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APRIL 7, 1998 7:00 PM Present were: Mayor Dave Hood, Commissioners Jeffrey J. Boyle, Thelma Irvin, Frank Gillooly, Carl G. Persis, City Manager Eugene Miller, City Attorney Randy Hayes, and Veronica Patterson, City Clerk. 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 Dr. Harry Berger, Beth Judah Messianic Congregation. 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 March 17, 1998, Regular Meeting and the March 24, 1998, Special Meeting have been sent to the Commissioners for review and asked if there were any corrections, additions, or omissions. Commissioner Persis moved, seconded by Commissioner Boyle, to approve the minutes as submitted.
Item #5 - Employee-of-the-Quarter Award to Bill Butler This item was postponed to the next regular meeting. Item #6 - Audience Remarks Citizen Comments at End of Meetings Mr. Jim Powers, 3 Santa Lucia, requested that each City Commissioner respond to the idea of giving the citizens an opportunity to speak at the end of the meeting relevant to those issues brought up during the meeting. Commissioners Boyle, Irvin and Gillooly supported this suggestion. Commissioner Persis indicated he would prefer to limit comments to the beginning of the meeting unless there would be a time limitation placed on comments at the end of meetings. Mayor Hood asked that citizen comments be added to the agenda on a trial basis for the next three (3) months. Code Enforcement Ms. Irene Cooney, 6 Alexander Court, Oak Forest Subdivision, expressed her appreciation to those whom she has contacted and are sincere in their endeavors to revitalize the City’s neighborhoods, but she indicated without a competent staff, success will not be attained. Ms. Cooney provided the Commission with a copy of a recent survey by the Building Department on the issue of motor homes and boat limitations which she stated contain a number of inaccuracies. She stated a permit was granted for a super structure garage in error in the Fall of 1997. She noted the Code calls for all materials, including roofing, to be similar or consistent with the materials used in the principal building, but the materials used did not comply to the Code. Ms. Cooney stated the Code distinctly states that a new survey is required, illustrating current and any proposed structures, yet this structure was not shown on a survey nor was there a recent survey required. She indicated hazardous material, two (2) acetylene tanks, are being stored in this garage. Ms. Cooney stated this problem has been brought to the City’s attention various times since last November with little result. Mayor Hood advised that the complaints levied by Mr. and Mrs. Cooney are scheduled to be addressed by the Planning Board on Thursday evening. Manatee Sanctuary Signage Ms. Mercedes McCallen, 40 Longfellow Circle, Vice-President of Citizens for Ormond Beach, requested that signs be posted designating the manatee sanctuary as a "no motorboat area." Mr. Clay Ervin, Planning Director, stated staff is working with the Department of Environmental Protection to accomplish this. Goldy Property Ms. McCallen asked if any information is available regarding the Goldy property next to the Tomoka River and John’s Island. Mayor Hood stated the property owner has not given a cost for the property or indicated their willingness to sell it to the City. Mr. Ervin advised staff is working on the appraisal of the property, pursuing grants, and initiating negotiations with the property owner. Police and Fire Department Professionalism Mr. Don O’Lone, 1304 Northside Drive, commended the Police and Fire Department for their professionalism during the recent accident at the coffee shop on Granada Boulevard. 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 Gillooly moved, seconded by Commissioner Boyle, for approval of the Consent Agenda.
Item #8 - "Battleship" Subdivision Commissioner Persis moved, seconded by Commissioner Gillooly, to close the public hearing on Item #8. The motion carried unanimously. ORDINANCE NO. 98 - 10
Commissioner Persis moved, seconded by Commissioner Boyle, for approval of Ordinance No. 98-10, on second reading, as read by title only.
Item #9(A) - Changing Name of "Old Ridge Way" to "Old Bridge Way" ORDINANCE NO. 98 - 11
Commissioner Persis moved, seconded by Commissioner Gillooly, for approval of Ordinance No. 98-11, on first reading, as read by title only.
Item #10(A) - "Homeowners’ Protection Act" RESOLUTION NO. 98 - 67
Commissioner Persis moved, seconded by Commissioner Irvin, for approval of Resolution No. 98-67, as read by title only. Commissioner Persis asked if the intent of the bill is to reduce rates, prohibit most cancellations, and have insurance providers carry more of the risk. Mayor Hood responded that the bill attempts to provide a balance between the rights of homeowners and insurance companies regarding cancellations, rates and other issues.
