APRIL 21, 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 Loretta Moisio, Support Services Coordinator.

A G E N D A

  1. Meeting called to order by Mayor Hood.
  2. Invocation.
  3. Pledge of Allegiance.
  4. Approval of the Minutes of the April 7, 1998, meeting.
  5. AUDIENCE REMARKS:
  6. PUBLIC HEARINGS:
  1. Resolution No. 98-69 authorizing the execution and issuance of a Conditional Use Permit to allow the operation of a farmers’ market in the City Hall parking lot located at the corner of Corbin Avenue and Eileen Butts Drive; establishing conditions and expirations of approval. (Ormond Main Street, Inc.)
  2. Ordinance No. 98-11 changing the name of "Old Ridge Way" to "Old Bridge Way" in Breakaway Trails. (Second Reading)
  1. FIRST READING OF ORDINANCE No. 98-12 granting to KMC Telecom II, Inc., a non-exclusive franchise for the construction and operation of a telecommunication system in the City of Ormond Beach and prescribing the terms and conditions under which said non-exclusive franchise may be exercised; providing for severability.
  2. RESOLUTIONS:
  1. Resolution No. 98-70 providing dates and times for the holding of regular meetings of the City Commission of the City of Ormond Beach, Florida, during the years of 1998 and 1999; providing for exceptions thereto.
  2. Resolution No. 98-71 authorizing the execution of an Agreement between the City and Ormond Main Street, Inc., for the operation of a farmer’s market in the Ormond Beach City Hall parking lot.
  3. Resolution No. 98-72 concerning a request from the Ormond Memorial Art Museum, Inc., to relocate and remodel the "Emmons Cottage" at a site to be located in the Ormond Memorial Gardens.
  1. DISCUSSION ITEMS:
  1. Enforcement of garage sale regulations.
  2. "Hall of Fame" concept for naming of City parks.
  3. Cable television rate regulations.
  4. Meeting and workshop schedule/Team Building/Strategic Visioning Workshop report.
  1. AUDIENCE COMMENTS ON AGENDA ITEMS: (Not to include Public Hearing matters.)
  2. REPORTS, SUGGESTIONS, REQUESTS: Mayor, City Commission, City Manager, City Attorney.
  3. 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 Bob Orner, Coquina Presbyterian 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 April 7, 1998, Regular 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 Gillooly, to approve the minutes as submitted.

Call Vote: Commissioner Boyle yes
Commissioner Irvin yes
Commissioner Gillooly yes
Commissioner Persis yes
carried. Mayor Hood yes

Item #5 -Audience Remarks

Code Enforcement

Ms. Elizabeth Wilhelm, 12 Edgewood Way, stated that she is aware Ormond Beach is updating its Code Enforcement ordinances, but if the ordinances are not enforced, the City will not benefit. She stated at noon April 15th she followed a City Code Enforcement truck for five (5) to six (6) minutes. Ms. Wilhelm noted the truck drove slowly from New Britain Avenue on the south, Ridgewood Avenue on the west, Beach Street on the east, and then approximately ten (10) blocks north in this same area. She indicated that while driving back and forth the truck passed at least twelve (12) code infractions without slowing down. She stated that a resident had a sofa and chair with garbage piled up on the curb when pickup was not scheduled until Thursday. Ms. Wilhelm was informed by neighbors that these items were on the curb for days prior. She asked what instructions are given to the Code Enforcement Officers.

Mr. Todd Herget, Chief Building Official, replied a Code Enforcement Officer is instructed to stop when they see infractions, especially gross violations as described. He stated the complaints are normally handled in the morning and sweeps are performed later in the day as time permits. Mr. Herget stated he will check with the individual in question and report to Ms. Wilhelm.

Oakridge Cemetery

Ms. Minnie G. Wade, 149 Lincoln Avenue, expressed concern regarding vandalism and litter being dumped at Oakridge Cemetery. She advised she is organizing a group to clean up the Cemetery and asked if it is being patrolled by the Police Department.

Mayor Hood directed Chief Mathieson to inform Ms. Wade of the frequency of patrols in the Oakridge Cemetery.

Goldy Property

Ms. Mercedes McCallen, 40 Longfellow Circle, asked if Ormond Beach has applied for the Florida Communities Trust Grant for purchase of the Goldy property. Mayor Hood stated it has not yet been determined if the owners are willing to sell the property.

