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MAY 5, 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 Father Stephen Baumann, St. Brendan’s Catholic 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 21, 1998, Regular Meeting have been sent to the Commissioners for review and asked if there were any corrections, additions, or omissions. Commissioner Gillooly stated Item No. 11 on the minutes indicated that he complimented Jim Powers for his work on the Emmons Cottage. He clarified that he had complimented Mr. Powers for his work with Main Street on the Granada Boulevard traffic problem and had complimented Sang Roberson and Ann Burt for their efforts regarding the Emmons Cottage. Commissioner Persis moved, seconded by Commissioner Boyle, to approve the minutes with the above-noted change.
Item #5 - Employee-of-the-Quarter award to Bill Butler Mr. Eugene Miller, City Manager, stated the work ethic displayed by Mr. Bill Butler, Landscape Architect in the Engineering Division, is exemplary. He noted Mr. Butler is involved in the Easter Seals Relay, raising money through participating in basketball fund raisers, doing architectural design work for the Main Street Park, and physically working every night after City Hall closed on the Main Street Park. Mayor Hood presented Mr. Butler with the Employee-of-the-Quarter award for the first quarter of 1998. He expressed appreciation for all Mr. Butler does for the City of Ormond Beach. Mayor Hood presented Mr. Butler with a City wristwatch and two (2) plaques honoring Mr. Butler as Employee-of-the-Quarter which will be displayed in City Hall. Item #6 - Audience Remarks Code Enforcement Ms. Elizabeth Wilhelm, 12 Edgewood Way, stated that she had reported at the last City Commission meeting that she had followed a Code Enforcement Officer who had ignored many flagrant code violations the officer observed. She stated that the City Manager’s Friday Report indicated that the employee driving the City car knew she was being followed and was, therefore, afraid to make any stops. Ms. Wilhelm questioned that explanation and asked why this employee didn’t radio for police assistance if she were truly fearful. Utility Poles Along the Tomoka River Ms. Mercedes McCallen, 40 Longfellow Circle, stated she has been contacted by Florida Power and Light Company to assist them in conveying to the public their plans to install five (5) 160 to 185 foot utility poles along the Tomoka River and the lands adjacent to the Tomoka River. Ms. McCallen stated she contacted the Florida Audobon Society, Dr. Joe Basilli, Halifax Audobon, the Sierra Club, Volusia Anthropological, and the Ormond Beach Airport. She stated she has comments which are important to the proposal. Mr. Eugene Miller, City Manager, explained he was contacted by Florida Power and Light Company (FPL) who requested the names of individuals who might be concerned regarding their plan to install utility poles in the vicinity of the Tomoka River. He stated he offered FPL Ms. McCallen’s name as well as others for this purpose. Mayor Hood recommended the responses be directed to Mr. Miller, who will refer the comments to FPL, and he requested that the City be kept informed on this issue. Goldy Property Ms. Mercedes McCallen, 40 Longfellow Circle, requested a copy of the application the City of Ormond Beach filed to the Florida Communities Trust regarding the Goldy property. Mayor Hood responded that Ms. McCallen may obtain a copy of this document in the City Clerk’s office. Claims and Program Committees Mr. Joe Thompson, 356 Chardon Road, stated the City Charter states the Mayor shall have no administrative duties except as required to carry out the responsibilities within the Charter as follows: "preside at the City Commission meeting; be recognized as head of City government for ceremonial purposes; recognized by the Governor for the purpose of military law; for services or process; for execution of contracts, deeds and other documents; and recognized as the official designate to represent the City in all agreements with all government entities". Mr. Thompson stated the Program and Claims Committee is the administrative arm of the City; therefore, the Mayor should not be serving on these committees, however well qualified he may be. He suggested the City Attorney be asked to investigate this, and if he agrees with Mr. Thompson’s interpretation, the necessary ordinances be prepared and adopted to rectify this oversight. Mayor Hood asked that this be placed on the next agenda. Roundtable Meeting to Square Up Borders Mr. Joseph Thompson stated he was informed a statement was made by the City Manager at the roundtable discussion on Saturday, May 2, 1998, to a landowner that the City would compromise on wetlands, environmental issues, and densities in lands in the western portion of Ormond Beach. Mr. Thompson stated that if such as statement was, indeed, made, the City Manager has no authority to make these remarks. He pointed out the City Commission makes the policies while the City Manager enforces the policies made by the City Commission. Mr. Thompson stated he also was informed that the Mayor, at this same meeting, stated that anyone living in the City of Ormond Beach in a home valued at less than $130,000 is being subsidized by other City residents. Mr. Thompson stated that according to this theory, the entire subdivision where he resides is on City welfare. Statue at Fortunato Park Mr. Don O’Lone, 1304 Northside Drive, asked Commissioner Persis to elaborate to the media on the aesthetics of the statue dedicated this weekend at Fortunato Park. 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 Boyle moved, seconded by Commissioner Persis, for approval of the Consent Agenda.
