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MAY 19, 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 Reverend Beth Haskins, Ormond Beach 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 May 5, 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 Boyle, to approve the minutes as submitted.
Item #5 (A)- Myasthenia Gravis Month Mayor Hood presented Mr. James Burke, East Central Florida Chapter Myasthenia Foundation Chairman, with a proclamation for Myasthenia Gravis Month. He stated the Myasthenia Foundation’s mission is to find a cure for Myasthenia Gravis and related disorders and to improve the lives of all people affected through programs from medical research, patient care, patient services, professional education, and public information. Mayor Hood declared June 1998 as Myasthenia Gravis Month in the City of Ormond Beach and urged the residents to attempt to focus media attention on the need for education, treatment, research and, hopefully, an end to this incurable disease. Mayor Hood congratulated Mr. Burke for his work. Item #5 (B)- Florida International Festival Mr. Dewey Anderson, Florida International Festival, presented a plaque of appreciation for the City Commission’s support of the Florida International Festival last year. He stated nine (9) performances were held at the Ormond Beach Performing Arts Center as well as other performances elsewhere in the City of Ormond Beach. He stated a total of one-third of the ticketed performances of the festival were held in Ormond Beach last summer. Item #5 (C) - Community Policing Recognition Chief Mathieson presented certificates recognizing certain officers in the Ormond Beach Police Department who have consistently exhibited service and responsiveness to the community. He stated this is part of a quarterly recognition program to reinforce that service provided and to recognize the officers for the contributions they are making to the City of Ormond Beach. Following is a list of officers receiving recognition: Officer Charles Robson, Officer Mike Judd, Officer Doug Rumery, Corporal Dennis O’Donnell, Officer James Holmes, Sergeant George Coluccio, Officer Mike Sanders, Officer Tate Dennis, Officer Joseph Kearsch, Sergeant Barrie Biss, Sergeant Mark Walker, Officer Dominick Vessa, Officer Skip Andress and Amy Yelverton. Mayor Hood, on behalf of the City Commission, expressed his appreciation to all the aforementioned officers for their service to the community. Item #5 (D)- Comprehensive Annual Financial Report Mr. Mike Murphy, Ernst & Young, reported in the General Fund, $14,633,000 was budgeted revenues for the year ended September 30, 1997, with $15,234,000 earned, which indicated a positive variance of $601,000. He stated that on the expenditure side, the City budgeted $14,635,000 and spent $13,944,000, with a positive variance of $691,000. Mr. Murphy explained that for the General Fund, the fund balance was increased by $348,000, and the ending fund balance at the end of the year was $4,530,000. Mr. Murphy pointed out that the pension investments increased significantly from the prior year due to an accounting change where the investments are now required to be disclosed at fair market value, whereas in the past, they were reported at cost, which increased the fund balance by approximately $14,000,000. Mr. Murphy indicated there was an increase in the ad valorem taxes from $105 per capita to $124 due to a millage rate increase during the year, mostly for transportation improvements. Mr. Murphy stated that generally the trends were very positive, and the City should be commended for this management. He expressed appreciation to Mr. Paul M. Lane, Finance Director, and his staff for the good cooperation that was offered. Mayor Hood explained essentially what frame #3 of the report shows is that over the last four (4) to five (5) years, the revenue growth has been flat or showed a very small percentage increase. He asked what percent contingency reserve Mr. Murphy recommended; whereby, Mr. Murphy replied 15% to 20% or 30% as a base line. Mayor Hood asked if Mr. Murphy believes that it would be imprudent to drop below 15% reserve, and Mr. Murphy stated it would be extremely conservative. Mayor Hood asked if it would be a violation of generally accepted accounting principals to fund operating expenses out of contingency reserves; whereby, Mr. Murphy stated it would not be a violation, but it would not be prudent to fund operating expenses from the reserve fund. Commissioner Gillooly asked what the average reserve of other cities is, and Mr. Murphy indicated anywhere from 12% to 30%, but mostly from the 15% to 20% range. Commissioner Boyle stated in previous years a comparison to other Central Florida cities of a similar size were included in the report. He requested these comparisons be made available to the City Commission if possible. Mr. Murphy explained the format was changed due to the different components and services provided which makes comparison between cities difficult, but he would provide the material if requested. Commissioner Boyle stated this information would be useful, and requested that it be provided if not cost prohibitive. Item #6 - Audience Remarks Accolades for Clay Ervin, Planning Director Mr. Frank Henry, 193 Bosarvey Drive, stated he is saddened to learn that Clay Ervin, Planning Director, is leaving the employ of the City of Ormond Beach. He stated Mr. Ervin has consistently treated him with expertise, courtesy, and a willingness to take the time to assist residents of the community. Mr. Henry expressed his appreciation to Mr. Ervin and wished him well in his new endeavors. Feral Cats Mr. Bob Renforth, 97 South Ridgewood Avenue, expressed concern regarding a feral cat colony in his neighborhood, recalling a three (3) year old child who had to be treated for rabies last year. He advised he spoke to Animal Control last year and was informed that when the cat traps become available, they will be moved into the neighborhood. Mr. Renforth reported the feral cat colony is back and asked the ordinance regarding these animals be enforced. Mayor Hood asked Chief Mathieson to address Mr. Renforth’s concerns and report back to the City Commission at the next meeting as to what steps have been taken. Memorial Day Mr. Don O’Lone, 1304 Northside