OCTOBER 7, 1997 7:00 PM

Present were: Mayor Dave Hood, Commissioners Jeffrey J. Boyle, David 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 Jim Raley, Calvary Christian Center.
  3. Pledge of Allegiance.
  4. Approval of the Minutes of the September 16, 1997, meeting.
  5. PRESENTATIONS:
  1. Employee-of-the-quarter Award to Ferenc Hollos.
  2. Fire Prevention Week Proclamation.
  1. AUDIENCE REMARKS:
  2. 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. 97-185 authorizing the execution of a Quitclaim Deed to release a portion of a certain cleared access easement. (Lot 153, Misner’s Branch, Winding Woods, Phase V-A - 35 Misner’s Trail)
  2. Resolution No. 97-186 authorizing the execution of an Agreement between the City and the County of Volusia regarding the installation of fire hydrants on the North Peninsula Fire District.
  3. Resolution No. 97-187 authorizing the execution of continuing contracts with seven (7) professional services firms for professional engineering, architectural, and surveying services. (Architects Design Group, Inc.; Bosek, Gibson and Associates, Inc.; Consolidated Survey; Dickens & Associates, Inc.; Sayers & Hawkins Architects, Inc.; R. Douglas Stone Associates, Inc.; and Tomoka Engineering)
  4. Resolution No. 97-188 accepting a proposal to provide elevated water storage tank maintenance services; rejecting all other proposals; authorizing the execution of a contract and payment thereunder. (Utility Service Co., Inc. - $57,496.00)
  5. Resolution No. 97-189 authorizing the purchase of various chemicals for the City’s treatment plants under a cooperative bid solicited by the City of Daytona Beach; authorizing payment therefor.
  6. Resolution No. 97-190 declaring various items of City property to be "surplus property"; authorizing the sale of such property by sealed bids; directing the deposit of proceeds.
  7. Resolution No. 97-191 amending Paragraph F of the Development Order and a Conditional Use Permit for the "Ocean Village Commercial Site" to extend the effective date of the said order and permit through December 31, 1998; ratifying and confirming the said order and permit; authorizing recordation.
  8. Solid Waste Matters:
  1. Resolution No. 97-192 authorizing the execution of a Second Amendment to the Solid Waste Collection and Disposal Agreement between the City and Jennings Environmental Services, Inc.
  2. Request for authorization for temporary use of the City Transfer Station by Jennings Environmental Services, Inc.

DISPOSITION: Approve as recommended in City Manager memorandum dated October 2, 1997.

  1. Request to expend Law Enforcement Trust Funds.

DISPOSITION: Approve as recommended in City Manager memorandum dated October 2, 1997.

  1. PUBLIC HEARING: Ordinance No. 97-62 changing the name of "Lakevue Drive" to "Nature Trail" and the name of "Nature Trail" to "Arborvue Trail." (Second Reading)
  2. FIRST READING OF ORDINANCES:
  1. Ordinance No. 97-63 relative to parking for shared uses in the Granada/Bovard Streetscape Overlay District; amending Section 11.02 of the Land Development Code by adding a paragraph E5 thereto to allow greater flexibility for parking when redeveloping an existing site in the Central Business District.
  2. Ordinance No. 97-64 relative to color and design standards for shopping centers, industrial parks, or other developments having more than one (1) business, office or industrial use; amending Sections 10.01, 14.09, and 14.12 of the Land Development Code to allow for varying styles, colors and types of signs in such developments.
  3. Ordinance No. 97-65 relative to non-conforming signs in the Granada/Bovard Streetscape Overlay District; amending Section 14.12 of the Land Development Code by amending paragraph C3 thereof to extend the deadline for removing such signs and to extend the deadline for providing notice to remove such signs.
  4. Ordinance No. 97-66 relative to the office of the city manager; amending Sections 2-53, 2-54 and 2-55 of the Code of Ordinances by deleting the specific functions of each office and incorporating the job descriptions and by amending the titles of the office of Airport and Economic Development and of the director thereof; amending Section 3.3-1 of the Code of Ordinances by amending the definition of "Airport Manager."
  5. Ordinance No. 97-67 approving the final plat of Phase III, Unit 3B, of the "Breakaway Trails" Development of Regional Impact; establishing conditions and expiration date of approval; authorizing the placement of official traffic control devices.
  1. RESOLUTIONS:
  1. Resolution No. 97-193 approving the sidewalk projects for the City’s seven-year sidewalks program; authorizing staff to proceed with the said projects.
  2. Resolution No. 97-194 amending the City’s Pay and Classification Plan.
  1. DISCUSSION ITEMS:
  1. Complaint of Alice Jaeger relative to the City/Halifax Humane Society procedures.
  2. Consideration of skateboard recreational facilities.
  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 Jim Raley, Calvary Christian Center.

