of Cities Annual Conference at Lake Buena Vista Palace from August 21-23, 1997.
Commissioner Boyle moved, seconded by Commissioner Kelley, to designate Commissioner Persis as the City’s voting delegate. The motion carried unanimously.
Item #11 - Reports, Suggestions, Requests Solid Waste and Recycling Contracts Assignment Commissioner Boyle stated that recently the solid waste and recycling contracts were assigned from Browning Ferris Industries (BFI) to Jennings Environmental Services; and the staff report dated June 26, 1997, recommended approval of the assignment and stated that Jennings proposed to operate both contracts in the same manner, with the same employees, and that Jennings agreed to honor contract provisions and previous BFI commitments to former City employees. He stated a letter was provided from Jennings to that effect, dated June 26, 1997; however, Jennings representatives have met with the drivers and announced changes in the mandatory work week from five (5) days to six (6) days, changes in the pay formulas which amount to reduced compensation, and an increase of approximately fifty ($50) dollars per worker in the employee’s share of the insurance costs. Commissioner Boyle stated that he felt the Commission was misled by the company letter and by the staff report dated June 26, 1997; and he stated that the long-term reduced compensation will result in long-term reduction in the City’s quality of service. He requested the City Manager investigate these issues and report his findings to the Commission.
Mayor Hood asked that Mr. Miller give a report at the September 2, 1997, meeting.
Travel Expense Reimbursement Policy Commissioner Schecter asked staff for a re-evaluation of the "reasonable reimbursement" method used in determining expenses incurred when traveling, i.e. meals and related expenses, especially as related to the Florida League of Cities Annual Conference.
Status of Code Enforcement Commissioner Schecter requested confirmation of what took place during the budget workshop in reference to code enforcement and asked if there will be a future agenda date that the code enforcement issue will be scheduled for discussion. Mayor Hood stated it is his understanding that the code enforcement issue will be addressed the first meeting in October. Mr. Miller stated that staff had intended to implement a six (6) month process.
Commissioner Schecter stated that several months ago he requested staff to provide a report on the status of code enforcement and did not receive that report until two (2) hours ago, and he is now being told that a staff initiated process is going to be implemented. He clarified that his original request was to receive a report on the status of the City’s current enforcement capabilities, and the report was to have been discussed at a future meeting-- not for staff to produce a report and then proceed with their own plans. He stated he wanted the Commission to have an opportunity to review the report, and to direct staff as to which option the Commission deemed most appropriate. Commissioner Schecter requested that the report, presented to him tonight, be distributed to the Commission members for review and a time certain established for a discussion on code enforcement.
Mr. Miller stated his intent for distributing the report was to inform the Commission what staff is currently doing and what it is proceeding to do. He stated that if Commissioner Schecter wants to bring the item up under the context of adding additional code inspectors, the appropriate time would be during the budget discussion. He stated if the Commission disagrees with the internal staff report and directive for Mr. MacLeod and his staff to proceed upon, then Commissioner Schecter’s comments are relative at this time.
Mayor Hood directed that an item be placed on a September agenda to discuss the issues raised by Commissioner Schecter, prior to staff implementing their six month plan.
Straw Ballot Question Relative to the Beach Commissioner Schecter requested a review of the straw ballot question relative to the beach. He stated the City Clerk has researched the cost of the straw ballot, and if The Rivers property bond issue question is not on the ballot, the straw ballot appears to be expensive.
Mr. Disselkoen advised that the regular City election will be held September 30, 1997, and the Commission must consider both of these issues for first reading of ordinances at the next meeting in order to meet the necessary advertising requirements. He advised that the City of Daytona Beach turned down a straw ballot consideration by a 4-3 vote; the City of Daytona Beach Shores is not considering the issue; and he is awaiting notification from the City of New Smyrna Beach.
Commissioner Persis stated that he voted in opposition to considering the beach straw ballot question, and he expressed interest in discussing this item at the next agenda.
Mr. Disselkoen asked that the Commission forward any comments they may have on the proposed ballot language. He stated that the City of Ponce Inlet is proposing a different method of presenting the issue at their November election. He advised that he is attempting to have the owner of The Rivers property pay for the cost election, so the cost may be a moot issue.
Appreciation Commissioner Schecter expressed appreciation to Mr. Randy Hayes, Assistant City Attorney, for his work on the animal nuisance ordinance which was adopted on second reading.
Commissioner Kelley expressed appreciation to staff for their efforts in addressing the concerns expressed by the Durrance Acres subdivision residents.
SR40 Medians Commissioner Kelley reported that the SR40 median sprinklers were on Sunday morning at 3:00 a.m. and flooded West Granada Boulevard. He stated that the water sensors are not working correctly and asked Mr. MacLeod to address the situation.
Item #13 - Close the Meeting The meeting was adjourned at 9:24 PM. |
|
|
