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JUNE 2, 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
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 Joe Putting, Tomoka Christian 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 19, 1998, Regular Meeting have been sent to the Commissioners for review and asked if there were any corrections, additions, or omissions. Commissioner Persis indicated page 11410 is in error in stating, "He stated he could agree to fees and the park on US1…." Commissioner Boyle moved, seconded by Commissioner Gillooly, to approve the minutes with the above-noted change.
Item #5 - Audience Remarks Recreational Vehicle Code Mr. Don Ward, 1214 Parkside Drive, stated he has over 50 names of citizens who were notified that they were not in compliance with the recreational vehicle codes. He recommended a comprehensive study of the regulations to determine ambiguity and fairness. Mr. Ward stated he believes some regulations force the citizens to break the law and some are not reasonable. He intimated regulations should be relaxed to give the citizens an opportunity to use their recreational vehicles and stated there are a large number of residents upset and angry with the current codes. Commissioner Boyle stated this issue came before the Planning Board and Code Enforcement Board. He explained that this should not cause anger because the government is here to serve the people and if an error was made, it can be corrected. Mr. Eugene Miller, City Manager, stated this item is on the Planning Board agenda for July 9, 1998; therefore, the review process has already begun. Mr. Ward asked the enforcement of these codes be tabled until such time the City Commission reviews the codes. Mayor Hood stated that on the next City Commission agenda, the Commission will discuss whether to abate enforcement until the August meeting when they will discuss the Planning Board recommendations regarding these codes. He encouraged the people interested in this issue to attend the next meeting to voice their opinions. Mr. Ward requested letters be sent to the people who have been sited informing them of the upcoming meetings on this issue. Mayor Hood asked Mr. Mark Schleub to place a notice in the News-Journal relative to this matter. Mr. Schlueb agreed. Memorial Day Celebration Mr. Don O’Lone, 1304 Northside Drive, commended Commissioner Gillooly for the excellent job he did in representing the Mayor at the Memorial Day celebration. He stated the celebration gets better every year and commended the City Commission and the Leisure Services Department for making it a success. Three Chimney’s Project Mr. Ceylon Barclay, 1439 Ocean Shore Drive, Ormond-by-the-Sea, spoke on behalf of the Ormond Beach Historical Trust. He stated in 1996 the Three Chimney’s project was number one in the grant process. Mr. Barclay indicated that Mr. Glenn Sweeney, Grants Coordinator, submitted a grant to CARL, but it lost funding by one vote. He requested time at the next City Commission meeting to offer new ideas and new approaches in reapplying for the grant to get this sugar mill funded in order to make it a historical park. Mayor Hood asked this item be added to the next agenda. Oakridge Cemetery Ms. Minnie G. Wade, 149 Lincoln Avenue, expressed her appreciation to the City and the Police Department for their support in cleaning up Oakridge Cemetery. Ms. Wade stated she was told there were coquina rocks available behind the Reflections Building, and if this were true, she requested use of these rocks to block off the western portion of the cemetery. Mayor Hood asked Mr. Miller to determine if there were coquina rocks available for Ms. Wade. Farmers’ Market Ms. Tina Share, 1317 Overbrook Drive, commended the City for the Farmers’ Market. She stated that she was informed the Farmers’ Market would be expanded, and if this were true, she requested the City Commission approve the expansion. Skateboard Park Reverend Steve Anderson, 50 South St. Andrews Drive, stated that although he is aware it is not easy to deal with issues of many divergent points of view, he is very disappointed in the outcome of the skateboard park proposal. He stated the Commission missed an opportunity to do a great service to the youth in Ormond Beach. Reverend Anderson indicated the cost per visit is too high considering a large number of youth skate every day. He stated the Commission’s goals will not be met because skaters will still skate on the streets since few can afford to go to the skatepark every day and pay the $4 fee. Reverend Anderson stated the police have been tolerant of the skaters, but surely that will cease when there is a skatepark available giving even more youth the stigma of being arrested and becoming law-breakers and criminals. He explained his concern regarding the poor relationship between the youth and the police, and the bad concept youth will have of law and law enforcement. Reverend Anderson recommended the City Commission reconsider this issue and locate the park at Nova Recreation Center which has miles of sidewalks leading to it, has a multitude of recreational activities presently available, and the skatepark would make a great park even better. Facility at 300 Sanchez Avenue Ms. Sandy Tomasello, 302 Sanchez Avenue, expressed concern regarding a facility for the mentally handicapped at 300 Sanchez Avenue which is in a residential area. Mayor Hood explained the State of Florida preempts local jurisdictions in allowing certain types of facilities and recommended Ms. Tomasello contact Senator Locke Burt to voice her opposition. Ms. Tomasello stated she has contacted Senator Burt and Representative Evelyn Lynn. Commissioner Boyle asked if this could be made a part of the City’s legislative policy statement if the City Commission concurs. Mayor Hood asked this item be placed on the next agenda to discuss adding this to the legislative policy statement. Motor Home Codes Mr. Richard Holman, stated his mother lives at 93 Dianne Drive and a motor home is parked on the property line of his mother’s home. He stated the fence was not constructed according to code, was not completed according to the permit, and the vehicle overshadows this small home. Mr. Holman was told by the owner of the motor home that it was parked only temporarily and will be placed on a lot for sale, but time has passed and it is still parked on the property line. Mr. Todd Herget, Chief Building Official, reported this is going through the Code Enforcement process and the owner has been cited for the height of the vehicle. He indicated that the "For Sale" sign is illegal since it has been present for more than 30 days and an inspector will visit the owner this Saturday to discuss the matter. Mayor Hood requested a monthly memorandum to update the City Commission on Mr. Herget’s progress. He recommended Mr. Herget work directly with