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 September 16, 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 Persis, to approve the minutes as submitted.

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

Item #5(A) - Employee of the Quarter

Mr. Eugene Miller, City Manager, recognized Mr. Ferenc Hollos, Service Helper IV in the Public Works Department, as the Employee of the Quarter. He noted that Mr. Hollos is responsible for the City’s concrete and asphalt services, and he does his job with little direction, and with quality and courtesy. Mayor Hood presented Mr. Hollos with a plaque and watch honoring him as Employee of the Quarter. He expressed his appreciation for all Mr. Hollos does for the City and for being an exemplary employee.

Item #5(B) - Fire Prevention Week Proclamation

Mr. Miller acknowledged this week as Fire Prevention Week in the City of Ormond Beach and in most of the nation. He stated that Mr. Dan Kraemer, Fire Inspector, is primarily responsible for the City’s Fire Prevention Program, and as OB the Clown, goes to elementary schools and businesses to remind the public to use safety and to teach children how to prevent fire occurrences. Mr. Miller advised the Mayor has signed a proclamation declaring this week Fire Prevention Week.

Item #6 - Audience Remarks

The River’s Referendum

Ms. Mercedes McCallen, Vice-President of Citizens for Ormond Beach, 40 Longfellow Circle, expressed her appreciation to all those how supported the River’s Referendum Campaign. She thanked John Collins, Doyle Tumbleson, and Bellemead Corporation for making the property available for acquisition as well as aiding in the cost for the referendum. She thanked the Trust for Public Land and the State of Florida’s Department of Environmental Protection for their assistance. Ms. McCallen also thanked the Ormond Beach voters, the Ormond Beach City Commission and staff, and Citizens for Ormond Beach who cultivated the campaign as well as financed it.

Daytona Beach Shores Election

Mr. Don O’Lone, 1304 Northside Drive, commented relative to the government and recent election in Daytona Beach Shores and complemented the Ormond Beach Commission on their actions as the governing body in Ormond Beach.

Police Chief Selection

Ms. Leilani Makris, 203 South Orchard Street, 2B, a thirty (30) year resident and a business owner in Ormond Beach, expressed support for a local police chief for the following reasons: a local officer knows the City, knows the officers, and knows Ormond Beach’s system; to promote from outside will cost taxpayers money that could be used for other City projects; a local officer would bring knowledge and experience to the department; a metropolitan chief is not aware of the needs of a small community; Ormond Beach claims to promote from within as an incentive for advancement, yet no one from within is given the opportunity to advance as chief; and a hometown image is better served if a hometown citizen run the Police Department. Ms. Makris stated the narrowing down process was based on a grading system, after which the top ten (10) were chosen, all of whom are from out of town and will be given an administrative test to determine their capability. She recommended giving the test prior to the narrowing down process. Ms. Makris stated Richard Hedges has twenty (20) years experience with the Department and has proven himself as Acting Chief. She stated his fellow officers are supportive and receptive of his capabilities, but even though he is currently Acting Chief and is qualified as a candidate, he was ruled out. She asked that Mr. Hedges be given an opportunity to be given the test. She urged, as a business owner and a concerned citizen, along with hundreds of other citizens in Ormond Beach as demonstrated in a petition given to Mr. Eugene Miller, City Manager, that Richard Hedges be given the opportunity to be the next police chief. Ms. Makris stated there was no response from Mr. Miller regarding the letters and petition submitted to him.

Mr. Tom Burks, 422 South Halifax Drive, stated that Mr. Miller brought in Chief Stewart, for whom he has a great deal of respect and gratitude for the things he did for the community; but he contended Chief Stewart spent a lot of time away from Ormond Beach, which is a result of bringing someone in from out of town. He stated a candidate from out of town will not be familiar with the culture of the people nor the police personnel. He stated Commander Hedges, in essence, ran the department for the past five years. Mr. Burks stated hiring from outside destroys the incentive to excel, and it would be a big mistake to forget Ormond Beach is a small community. Mr. Burks contended it will take three (3) years to acclimate an out-of-town chief to the Department and to the community. Mr. Burks stated that the final decision is up to the Mayor and City Commission, not Mr. Miller; whereby Mayor Hood advised as stated in the City Charter, the law prohibits the Commission from making these kinds of decisions.