Drive, stated the City sponsored Memorial Day celebration is a wonderful reflection of the City and encouraged maintaining it. He stated it is a meaningful experience and a visible sign of hope. Goldy Property Ms. Mercedes McCallen, 40 Longfellow Circle, commended Glenn R. Sweeney, Grants Coordinator, for the excellent document he prepared for the purchase of the Goldy tract. Ms. McCallen stated a match is needed to accommodate the Florida Communities Trust funds, and there is $300,000 in mitigation money with the St. Johns River Water Management District. She offered to be of assistance to help attain these funds for this project. Mayor Hood asked Mr. Miller to have the Grants Coordinator contact Ms. McCallen regarding these funds. Electric Light Poles Along the Tomoka River Ms. Mercedes McCallen stated she has received several new comments proposing an alternative plan for the electric light poles along the Tomoka River which Florida Power and Light has proposed. She gave Mr. Miller the new comments to transmit to Florida Power and Light. She suggested a meeting be called with Florida Power and Light, the people who offered comments on the proposal, a representative of the City of Ormond Beach, and a representative from the Florida Park Service to address the concerns. Commissioner Boyle reported he has been made aware of some concerns regarding these poles relating to the flight patterns at the airport. Mayor Hood asked Mr. Miller to keep the City Commission advised. Commissioner Gillooly stated these poles would be an eyesore and in the pathway of a departure and a landing runway at the airport. He stated two (2) training schools are located at the airport with students learning to fly, and the size of the poles concerns him. Mr. Eugene Miller, City Manager, stated the process, as initiated by Mr. Coleman of Florida Power and Light, is working and urged the Commission to continue in this way; but he stated he would be happy to arrange a meeting with them as requested. Advanced Life Support Mr. Mike Roberts, 90 Golfview Lane, expressed his appreciation and that of the Fire Department, to the City Commission, especially Commissioner Boyle, for support in applying for the Volusia County grants. He reported approximately $32,000 was received for Advanced Life Support (ALS), and on May 1, 1998, Ormond Beach started to provide ALS. He stated in those three (3) weeks, advanced live support interventions have been initiated in 23 cases. 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 - First Cycle 1998 Comp Plan Amendments Commissioner Boyle moved, seconded by Commissioner Gillooly, to close the public hearing on Item #8. The motion carried unanimously. ORDINANCE NO. 98 - 13
Commissioner Boyle moved, seconded by Commissioner Gillooly, for approval of Ordinance No. 98-13, on second reading, as read by title only.
Item #9 - Appointing a Member to the Volusia Growth Management Commission RESOLUTION NO. 98 - 85
Commissioner Boyle stated since the last meeting, staff has provided information regarding how the Volusia Growth Management functions and its purpose, and he clarified he had never questioned Mr. Brandon’s ability to serve. Commissioner Boyle asked the Planning Department to provide the City Commission with the minutes of the Growth Management Commission meetings on a regular basis and recommended the City involve Mr. Brandon in the future in some of the growth management issues facing Ormond Beach such as the May 2nd roundtable discussion regarding squaring of boundaries. Commissioner Boyle moved, seconded by Commissioner Persis, for approval of Resolution No. 98-85, as read by title only, reappointing Gerald Brandon to the Volusia Growth Management Commission.
Item #10(A) - Skateboard Park Mayor Hood explained that at the last meeting he offered to see if there were a way to involve a private individual in the process of developing, operating and running the skateboard park. He indicated he worked with Mr. Bill Todd, owner of Starlite Skate Center; and it was determined that to make the private venture economically viable, the park needed to be large enough and an income stream needed to be generated in order to pay for the person supervising it, the general leases, and other costs. He stated a proposal for a 11,500 square foot park is predicated on the need to charge $25 per year for residents and daily rates of $3 or $4. Mayor Hood stated Mr. Todd has agreed to lease the land for $1 per year to build the park. He advised he will manage the park, being responsible for supervising and maintaining the park for 10 years, and he has advised he would be amenable to a 20-year period. He related the advantages are that this skate park would be in a commercial area as opposed to any residential areas; it is centrally located within Ormond Beach; it is accessible by sidewalks; and it better insulates the City from potential liability relative to the operation of the park. Mayor Hood indicated a disadvantage is fees will be charged, but he does not object to this because it is a matter of practical necessity and it is not inconsistent with charges the City levies for other recreational services. He stated that Mr. Todd has agreed that those children who qualify for the waiver of fees in other programs, would also qualify for the waiver of this fee, so the City would not preclude children with less economic ability from accessing the park. Mr. Alan Burton, Leisure Services Director, explained the three (3) options for fee structure were no charge, an annual pass, or an annual pass with additional fees. He stated the 11,500 square foot park (Alternative 1) is similar to the design of the approved Plan "C" with a cost of $125,000, and a 16,000 square foot park (Alternative 2) with a cost of $175,000 has been proposed. Mr. Burton stated whichever site is chosen, Alternative 1 or 2 at the Starlite Skate Center site, or the others previously discussed at Central Park or Nova Recreation Center, he will work to meet the Commission’s goals once delineated. Commissioner Persis asked for clarification on the fee structure. Mr. Burton explained that the annual pass for residents of $25 would be associated with a waiver of liability and a daily fee of a maximum of $4 for Alternative 1 and a maximum of $3 for Alternative 2. He stated the daily fee would