Item #10(B) - Creation of the Local Government Study Commission in Volusia County RESOLUTION NO. 98 - 68
Commissioner Persis moved, seconded by Commissioner Boyle, for approval of Resolution No. 98-68, as read by title only. Commissioner Boyle nominated Mayor Hood, seconded by Commissioner Gillooly, to be the City of Ormond Beach’s representative to the Local Government Study Commission.
Item #11(A) - Skateboard Facility Mr. Eugene Miller, City Manager, stated that in the process of seeking an alternate location for consideration, a contact has been made with Skate Center who indicated an interest in a public/private partnership for a skatepark facility. He asked for authorization to proceed using the guidelines prescribed in the staff report for negotiations. Mr. Miller requested thirty (30) days for these negotiations. Commissioner Gillooly stated there is no question that the entire Commission would like to see the skatepark expedited, but since a new site is under consideration, a new design may be necessary to accommodate the new site. Additionally, he advised there is currently a bill before the legislature that would limit municipal liability for skateparks, and this may affect Ormond Beach. Commissioner Gillooly stated since privatization or a public/private partnership is an option for City Commission consideration, he recommended Resolution No. 98-44, which ties the park to "Option C," be rescinded. He stated rescinding this resolution would give greater flexibility in design but would not preclude the City from utilizing "Option C" after other alternatives have been thoroughly investigated. Commissioner Irvin stated there are a lot of questions that need to be answered before a final decision is made, and she would favor spending extra time now to thoroughly research all aspects of a park. Commissioner Boyle stated new and crucial information is being received all the time and negotiating without a requirement to adhere to a particular design would be more appropriate. He stated he also feels the outcome of the pending bill is of vital importance to this issue. Commissioner Persis expressed a great deal of frustration at the delays which are also frustrating to the skateboarders. He expressed dissatisfaction that this has taken so long, but encouraged the skateboarders to be patient so they can get the first-class quality skatepark that is desired by all. He did not disagree with readdressing the location and design as long as the Commission and staff remain mindful of the original goal and headed toward it. Mayor Hood stated the consensus is to rescind Resolution No. 98-44 to give Mr. Miller a "clean slate" in negotiations regarding a skatepark and that this be done with all due haste. Item #11(B) - Naming of Parks and Recreational Facilities Commissioner Gillooly stated he was impressed by the plaque and ceremony which honored Mr. Joseph Price and recommended annually honoring one of Ormond Beach’s forefathers in a similar manner. He suggested implementing a "Hall of Fame" in City Hall or the gazebo at Fortunato Park to minimize the number of requests for park name changes. Commissioner Gillooly recommended naming parks and streets on a case-by-case basis, and he asked for criteria from staff for City Commission consideration. Commissioner Boyle stated the City has done an effective job to date in naming of parks and recreational facilities. He indicated he believes that less guidelines enable more flexibility. Commissioner Persis and Commissioner Irvin agreed with Commissioner Boyle. Mr. John Leemkuil, 266 Melrose Avenue, recommended a park be named after Mayor Charles Bailey who was Mayor for ten (10) years and a City Commissioner before becoming Mayor. Mayor Hood asked that Commissioner Gillooly’s recommendation regarding a "Hall of Fame" and Mr. Leemkuil’s recommendation regarding naming a park for Mayor Charles Bailey be placed on the next agenda for further discussion. Mayor Hood stated the consensus is to continue naming parks on a case-by-case basis. Item #11(C) - Garage/Yard Sales Commissioner Gillooly suggested staff develop options for Commission review regarding garage/yard sales for the next meeting. He stated he would greatly appreciate audience remarks at the next meeting regarding the following three (3) recommendations: (1) that the City strictly enforce the number of garage/yard sales per year, keeping more accurate records, and setting automatic fines; (2) that the City allow only one sign, the permit, to advertise the sale and set automatic fines for each sign placed illegally; and (3) that the City restrict sales to one per week, per month, per zone. Commissioner Gillooly asked Mr. Mark Schlueb of the News-Journal to consider an article regarding this item to encourage citizen input. Mayor Hood asked staff to place this item on the agenda for the next meeting. He expressed disagreement with government interfering in the personal lives of its citizens to this extent. Mayor Hood asked staff to be assured this item would be advertised to allow citizen comment. Item #11(D) - Review of Holly Hill Annexation Proposal Mr. Miller advised he has been contacted by Holly