Skateboard Park

Mr. Shawn Anderson, 50 South St. Andrews Drive, presented a petition for a skateboard park to be built. Mayor Hood advised the issue of a skateboard park will be on the October 28th City Commission agenda, and Mr. Anderson’s petition will be placed on file with the City Clerk.

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 Kelley moved, seconded by Commissioner Boyle, for approval of the Consent Agenda as presented.

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

Item #8 - Lakevue-Tract Subdivision Street Name Changes

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

ORDINANCE NO. 97 - 62

AN ORDINANCE CHANGING THE NAME OF "LAKEVUE DRIVE" TO "NATURE TRAIL" AND THE NAME OF "NATURE TRAIL" TO "ARBORVUE TRAIL"; REPEALING ALL INCONSISTENT ORDINANCES OR PARTS THEREOF; SETTING FORTH AN EFFECTIVE DATE.

Commissioner Persis moved, seconded by Commissioner Kelley, for approval of Ordinance No. 97-62, on second reading, as read by title only.

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

Item 9(A) - Parking For Shared Uses In The Granada/Bovard Streetscape Overlay District

ORDINANCE NO. 97 - 63

AN ORDINANCE RELATIVE TO PARKING FOR SHARED USES IN THE GRANADA/BOVARD STREETSCAPE OVERLAY DISTRICT; AMENDING SECTION 11.02 OF THE LAND DEVELOPMENT CODE BY ADDING A PARAGRAPH E5 THERETO TO ALLOW GREATER FLEXIBILITY FOR PARKING WHEN REDEVELOPING AN EXISTING SITE IN THE CENTRAL BUSINESS DISTRICT; SETTING FORTH AN EFFECTIVE DATE.

Commissioner Kelley moved, seconded by Commissioner Persis, for approval of Ordinance No. 97-63, on first reading, as read by title only.

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

Item #9(B) - Color and Design Standards

ORDINANCE NO. 97 - 64

AN ORDINANCE RELATIVE TO COLOR AND DESIGN STANDARDS FOR SHOPPING CENTERS, INDUSTRIAL PARKS, OR OTHER DEVELOPMENTS HAVING MORE THAN ONE (1) BUSINESS, OFFICE OR INDUSTRIAL USE; AMENDING SECTIONS 10.01, 14.09, AND 14.12 OF THE LAND DEVELOPMENT CODE TO ALLOW FOR VARYING STYLES, COLORS AND TYPES OF SIGNS IN SUCH DEVELOPMENTS; REPEALING ALL INCONSISTENT ORDINANCES OR PARTS THEREOF; SETTING FORTH AN EFFECTIVE DATE.

(Note: Commissioner David Schecter arrived at 7:20 p.m. during discussion of this item).

Mr. Clay Ervin, Planning Director, stated this request was initiated by Mr. David Neubauer, trustee for various developments throughout the City, specifically Granada Plaza. He stated the applicant is requesting two (2) amendments to the Land Development Code (LDC)--one which would allow use of any accent color within the Streetscape area, and another which deals with sign standards for large scale shopping centers requiring a harmonious use of colors, awnings, and building materials. Mr. Ervin stated that the proposed amendments keep the current standards intact but add language that staff finds very ambiguous and create problems for staff to implement and enforce City-wide. He advised staff recommends the Commission not approve the proposal. Mr. Ervin emphasized these changes would apply Citywide and not specifically to the Streetscape area. He stated other cities in Florida and the nation have similar, if not more restrictive, codes relative to community appearance standards.

Mr. Ervin stated if the City Commission agrees there should be standards in place for non-residential developments such as shopping centers, then no change should be made to current language. He stated if the Commission feels the current language is inappropriate and the City should not be getting into the regulation of colors and awnings, staff should be directed to delete the appropriate language. He stated staff is trying to use these standards to come up with a quality development and is not mandating that every building look the same, but that there be a common theme. Mr. Ervin presented a number of slides showing examples of shopping centers both harmoniously and not harmoniously coordinated. He stated staff is trying to protect the corporate image of those businesses coming in, but also protect the corporate image of Ormond Beach itself.