Mr. Holman regarding this problem. Commissioner Boyle explained his frustration in that for 150 days there has been no solution to this problem. Mr. Lloyd Pottle, 935 Parkwood Drive, stated he had his motor home inspected and was told it looked great, yet later he was cited because his air conditioner was too high. Mayor Hood again stated that at the next meeting the City Commission will discuss whether to abate the code enforcement actions until the item is fully resolved in August. Stormwater Drainage Canal Mr. Mark O’Leary, 508 North Yonge Street, stated Ormond Beach was granted an easement in order to construct and maintain a stormwater drainage canal which was originally dredged to a depth of approximately eight (8) feet in 1959. He explained that through the years, the canal has built up a thick deposit of mud with exposed areas. Mr. O’Leary stated the aquatic life is in danger and that manatees give birth in this area. He further indicated that as a result of the depth of the canal, some yards flood. Mr. O’Leary requested the City maintain this canal, as agreed to in the easement, and bring it back to its original condition. Mayor Hood asked Mr. Ted MacLeod, Public Works Director, to report to the Commission at the next meeting and provide a copy of the memo to the people listed on the petition. Commissioner Boyle asked Mr. MacLeod to find out if the City is responsible for maintenance, if the State of Florida Department of Natural Resources has any jurisdiction, if there is preventative action to get the stormwater out of the canal, and to check into the manatee protection issue. Mr. MacLeod replied some of the investigation work has already been started, but to do as thorough a report as Commissioner Boyle requested, it would be difficult to complete by next Friday, which is the deadline for packet information to be submitted. He offered to provide a status report of the investigation for the next meeting. Mayor Hood asked a status report be provided for next meeting, with a full report to be presented for the first meeting in July. Emmons Cottage Mr. Gregory Camp, 81 Seton Trail, stated he was informed that the Emmons Cottage is to permanently remain in its present position on the parking lot. He questioned if the Cottage meets the setback regulations at that location and intimated the City is not following its own requirements. Mayor Hood stated that the placement of the Emmons Cottage has caused some concern in the community; therefore, he requested it be placed on the next agenda for a fuller discussion. Mr. Camp commended Ann Burt and Sang Roberson for their efforts, but the present location is totally unacceptable. Ms. Alice Jaeger, 447 Triton Road, stated another location was sought, but this was deemed the best location available and it will prove to be an asset to the community. Commissioner Irvin expressed a desire to meet with the Director of the Art Museum and interested residents of Seton Trail prior to the next meeting to try to work out a solution to the problem of the Emmons Cottage location. Signage at Scenic Drives and Canopy Roads Ms. Rae Mastropierro, 595 Riverside Drive, stated that the scenic drive sign which was located on the corner of East Granada Boulevard and Riverside Drive is missing, and requested it be replaced and place or replace all the appropriate signage to all the scenic drives and canopy roads. Mayor Hood asked to place this item on the next agenda. Item #6 - 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. Mayor Hood asked that Item 6(E) be discussed separately. Commissioner Persis asked that Item 6(F) be discussed separately. Commissioner Boyle moved, seconded by Commissioner Persis, for approval of the Consent Agenda minus Items 6(E) and 6(F).
Item #6(E) - Firefighters’ Contract RESOLUTION NO. 98 - 94
Commissioner Boyle moved, seconded by Commissioner Persis, for approval of Resolution No. 98-94, as read by title only. Mayor Hood explained he voted against the original contract for the reasons mentioned at previous meetings; therefore, he will not vote for this contract either. He stated it is the same problem which he articulated would occur when it passed originally. Commissioner Boyle stated this does fix a substantial problem which at least three (3) Commissioners as well as the citizens objected to originally. He explained the Firefighters have cooperated with the City in stretching out the steps to 15 years, softening the impact fiscally. Commissioner Boyle commended the City negotiators and the Firefighters Union. Mayor Hood asked Mr. Paul M. Lane, Finance Director, if the City actually significantly decreased the increase in expenses this year by this proposal. He stated what has happened is the steps are stretched out so it is less of an increase in the future years, but doesn’t change the fact that there is a 18.9% pay increase this year. Commissioner Gillooly stated for many people there were two (2) major problems with the contract: the 18.9% increase and the clause indicating Ormond Beach would have the highest paid firefighters in Volusia County. Commissioner Gillooly explained that Mr. Jim Blue, Labor Attorney, has agreed the language in this paragraph was ambiguous and this has been corrected. He stated he still stands behind the raise due to past inequities. Commissioner Gillooly also commended the firefighters for their willingness to agree to this amendment. Commissioner Persis stated that he believes this contract should never have been agreed to originally, and it was done too hastily. He considers this damage control and the best that can be done under the present circumstances. Commissioner Persis stated the other employees, who are just as important, are comparing their contracts to what the firefighters received. He stated under the current tax structure, the City does not have the funds to give the other employees similar increases without raising taxes. Commissioner Gillooly stated Commissioner Persis is being very presumptuous when he states taxes need to be increased. He stated this is an issue that will have to be handled in the near future, but decisions have yet to be made. Commissioner Boyle pointed out that on the day the question was decided, the two (2) people who opposed it had to leave the meeting at a specified time. He stated that prior to the meeting, the City Manager informed them that a decision had to be made very quickly. Commissioner Boyle stated the Commission had two (2) choices, and although it was hasty, he submitted that three (3) members were willing to stay and debate the issue. He noted no one made a motion to continue the meeting at another time for further discussion and the best decision was made with the information that was available at that time. Mayor Hood indicated that Commissioner Boyle’s recollections are completely different than his, but this will be dealt with at a later time.