be higher without the annual pass, and the larger park would allow more volume, thus the daily fee could be reduced. Commissioner Persis asked if either Alternative 1 or 2 could be built at Central Park or Nova Recreation Center; whereby, Mr. Burton responded he would not recommend either alternative for Central Park, but Alternative 1 could be built at the Nova Recreation Center. He stated Alternative 2 would be too large for either park. Commissioner Persis questioned the pros and cons of the different sites. Mr. Burton stated if the park were located at the Starlite location, it would be within a three (3) mile radius of the community park, but the service area would move further east; the Starlite location would free up space at the Nova Recreation Center for another function; the liability is shared with Mr. Todd rather than solely being the City’s responsibility; the residential concerns are eliminated at the Starlite location; Starlite has an indoor skating rink that is associated with a skate park; Starlite has 20,000 square feet available whereas there are site limitations at the Nova Recreation Center due to the parking requirements which must be met; and Starlite would have existing infrastructure such as building, restrooms, parking and fencing, which the other parks do not have. Commissioner Persis expressed his concern is that Mr. Todd, being a businessman, would need to charge fees to make a profit; therefore, he questioned that the City could not be assured he would not raise the fees. Mayor Hood stated if Mr. Todd would indicate the daily rate does not generate sufficient revenue, he would interpret that to question if there is truly a need or desire for a skateboard park. He stated he would rather allow Mr. Todd to take that risk than allow the City to do so. Commissioner Boyle asked Mr. Burton to elaborate on how many skate parks he recently visited was the breakdown as far as type of park. Mr. Burton stated he visited skate parks in New Smyrna Beach, Royal Palm Springs, Boca Raton, Naples, Collier County, Tampa, Altamonte Springs, South Daytona, and others equaling approximately fifteen. He stated of these Tampa and Royal Palm Springs had no fences or fees; and New Smyrna Beach has no fees, but there is a proposal for an annual pass. He indicated Royal Palm Springs and Naples have an annual pass, and Collier County has an annual pass with a daily fee. Mr. Burton stated almost all had a fee and fence, and one was public/private, but there was none like the public/private park proposed. Commissioner Irvin asked for more information about the Tampa park. Mr. Burton stated Tampa has been in existence since the 1970’s, is unsupervised, unfenced, with no charge and features a bowl the size of one tennis court with moguls. Commissioner Gillooly advised the YMCA is receptive to discussions of a skate park, but it is more isolated. He asked if the cost is likely to balloon; whereby, Mr. Burton responded that the quoted price is for play surface only, and if bleachers or lights are added, there would be an extra charge. Ms. Muriel Nicastro, 6 Mimosa Trail, agreed with Mayor Hood regarding fees, indicating that if one can purchase a skateboard, then a $25 annual fee is a minor consideration, and waivers should not be needed. She questioned if these skateboarders have the maturity to understand that things cost money and that someone has to pay. Ms. Nicastro related there are priorities such as water, fire and police which need to have funds appropriated first, and if there are funds remaining after the essentials, a parks can be built. She suggested the youth should understand they can’t have the best and biggest skate park. Mr. Don O’Lone, 1304 Northside Drive, stated if the YMCA can assist in bringing closure to the issue of where to build the park, he favors the City investigate that possibility. Mayor Hood stated he spoke to Wayne Bostic at the YMCA and advised him that the City Commission needed to deal with this issue by this evening, but they are still discussing the matter. Ms. Tammy Blake, 12 Heather Lane, asked if the same people who run the roller rink will also run the skate park, to which she was informed they would be. She recommended the Commission observe the behavior of the participants at the roller rink on a Friday or Saturday evening, before approving this venture. Mr. Peter O’Keefe indicated he and his fellow skaters have no problem with the fees or signing waivers, realizing there is a significant possibility they could be injured, but he would much rather go to an Ormond Beach park than travel to Stone Edge in South Daytona which he presently does three (3) times per week to utilize their park. He stated there is no doubt people will come and willingly pay the fees if the park is built. Mr. O’Keefe stated skaters will pay to rent pads and helmets, purchase food and beverages. He pointed out that the waiver is sufficient in that people realize they skate at their own risk, eliminating the liability issue. Mr. Mike Cvetetic, 17 Birchwood Trail, indicated he had a petition signed by residents surrounding the Nova Recreation Center which advocates the park be constructed at the Nova site. He stated Stone Edge has a residential area directly behind the park with no complaints from those residents; whereby, Mayor Hood informed Mr. Cvetetic that he owns the apartments behind the park, and he does receive complaints. Mr. Cvetetic stated the skateboarders living in the vicinity of The Trails will not be able to get transportation to Starlite or Central Park on a daily basis. Commissioner Gillooly explained he understands the transportation problem, but if the park were built in The Trails, the skaters from the other side of town would have difficulty getting to it. He suggested it may be more fair to have the skate park centrally located. Mayor Hood pointed out sidewalks now exist from The Trails to U.S. #1, and he stated there is a moral question of making the park accessible to most of the people in the community. Mr. Michael Gustafson, 460 Pine Bluff Trail, stated years ago skating was permitted, but now it has been made illegal with police harassment, and court time with the entire ordeal turning children into criminals. He advocated the park be built at Nova Recreation Center which he contended is centrally