SEPTEMBER 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 Beth Haskins, Ormond Beach Presbyterian Church.
  3. Pledge of Allegiance.
  4. First Public Hearing to adopt the FY 97-98 Proposed Millage Rates and Tentative Budget.
  1. Motion to adopt the proposed operating (2.96067) and debt service (0.66903) millages.
  2. First reading of Ordinance No. 97-57 adopting the Annual Budget for the 1997-98 Fiscal Year beginning October 1, 1997, and ending September 30, 1998; authorizing subsequent amendments by resolution (Total Fiscal Year 1997-98 Budget - $51,144,741).
  1. Approval of the Minutes of the August 19, 1997, meeting.
  2. PRESENTATION: Distinguished Budget Presentation Award.
  3. AUDIENCE REMARKS:
  4. 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. 97-163 accepting a proposal to award a full service cost-per-copy contract relative to the City’s need for copy machines; rejecting all other proposals; authorizing the execution of all documents relative thereto. (Phase II Copiers, Inc. - $ .0119 per copy) (Cont’d from August 19, 1997, meeting)
  2. Resolution No. 97-169 reappointing Judy Pagniozzi as a commissioner of the Ormond Beach Housing Authority; setting forth term and conditions of service.
  3. Resolution No. 97-170 authorizing the execution of a quitclaim deed to release a portion of a certain drainage an utilities easement. (Lot 55, ABP Phase II, Starcevic)
  4. Resolution No. 97-171 requesting the Florida Legislature to repeal Section 386.209 of the Florida Statutes, which section preempts the regulation of smoking to the state and supersedes any municipal or county ordinance on the subject; authorizing transmittal.
  5. Resolution No. 97-172 calling a Special Meeting of the City Commission at 5:00 P.M. on Wednesday, October 1, 1997, for the purpose of certifying the results of the Regular Election and of the Preservation Bond Election to be held on September 30, 1997.
  1. PUBLIC HEARINGS:
  1. Ordinance No. 97-55 approving the final plats of "Briargate," Unit I, Phases 1 and 2, of the "Hunter’s Ridge" Development of Regional Impact; establishing conditions and expiration dates of approvals; authorizing the placement of official traffic control devices. (Second Reading)
  2. Ordinance No. 97-56 relative to reclaimed water connection charges; amending Section 13.03 of the Land Development Code and Division 1A, Article II, Chapter 22, of the Code of Ordinances to provide for the amortization of the reclaimed water connection charges outside of the West Ormond Reclaimed Water District and to provide for increased monthly fees for those customers who elect to amortize such connection charges. (Second Reading)
  1. FIRST READING OF ORDINANCES:
  1. Ordinance No. 97-58 relative to the regulation of bingo; amending Chapter 12, Licenses and Business Regulations, of the Code of Ordinances by creating a new Article XIII, Bingo, and by adding new Sections 12-380 through 12-389[386], inclusive; providing for legislative intent and exemptions; providing for definitions; providing for administration and enforcement; providing for a license; providing for disqualifications; providing for a license application and fee; providing for investigations of applicants; providing for grounds for denial of licenses; providing for amendment to applications; providing for nontransferable licenses; providing for prohibitions against mutilation of displayed licenses; providing for terms of licenses and renewals; providing for suspension and revocation of licenses; providing for maximum periods of revocation and suspension of licenses; providing for license fee; providing for records and reports and consent by licensees; providing for bingo equipment allowed for use; providing for conduct of bingo play; providing for licensing requirements; providing for use of premises restrictions for the conduct of bingo; providing for prohibition of false statements; providing for punishment for violations; providing for severability; setting forth an effective date.
  2. Ordinance No. 97-59 amending Article II of Chapter 2, Administration, of the Code of Ordinances by inserting the City’s Travel Policy into the said article.
  1. DISCUSSION ITEMS:
  1. Information program for "The Rivers" Preservation Bond Issue.
  2. Code Enforcement Division - report and recommendations.
  3. Jennings Environmental Services contract - employee concerns.
  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 Beth Haskins, Ormond Beach Presbyterian Church.

Item #3 - Pledge of Allegiance

Mayor Hood led in the Pledge of Allegiance.

Item #4(A) - FY 97-98 Proposed Millage Rates

Commissioner Schecter moved, seconded by Commissioner Boyle, to close the public hearing on Item #4(A). The motion carried unanimously.

Commissioner Persis moved, seconded by Commissioner Schecter, for approval of the proposed operating (2.96067) and debt service (0.66903) millages.

Eugene Miller, City Manager, stated no Trim formal notices will be will be needed this year because the City is at rollback rate.