Item #6(F) - Fire Station #93 RESOLUTION NO. 98 - 95
Commissioner Boyle moved, seconded by Commissioner Persis, for approval of Resolution No. 98-95, as read by title only. Commissioner Persis asked Barry Baker, Fire Chief, to clarify the location of the parcel. Chief Baker stated the parcel is located between Wilmette Avenue and the Skate Center on the opposite side of the street, on the eastern portion of the Route #1 corridor.
Item #7 - Land Use Change Mayor Hood stated the applicant has requested this item be continued to the July 7, 1998, meeting. He asked if there were any objections. Ms. Vickie Van Schoik, 59 Chippingwood Lane in the Gardens of New Britain, stated she has taken time off from work to be at this meeting to address the City Commission with her concerns. She stated she will not be in town for the July 7, 1998, meeting; therefore, she asked for an extension. Mayor Hood suggested contacting the Charles Wayne Group to see if they agree to an extension, if they do not, then he invited Ms. Van Schoik to present her arguments at the next City Commission meeting. Mayor Hood asked Kevin Denny, Acting Planning Director, to contact Mr. Charles Lichtigman of the Charles Wayne Group relative to an extension. Mr. Denny stated that it would be a two (2) hearing process, so Ms. Van Schoik could be heard at the second hearing. Mayor Hood recommended Ms. Van Schoik be able to attend both meetings if possible and Ms. Van Schoik agreed. Commissioner Boyle stated prior to the Planning Board meeting, the applicant was advised to meet with area residents, which was not done, but he understood that since the Planning Board meeting, the applicant has made an attempt to meet with the residents. He asked if such a meeting occurred and if Ms. Van Schoik was able to attend? Ms. Van Schoik stated the meeting was held last night and she did attend the meeting. Ms. Van Schoik stated the Charles Wayne Group has had months to make their plans, but she was notified one (1) day before the Planning Board meeting; therefore, she needs some time, considering she is not a professional speaker. Commissioner Boyle stated that if Ms. Van Schoik is unable to attend a meeting, she can place the information in a letter and it will be considered by the City Commission. Mr. Denny stated the first reading will probably be held July 14th, with the second reading on August 11th. Commissioner Gillooly moved, seconded by Commissioner Boyle, to continue the public hearing on Item #7 to July 7th or July 14th, contingent upon discussion with the Charles Wayne Group. The motion carried unanimously.
Item #8(A) - Unit X-A of Ormond Lakes ORDINANCE NO. 98 - 15
Commissioner Persis moved, seconded by Commissioner Boyle, for approval of Ordinance No. 98-15, on first reading, as read by title only. Commissioner Boyle stated this developer seemed to take every effort to work to preserve as many trees as possible. He restated he is impressed by the quality of development and it is a clear indication that developers can work with Ormond Beach, that the rules are not inflexible, and that positive results can occur. Commissioner Boyle did voice his concern that there are 60 foot wide lots and only 25 foot setbacks. He stated that although this does comply with Code, he would hope that the developers of pristine lands would be even more sensitive in the sizing of the lots. Mr. Denny reported that the size of the lots was part of the Development of Regional Impact (DRI) approved by the State of Florida; therefore, the City has no jurisdiction on the size of the lots.
Item #8(B) - Unit XI of Ormond Lakes ORDINANCE NO. 98 - 16
Commissioner Boyle moved, seconded by Commissioner Persis, for approval of Ordinance No. 98-16, on first reading, as read by title only.
Item #8(C) - Adding Hillside Cemetery to List of Historic Landmarks ORDINANCE NO. 98 - 17
Commissioner Persis moved, seconded by Commissioner Boyle, for approval of Ordinance No. 98-17, on first reading, as read by title only.
Item #8(D) - Building and Construction Regulations ORDINANCE NO. 98 - 18
Commissioner Persis moved, seconded by Commissioner Boyle, for approval of Ordinance No. 98-18, on first reading, as read by title only.
Item #8(D) - Membership of the Claims and Program Committees ORDINANCE NO. 98 - 19
Commissioner Persis moved, seconded by Commissioner Boyle, for approval of Ordinance No. 98-19, on first reading, as read by title only.