Mr. Clay Ervin, Planning Director, stated Glenn Sweeney, Grants Coordinator, has contacted the Florida Communities Trust and requested the application be sent. He stated it has not been received to date, but as soon as it is received, it will be completed and sent to the State for consideration. Mr. Ervin indicated the deadline is the end of April.

Ms. McCallen asked if anything has been accomplished regarding the information she offered at the last meeting related to the possible funding from the St. Johns River Water Management District.

Mr. Ervin stated this source has not been investigated at this time.

Downtown Ormond Traffic Plan

Mr. Jim Powers, 3 Santa Lucia, offered a traffic plan which he devised to assist in the flow of traffic on Granada Boulevard. He suggested a trial period of three (3) months during the summer. He pointed out the striping for parallel parking is only six (6) feet wide plus one (1) foot for the gutter, but FDOT prefers nine (9) feet for striping with a minimum of eight (8) feet. Mr. Powers stated the Votran bus stops traffic in the right lane for every stop it makes. He reported Granada Boulevard has the highest traffic count in Volusia County, even exceeding International Speedway Boulevard in Daytona Beach. He proposed restriping Granada Boulevard one (1) foot wider and placing portable concrete barricades, costing less than $2,400 for the three (3) month period, to stop cross traffic at Washington Avenue. Mr. Powers indicated this is an inexpensive method which he believes will be of great benefit to Ormond Beach’s traffic flow problems.

Mayor Hood stated the City Commission is planning a workshop on May 18th related to downtown traffic patterns and suggested Mr. Powers discuss his plan at that workshop.

Mr. Ervin stated there would also be an opportunity to discuss this plan at the April 28th meeting at The Casements.

Item #6(A) - Farmers’ Market Operation in the City Hall Parking Lot

Commissioner Persis moved, seconded by Commissioner Boyle, to close the public hearing on Item #6(A). The motion carried unanimously.

RESOLUTION NO. 98 - 69

A RESOLUTION AUTHORIZING THE EXECUTION AND ISSUANCE OF A CONDITIONAL USE PERMIT TO ALLOW THE OPERATION OF A FARMERS’ MARKET IN THE CITY HALL PARKING LOT LOCATED AT THE CORNER OF CORBIN AVENUE AND EILEEN BUTTS DRIVE; ESTABLISHING CONDITIONS AND EXPIRATIONS OF APPROVAL; SETTING FORTH AN EFFECTIVE DATE.

Commissioner Persis moved, seconded by Commissioner Gillooly, for approval of Resolution No. 98-69, as read by title only.

Commissioner Boyle expressed appreciation to Mr. Bill Partington who was instrumental in organizing this effort as well as donating his personal property to store the vendors’ vehicles.

Call Vote: Commissioner Irvin yes
Commissioner Gillooly yes
Commissioner Persis yes
Commissioner Boyle yes
carried. Mayor Hood yes

Item #6(B) Changing Name of "Old Ridge Way" to "Old Bridge Way"

Commissioner Persis moved, seconded by Commissioner Boyle, to close the public hearing on Item #6(B). The motion carried unanimously.

ORDINANCE NO. 98 - 11

AN ORDINANCE CHANGING THE NAME OF "OLD RIDGE WAY" TO "OLD BRIDGE WAY" IN BREAKAWAY TRAILS; REPEALING ALL INCONSISTENT ORDINANCES OR PARTS THEREOF; SETTING FORTH AN EFFECTIVE DATE.

Commissioner Persis moved, seconded by Commissioner Boyle, for approval of Ordinance No. 98-11, on second reading, as read by title only.

Call Vote: Commissioner Gillooly yes
Commissioner Persis yes
Commissioner Boyle yes
Commissioner Irvin yes
carried. Mayor Hood yes

Item #7 - Operation of a Telecommunication System

ORDINANCE NO. 98 - 12

AN ORDINANCE TO KMC TELECOM II, INC., A NON-EXCLUSIVE FRANCHISE FOR THE CONSTRUCTION, MAINTENANCE AND OPERATION OF A TELE-COMMUNICATION SYSTEM IN THE CITY OF ORMOND BEACH AND PRESCRIBING THE TERMS AND CONDITIONS UNDER WHICH SAID NON-EXCLUSIVE FRANCHISE MAY BE EXERCISED; PROVIDING FOR SEVERABILITY; REPEALING ALL INCONSISTENT ORDINANCES OR PARTS THEREOF; SETTING FORTH AN EFFECTIVE DATE.

Commissioner Persis moved, seconded by Commissioner Boyle, for approval of Ordinance No. 98-12, on first reading, as read by title only.