Item #8(A) - Yancey’s Music Retail Facility Commissioner Gillooly moved, seconded by Commissioner Persis, to close the public hearing on Item #8(A). The motion carried unanimously. RESOLUTION NO. 98 - 83
Commissioner Persis moved, seconded by Commissioner Gillooly, for approval of Resolution No. 98-83, as read by title only.
Item #8(B) - Transmittal of Comprehensive Plan Amendments, Second Cycle, 1998 Commissioner Persis moved, seconded by Commissioner Boyle, to close the public hearing on Item #8(B). The motion carried unanimously. RESOLUTION NO. 98 - 84
Commissioner Persis moved, seconded by Commissioner Boyle, for approval of Resolution No. 98-84, as read by title only.
Item #8(C) - KMC Telecom II, Inc., Telecommunication Franchise Commissioner Persis moved, seconded by Commissioner Gillooly, to close the public hearing on Item #8(C). The motion carried unanimously. ORDINANCE NO. 98 - 12
Commissioner Persis moved, seconded by Commissioner Gillooly, for approval of Ordinance No. 98-12, on second reading, as read by title only.
Item #8(D) - Adoption of Comprehensive Plan Amendments, First Cycle, 1998 Captain Jim Russell, 1705 State Road 40, owner of a parcel of property on the Tomoka River recently annexed into the City, stated he had been told by the City his land would not be annexed, yet he subsequently received a tax bill from Ormond Beach which advised the taxes must be paid or his land would be sold for the taxes. He learned at that time his property had been annexed into Ormond Beach. Captain Russell objected to the change in land use designation on this property he fears it will adversely affect his ability to develop this property in a similar manner as the surrounding eleven (11) acres which are valued at $1.5 million. Mr. Clay Ervin, Planning Director, explained this parcel was part of the land annexed with the Tymber Creek annexation area and was needed to prevent the formation of an enclave. He stated that due to the fact Captain Russell is not a registered voter, he was excluded from being able to vote in the referendum, and he apologized if he received any miscommunication on the annexation of the property. Mr. Ervin stated the County sent Captain Russell his new tax bill, and there must have been miscommunication in getting the bill to him; however, that has been rectified. He explained the land use designation is merely being changed from the County’s designation to an equivalent City designation, which is not limiting the use differently than the County’s current standards. Captain Russell reiterated his concern that, at some time in the future, this property will be taken at an unfair price compared to the value of the land. Mayor Hood explained that no one can take Captain Russell’s property without paying fair value, and in fact, the Volusia County Tax Assessor determines the appraised value. He reiterated the City is not doing anything that will impact that at this time. Commissioner Persis moved, seconded by Commissioner Gillooly, to close the public hearing on Item #8(D). The motion carried unanimously. ORDINANCE NO. 98 - 13
Commissioner Persis moved, seconded by Commissioner Gillooly, for approval of Ordinance No. 98-13, on first reading, as read by title only.
Item #9 - Appointing a Member to the Volusia Growth Management Commission RESOLUTION NO. 98 - 85
Commissioner Boyle detailed his concerns regarding the Volusia Growth Management Commission. He stated he has been on the City Commission for 29 months and has no information as to what this Commission’s function and responsibility is nor was he provided information in the packet to explain its responsibilities. Commissioner Boyle stated he has never met Mr. Brandon, the City’s current representative, heard him speak, or received any report to the City Commission regarding the Volusia Growth Management Commission. Commissioner Boyle moved, seconded by Commissioner Persis, to table to May 19, 1998, Resolution No. 98-85, at which time staff will provide information and/or a report will be received from Mr. Brandon regarding the Volusia Growth Management Commission.