Item #9(A) - Variance Denial Appeal Regarding Canopy Lighting for Texaco Service Station Mr. Ernest Popplein, 190 Atlantic Avenue, Indiatlantic, Florida, stated he depended on a prior action by the City and purchased lighting costing $15,000, but the rules changed and he is now unable to utilize these lights; therefore, he is appealing the variance denial. He clarified that these same type of lights were approved on a station on Atlantic Avenue, but denied for the station on Nova Road and Granada Boulevard and the station at Granada Boulevard and US #1. Mr. Popplein stated the lights were approved by the Building Department because they were deemed to be lights and denied by the Planning Department because they were deemed to be signs. Mr. Eugene Miller, City Manager, stated the application was for lighting, but the light that was installed was a red beam at the base of the black Texaco sign; therefore, the interpretation by Mr. Clay Ervin, Planning Director, was that it constitutes a sign to which Mr. Miller agreed. He stated the City admits that the original approval was made in error, but once the error was discovered, the other signage was denied. Mr. Popplein stated the denial would place a severe hardship on him, being a small contractor and due to the fact that he already purchased the lights. Mr. Miller stated that since the City made the error on the first station, they will allow it and deem it a non-conforming sign, but will not permit the other two (2) stations to follow suit. Mayor Hood stated Mr. Popplein is a small businessman who relies on what was done previously by the City, and although the error was not made intentionally, he questions the consequences to the community if this is allowed. He concluded he does not believe there would be any great harm to the community. Commissioner Boyle stated Mr. Popplein was previously before this City Commission regarding canopies with logos where Texaco would do a matching grant and enhance the business to the tune of thousands of dollars, but Code Enforcement and the Commission refused to allow the signs. Commissioner Boyle expressed agreement with the Mayor’s position. Commissioner Boyle moved, seconded by Commissioner Irvin, to grant the appeal for a variance to Section 14.04 of the Land Development Code regarding canopy lighting for the Texaco service stations at 5 South Yonge Street and 10 North Nova Road. Commissioner Gillooly indicated he does not find the lighting offensive, and it adds to the appearance of the building. He stated he believes a sign should convey a message, which this does not; therefore, he deems this lighting and not signage. Mr. Randy Hayes, City Attorney, stated that the appeal is to be based on the finding that the lights are deemed lighting and not signage. Commissioner Persis stated that in the past, if the City has made a mistake there are other ways of handling it such as the City could pay for it or allow it. He stated the City Commission needs to look further and indicate whether this is permissible for any developer who wants the same kind of lighting or not. Mr. Hayes stated this ruling applies only to this situation because it appeals a specific determination, but from a policy basis this could be considered. Commissioner Gillooly recommended taking each incident on a case-by-case basis in the future and deal with just this incident at this time.
Item #9(B) - Allowing Dogs and Alcohol Consumption on Certain Volusia County Beaches Commissioner Boyle moved, seconded by Commissioner Gillooly, to not allow dogs and alcohol consumption on the Volusia County beaches. Commissioner Boyle stated this has been the policy since before Volusia County took over the beaches, and the debates and public comments agree with this position. Ms. Leigh Dunkel, 94 Ormond Parkway, stated that mixing dogs and swimmers on the beach is a health hazard. Mr. Mike Armond, 60 Vining Court, indicated he has a book entitled Traveler’s Health which reports that there is a disease that is endemic to tropical beaches in Florida and the Caribbean which is spread strictly by dog feces in the sand.
Item #9(C) - Concerts at Fortunato Park Commissioner Persis moved approval of a Concert series at Fortunato Park. The motion died for lack of a second. Mr. Tom Lipps, Assistant to the City Manager, explained the issues relative to this request. He stated that under the current scheduled closing times for Fortunato Park, the first event will require a waiver of the closing time regulation to 9:30 p.m. Mr. Lipps stated that under the Code of Ordinances, the City can only authorize one (1) event by a not for profit entity in which alcohol is sold; therefore, in order to approve this concert series, an ordinance change is necessary. He indicated staff would like to determine if it is the wish of the Commission to bring back, at the next meeting, an ordinance authorizing more than one event per year. Mr. Lipps stated that after all expenses are paid from the event, the proceeds must be turned back to the City or used for public purposes per ordinance. He indicated the Chamber of Commerce would like to retain any profit. Mr. Lipps stated the Chamber would like to have a co-sponsorship where the City would not charge for certain expenses; however, staff advocates either the City bill the Chamber for the costs and the profits would go to the Chamber, or the City enter into a partnership where the City and Chamber jointly share in decision making and any profits. He stated supplying City services such as police, traffic control, setup, and cleanup arises on a regular basis and encouraged the Commission, as a matter of policy, to retain a position that the expenses be borne by the group holding the event. Commissioner Boyle agreed the concert series is good and waiving the closing time for Fortunato Park is no problem, but the