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

Item #4(B) - Tentative Budget

ORDINANCE NO. 97 - 57

AN ORDINANCE ADOPTING THE ANNUAL BUDGET FOR THE 1997-98 FISCAL YEAR BEGINNING OCTOBER 1, 1997, AND ENDING SEPTEMBER 30, 1998; AUTHORIZING SUBSEQUENT AMENDMENTS BY RESOLUTION; REPEALING ALL INCONSISTENT ORDINANCES OR PARTS THEREOF; SETTING FORTH AN EFFECTIVE DATE.

Commissioner Kelley moved, seconded by Commissioner Schecter, for approval of Ordinance No. 97-57, 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

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

Item #5 - Approval of Minutes

Mayor Hood advised the minutes of the August 19, 1997, meeting had been sent to the Commissioners for review and asked if there were any corrections, additions, or omissions.

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

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

Item #5 - Distinguished Budget Presentation Award

Mayor Hood presented Mr. Robert Bentkofsky, Budget Manager, a Certificate of Appreciation for being awarded the 1997 "Distinguished Budget Presentation Award" from the Government Finance Officers Association. The Mayor read the certificate which stated this is the second consecutive year the City has received this award, which is a significant achievement as it is the only national award for government budgeting; it reflects the commitment of the governing body and staff to meet the highest principles of governmental budgeting; and to receive such a distinction, the City had to satisfy nationally recognized guidelines for effective budget presentation which assess how well the budget serves as a policy document, a financial plan, an operations guide, and a communication device. Mayor Hood expressed his appreciation to Mr. Bentkofsky for his outstanding work.

Item #7 - Audience Remarks

Fortunato Park Opening

Ms. Patti Bowie, Program Manager for Ormond Main Street, expressed her appreciation to the City for assistance in the grand opening ceremony at Fortunato Park. She expressed special thanks to Nancy Hogle, her staff and the community-at-large. She thanked the Historic Trust for their planning assistance and work with the cupola, as well as Commissioner Kelley for his financial donation, Mr. Miller for his advice and support, and Mayor Hood for his role as emcee. She stated the public really appreciates this newest asset that has been given to the community.

Item #8 - 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 moved, seconded by Commissioner Kelley, for approval of the Consent Agenda.

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

Item #9(A) - "Briargate" Final Plat

Commissioner Persis moved, seconded by Commissioner Schecter, to close the public hearing on Item #9(A). The motion carried unanimously.

ORDINANCE NO. 97-55

AN ORDINANCE APPROVING THE FINAL PLATS OF "BRIARGATE", UNIT I, PHASES 1 AND 2, OF THE "HUNTER’S RIDGE" DEVELOPMENT OF REGIONAL IMPACT; ESTABLISHING CONDITIONS AND EXPIRATION DATES OF APPROVALS; AUTHORIZING THE PLACEMENT OF OFFICIAL TRAFFIC CONTROL DEVICES; SETTING FORTH AN EFFECTIVE DATE.

Commissioner Schecter moved, seconded by Commissioner Persis, for approval of Ordinance No. 97-55, 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 9(B) - Reclaimed Water Connection Amortization

Commissioner Schecter moved, seconded by Commissioner Boyle, to close the public hearing on Item #9(B). The motion carried unanimously.

ORDINANCE NO. 97 - 56

AN ORDINANCE RELATIVE TO RECLAIMED WATER CONNECTION CHARGES; AMENDING SECTION 13.03 OF THE LAND DEVELOPMENT CODE AND DIVISION 1A, ARTICLE II, CHAPTER 22, OF THE CODE OF ORDINANCES TO PROVIDE FOR THE AMORTIZATION OF THE RECLAIMED WATER CONNECTION CHARGES OUTSIDE OF THE WEST ORMOND RECLAIMED WATER DISTRICT AND TO PROVIDE FOR INCREASED MONTHLY FEES FOR THOSE CUSTOMERS WHO ELECT TO AMORTIZE SUCH CONNECTION CHARGES; REPEALING ALL INCONSISTENT ORDINANCES OR PARTS THEREOF; SETTING FORTH AN EFFECTIVE DATE.

Commissioner Schecter moved, seconded by Commissioner Kelley, for approval of Ordinance No. 97-56, 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 #10(A) - Bingo

ORDINANCE NO. 97 - 58

AN ORDINANCE RELATIVE TO THE REGULATION OF BINGO; AMENDING CHAPTER 12, LICENSES AND BUSINESS REGULATIONS, OF THE CODE OF ORDINANCES BY CREATING A NEW ARTICLE XIII, BINGO, AND BY ADDING NEW SECTIONS 12-380 THROUGH 12-386, INCLUSIVE; PROVIDING FOR LEGISLATIVE INTENT AND EXEMPTIONS; PROVIDING FOR DEFINITIONS; PROVIDING FOR LIMITATIONS ON BINGO GAMES; PROVIDING FOR PROHIBITED CONDUCT; PROVIDING FOR PENALTIES; PROVIDING FOR ENFORCEMENT; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING FOR SEVERABILITY; REPEALING ALL INCONSISTENT ORDINANCES OR PARTS THEREOF; SETTING FORTH AN EFFECTIVE DATE.