Commissioner Boyle asked if there had been a commitment by TGI Friday’s (Friday’s) to conform to the standards that were in place. Mr. Ervin answered affirmatively and explained that the Planned Business Development approval allowed for a waiver of a certain amount of parking and that certain standards had to be put in place. He advised one concern had been that Friday’s would not locate in this shopping center without the red and white awnings; however, staff informed the trustee of the shopping plaza that they had to work the awning color into the Streetscape color by using terre cotta and red accents that would be harmonious with the remainder of the shopping center. He stated the applicant requested a Certificate of Occupancy be issued without making the conversion so the trustees could work toward a possible change to the Development Order, to which staff agreed. He stated the trustees then appealed Mr. Ervin’s decision to the City Commission in March. He stated that at that time the Commission agreed with his interpretation, but required the trustees to work with staff to come up with an alternative to be consistent with Section 14.09 of the LDC or come back to request an amendment to the Code. Mr. Ervin advised he has met numerous times with the trustees since then, but the solutions were not acceptable to the applicant; therefore, they are asking to change the Code. Commissioner Boyle clarified that before the fact there was an agreement in place, but after the fact that agreement was no longer acceptable to the applicant.

Mr. David Neubauer, 47 John Anderson Drive, Trustee for the Weekie Watchie Lease Trust which owns Granada Plaza, stated the intent of the application is to define harmoniously coordinated. He stated the dictionary definition is "a combination or blending of separate parts to a pleasing whole," not uniformity, conformity, balance, sameness, or colors of a family, but combinations of colors so long as the overall effect is pleasing. He contended that the current requirements are not clear; and by leaving the Granada Plaza colors as they are today, they would be harmonious. He stated the Commission approved a Development Order on September 17, 1996, which accommodated certain colors and awnings for TGI Friday’s, and it was agreed upon, to make other awning and color changes in the balance of the shopping center. He relayed that in February, 1997, he appealed the Planning Department’s interpretation of the Development Order because the owners and he believed the mandated colors in the Order were incorrect. With no relief from this appeal, he stated he took the next step, which is this request to change the Code to achieve the desired result. Mr. Neubauer stated he regrets not raising this issue at the time the original development order was signed, but questioned what can be done about what is perceived as a bad decision.

Mr. Charles Lichtigman, co-trustee for the Weekie-Wachee Lease Trust, stated this is not an appeal for monitory reasons but is solely for aesthetic reasons. Mr. Lichtigman stated that a bond has been placed with the City in an amount far in excess of the cost to replace the awnings, and he asked the Commission to look beyond the letter of the Code and consider what the City and community will be happy with in the future.

Commissioner Kelley moved, for discussion, for approval of Ordinance No. 97-64, on first reading, as read by title only. The motion died for lack of a second.

Commissioner Kelley stated he believes the colors are harmoniously blended. He indicated that Mr. Ervin is correct in his interpretation from a staff perspective, but he disagreed with the Commission’s limiting colors and defining harmonious because harmonious colors are determined by the eye of the beholder. Mr. Ervin explained the Land Development Code specifically states "shall be consistent with the characteristics of Mediterranean design and that the colors for the largest portion of the building shall be selected from the list of primary colors that are on the Streetscape Color Chart." He stated that the Streetscape Color Chart has red and terre cotta colors. He stated the original Streetscape plan suggested "that architectural controls are highly subjective and difficult to administrate, but we should be open to other parts and various elements of style outlined in this report except with regard to color." He stated the criteria should be reviewed as mandatory, at least within the range of the recommended color.

Mayor Hood expressed agreement with asking staff to see if there is a mechanism to come to a conclusion and report back at the next meeting.

Commissioner Schecter stated that six (6) months ago the Commission was asked to grant additional time to look into this issue, and staff was reluctant because a Development Order had been signed. He stated additional time is not necessary. Commissioner Schecter stated that the Commission, as policy makers, directs staff to deal with these issues every day and at every level, and he indicated his confidence in staff’s ability to do so. He stated that at this point, the development is out of order and needs to come into compliance.

Commissioner Boyle stated he regrets his previous vote which granted the extra time. He stated it is now six (6) months later and no closer to any solution and he doesn’t see smaller businesses getting the same kind of latitude. He agreed with Commissioner Schecter’s statements.

Commissioner Persis also agreed with Commissioner Schecter’s assessment.