located. Mr. Gustafson stated there is a bar at Starlite serving alcoholic beverages. He stated the annual fee seems fair, but the daily fee is excessive since the owner could make enough money on the pro shop and concession stand to earn a profit. He stated the size needs to be large enough so that anyone from the novice to the expert will not grow bored with it quickly. Mr. Bill Todd, owner of Starlite Skate Center pointed out the daily rates quoted are the maximum, and not necessarily the actual fee that will be charged. Mr. Todd stated they deal with 300 to 400 teens on a Friday night using Volusia County off duty sheriffs to aid in control, and he indicated he is excited about the prospect of the park. Commissioner Boyle stated the report indicates a net revenue of $10,000, but Mr. Todd will also derive revenue from selling and renting equipment as well as concessions. He asked if it were possible to be given an estimated profit from all sources. Mr. Todd replied that there is a great deal of competition for the sale of equipment. He stated he could supply a figure, but it would have to be based on the roller-skating business, since he has never been in the skate park business before. Commissioner Persis stated his main concern is the fees, so the typical middle school resident of Ormond Beach can skate. He questioned that the City would have little control over the business making large sums of money at the expense of the youth; whereas, if the City runs the park, it has control. He stated he could agree to fees and the park on US1, but cannot agree to the City having no control. Mayor Hood recommended capping the fees, with any increase having to be approved by the City Commission, to which Mr. Todd agreed. Commissioner Gillooly indicated there may be a possibility reduced fees may be offered in the afternoon to answer Mr. Persis’ problem; and regarding Mr. Boyle’s question about how much Mr. Todd would make renting or selling equipment, Commissioner Gillooly pointed out that Mr. Todd is taking a gamble and is entitled to a profit. Mr. Thomas Baker, 1103 South Peninsula Drive, Daytona Beach, expressed his appreciation of the Commission’s support of skaters to this point, but he opposed a public/private venture in that it appears the City is giving their responsibilities to a businessman so they don’t have to deal with the problem. He advocated a public park where the City is supporting the skaters. Ms. Muriel Nicastro, 6 Mimosa Trail, stated there was a need in Ormond Beach for a new kind of playground for young children, and the parents raised over $120,000 and worked very hard to accomplish this. She stated that if the parents of these skaters feel it is important, they should perhaps be willing to help as the parents of the small children did for the playground. Commissioner Persis made a motion to build the Alternative 1 park at Nova Recreation Center. The motion died for lack of a second. Commissioner Gillooly made a motion to build Alternative 1 at Starlite on U.S. #1 with the fee summary as in the business proposal, with the additional condition that the fee summary be capped and not increased without City Commission approval. The motion died for lack of a second. Commissioner Boyle stated he received a letter from the people working with the playground project indicating very conditional approval of the park to be placed at Nova Recreation with eight (8) very, very serious and confining conditions, which was, in essence, a non-endorsement. He stated he now concurs with Commissioner Persis that Central Park is a very pastoral and quiet park. He expressed his appreciation to Mr. Todd for his time and consideration regarding the park being placed at the Starlite facility, indicating it was a very honest proposal with integrity and very good intentions and, on balance, a win/win situation. He also thanked the Mayor for helping to work out a deal, as he has so many times on his own time. Commissioner Boyle stated, however, that while the agreement is very good, he is not certain it solves the problem. He stated the Commission has been hearing from two different segments of the community, and skateboarding has two separate and distinct markets. He explained one market is the younger people who have scraped enough cash together to get a skateboard and that’s about it. He continued the other market is the older people, and the Commission has been making the mistake of trying to accommodate both groups. He stated that although the Starlite proposal does have advantages, he doesn’t believe the City would be absolved of liability in that if there were a lawsuit, the party would sue Mr. Todd and the City. Commissioner Boyle stated he feels the larger parks are best left to the private sector, and the cities need to build simple parks with free access. Therefore, he recommended Option 4, that the City continue to pursue a very simple skateboard park and continue searching for some City land or private land such as the YMCA. Mayor Hood stated there comes a point in time to make a decision, that different sites were investigated, and the people at the YMCA were contacted. He continued the liability question is probably easily dealt with by the fact that Starlite has insurance coverage, and the City would be a named insured under their coverage, thereby eliminating that risk. He stated there would be a general lease that gives a second buffer as to liability, and there would be an indemnification agreement from Starlite which would give the third buffer. Thus, he concluded the joint partnership is the only way the City has to insulate itself from liability. Mayor Hood stated he has never been particularly enamored with the concept that the City needs to design a park for people who are 17 years and older, and would prefer the City provide a park for the 6th, 7th, 8th, and 9th grades who live in Ormond Beach, of which the $125,000 park is sufficient. He stated it is time to make a decision, and he favors the private sector/public sector joint partnership. Commissioner Irvin urged the Commission to respect these children and support their interests. She stated she favors the Tampa type park with flat trails winding all around through the park with a few elements that were not high. She stated a facility like Stone Edge would be