Hill officials and the media regarding Ormond Beach’s position regarding the possible Holly Hill annexation of portions of unincorporated Volusia County. He stated he had a discussion today with Don Lusk, Holly Hill City Manager, where Mr. Miller mentioned the desire to "square up" the City’s boundaries so that municipal services can be provided in a logical manner. Mr. Miller stated, at a minimum, Hand Avenue should be the dividing line separating Holly Hill and Ormond Beach. Mr. Lusk indicated he did not believe his City Council would object to Ormond Beach approaching the eight (8) property owners affected by the possible annexation, but indicated that should be done before Holly Hill is required to advertise for their referendum on June 16, 1998. Mayor Hood stated he has no objection to approaching these residents if Holly Hill has no objection, but he understood that at the Goals Workshop it was decided to invite the Holly Hill City Council to a joint meeting with the Ormond Beach Commission to discuss a reasonable basis on how to provide municipal services before the election. Commissioner Boyle stated he understood dialogue between Ormond Beach and Holly Hill was being sought and that the developed areas would be "squared up" rather than simply annexing the undeveloped areas. Mayor Hood stated the area around the Riviera Hotel has a jagged line as well. He suggested looking at the situation from a holistic viewpoint as opposed to isolated spots. Mr. Miller advised Holly Hill’s annexation proposal is from US #1 west to Clyde Morris Boulevard. Commissioner Boyle moved, seconded by Commissioner Persis, to invite Holly Hill to a public meeting within the next two (2) weeks to discuss solutions to the problem of servicing fire, police, water and sewer to residents along the border of Holly Hill and Ormond Beach.
Mr. Miller stated he would contact Holly Hill and expeditiously set up a meeting. Item #11(E) - Review of Town Meeting Regarding Consolidated Tomoka Land Company Property Mr. Clay Ervin, Planning Director, stated the Volusia County Council asked that any official comments, questions or recommendations by the City Commission be directed to the County Council, as opposed to all the comments from the general public, to assure them that the comments have Commission support. He advised staff sent comments to the Planning and Land Development Review Committee of Volusia County stating the environmental concerns and concerns regarding the provision of water and sewer, and a lower density than was requested by the applicant was recommended. Commissioner Gillooly moved, seconded by Commissioner Boyle, to recommend that the Volusia County Council NOT transmit this Land Use Amendment.
Mr. Ervin stated staff will prepare a letter to Volusia County staff informing them that a public hearing was held, and the City Commission has directed staff to request they not transmit the proposal, as requested, and the property remain Forestry Resource. Mr. Ervin asked if the County Council does not decide to agree with this recommendation, if it would be appropriate to recommend the one (1) unit per acre designation as the second best alternative; whereby the Commission concurred. Commissioner Gillooly commended Mr. Ervin for his direction at the town meeting. Item #11(F) - Roundtable Discussion on "Squaring Up" City’s Boundaries Commissioner Boyle requested the City representative for a roundtable discussion regarding "squaring up" the City’s boundaries to be the Planning Director or another representative from the Planning Department. He also recommended a sixth participant be added which would include Reid Hughes as a representative on the St. Johns River Water Management Board. Mr. Miller stated that under the council-manager form of government, staff works for the City Manager; thus when the City Manager is designated, the entire staff is available to service the needs of a board. Mayor Hood added there are times when information is needed or a task must be accomplished where Mr. Ervin may not have the authority, but the City Manager would have that authority. Mayor Hood stated Mr. Ervin would attend the meetings as well as Mr. Miller. Commissioner Boyle stated this would satisfy his concerns. Mr. John Connors, President, Ormond Beach Chamber of Commerce, asked that these meetings be open to the public, proper notice be given, and a report be sent to the Chamber of Commerce. Mayor Hood stated these are public hearings which require notice to be given, and the Chamber would be invited. Commissioner Boyle suggested Harriet Damesek and Kathy Marsh be appointed as discussion participants, and Commissioner Gillooly recommended Mercedes McCallen be appointed. Mayor Hood requested that a vote be called relative to appointing each individual nominated.
Commissioner Gillooly stated while he has great respect for Mercedes McCallen, he believes Kathy Marsh is more in tune with County problems with the environmental and always attends the County meetings. Mayor Hood suggested appointing Charles Lichtigman from the development community. Commissioner Boyle suggested appointing Mike Eddy from the development community.