Call Vote: Commissioner Persis yes
Commissioner Boyle yes
Commissioner Irvin yes
Commissioner Gillooly yes
carried. Mayor Hood yes

Item #8(A) - Dates and Times for the Holding of Regular Meetings of the City Commission

RESOLUTION NO. 98 - 70

A RESOLUTION PROVIDING DATES AND TIMES FOR THE HOLDING OF REGULAR MEETINGS OF THE CITY COMMISSION OF THE CITY OF ORMOND BEACH, FLORIDA, DURING THE YEARS OF 1998 AND 1999; PROVIDING FOR EXCEPTIONS THERETO; SETTING FORTH AN EFFECTIVE DATE.

Commissioner Persis moved, seconded by Commissioner Boyle, for approval of Resolution No. 98-70, as read by title only.

Commissioner Boyle moved to amend, seconded by Commissioner Gillooly, to provide for the August 4, 1998, meeting be changed to August 11, 1998.

Call Vote on Motion to Amend: Commissioner Boyle yes
Commissioner Irvin yes
Commissioner Gillooly yes
Commissioner Persis yes
carried. Mayor Hood yes

 

Call Vote on Underlying Motion: Commissioner Irvin yes
Commissioner Gillooly yes
Commissioner Persis yes
Commissioner Boyle yes
carried. Mayor Hood yes

Item #8(B) - Farmers’ Market Operation in the City Hall Parking Lot

RESOLUTION NO. 98 - 71

A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY AND ORMOND MAIN STREET, INC., FOR THE OPERATION OF A FARMER’S MARKET IN THE ORMOND BEACH CITY HALL PARKING LOT; SETTING FORTH AN EFFECTIVE DATE.

Commissioner Persis moved, seconded by Commissioner Boyle, for approval of Resolution No. 98-71, as read by title only.

Call Vote: Commissioner Gillooly yes
Commissioner Persis yes
Commissioner Boyle yes
Commissioner Irvin yes
carried. Mayor Hood yes

Item #8(C) - "Emmons Cottage"

RESOLUTION NO. 98 - 72

A RESOLUTION CONCERNING A REQUEST FROM THE ORMOND MEMORIAL ART MUSEUM, INC., TO RELOCATE AND REMODEL THE "EMMONS COTTAGE" AT A SITE TO BE LOCATED IN THE ORMOND MEMORIAL GARDENS; SETTING FORTH AN EFFECTIVE DATE.

Commissioner Persis moved, seconded by Commissioner Boyle, for approval of Option "A" of Resolution No. 98-72, as read by title only.

Call Vote: Commissioner Persis yes
Commissioner Boyle yes
Commissioner Irvin yes
Commissioner Gillooly yes
carried. Mayor Hood yes

Item #9(A) - Enforcement of Garage Sale Regulations

Commissioner Gillooly stated he was informed by the City Attorney that the City is going through a comprehensive code enforcement review and by Chief Mathieson that the Police Department would do some code enforcement on the weekends; therefore, he stated since these problems are being addressed, he recommended postponing this discussion until the studies are completed.

Commissioner Boyle concurred with Commissioner Gillooly’s recommendation and stated he also concurs with staff’s recommendation that the problem is enforcing the existing codes. He pointed out there is no code enforcement on Sundays; therefore, he applauded the Police Department’s assistance with weekend code enforcement.

Item #9(B) - "Hall of Fame" Concept for Naming of City Parks

Commissioner Gillooly recommended annually honoring one of Ormond Beach’s forefathers who made tremendous contributions to the life of Ormond Beach citizens with a plaque in a "Hall of Fame" located in City Hall or at various sites where they had their greatest impact. He requested staff provide a report on this concept at the next Commission meeting.

Commissioner Persis stated he recommends honoring people on a case-by-case basis in the form of preparing proclamations in their honor, but he opposes developing criteria.

Commissioner Gillooly agreed to the honoring of people on a case-by-case basis, but he recommended something more permanent. He suggested one day a year be set aside as "Founders’ Day" or "Ancestors’ Day" to honor this type of individual.

Commissioner Boyle agreed criteria is not necessary, but stated Ormond Beach has fallen behind in honoring some worthy candidates for such an award. He stated he disagrees with two (2) items in the staff report, namely, that there has to be a linkage between the way the person is honored and whatever aspect of the City they were involved in, and that if a living person is honored, that person may do something later in their life to dishonor the City.