great, especially in Zone 2, buy it should be a private venture. Mayor Hood summarized the Commission has four alternatives: Commissioner Boyle’s alternative which is to table it and to continue to look at other sites; Commissioner Irvin’s alternative which is to build a Tampa situation that basically winds through Nova Recreation; Commissioner Gillooly’s private sector alternative; and Commissioner Persis’ for Alternative 1 at Nova Recreation. Commissioner Irvin corrected Mayor Hood in that she favors a Tampa type park be built at each park since the cost is inexpensive. Mayor Hood passed the chair to Commissioner Irvin in order to second a motion. Commissioner Gillooly moved, seconded by Mayor Hood, to build Alternative 1 at a cost of approximately $125,000 at the Starlite Skate Center facility on U.S. #1, with the fees attached to the Starlite proposal and with the understanding that any fee increase would have to be approved by the City Commission. Commissioner Persis explained he would be voting against the motion because of the cost to Ormond Beach residents. He stated he could agree to a $25 annual registration fee, but no daily fee charged to Ormond Beach residents. Commissioner Boyle advocated building a community park, something minimal, and then perhaps the public/private with Starlite might be more appropriate several years down the road. Commissioner Persis moved to amend the motion, to eliminate the daily fee for Ormond Beach residents. Mayor Hood questioned if Mr. Todd were willing to waive that fee. Mr. Todd stated the idea of the fee and the $25 charge is for supervision. He stated he would be willing to reduce the annual fee, but must keep the daily charge. He reminded the Commission at $1 per year rental of the land, he is not making a profit. Mr. Todd offered the possibility of allowing residents to utilize the facility free on a selected day, perhaps Monday or Tuesday, but not every day. Mayor Hood stated the motion to amend failed because there was no second.
Item #10(B) - Proposed Traffic Study By Jim Powers Mayor Hood stated the entire downtown traffic issue is scheduled for a City Commission meeting and asked Mr. Powers if it would be more prudent to present his plan at that meeting. Mr. Jim Powers, 3 Santa Lucia, asked that the plan be discussed at this meeting. Mr. Powers stated his plan could be enacted now with little expenditures. He stated Granada Boulevard is the site of his plan, which is the busiest roadway in Volusia County except for the interstate on special events. He stated his goal is to entice customers to stop and shop in downtown Ormond Beach. Mr. Powers stated the present Streetscape program entails eliminating parking on half of this section. He stated the current driving lanes on Granada Boulevard vary from 20 feet to less than 12 feet wide in a serpentine pattern, with buses stopping and cars parking. Mr. Powers proposed Granada Boulevard be straight and 63 feet in width, which allows for a 1,600 feet long by 9 feet wide buffer on each side between traffic lanes and sidewalks, thereby accommodating over 100 parked cars, more than doubling the current spaces, and saving more than $400,000 spent on off-street parking while protecting storefronts and pedestrians. He suggested white stripes be painted on each side of the driving lane, outlining the DOT standard of an 11 foot wide driving lane from Yonge Street to the beach with left turn pockets. Mr. Powers stated he had added two lanes in each of the left turn pockets. He recommended eliminating left turns at Washington Street and Ridgewood Avenue, and that speed limit and no left turn pavement signs be painted in the driving lane. He proposed that bus pick ups and drop offs be made around the corner and looped around the block, not on Granada Boulevard. Mr. Power stated by eliminating yellow curb, seven (7) parking spaces are made available. He reported a number of businessmen between Ridgewood Avenue and Beach Street have volunteered to relinquish their driveway for this three (3) month study. Mr. Power stated two (2) additional pedestrian crossings are needed with enough time to cross the street at all five crossings. He stated that DOT is not easily moved, but it is not impossible to do so; therefore, he recommended staff work with DOT and Votran to design, in house, a small field study for this summer. Mr. Powers stated his proposal would be to paint Granada Boulevard black, and temporarily restripe it at a cost of approximately $34,000. He stated this does not interfere with the Streetscape plans, and he requested staff report at the next meeting with details including estimated costs and their recommendations. Mayor Hood expressed appreciation for Mr. Power’s time and effort. It was determined it would be more appropriate to further discuss this along with the Streetscape when that is brought before the Commission. Item #10(C) - Consideration of Reinstating the Environmental Advisory Board. Commissioner Boyle stated the City Commission was advised a number of years ago that the national trend is to function with a minimum of citizen advisory boards, but there has been a growing mandate in Ormond Beach, and he personally has been lobbied to restore the environmental board that was abolished over four (4) years ago. He stated the functions of the environmental board were to be absorbed by the Planning Board, the Development Review Board, and the Quality of Life Board. Commissioner Boyle stated the project and the site specific issues can still be handled by the Planning Board and the Development Review Board, but he has observed the Quality of Life Board is not making recommendations and has been discouraged to do so by staff. He stated a new environmental board could advise the City Commission on questions that have been recently addressed such as growth and annexation, whether or not the rules and standards of the Comprehensive Plan should be relaxed for other trade-offs in maintaining environmental quality, and the problems regarding Southwest Interchange. Commissioner Boyle moved, seconded by Commissioner Gillooly, to approve the concept of reinstating the Environmental Advisory Board with staff to come back with outlines on specifics and alternatives as to structure, function, and responsibility at a subsequent meeting. Commissioner