Commissioner Schecter moved, seconded by Commissioner Kelley, for approval of Ordinance No. 97-58, Option A, 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 #10(B) - Travel Policy

ORDINANCE NO. 97 - 59

AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 2, ADMINISTRATION, OF THE CODE OF ORDINANCES BY INSERTING THE CITY’S TRAVEL POLICY INTO THE SAID ARTICLE; SETTING FORTH AN EFFECTIVE DATE.

Commissioner Schecter moved, seconded by Commissioner Kelley, for approval of Ordinance No. 97-59, 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 #11(A) - Information Program for "The Rivers" Preservation Bond Issue

Mr. Clay Ervin, Planning Director, stated that since the City Commission packet was delivered, the Planning Department received three (3) comments from the general public regarding "The Rivers" information packet. The first was a suggestion to place information on the City’s web page; the second was whether or not a sign should be placed on the property; and the third was that the City may or may not receive the $2.1 million from the State, and if the money is not forthcoming, the cost per household to the taxpayers of Ormond Beach should be explained.

Mr. Ervin pointed out the changes between the document received in the City Commission packet and the one distributed at the meeting. He noted the following changes were made: "Why does the City want to preserve the land?" was changed to "Why does the City want to hold a referendum to purchase the land?"; "How much will this cost me?" has been changed to "How much will this cost the City and how much will this cost me individually"; and some confusing language was deleted referring to the John’s Island Bond Issue. Mr. Ervin stated he would take the three comments received by the public and work them into the flyer unless the Commission objected.

Mr. Disselkoen stated he received a call from the Trust for Public Land (TPL) requesting the City Commission defer action on this issue for two (2) weeks because TPL is doing polling and results are not in.

Mayor Hood stated his only concern is to be accurate and thorough and whatever polling TPL is doing is irrelevant to this issue. Commissioner Boyle stated that the City’s fact sheet should be independent of whatever TPL produces. Mr. Miller advised the City is already being asked questions, and he agreed that two (2) weeks is too long to wait. Mayor Hood concurred a paragraph is needed indicating what the cost to the citizens would be if the City does not receive the $2.1 million from the State of Florida.

Commissioner Persis asked that the language on the water bill insertion as well as the flyer stating, "Whether or not you favor the purchase of this property for preservation purposes, please make sure that you vote on September 30, 1997," be changed to, "Please be sure to vote on this important issue."

Ms. Mercedes McCallen, Vice-President for Citizens for Ormond Beach, 40 Longfellow Circle, stated she has had contact with TPL, and it is of the utmost importance that information attained from the poll they are conducting and the information the City puts out be consistent. Mayor Hood stated that unless there is anything inaccurate in the City’s flyer, there is no reason to wait for TPL. Commissioner Schecter stated that although he agrees with the premise of consistency of the message, he believes the Commission owes it to the public to independently produce information which is as objective as possible. Commissioner Boyle agreed with Commissioner Schecter and stated there is a distinction between information and a campaign.

Mr. Ervin stated that the City Attorney has begun working on the cost per household if the State does not participate in the funding, and this could easily be incorporated in the flyer. Commissioner Kelley asked if the State does not participate in funding, if the City Commission has the option to reject the purchase. Mayor Hood stated that if this purchase goes to a referendum and the public votes for it because of the State’s financial assistance, they must be made aware there is a possibility the money may not be forthcoming and they must be given the figures for both scenarios so they can make a rational decision. Mr. Ervin stated this is why the referendum will read "a maximum of $3.9 million in general obligation bonds".

Ms. McCallen stated that $300,000 is available from the St. John’s River Management District from a DOT mitigation permit which is slated for the Tomoka River project area. She stated the St. John’s Board meets in a couple of weeks, and this would be a very timely request. Mr. Disselkoen stated that he has spoken to both Mr. Hughes and Mr. Christiansen at St. Johns and asked them to take whatever steps are necessary to obtain the governing board’s approval, and he will continue to pursue the matter.

Mayor Hood stated that unless there is a legally enforceable document obligating either St. Johns or the State to provide these funds for this particular project, it is unfair to represent to the public that this money has been received; therefore, the public needs to be aware that as of right now, they are obliged to pay the total $3.9 million. He instructed Mr. Disselkoen to let the Commission know if the funds are secured, so the public can be informed.

Item #11(B) - Code Enforcement

Commissioner Schecter moved, seconded by Commissioner Persis, to approve the hiring of an Environmental Enforcement Officer and to direct staff to present an ordinance adopting a citation system for Code Enforcement as soon as possible.