Item #10(A) - "Hall of Fame" Mr. Tom Lipps, Assistant to the City Manager, explained staff outlined three possible options for consideration regarding City policy to recognize individuals as follows: Option 1 is to leave the current system in place; Option 2 is to formalize the practice of placing plaques at the City Hall Plaza for honoring the forefathers in a "Founders’ Day" concept with selection of individuals in a historical period; and, Option 3 would be a pure "Hall of Fame" concept where nominees would consist more of contemporary figures whose contribution to the community has been in the past year. Mr. Lipps asked the Commission for staff direction. Commissioner Boyle moved, seconded by Commissioner Gillooly, to support a combination of Options 1 and 2 where recognitions can be done on a case-by-case basis, including a "Founders’ Day" concept, allowing recognition of individuals as warranted by popular request, and referring further refinement of the specific details to the Historic Landmark Preservation Board (HLPB) for a recommendation to the City Commission. Commissioner Gillooly recommended choosing four (4) nominees each year, one (1) person from each era noted in the staff report. Commissioner Irvin suggested instead choosing three (3) historical nominees and (3) contemporary nominees at the same time. Commissioner Boyle clarified that his motion had been to approve Options 1 and 2 as specified in the staff report with the Historic Landmark Preservation Board refining these details. Commissioner Persis stated this concept went before the Planning Board and the Quality of Life Board who recommended Option 1, to continue our current system. While he agreed with giving recognition to deserving individuals, he stated the other options would result in a lot of time being spent over things that would not make Ormond Beach a better City—time which could be spent more productively on worthwhile matters. Commissioner Persis stated he has seen other cities where all the Mayors’ pictures and their term of office are displayed, and this would be easy to accomplish and non-controversial. Commissioner Gillooly stated his vision was for a corridor of plaques of people who have made significant contributions, as it is important that Ormond Beach not lose sight of its heritage. In that regard, he supported Commissioner Boyle’s recommendation. Mayor Hood stated the present method has been successful; therefore, he does not favor amending Ormond Beach’s practices.
Item #10(B) - Ocean Village Villas Utility Services Mayor Hood advised this item has been withdrawn. Item #10(C) - Reinstitution of the Environmental Advisory Board Commissioner Boyle objected to postponing this issue until October, 1998, as suggested in the staff report. He stated he is very disappointed that the packet information was limited to a documentation of the process which abolished the Environmental Advisory Board, as he had expected to see information regarding the Board’s function, responsibilities, and accomplishments. He stated the Commission agrees with staff recommendations a large percentage of time, but at times only one recommendation is made with supporting materials that lend themselves to that recommendation. Commissioner Boyle recommended tabling this item to May 19, 1998, so that the Commission may receive the information previously mentioned. He commented that the idea of reinstituting the Environmental Advisory Board was brought to the Commission by citizens in the community, and he would like to have that discussion, but not until the proper information is provided. Commissioner Boyle moved, seconded by Commissioner Gillooly, to table this discussion to the May 19, 1998, City Commission meeting.
Item #10(D) - Skateboard Facility Mr. Eugene Miller, City Manager, reported he contacted the owners of Starlite Skate Center, Mr. and Mrs. Bill Todd, as directed by the City Commission at the April 7, 1998, City Commission meeting regarding a public/private venture for the realization of a skateboard facility. He stated staff was seeking a build/operate partnership with the Todds, but they prefer that the City build the facility while they sell or lease, at a fair market rate, the frontage along North US #1 and adjacent to their facilities. He indicated the Todds are not interested in assuming any liability that might result from this exposure. Mr. Miller stated the Todds would supervise the facility and operate a concession for food, drinks, and rental and sale of equipment. He further explained the Todds want the City to take care of a fee structure, and any type of pass or identification card for use at the facility, but they would collect the fees and check the passes of the users. Mr. Miller stated a community park concept was investigated as an alternative to the public/private venture concept. He stated these parks would be geared to the beginning or intermediate participants and located in Nova Recreation, Central Park, and/or the Ormond Beach Middle School. Mr. Miller stated that instead of having a commercial venture which would be fenced and supervised, staff is recommending smaller parks that are not fenced or supervised, similar to playground equipment or basketball courts in community parks. He stated under this scenario, the liability could be covered for between $10,000 to $15,000. Mr. Miller stated staff has been unable to obtain a quote on insurance for a commercial facility, but was told it would cost over $20,000. He stated some savings would be realized using the community park facility in that staff can perform some of the concrete work involved. He reminded