Persis stated the City Commission is scheduled to review all the boards in six (6) months, and Commissioner Boyle explained all the boards are actually scheduled to sunset in six (6) months. Mr. Lipps clarified all but two (2) boards will sunset on December 30, 1998, with the others sunsetting at a slightly different date. He indicated that because of the overlap of activities between the Planning Board and the Development Review Board, staff will bring that discussion together at the same time. Commissioner Persis asked if Commissioner Boyle was correct in his statement that environmental issues do not come before the Quality of Life Board; and Mr. Lipps stated environmental issues are brought to the Planning Board on the policy side and project specific issues are through the Development Review Board, but not the Quality of Life Board because they have gone though the two (2) other boards. Commissioner Boyle asked if the Quality of Life Board is tasked in its definition to deal with environmental matters; whereby, Mr. Lipps stated he is not certain of this. He explained staff is not supportive of fewer boards, just non-duplication of boards, and he stated overlapping boards create frustration for the board members. Commissioner Persis stated he sees a problem in single-issue boards that, by design, are narrowly focused and not representative of the community at large. He stated if more than one board investigates an issue, it can cause conflict between the members of the boards and doesn’t accomplish what it should. Commissioner Persis stated that rather than creating standing advisory boards, he would favor ad hoc boards to address one particular issue. Commissioner Boyle noted environmental questions are probably the single greatest and most difficult question the City Commission faces. He stated a question on annexing large parcels of land with the request some rules be relaxed for density and destruction of wetlands as a trade off to gain greater control as a government entity over the development that occurs on that land is a question that neither the Planning Board, Development Review Board, or Quality of Life Board would deal with. Mayor Hood stated that the reason this board was eliminated was that the Planning Board was so bogged down in the minutia of the day-to-day operation of the City and approval of projects that it was not truly a Planning Board, and no visioning was being done. He stated the point in reworking the boards was to streamline the process. Mayor Hood stated the Planning Board is specifically charged with visioning and the very things Commissioner Boyle related as reasons there is a need to create the Environmental Advisory Board. He stated that if Commissioner Boyle is concerned there are not enough environmental people on these board, then the City Commission should revisit the appointments to the boards. Mr. Randy Hayes, City Attorney, advised the Quality of Life Board is currently charged with making recommendations on environmental protection and conservation. Mayor Hood asked staff if they are discouraging the Quality of Life Board from making environmental recommendations, to which Mr. Lipps stated staff has strongly encouraged environmental issues to go to the Planning Board, except where they may deal with environmental issues on public property. Mayor Hood assured Commissioner Boyle that staff will have no problem complying with the Code in the future, to which Mr. Lipps agreed. Mr. Gordon Kipp, 182 Grove Street, a member of the former Environmental Advisory Board, stated that the reason the board was abolished was because it was doing exactly what it was charged to do, protecting Ormond Beach’s fragile environment. He indicated that this board was disbanded upon recommendation by a task force because developers were having difficulty getting approval for their developments. Mr. Kipp stated several embarrassing incidents have occurred since then that could have been avoided had there been an active Environmental Advisory Board. He concluded Ormond Beach desperately needs an Environmental Advisory Board, because the other boards are not getting the job accomplished. Commissioner Persis again stated this would be a single issue board that would better be served through the existing boards.
Item #10(D) - Claims and Programs Committees Mayor Hood stated that the City Attorney gives the opinion that the Mayor serving on the Claims Committees violates the City Charter. Mr. Hayes advised that an ordinance exists that is not compatible with the Charter; therefore, one needs to be amended, the Ordinance or the Charter. Mayor Hood stated it is irrelevant to him if he is on the Boards or not, but Fred S. Disselkoen, Jr., the former City Attorney, drafted the ordinance, because the situation existed where the City was paying out money in liability and Workers’ Compensation. He stated the City’s insurance consultant suggested instituting this process and that the City Commission have a representative on the Claims Committee so they would have input and also save the process of bringing every claim back to the City Commission in a secret executive session. Mr. Hayes stated a secret executive session is only necessary when discussion is pending litigation strategy. He stated the claims that come before the Commission for approval of pay-outs go through the claims process. Mayor Hood asked if it was true that up to $25,000 is given to Mr. Miller to pay out, but beyond that nobody has that authority except the City Commission; whereby, Mr. Hayes responded that there is a State statute that puts a cap on $10,000 for pay outs, and anything over $10,000 must come to the City Commission. Mayor Hood stated Ormond Beach has not been doing this because it was run through the Claims Committee, and he stated the Claims Committee has cut the pay-outs by at least half under the current process. Commissioner Boyle stated he is very comfortable with Mayor Hood on the Claims Committee and feels the City is very well served, but he is concerned the City may be open to reversals or lawsuits if not corrected. Mayor Hood stated the Mayor’s name may be deemed removed from the Claims Committee. Commissioner Boyle made a motion, seconded by Commissioner Gillooly, to draft an ordinance to remove Mayor Hood from the Claims Committee.