Mr. Disselkoen stated that at the Volusia Council of Governments (VCOG) meeting held this week, the report was that the county judges are not in tune with the concept as yet; therefore, more meetings will be needed to attain their support of the citation system.

Commissioner Schecter amended his motion that the citation system be completed to the extent possible.

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

Item #11(C) - Jennings Environmental Services Contract

Commissioner Boyle stated that after the solid waste contract was transferred to Jennings Environmental Services, a meeting was held with Jennings’ employees where substantive changes in the working conditions were indicated. He asked Kevin Gray, Solid Waste Coordinator, to relate the explanation for each of the concerns noted.

Mr. Gray stated that Jennings has a different style of management than BFI and some changes were made. He advised Jennings has a bonus system wherein they offer their employees who work five (5) days per week an opportunity to work six (6) days per week for extra money, but the employees were not forced to work six (6) days. He advised the only person mandated to work six (6) days is a front end loader driver because refuse is collected six (6) days a week, and that person has an opportunity to make substantial monies. Mr. Gray stated that the issue of the truck which was not supposed to be taken out of the City has been resolved, and the problem arose out of a communication error. He stated the fleet has been updated with 1994, 1995, 1996, and some 1997 trucks, and Jennings is aware these vehicles are dedicated and must stay solely in the City of Ormond Beach during operational hours unless approved by the City Commission.

Commissioner Boyle stated that some of the employees indicated their contribution to the insurance and hospitalization plan had been significantly altered; whereby, Mr. Gray stated that the benefit package with Jennings is greater than that previously offered by the City, with less deductibles and co-pays. He advised that medical, dental and vision plans are included for a nominal fee, mostly for dependent coverage. Commissioner Boyle expressed appreciation that with the assistance of Mr. Gray, the problems have been resolved with Jennings Services.

Item #12 - Reports, Suggestions, Requests

25 Oceanshore Boulevard

Commissioner Boyle stated he received a letter from the owner of 25 Oceanshore Boulevard expressing his appreciation for the prompt attention the City gave to his concerns. Commissioner Boyle thanked Mr. MacLeod for his prompt action.

Citizen Volunteer Work Day/34 Corbin Avenue Park

Commissioner Boyle stated the community had come together to provide the necessary work on the park adjacent to City Hall. He expressed appreciation to Bill Butler who organized worker duties, Ormond Rental who donated the use of a front end loader, Patti Bowie and Jim Burnett who worked four to five days and nights, and Bon Terre who donated plants and sod and offered to maintain the park without an "add on" to the contract. He expressed his sincere appreciation to staff and citizens for their assistance in the cleanup on Citizen Volunteer Work Day.

Microfilming Ormond Beach History

Commissioner Schecter stated Mr. Donald Bostrom has offered his time to help the City preserve its history on microfilm. Commissioner Schecter also offered his assistance for this cause.

Auditing Workshop

Commissioner Schecter expressed his appreciation to Mr. Paul Lane, Finance Director, Mr. Bob Bentkofsky, Budget Manager, and Ms. Marybeth Guilbeault, Purchasing Coordinator, for the good job they did in preparing the City Commission for the Auditing Workshop.

Appreciation

Commissioner Schecter expressed his appreciation to Ms. Ann Clinton in the Building Inspection/Permitting Department for her assistance to a concerned constituent.

Florida League of Cities Meeting

Commissioner Kelley stated good information was attained at the recent Florida League of Cities meeting. He stated the City will face challenging situations in the coming months and years regarding revenue losses with the deregulation of electric power, and this needs to be closely addressed because it will severely affect the City’s economy.

Commissioner Persis stated it was a great honor to represent Ormond Beach as the voting delegate at the Florida League of Cities meeting.

Skateboard Park

Commissioner Persis urged the City Commission to take seriously the skateboard park requested at the last meeting. Commissioner Persis stated that after investigating the issue, he found that other cities have various methods of handling this issue such as sidewalk areas that serve inline skaters, joggers, skateboarders, bikers, etc. Commissioner Persis also stated skateboard areas work well when combined with parks, not necessarily only within the park proper.

Mayor Hood agreed with the need to analyze the situation and pursue the possibility of a skateboard park.

ICMA Conference

Mr. Miller asked for Commission approval to attend the ICMA conference out of state. The Commission expressed its approval.

WDL Airship

Mayor Hood announced that all of the issues have been worked out with WDL Airships and the City has reached a final agreement. He stated a signed agreement is expected on Monday, September 8, 1997. Mayor Hood expressed his appreciation to staff for their guidance through the process of attaining this agreement.

Item #13 - Close The Meeting

The meeting was adjourned at 7:35 PM.


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