Item #9(C) - Non-Conforming Signs

ORDINANCE NO. 97 - 65

AN ORDINANCE RELATIVE TO NON-CONFORMING SIGNS IN THE GRANADA/BOVARD STREETSCAPE OVERLAY DISTRICT; AMENDING SECTION 14.12 OF THE LAND DEVELOPMENT CODE BY AMENDING PARAGRAPH C3 THEREOF TO EXTEND THE DEADLINE FOR REMOVING SUCH SIGNS AND TO EXTEND THE DEADLINE FOR PROVIDING NOTICE TO REMOVE SUCH SIGNS; REPEALING ALL INCONSISTENT ORDINANCES OR PARTS THEREOF; SETTING FORTH AN EFFECTIVE DATE.

Commissioner Schecter moved, seconded by Commissioner Boyle, for approval of Ordinance No. 97-65, 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(D) - Office of the City Manager

ORDINANCE NO. 97 - 66

AN ORDINANCE RELATIVE TO THE OFFICE OF THE CITY MANAGER; AMENDING SECTIONS 2-53, 2-54 AND 2-55 OF THE CODE OF ORDINANCES BY DELETING THE SPECIFIC FUNCTIONS OF EACH OFFICE AND INCORPORATING THE JOB DESCRIPTIONS AND BY AMENDING THE TITLES OF THE OFFICE OF AIRPORT AND ECONOMIC DEVELOP-MENT AND OF THE DIRECTOR THEREOF; AMENDING SECTION 3.3-1 OF THE CODE OF ORDINANCES BY AMENDING THE DEFINITION OF "AIRPORT MANAGER"; REPEALING ALL INCONSISTENT ORDINANCES OR PARTS THEREOF; SETTING FORTH AN EFFECTIVE DATE.

Commissioner Schecter moved, seconded by Commissioner Boyle, for approval of Ordinance No. 97-66, on first reading, as read by title only.

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

Item #9(E) - Final Plat Approval of Phase III, Unit 3B of Breakaway Trails

ORDINANCE NO. 97 - 67

AN ORDINANCE APPROVING THE FINAL PLAT OF PHASE III, UNIT 3B, OF THE "BREAKAWAY TRAILS" DEVELOPMENT OF REGIONAL IMPACT; ESTABLISHING CONDITIONS AND EXPIRATION DATE OF APPROVAL; AUTHORIZING THE PLACEMENT OF OFFICIAL TRAFFIC CONTROL DEVICES; REPEALING ALL INCONSISTENT ORDINANCES AND RESOLUTIONS OR PARTS THEREOF; SETTING FORTH AN EFFECTIVE DATE.

Commissioner Persis moved, seconded by Commissioner Schecter, for approval of Ordinance No. 97-67 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(A) - Sidewalk Master Plan

RESOLUTION NO. 97 - 193

A RESOLUTION APPROVING THE SIDEWALK PROJECTS FOR THE CITY’S SEVEN-YEAR SIDEWALKS PROGRAM; AUTHORIZING STAFF TO PROCEED WITH THE SAID PROJECTS; SETTING FORTH AN EFFECTIVE DATE.

Commissioner Schecter moved, seconded by Commissioner Kelley, for approval of Resolution No. 97-193, as read by title only.

Mrs. Alice Jaeger, 447 Triton Road, asked for clarification regarding the sidewalk extension on A1A from Neptune Avenue to Granada Boulevard. She asked if anything could be done to get the sidewalk built, stating she has safety concerns regarding this road. Ted MacLeod, Public Works Director, advised this sidewalk is slated for 2002 because of the high cost of right-of-way.

Mayor Hood stated that those projects where the right-of-way is volunteered by all people affected should move to the front of the list of sidewalk projects. Commissioner Kelley noted that the cost of the right-of-way can be as high as 50% to 70% of the total cost.

Commissioner Boyle stated that the Gyabi Lassiter Sidewalk Master Plan report, as far as needs assessment, placed the A1A sidewalk at the top of the list; however, there are some concerns regarding the close proximity of the traffic to where the sidewalk would be placed. He questioned the possibility of a protective guard, similar to that on the Granada Bridge, and indicated this may lessen the need for as much right-of-way and still provide safety.

Mayor Hood stated the City would have liability if a sidewalk were placed in a situation where it places the walker close to either A1A traffic or golf balls from the golf course without taking prudent action to eliminate that risk. Ms. Jaeger stated the golf ball danger is not one to be concerned with; whereas, the real danger is people walking on the street. She added that the sidewalk would be a real asset to the community.