Item #10(E) - City Attorney Office and Staffing Issues Mr. Hayes requested the addition of one (1) secretary to the staff and a reclassification of the existing secretarial position to a paralegal position. He indicated data was complied assuring the reclassification is consistent with the current standards in the surrounding municipalities. Mr. Hayes stated the minimum range is $22,000 to $39,000, and he recommended a salary somewhere in the center of that range for the paralegal. He stated he anticipates the full-time secretary to be hired as well as the reclassification effective October 1 to become part of the normal budgeting process, although the duties are currently being performed, so the reclassification may be effective immediately. Mr. Hayes stated this addition creates office space problems to which he recommended the use of the vacant Ames House. He stated it the Ames House currently undergoing repairs, with estimated costs for basic fire and renovations to be $35,000, plus possible costs for paving the parking lot and handicap access. Mayor Hood asked if the proposed paralegal has certification by degree or test; and Mr. Hayes stated she has the equivalent certificate by education, experience, and years of service, which is consistent with what is currently being utilized in the surrounding government entities. Mayor Hood indicated that if an employee is to be reclassified to paralegal, he wants to be assured the City will use the nationally recognized standard for a paralegal; whereby, Mr. Hayes reiterated the employee has the qualifications that other municipalities currently have in their criteria. He stated she could be termed Legal Assistant, but the job duties would be the same. Mr. Hayes stated the employee has partially completed paralegal studies, and will continue when the Legal Department gets some relief. Mayor Hood asked if another person, other than the new secretary, would be added, and Mr. Hayes advised he would also fill the vacated Assistant City Attorney position. Mayor Hood stated the City has been operating with two (2) attorneys and one (1) secretary for as long as he has been with the City, but with Mr. Hayes increasing the staff, it would increase his budget by at least $22,000 to $30,000 plus at least $35,000 for renovation of the Ames House. He expressed his concern that approving this would be approving an increase in overhead which could lead to an increase in ad valorem taxes. Mayor Hood stated before he would approve this proposal, he would recommend the City bid to determine if the legal services could be provided at this budget or less. Commissioner Boyle expressed his belief that the issue is not one of cost, but what burdens have been placed on the Legal Department. He stated that the late Fred Disselkoen, because of his experience and competence, performed the workload of two (2) attorneys as well as some of that of a secretary. Commissioner Boyle stated the request is reasonable since the department was stretched before Mr. Dissekloen’s death and has been to an even greater extent afterwards. Regarding the move to the Ames House, Commissioner Boyle stated the City will realize three (3) advantages: the Legal Department will need space that is not adequate in City Hall, the space now occupied by the Legal Department would be freed up for other needs, and the Ames House is an asset which can’t be rented to a homeowner or a restaurant, and if it were occupied and a functioning building, it would be better maintained. Commissioner Boyle made a motion, seconded by Commissioner Gillooly, to approve Mr. Hayes’ recommendations regarding staffing and location.
Item #11 - Audience Comments On Agenda Items There were no audience comments on agenda items. Item #12 - Reports, Suggestions, Requests Skateboard Court Mr. Miller asked for clarification regarding staff direction. He asked if staff were to work with Mr. Todd to utilize the Starlite Skate Center site on North U.S. #1, with a $125,000 investment from the City for construction, with a $25 annual fee and $4 maximum daily fee. There was no disagreement. Commissioner Persis stated Mr. Todd also needs to stand behind the comments he made regarding the free days to Ormond Beach residents as he promised. Light at Halifax Drive and Granada Boulevard Commissioner Boyle asked if it were possible by national standards to get a four (4) second all-red traffic light at Halifax Drive and Granada Boulevard to help pedestrians to cross the intersection. Mr. Ted MacLeod, Public Works Director, replied he has asked Volusia County Traffic to examine this issue, and they said they agreed to do this, but their cursory answer was negative. Mr. MacLeod will inform the Commission when he receives a definitive answer. Accolades for Clay Ervin, Planning Director The entire commission expressed their gratitude and well-wishes for Mr. Ervin and thanked him for all he has done for the City of Ormond Beach. Commissioner Boyle stated he believes the highest complement he can give Mr. Ervin is that with all the "hot button" issues regarding planning and growth, consistently all the way through his tenure, Mr. Ervin has had the respect of both sides of those issues and has been known not only for his competency and articulation, but also for his integrity, and he wished him well. Commissioner Irvin stated that although they worked together only a short time, she has enjoyed working with Mr. Ervin. Commissioner Gillooly thanked Mr. Ervin for his integrity, his good nature, and his patience. Commissioner Persis stated Mr. Ervin is a top notch person who is competent, professional, polite, and has a lot of patience, and he will be missed. Mayor Hood stated Mr. Ervin has always been a first-rate professional, and the City appreciates his service. "Gentlemen’s Agreement" with Holly Hill Regarding Annexation Commissioner Boyle stated he read a News-Journal article stating Holly Hill had formally approved the "Gentlemen’s