issue of raising the number of occurrences alcohol may be sold is very controversial at best. He stated he favors only one (1) occurrence with alcohol permitted to be sold per year, and opposes sponsorship or partnership. Commissioner Boyle moved, seconded by Commissioner Gillooly, to deny the Chamber of Commerce’s request for a concert series where alcoholic beverages are served. Ms. Fanny Handel, 1 John Anderson Drive, applauded the idea of concerts sponsored by the Chamber of Commerce; however, she opposes the sale of alcohol in this family type entertainment. Mr. John Connors, President of the Ormond Beach Chamber of Commerce, stated that the proposal is presented as proposed by the sponsor. He stated only approximately 50 to 200 people are expected to be in attendance with limited advertising, and emphasized this is not a major festival. He stated the concert will be for three (3) hours and offer light music. Mr. Greg Evans, Chairman of Community Events for the Ormond Beach Chamber of Commerce, stated the Chamber is attempting to do something for the community. He explained the alcohol was introduced due to the sponsor, the Miller Brewing Company. He pointed out the theme parks serve alcohol and are family oriented. Commissioner Gillooly asked if lemonade could be substituted for alcohol; to which Mr. Evans replied that if a sponsor could be found, it could be done. Mayor Hood pointed out the alcohol was sold at Jazz Matazz with no real problem and Commander Longfellow replied that only a few minor incidents occurred. Mayor Hood stated the Commission talks about the need to create more activities downtown, but no one else is willing underwrite these activities. Mr. Connors indicated that thousands of dollars are involved in presenting these minimal concerts due to the liability insurance, the cost of the entertainment, and other preparation costs. He stated the present sponsor has agreed to four (4) concerts. Commissioner Persis commended the Chamber for their efforts and favors allowing them to hold one (1) or two (2) concerts, and then determine if there is a problem. Commissioner Boyle stated Fortunato Park is a much smaller park than Rockefeller Gardens Park with homes overlooking the park. He agreed that while a majority have no problem with alcohol being sold in a small number of concerts, there are people who have a problem with this where a problem wouldn’t exist at Rockefeller Gardens Park. Mr. Connors stated that these are small concerts, but if they should be successful and grow, they could be moved to Rockefeller Gardens Park. He stated the music would face the Halifax River away from homes. Commissioner Boyle stated the sponsor, of course, wants to recoup his investment by the sale of his product, yet the City is to subsidize his costs. He stated the proximity to homes and the subsidy issues are two (2) reasons he opposes the concerts. Mayor Hood stated that if the City Commission is unwilling to allow programs where sponsors pay to bring entertainment to the area, then the Chamber needs to be informed to cease their efforts for these programs. He stated he approves allowing one (1) or two (2) concerts, see an accounting of funds and if there is a profit, it is to be split between the Chamber and the City. Commissioner Irvin agrees concerts are a good idea that will bring people back to the downtown, but she would like to see it be more family oriented. Mr. Connors stated that this is the Chamber’s intention. He explained that the overall cost of insurance is a package and may cost more if only one (1) or two (2) were permitted, but he would discuss it with the sponsor. Ms. Dunkel asked if items other than alcohol would be sold, and Mr. Connors stated soda, water, hot dogs, and hamburgers would also be sold. Ms. Handel, stated the proposal presented does not mention that a beer company is sponsoring the event. She asked if any research was conducted to determine if any other business, or even the community, would help sponsor a concert. Ms. Rita Press, 975 Wilmette Avenue, asked if people would be able to bring their own liquor to the park as well as beer being sold, and if not, how could it be controlled? She also questioned if these participants will drive home after drinking alcohol. Ms. Press expressed her strong opposition to allowing alcohol being sold. She stated she fervently supports downtown revitalization and is working toward that goal, but what good would the concerts do if the stores are closed at night. Ms. Press offered to contribute to a fund to bring concerts to the downtown, but not if alcohol were allowed. Ms. Alice Jaeger, 447 Triton Road, encouraged the City Commission to make a stand on this issue to sponsor family events, and not support the sale of alcoholic beverages. She stated she has been to several Jazz Matazz concerts, but stopped attending because of the presence of alcohol. She agrees citizens would be willing to sponsor these concerts. Commissioner Gillooly related he has a problem with the sale of alcohol, but he also opposes changing ordinances to accommodate the situation, and the financing is also unclear. He stated although he applauds the Chamber’s work and favors downtown revitalization, he cannot support the concerts. Mr. Joseph Thompson, 356 Chardon Road, stated that it would be wise to look at the past and the creation of Jazz Matazz. He explained Jazz Matazz started out small and grew larger every year, which could easily happen to this type of activity. Mr. Thompson opposed selling alcohol on City property to raise money to pay for sponsorships. Ms. Muriel Nicastro, 6 Mimosa Trail, questioned if anyone ever contacted corporations such as Lipton Tea for possible sponsorships. She also agreed that citizens and civic organizations would be interested in helping to sponsor activities such as concerts in the park.