the Commission that when the original petition was received, it requested that the City either legalize skateboarding in the City Hall Courtyard, in shopping centers, and on the streets or provide a place to skateboard, rather than a request to provide an upper level commercial facility. Mr. Miller suggested starting with one facility in the Nova Recreation Complex, and with the expenditure limited to from $50,000 to $75,000. He stated that after gathering experience, the second facility could be constructed. Mr. Travis Atkinson, 45 River Ridge Trail, advocated that the park be built at the Nova Recreation Complex because of the large number of skaters who would use the facility. He stated he has been arrested and had to go to court for skating on the streets and would like to prevent this from happening to other skaters. Mr. Atkinson stated he goes to the facility at New Smyrna Beach and recommended a similar facility for Ormond Beach. Mr. William Todd, President of Hartwell Corporation, owner of Starlite Skate and Bowling Center, 260 North U.S. #1, stated he spoke to Liz Yancy, New Smyrna Beach Parks and Recreation Supervisor, who indicated skaters come from as far as Palm Coast to use the facilities in New Smyrna Beach. He stated the Palm Coast facility is semi-supervised, and a locked fence keeps the participants out when it is closed and makes sure safety is addressed. Mr. Todd stated the small parks will draw 6- to 13-year old users, but a larger park will draw the 6- to over 20-year old users, as well as senior citizens as spectators. Mr. Todd stated he quoted a figure of $1 per year to Mr. Miller for the use of his property, if a large showcase center is built. He recommended a supervised park where it could be assured the skaters would wear the proper safety equipment and skate in a safe manner. Mr. Todd agreed that photo identification is important in that the skater must sign a form recognizing the liability. He recommended the park be free for Ormond Beach residents, but that a fee be charged to out-of-town skaters. He indicated these fees would go back to the City to offset some of the costs. Mr. Todd stated that, as a businessman, he would need to make a profit, and that would be obtained from the sale of food and beverages as well as renting and selling equipment. Mr. Rick Ferritto, 1380 Aleut Lane, Commissioner of the Ormond Beach Youth Baseball Association and Ormond Beach Chamber of Commerce Board member, stated that anything that can be done for youth is important; however, the baseball facility’s infrastructure, such as fences, road and bathrooms are in dire need of restoration, and it is imperative that the City maintain the facilities that already exist before new facilities are constructed. Mr. Ferritto reported Ormond Beach is the only community in the entire eastern coast of Florida that does not have a Pop Warner football program, and the Police Athletic League (PAL) also needs resources. Mr. Curt Baker, 1103 South Peninsula, Daytona Beach, advocated a free public park and quality skateboarding that is safe. He stated that although football and baseball are good sports, so is skateboarding. Ms. Alice Jaeger, 447 Triton Road, expressed her appreciation to the City Commission for spending the time and effort on issues such as these. She stated children like to skateboard, yet it is illegal in most places such as sidewalks and parking lots, which are also very unsafe. She stated having this facility as part of the park system is an excellent beginning for Ormond Beach, and she recommended staff also encourage the private sector to build a large park that will meet all the needs of the skaters and will host exhibitions. Ms. Theresa Cirelli, 176 Heritage Circle, opposed the park being placed at the Nova Recreation Center because she does not want her young children seeing the skateboarders due to safety concerns. She stated she works in trauma at Halifax Medical Center and warned that head trauma is a great possibility if the facility is unsupervised. Ms. Cirelli advocated a safe commercial facility. She reminded the Commission the City did not allocate funds to build the children’s park, yet it is willing to fund a skatepark. Ms. Diane Ledford, 34 Twelve Oaks Trail, stated she has researched the skateboarding issue and believes the City would be paying a lot of money for something that meets the needs of approximately 300 children. She stated she is not opposed to a facility, but does oppose the Nova Recreation Complex as the site to build it as traffic and safety concerns would be a problem for children at the Magic Forest playground. She questioned spending these funds when the present facilities are not being properly maintained and when it is possible skateboarding is just a fad. Ms. Ledford agreed with constructing a smaller facility in another area and, if there is still interest, building something larger at a later date. She stated she spoke to Steve Xynidis at Omega Forty who has land and may be open to a commercial arrangement. Mr. Mike Cvetetic, 17 Birchwood Trail, stated that other young people have different sports facilities such as baseball, football, etc., but skateboarders have nowhere to practice their sport. He suggested first addressing the skateboarders’ needs, then repairing the other sport facilities. Mr. Cvetetic reminded the Commission skating will drastically increase in the summer; therefore, there is a need to start construction soon. He stated skateboarding is not a trend, but has been going on for a long time. Ms. Cvetetic stated small children will not see the facility if it is built behind the tennis courts