Mr. Brian Deising, 503 Cherrywood Drive, stated that on May 20, 1997, he presented a petition with approximately 200 signatures regarding the sidewalk on Orchard Street between Division Avenue and Granada Boulevard, and he asked when the citizens could expect a sidewalk. Mr. MacLeod stated that according to the project needs assessment, this sidewalk ranks high on the list, but because of the high cost of right-of-way, it is listed quite a way into the future. Mayor Hood suggested that if the adjacent residents would donate the right-of-way, the project could be moved up again. Mr. Deising advised there had been a death a few weeks ago on the corner of Granada Boulevard and Orchard Street, and other children have been killed on that street as well. He stated Central Park is close by with no sidewalks to access it.

Mr. Gary Boone, 502 Cherrywood Drive, stated his concern is the safety of the children who will be using Orchard Street. If a sidewalk is not possible, he recommended stricter law enforcement to monitor speed limits.

Mr. Miller stated that this is the third phase of developing and implementing a major infrastructure improvement program for Ormond Beach. He stated Mr. Paul M. Lane, Finance Director, with the consultant and City Engineer and Public Works Director developed a financing program that is "painless" for the completion of the work within seven (7) years with existing revenues, hopefully without the use of a half mill property tax. He advised that, where feasible, the pavement, drainage and sidewalk projects will be dovetailed together.

Mr. Fred Disselkoen, City Attorney, stated that part of the problem keeping people from donating easement is due to liability. He suggested that if the City were to hold the property owners harmless for liability, they would be more willing to donate the land.

Commissioner Persis stated that Mr. Deising indicated there were accidents on Orchard Street, but the Ghyabi Lassiter report does not show this statistic which is one criteria that would raise the ranking. Mayor Hood asked that the consultants talk with Mr. Deising regarding this matter after the meeting.

Commissioner Persis stated that the area on Orchard Street from Division Street to Granada Boulevard has intermittent sidewalks; therefore only approximately one-half mile of sidewalk would be required. He suggested the Commission vote to hold the land owners harmless, which would lower the cost; and if the criteria for "need" goes up because of the accident, Orchard Street could be at the top of the list. Commissioner Persis stated the people on Orchard Street came to the Commission and demonstrated that need before there was a Sidewalk Master Plan, and he suggested the ranking system is misleading since the scores are so close. He stated sidewalks are utilized by every age group, from babies in strollers to the elderly and handicapped. He stated having a safe place for people to walk and enjoy the fresh air brings out the best in the City; therefore, sidewalks are very cost effective. Commissioner Persis noted that the cost of placing a sidewalk on Orchard Street is only $46,500, and 200 people have signed a petition asking for the sidewalk. He stated that models are helpful, but sometimes there are extenuating circumstances that do not fit into the model, and he asked that consideration be given for quickly providing this sidewalk.

Commissioner Kelley suggested the people make an effort to have their neighbors donate the right-of-way to move their sidewalk up in the ranking. He suggested that if bicycles are included in the hold harmless agreement, there is a need for further investigation regarding the City’s present ordinances regarding bicycles in the right-of-way.

Commissioner Schecter requested a history of the statutes on the liability issue and the City Attorney’s recommendation by the next meeting. He expressed his appreciation to the consultants for a strong report, and urged that Option 1 be approved.

Commissioner Boyle thanked the people who spoke on this issue as well as Commissioner Persis for their remarks. He stated this is a critical issue and he is satisfied by the ranking, but there is a need to accelerate the plan. He stated the City Manager mentioned this could be done "painlessly," but he believes by the remarks made, that the people are willing to absorb the pain of dollars for a quality community. He stated Ormond Beach has the second lowest tax rate in the County, and since the need is so great, he recommended to accelerate the process as quickly as possible.

Mayor Hood stated that the study was done correctly, with an attempt to remove the politics from the equation. He agreed that sidewalks are more important than some other projects because they relate to safety of children and senior citizens. Mayor Hood stated he would like the plan completed within then next two (2) to three (3) years, rather than the seven (7) years suggested. He suggested the City lead each of the neighborhood groups to relate to the residents that, if they want a sidewalk within the next two (2) to three (3) years, they need to donate the right-of-way. He advised the way the system is now set up, $350,000 a year will be funded, leaving .5 mill short in three (3) years. To accomplish the project more quickly, he suggested monies be borrowed from other City funds and those funds be paid back within the seven (7) years the project was set to run.

Commissioner Kelley pointed out that some people may not donate the right-of-way knowing that the City will buy it within the three (3) year period. Mayor Hood stated that this is a problem, but that should not paralyze the City from taking action. He stated if there are such people, he wants everyone on that street to know who they are and that they do not have the best interest of the community in mind.