Item #9(D) - Unicom License Mayor Hood asked Mr. Miller if the Unicom license is solely within the jurisdiction of the Federal Communications Commission (FCC) and the City has no jurisdiction or any input whatsoever? Mr. Miller stated this is correct and staff has been trying to obtain that information in writing, but have not received it at this time. He stated the FCC is now in a 30 day public hearing phase where two (2) applications are pending, and then it will be sent to their legal department to conduct whatever investigation they deem necessary to make a determination. Commissioner Boyle asked if, prior to Commissioner Gillooly’s inquiry, the City was aware that the correct process was through the FCC? Mr. Miller replied that in past years there was only one applicant, but the two (2) applicants this year triggered the public hearings. Commissioner Boyle stated that technically the current ordinance is in error and should be revised. He asked Mr. Miller if the Airport Manager will be asked to make a recommendation to the FCC and if he has, asked what is the criteria for that recommendation? Mr. Miller stated, to his knowledge, the Airport Manager has not been asked and he would instruct him to refrain from making such a recommendation. Commissioner Gillooly concluded that this is all he wanted indicating he has no "ax to grind" with either applicant. Commissioner Irvin stated that at the last meeting, there was a discussion regarding reviving and deleting boards. She asked a discussion be placed on the next meeting agenda to recreate the Airport Advisory Board or create an ad hoc committee to deal with airport issues. Mayor Hood requested Mr. Miller to add this discussion to the agenda for the next meeting. Mr. Adrian Thompson, President, Ormond Beach Aviation, stated Ormond Beach Aviation is a Category 1 Fixed Base Operator (FBO). He pointed out that Section 3A-60, (10), reads "A Unicom will be operated during normal business hours by the fixed base operator designated by the airport manager" which is in conflict with the FCC regulations. Mr. Thompson showed a letter dated October 24, 1996, from Ted Kramer, former Airport Manager, indicating that the matter of the conflicting FBO applications for the Unicom would be considered at the expiration of the current license, which is now. He stated a copy of this letter was sent to Fred Baughman, Airport Manager, and his reply, dated March 31, 1998, gave no consideration to the qualifications of the operators who were applying. Mr. Thompson explained the opposing applicant fails to meet the City’s minimum standards to be a Category 1 FBO. He showed a breakdown of the contributions of the two (2) FBOs at the Ormond Beach Airport selling fuel. Mr. Thompson urged the City Commission change the ordinance to read, "The airport manager will recommend to the FCC who should operate the Unicom." He stated the FCC will take note when an airport is owned by a municipality of the recommendation of that municipality as to who will operate the Unicom. Mr. Gordon Currie, 1 Cypress View Trail, stated that the Airport Advisory Board was comprised of four (4) pilots out of the five (5) member board and if the board is reconvened, he recommends pilots be placed on the board again. Mr. Greg Schamaun, Sunrise Aviation, stated his operation was planning to go to a self-serve operation, but the Ormond Beach residents asked them not to, so they decided to provide the service. He stated there is not enough business to support two (2) jet fuel operators. Mr. Schamaun stated his company represents the service side as opposed to the cost side. Commissioner Boyle stated the major issue is who makes the decision on who gets the Unicom and, based on what was stated tonight, he is confused as to whether the FCC will solicit or accept a recommendation of the Airport Manager of Ormond Beach. He requested a definitive answer be given on this question, in writing, by the next meeting. Mayor Hood stated he understood that whether the FCC did or did not solicit a recommendation, the City would give no recommendation. Mr. Miller agreed and again stated, to his knowledge, no recommendation has been made. Commissioner Gillooly requested Mr. Miller ask Mr. Baughman if a recommendation was made. He also requested, at the next meeting, to discuss changing the wording in the ordinance to recommend a recipient of the Unicom. r. Mike Armond stated he was a former member of the Airport Advisory Board and sees the need to reinstate the board. He stated Sunrise Aviation refused to give a traffic advisory because he didn’t buy fuel from them. Mayor Hood stated this is not the proper place for a full hearing and advised Mr. Armond to attend the FCC public hearing. Mr. Gene DeCarlo, 3766 Caric Drive, stated he doesn’t understand the problem in who has the Unicom since every FBO has a frequency and all they would have to do is apply to the FCC to get a Unicom if they meet code regulations. He stated you can have more than one (1) Unicom per airport. Mayor Hood stated this will be brought before the FCC and Ormond Beach has no jurisdiction. Item #9(E) - "Gentlemen’s Agreement" Commissioner Boyle stated he just received the resolution regarding the Ormond Beach/Holly Hill boundaries at 7:00 p.m. this evening to which Mr. Miller stated this document was just received today. He stated regarding the skateboard park issue the City Commission received a 16 page document and a 38 page document was received when the budget was discussed at 7:00 p.m. the night of the meetings, and he hopes this can be avoided in the future so he can better prepare for discussion of this issue. Commissioner Boyle stated he has the same concerns that Commissioner Burns of Holly Hill has regarding this agreement in that the commissions had no input into the agreement. He noted that the map is drawn north/south. Commissioner Boyle pointed out the agreement is moot, because the property owner has the right to remain in Volusia County, annex into Ormond Beach or annex into Holly Hill. Commissioner Boyle moved, seconded by Commissioner Gillooly, to not approve the resolution containing the "Gentlemen’s Agreement" between Holly Hill and Ormond Beach, and not meet with the Holly Hill City Commission to further discuss annexation. Commissioner Boyle requested that when complicated issues such as this occur, "the policy be made with the City Commission and not for it." Mayor Hood expressed his complete agreement with not approving the resolution, but when Ormond Beach says they will not discuss annexation, they will not progress to a discussion which could benefit of both communities. He stated he favors Ormond Beach’s attempt to meet with Holly Hill to find some reasonable solution. Commissioner Boyle agreed to withdraw the portion of the motion that indicated dialogue be discontinued with Holly Hill. Commissioner Boyle stated he was informed by citizens in Zone 1 that Holly Hill is aggressively soliciting annexation on both sides of US #1; therefore, their credibility is in question. Mayor Hood agreed there are problems, but the way to solve them is with dialogue between the two cities. Mr. Miller explained the reason this issue was discussed staff to staff was to determine who presently serves utilities to certain areas and who should logically serve the areas, not to delineate boundaries.