at the Nova Recreation Center, and a road can be built to ease the traffic burden. Ms. Diane Holt, 182 Riverside Drive, agreed with Ms. Ledford’s concerns. She stated she favors a skatepark, but not in the Nova Recreation Center due to the heavy flow of traffic that now exists. Ms. Holt advised the Commission to take their time and plan it properly with all the children being considered. She stated citizens worked two (2) year to raise $120,000 to build the Magic Forest Playground, yet this facility may be built with tax dollars in an inappropriate place, causing problems. Mr. Don O’Lone, recommended contacting the Ormond Beach YMCA; to which Mr. Miller stated staff has already contacted the YMCA and was unsuccessful. Mr. Frank Henry, 193 Bosarvey Drive, expressed opposition to locating the skatepark at the Nova Recreation Center and favored construction at Central Park, which is more centrally located and less congested. He stated supervision is needed. Mr. Henry commended the Commission for not rushing to a decision, but indicated it is now time to make a decision and get started. He stated all sports are good, and one should not be put down to elevate another. Commissioner Boyle expressed appreciation to all the people who spoke on this issue, and he thanked the young people of the community who have been very patient with the Commission while it has gone through this process. He indicated that while Mr. Ferritto has some legitimate issues, tonight’s meeting is not the appropriate forum for that discussion. Commissioner Boyle explained that this process has been new territory for the Commission, as well as for the staff, and new information had been obtained at every step in the process He stated that different segments of the community have been heard at every step of the process, and the Commission has been getting a lot of mixed signals from the community. Commissioner Boyle stated, based on all the information, he has determined a public/private partnership, at this time, is too complicated, and the community and the children are not quite ready to be paying a fee of any kind to use the park, although he is concerned regarding the supervision aspect. He indicated Ormond Beach is not yet ready for an advanced, state-of-the-art, high-cost park, although perhaps later it is possible that someone in the private sector may step forward and build a more extensive park. Commissioner Boyle stated he is convinced The Trails is not the best location for this community type skateboard park because it is already crowded. He indicated Ms. Ledford and Ms. Holt’s concerns are legitimate, and if the park is located near The Trails Shopping Center, the skaters would likely ride their skateboards to and from the park, causing even more skateboard problems at The Trails. He stated he is strongly in favor of the community park concept that has been recommended by staff, with a facility for beginners and intermediates at Central Park similar to New Smyrna’s park. He advocated that Ormond Beach commit to building only one park at this time, understanding there will be higher insurance costs. He noted Ormond Beach would have to commit police and recreation personnel who, from time to time, would have to be in the vicinity of the park to check on things. Commissioner Boyle opposed steel elements because skateboard experts explained that in this climate, steel elements will deteriorate very quickly, be slippery, be more dangerous, and will not last for a significant length of time. He also stated fencing would be needed, such as in New Smyrna Beach, to limit the hours the park can be used. Commissioner Boyle moved, seconded by Commissioner Gillooly, to approve staff’s recommendation to move immediately forward to build a smaller facility, to be located at Central Park with a fence installed. Mayor Hood agreed to the necessity of a facility, and advocated fees due to the fact that other youth activities charge fees such as the Performing Arts Center, baseball and soccer and basically any other program or facility in Ormond Beach. He stated the participants not residing in the City of Ormond Beach need to pay a much higher fee, which can be handled much the same way as when someone goes to the gym at Nova Recreation where a card is used. Mayor Hood indicated this method would also give some cash flow. Mayor Hood stated he is adamantly opposed to the concept of an open facility at Central Park or The Trails without any supervision due to the liability. He indicated $20,000 is the cost to simply purchase stop-gap insurance coverage, which doesn’t include paying to settle claims and defend those claims. Mayor Hood questioned that agreement could not be reached for a public/private deal, citing that Starlite Skate Center is willing to lease the property for one dollar. He indicated Starlite would hopefully make revenue out of concessions and rentals. He suggested possibly splitting the fees, with Starlite investing some of their own capital into building the skatepark as a joint venture with the City. He stated the income stream from the entrance fees could help offset the cost and be paid back into the General Fund. Mayor Hood reminded the Commission that this method of gaining funds has been previously accomplished successfully with the construction of additional softball fields, where the girls’ softball participants were required to pay an additional five dollars a year to help pay back some of the money spent. Mayor Hood warned that there would be considerable objection to building a skatepark at Central Park. He indicated a public/private venture is still possible if someone