Item #9(C) - Cable Television Rate Regulations

Mayor Hood stated the City of South Daytona adopted a resolution indicating the cable television rates are excessive and asking Congress to investigate the regulations regarding cable television rates.

Commissioner Persis made a motion, seconded by Commissioner Gillooly, to adopt a resolution similar to South Daytona’s Resolution No. 98-5 regarding cable television rate regulations.

Call Vote: Commissioner Boyle yes
Commissioner Irvin yes
Commissioner Gillooly yes
Commissioner Persis yes
carried. Mayor Hood yes

Item #9(D) - Meeting and Workshop Schedule

Mr. Eugene Miller, City Manager, stated that during the Commission’s strategic planning workshop, the Commission requested workshops be held on numerous items, and the staff report recommends dates and times for these meetings to be held. Mr. Miller stated he has contacted the five (5) public members who agreed to meet at April 28th at 4:00 p.m. for the Roundtable discussion on squaring up City boundaries and annexation policy.

Commissioner Gillooly stated that although the 4:00 p.m. meeting on April 28th would be acceptable, he would prefer the meetings to be held later in the day to better accommodate the public.

Commissioner Boyle agreed the meetings should be later to allow for more public access, and 4:00 p.m. is not convenient for him. He stated the City Commission should have been poled for availability before contacting the public members. He also stated concern regarding the adequacy of the Training Room to accommodate all the people who may want to attend this meeting.

Mayor Hood stated he will be out of town on April 28th.

Commissioner Gillooly stated Mayor Hood needs to attend this meeting; therefore, requested it be rescheduled.

Ms. Loretta Moisio, Support Services Coordinator, distributed a sheet indicating alternate dates.

Commissioner Persis stated he will be unavailable on May 18th. It was determined that if only one Commissioner, excluding the Mayor, is unavailable, the meeting can still be held; therefore, the May 18th meeting will not be changed. All other meetings noted, except the Roundtable meeting, were acceptable to the Commission.

Mr. Miller stated staff is having problems scheduling the joint meeting between Holly Hill and Ormond Beach. He advised the second reading on the Riviera Hotel property annexation is scheduled in Holly Hill for next Tuesday. He stated the owner of the property has investigated Ormond Beach and Holly Hill and has applied to Holly Hill for annexation and plans to construct an Adult Congregate Living Facility. He stated there is nothing Ormond Beach can do if the property owner chooses to annex into Holly Hill.

Mayor Hood stated a more global discussion on annexation along the borderline was requested with Holly Hill rather than a discussion of the annexation of the Adult Congregate Living Facility.

Commissioner Boyle agreed with Mayor Hood that a meeting is not needed before Holly Hill meets to discuss the Riviera annexation. He stated that no matter what agreements Ormond Beach and Holly Hill make, the property owner still controls their own destiny, and he questioned if there is anything to discuss with Holly Hill. He asked for clarification regarding a newspaper article relating to a gentlemen’s agreement between Ormond Beach’s Mayor, Ormond Beach’s City Manager and Holly Hill’s City Manager.

Mayor Hood explained that at a Council of Mayors’ meeting, a discussion arose regarding cities arguing with each other regarding annexation and eliminating residents "playing one city against another on impact fees." He stated both Ormond Beach and Holly Hill are planning their capital expenditures regarding water and sewer lines. Mayor Hood explained that if the cities could discuss the issue, a line could be drawn where on one side Ormond Beach would annex and on the other side Holly Hill would annex; and, when people come for annexation they could be referred to the proper city. He stated this would not be a formal process, although he would like to see a formal agreement.

Commissioner Boyle recommended a meeting in a few weeks, after the Riviera annexation, be held on a Saturday to enable more people to attend. Mayor Hood concurred as long as it was before the June election.

Commissioner Persis stated Holly Hill has the boundary lines drawn for the June election and asked why the meeting is needed if these boundaries are already secure. He suggested waiting until after the election and if the property owners vote they do not want to annex, then Ormond Beach can discuss a new plan.

Mayor Hood stated talks may be unsuccessful, but Ormond Beach owes it to the residents to try to create reasonable borders.

Mr. Miller stated staff is in the process of contacting the eight (8) property owners at Hand Avenue and Nova Road. He stated the item discussed at a previous City Commission meeting changing the system of water rates was a direct consequence of the "gentlemen’s agreement" between Ormond Beach and Holly Hill.

Commissioner Gillooly asked if Fire Chief Baker gave the owners of the Riviera Hotel a list of items to be brought up to code if they annexed into Ormond Beach.