Item #10 - Audience Comments On Agenda Items Debris on SR #40 Mr. Jerry Upson, 904 Quail Run, complained regarding debris being discarded on SR #40. He suggested signs be posted or increasing the fine for littering. Gas Lines Mr. Jerry Upson relayed his concern regarding the gas lines being installed at The Village. He also indicated the company is not cleaning up as they go and asked if this situation could be investigated. Mayor Hood asked Mr. MacLeod to present a report at the next meeting regarding this issue. Unicom and Tie Down Fees Mr. Adrian Thompson stated he wrote inquiring regarding tie down spaces on January 31, 1997, March 6, 1997, and spoke to Tom Lipps, Assistant to the City Manager, after April 17, 1997. He indicated is awaiting the City to assign him his tie-down spaces and, at that time, he will pay the bill. Mayor Hood asked this be placed on the agenda next meeting. Gentlemen’s Agreement Mr. Gordon Currie stated that 22 years ago, when he was Mayor of Holly Hill, he had a Gentlemen’s Agreement with the Ormond Beach Mayor Charles Bailey regarding annexation policy. Faircloth Property Russ Nicastro, 6 Mimosa Trail, asked if Ormond Beach has any authority over the Faircloth property complaining about the appearance of the property. Mayor Hood stated this is Volusia County property and not under Ormond Beach’s jurisdiction. Mr. Nicastro asked to have the City Manager call Volusia County and ask them to have the property cleaned up. Mayor Hood stated he does not believe it violates Volusia County codes. He stated staff has done it before and can do it again, but without annexing the property into the City, Ormond Beach has no jurisdiction. Mr. Nicastro asked why Ormond Beach doesn’t annex the property into Ormond Beach? Mayor Hood answered Ormond Beach has certain policies against this. Mr. Kevin Denny, Acting Planning Director, stated there are two (2) ways to annex, voluntary or by referendum which would require all the land owners’ in the area’s permission, but the owner can reject it and not come into the City. Mr. Denny reported he was informed Mr. Faircloth is moving his operation to Holly Hill in the next few months. Commissioner Gillooly asked if it were possible to de-annex a property without the owner’s permission? Mr. Hayes stated the only way to de-annex property is if it does not meet the criteria to be within the corporate boundaries of Ormond Beach, such as it if creates an enclave. Commissioner Gillooly asked Mr. Hayes if there was any way the process of annexation could be started in this case. Mr. Denny stated there is no way for Ormond Beach to force annexation unless it is an enclave by legal definition and the Faircloth property does not meet the definition of an enclave. Ms. Rita Press reported she spoke to the County Code Enforcement today regarding the Faircloth property and they have been cited. She explained she doesn’t think citizens should just give up and say it’s a County matter. They can call the County Code Enforcement and recommended Ormond Beach’s Code Enforcement call and complain as well. Commissioner Boyle stated he will personally call Faircloth and County Councilman Stan Rosevear, and encouraged citizens to make these calls as well. Item #11 - Reports, Suggestions, Requests Fortunato Park Commissioner Boyle stated that while launching of motorized watercrafts are not permitted, they can tie up at Fortunato Park. He stated he has received complaints regarding jet skis and motorized watercraft launching from Fortunato Park, especially on Sundays, the day there is no Code Enforcement. Commissioner Boyle asked staff examine this issue and requested Chief Mathieson’s assistance. Hunter’s Ridge Commissioner Boyle received an inquiry from a constituent and a State official regarding possible clear cutting in the Hunter’s Ridge area, which may be in violation of the original Development Order. He asked staff to investigate this question and report to the City Commission at the next meeting. Construction on the Corner of Bostrom Lane and Hand Avenue Commissioner Boyle stated at the last City Commission meeting Commissioner Irvin expressed concern regarding a house under construction on the corner of Bostrom Lane and Hand Avenue. He stated this was a public question which was answered privately by the City Manager. Commissioner Boyle stated when this Commission places an item on an agenda at a meeting, a public expectation is created for resolving that issue in public; therefore, even if information is provided in the interim, the item still needs to be discussed publicly at the next meeting because of this public expectation. Commissioner Boyle stated the City Manager wrote to the Commission, regarding this issue, that the property owner had been denied a zoning change to construct a duplex on his property. He stated the letter continues to explain that the property owner submitted a building plan to construct a single family dwelling which meets the minimum codes and the permit was issued for only one electrical meter, water meter, and cooking unit. Commissioner Boyle walked through the site and examined the floor plan. He stated the owner told him that a member of his family has a disability that would qualify for federal benefits as long as they have two separate addresses. He described the dwelling as having a (2) two car garage, but no entrance from the garage into the dwelling with two (2) identical floor plans within the building; each floor plan has a front door, back door, a living room, what looks like a kitchen/dining area and two (2) bedrooms on either end and connecting the two (2) floor plans is one (1) single door. Commissioner Boyle stated technically this is not a duplex, but he is embarrassed for the City and believes the citizens who came to