could discuss cash flow analysis and return analysis, and figure how this can be equitable to the City and to a private concern. Commissioner Persis reviewed the history of the City Commission’s discussion on this park since May, 1996. He contended that skateboard parks reduce conflicts between youths and authorities, reduce property damage, and provide a safe place for youths to enjoy themselves, which has been denied by law for 30 years. Commissioner Persis stated skateboarding is not a fad. He commended the Commission for moving cautiously, prudently, and open mindedly, but he reminded the Commission they have pledged to a full house of people, more than once, that the City would build a first-class, quality skateboard park in Ormond Beach. Commissioner Persis reported that experts from around the country seem to agree the size of the park needs to be between 10,000 and 15,000 square feet, and anything less than 10,000 square feet is like building half a baseball field. He stated the skaters would find it very limiting, very quickly, and would move back to the streets if a smaller facility were built. He also stated the experts also agree the park should be free. He stated the liability is a myth, as statistics prove skateboarding is a safe sport, and when compared to other recreational activities, skateboarding has a smaller percentage of reported injuries per participant—.49% or one child out of 200 as opposed to other activities such as soccer which has two (2) out of 200, baseball which has four and one-half (4½) out of 200, and basketball which has one and one-half (1½) out of 200. He stated one-third (1/3) of all skateboard injuries are suffered by people who have been skating less than a week. Referencing design, Commissioner Persis stated landscape architects who design public skate parks report space consideration should be between 10,000 and 15,000 square feet, and if the park can not hold the interest of the skater, it won’t keep them coming very long. He stated they also indicate the material should be steel reinforced concrete, trawled smooth for safety and durability. Commissioner Persis stated he believes Ormond Beach must build a skate park no less than 10,000 foot in area at the Nova Recreation site. He stated he walked both the Central Park and Nova Recreation sites, and concluded that Central Park is too tranquil, serene, quiet and too close to homes to add the skateboard park, whereas, the Nova site is active, noisy, and the skate park can easily be located where it cannot be seen by the children in the Magic Forest playground. Commissioner Persis opposed charging user fees and equated the park to basketball courts or swings and playground equipment. He stated the only maintenance costs are to pressure clean it annually, and he believes a quality park between 10,000 and 15,000 square feet could be built for perhaps $175,000 to $225,000. He suggested setting up a workshop to fully discuss this issue among the City Commission members. Commissioner Gillooly expressed concern regarding the incidents of injuries of skateboarders in that a friend, who is an orthopedic surgeon, reported seeing quite a few injuries related to skateboarding. He reported House Bill 3491, Senate Bill 820, which would limit the City’s liability, was not passed, but he is hopeful it may come up in the next session. He explained he is in favor of a skate park and had agreed to the Nova site when he believed it was the only possibility, but new possibilities have been proposed, and he now favors the Central Park site. He indicated he agreed with the Mayor that the City should charge for this facility to partially offset the cost of the supervision he believes is needed. Commissioner Gillooly moved to amend the motion, seconded by Commissioner Irvin, to provide supervision and charge fees to help offset the cost. Commissioner Irvin urged the Commission to reach some kind of agreement tonight. She indicated she favors the park concept staff has recommended. Commissioner Persis again recommended calling a workshops to discuss this more thoroughly. Mayor Hood suggested the Commission allow him two weeks to attempt to bring a public/private partnership to the next City Commission meeting. He suggested allocating a full hour of discussion at the next regular meeting to make a final decision on this issue rather than holding a workshop. Commissioner Persis stated it would be morally unethical to even consider putting something like a skate park at Central Park without sending a letter to all the residents surrounding the park to inform them the Commission is even considering it. He encouraged the Commission to walk the Central Park site to gain an understanding of the impact. Commissioner Irvin suggested the residents of The Trails also be notified. Commissioner Boyle stated he is still open to suggestions, but would reminded the Mayor that one of the stumbling blocks to the private/public enterprise was that Mr. Todd was unwilling to assume the liability, particularly with an advanced type park which would be required for it to be successful as a commercial enterprise. Commissioner Boyle explained he is concerned regarding fees, because one of the starting points on this whole premise was to get the children off the streets, and with a more advanced type park, with greater liability and a fee, those caught cash short on a day-to-day basis are still going to be skating in the street; therefore, he sees the recommendation of staff for a community type park as a starting point. He stated he realizes the need for some supervision, but the New Smyrna system seems to work well.