Commissioner Boyle moved, seconded by Commissioner Schecter, to amend the resolution to: adopt the plan with the completion of the sidewalks within three (3) years; that the City lead each area that relates to the sidewalks in an attempt to have all right-of-way donated; that those projects that have the right-of-way donated shall move up the list in the same order as the current ranking; that whatever money the City is short is to be funded and any necessary funds be repaid at the back end in four (4), five (5), six (6), and seven (7) years; and that the projects that are tied into major drainage projects will wait for the drainage projects before the sidewalks are completed.

Commissioner Schecter suggested using the Reserve Fund for this project, and he requested staff to determine when the Fund could become available for this purpose.

Commissioner Persis stated he agreed with Commissioner Schecter’s suggestion. He stated the safety of citizens should not be equated with the cost of right-of-way but should be the City’s responsibility.

Mr. Miller stated the financial plan is for a seven (7) year program, not a three (3) year program, and he suggested a workshop to discuss the direction the Commission wants staff to take. Mayor Hood stated there is no need for a workshop, and he has confidence the Finance Director can come up with a new financial plan for a three (3) year project by the October 28th meeting.

Call Voteon Resolution as Amended: Commissioner Persis yes
Commissioner Boyle yes
Commissioner Schecter yes
Commissioner Kelley yes
carried. Mayor Hood yes

Item #10(B) - Pay and Classification Plan

RESOLUTION NO. 97 - 194

A RESOLUTION AMENDING THE PAY AND CLASSIFICATION PLAN; SETTING FORTH AN EFFECTIVE DATE.

Commissioner Schecter moved, seconded by Commissioner Kelley, for approval of Resolution No. 97-194, as read by title only.

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

Item #11(A) - City/Halifax Humane Society Procedures

Mayor Hood asked Mrs. Alice Jaeger if the staff’s response to her concerns regarding this issue had been communicated to her. Mrs. Jaeger stated she had not heard any follow-up; whereby, Mayor Hood stated staff should communicate the follow-up to citizens who come before the Commission. He informed Mrs. Jaeger that the City has worked with the Human Society and has addressed the process to prevent the problem from happening again. A copy of the memo relating to this issue was given to Mrs. Jaeger.

Item #11(B) - Petition for Recount

Mr. Disselkoen advised Commissioner Kelley has petitioned for a recount in the September 30, 1997, Zone 3 election. He stated that his legal analysis would be that the Commission not grant the request because there is no specificity and only the mere possibility that the outcome would have been affected. Mr. Disselkoen stated he spoke to Deanie Lowe, Supervisor of Elections, who explained to him that the problem in the precincts that were slow in reporting was due to the fact that they got busy signals on the phone lines and could not get through; therefore, they had to drive the returns down to the speedway drop-off location.

Commissioner Kelley stated he was basing his appeal on the fact that there could be some equipment malfunction and because of the hour and one-half time delay problem. He stated he would like to pursue his request for a recount.

Ms. Deanie Lowe, Supervisor of Elections, providing a printout of the times that each of the precincts reported in. She stated four (4) precincts, three (3) of which were at the Nova Recreation Gym came in later than the others because furniture had been placed in front of the telephone outlet that was supposed to be used for transmitting. She explained the pollworkers are instructed to try to call for ten (10) minutes, and if they cannot get through, to pack up and take the equipment to the drop site which was at the speedway. She stated Ormond Beach was the furthest location from the speedway, thus it took longer to arrive and they got caught up in the lines of people from other precincts unloading their equipment. Ms. Lowe stated her staff checked with all the clerks and there were no problems with the equipment, and she advised the modem for transmitting has no connection with the scanning capability. Commissioner Kelley recanted his request for a Commission vote for a recount.

Item #12- Reports, Suggestions, Requests

Historical Society $15,000 Deficit

Mayor Hood advised that Mr. Don Bostrom has requested the issue relating to the Historical Society’s $15,000 deficit be placed on the agenda; therefore, he requested staff place this item on the agenda for the next meeting. Commissioner Schecter suggested that the issue may be able to be handled administratively; whereby, Mayor Hood asked that Mr. Bostrom work with Mr. Miller, and if the issue cannot be resolved before the next meeting, that it be placed on the agenda.

Police Chief Selection

Relative to a discussion earlier in the meeting regarding the selection of a police chief, Mayor Hood advised that Human Resource officers from several major companies had formed a committee to review the resumes and short-list the applicants. He stated that from that short-list, the City would test and further interview the applicant.