the Commission in good faith were disrespected. He asked the City Manager direct a letter be sent to all the nearby residents on Bostrom Lane explaining the situation and how this building complies with codes so they will understand what happened and he asked staff to start the process to "plug this loophole" in the code so this never happens again. Mayor Hood asked Mr. Miller to deal with Commissioner Boyle’s concerns. Oakridge Cemetery Commissioner Irvin expressed her appreciation to the residents of Zone 2 for all their efforts in cleaning up the Oakridge Cemetery. She also thanked the Police Department for their assistance. Skateboard Park Commissioner Irvin expressed skepticism regarding the City Commission’s previous decision on the skateboard park. Permits Conspicuously Displayed Commissioner Gillooly stated he noticed a lot being developed on the corner of Pine Circle and North St. Andrews where no permit was visible. He recommended amending the ordinance to indicate permits be displayed in a conspicuous location three (3) days prior to any work done on the site. He asked this be placed on the agenda for next meeting. Debris on the Corner of Nova Road and SR 40 Commissioner Gillooly stated there is debris on the corner of Nova Road and SR 40 from the fast food restaurants in the area. He asked Todd Herget, Chief Building Official, to contact the property owner and have the area cleaned up immediately. Skateboard Park Commissioner Persis stated he is also getting a large number of calls regarding the skateboard park. He stated that until a deal is signed with Mr. Todd, the deal is not sealed and stated his opposition to the fees and hoped a better compromise could be reached. Debris Along SR 40 Commissioner Persis stated, as he discussed with Mr. Upson, people with pickup trucks storing the debris in the bed of the truck, but flying out as they travel SR 40 resulting in debris along the highway. He stated these people don’t mean to litter, but may need to be better educated. Memorial Day Celebration Commissioner Persis congratulated Commissioner Gillooly for the fine job he did at the Memorial Day Celebration. He stated he was happy to see the younger school children in attendance at the celebration. Commissioner Gillooly stated Mr. Art Nustad ran the ceremony and he also found it inspiring. Skateboard Park Mr. Eugene Miller, City Manager, reported he was informed two (2) petitions were going to be submitted during audience remarks regarding the skateboard park. He planned to give a status report, but since three (3) Commissioners expressed concern, he explained that staff is considering the Commission vote at the last meeting as a decision and incurring costs; therefore, if there are any reservations for reconsideration, he asked staff be informed.
Mr. Alan Burton, Leisure Services Director, stated the planning, architectural, and engineering services have been initiated for the site. He restated that the $125,000 he quoted previously is solely for the play area alone, and added the drainage and additional costs will equal approximately $40,000 to $50,000. Mr. Burton stated a meeting is set to go over the lease agreement with Mr. Todd. Commissioner Boyle stated he had no idea the additional costs would run $40,000 when the vote was taken and on that basis he made a motion for reconsideration. Mayor Hood stated he cannot make the motion, since he voted against the proposal. Commissioner Gillooly moved, seconded by Commissioner Irvin, to reconsider the skateboard park.
Mayor Hood asked Mr. Miller to place this item on the next agenda. Tentative Millage Levy Mr. Miller stated that the tentative millage levy must be certified to the Volusia County on August 4, 1998. He explained the budget will be presented July 10, 1998, a workshop is scheduled at 5:00 p.m. on July 14, 1998, and the budget must be certified at the 7:00 p.m. regular City Commission meeting that same evening. Mr. Miller stated this tight schedule is of concern to him and Mr. Bob Bentkofsky, Budget Manager. He stated staff and Mr. Bentkofsky are doing all they can to expedite the process. Commissioner Gillooly asked he have the budget at least one week prior to properly study the document. Mr. Miller stated due to the vacation schedule, from July 18 through August 3 there will not be at least two (2) members present to hold a meeting. Commissioner Boyle recommended completing the process by July 18, 1998. Mr. Miller replied that the only possibility for this to be accomplished is if staff could get it to the Commission and staff could develop two (2) or three (3) alternatives. Mayor Hood asked Mr. Miller to work on the problem and inform the Commission at the next meeting. Hunter’s Ridge Mr. Upson stated the area Commissioner Boyle mentioned earlier has a conservation plan and they are trying to eliminate some of the pine trees in order to restore the natural growth. He indicated he would send the City Commission a report on the plan. Mr. Upson indicated the St. John's River Water Management District was to assist in this process. Commissioner Boyle stated that this would satisfy his question. He requested Mr. Upson make the report available to Pat Frost of the St. John's River Water Management District. Mr. Upson stated the report was sent to Pat Frost today. Germany Trip Mayor Hood reported he went to Germany at the request of the owner of WDL at his own expense. He stated he spent three (3) days touring the operation and was greatly impressed with the operation. Mayor Hood stated WDL hopes to start in Ormond Beach at the end of this summer and he believes the company will be a very positive influence in Ormond Beach. Item #12 - Close The Meeting The meeting was adjourned at 9:45 PM. |
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