Mayor Hood clarified that he would not vote in favor of the underlying motion, but did favor the amendment. Mr. Alan Burton, Leisure Services Director, noted that adding a fence and supervision will add cost, which tends to revert to the original concept. Regarding the liability issue, Mayor Hood stated that just because you have a problem doesn’t mean you don’t have a solution. He stated there are several ways around that problem, such as requiring general releases signed by every participant and posting signs that limit the liability under the law. He again warned if a concrete pad is constructed and there is no supervision, the City will be far more susceptible to law suits. Commissioner Gillooly respectfully suggested Commissioner Boyle withdraw his motion to allow Mayor Hood the two weeks he requested. Commissioner Boyle withdrew his motion with the agreement that at the next City Commission meeting the agenda will be kept light so there is sufficient time to discuss this issue in full and make a decision without getting late into the evening. Mr. Burton indicated Central Park has site restrictions in terms of it being more linear where only a 6,000 or 7,000 square foot skate park may fit, and the Nova site is a much longer site, with some restrictions in terms of width, where a 13,000 square foot skate park would fit. Item #11 - Audience Comments On Agenda Items Fortunato Park Wall Ms. Tina Share, Overbrook Drive, expressed concern regarding Consent Agenda Item (B) which signifies Change Order Number Two. She stated she was under the impression that bids would be more firm after the City Commission accepts a contract. Mayor Hood explained Item 7B refers to a fence the City Commission had approved months ago and was obligated to build. He stated it was not really a change, but an added cost not previously contracted. Skateboard Park Mr. Mike Cvetetic, 17 Birchwood Trail, stated Nova Recreation has the necessary room for the park; whereby, Mayor Hood requested that Mr. Cvetetic discuss this issue at the next City Commission meeting. Mr. Gordon Currie, 1 Cypress View Trail, stated Fortunato Park was originally a family oriented park, but is now a passive park. He asked that the Commission consider this when making their decision to change the passive Central Park by adding a skate park. Item #12 - Reports, Suggestions, Requests Fortunato Park Restrooms Commissioner Boyle stated that when the Fortunato Park restrooms were being discussed by the City Commission, they were to be locked at night and unlocked in the morning. He expressed concern regarding the vandalism which has occurred there and was told homeless people have taken up residence in the restrooms. Staff indicated the restrooms will be locked in the future. Casements Activities Commissioner Boyle expressed appreciation and praise to the Casements staff for the successful Native American Festival and Art in the Park. Television Report Commissioner Boyle thanked WESH-TV for the live thirty-minute report on Ormond Beach. He recommended staff send a letter of thanks to the station for the tremendous report and try to acquire a copy of the tape for the City as well as for the Chamber of Commerce. Farmers’ Market Commissioner Boyle reported the most optimistic planners were overwhelmed by the turnout at the first Farmers’ Market at City Hall. Sculpture Dedication Commissioner Boyle reported the new sculpture was dedicated this weekend, and he and Commissioner Gillooly stated they were most impressed by the dimension of sound from the sculpture. Audience Support Commissioner Irvin expressed appreciation to the audience for their support and apologized for postponing a decision on the skateboard park yet again. She promised it would be accomplished. Advanced Life Support (ALS) Commissioner Gillooly reported that as of May 1, 1998, the Fire Department began delivering ALS to Ormond Beach from Fire Stations 91 and 92. He commended the Fire Department for achieving one of his campaign goals for ALS in Ormond Beach. Skateboard Issue Commissioner Persis expressed gratitude to the Commission for their patience regarding the skateboard issue and relayed his assurance that it will be something the entire Commission will be proud of. He also thanked Mr. Burton for the time he invested in this project and encouraged the Mayor in his attempt to try to work on a public/private partnership that will attain advantages for all. Item #12 - Close The Meeting The meeting was adjourned at 9:10 PM. |
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