Commissioner Boyle stated that there have been serious questions in the community about the process and that local candidates should be given the utmost consideration. He stated he does not believe this was done in this instance. Commissioner Boyle asked that this be placed on the next agenda.

Commissioner Schecter stated that since there were only two (2) or three (3) local candidates who applied for the position, the list to be considered should be extended to include these candidates rather than wait for the next meeting.

Mr. Miller stated that this type of involvement is defeating the quality method of selecting personnel. He stated that while he will honor and respect the Commission’s and the community’s input, according to the City Charter, personnel selection is his responsibility and this is done to de-politicize the process. Mr. Miller stated that the process which is being used is a professional one.

Mr. Disselkoen stated that the process has already progressed to a certain point, and there are three weeks before the next City Commission meeting; therefore, Mr. Miller may already have made a selection by the time of the next meeting. Mayor Hood stated that the City Commission cannot take a vote on this issue without it being placed on an agenda.

Mr. John Cavanaugh, 938 Parkwood Drive, suggested that a bonus point be given to those who are local candidates.

Mr. Miller stated to place this issue on a public agenda will be counterproductive to selecting a police chief. He stated the vacancy was advertised in journals, it is on the Internet, and it is posted internally. He reported the City received 148 applications. Mr. Miller advised the committee developed a list of criteria, and he is very confident that the criteria on the list is very objective. He stated the committee was asked to come up with seven (7) to ten (10) best candidates, and the list was not biased toward local applicants. He explained that from that list, on September 5th, the committee came up with ten (10) applicants. He advised initial records checks were started of those ten (10) candidates, and two (2) to four (4) candidates will be brought in for personal interviews with the Personnel Director, City Manager, and an outside independent law enforcement official. Mr. Miller stated the process has been fair and equitable.

Commissioner Boyle stated that perception is nine tenths of the law. He stated the police chief selection process is already a public issue, and it needs to be aired. He stated people see politics already involved in that there was reverse discrimination against the local people. Commissioner Boyle stated that the problem in a process such as this is that the City attracts high quality candidates, but they come from other parts of the country to Ormond Beach to work for three (3) to five (5) years and then move on. He stated the community wants continuity.

Mayor Hood stated that the Charter allows the City Manager to proceed, and he suggested that Mr. Miller proceed but also place the item on the next agenda for discussion.

Election Participation

Commissioner Boyle expressed his appreciation to the people of Ormond Beach for their participation in the recent election regardless of whom they supported.

The River’s Referendum

Commissioner Schecter stated his appreciation to City Attorney Fred Disselkoen for his work on the River’s property.

Commissioner Persis also praised the voters of Ormond Beach for passing this important referendum.

Mr. Disselkoen stated the praise should also go to Mayor Hood for his support in placing the bond issue question on the agenda for vote.

Fire Emergency

Commissioner Kelley stated that on October 4th there was a life endangering fire situation at 52 South Atlantic. He stated the Ormond Beach Fire Department responded very quickly with a total of ten (10) Fire Department personnel on the scene. He stated the citizens can rest easy knowing our Fire Department has adequate personnel for emergencies and does a good job.

Election

Commissioner Kelley stated this election elicited the lowest turnout in Zone 3 in several elections. He suggested the future Commission look at the Uniform Election Law. He stated the timing of the election may have contributed to the low turnout along with campaigning and sign problems.

Commissioner Persis suggested establishing campaign ground rules regarding signs, flyers, and supporters on street corners that would be fair and equitable. He stated campaigns should not have to be like a war. He stated Ormond Beach has taken the lead in many areas, and he suggested the City take the lead in decency in campaigning.

Sidewalk Master Plan

Commissioner Persis expressed his appreciation to the consulting firm for the Sidewalk Master Plan and to the Mayor for the accelerated schedule for completion.

New Personnel Introductions

Mr. Miller introduced Mr. Fred Baughman, Economic Development Director, and Mr. Barry Baker, Fire Chief.

Ormond Funeral Home Conflict

Mr. Disselkoen advised that at the last meeting, a conflict was declared by Mayor Hood who has provided documentation advising he is retained as counsel for the Ormond Funeral Home.

National League of Cities Meeting

Mayor Hood asked if there were any objections to his attending the National League of Cities meeting in Philadelphia, Pennsylvania. There was no objection.

Item #13 - Close The Meeting

The meeting was adjourned at 9:00 PM.


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