Chief Barry Baker stated the Fire Department was requested to inspect the premises and inform the owner of what would be needed to bring it up to code if annexed into Ormond Beach. He stated this was accomplished, and there were approximately nine (9) points that needed to be met. He added that realistically the same codes should be met in Holly Hill; however, the difference is in the enforcement and interpretation of the codes.

Mayor Hood directed Mr. Miller to arrange a meeting with Holly Hill to discuss these issues. He stated that if no more than two (2) members from the private sector are unable to attend the meeting, it can be held.

After a number of dates for the Roundtable meeting were discussed and rejected, Commissioner Gillooly suggested Saturday, May 2nd at 9:30 a.m. Since the entire Commission is available on that date, Mayor Hood advised Mr. Miller to try to arrange the meeting for May 2, 1998.

Item #10 - Audience Comments On Agenda Items

Mr. Jim Powers, 3 Santa Lucia, applauded the City Commission for the sentiment expressed regarding defending Ormond Beach’s borders from other jurisdictions.

Item #11 - Reports, Suggestions, Requests

Emmons Cottage

Commissioner Boyle expressed his appreciation to those in the community who have gathered the resources and put in the time to accomplish things that have the potential to be very worthwhile for Ormond Beach. Commissioner Irvin, Commissioner Gillooly, Commissioner Persis, and Mayor Hood also expressed support for preserving Ormond Beach’s history.

Commissioner Gillooly thanked Mr. Jim Powers for his efforts in preserving the Emmons Cottage and working to improve downtown.

Commissioner Persis expressed his appreciation to Sang Roberson, Ann Burt, Donna Schroder and Alice Jaeger for all their work and for educating the Commission regarding the Emmons Cottage. He stated a walking tour of historic sites could easily be initiated with this addition to the downtown area.

Stormwater Drainage and Street Paving

Commissioner Boyle read a letter he received from Mr. Jim Helms, 142 Dianne Drive, regarding much needed stormwater drainage and street paving improvements. Mr. Helms indicated work starts with no warning and is left partially completed for weeks, the contractor destroys private property at will, and unless reported to the supervisor, it would not be repaired. He stated the work has been sloppy with no real coordination. Commissioner Boyle indicated he has had other constituents complain about the lag in completion time. He stated if a citizen could be given a firm date of completion, it would ease the inconvenience of the project.

Mr. Ted MacLeod, Public Works Director, explained that the City has general control over the contract, but the contractor works on several streets at one time, and each street is worked on in stages; therefore, a precise completion date would be difficult to determine. He stated an inspector is available who will go to the property owner and explain the situation if requested.

Traffic Light at Intersection of Granada Boulevard & Halifax Drive

Commissioner Boyle stated on April 8, 1998, he attended a meeting at The Heritage Condominium with approximately forty (40) Heritage residents present. He reported Ormond Beach has a very high approval rating for what has been accomplished and the direction the City is taking. Commissioner Boyle indicated one concern addressed was the time available to cross at the intersection of Granada Boulevard and Halifax Drive. He stated it was explained to him that there are national, state and county standards limiting the crossing time to four (4) seconds. Commissioner Boyle stated that a resident commented that in Pennsylvania it was possible to have four (4) second all red lights giving extra time for pedestrians to cross. Commissioner Boyle recommended investigating this possibility for this intersection.

Recreational Facilities

Commissioner Irvin expressed concern regarding the lack of recreational facilities on the peninsula.

City Board Members

Commissioner Gillooly stated he is very impressed by the commitment and dedication of citizens who serve on the Planning Board and other boards in the City of Ormond Beach.

Paving of Green Fern Circle

Commissioner Persis expressed his and the residents’ appreciation to Mr. Ted MacLeod, Public Works Director, and Judy Sloane, City Engineer, for the paving of Green Fern Circle.

Employee Appreciation Day

Commissioner Persis thanked the Fleet Division for the certificate acknowledging their gratitude for Employee Appreciation Day.

SMART Radar Trailer

Chief Mathieson informed the City Commission the Police Department took possession of the SMART radar trailer which is currently in operation at Wilmette Avenue and US #1. He stated the results indicate that for a four (4) hour period there were 1,097 vehicles traveling southbound, among other useful statistics. Chief Mathieson stated the people of Ormond Beach will be better served with the use of this radar trailer to assist in regulating traffic safety.

Item #12 - Close The Meeting

The meeting was adjourned at 8:00 PM.


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