Agreement" between Holly Hill and Ormond Beach regarding Annexation. He stated the article reported a resolution will be sent to Ormond Beach for formal consideration. Commissioner Boyle asked if the Commission will formally consider this for approval, and he questioned how and why Ormond Beach got to this point. He questioned that the map shown on the report of April 14, 1998, indicates a north/south boundary of US #1, yet Ormond Beach is trying to square up the east/west boundary. Commissioner Boyle asked for clarification on this matter. Mr. Miller stated he has had discussions with Mr. Lusk regarding the "Gentlemen’s Agreement" in the context that the line from Holly Hill runs south of the Riviera Hotel property. He stated he was informed that Holly Hill received a request for annexation of the Riviera Hotel property which was approved along with everything that was included in the "Gentlemen’s Agreement", but the resolution has not yet been received. He stated he will bring it to the City Commission when he receives it. Construction on the Corner of Bostrom Lane and Hand Avenue Commissioner Irvin expressed concern regarding a house under construction on the corner of Bostrom Lane and Hand Avenue. She stated the owners of this property requested a zoning change from a single family dwelling to a duplex which was denied by the Planning Board on January 8, 1998, and the City Commission also denied this zoning change on January 17, 1998. Commissioner Irvin stated it appears the owners have chosen to ignore the zoning laws in that the building has two (2) front entrances, two (2) garages, and apparently has two (2) kitchens. She requested City staff inspect this building and report its findings to this Commission at the next scheduled meeting; and if the construction is in violation, that the matter be turned over to the City Attorney to advise the Commission on what action can be taken. Mr. Clay Ervin, Planning Director, stated staff received a number of complaints regarding the appearance of the house, yet the definition of a single family dwelling unit is that it must have only one (1) water meter and one (1) kitchen which is defined as having a stove cooking apparatus. He stated this house does not meet the definition of a duplex since it has only one (1) water meter and one (1) kitchen. Commissioner Irvin asked to have the code inspectors monitor the building carefully, because there is nothing to keep the owners from adding the extra meter once the house is completed. Unicom System Commissioner Gillooly stated there are two (2) similar facilities that supply fuel and have flying lessons, etc., at the Ormond Beach Airport. He stated approval for use of the Unicom System is given from the Federal Communications Commission (FCC) for the purpose of asking information regarding things such as the supply of fuel or if there is a restaurant. Commissioner Gillooly stated Sunrise Aviation has this Unicom license. He stated Sunrise sells fuel for $2.15 per gallon, while Ormond Aviation has fuel at $1.59 per gallon as well as carrying jet fuel. Ormond Aviation has an obviously better machine shop; they are open longer hours and have greater visibility to the runway. Commissioner Gillooly stated the FCC indicates the Commission will designate the applications for hearing to determine which applicant is best qualified to render advisory service. He stated because of the hangars, the runways are not clearly visible from the Sunrise facilities, and since Ormond Aviation has longer hours of operation, it seems Ormond Aviation is providing better service, yet Sunrise has the license. Commissioner Gillooly recommended an ad hoc committee, possibly reinstatement of the Airport Advisory Board on a temporary basis, to investigate this situation. If the license must be granted, he stated it should be granted provisionally until the ad hoc committee is set up. He requested a report at the next meeting. Mayor Hood stated that where there is no tower at an airport, a Unicom is used for informational use, such as planes wishing to land at Ormond Beach Airport needing to get into the flight pattern, find out if anyone is in the flight pattern, or what services are available. He stated the Airport Manager has consistently renewed this on a three (3) year basis, and he understands it has already been renewed. Commissioner Gillooly stated he would like to understand why this lease was renewed; whereby, Mayor Hood requested this be placed on the agenda for discussion. Volusia/Flagler Female Athlete of the Year Award Commissioner Gillooly stated former Commissioner Ed Kelley’s daughter has been nominated to be a finalist for the Volusia/Flagler Female Athlete of the Year award. He expressed his, as well as the rest of the Commission’s, congratulations to the Kelley family, especially Mr. Kelley’s daughter for this achievement. Father Lopez Baseball Championship Commissioner Gillooly wished the Father Lopez team well in their quest for the championship. Skateboard Park Commissioner Persis expressed his appreciation to the residents for persevering through the process to approve a skateboard park. He suggested keeping a close watch on the park to be assured all commitments are being honored. City Attorney’s Office Staffing Commissioner Persis explained to Mr. Hayes the reason he did not approve his requests is because he has only been here for six (6) months, and it seems a little early to expand the staff. Innovations In Local Government Conference Mr. Miller stated he has made reservations to the Innovations In Local Government Conference in Colorado Springs which he has attended for the past three (3) years and found to be informative. He asked for the City Commission’s approval to attend this conference on June 3rd for three (3) days. Mayor Hood, hearing no objections, gave Mr. Miller approval. Item #12 - Close The Meeting The meeting was adjourned at 9:48 PM. |
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