Hearing no opposition, Mayor Hood stated Reid Hughes is appointed as a representative from the St. Johns River Water Management Board. Item #11(G) - Volusia Council of Governments Mayor Hood stated the question has arisen as to whether the Volusia Council of Governments has reaped any tangible benefits for the public, considering their staff receives $90,000 per year. He offered to answer any questions the City Commission may have. Commissioners Boyle and Gillooly stated they would defer to Mayor Hood’s recommendation regarding this issue. Item #12- Reports, Suggestions, Requests Employee Appreciation Day Commissioner Boyle expressed appreciation to staff for Employee Appreciation Day. He stated the City is fortunate to have high quality employees to serve its citizens. Commissioner Irvin thanked staff for the lovely picnic held in honor of Employee Appreciation Day. She stated she had a chance to meet many employees she had not previously met and is looking forward to working with staff. Commissioner Gillooly stated his appreciation of staff was reaffirmed during the festivities at Employee Appreciation Day. He stated the people of Ormond Beach should be assured they have a very dedicated group of people serving their interests. Commissioner Persis also expressed appreciation for the great Employee Appreciation Day. Shade Meeting Regarding the Firefighters’ Contract Commissioner Boyle asked what progress has been made in scheduling the shade meeting regarding the Firefighters’ contract. Mr. Miller stated he had considered whether it was desirable to open the discussion regarding the Police and General Employees’ contracts at the same time as the Firefighters’ contract, but decided to scheduled the Firefighters’ contract first. He advised this will be scheduled within a week or ten (10) days. Firefighters’ Contract Funding Mechanism Commissioner Boyle stated the funding mechanism for the Firefighters’ contract was scheduled for the February 4, 1998, meeting, but staff recommended it be tabled to the goal setting workshop. He asked when this will be discussed, since it was not mentioned at the goal setting workshop. Mr. Miller stated that to discuss this without the benefit of the comprehensive budget discussion would be premature. Commissioner Boyle stated this would seem reasonable, except that each Commissioner had different ideas on how the Firefighters’ contract would be funded, which affected their vote. He mentioned that he read in the newspaper in January that two (2) members of the Commission and the City Manager suggested it would require a property tax increase in conjunction with other raises. Commissioner Boyle stated that if it was not premature to make these comments publicly in the press, he submits that it is not premature to discuss, at least philosophically, where the funds will come from. Mayor Hood requested that staff place this item on a May agenda. Status of Reserve Fund Commissioner Boyle stated the status of the General Fund reserve was not discussed at the last meeting because of the lateness of the hour and asked when it will be discussed. Mayor Hood requested staff also place this item on a May agenda. Historic Landmark Preservation Board Commissioner Persis stated he attended the Historic Landmark Preservation Board meeting this evening and was impressed by Jim Burnett, Planner and liaison to the Board, and by Dana Smith, Chairman for the Board. Town Meeting Regarding Consolidated Tomoka Land Company Property Commissioner Persis expressed appreciation to Mr. Ervin for the good job he did in running the town hall meeting on Consolidated Tomoka Land Company property west of I-95. He stated he would like to see the land stay at its present designation, but he knows this is not going to happen, thus the reason for his vote. Commissioner Persis stated that the least density as possible is preferable, and he would prefer it to be under City control. He stated Consolidated Tomoka Land Company does not need Ormond Beach, but Ormond Beach would like to have Consolidated Tomoka Land Company become a part of Ormond Beach as the development of this land will directly affect Ormond Beach residents. Therefore, he stated, it would benefit the City to develop a good relationship with Consolidated Tomoka Land Company. Workshop Schedule Mr. Miller stated a number of workshop sessions will be scheduled over the summer. He asked if the Commission would prefer workshops scheduled at 5:00 PM prior to City Commission meetings or on separate evenings. Commissioners Persis and Irvin and Mayor Hood expressed preference for workshops prior to City Commission meetings. Commission Vacation Schedule Mayor Hood and Commissioner Persis advised they will be unavailable for workshops next week. Commissioner Persis indicated he will be on vacation from July 20 to the beginning of August and Commissioner Irvin indicated she will be on vacation from July 20 to July 25, 1998. Mayor Hood recommended changing the meeting schedule in July to July 7 and July 14, 1998. There was no disagreement with this change. Item #13 - Close The Meeting The meeting was adjourned at 8:13 PM. |
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